A federal European constitution for an enlarged European Union

2010 ◽  
pp. 224-238
Author(s):  
Friedrich Schneider
Author(s):  
Hernan Tesler-Mabe

As recently as one year ago, the European Union was seemingly on a direct path toward its avowed goal of "ever closer union." In numerous publications, EU authorities asserted that they had the confidence of European peoples desirous only of further integration. In the wake of the failed referenda for a European Constitution, however, enthusiasts of European Union can no longer be certain that their enterprise will succeed. The European Union, once strong and united, seems now an entity teetering on the edge of collapse. The reasons for such a dramatic shift are, of course, wide-ranging. Yet I would suggest that a great part of the general European disillusionment with European Union has come about as a result of the actions of the Europeanists themselves. Over the last decades, European officials have exhibited a frightfully high incidence of revisionism in their literature. This practice, I argue, has caused many Europeans to question the integrity of the project of European Union. For my presentation, I intend to undertake a close study of a selection of documents published by the European Communities. In this endeavour, I will compare and contrast the messages imparted in different editions of these works and consider the semiotic significance of the textual and non-textual language appearing therein. In this manner, I hope to achieve two aims. First, I mean to add a corrective element to a literature that, guided by a teleological interpretation of integration, endows integration with”logic" to be found only in hindsight. Second, I intend to examine the many meanings that the EU has had over its history and assess how closely policy has adhered to the ideological goals of prominent Europeanists. In sum, I hope to shed light on the fundamental disconnect between advocates of Europe and the "man on the street" and help establish a dialogue which may contribute to resolving the current impasse within the European Union. Full text available: https://doi.org/10.22215/rera.v2i4.178


2001 ◽  
Vol 2 (15) ◽  
Author(s):  
Dominik Hanf

In January 1999 German Foreign Minister J. Fischer called for a debate on the creation of a constitution for the European Union. Since then, many German politicians have exposed their vision of the future of Europe and its constitution. However, even one year later, the matter appeared still to be a ‘German concern’ only.


2006 ◽  
Vol 7 (9) ◽  
pp. 733-760 ◽  
Author(s):  
Christoph Ritzer ◽  
Marc Ruttloff ◽  
Karin Linhart

The Treaty Establishing a European Constitution seems to have failed. The problems continue to exist: a centralizing tendency is inherent in the European Union like in supposedly every federal or supra-national system. This is why, for years, there has been a growing demand for a barrier against the subtle loss of competence for the Member States and their sub-national units, which also potentially threatens the acceptance of the Union's legal acts and therefore the progress of European integration overall.


2005 ◽  
Vol 1 (2) ◽  
pp. 281-292 ◽  
Author(s):  
Camilo B. Schutte

When thinking about the integration of the European sovereign states in the European Union, one does not need to be a euro-sceptic to perceive a big fish devouring little fish. Of course, the individuality of the different countries is assured in the European Union. Article I-5(1) of the European Constitution establishes that the Union shall respect their national identities inherent in their fundamental structures, political and constitutional, and their essential state functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. Europe is to be ‘United in diversity’. Yet, however considerate the Union may be of the various European countries, unity can exist only by the grace of all member states' loyally fulfilling their European obligations.


2007 ◽  
Vol 38 (1) ◽  
pp. 145
Author(s):  
Verena Murshetz

Recent developments regarding criminal matters within the European Union (EU) show a trend towards a supranational criminal competence, which could be realised before the entry into force of the European Constitution whose future is uncertain. The strongest indicators in this development are two judgments of the European Court of Justice (ECJ), one that extends the powers of the European Community (EC) over the protection of the environment through criminal sanctions  and the other applying the principle of conforming interpretation to framework decisions . This trend is questionable though, as the Treaty of the European Union (TEU) does not confer a criminal competence upon the EC. The third pillar containing criminal matters is intergovernmental in nature. This article critically discusses the recent trend and presents arguments against an implied supranational criminal law within the EU.


2006 ◽  
Vol 36 (144) ◽  
pp. 419-433
Author(s):  
Anne Karrass ◽  
Andreas Fisahn

The French and Dutch “no” to the European Constitution and the following “period of reflection” offer the opportunity to introduce critical ideas into the discussion on the future of the European Union. For the critics it is not only necessary to excoriate the Constitution, but also to propose alternatives. The authors therefore generate requirements for the contents of a new European Constitution. In a second step concrete alternatives are provided, dealing among others with a democratic way of organizing the European institutions, basic rights as well as economic and social policies. The general aim is to open the Constitution for political processes, which means to minimize the (economic) stipulations for European politics in the Constitution.


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