1. The IGC is asked to draw up a Treaty (hereinafter called “Reform Treaty”) amending the existing Treaties with a view to enhancing the efficiency and democratic legitimacy of the enlarged Union, as well as the coherence of its external action. The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called “Constitution”, is abandoned. The Reform Treaty will introduce into the existing Treaties, which remain in force, the innovations resulting from the 2004 IGC, as set out below in a detailed fashion.
(The Presidency Conclusions of the European Council - 21/22 June 2007, p. 15)
So we haven’t a constitution any more. We had it for about two years, 18 countries ratified it, but French and Dutch people during the referenda refused it and so now we have gone a step back. I am a little sorry about this, I liked the constitution, even if it was a little too soft on my opinion, I would have liked more a stronger federal one… but at least it was a good starting point. The Reform Treaty is not a good starting point, is just the less worse step back…
2. The Reform Treaty will contain two substantive clauses amending respectively the Treaty on the European Union (TEU) and the Treaty establishing the European Community. (TEC). The TEU will keep its present name and the TEC will be called Treaty on the Functioning of the Union, the Union having a single legal personality. The word “Community” will throughout be replaced by the word “Union”; it will be stated that the two Treaties constitute the Treaties on which the Union is founded and that the Union replaces and succeeds the Community. Further clauses will contain the usual provisions on ratification and entry into force as well as transitional arrangements. Technical amendments to the Euratom Treaty and to the existing Protocols, as agreed in the 2004 IGC, will be done via Protocols attached to the Reform Treaty.
(The Presidency Conclusions of the European Council - 21/22 June 2007, p. 15)
At least least the Union will have a single legal personality, I never liked schizophrenia and multiple personalities…
3. The TEU and the Treaty on the Functioning of the Union will not have a constitutional character. The terminology used throughout the Treaties will reflect this change: the term “Constitution” will not be used, the “Union Minister for Foreign Affairs” will be called High Representative of the Union for Foreign Affairs and Security Policy and the denominations “law” and “framework law” will be abandoned, the existing denominations “regulations”, “directives” and “decisions” being retained. Likewise, there will be no article in the amended Treaties mentioning the symbols of the EU such as the flag, the anthem or the motto. Concerning the primacy of EU law, the IGC will adopt a Declaration recalling the existing case law of the EU Court of Justice
(The Presidency Conclusions of the European Council - 21/22 June 2007, p. 16)
Well, the Reform Treaty will not state explicitly the primacy of the EU law, but what about the EU Court of Justice already stated it many years ago, so this is European Common law, isn’t it? And an other question, they Treaty will not call them laws, but who will break them will be judged and punished in some way? If the answer is yes, you can call them as you like, i.e. Miky Mouses, they will still remain laws…
I was forgetting the flag, it will be out of the Treaty… but it will remain on my fridge… and I will still continue to listen to The Ode to Joy