THE EUROPEAN CONSTITUTION

THE EUROPEAN CONSTITUTION A guide prepared by Proinsias De Rossa MEP and the International Affairs Committee of the Labour Party INTRODUCTION The proposed European Constitution is the outcome of hard fought compromises between sincerely held competing political convictions of the Left and Right in Europe. It was negotiated by a Convention of almost 200 democratically-elected parliamentarians representing 28 national parliaments (including Dail Eireann) and virtually all political persuasions between February 2002 and July 2003. It was subsequently modified and agreed by 25 Member States under the Irish Presidency in June 2004. It is a clear and simplified articulation of Europe s progressive values and objectives. It provides us with more democratic, efficient and transparent European decisionmaking procedures, narrowing considerably the democratic deficit. It gives us the tools to protect public services and defend Europe's social model. It enhances Europe's capacity to act globally in response to natural and man-made disasters. It is a Constitution for a Europe united after more than a century of conflict and division. SOCIALIST SUPPORT Socialists all across Europe have welcomed the proposed Constitution having contributed substantially to its content via the Convention process. The Party of European Socialists and its various national parties, including the Irish Labour Party, played a key role in ensuring that our vision for the future of Europe was incorporated to the extent possible in a consensus document. The inclusion of Enlightenment values embedded in Part I and the incorporation of the European Charter of Fundamental Rights in Part II are significant victories for the Left. If we compare the values, objectives and policies of the proposed European Constitution with those of our Party it will be seen that they reflect our political agenda to a very significant degree. VALUES: The Labour Party strives for the achievement of equality, social and economic justice, community solidarity and freedom. It seeks to have these values reflected in the laws and institutions of Ireland and in Ireland s relationship with the wider world - Labour Constitution. 1

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, nondiscrimination, tolerance, justice, solidarity and equality between women and men prevail - European Constitution INTERNATIONAL RELATIONS Labour s vision is of an Ireland contributing to the sustainable development of the earth, to solidarity and mutual respect among peoples, to the eradication of poverty and the protection of children s rights, the strict observance of internationally accepted legal commitments and peace between States. Labour supports the development of a democratic and social European Union through which our vision both for Ireland and for the wider world can be achieved - Labour Constitution "In its relations with the wider world, the Union shall uphold and promote its values and interests. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter - European Constitution. How important is the European Constitution? The Constitution s importance is three-fold 1 : First, it clearly specifies and limits the power of the EU institutions and lays down the basic law on how we, as Europeans, would govern ourselves at the European level; second, because of the uniquely democratic method of its preparation (i.e. the Convention); and third, because of its social, environmental and economic content. Putting in place a Constitution for Europe by way of a binding Treaty between sovereign states would be the most important European decision Irish citizens could make since joining the EEC over thirty years ago. This Constitution is not simply a tidying up exercise and no one should insult the intelligence of the Irish people by pretending that it is. For that reason Labour argues that a copy of it should be circulated immediately to every household in the country so that everyone has the opportunity to read it for themselves and judge for themselves the various debates. Since 1973, we have helped the Common Market evolve into a political entity which pools Member States sovereignty over areas of economic, social, monetary and foreign policy. Four European treaties 2 in less than 15 years have resulted in many undoubted European successes - rising environmental standards, greater equality between women and men, strong labour laws, anti-poverty and full employment strategies, the single market, the euro, as well as the recent accession of the eastern European countries to name but a few. 1 2 The full text of the Constitution is available at: http://europa.eu.int/constitution/constitution_en.htm The Single European Act (1987), Maastricht (1992), Amsterdam (1997) and Nice (2000) 2

