The beginnings of a constitution was protested in Nice, challenged in Laeken, Drafted in Rome and is now being afraid of implemented as France and Holland have rejected the Constitutional Treaty. This
has resulted in other member states having to postpone their constitutional ratifications, causing uncertainty within the EU as a whole. In order to understand the ideologies of the constitution and the effect that the Nice Treaty had on the Draft Constitutional Treaty, it is crucial that we go to the core of democracy and look at the various EU bodies implementing the constitution.
Analysts portray the EU variously as (a) a system of multi-level governance, such as a multi level polity, or a mixed commonwealth, or condominio, consortio; or (b) as some for of transition, such as a partial polity or post-national entity; or (c) in globalist terms, such as cosmopolitanism.
The formation of executive, judicial and legislative branch within the EU, along with the various institutions of the EU have followed effective methods of coordination within the governing bodies in establishing laws that have a direct bearing on the citizens.
The need for democracy and Explain the declaration of the future of the Union
European Union’s commitment to citizen’s rights was confirmed in Nice in December 2000 when the Declaration of the Future of the Union was proclaimed. This charter was drawn up by a Convention composed of members of the national and European Parliaments, representatives of the national governments and a member of the commission. Under six headings – Dignity, Freedoms, Equality, Solidarity, Citizen’s Rights and Justice – it’s 54 articles spell out the European Union’s fundamental values and the civil, political economic and the social rights of the EU citizen. The issues that were to be raised in the ………. Are as follows:
- A more precise delimitation of powers between the EU and the member states, reflecting the principle of subsidiary;
- The status of the Charter of Fundamental Rights;
- A simplification of the treaties with a view to making them clearer and better understood without changing their meaning;
- The role of national Parliaments in the European Architecture.
The DFC opened a wider debate on the simplification of the treaties, uniformity of human rights and the need for democratic principles.
The charter was not intended to duplicate the European Convention, but to form a Constitutional basis for the Union and be tailored to the specific powers of the European Union and its Institutions. This Convention was
Not binding
Success and failure in implementing
Draft Constitutional Treaty
The European convention drew up the Draft Constitutional Treaty
A major departure from previous treaty-making lay in the deliberative drafting procedure, which involved the unparalleled involvement of the members of the public, EU institutions and politicians from member states, accession countries as well as candidate countries.
Functions of the EU bodies.
Special consideration to the EU parliament.
The Council
Intermediary bodies
Whilst deficient in relation to a democratic state, the political system of the EU has developed a set of feedback mechanisms through which groups and individuals respond to outputs and mobilise to forge new ones to reflect their values and interests. This was apparent in the Europa website, when they had forums welcoming the thoughts and ideas of civil organizations on the European constitution.
The positive aspects of the EU bodies in regards to profiting the citizens
The principles of ‘Supremacy’ and ‘direct effect’ of EC law are premised on the notion of EC law as ‘higher’ law of the land of all Member States.
Problems being faced / Transparency – Countries giving forms of rebates to find solutions
Codification protects not only certainty concerning what is mandated or allowed by the law, but also the chance of meaningful participation of citizens in the law-making process.
By making the central piece of constitutional law clearer, they enhance its transparency, and increase the chances of the further democratic refinement of these rights.
The central institutions of the EU are linked to the citizens through a plethora of intermediary bodies, the main part of which are based on functional interests.
These increased intermediaries in the late eighties have given a misleading conception on the democracy of EU. The EU was portrayed in both the public and the scholarly debates as an elite game in the hands of economic interests and bureaucrats.
Declaration of the future of the Union – Drafting Constitutional treaty (compare each other)
EU having an impact on British Citizens.
England has had no problems adapting to the EU law.
The one area of difficulty has been in relation to the requirement to interpret national law in the in the light of the wording and purpose of non-directly effective provisions of directives.
Curerent Issues concerning the EU constitution
Emphasising on the current crisis of the democratic legitimacy of the European Union, John Palmer in his article on ‘The Levels of Democracy’ iterated that,
France -- a founding member of the European Union -- was the first nation to reject the proposed constitution.
Bibiliography
Eriksen E, Fossum J, and Menedez J, ‘European Union – On Constitution Making and Democratic Legitamcy’, (Paper prepared for the Area Conference on Democracy and Democratic Governance), 2002
Weatherill S, Beaumont P, ‘EU Law, The Essential Guide to the Legal Workings of the European Union’, 1999, Penguin Books
Horspool M, ‘European Union Law’, 3rd edition, 2004, Butterworths Core Text Series
Wyatt D, ‘EU Treaties & Legislation’, 9th edition, 2004, Oxford University Press
http://europa.eu.int/abc/12lessons/index9_en.htm
http://projects.essex.ac.uk/ehrr/archive/pdf/File6-AskewMirwaldt.pdf.
