The rise and fall of the EU’s Constitutional Treaty

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Series Details Vol.5
Publication Date 2008
ISBN 978-90-04-16806-0
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This book analyses the EU's Constitutional Treaty, which emerged in draft form from the European Convention in the summer of 2003 and which was finalised by an Intergovernmental Conference (IGC) in June 2004. It describes the main novelties of the treaty and looks at policies of important actors, Member States and Community actors (the Commission and European Parliament) and the roles played by the Convention and the Italian and Irish Presidencies during the process of deliberation and negotiation that produced the treaty. It further studies the failure of ratification in France and the Netherlands and the implications for the process of European integration of this failure. It finally touches on the question whether a constitutional equilibrium has been reached.

Since the new Lisbon Treaty negotiated in 2007 contains much of what was in the Constitutional Treaty the analyses of the book remain pertinent for this latest EU treaty.

1. Introduction: Overview of the Constitutional Treaty Process and Main Elements of the Treaty - Finn Laursen

Section 1: Policy and Pillar Aspects of the Constitutional Treaty
2. The EU Constitutional Treaty and International Trade - Rafael Leal-Arcas
3. The European Economic Constitution: An Analysis of the Constitutional Treaty - Ferran Brunet
4. The Reforms in the Justice and Home Affairs Domain: The end of the ‘third pillar’? - Jörg Monar
5. Who Speaks for Europe while we wait for the EU Foreign Minister? - Per M. Norheim-Martinsen

Section 2: Case Studies of National Preferences
6. Between Cherry-Picking and Salvaging the Titanic: Spain and the Rescuing of the essence of EU Constitution - Joaquin Roy
7. From Idealism to Pragmatism: Germany and the Constitutional Treaty - Almut Möller
8. The French Rejection of the European Constitutional Treaty: Two-Level Games Revisited - Colette Mazzucelli
9. Trimming Sails: The Dutch and the EU Constitution after the Referendum - Steven Wolinetz
10. The United Kingdom and the Constitutional Treaty: Leading from within? - Alasdair Blair
11. Poland and the Constitutional Treaty: A short Story about a ‘square root’? - Maciej Wilga
12. Denmark and the Constitutional Treaty: A Difficult Two-Level Game - Finn Laursen

Section 3: Roles of Presidencies and Community Actors
13. Italy and the Treaty Establishing a European Constitution: The Decline of a Middle-Size Power? - Federiga Bindi
14. The Irish Presidency: Neutrality, Skills and Effective Mediation - Andreas Dür and Gemma Mateo
15. A New Pragmatism – the Role and Impact of the European Parliament in the Constitutional Treaty Negotiations - Derek Beach
16. The European Commission as a Strategic Agenda Setter: The Case of the Convention on the Future of Europe and the Ensuing Ratification Crisis - Edward Moxon-Browne

Section 4: The Negotiation Process
17. Producing ‘Ever Closer Union’? The Rhetoric of Legitimacy and Regional Participation in the EU Constitutional Convention - Janet Laible
18. The IGC 2003-4: How Constrained by Rhetorical Action? How Intergovernmental? - Finn Laursen

Section 5: Ratification Issues
19. The Failed EU Constitution Referendums: The French Case in Perspective, 1992 and 2005 - Francesca Vassallo
20. Constitution-Making and the Search for a European Public Sphere - Chien-Yi Lu
21. Everything Shall Now Be Popular: Explaining Elite Behaviour in the Constitutional Treaty Referenda - Rasmus Leander Nielsen

Section 6: Perspectives And Assessments
22. Flexible Integration and the Constitutional Treaty: An instrument with little purpose? - Laura Lund Olsen
23. The Implications of the ‘No’ Vote in France: Making the Most of a Wasted Opportunity - Marie-Luce Paris-Dobozy
24. From Treaty Bargains to a Constitutional Proposal and Back - Thomas König
25. Concluding Remarks: The Constitutional Treaty is Dead, Long Live European Constitutionalism - Finn Laursen

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