The Treaty of Rome of 2004

The Traité establishing a Constitution for Europe (also called the Treaty of Rome II or the Treaty of Rome of 2004 ), signed with Rome by the heads of state and government of the European Union the October 29th 2004, should have come into effect starting from November 1st 2006, in condition of being ratified before by each of the twenty-five States signatories, which was not the case. It vraisembablement will vraisembablement be replaced by a modifying Traité whose principle was stopped the June 23rd 2007 at the time of the European Council of Brussels and whose text was approved by the European Council of Lisbon on October 19th, 2007: this text (taking again 96% of the provisions of the European Constitution, according to the analysis of the think British tank Openeurope Eurosceptic) will be signed on December 13rd, 2007 by the 27 Member States.

The Bulgaria, the Romania and the Turkey also forming part of the signatories with Rome (as observers), the coming into effect of this treaty should also have related to the two first, as of on January 1st 2007, after the ratification of their Treaty of Accession signed with Luxembourg the April 25th 2005.

Motivations

Two primary reasons were advanced to justify the development of this treaty:
  • impossibility of making function a Union with twenty-five members or more with the same rules as when the EU comprised of them only fifteen
  • the need for joining together in a single text the various treaties which followed one another with the passing of years, since the treaty founder of the European Coal and Steel Community (ECSC), in 1951, until the Traité of Nice of 2001, in order to make them more readable and comprehensible for the European citizens.

Three major changes:

  • the European Union has to replace current the European Community and the European Union
  • the three pillars (European Communities, the foreign Politics and of common safety (PESC) and co-operation police and legal out of penal matter) would have been amalgamated, although with the maintenance of particular procedures in the field of the foreign politics, of safety and defense
  • the treaties THIS and EU, as all the treaties which modified them and supplemented, would have been replaced by a single treaty.

Legal point of view

From a legal point of view, the text was not formally the Constitution of a State. This Treated establishing a Constitution for Europe , entitled retained by the contracting parties, did not have the role posted to create a federal or supranational European State whose constitution would replace that of the Member States. This text was a treated which would establish a constitution, as its preamble indicates it, once ratified. For this reason, in the fields of competence of the Union, it preceded the right of the Member States (I-6 article), which was besides already often the case under the empire of the existing treaties. In preparation for this one, the majority of the Member States had amended their own national constitution to allow this transfer of sovereignty.

Although the nature of the European Union, by this treaty, can resemble that of a confederation, with a significant transfer of competences of the Member States and sovereigns in the fields of the currency, of the trade, etc, it did not remain about it less than it went less far than certain confederations (see that of the United States of America between 1781 and 1789) and more, in certain fields that of federations. The European Union always constituted a construction sui generis , difficult to classify in a category.

It should be noted that any later modification of the Constitution would have required an unanimous agreement of the Member States and, in general, the ratification by a majority from at least 4/5 of those; however, for certain modifications, for example to extend the field of the vote in the majority qualified, an unanimous agreement within the European Council (thus of the governments) would have been sufficient.

Development of the text

See also: Convention on the future of Europe

Preliminary remark

The terms Traité establishing a Constitution for Europe seem to have been selected carefully. Indeed the idea of constitution takes root in continental Europe. Nevertheless the idea of constitution definite in a strict sense of the term is contrary to the Anglo-Saxon culture.

In addition the project envisages stages of transition. The field of application of the qualified majority determined by the Constitution became him effective as of the coming into effect of the Constitution . In addition temporary measurements were planned for the composition of the European Parliament, and this for the legislature 2004-2009.

The protocol (34) on the transitional provisions relating to the institutions and bodies of the Union took again the majority of the transitional provisions, which ceased on October 31st, 2009. The text was to be ratified before October 2006 by the 25 Member States of the Union to come into effect.

If however the treaty had suddenly been ratified by the four fifths of the Member States and that one or more Member States had encountered difficulties to carry out the ratification, the European Council saw itself seized of the question. The project envisaged a two years deadline for the Member States so that they carry out the ratification.

Christian heritage

One of the debates having preceded the ratification by the constitutional treaty was about the historical mention of the Christian heritage of the continent. Among the partisans of the mention: Angela Merkel, Romano Prodi, Lech Kaczyński and Benoit XVI.

France was the principal opponent with the inclusion of this religious heritage in the constitutional treaty. Indeed, the government of Jacques Chirac was firmly attached to secularity with the Frenchwoman, with a strict separation between State and public worship. No reference to this heritage was thus added.

However, it should be noted that the European Drapeau refers to the miraculous Médaille clearly of Catherine Labouré. The flag of Europe can thus point out this religious heritage even if the constitutional treaty does not do it.