But it had become increasingly obvious, particularly after the European Summit that produced the Nice Treaty in 2000 that the secretive method of revising Treaties was no longer acceptable if European citizens were to feel they were part of the process. Neither did this method produce results that would give rise to European responses to the common challenges facing us in an increasingly globalised world. Europe s institutional framework still needed to be overhauled - decision-making had to be made more democratic and brought closer to its citizens and Europe had to more effectively meet its responsibilities to the world, especially the developing world. The Convention on the Future of Europe In December 2001, convinced of the case made by the European Parliament, Member State Governments in the European Council agreed to establish a Convention on the Future of Europe. The purpose of the Convention was as set out in the Laeken Declaration. Convention members were asked to prepare a draft Constitution, if they so decided, to be finalized by an Inter-Governmental Conference of the Member States. The Convention was entrusted with four main tasks to make Europe more democratic and transparent, simplify the treaties, clarify the role of national parliaments, and bring Europe closer to its citizens. It is worth quoting an excerpt from the Laeken Declaration in order to give a flavor of the thinking of the then centre-left majority in the European Council at that time: Now that the Cold War is over and we are living in a globalised, yet also highly fragmented world, Europe needs to shoulder its responsibilities in the governance of globalisation. The role it has to play is that of a power resolutely doing battle against all violence, all terror and all fanaticism, but which also does not turn a blind eye to the world's heartrending injustices. In short, a power wanting to change the course of world affairs in such a way as to benefit not just the rich countries but also the poorest. A power seeking to set globalisation within a moral framework, in other words to anchor it in solidarity and sustainable development" Within 18 months the Convention succeeded in presenting a consensus-based text signed by almost all of the 200 participants. Only eight Convention participants (British and Danish Eurosceptics and the sole Irish Green member) signed an alternative text. That text argued for the abolition of the European Union and its replacement with a loose grouping of cooperating countries. A surefire recipe for the domination of Europe by the larger countries, and an end to the development of legally enforceable European labour and environmental standards. It would also render Europe, and by extension small countries like Ireland, incapable of responding to the undemocratic trends within globalisation. Is it a Constitution or a Treaty? In formal terms, the document is an international Treaty between the 25 Member States. Yet, by virtue of its nature and substance, this Constitutional Treaty clearly establishes a genuine Constitution. It defines the nature and limits to the actions which the EU may take and the values and principles which guide those actions; it lays down what institutions the EU will have, it outlines their decision making procedures; it stipulates what form its acts will take: it defines the rights of EU citizens vis-à-vis the EU: and it sets out the rules governing its own revision. And it protects citizens' rights by making the actions of the Union clearly accountable to the European Court of Justice (ECJ). 3

By improving democratic decision-making, simplifying and condensing the Treaties, and giving them a more readily comprehensible structure, a vital step has been taken towards making the whole process more transparent, understandable and enhancing its legitimacy. It can be argued of course that informally the EU already has a constitution - made up of the existing Treaties, the laws adopted by Ministers in Council and MEPs, and the case law of the European Court of Justice. A Constitution for a Superstate? Despite the fears voiced in some quarters and the deliberate misinformation from others, enacting the European Constitution does not create a European State, never mind a Superstate. The European Constitution provides explicit safeguards and protections against European action going too far. As at present, it confirms that the EU will only be free to deal with subjects laid down in its articles and these can only be changed with the unanimous agreement of all Member State (i.e. including a referendum in Ireland). Within these limited areas, EU legislation has to be approved by Ministers from each Member State and with the consent of a European Parliament majority. Under this Constitution, the main political issues of the day in Ireland - defence, policing, accident and emergency services, the treatment of carers, pensions, housing, tax, crime, school buildings etc - will still be settled in national elections to the national parliament. The central administration of the EU remains small - with just 24,000 employees, 7,000 of which are translators. Compare this with the USA which has a Federal payroll of 2.5 million civilians. In fact there are more federal parks' employees in the US than there are Brussels civil servants. Furthermore, the EU budget remains limited under EU law to less that 1.24% of Member States combined GDP. This is negligible and contrasts with the USA Federal Budget of 35% of GDP or the Irish Budget of 33% of GDP. In addition, the Union has no army, no police force, cannot levy tax, and cannot borrow money. Irish Identity in the Constitution Article I-5 states that the Union shall respect the national identities of its Member States, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including those for ensuring the territorial integrity of the state, and for maintaining law and order and safeguarding internal security. The new motto enshrined in the Constitution reads: United in diversity 3. No country has joined the EU to lose its identity, certainly not the new Member States. Irish people now have a stronger and more self-confident sense of identity since we joined the Union. The Irish language is recognized as a Treaty language and citizens have a right to correspond with EU institution in Irish, if they choose. The issue of enhancing the status of Irish and other European languages is currently under active consideration and would in no way be hindered by this Constitution. 3 Article I-8 lists the other symbols of the Union, its 12 star flag (devised by the Irish Chief Herald Gerald Slevin), its anthem (Beethoven s Ode to Joy), its currency (the euro), and Europe Day (9th May). 4

