The summit about the Uniform Constitution
the Idea of the constitutional unity of Europe never before did not rise so highly. It present attempt also differs from two previous.
the First attempt has had for time of existence of the European economic community (EUROPEAN ECONOMIC COMMUNITY) born by the Roman contract of 1957, and the second - already for the period of the European union (EU) which has accepted this name after the Maastricht contract of 1992.
the Community has begun with integration of six countries and has finished their number to twelve. The union has continued: today in it fifteen countries, by the spring will be twenty five. The community has given life to the Customs union, the uniform agricultural policy, a common market and collective regulation of economy, has founded the European advice of heads of the states and the governments, has organised general election of deputies of the European parliament, free movement of citizens within the Schengen zone, has begun uniform foreign policy of the countries. The union has continued: the uniform market, uniform European space, free movement of persons, the goods, capitals and services, uniform European currency, the uniform policy in the field of foreign policy, disarmament and defence... Having begun with the economic union, Europe has moved to political, typing more and more signs confederative and even the federal device.
In dispute the true is born?
the Idea of the general European constitution should occur. However in the last century it had no prospects. Why? Yes it is very simple: “ uniform Europe “ - name it though community though the union though confederation, yes though even by federation - has initially been conceived as a bureaucratic superstructure over the states which only is not enough now - pomalu drifts from an absolutism to authoritarianism. To be convinced of it, it is enough to look at a classical trio of the authorities.
the Executive branch is presented by Ministerial council and the European commission. Above on a vertical - still the European advice but as it functions only three times a year when meet all “ the first persons “ it is difficult even to qualify, working it is body or smart. The centre of the European power is concentrated, undoubtedly, in Sovmine. Here all central decisions of allied life and even allied laws as the EuroParliament while is deprived the legislative initiative are made. Other business the European commission - here it also is the government of Europe, only its ministers are called as commissioners.
After technocrats necessity of the constitutional reform of the European structures was gradually realised also by politicians. The Minister for Foreign Affairs of Germany Joshka Fisher has started talking about it from a Bundestag tribune. The subject was supported by the president of France Jacque Chirac. Sensation that Europe has blossomed for the constitution, became universal. Here in what atmosphere the decision to call Convent about the future of Europe two years ago was accepted, having invited and ten new members who here - here will step over its allied threshold.
Frenchmen and Germans, for example, are assured that integration of the European countries will inevitably lead to a birth of federal Europe, and in such spirit the first article of the constitution has already been written. But England has risen as a rock. It was necessary to delete.
the Old and most disputed question of the European integration: how to combine interests of the large, average and small countries? In Germany - 82,5 million inhabitants, in France, Italy, - on 60, in Spain and Poland - on 40, in Luxembourg - 450 000, and on Malta which will appear tomorrow as a part of EU, and that it is less than England - 340 000. Still anybody also had not to build the interstate union with such differences in population anywhere.
last days 2000 the summit in Nice has gathered to think, by what rules to live to the union of 25 states. New quotas in the spirit of “ the counterbalanced representation “ have considerably warped a political landscape. Six most occupied countries of the European union (Germany, France, Italy, England, Spain, Poland) in which there live 74 percent of the population, have in EU Ministerial council only 53 percent of votes. Thus at the first four of the countries - on 29 voices, and at Spain and Poland - on 27, despite 20 - a million difference in population. Well and how with such different oars to float in one boat?
it is clear that crisis in Convent was not to pass. It has burst one week prior to the termination of its work. At the initiative of Poland 18 countries from 28 have formed “ conservative front “ for preservation “ an order of Nitstsy “ that meant “ is not present “ constitutions. Here this front from the West on the east: England, Denmark, Ireland, Spain, Portugal, Austria, Sweden, Finland, Cyprus, Malta, Poland, Czechia, Romania, Latvia, Lithuania, Estonia, Slovakia, Slovenia. In other camp of banners was less: Germany, France, Italy, the Benelux countries, Greece, Hungary, Bulgaria, Turkey.
That in the project?
As the constitution from which Europe hoped as a result looks to begin 2004 of the history?
decision-making System. In Europe fifteen still it was possible to make decisions a consensus, in Europe twenty five the rule " should operate; the double majority “. It means that any European law can be accepted only in the event that for it will be voiced not less half of countries in which territory live at least 60 percent of the population. But the same rule can easily turn and in “ the double lock “: Any country irrespective of the sizes has the right to block the decision undesirable to it.