Context of the treaty

Signing ceremony

With Rome, the October 29th 2004, was signed the second Treaty of Rome, that known as “of the European Constitution”, between the twenty-five Member States of the Union, but also - for the final act - by three applicant countries (Bulgaria, Romania and Turkey). A declaration was also signed by the Croatia as an observer (its negotiations of adhesion were to begin only after the 1 {{er}}   January 2005 and had been delayed sine die to be begun again in October 2005). This text was translated in the twenty official languages of the Union in addition to the Irish, like in Bulgare, Rumanian and Turkish (whose versions, although official, were not taken yet within the meaning of article IV-448 (1) of the treaty and would have become in their turn official versions only at the time of the coming into effect of the known as Treaty of Accession).

It was signed on the hill of the Capitole, seat current of the town hall of the town of Rome, in the room of the Horaces and Curiaces, that one even where had been already signed Ier the Treaty of Rome (the March 25th 1957) instituting the European Economic community. The rule would have liked that it was signed in Ireland, State which chaired the Union, during its adoption, in June 2004. A proposal had also been advanced to sign it with Madrid, in homage to the victims of the attacks of March 11th, 2004.

See the list of the Signatories of the Constitution for Europe.

Treaty establishing a Constitution for Europe

Project adopted by consensus by the Convention European the June 13rd and July 10th 2003 and given to the president of the European Council in Rome the July 18th 2003. This text * was improved by the intergovernmental Conference. The final text was adopted by the heads of state and government of the Twenty-five the June 19th 2004 at the European Council of Brussels. It was signed formally in Rome the October 29th 2004 (the 2nd Treaty of Rome after the treaty of 1957). It would have come into effect only once ratified by each Member State.

Ratifications

The constitutional treaty was to be ratified by each of the twenty-five Member States of the Union in 2004, according to the rules in force in each State, generally by parliamentary way and in certain cases by way chief clerk. The step of ratification was to be completed in the two years which followed the signature of the treaty, in other words before the October 29th 2006. If certain States would not deposit their instruments of ratification before this date, which was the case, precise article IV-443 that “ the European Council seizes question”. The Declaration n° 30 specifies that if the 4/5 of the States did not ratify before October 29th, 2006, the European Council seizes question.

  • 1/the treaty was ratified by the Lithuania as of the November 11th 2004 - which thus preceded the Italy whose government had symbolically approved the bill of ratification the evening-even of the signature of the treaty with Rome.

