European Constitution 

Simplification of the Treaties was one of the key objectives of the Convention. A simplified constitutional treaty should help to render the EU more understandable for its citizens, and the responsibilities of those involved in the decision-making process more clearly established.

Currently, the EU is governed by several treaties that have been revised during its 50-year history. The three original Treaties founding the European Communities were the Treaty establishing the European Community, the Treaty establishing the Atomic Energy Community and the Treaty establishing the European Coal and Steel Community. They were followed by the Single Act, the Treaty on European Union (Treaty of Maastricht), the Treaty of Amsterdam and the Treaty of Nice, which entered into force on 1 February 2003.

In addition, the Treaty of Maastricht created a new entity, the European Union, with a three-pillar structure: the Community pillar (corresponding to the three Community Treaties), the Common Foreign and Security Policy (CFSP) pillar and the justice and home affairs (JHA) pillar.

The Treaty of Amsterdam transferred to the Community pillar part of the activities covered by the third pillar, which is now limited to judicial and police cooperation in criminal matters. The main characteristics of the second and third pillars are decision-making procedures and instruments of action which are more intergovernmental in nature than the Community method.

Other EU primary legislation comprises:

• Accession Treaties;
• Acts or Decisions (for example, Decisions relating to the location of the seats of institutions or other bodies, or the Act concerning the election of representatives of the European Parliament by direct universal suffrage);
• around 40 Protocols having the value of Treaties;
• many Joint or unilateral Declarations accompanying each Treaty.

The Draft Treaty establishing a Constitution for Europe , adopted by the European Convention in Brussels on 10 July 2003, consists of the following parts:

• Preamble
• Part I:
  • Title I: Definition and objectives of the Union
  • Title II: Fundamental rights and citizenship of the Union
  • Title III: Union competences
  • Title IV: The Union's institutions
  • Title V: Exercise of Union competence
  • Title VI: The democratic life of the Union
  • Title VII: The Union's finances
  • Title VIII: The Union and its immediate environment
  • Title IX: Union membership
• Part II: The charter of funda mental rights of the Union
• Part III: The policies and functioning of the Union
• Title I - Clauses of general application
• Title II - Non-discrimination and citizenship
• Title III - Internal policies and action
• Title IV - Association of overseas countries and territories
• Title V - External action of the Union
• Title VI - The functioning of the union
• Title VII - Common provisions
• Annex I: Protocol amending the Euratom Treaty
• Annex II: Protocol on the euro group
• Annex III: Declaration on the creation of a European External Action Service
• Part IV: General and final provisions

The main changes introduced by the new Constitution are:

• The Preamble refers to the cultural, religious and humanist inheritance of Europe.
• The EU will have a single legal personality , allowing it to sign international treaties.
• The European Parliament 's size shall not exceed 732 members. Representation of European citizens shall be degressively proportional, with a minimum threshold of four members per Member State.
• The European Council shall elect its president for up to five years (two possible mandates of 2.5 years) to chair summits and drive forward its work. The president will replace the present six-month rotating presidency.
• The presidency of Council formations , other than that of Foreign Affairs, shall be held by Member States on the basis of equal rotation for periods of at least a year.
• From 2009 onward, the Commission shall consist of its president, the minister for foreign affairs/vice-president and 13 commissioners selected on the basis of a system of equal rotation between the Member States. The Commission president shall appoint non-voting commissioners coming from all other Member States. Until 2009, every Member State will have one commissioner.
• A new minister for foreign affairs shall conduct the Union's common foreign and defence policy, sitting in the Commission with access to its resources but answerable to Member States. He/she will be appointed by the European Council with approval from the Commission.
• Member States may create, by unanimous decision, a European public prosecutor to combat cross-border crime and terrorism.
• Most decisions will be taken by majority vote . The European Parliament's role in decision-making will be nearly doubled. National veto will be preserved in a few politically sensitive areas, such as taxation and foreign policy.
• From 2009, decisions will be taken by double majority , representing at least half of the Member States and 60 per cent of the Union's total population. Until 2009, the complicated Nice Treaty rules will apply.
• Under a new solidarity clause, Member States will provide mutual assistance in case of terrorist attack.
• Member States will be able to subscribe to a mutual defence clause .
• Members of the Economic and Monetary Union will be able to set their own economic policy guidelines and enforce eurozone rules, without involvement from non-euro countries.
• Introduction of a referendum: a minimum of one million EU citizens will have the right to demand from the Commission to submit a proposal on matters on which they believe the Union should act.
• A new exit clause will allow Member States to leave the Union.
• The Union will have its official symbols : flag (blue background with 12 yellow stars in a circle), anthem (Beethoven's 'Ode to Joy'), motto ('United in diversity'), currency and Europe Day (9 May).
• A new Convention will have to be convened for revising the Constitution . Should the changes proposed be minor in nature, the European Parliament is to give its approval to a decision not to convene a Conv ention. The principle of unanimity in Council remains unchanged.
• The 'open method of coordination' , while not explicitly mentioned, is suggested for a number of areas: social policy, research, health policy and industrial competitiveness. The aim is to encourage Member States to coordinate their actions voluntarily, without having to resort to Community legislation.
• A specific provision has been added on the 'cultural exception' in international trade agreements. Decisions on such agreements are normally to be made by qualified majority voting, but the text now states that the Council shall 'act unanimously for the negotiation and conclusion of agreements in the field of trade in cultural and audiovisual services, where these risk prejudicing the Union's cultural and linguistic diversity'.
• A new European External Action Service will be created to support the work of the future EU Foreign Minister.
• Veto will be kept for decisions on foreign policy and taxation and Member States will continue to set national quotas for immigration.
• For Euratom , the draft introduces a legal separation between the Constitution and the Euratom Treaty.

Mr Giscard d'Estaing handed the final draft over the the Italian Presidency of the EU on 18 July to serve as a starting point for the Inter-Governmental Conference.