Democrat - July 2007 (Number 103)

Disguising the EU Constitution

The European Union would obtain legal personality and distinct corporate existence for the first time - which is necessary for it to act as a State - as clearly set out in paragraph 1.2 of Annexe 1 of the German Presidency Conclusions. This lays down the "IGC Mandate" for the conference to draw up the revised constitutional treaty, although the words "constitution" and "constitutional" are to be avoided.

The Presidency conclusions make clear that the revised EU Constitution will take the form of amendments to the two existing European Treaties, that is the "Treaty on European Union" (TEU) and the "Treaty Establishing the European Community" (TEC), rather than - as envisaged by the "Treaty Establishing a Constitution for Europe" - be based on a treaty which would repeal the two existing EU and EC treaties entirely and replace them by a new treaty explicitly adopting an EU Constitution and establishing a new Union on the basis of that.

The constitutional basis of the new European Union State is now to be by means of amendment and renaming of the two existing treaties, the TEU and TEC, while the content of the changes proposed will be virtually identical with the content of the "Treaty Establishing a Constitution for Europe" rejected by the French and Dutch voters in 2005. The new EU Constitution is therefore to be adopted implicitly rather than explicitly, with the reality of what is happening being disguised as far as possible from the peoples and citizens of Europe, who are to be denied referendums on it.

I.2 of Annexe I is the relevant paragraph relating to the establishment of the new European Union with the constitutional character of Statehood. In addition, paragraph 16 of the IGC Mandate states that in the final provisions of the amended Treaty on European Union: "There will in particular be an Article on the legal personality of the Union ..." These are the key steps which would give the EU the constitutional form of a State under the revised constitutional treaty, as against the abandoned 'Treaty Establishing a Constitution for Europe'. The latter envisaged the two existing European treaties, TEU and TEC, being entirely repealed and replaced by the latter treaty-cum-constitution. In both cases a new EU is established with its own legal personality for the first time, so that it can act as a State internationally and domestically and take over the powers and institutions of the existing European Community.