November 8, 2004: The European Union has agreed on a
constitution, but will it be approved by all 25 member states
in time to be implemented on schedule on January 1, 2007? The
political elite of the EU met in Rome on October 29, 2004 to
sign the agreement on the new constitution, which took place in
the same room where the original six member states got the ball
rolling in the first place by joining together to form the
European Economic Community.
Reaching agreement on the wording of the constitution was a
remarkable achievement, considering the wrangling over its text
in recent months. Those countries desiring a direct reference
to God in the preamble did not get their way. Instead, the new
EU constitution begins with the words: "Drawing on the
cultural, religious and humanistic traditions of Europe..." The
constitution also eliminates the unanimity provision for most
decisions by providing that resolutions will be binding if made
by at least 55 percent of the EU member states representing at
least 60 percent of the EU's total population. However, the
current single nation veto will still apply for decisions
involving taxation, foreign policy and security issues. Since
the constitution establishes for the first time an official EU
foreign minister, retaining the single nation veto right on
foreign policy will mean that the EU foreign minister can speak
authoritatively for the EU only when all member states agree on
a common policy.
What happens now? All 25 EU members must ratify the
constitution by the end of 2006 so it can take effect as
planned on January 1, 2007. National referendums are already
planned in at least 12 countries and are a possibility in
several others. The outcome of those referendums is by no means
a clear-cut case, especially in the United Kingdom, where
anti-EU sentiments tend to run high at times. The Danes did
reject the Maastricht treaty the first time around, as did the
Irish with the current treaty of Nice. Since all 25 EU members
have to ratify the constitution, what would happen if one or
more of them reject it? There are four likely scenarios for
that eventuality:
• Those countries that reject the treaty renounce their
EU membership or negotiate special membership status with the
rest of the EU.
• The currently valid treaty of Nice remains in effect,
and some of the changes contained in the constitution's wording
would be implemented a step below the level of a formal
agreement by treaty.
• Those countries that reject the constitution hold
another referendum or resubmit the constitution for
ratification to their respective parlaments.
• Those countries that ratify the constitution rescind
the current treaty of Nice and proceed among themselves with
the constitution as the basis for their relationship. This
would cause a schism within the EU.
Is a Democratic Dictatorship on the horizon
for Europe?