Does the European Constitution override the Irish Constitution? No. The European and the Irish Constitutions are complementary to each other. No article of the Irish Constitution is negated by the European Constitution. The European Constitution, like any legally binding international treaty, such as the UN Charter or the European Convention of Human Rights etc, would impinge on Irish law but only to the extent and in areas where the Union exercises powers conferred on it by its Member States. This has been the position since before Ireland joined in 1973 and the amendment to the Constitution that Irish voters approved in 1972 essentially confirms this point. What it means is that Governments are obliged to respect what they agree at EU level, whether that be to improve water quality or to reduce working hours. We should not forget that it was this primacy of EU law that forced the Irish Government to make retrospective welfare payments to Irish women who had been denied equal treatment under the Equality Directive. We should also ask who makes these European laws? Not, as popularly believed, the Commission - they issue the proposals - but Ministers from Ireland and other European countries together with the directly elected Members of the European Parliament (13 from Ireland). Our Government's position in European decision-making is now subject thanks to Labour Party initiatives to increased scrutiny by the Oireachtas. Under the European Constitution, the Oireachtas and other national parliaments would have the right to refer proposals back to the Commission if roughly one third of them state that they are contrary to the principle of subsidiarity (i.e. they believe the desired results would be better achieved by action at a national, regional or local level). The parameters of the subsidiarity principle are spelt out for the first time in a legally binding Protocol. A Constitution for a Federal Europe? In most continental countries 'federalism' means dealing with different types of policy making and law making at different levels of government (e.g. planning applications at the local level, educational curricula at national level and cross-border pollution at the trans-national level). It is mainly in Britain that federalism is thought to mean a centralized system. Properly defined federalism is the taking of decisions at the appropriate level, i.e. the principle of subsidiarity. Those who complain about a federal Europe are in effect objecting to binding decisions being taken at European level in areas where we have agreed to pool our sovereignty. It is predictable for old style nationalists like SF and the DUP - who live in a time-warp where the Battle of the Boyne is still disputed - to have those hang-ups but European Socialists on the other hand believe it is more important that we act effectively in a spirit of solidarity to hand our world on to the next generation in a habitable condition. The EU s Values, Principles and Objectives. The Article which opens the Constitution enshrines the dual legitimacy of the Union, reflecting the will of its citizens and the States of Europe. The Constitution places the emphasis on the individual, with rights and duties for those who are citizens of the Union by being a citizen of a Member State, and who, by virtue of that fact, enjoys additional rights afforded to them by European citizenship. Article I-1 sets out the founding principles: the Member States confer on the Union competences to attain objectives they have in common. 5

At the same time, the Union clearly undertakes to respect the equality, the fundamental structures and the essential state functions of Member States (Art. I-5). The values on which the entire European integration process is founded are respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of minorities. Alongside these values, the Union is founded on the principles which guide its action: pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men. These fundamental values represent the reference criteria governing future accessions and the basis for imposing sanctions on Member States which violate them (Art. I-2). Article I-3 commits the EU internally and externally to promoting peace, its values and the wellbeing of its peoples. The Union is committed to working for the: Sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement in the quality of the environment. It shall promote scientific and technological advance. It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity and protection of the rights of the child (Article I-3(3). These objectives make up the EU s basic political programme and it is incumbent on the Union to pursue these objectives using the competences conferred on it by the Member States in the Constitution. The values and principles thus represent the ethical foundation of the Union. Although these values, principles and objectives are not entirely new, some of them had never previously been clearly stated and had never previously been codified. They provide a clear answer to the question "what precisely is the Union for?" Public Services Article III-122 contains an important new provision concerning public services (services of general interest in EU terminology). These provide that (future) European laws will define the principles and conditions particularly economic and financial governing the operation of these services without prejudice to the competence of the Member States. This Article could be used to define and limit the application of competition and liberalization rules to such services. This Article is a response to the campaign by Socialists and trade unions across Europe to include a strong commitment to public services in the Constitution. A citizen's right to access public services is also included in the Part II (the Charter of Fundamental Rights) Social Europe The strong commitment to social Europe set out in the Articles on Europe s values and objectives is later reflected in Part III (sectoral policies). In what's known as the horizontal social clause, Article III-115 obliges the Union to ensure consistency between the different policies referred to in Part III, taking all of the Union s objectives into account and in accordance with the principle of conferring of powers. Furthermore, Article III-117 provides that in defining and implementing the policies and actions referred to, (in Part III) the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. 6

