What is the EU constitution?
A proposed EU constitution was agreed by the EU's heads of government, including Tony Blair, on 18 June 2004. It represents an ambitious attempt both to consolidate the existing Treaties and greatly expand the formal competence of the Union. The constitution would give the EU a legal personality comparable under international law to its Member States and is a further step towards turning the EU into a centralized federal style state. Such an EU constitution would override national constitutions and Parliaments in any case of conflict. Yet, as EU research itself concedes, there is no EU community of people, no European "demos", to give it democratic legitimacy. *
In summary, the new powers the EU constitution would give the EU are:
The abolition of the remaining national veto in almost all areas, meaning that Britain could be out-voted by other countries on new EU laws on most issues;
The creation of a permanent EU President and an EU Foreign Minister;
The suspension of British (and, presumably French) membership as a Permanent Member of the UN Security Council, should the EU require it;
The establishment of an EU criminal justice system - Corpus Juris - on the continental model, without juries or habeas corpus;
The creation of new EU new powers to harmonize employment and social policies;
Inclusion of the EU's 'Charter of Fundamental Rights' into the treaty giving it full legal force. This would extend the competence of the EU Court of Justice into virtually every area of citizens' lives and make national Supreme Courts and the Court of Human Rights in Strasbourg subject to the EU in politically highly sensitive areas;
The creation of an EU diplomatic service to harmonize the representation of EU member states in other countries;
The creation of a European Armaments Agency to harmonize military spending;
The creation of an open-ended "division of powers" meaning that, in many areas, EU member states will only be able to act if the EU has chosen not to. Britain will able to legislate in the fields of agriculture, fishing, justice, transport, energy, social policy and the environment only if the EU choses "not to exercise its competence."
Article I-10 gives the constitution and EU law "primacy over the law of member states."
Confirmation that all Britons (and nationals of other EU states) are citizens of the EU. (The duties of citizens are not defined.)
The Government has said that the EU constitution, along with all other EU laws, is to be part of UK law. They will be superior both to our own Constitution and our own law. For the first time this country is thus to have a written constitution and one whose interpretation will be solely in the hands of the European Court of Justice. Its judgments will therefore be superior to anything decided by the Crown in Parliament.
Despite the Prime Minister's claim that "we (Britain) have won every single thing we wanted to secure," * only 27 of the 275 proposed British amendments to the Constitution were accepted.
The EU constitution proposes to merge the intergovernmental and supranational areas of the Treaties under a single institutional structure. This would strengthen EU powers and competence over Member States in new and important ways. The proposals represent a further stage in the assault on the nation states of Europe and the national democracies that underpin them, by the powerful political, bureaucratic and economic elites that are pushing the EU integration project.