New political figures. the European union will have a president selected from own circle operating heads of the states. But also here comes into force “ the double majority “: in Europe twenty five for election of the president there is enough support of heads of 17 countries, but only in the event that “ behind them “ - the three fifth population of Europe. The president of EU should leave the former fast to concentrate exclusively on the European policy. Term of presidential powers - 2,5 years, is possible one repeated mandate. With the advent of this political figure rotation of the countries, by turns chairmen in EU will be cancelled.
One more new figure - the Minister for Foreign Affairs of Europe in the rank of the deputy the chairman of the European commission. The president will be selected on the same system, as.
the European commission. the Constitution provides to save in the government of Europe only 15 commissioners with the casting vote right, other countries can send commissioners - observers. Thus proxy commissioners are selected on rotation from all EU Member States for the four-year period of work of the commission.
the European parliament. Under the constitution it too will get legislative functions along with Sovminom of EU. The nominee of the chairman of the European commission is offered by heads of the states and the governments, but confirms parliament the qualified majority of deputy hands. The parliament has the right to take out a commission vote of no confidence. The sphere of parliamentary control considerably extends. To the smallest countries of Europe four deputy places are guaranteed at least.
the European court. It is a unique branch of the power on which the principle " does not extend; The double majority “. As interpretation and application of positions of the Organic law demand the equal approach from EU Member States, all of them possess the right of equal representation in the European court.
In final heads of the constitution of EU it is a question of the right of member countries to a voluntary exit from the union, and also about the union right to exclude from the numbers the countries which are not carrying out the allied obligations.
Europe two axes?
Coincided on time military campaign of the USA in Iraq and the constitutional debate in Europe, according to the deputy of EuroParliament from “ green Europe “ Daniel Kon - Bendita, have poured out in “ fight for the European leadership: English - the Spanish axis against ex - the German axis “. “ to Old Europe “ it was necessary to reflect: so with whom “ new Europe “ Which it even before the constitutional check on cleanliness of thoughts was obliged to accept in the numbers? What it is possible to oppose to powerful American intervention in allied European affairs which was showed from such unexpected side? After all it is already obvious that this split can become pernicious for all European design.
And here the answer. Paris and Berlin have declared that will finish the European constitutional process and invite to it all who will wish to join an alliance. Unequivocally readiness for it was expressed by all three Benelux countries and, seemingly, Italy, not allowed to cut to pieces the Convent constitution on “ historical “ EU summit in December.
So, again six together - and all at first? Only instead of the Roman contract of 1957 now Parizhsko - the Berlin contract leaning against the European constitution of 2003 can become an alliance basis.
In these two debuts, almost on half a century otstojashchih from each other, there is a lot of a similar. Ex - the German motor always set rate to the European association. After war by its main task was to minister to reconciliation of two people, that is why almost forty years it worked on the basis of strict parity. France and Germany, and after them also Italy and Great Britain as the countries with approximately equal population, had absolutely equal representation in all authorities of EU.
And here - sharp crisis in relations of two countries against the European constitution. Recognising demographic factor of political decisions, Paris has openly agreed that 20 - million overweight in the population grants Germany the right to a key role in the European union.
In the heart of Europe there is really a tectonic shift. “ ex - the German union “ is born in reply to “ English - Spanish - the Polish axis “ The American policy in Europe. Paris and Berlin have declared that the accelerated integration of two countries becomes their answer to a failure of the European constitution.
the Right to a popular initiative?
Meanwhile the one and only law on light - the Basic - cannot be born or cannot find force without participation of weights. The American constitution not casually begins the well-known words: “ We, the People... “ However, accept it could only after the North and the South have agreed to consider one slave for the three fifth person.
Europeans have written the first constitution with “ delay “ in 216 years. Could not earlier. In a context of the European history “ the three fifth person “ other means absolutely, than in the American history, but these difficulties in any way it is less. The European union not self-founded state, and vneshneuchrezhdennyj the union of the states where not citizens, and external founders, member countries were a power source till now. That is why the Bruxelles nest of Ministerial council of EU where ministers of the national governments only fly, remains on the first roles, and the parliament selected citizens, - on the second. It would Seem, than that is easier: to accept the constitution and to pass in a stage “ self-determination “. But in that is continually, what in this case the confederation will be replaced by federation, and a leah easily to accept it to 25 nations speaking in 40 languages? The constitutional column not a tree, at it is not present roots. More shortly also today there are no European people - a power source without which not to construct Europe.
But process has gone. Those who has dropped a column, at all have not understood that the tree now will necessarily grow. Only, of course, not at once the big.