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The EU Constitution:The New Backbone of the Union
09/11/04Chris Haynes0029115
 
Introduction
On Friday, June 18
th
, 2004, the European Union’s 25 member states reached an agreementon the composition of the constitution of the EU. The European Convention looked at awide range of changes in designing the proposed new EU structure, from the powers of the EU vis-à-vis its members states to foreign affairs. In between one also comes acrossdecision making powers and voting rights, the reforming of institutions, defence policyand even a clause for members wanting to leave the Union. Though countries have yet toratify the constitution, whether by referendum or parliamentary resolution, they would bewise to do so.This essay attempts to answer why the EU requires a constitution, and what itsadvantages and disadvantages are. To do so I will explore what the constitution saysabout the different institutions of the EU and different perspectives on the implications of the new constitution on the EU and its people. I will talk about the provisions in theconstitution covering voting, decision making and the Charter of Fundamental Rights,give one example of opposition European integration and discuss why the EU needs aconstitution and its benefits.
What the new constitution says
Despite some anxious speculation to the contrary, the intent of the constitution is not tocreate a new superstate. EU member states retain their veto in the areas of foreign policy,defence and taxation. In other words, unanimous decisions are required to enact EU policy in these fields. Thus, in framing a common defence policy, nothing will be
 
imposed on states without their agreement. They can opt out if national governmentsdecide to do so. (BBC) Member states also have the final say in imposing sanctions onother members that do not comply with the Broad Economic Policy Guidelines and theStability and Growth Pact. (Crum, 333)While unanimity borders impossibility in such a pluralistic union, in many policy areas ithas given way to qualified majority voting (QMV). In other areas, QMV replaces theweighted voting procedure. QMV is, according to the constitution, at least 55% of theCouncil representing 15 member states and 65% of the population of the Union. (BBC)The European Parliament (EP) was granted the power of co decision with the EuropeanCouncil. In other words, if the EP does not agree to the proposed legislation, it will not pass. (BBC)Another document the constitution has incorporated is the EU Charter of FundamentalRights. Written up at a previous convention in 2000 and praised at Nice, the Charter isdesigned to enshrine the freedom, equality, solidarity and justice of its citizens in a singledocument. The Charter gives the European Court of Justice the power to suspend therights of a member state if it violates the rights of its citizens (or otherwise violates theconstitution). It presents stipulations on most issues in justice and home affairs, such asasylum and immigration, crime and cooperation between court and police force. Finally,it makes (albeit vague) attempts to promote democracy, human rights and the rule of lawnot only in Europe but around the world. (Europa)
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