Whether the Constitutional Treaty will enter into effect¿or the prospect of
the EU having a constitutional text is pushed back to a much more distant
future the ratification of an EU Constitution raises questions of fundamental
importance from the point of view of national constitutional law. Whilst
constitutions have traditionally been linked to states, more recent theories,
such as post-national, multi-level, or intertwined constitutionalism,
recognise the possibility for a constitution to exist in a non-state context.
In this very valuable book, which focuses on the ratification of the European
Constitutional Treaty, twenty-eight authorities in constitutional and EU law
examine the extent to which such theories have made inroads in national
The contributors examine the debates and official documents of the political
institutions that have been involved in the ratification process in the Member
States, as well as constitutional court decisions and scholarly discourse.
They also cover a range of closely related issues, such as the amendment of
national constitutions, ratification referendums, and the implications of the
codification of the principle of primacy in the European Constitution. The
book includes reports from 17 EU Member States, as well as a view from a
candidate country, Croatia. These reports, along with other papers on the
nature and content of the Constitutional Treaty, consider the following issues:
the process and legal framework of ratification in each of the examined Member
the novel category of constitutional treaty;
constitutional elements in existing EC/EU treaties;
types of constitutions and constitutionalism, and constitutions in non-state
the implications of the primacy clause;
eurosceptic fears of the development of a super-state.
The book is based on the proceedings of an international conference that was
held in Tallinn, Estonia, in November 2005.
By assessing the implications of the European Constitution from the
perspective of national constitutional law, this book fills an important gap
in the literature. It also makes a contribution to the emergence of a true
European-wide constitutional debate, by providing both researchers and
policy-makers with comparative information regarding the constitutional
aspects of ratification in Member States. It will be of absorbing interest and
value for years to come as the European constitutional debate continues.
1. Introduction: The European Constitution and National Constitutions
in the Context of `Post-national Constitutionalism; A. Albi. PART I.
Ratification of the Constitutional Treaty and Its Impact on National
Constitutions. 2. Ratification of the European Constitution in
Lithuania and its Impact on the National Constitutional System; I.
Jarukaitis. 3. Ratification of the European Constitution in
Hungary: Problems and Challenges; J. Czuczai. 4. The
Ratification of the European Constitutional Treaty in Italy; M. Cartabia.
5. Spain's Ratification of the Treaty Establishing a Constitution for
Europe: Prior Constitutional Review, Referendum and Parliamentary Approval;
P. Perez Tremps, A. Saiz Arnaiz. 6. Germany and the EU
Constitutional Treaty; R. Arnold. 7. Belgium: The Lock-through
System; F. Delpérée. 8. Ratification of the European
Constitution in Estonia: A New Constitution for Estonia? J.
Laffranque. 9. The European Constitution in the Far North, in a
Country Called Suomi; T. Ojanen.
PART II. Obstacles to the Ratification of the Constitutional
Treaty and Issues for National Constitutions. 10. French Reactions to the
Treaty Establishing a Constitution for Europe: From Constitutional Welcome to
Popular Rejection; J. Ziller. 11. The Dutch Constitution, the
European Constitution and the Referendum in The Netherlands; L. Besselink.
PART III. Adjournment of the
Ratification of the Constitutional Treaty: Wait and See? 12. The United
Kingdom: A Tragi-Comedy in Three Acts; C. Church. 13. Ratification of
the European Constitution: Implications for Ireland; G. Hogan. 14.
Denmark's Waning Constitutionalism and Article 20 of the Constitution on
Transfer of Sovereignty; H. Rasmussen . 15. Ratification without
Debate and Debate without Ratification: The European Constitution in Slovakia
and the Czech Republic; Z. Kühn. 16. The Polish
Constitution, the European Constitutional Treaty and the Principle of
Supremacy; A. Lazowski. 17. Sweden's Possible Ratification of
the EU Constitution: A Case-study of `Wait and See; J. Nergelius. 18.
A View from a Candidate Country: Implications of (Non)-Ratification of the
Constitutional Treaty for Croatia; S. Rodin, T. apeta.
PART IV. Ratification in Light of the
Nature and Content of the Constitutional Treaty and the Instrument of
Referendum. 19. The Treaty Establishing a Constitution for Europe: Some
General Reflections on its Character and Prospects for Ratification; J.
Schwarze. 20. Institutional Changes in the Constitutional Treaty: A
Reason for its Rejection? P.-C. Müller-Graff. 21. The
European Constitution and the Role of National Parliaments: Hard Law Language,
Soft Content; P. Kiiver. 22 . The European Constitution and the
Role of National Constitutional Courts; M. Claes. 23.
Reconciling Widening and Deepening: Enlargement as a Vehicle to Break the
Unions Constitutional Deadlock; S. Blockmans. 24. National
Referendums in the Process of European Integration: Time for Change; A.
Auer. 25. Electorates v Politicians: The 2005 French and Dutch
Referendums on the EU Constitutional Treaty; G. Tridimas, T. Tridimas.
26. Conclusions; J. Ziller. Appendix: Table of Countries.
Table of Statutes. Table of Cases.