The text of this latter article was amended in the IGC based on text supplied by the European Anti-Poverty Network (EAPN) and is an important improvement on the original Convention text. The Charter of Fundamental Rights The ethical foundation of the Union is given practical form in the Charter of Fundamental Rights incorporated into Part II. The legal incorporation of this Charter has been a key Labour Party aim since the Charter was agreed in 2000. At the time it was resisted by Fianna Fail and the Progressive Democrats. Incorporation of the Charter is acknowledgement that the citizen is at the heart of the European integration process. As a result of its incorporation, the Charter has acquired binding legal force both on European institutions, acting in the framework of their respective competences, and on the Member States when implementing EU law. It thus offers additional safeguards to the citizen vis-à-vis the Union. Contrary to what some claim, the Charter does not impinge on the protection of fundamental rights guaranteed to citizens by their national constitutions. Neither does it covertly confer new competences on the Union. The Constitution clearly states that the Charter does not extend the field of application of Union law, does not establish any new power or task for the Union and does not modify the powers and tasks conferred on it by the Constitution. The protections offered relate to actions taken by the Union or by Member States implementing decisions of the Union A further step towards the protection of fundamental rights in the Constitution is taken by the stipulation that the European Union will seek accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are parties, as a result of having acquired a 'legal identity'. Further aspects of the Constitution that strengthen citizens rights include the Citizens Initiative (Article I-47, paragraph 4) which provides the opportunity for one million citizens from a number of Member States to petition the Commission within the framework of its powers to come forward with a proposal on matters where citizens feel a legal act of the Union is required. The Constitution and God Contrary to the misinformation circulated by some eurosceptics the Preamble to the Constitution does contain a generously phrased reference to the diverse religious and humanist heritage of Europe and the values this diversity has embedded in the life of European society. It has been alleged that "God has been removed from the European Constitution". This is quite simply untrue. This is so not least because the European Treaties up to now made no reference good, bad, or indifferent to anyone's particular religious belief. This is unsurprising given the history of European conflict around religion. Robert Schuman, one of the key architects of the European ideal and a deeply committed catholic, wrote that "Christianity is not, and should not be, linked to any political regime or associated with any particular form of government, even a democratic one. On this point, as elsewhere, it is essential to distinguish the domains of God and Caesar." The longstanding commitment of Socialists (and of all Member States) to work for tolerance, pluralism, the rights of religious believers and the separation of the religious and the political 7

spheres, is encapsulated in the Preamble, which states that "[Europeans)]...drawing inspiration from the cultural, religious and humanist inheritance of Europe have developed the universal values of the inviolable and inalienable rights of the human person, freedom, equality, and the rule of law. Furthermore, Part I guarantees open, transparent and regular dialogue between the European Commission and religious and humanist organisations while Part II, which contains the Charter of Rights for European citizens, guarantees freedom of thought, religious liberty, and religious education. Changes to the EU s Institutions One of the key questions the Constitution was required to resolve was that of the changes to be made to the Union s institutions in order to enable them to deal with enlargement. Radical institutional reform was needed to endow the Union with democratic, effective and transparent institutions, whilst maintaining the Community method - the right of the Commission to propose legislation, of the EP (representing citizens), and the Council (representing Member States) - to make legislation, and the Court of Justice to guarantee the application of EU decisions and the protection of citizens rights. The European Parliament - Closing the Democratic Deficit The Constitution substantially enhances the role of the European Parliament. Its role as colegislator with the Council of Ministers is fully recognized by means of the general application of the existing co-decision procedure. This puts into practice the fundamental idea of the twofold legitimacy of the EU as a Union of States and of Citizens. The EP's budgetary powers, which it shares with the Council, have been increased to cover almost all Union expenditure and its powers of political control are enhanced, particularly by means of its election of the Commission President. The EP acquires the right to initiate a Constitutional Convention for the revision of the Constitution. Any proposed revisions would of course have to be agreed unanimously by the Member States and ratified in accordance with the constitutional provisions of each Member State, (including by referendum in Ireland). The Council of Ministers - Representing the Member States In a Union where 25 Member States commit themselves to common objectives it does not make sense to give each a veto over measures striving towards those objectives. Qualified majority voting (QMV) encourages debate and compromise on common objectives. This is the main justification for qualified majority voting. Of course some areas are more sensitive than others. That is why the EU has only slowly moved from unanimity voting to qualified majority voting, starting with the Single European Act in 1987. The Constitution now extends qualified majority voting to 44 new areas. Apart from justice and home affairs issues (see below), most of these policy areas are of minor importance and are primarily concerned with the implementation of existing policies rather than the development of new ones. In addition the Council will meet in public when it is considering or voting on legislation - a further nail in the coffin of the democratic deficit. The Constitution also simplifies the measurement of qualified majority votes, while ensuring that no state can be isolated or their interests ignored. The new formula is 55% of Member States (at least 15), representing at least 65% of the EU s population. This replaces a complex vote- 8

