2015年-CEPS欧洲政策研究中心_EU_Constitution_176页_1mb

Summary of The European Constitution: In the Making by Kimmo Kiljunen

Core Content

This book provides an in-depth analysis of the process of drafting the European Constitution, focusing on the European Convention and the debates surrounding the transformation of the European Union (EU) from a supranational union to a more integrated, potentially federal, entity. The author, Kimmo Kiljunen, reflects on the challenges, compromises, and controversies that shaped the constitutional process, drawing parallels between the historical Philadelphia Convention (1787) and the contemporary Brussels Convention (2002). The book also explores the implications of the EU Constitution on the future of European governance, democracy, and institutional reform.

Main Views and Key Information

1. What is the European Union?

• The EU is a unique political entity, neither a federal state nor a confederation, but a supranational union.
• The EU has evolved from the common market to a more integrated political structure.
• The concept of shared sovereignty is central to the EU's identity.
• The EU's legal personality is a key element of its institutional development.

2. The Brussels Convention

• The European Convention was established in 2002 to draft a Constitution for Europe.
• The Convention was seen as a historical milestone, similar to the Philadelphia Convention in 1787.
• The name of the new union was a controversial issue, with suggestions like "United States of Europe" raising comparisons with the United States of America.
• The Praesidium (leadership group) played a significant role in shaping the draft, and the first outline was submitted in late October 2002.

3. The EU Constitution

• The Constitution for Europe was intended to be a founding treaty, but it was ultimately seen as a constitutional document.
• The draft Constitution aimed to simplify the EU's governance structure and enhance democratic accountability.
• The Charter of Fundamental Rights was incorporated into the Constitution, reflecting the Union's commitment to human rights and democratic values.
• The tri-partite division of competencies was established: exclusive, shared, and supporting competences.
• The principle of subsidiarity was emphasized, ensuring that decisions are made at the lowest possible level of governance.

4. Common Foreign and Security Policy (CFSP)

• The CFSP was a key area of integration, with the European Security and Defence Policy (ESDP) aiming to develop a common defence.
• The passerelle clause allowed for the extension of qualified majority voting to areas such as justice and home affairs.
• There were security policy options, including the neutrality of Finland and Sweden, and debates over the EU's role in international affairs.
• The concept of a federal state was debated, with some members fearing it would undermine national sovereignty.

5. Institutional Reform

• The Convention proposed significant changes to EU institutions, including the European Council, Commission, European Parliament, Council of Ministers, and Court of Justice.
• The qualified majority voting (QMV) system was a major reform, aiming to ensure equal representation and efficient decision-making.
• The role of national parliaments was highlighted, with the citizens' initiative and democratic legitimacy being key concerns.
• The final outcome of the Convention was met with mixed reactions, with some member states refusing to sign the proposal.

6. The End of the Convention

• The Convention faced criticism for being undemocratic, with last-minute changes and controversies over its legitimacy.
• The Praesidium's compromise was a key factor in the final approval of the Constitution.
• The book's purpose is to provide background information on the EU's integration process and to clarify the jargon used in EU politics.
• The final Constitution was approved, and the question of a referendum was raised in several member states.

Key Issues and Debates

• Federalism vs. Confederation: The debate over whether the EU should become a federal state or remain a confederation was central to the process.
• Democratic legitimacy: Concerns about the democratic deficit and the need for citizen participation were raised, including the citizens' initiative.
• Institutional reform: The restructuring of EU institutions was a major focus, with the aim of improving decision-making efficiency and governance structures.
• Legal basis: The Constitution was seen as a supranational legal framework, unlike the treaty-based structure of a confederation.
• Sovereignty and identity: The shared sovereignty and federal identity of the EU were discussed, with implications for national autonomy and European unity.

Conclusion

The book concludes that the European Constitution was a historic attempt to redefine the EU's political structure, moving it closer to a federal model. Despite controversies and criticisms, the drafting process provided valuable insights into the evolution of European integration. The final Constitution was a compromise, reflecting the diverse interests of member states and the complexity of EU governance. The question of democratic legitimacy remains a key challenge for the EU, and the book serves as a reference for understanding the constitutional and institutional development of the Union.