Academic journal article International Journal of Communication Research

The Treaty Establishing a Constitution for Europe - the European Constitution

Academic journal article International Journal of Communication Research

The Treaty Establishing a Constitution for Europe - the European Constitution

Article excerpt


Community law represents the unit of the legal rules recording the structures, the role and the functions of the European institutions as well as their connections with the national institutions in achieving progress and development of all the peoples of the European continent.

The Community law is characterized by the following:

- a distinct branch of the autonomic legal system, that relates to other branches of law

- the community law is closely related to the international law, the administrative law or the electoral law

- has its own institutions; a subject and a specific regulatory objective (The European Union institutions)

- represents the connection between the law and the international law

- it is a relatively new branch of the law, it began to take shape with the emergence of the idea of the European Union (1950-1960)

- the idea of the European Union underlying the Community law that includes: a socioeconomic, political and juridical harmonisation.

The long process of the European Union's formation has been quite difficult1, having periods of stagnation and even deep crisis, especially political ones. From the six signatory states of the three founding treaties - France, Germany, Italy, Belgium, Holland, Luxemburg - the European Communities have gradually came to 9,12,15,and finally to 27 Member States on the 1st of January 2007 and have set targets for accepting new states and achieving the objectives - first the economic and then the political ones. The revision of the Community Treaties was imposed, especially the institutional system reform. Under these terms the following were adopted one at a time: the Single European Act (SEA), which came into force in 1987, the Maastricht Treaty concerning the European Union which entered into force in 1993; The Amsterdam Treaty, which came into force in 1999 and, finally, the Treaty of Nice that was signed on 26 February 2001 and entered into force after approx. 2 years of debates, on the 1st of February 2003. This last treaty was meant to prepare the European Union both from an institutional and a legislative point of view, to face an almost double number of Member States.

At the end of the Nice Treaty a document was attached that we may say it marked the first step towards a future European Constitution. We speak about the famous "Nice Declaration regarding the future of the European Union", which established in 2004 the convening of a new conference to question the other major issues, such as: establishing and maintaining a more precise delimitation of the competences between the Union and the Member States, reflecting on the principle of subsidiarity; the status of the Charter of Fundamental Rights of the European Union, proclaimed in Nice, according to the conclusions of the European Council in Köln; a simplification of the Treaties with the intention of making them clearer and easier to understand, the role of national parliaments in the European architecture.

There was also an emphasis on the need to permanently improve and monitor the democratic legitimacy and the transparency of the Union and its institutions, to bring them closer to the citizens of the member states.

From the interpretation of the "Declaration regarding the future of the European Union" one can see the intention for a new significant reform. If we also take in consideration the declarations of the Union leaders, during the analysed period (2000-2001), it is clear that their intention was to adopt a constitution for the European Union.

In this respect, the President of the European Parliament, Nicole Fontaine, said, at the summit in Feir a (Portugal), in June 2000, that the European Union must equip itself with a Constitution and adopt a "Charter of Citizens' Rights." Therefore, addressing the Pleads of State and Government of the States, Nicole Fontaine expressed his hope on equipping Europe with a Constitution, whose elaboration might be preceded by the restructuring and simplification of the treaties adopted so far. …

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