A
Constitution for the Citizens of Europe
" The Union
must become more democratic, more transparent and more
efficient." The demand for a strengthening of democracy
within the European Union was at the center of the
debate that the Heads of State and Government had at the Convention on the future of Europe and
the Intergovernmental Conference. The debate ended in an
agreement on the Constitution at the European Council on
the 17th and 18th of June 2004.
The Constitution
marks a true democratic
progress since it helps ensure,
for the very first time in the history of
the construction of Europe, that the foundation of the
European Union's legitimacy will be sought in the
consensus of the citizens themselves.
European citizens' fundamental rights
The
assertion of the Union's values (respect of human
dignity, freedom, democracy, equality etc…) shows that
citizens' rights are a priority. Remarkable examples of
these rights are those guaranteed to women and
minorities.
The Charter
of fundamental rights is integrated into the
Constitution, granting it an obligatory legal power that
it did not possess in the past.
The
Constitution establishes that the Union accepts
provisions made by the European Convention for the
Protection of Human Rights and Fundamental Freedom,
reinforcing European citizens' fundamental rights.
Representing
the citizens
The
strengthening of democratic representation comprises a
key element in democratising the Union.
The power
held by the European Parliament will be extended:
In the
legislative domain:
European Parliament's power will be extended to forty
new areas.
European Parliament therefore becomes a true legislator
in tandem with the Council of Ministers that represents
the Union's Member States. For example, the European
Union's power to legislate will extend to
monitoring
movement across
borders, governing the reception and treatment of
asylum seekers,
as well as
controlling
immigration. We should also note that the new
responsibilities
granted to the Union are all subject to a procedure of
co-decision with the
European Parliament.
The European Parliament will exercise leadership in the
following domains:
- sports
(encouragement and promotional programs)
- civil
protection
- intellectual
property (i.e.
the adoption of a community patent)
- space
(research and university partnership program(s))
- administrative
co-operation (training
program
for civil servants)
- measures
necessary for the use of the euro
- financial
sanctions against people or criminal groups (freezing of
assets of terrorist groups)
- energy
(the security of the provision of energy and
energy conservation
programs)
In the budgetary domain:
The European Parliament
has been granted equal governing powers to that of the
Council of Ministers, notably in the adoption of the
entire annual draft budget. However, it should be noted
that the Council presently has the final word governing
“obligatory expenses” that represent an important portion
of the European budget, including the agricultural
budget.
In terms of political control
:
The European Parliament will elect the
President of the Commission after consultation with the
European Council, that analyses the European ballots.
This process leads to a politicization of the European
elections, allowing European citizens to influence the
course of European politics.
Citizen
involvement
In order to involve citizens more closely
in
decision-making
in Europe, the Constitution introduces, in a unique
manner, elements that promote citizen involvement in the
Union's democratic life.
Firstly,
it creates the right to popular initiative whereby
European citizens will be able, thanks to a petition of
a million signatures, to ask the Commission to put
forward a law draft.
Secondly,
it acknowledges the importance of dialogue between
citizens through civil society associations and the
institutions of the Union, particularly the Commission,
thereby
granting greater civil
representation in the decision-making process.
In the social domain,
dialogue is maintained by the acknowledgement of various
means of consultation, notably the tripartite social
summit between European Social Partners and the Union.
European
Citizenship
These
liberties grant the
people with
European citizenship, which "is in addition to national
citizenship and does not replace it."
As far as the European Constitution is
concerned,
the issue focuses on a new stage in the definition of
European citizenship, a central point in the creation of
European democracy.
In fact,
the European Constitution establishes the European Union
as a union of citizens and States.
This
Union is open to all European States that
respect its values and commit themselves to promoting
them together. This means that European citizenship
primarily signifies the acceptance of common values.
Beyond
these values,
the European Constitution also
adds another dimension to
European citizenship by guaranteeing an improved
representation of European citizens and by creating new
opportunities for democratic involvement.
Hence,
the Constitution clarifies the rights
that result from citizenship of the Union: free
movement, the right to residence,
the right to vote,
eligibility
to be elected to the
European Parliament,
the right to
vote in local elections,
the right to diplomatic and consular protection,
the right to petition the European Parliament, and the
right to address the Ombudsman and to write to
and receive a response from
the institutions in one of the Union languages.
Additionally,
Union citizens' rights are also quoted in
a specific chapter of the Constitution dedicated to
"democratic life in the Union."
This
means the opportunity to express and exchange one's
opinion in all areas of Union activity
and
the right to access documents from Union
institutions.
©
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