  • 2/In Hungary , the Parliament ratified the European Constitution by 322 votes out of 385, the December 20th 2004.
  • 3/the Slovenia ratified the Constitution the 2005.
  • 4/the Spain voted “yes” at the time of the advisory referendum of the February 20th 2005. The the Spanish Cortes confirmed this vote.
"Sí" (for): 76,73% (10 804.464 voters)
" No" (against): 17,24% (2 428.409 voters)
White and null: 6,03% (849 093 voters)
Rate of participation: 42,32%.
Rate of abstention: 57,68%.
  • 5/the Austria ratify the treaty the May 25th 2005. The Bundesrat, the Upper House of the Austrian Parliament ratified by 59 votes against 3 the European Constitution confirming the ratification of Nationalrat.
  • 6/In Italy , the April 6th 2005, the senate authorized the President of the Republic to ratify the Treaty of Rome of October 29th, 2004, by 217 votes against 16, confirming the preliminary vote in January of the House of Commons.
  • 7/In Greece , the April 19th 2005, the Parliament monocaméral voted the ratification of the treaty by 268 votes for, 17 against and 15 abstentions;
  • 8/In Slovakia , the May 11th 2005, the Parliament approved the Treaty by 116 votes for, 27 against and 4 went away; the President did not affix his signature yet on the act.
  • 9/In Germany , the May 27th 2005, the Bundesrat confirmed (on 16 Länder, 15 vote for, 1 only Western abstention that from the Land of Mecklembourg-Poméranie) the very favorable preliminary vote of the Bundestag. The president of the Federal Republic of Germany must still sign this instrument, which it will do when the constitutional court will have ruled on the filed appeal by deputy CSU (right-hand side souverainist) Peter Gauweiler opposed to the treaty. The constitutional Court awaits the clarification of the situation (cf Die Welt, November 1st, 2006). In a strict sense term, in the absence of the signature of the President, Germany did not ratify the treaty.
  • the France voted “not” at the time of the referendum of the May 29th 2005.
final Results validated by the Constitutional council:
" Oui" (for): 12.808.270 votes (45,33% of the votes cast)
" Non" (against): 15.449.508 votes (54,67%).
White and null: 730.522 votes (2,52% of the voters).
Rate of participation: 69,37% (28 988.300 voters)
Rate of abstention: 30,63% (12 800.902 voters).
Registered on the lists: 41.789.202 voters
(figures including the French from abroad)
  • With the Netherlands , vote very Net against the treaty at the time of an advisory referendum, on June 1st 2005 - it was about the first referendum ever organized in the Netherlands:
For (“voor”): 38,4% (2 940.730 voters)
Against (“tegen”): 61,6% (4 705.685 voters)
Rate of participation: 62,8% of the voters.
Rate of abstention: 37,2%.
  • 10/In Latvia , after some mistranslations, the ratification were fixed the April 19th, the Saeima ratified the treaty the June 2nd 2005, just after the French and Dutch negative referendums. On 100 deputies, 71 voted in favor, 5 against and 6 abstained from, the final translation should follow.
  • In Great Britain, the Foreign Minister Jack Straw announces the suspension of the referendum on the constitution in its country the June 6th;
  • the Czech Republic, after its president, minority the Parliament, asked to suspend the process of ratification the June 7th 2005 (after double “not” French and Dutch, then the decision of the United Kingdom to suspend its process of ratification) decides to ask to continue the ratifications by signing a Joint Declaration with the others PECO (on June 10th, 2005).
  • Although the last European Council with Brussels, chaired by the Luxembourg, was appropriate of a pause in the process of ratification (the final declarations of the Council do not have however legal consequences), declarations various and contradictory were taken since. Luxembourg the Prime Minister, Jean-Claude Juncker, decided that the referendum of July 10th would be held with the date envisaged, Estonia decided to continue its parliamentary ratification while other countries decided to defer to later their parliamentary referendums or votes (Sweden, Denmark, Portugal in particular). In other countries no clear decision is still made.
  • 11/the June 30th 2005, with 18:30, the Parlement Unicaméral of Cyprus ratified the treaty with 30 votes for, 19 vote against and an abstention.
  • 12/the July 6th 2005, the Room of the representatives of Malta voted, unanimously and with applause, the ratification in its turn, becoming thus the 10th Member State to ratify the text.
  • 13/the Luxembourg voted “OJ” (yes) with 56,52% (109 494 votes) of the votes cast on July 10th, 2005, 13th State to be ratified (the Luxembourg Parliament ratified the results of the referendum at the end of 2005).
For: 56,52% (109 494 voters)
Against: 43,47% (84 221 voters)
White and null: 3,04% (5894 voters)
  • 14/the Belgium completed the procedure of ratification with the approval of the treaty by the Flemish Parlement on February 8th, 2006.
  • 15/In Estonia the Parliament ratified the treaty by on May 9th, 2006 (73 votes for and 1 vote against, not of abstention), the Estonian political principal parties being pronounced in favor of this project. Estonia becomes thus the 13th Member State to ratify the text.
  • 16/on May 13rd, 2006, the Finnish Parlement approved by 104 votes (24 against and 11 abstentions) a governmental report/ratio tending to ratify the treaty. The Finland ratified it on December 5th, 2006 and thus becomes the 14th State left with the treaty. 125 deputies decided for, and only 39 against. Let us note that the Finnish presidency of the European Union ended on December 31st, 2006. But according to a European source, Finland did not yet completely finish its procedure of approval, since the national parliamentary authorities voted for the text, but that the islands Åland, which profit from a statute of autonomy, did not vote yet.
  • 17 and 18/the Romania and the Bulgaria by integrating the European Union on January 1st, 2007 became parts with the Treaty.
To date, 16 countries finished the process of ratification of the treaty. This figure passes to 18 if it is considered that the signature of the treaty by the President in Germany and Slovakia is a stage necessary to the ratification but which could not in the long term call it into question.

These 18 countries (that is to say 2/3 of the Member States of the Union) are populated of 66% of the population of the Union.

These figures do not make it possible to appreciate the adhesion of the populations to this text since the ratifications were obtained either following a referendum (4 countries: Spain, Luxembourg, + Romania and Bulgaria) are by a parliamentary vote (14 other countries). The example of France east in this respect significant: 80% of the deputies were in favor of the ratification, which was however pushed back by 55% of the voices at the time of the referendum of May 29th, 2005.

State of the current locations of the Member States on the ratification

A precise, updated point and juridically rather exact can be consulted on. Nevertheless, the true ratification consists formally of the physical handing-over of a legal instrument (signed by the Head of the State or the government depending on the States) near the Italian government.

