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Here you can download the

New Reform Treaty

Rejected EU Constitution

 

For a more in depth analysis please consult the following links:

1:1 Comparison

The Constitutional Treaty compared article by article to the Reform Treaty. 347 pages. Pdf-file of 2.5 MB. Research conducted by Open Europe.   Download here

Different Analyses

Statewatch Observatory on the EU Constitution and the Reform Treaty. This page includes analyses of the Reform Treaty in the context of different topics carried out by Statewatch.  Read more and downloads

The Reform Treaty: 95% of the old Constitution?


The draft EU Constitution was rejected in 2005 by the Netherlands and France in a referendum. As a consequence - according to the existing treaties - this document could no longer be adopted. After two years of confusion, the Heads of States and governments - who obviously do not care about the verdict of the French and Dutch people - came up with a cunning plan: Lets just keep the content of the EU Constitution but give it a new name, and at any cost lets avoid referendums this time!

Instead of having just one document this new Treaty shall amend the existing Treaty on the European Union (TEU) and the Treaty Establishing the European Community (TEC) which shall be renamed the Treaty on the Functioning of the European Union (TFEU).  The articles may have changed order, but 95% of the content of the Reform Treaty remains the same as that of the draft Constitution.

The major and most far reaching items of the EU Constitution are present in the Reform Treaty and more often than not, comprise of exactly the same text. For this reason there is no excuse for not holding a referendum on the new Treaty especially where there was a referendum already held or planned for the EU Constitution.

Listed below is a brief summary of a few major points to show the simularity between the two documents.  For a more in depth analysis of the Reform Treaty and the previous Constitution please follow the links on the right of the page.

Examples of Congruence

  • EU Foreign Minister, to be called the “High Representative of the Union for Foreign Affairs and Security Policy”: Constitution Article I-28 = Article 9e (TEU)*.
  • The EU High Representative shall be able to speak on behalf of the EU on the UN Security Council: Constitution Article III-305(2) = Article 19 (2) (TEU)*.
  • Commitment to creating a Common Union Defence Policy and a “Common Defence”: Constitution Article I-41(2) = Article 27(2) (TEU)+.
  • The creation of a single legal personality: Constitution Article I-7 = Article 32 (TEU)*.
  • Legal status given to the Charta of Fundamental Rights: Constitution Article I-9 = Article 6 (TEU).
  • End of one Commissioner per member state: Constitution Article I-26(6) = Article 9d(5) (TEU).
  • EU Diplomatic service. To be called the “European External Action Service”: Constitution Article III-296 (3) = Article 13(3) (TEU)*.
  • Treaty amendments without the need for a new treaty: Constitution Article IV-444 and Article IV-445 = Article 33 (TEU).
  • Coordination of foreign policy: Requirement for a Member State to consult other Member States before taking foreign policy action: Constitution Article I-40 = Article 17a (TEU)*.
  • Union coordination over Member State’s social policy:Constitution Article I-15(3) = Article 5(3) (TFEU)*.
  • Common asylum system: Constitution Article III-266 = Article 69a (TFEU).
  • Common immigration policy: Constitution Article III 267 = Article 69b (TFEU)*.
* In these instances the Reform Treaty uses even the same text as the EU Constitution.
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