LETTERS TO THE EDITOR

on Philippe de Schoutheete's "Scenarios for escaping the constitutional impasse"

Autumn 2006
Sir,
The EU’s constitutional treaty is not “near dead” and is not going to die. On that, I completely agree with Philippe de Schoutheete´s article . It is true that the rejection of the constitution by referendums in France and the Netherlands have provoked a crisis of confidence in the project, but no one really calls into question the substance and the necessity of the constitution itself.
 
The question is what we can do to overcome the so-called constitutional crisis. Re-drafting the treaty comprehensively so as to make it more palatable is no option. There is at present no desire in any EU country to start from scratch. It is the last thing the European Union needs. Dismantling the existing treaty is also no solution, for several reasons. First, it means ignoring the vote of the 15 EU nations that have already ratified the constitutional treaty. Second, simply implementing certain elements of the constitution without changing the legal framework would make the EU even more complex. If we begin to pick cherries the treaty will fall apart. It constitutes a whole and represents a good compromise.
 
We need the European constitutional treaty because it responds to the challenge of enlargement. It provides a blueprint for a more dynamic and effective European Union, and clarifies the nature of the EU and the extent of its powers and its relationship with its member states. The constitution seriously increases the influence of member states' national parliaments as they would be entitled to scrutinise proposed EU laws and even object if they feel a proposal oversteps the boundary of the Union's agreed areas of responsibility. If the Commission wished to ignore such an objection, it would be forced to submit an explanation to the parliament concerned and to the Council of Ministers. But the power of the European Parliament would also increase. It would acquire equal legislative power under the co-decision procedure with the Council in virtually all areas of policy. As a result the perceived democratic deficit could be reduced.
 
However, the voters of two founding member states have rejected the treaty establishing a constitution for Europe, and this point cannot be neglected. But I am convinced that we still need a period of reflection and Philippe de Schoutheete is right; we need more time in which to place renewed emphasis on the fact that the European Community is an absolute necessity. We have to do more to counteract the scepticism many Europeans have regarding the EU. To echo the words of Luxembourg’s Prime Minister, Jean-Claude Juncker, “Europe must make people dream again”.

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