The five essentials for a European Constitution

The Federal Committee of JEF Europe welcomes the work of the Convention and its clear objective to draft a European Constitution. The first results of the working groups show the clear determination of most Convention members to make the Union more democratic and more efficient.

JEF-Europe also welcomes the numerous proposals for a European Constitution which have been published recently. These proposals show that a majority of politicians and academics are in favour of a European Constitution, while Euro barometer surveys indicate general public support for the idea. The crucial question for the Convention is not whether we want to achieve a European Constitution, but what this Constitution should contain.

By putting forward five essentials for a European Constitution, JEF Europe is encouraging the Convention to produce a strong European Constitution. Following these essentials we can make sure that Europe will be understood by its citizens, that Europe will take up a stronger role in solving global problems, while at the same time respecting the diversity of the cultures and traditions in Europe.

The citizens of Europe as well as the political institutions in Europe and the national states need to be aware of the most important values and key principles of the Union. A European Constitution has to include a chapter on European democracy which explains how the institutions of the European Union work. In order to be understandable for the citizens, a European Constitution needs an understandable division of competences. Fifth, the European Constitution requires simple procedures, so the citizens are able to follow how legislation is decided in the European Union.

1. European Values

More than fifty years ago the project of European unification was started in order to guarantee peace in Europe and to overcome the destruction caused by two World Wars. Since the beginning, the European Communities and the European Union have built on the values of its people: democracy, peace, solidarity, freedom, equality, the dignity of mankind, respect of human rights and respect for the rule of law, social justice, and sustainability.

The work of the Union must be based on the interests of its citizens, respecting different cultures, languages and traditions in Europe, in accordance with the principles of subsidiarity and proportionality. The Charter of Fundamental Rights, which must be at the heart of the European Constitution.

In its work, the European union has to set the following objectives: to work for peace, respect of democracy and human rights, economical and social progress in Europe and the world; to build up a space of freedom, security and justice; to build up a free-market including free movements of people, of services, goods and capital; to build up an economical, social and environmental sustainable society; to secure the equality of the inhabitants of Europe.

2. European Principles

To include the provisions of all relevant treaties would mean a constitution of several hundred articles. The European Constitution should be easy understandable, but still precise, and contain a preamble, the Charter of Fundamental Rights, basic provisions (such as principles and objectives of the Union, membership of the Union), responsibilities of the Union, legal procedures in the Union (how the legislation is decided and what kind of legal instruments exists), and the institutional framework. All additional provisions about politics of the union, the procedures and additional regulations should be stated by simple law.

The constitution should be able to be altered on the initiative of the Parliament, the Council or the Commission. A two-third majority vote of Parliament and Council would be needed to make changes to the constitution or to convene a convention to prepare major constitutional changes.

The European Constitution must state the key principles of the functioning of the Union:
- The European Union consist of its citizens and its member-states;
- Every citizen of a member state is also citizen of the Union. Other persons who reside legally in a Member State of the Union shall in general have the same rights as Union citizens.
- European Union law should have primacy over Member States’ laws
- The Union should have a single legal personality;
- After completed negotiations, every European state that respects the principles, values and goals of the union, can join the European Union. The accession of new member states requires the approval of the European Parliament and national parliaments.
- The Union needs its own budget and own financial resources: this means independent tax-raising powers for the Union. The European Parliament must have full budgetary powers;
- Todays’ European party-families should be transformed into true European political Parties.

3. European Institutions

In order to guarantee a democratic, transparent and efficient European Union, a fundamental reform of the EU institutions must take place, including a clear separation between the legislative and the executive of the Union.

The European Parliament represents the citizens of the Union. Together with the Council, the European Parliament should hold the legislative power of the Union, and should be responsible for all legislative procedures as well controlling the budget of the European Union. The European Parliament should elect the president of the European Commission. Parties must put forward their candidate for this post prior to European Parliament elections. The European Parliament will be responsible for holding the executive to account and shall have the power to scrutinise the work of Commissioners and dismiss them if necessary. At least ten percent of the members of the European Parliament should be elected on Europe-wide lists.

The Council represents the interests of the member states and should act only as a legislature, with executive functions passing to the Commission. In order to represent the variety of the member states, a form of rotating presidency should be maintained. Decisions made in the council should be prepared by sectoral councils. These consist of the respective sectoral ministers of the member states. Decisions should be done by double majority, meaning the majority of states and the majority of the population. All Council meetings should be open to the public and all documents made publicly available.
The European Commission should become the true executive of the European Union, including the area of foreign, security and defence policy; should be responsible for defining the general interest of the European Union and for ensuring the implementation of EU policies. The Commission President, elected by the European Parliament, shall choose his/her commissioners. The entire Commission has to ratified by the European Parliament. The Commission, the European Parliament and the Council shall have the right of initiative.

The European Court of Justice should be the highest court of the European Union. Every citizen should have the right to present a case in the European Court of Justice

4. Understandable Competences Division

JEF-Europe stresses that the division of competences of the European Union must be based on the principle of subsidiarity and the principle of proportionality. Decisions have to be prepared and decided on the level which is closest to the citizens and which is best able to solve a problem. Only if the goals of the planned measure cannot be achieved at national level or a lower level of governance should the Union take action.

In order to be easy understandable but still precise, there should be three different competences categories that the different fields of politics are assigned to: exclusive EU competences, shared competences between the EU and Member States, and complementary competences. In those policy fields where the Union has complementary competences, EU institutions will limit themselves to supporting and supplementing national policies. All fields of politics which are not assigned to one of the three competence categories will remain the competence of the member states.

5. Simple procedures

All legislation should be decided upon by the European Parliament and the Council acting together. Laws will only be passed if both chambers will agree on the proposed text. All legislative procedures should be open to public, with all documentation published on the internet.

Today’s instruments, which number over 30, should be reduced to four different sorts of legislation:
a) Union law, which is binding for all EU-institutions, national institutions and the citizens of Europe and does not need to be transformed into national law in order to come into effect;
b) Union framework law, which is a binding framework in which the member states have a certain freedom to issue national laws;
c) Regulations are implementation rules relating to the laws and framework laws and addressed to the member states and union citizens, they are enacted by the European Commission;

Major constitutional changes should be put to the people through a Europe-wide referendum, pursuant to the Resolution EP 01, adopted at the Federal Committee in October 2002 in Helsingor.

For more information, see the JEF website at www.jef-europe.net.