Country novel members

Bulgaria and Romania already ratified the treaty by ratifying their Treaty of Accession (coming into effect at January 1st 2007). See the I.2 article of this Treaty of Accession.

Article II.1 of the same treaty also returns them parts to the Treaty of Nice in the absence of complete ratification of the Constitutional treaty, which is the case.

Coming into effect

If it had been ratified by all the States signatories before the October 29th 2006 (25 instruments of ratification deposited with Rome), the constitutional treaty would have come into effect on November 1st, 2006. Failing this, this coming into effect will be made “ if necessary the first day of the second month following the deposit of the instrument of ratification of the State signatory which proceeds the last to this formality ” (article IV-447.2 of the treaty).

In addition, the last declaration on the treaty of the final Act (n° 30) specifies that “  so at the conclusion of a two years deadline after October 29th, 2006, the four fifths of the Member States ratified the aforementioned treaty and that one or more Member States encountered difficulties to carry out the aforementioned ratification, the European Council seizes question  ” . 4/5es, i.e. 20 States out of the 25 Member States signatories of the Treaty, in addition to Bulgaria and Romania, considered retroactively as signatories (of which adhesion at January 1st, 2007 this proportion modifies). However, at January 1st 2007, 17 Member States ratified the treaty, 3 right now not having ratified it because of a referendum (France and Netherlands) or of a recourse not studied in front of the federal Constitutional court of Karlsruhe (Germany) and 7 front still to begin their procedure of ratification (the United Kingdom, Ireland, Sweden, Denmark, Czech Republic, Poland and Portugal).

The German chancelière, Angela Merkel, president in exercise of the European Union in first half of the year 2007, however declared on several occasions since the beginning of the year, that 18 Member States already ratified the treaty, which seems to also include Germany in this number, and “ which should be taken account of their opinion ”.

With Madrid, they are well besides the 18 Member States which consider to have ratified the treaty which met the January 26th 2007, with the abstract support of Ireland and Portugal. The countries called “not” (France and Netherlands) and the countries which seem hostile with the ratification (Czech Republic at the head) were not invited to this meeting to the more high level. The 18 countries declared: “to want to work on the basis it constitutional treaty to manage an agreement on a text which preserves its substance and its balances ” with the Member States which did not reject the ratification or which did not decide yet. The principle of a new text which must be written by an intergovernmental conference with the second half-year 2007 and which would be entitled modifying Traité (including one treated on the operation of the Union) and taking again the bases of the constitutional treaty was approved by the 27 Member States at the time of the European Council of the June 23rd 2007.

However, the new rules concerning the majority qualified within the European Council and of the Council (I-25 article) would have applied only as from the 1er November 2009, that is to say after the election of the European Parliament. The modification of the rules of nomination Members of the Commission was not as for it not to intervene before 2014, i.e. at the end of the mandate of the first Committee indicated after the possible ratification of the Constitutional treaty (I-26.5 article and 6). For lack of this ratification, it is the Treaty of Nice which will continue to apply.

The text of the treaty

See also: Principal changes between the Treaty of Rome of 2004 and the treaty of Nice

The text comprises 448 articles, divided into four parts, preceded by a preamble.

The text is written in the twenty official languages of the Union like in Irish (Article IV-448 (1)). Versions of the treaty in Rumanian Bulgare, and Turkish were also established taking into consideration statute, for these three countries, of observers during the drafting of the treaty. They are taken only since the Treaties of Accession (signed the April 25th 2005 for the Bulgaria and the Romania) were ratified and came into effect on January 1st, 2007. It is not yet the case of the Turkish version (the négocations of adhesion hardly started). The other applicant countries, the Croatia and the Macedonia, did not profit from the same treatment, the Croats having signed only one declaration annexed to the treaty, as observant country, and the official statute of the candidate Macedonian had not been examined yet by the Commission.

Chronology of the European Union

Internal bonds

External bonds

  • with format HTML, with appendices, declarations and protocols
  • Draft treaty establishing a Constitution for Europe of Convention * (format pdf)
  • information of the French Senate relating to the European constitution. One finds there in particular the Comparison with the treaties in force which makes it possible to have an good idea of the impact of the European constitution with for each article of the constitution a comment emphasizing the modifications possibly made compared to the former texts.
  • the text (consolidated) of the Treaty establishing the European Community (TCE).
  • the text (consolidated) of the Treaty on the European Union (KEEP SILENT).
  • Treated establishing a Constitution for Europe (Rome, October 29th, 2004) European NAvigator
  • Treated establishing a Constitution for Europe

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