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2.9 Structure of the Constitutional Treaty

There were 4 parts to the Constitution, 36 Protocols & 50 Declarations.

Part I: The Constitution (9 titles)

Title

 

Articles

Key Articles

I

Definition & objectives of the Union

I-1 to I-8

3: Union's objectives: including "The Union shall work for the sustainable development of Europe based on balanced growth & price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment".

6: Primacy of Union law.

7: Legal personality of EU.

8: Symbols of the Union. (Specifies the flag, the anthem, the motto ("Unity in diversity"), the currency (the €) and "Europe day" (9 May).)

II

Fundamental rights & citizenship of the Union

I-9 to I-10

 

III

Union competences

I-11 to I-18

12-14: Categories of competences, including exclusive & shared competences. (The term "shared" is misleading because member states can only exercise their competence where the Union has decided not to.)

15: Coordination of economic & employment policies. This is irrespective of euro membership.

18: Flexibility clause. (Under certain circumstances, the Union can go ahead with policies "to attain one of the objectives set by the Constitution" even if the Constitution has not provided the necessary powers.)

IV

Union's Institutions & bodies

I-19 to I-32

22: The European Council President (new).

25: Qualified majority in the Council.

The "double majority" will apply to Council decisions, which will be defined as at least 55% of members of the Council representing member states comprising at least 65% of the EU population. 

26: Commission. (Confirms the role of the appointed Commission as the executive arm of the EU single European State.)

27: President of the Commission. (To be elected by the European Parliament.)

28: Union Minister for Foreign Affairs (new).

V

Exercise of union competence

I-33 to I-44

33: The legal acts of the Union. (The EU can create laws where it has competence that can apply directly to member states, without requiring legislation in national parliaments.)

40: On the CFSP: the ending of the 2nd pillar. (The Union's competence...shall cover all areas of foreign policy...and security...which might lead to a common defence.)

41: Concerning CSDP, to be an integral part of CFSP.

42: On the area of "freedom, security & justice: the ending of the 3rd pillar.

43: Solidarity clause.

VI

Democratic life of the Union

I-45 to I-52

46: Principle of representative democracy. "Citizens are directly represented at the Union level in the EP. Member states are represented in the European Council and in the Council of Ministers by their governments."

VII

Union's finances

I-53 to I-56

 

VIII

Union & its neighbours

I-57

 

IX

Union membership

I-58 to I-60

60: Voluntary withdrawal. ("Exit clause", Any member can withdraw, but the process of withdrawal is expected to take 2 years.).

 

Part II: The Charter of Fundamental Rights of the Union (7 titles, as agreed at Nice)

Title

 

Articles

Key Articles with special relevance to business

I

Dignity

II-61to II-66

 

II

Freedoms

II-66 to II-79

 

III

Equality

II-80 to II-86

83: Equality between women and men

IV

Solidarity

II-87 to II-98

87: Workers' right to information and consultation within the undertaking.

88: Right of collective bargaining (including the right to take collective action to defend their interests, including strike action).

90: Protection in the event of unjustified dismissal.

91: Fair and just working conditions (covering health and safety, restrictions on hours worked etc).

92: Prohibition of child labour and protection of young people at work.

93: Family and professional life (including maternity and paternity employment rights).

94: Social security and social assistance.

95: Health care.

96: Access to services of general economic interest.

97: Environmental protection.

98: Consumer protection.

V

Citizen's rights

II-99 to II-106

 

VI

Justice

II-107 to II-110

 

VII

The general provisions governing the interpretation and application of the Charter

II-111 to II-114

 

 

Part III: Policies & Functioning of the Union (7 titles)

Title

 

Articles

Key Articles

I

General application

III-115 to III-122

 

II

Non-discrimination and citizenship

III-123 to III-129

 

III

Internal market

III-130 to III-285

254: Space policy.

255: Energy policy.

266: Common policy on asylum.

267: Common immigration policy.

269-270: Judicial cooperation in civil & criminal matters.

274: European Public Prosecutor's Office.

IV

Association of the overseas countries and territories

III-286 to III-291

 

V

The Union's external action

III-292 to III-329

312: CSDP, permanent structured operation

VI

The functioning of the Union

III-330 to III-423

422: Enhanced cooperation ("passerelle") clause. (Enables the Union to replace unanimity requirements by QMV.)

VII

Common provisions

III-424 to III-436

 

 

Part IV: General and final provisions

Title

Articles

Key articles

Na

IV-437 to IV-448

437: Repeal of earlier Treaties.

444: General "Passerelle" clause.

447: Ratification. "If, 2 years after the signature of the treaty amending the Treaty establishing the Constitution, four fifths of the member states have ratified it and one or more member states have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council".

Protocols: the first 2

Protocol

Key implications

1 Protocol on National Parliaments

Has the intention of involving national parliaments in the legislative procedure.

2 Protocol on the application of the principles of subsidiarity & proportionality

Article 5: effectively makes the "enhanced role for national parliaments" a meaningless concession.

Main source: British Management Data Foundation (BMDF), The European Constitution in Perspective: Analysis and Review of "The Treaty Establishing A Constitution for Europe", including the complete text of the Treaty with all Protocols and Declarations as signed in Rome on 29 October 2004, BDMF, December 2004.

RL, February 2007