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We'd like to understand how you use our websites in order to improve them. Register your interest. Der Vertrag von Nizza und das konventionelle Vertragsrevisionsverfahren wurden besonders heftig kritisiert. Oktober unterzeichnet. Um in Kraft zu treten, musste er von allen 27 Mitgliedsstaaten entsprechend ihren jeweiligen Verfassungsvorschriften ratifiziert werden.

Der Vertrag wurde von 17 Mitgliedsstaaten ratifiziert, durch Referenden in Frankreich und den Niederlanden im Jahr aber abgelehnt. Das "Verfassung"-Etikett wurde aufgegeben.

Die Regierungskonferenz wurde am Oktober , wonach der Vertrag von Lissabon am Dezember unterzeichnet wurde. Der Vertrag von Lissabon bedarf der Ratifikation durch alle 27 Mitgliedsstaaten. Januar , erreicht sein wird. In a declaration annexed to the treaty of Nice the need to review the constitutional framework of the European Union was acknowledged.

The Treaty of Nice and especially the conventional Treaty revision procedures were criticised heavily. The Laeken declaration of the European Council of December committed the EU to improve democracy, transparency and efficiency. It consisted of Members the European Parliament and of the Parliaments not only of the then 15 Member States but also from candidate countries including Turkey and representatives of the governments of these States. The Convention elaborated a Draft Treaty establishing a Constitution for Europe which was the basis for the following Intergovernmental Conference, which agreed after difficult negotiations and some modifications of the draft on a text.

There was an intensive debate on the Constitution of Europe, but more scholarly than in the public and even the national politicians. Supporters said that this Constitution had to be put on a new basis having in mind the deepening and widening of the European Union opponents said that the European Union being not a State is not ready to get a Constitution.

To enter into force it needed to be ratified by all 27 Member States in accordance with their respective constitutional requirements. The Treaty has been ratified by 17 Member States but was rejected by national referenda in France and the Netherlands in The term "Constitution", which had been thought to be an incentive for integration, obviously had the contrary effect. The special problem of a rejection by the people of two founding Member States led to a period of reflection.

The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned. The "Constitution" label was discarded. All provisions, which could suggest that the European Union should become a "State" like the symbols flag, anthem, motto or the denominations "laws" and "framework laws" instead the existing denominations "regulation" and "directive", were not introduced into the Reform Treaty.

In substance, however, the Reform Treaty will introduce into the existing Treaties with some modifications the innovations resulting from the Intergovernmental Conference, which were as shown above the basis for the Treaty establishing a Constitution for Europe.

Therefore with the exception of the British government supporters as well as opponents are right saying that the Reform Treaty is the Constitution by any other name. The United Kingdom reserved a questionable opt-out clause regarding the European Charter of Fundamental Rights, which is connected with the Treaty only by a cross-reference but with the same legal value.

New elements are according to new challenges references on climate change and energy solidarity. The Intergovernmental Conference was opened on 23 July The Treaty of Lisbon, as it is now named officially, was signed on 17 December The Treaty of Lisbon shall entry into force on 1 January if it has been ratified by all 27 Member States.

But it remains uncertain whether this project will run or not. There have been early attempts to reach re-negotiations, which have been rejected. And it is uncertain if in some countries will be referenda, which are obligatory in Ireland and under certain circumstances in Denmark.

Nevertheless: The history of European unification has always been a matter of uncertainty and surprise — and, up to now, in the end a story of success. This is a preview of subscription content, log in to check access. Correspondence to Rudolf Streinz. Streinz, R. Download citation. Issue Date : June Search SpringerLink Search. Summary In a declaration annexed to the treaty of Nice the need to review the constitutional framework of the European Union was acknowledged.

You can also search for this author in PubMed Google Scholar. About this article Cite this article Streinz, R.


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