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Introduction: After teachers and students study and analyze the history
leading up to the potential ratification of the EU constitution, they
should next carefully analyze the actual document presently being considered
by EU member nations. The teacher should download a copy of the document
from the official EU website, and then give out as much of it as the
teacher thinks is appropriate for his/her students.
Objective
#1: Students
should analyze the critical provisions of the proposed EU constitution In evaluating the proposed EU constitution, students should identify
the following key provisions:
The EU is a union
of member states, and that the competencies (areas of responsibility)
of the EU are voluntary given to it by the member states by the principal
of conferral. Governmental functions not specifically mentioned in
the EU constitution
remain in the hands of the member states.
By the principle
of subsidiarity, the Constitution states that the EU can only make
laws when the EU nations agree unanimously that actions by individual
countries are insufficient.
A member state
of the EU cannot pass a law that is counter to a law already made
by the European Union.
The European
Union has six exclusive competencies; these are
areas in which member states have given exclusive authority to the
EU. These include
the
areas of creating
a common commercial policy, the maintenance of a eurozone monetary
policy, competition rules for the internal EU market, conservation
of marine
biological resources,
maintenance of the EU customs union, and the negotiation of certain
international agreement.
There are a number of shared
competencies; for these member countries
agree to act only when they have not previously acted through the
EU, or in areas
where
the EU is not active. Among these are the areas of energy issues,
space exploration, and territorial cohesion.
Member states
will cooperate with each other in certain criminal and judicial areas;
these include fraud, drug sale and trafficking,
arms
sale and trafficking,
terrorism, trafficking in persons, crimes committed against children,
and corruption.
By terms of the solidarity
clause, any EU member that is subject
to a terrorist attack or other disaster will receive assistance
from other
member states
if the country in question requests assistance.
By terms of the
principal of qualified majority voting, routine decisions of the
Council of Ministers of the EU require approval
of 55% of
the member states;
this 55% must represent a 65% majority of the citizens. When
the Council of Ministers is acting on its own initiative rather
than
on a legislative
proposal
the figure
of 55% is raised to 72%. For major decisions, unanimous consent
of all member states is still required.
The heads of
participating states will choose the President of the European
Council; the President is in office for eighteen
months, and is renewable
for an additional
term. The position of the President of the European Council
is
administrative
and non-executive.
Parliaments of
member states can analyze any proposed EU law and object if they
feel the law is outside of the boundaries
of the
EU as established
in
the EU
constitution.
It is possible
to have enhanced cooperation, in which certain member states may
decide to work closely together while
others do not.
Two thirds of
member states
must participate in any enhanced cooperation, which also
must be approved by the European Union.
(Note: This is
only a partial list of the important provisions of the EU constitution.
Teachers and students may want
to analyze more
of
the structure
of the EU as
outlined in the EU constitution).
Objective
#2: Students should identify major controversies concerning provisions
of the
proposed EU constitution.
Some of the questions
surrounding the proposed new constitution include:
Its length: The
entire constitution is nearly 265 pages in length. Have students
discuss why a document
of
this length
may be necessary
for the
EU.
The issue
of qualified majority voting: previously, all decisions made by the
Council of Ministers
had to be
approved by majority
vote. Discuss
the
ramifications
of this change.
The issue
of national sovereignty: the constitution states that in some cases
laws of the EU take
precedence over
laws passed
by member
states.
Opponents
of the EU lament this loss of national sovereignty:
have students discuss the benefits
of this policy.
The
lack of democracy in the EU: the European
parliament, which is directly elected by
citizens of the member
countries, cannot
propose
new laws,
while other institutions,
such as the European Commission, is not
elected and has more power. Students should analyze
sections of the document
to
determine how
democratic the
EU actually is.
Militarism: a
provision of the Constitution states that "Member States shall
undertake progressively to improve their military capabilities". Ask students
if this will encourage an unnecessary arms buildup by member states. Supporters
of the constitution note that the document states that EU military actions should
be for "peace-keeping, conflict prevention, and strengthening international
security."
Unanimity
Requirement: by the terms of the Constitution a unanimous consent
of member
countries will
be necessary to
change the
document in the future.
Ask
students to discuss the ramifications
of this policy.
Timing: Some
critics state that many of the new members of the newer members
of
the EU
(especially
in Eastern
Europe) are relative
newcomers
to national
sovereignty; is it appropriate to
have these countries give
up parts of their national sovereignty
to the EU before they have really
developed it on their own? Have students discuss
this very
important question.
Evaluation: Students
should construct
an essay or
make a poster explaining the structure
of the European Union
as outlined in the proposed constitution.
The class should conduct a debate
on the constitution based on the issues
noted above, and propose changes
to
the document agreed
upon
by majority vote of the class. |