Today we talk about European Constitution, the constitutional Treaty that has been signed in Rome the 29 October of 2004. Why this text is important? First of all because it has been elaborate in very different way from the precedents Treaties. After the failure of the Treaty of Nice, that has been considered insufficient to realize the widening, was decided to start a new constituent phase, through a declaration, in Laeken, that has opened a new road to adopt a constitutional text. From the declaration of Laeken a convention has been created, called "On the future of Europe", presided by the ex President of the French Republic Giscard D'Estaing, that, together to other 105 members. component of the national Parliamentsand the European Parliament, from the Representatives of the national Governments and Representatives of the community institutions, have elaborated, in about 18 months, a project of constitutional text. A series of thematic working groups, including the most important matters of the European union, its juridical personality, the defense, the foreign politics, the economy, the social aspects, the subsidiarity, has permitted to the conventional - so were commonly called - to propose a constitutional text that the President Giscard Di Estaing and its Vice-presidents, Italian Giuliano Amato and the Belgian Dehaene, have presented to the Presidency of turn, at that time practiced by the Italian Government. The constitutional text, the project of constitutional text, has been discussed then by the intergovernmental Conference, i.e. the appeal that normally discusses and elaborates the Treaties and the changes to the original Treaties. So this time the constituent trial is fed of a general aspect, constituted by the job of the European Convention, a transparent organ that has been characterized by the publicity of the work and a classical intergovernmental Conference, constituted mainly from the Ministers of the foreign affairs and from diplomatic that have instead worked in a more secret way in comparison to the European convention, that instead, I repeat, has had its public sessions, allowing all the citizens to participate, to follow the work, rather to feel the civil society through a specific forum and through the tools that have been made available (internet and telematic tools). European Constitution, signed in Rome the 29 October of 2004, must be ratifies from the whole States members, according to the respective constitutional procedures. Some countries, among which Italy, has chosen for example the parliamentary way; other countries as Spain, have chosen the referendum, asking to their electors to confirm the ratification. Two of the countries that have chosen the referendum, France and Holland, have decreed a negative result towards the ratification of the constitutional text. Today we find us in a phase of reflection, to forehead of a process of ratification that sees 14 countries - Estonia is about to conclude the iter -, that have signed and ratified the constitution and other countries, among which for instance Great Britain, that attend to present the constitutional text to the electors. The results are still uncertain, the debate has however open.
|