weighting system which was impenetrable for most people. A blocking minority has to consist of at least four Member States representing more than 35% of the population. In considering these changes it should be borne in mind that voting within Council is generally not divisive as is often imagined votes are not that common and the Council rarely breaks down along large state/small state lines. Even so for some issues not requiring unanimity, a super QMV applies, when the support of 72% of States is needed, representing at least 65% of the population. European Council Giving Europe political impetus The regular meetings of EU Government leaders are known as the European Council. The principal change affecting the European Council is the replacement of the six month rotating presidency with a President elected by its members (i.e. national prime ministers) who will hold office for two and a half years (renewable once). The President holds no executive office and his or her main task will be to chair the European Council and prepare its work, together with the President of the Commission. The intention is provide greater continuity and follow-up to the European Council's actions and decisions. He or she will also represent the Union externally on matters to do with the Union s Foreign Policy, without prejudice to the role of the new Union Foreign Minister (see below). However, nearly all Chairs of sectoral Ministerial Councils (e.g. Environment, Employment and Social Affairs etc) would continue to rotate, on a basis yet to be decided but always ensuring equal treatment for all Member States. The exception is the Foreign Affairs Council which would be chaired by the European Foreign Affairs Minister. Currently all Councils are chaired by the Member State holding the six-month Presidency of the Union at any given time. If this system were to continue Ireland could expect the Presidency every 15 years or so. The Convention felt that the duration for Chairs of Ministerial Councils should be extended to 12 months, and that there should be a mix of Member States holding them at any given time. The Union's Minister for Foreign Affairs The new post of Union Minister for Foreign Affairs would conduct the Union's foreign and security policy. The position will be filled by the European Council with the agreement of the Commission President. He or she would act with unanimous decisions of Europe's Governments, and following consultation with the European Parliament. This new arrangement will ensure coherence and a more effective voice for Europe on matters of peace, world trade and poverty eradication. It should enable a more speedy and coherent European response to natural disasters such as the Tsunami or the man-made devastation in Africa. In addition, where a common EU position has been agreed, Member States that are either permanent or temporary members of the UN Security Council may request the Union Foreign Minister to present the Union s position at the UN. European Commission Protecting the common interest Each Member State will continue to nominate one Commissioner until 2014. From 2014, the number of Commissioners will be reduced to two-thirds the number of Members States, or another ratio to be decided unanimously by the European Council. The Commissioners will be chosen on the basis of equal rotation among the Member States. On the current proposals, each country will be represented in two out of every three Commission terms. A Declaration attached 9

