EU constitution is far from the finished article
It modifies existing treaties towards a federal philosophy incorporating changes in how national sovereignty is to be applied. The term 'pooling of sovereignty' has raised eyebrows, not least in relation to foreign policy where there's stark division.
The clarity of decision-making within the EU is in doubt as a result of vague articles and provisions. Article 7 deals with the principle of conferred powers, given to the EU as a separate legal entity by the individual states; the hot issue of federalism is manifest in the document across a number of lines.
The new "constitutional order of sovereign states", mentioned in Article 1, fails to note that the old order is still around, with some countries opting out of the single currency and, consequently, the EU's monetary policy.
The draft constitution takes very substantial initiatives in dealing with the treaties currently in force. It abolishes the distinction between the union and the communities such as EURATOM and the EC worded in existing documents.
However, there is a commitment
to the use of peaceful use of atomic energy. The document is loosely worded on foreign, security and defence policy, stating "that the union shall provide itself with the means necessary to attain its objectives and carry through policies". These objectives have yet to be set in a way that can be understood in order to facilitate policy development.
The constitution allows for the withdrawal of a member state from the union without permission (Article 27). But the terms and possible consequences of that withdrawal are nowhere to be seen.
Social policy, employment creation and rights are considered, but there's not a lot of detail.
The draft suggests bringing decisions closer to the people, but the reality is that it won't this was proven in the second Nice referendum, when the EU and our Government cried foul to the decision of the Irish people to reject Nice in the first referendum. There's no evidence of anything that will bring EU decisions closer to the people.
The document represents a huge step in constitutional change and there are many shortcomings that need a lot of further work.
Maurice Fitzgerald,
Shanbally,
Ringaskiddy,
Co Cork.
