Constitution plan leaked from Giscard advisers

From: Marc-Oliver Pahl (
Date: Fri Jun 14 2002 - 15:45:34 CEST

Liebe Kolleginnen und Kollegen,

gestern ist eine Verfassungsgliederung des Konventssekretariats
bekanntgeworeden (s. nachfolgender Artikel des EU-Oberservers).

Die Gliederung wurde gestern auch im
Parlamentarischen Forum Europäische Verfassung im Bundestag
vom stellv. Konventsmitglied Peter Altmaier MdB verteilt.
(Sie wird sicher auch bald auf der Website des Konvents zu finde

Die Gliederung sieht sehr interessant aus, eben ein Bauplan für
eine wirkliche Verfassung. Wollen wir hoffen, dass sich
diese Konzept durchsetzt und auch mit den nötigen Details
gefüllt wird.

Beste Grüße aus Berlin

Marc-Oliver Pahl

Constitution plan leaked from Giscard advisers

The group of advisers to the president of the Convention on EU future Valéry
Giscard d’Estaing plans a basic treaty in eleven parts to govern the
reformed European Union. A leaked project drafted by the Convention’s
secretariat shows Mr Giscard’s entourage plans either a basic treaty to be
added to the present treaties or a unique basic treaty with the present
technical treaty aspects added as annexed protocols.

The basic Treaty planned by Mr Giscard’s advisers would set out the
objectives of the European Union, the objectives and fundamental principles,
division of powers between the EU and the member states, European
citizenship, institutional set up, decision making procedures, financial and
budgetary set up, provisions for closer cooperation and conclusion of
agreements between the EU and third countries.

Mr Giscard has already indicated that the Convention would not have the time
to produce a unique treaty, and the solution of a basic treaty to be added
to present treaties seems to be his favourite option. The first project for
the future EU basic treaty, which would be in essence a European
constitution, was drafted at the beginning of June, although Mr Giscard
claimed the time was not ripe for writing, as the Convention is still in the
listening phase.

Eleven parts
Under the title 'objectives and fundamental principles of the Union', the
Charter of Fundamental rights would be incorporated into the Treaty. The
chapter would set out the Union's objectives and the rules allowing the
suspension of member states on grounds of serious violation of fundamental

Chapter three on competencies would state that the power in the Union is
retained by EU countries, unless it is explicitly attributed to the EU.

Chapter four would define the European citizenship and the European
citizens' rights, including freedom of movement and stay, the right to vote
and stand in elections for the European Parliament and in local elections,
diplomatic protection, and the right to address petitions to the European

Chapter five, on institutions, would set out a unique institutional
framework for all European communities, would define the role of the
European Council (gathering of EU heads of state), define the genuine
European institutions and the committees and organs. In the chapter,
institutions to be mentioned would be the European Parliament, the European
Commission, the Council, the Court of Justice and the Court of Auditors.

A special chapter would define decision-making, including special provisions
for justice and home affairs, and for foreign and security policy. Under the
headline judicial control, the modalities of control by the European Court
of Justice would be set out, including over justice and home affairs and
foreign affairs, which are currently not in the court's jurisdiction.

Two options
The draft leaked from the Convention's secretariat indicates a first option
would be to make up a basic treaty which will be added to the present
treaties, while an alternative solution would be to create a unique treaty,
whereby the technical elements currently comprised in the Treaties would be
added in Protocols annexed to the treaty.

The Convention on the EU future is expected to draft a European constitution
and submit it for approval to the EU states in 2004. However, as the first
draft shows and president Giscard suggested several times, the constitution
would be called a basic treaty, in order to make it easier to swallow by
member states concerned about their loss of sovereignty.

Written by Daniela Spinant
Edited by Lisbeth Kirk

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