to the Constitution calls on the Commission to take full account of the views of those Member States without a Commissioner. One of the more invidious proposals from opponents of the Constitution is that the Commission should be nationalized. Who then will have the legal responsibility to defend the common European interest say on environmental or labour matters? Simpler Legal Instruments The number of legal instruments the tools available to the Union to implement its policy decisions - will be reduced from 15 to six and these will have more easily understood names (e.g. 'European Law' replaces Regulation while 'European Framework Law' replaces 'Directive'). It is also provided that unless it is specifically excluded, all laws will be adopted under the ordinary legislative procedure - the co-decision procedure. A More Flexible Union The Constitution paves the way for a more flexible Union, offering various ways for sets of countries to work together more closely on policy initiatives. The current Treaties already offer the concept of enhanced cooperation but the conditions is so strict that these provisions have never been utilized. International Solidarity The Union s objectives in the field of external action are set out in Article III-292. Paragraph 1 of this Article states that The Union s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The concept of European security is addressed in a comprehensive way by committing the Union to the eradication of poverty, the protection of human rights, to free and fair trade, sustainable development of the planet, to rigorous compliance with international law and to the UN principles. Making the world not just a safer but also a better place is what this Constitution aims for. Under the Constitution, unanimity remains the general rule for decision-making in the area of Common Foreign and Security Policy (under the existing treaties, qualified majority voting is provided for in certain cases, e.g. the implementation of a decision already taken by unanimity). Qualified majority voting will now also apply when the Council is deciding on a proposal from the Union Minister for Foreign Affairs which he has put to it at the request of the European Council (acting unanimously). Furthermore any Member State can request that the vote be referred back to the European Council for unanimous decision. All decisions having military or defence implications will continue to be taken unanimously. A new provision enables the European Council to decide, by unanimity, to extend the use of qualified majority voting in the Common Foreign and Security Policy at a future date, though this may not apply to matters having military or defense implications. 10

The Constitution carries over some existing Treaty provisions in the area of security and defence. It introduces new arrangements providing for more intensive permanent structured cooperation between Member States that wish to take part in the most demanding missions. The Union will have operational capability to carry out the Petersburg Tasks, which have been updated, and to act outside the Union in accordance with the principles of the UN Charter. An EU Common Defence? Current Treaties already allow the possibility of a common defence. The Constitution states that the CFSP shall (existing Treaties say may ) include the progressive framing of a common Union defense policy which will lead to a Common Union defense when the European Council acting unanimously so decides. In other words, Ireland and every other Member State continues to have a veto. Furthermore, the long-standing reassurance that the Union s policy on a common defence shall not prejudice the specific character of the security and defence policy of certain Member States (e.g. military neutrals such as Ireland, Sweden, Finland, Austria, and also NATO members) remains. In other words, contrary to scaremongering by some eurosceptics, Ireland retains the right to continue with the traditional military neutrality approach to defence issues for as long it (and it alone) chooses. Solidarity Clause The proposed Constitution also states that in the event of a Member State being the victim of armed aggression on its territories (or natural or man-made disasters), the other Member States shall assist them in accordance with Article 51 of the UN Charter. It is further specified that this provision shall again not prejudice the specific character of the security and defence policy of Member States. Where the response has defence implications unanimity will apply and Member States may also abstain and exclude themselves from participation. Development Cooperation The Constitution consolidates existing arrangements for development cooperation but defines its primary objective more sharply as the reduction and in the long term the eradication of poverty. The development of a European Voluntary Humanitarian Aid Corps is also envisaged. Reform of EURATOM The Euratom Treaty, in existence since 1957, aims to promote nuclear energy. Some pro-nuclear member states initially proposed to incorporate it unamended into the Constitution. This was strongly resisted by a coalition of Socialists and Greens in the Convention. Since no consensus was reached on any substantive changes to EURATOM, the Convention and subsequently the Inter-Governmental Conference recommended that only amendments such as institutional and financial arrangements would be included in a Protocol dealing with the Euratom Treaty. A number of Member States including Ireland added a Declaration noting that the Euratom Treaty needs to be revised. Protocols and Declarations 11

All Protocols (i.e. legally binding) and Declarations (not-binding) previously annexed to the Treaties have been carried forward into the Constitution. Previous Protocols and Declarations negotiated by Ireland such as the Abortion Protocol therefore continue in effect. There are new additions such as the Protocols on the rights of National Parliaments and on Subsidiarity, and the Declarations against domestic violence and the need for Euratom reform (see above). CONCLUSION This is not an exhaustive analysis of the proposed Constitution, but it is clear from the above that what we have achieved is a significant victory for European citizens and in particular for the left in Ireland and Europe. Its potential however can only be realized on the basis of campaigning in the first place for its approval, and in the second place for it to become the basis of our political life at home and in Europe at large. It provides the Irish people, for whom Europe is no longer out there, but is an intrinsic part of our daily political, economic and social lives, with a solid basis for the continuing development of the democratic European social model. In addition if we view the constitution as a platform for political action and as work in progress it could be the basis for a unique experiment in democratic, global power sharing, which puts the interest of common humanity first. January 2005 12