The EU constitution: the best way forward? (original) (raw)

A Constitution for Europe and other constitutions

European Constitutional Law Review (EuConst), 2005

The spring of 2005 saw major set-backs for the Treaty of Rome of 29 October 2004, establishing what it calls ‘a Constitution for Europe’. On 29 May, the French rejected the Treaty in their referendum by 54,8% (turnout 70%). Then the Dutch rejected it on 1 June by an even more massive 61,7% (turnout 63%). In response to these refusals the member states agreed to a ‘reflection period’ and a suspension of the ratification deadline at the European Council of 16 and 17 June. In the subsequent 10 July Luxembourg referendum 56,2% of the electorate voted in favour (obligatory vote), a significant drop from polls in October 2004, but at least creating a simple majority of 13 member states to ratify the document. But the UK put its ratification on hold, followed by other countries.

Constitutional Future of Europe.pdf

Academic Journal of Interdisciplinary Studies, 2013

The 3rd millenium gives us the opportunity to construct activities on the field of the Constitution, giving that the level of constitutional development is achieved. The presentation of our futurological view of the Constituion will not be the product of imaginative assumptions, but the expectations we form based on the records of European constitutional experience so far. We certainly do not hide the fact that in our formulated standpoints the intuitive understandings of the future events in the constitutional field will also be included. At the same time, we are aware of the risks we take, because the primary standpoint we occupy is based on democratic development tendency in the field of the Constitution. Arguments in favor of that standpoint can be found in several unbiased facts which must be acknowledged, which provides the base of the acceptable scientific work with valid results. The forming of the constitutional reality of each individual country, considering all their specific qualities, is growingly under the influence of standardization established on the level of the European Union and the European rules outside the boundaries of European Union as well. It is obvious that we look at a complex constitutional puzzle formed by various parts, which does not stop us to present the existing and expected European Constitution (map consisting of individual constitutions of member states). For all these reasons, we are interested in recognizing the future development of the constitutionalism in Europe. It is therefore necessary to pay a special attention to the most vital, realistic and acceptable ideas about directions European constitutionalism should follow in the future. The unmeasurable and irreplaceable contribution which science can give, precisely consists of constructing and finding such ideas which can help main constitutional bodies to project new forms of constitution. In the great part of the article, the authors consider the idea of the European Constitution.