The Treaty establishing a Constitution for Europe, signed in Rome on 29 October 2004, was meant to replace the existing EU treaties with a single text. It never entered into force: voters rejected it in France on 29 May 2005 (54.67% no) and in the Netherlands on 1 June 2005 (61.54% no).
- Official name
- Treaty establishing a Constitution for Europe
- Signed
- 29 October 2004, Rome, Italy
- In force
- Never entered into force
- Signatories
- 25 states
After the Treaty of Nice, EU leaders decided to rethink the Union’s foundations in a more open way than a classic diplomatic negotiation. The Laeken European Council of December 2001 set up a Convention on the Future of Europe, chaired by former French President Valéry Giscard d’Estaing, with 105 members in total. Its draft was presented in June and July 2003 and, after an intergovernmental conference, adopted by the European Council on 18 June 2004. The 25 member states signed the treaty in Rome on 29 October 2004.
What it proposed
The aim was to replace the existing founding treaties with a single text, called a constitution. Its content, as later described by the European Parliament, was close to what the Treaty of Lisbon would adopt: legal personality for the Union, a permanent President of the European Council, a single foreign policy chief, a “double majority” voting system in the Council, more powers for the European Parliament and a legally binding Charter of Fundamental Rights. It also mentioned the symbols of the Union: flag, anthem, motto and Europe Day.
To enter into force, it had to be ratified by every member state, either by parliament or by referendum, depending on national rules.
Example
On 29 May 2005, French voters rejected the treaty in a referendum. According to the official results proclaimed by the Constitutional Council, 54.67% of valid votes were “no” (15,449,508) and 45.33% “yes” (12,808,270), with a turnout of 69.37%.
Three days later, on 1 June 2005, Dutch voters rejected it in a consultative referendum. According to the official result established by the Kiesraad (the Dutch electoral council), 61.54% voted against (4,705,685) and 38.46% in favour (2,940,730), with a turnout of 63.3%.
Debates and limits
Because ratification by all member states was required, the two rejections stopped the process. EU leaders declared a “period of reflection”, which lasted about two years. The treaty never entered into force.
The reasons for the “no” votes remain debated. Supporters of the treaty argued that many voters had expressed dissatisfaction with national governments or with enlargement rather than with the text. Opponents argued that voters had rejected the direction of the Union itself, including its economic orientation, and later criticised the fact that most of its content was taken over by the Treaty of Lisbon.