European Constitution: The Proposed Treaty That Failed, Leading to the Lisbon Treaty’s Creation

August 31, 2024 3 min read European Law Government Regulations European Union Treaty Lisbon Treaty Constitution Politics

An in-depth look at the European Constitution, its drafting, rejection, and the subsequent creation of the Lisbon Treaty.

On this page

The European Constitution, formally known as the Treaty establishing a Constitution for Europe, was an unratified international treaty intended to create a consolidated constitutional basis for the European Union (EU). Drafted in 2004, the treaty aimed to replace the existing complex web of treaties governing the EU with a single document that would streamline decision-making processes and clearly define the Union’s powers and responsibilities.

Background and Purpose

The European Constitution was designed to:

Enhance the efficiency of the EU’s decision-making processes.
Promote transparency and democracy within the EU institutions.
Simplify the legal and institutional framework of the EU.

Key Provisions

The treaty proposed several significant changes, including:

A clear definition of the Union’s competences.
The establishment of a full-time President of the European Council.
The creation of a legally binding Charter of Fundamental Rights.
Reforming the voting procedures within the EU Council to a more streamlined qualified majority voting system.

Drafting and Signing

The European Convention, chaired by former French President Valéry Giscard d’Estaing, drafted the European Constitution. It was signed in Rome on October 29, 2004, by the heads of state or government of all EU member states.

Rejection and Aftermath

Failed Ratification

The treaty’s ratification process required approval from all EU member states. However, it faced significant opposition in referenda held in France and the Netherlands in 2005, where it was rejected by the public. The rejection by these founding members of the EU rendered the treaty effectively dead.

From Constitution to Lisbon Treaty

The failure of the European Constitution led to the drafting of the Lisbon Treaty. The Lisbon Treaty retained most substantive changes of the European Constitution but avoided constitutional symbolism and rhetoric. It was signed on December 13, 2007, and came into force on December 1, 2009.

Historical Context

Before the Constitutional Treaty

The EU was governed by a series of treaties that were complex and often required unanimity among member states for critical changes. These treaties included:

The Treaty of Rome (1957)
The Maastricht Treaty (1992)
The Treaty of Amsterdam (1997)
The Treaty of Nice (2001)

Lessons Learned

The failure of the European Constitution highlighted the limits of EU integration without broad public support and underscored the need for greater transparency and inclusiveness in the EU’s decision-making.

Lisbon Treaty: The treaty that succeeded the failed European Constitution, streamlining EU operations without the symbolism of a single constitutional document.
Qualified Majority Voting (QMV): A voting procedure in the EU Council, introduced to replace unanimity in decision-making on certain issues.
Charter of Fundamental Rights: A declaration of the fundamental rights and freedoms guaranteed to individuals within the EU.

FAQs

What was the primary goal of the European Constitution?

The primary goal was to simplify the EU’s legal structure and improve the efficiency and transparency of its decision-making processes.

Why was the European Constitution rejected?

The European Constitution faced public opposition in referenda in France and the Netherlands, where voters expressed concerns about loss of national sovereignty and the complexities of further EU integration.

How did the Lisbon Treaty differ from the European Constitution?

While retaining many substantive changes proposed by the European Constitution, the Lisbon Treaty avoided constitutional language and focused on treaty amendments rather than creating a single constitutional document.

References

European Union Official Documents
“The European Constitution: Myths & Realities”, European Commission
Treaty of Lisbon: Official Text

Summary

The European Constitution aimed to simplify and enhance the functioning of the EU but was ultimately rejected due to public opposition in France and the Netherlands. Its demise paved the way for the Lisbon Treaty, which achieved many of the same goals without the contentious constitutional language. This episode underscores the challenges and complexities of achieving deeper integration within the European Union.