Revival
of the european constitutional process

It
is a long time now since the European constitutional train was
derailed.
The
many proposals made for putting it back on track are notable
for their quantity, but not always for their quality. However,
they cover every conceivable option, ranging from covert
attempts to bury it to wild idealism, and including minimalist
ideas varying between calculated cynicism and a very relative
effectiveness.
The
scenario I am suggesting is intended to open up pragmatic
possibilities, perhaps the only viable solution in the current
political and legal situation. By avoiding many of the
pitfalls, it should make it possible to adopt an initial
European Constitution – which, in the current
circumstances, is becoming more essential all the time –
within a reasonable period.
Since it now seems
that there is no plan B, C or Z, the proposals below are based
largely on 'Plan A', in other words the system derived from the
Convention. Ultimately this has proved to be the only
'material' that is still usable. But in present circumstances
there is no longer any hope of this irrevocably damaged first
draft coming to fruition. If it is to become operational, it
has to be completely restructured and rethought. Sometimes it
does not take much to make a radical change. 'Plan A +' will
demonstrate that.
This
general proposal, which is certainly ambitious, is presented in
the form of three linked sections. The first explains my action
plan, describing the current situation, discussing the various
possibilities and outlining a complete methodology for a
realistic solution to the crisis. The second section is the new
text of the Constitution that would result from the process.
The third section contains the existing non-constitutional
European agreements (policies, procedures, protocols) that were
included in the previous draft Constitution and would still
have the status of a treaty.
Thus
sections 2 and 3 together contain the conclusions,
outlining a new draft European Constitution and a new draft
European Treaty, which are now clearly differentiated. The
two-part text is the fruit of patient
'deconstruction/reconstruction' work based on the Treaty
establishing a Constitution for Europe signed in Rome on
29 October 2004. However, the two texts faithfully
reproduce all the provisions of the old Constitutional Treaty.
As explained in the first section, the only short, but
certainly decisive, amendment to the original text concerns the
arrangements for ratifying and amending the two new documents.
Designed
as an instant solution to the crucial issue of the European
Constitution, this plan could be the 'positive' scenario
awaited by all committed Europeans, whatever their previous
views on the subject.
Gérard
ONESTA
Vice
President of the european Parliament
Green Member of the
european Parliament