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	EU E-Learning Units
HOME CONTACT E-Learning Unit 3: The EU Institutions and Modes of Governance Introduction The Treaty Establishing a Constitution for Europe Dissolving of the Pillar Structure Reforming the Union´s Competencies A Clear-Cut Catalogue of Competences? Categories of Competences Reforming the Procedures and Instruments Revision Procedures Legislative Procedures Budgetary Procedure A Revised Institutional Architecture The European Parliament Increase in Competence and Function With New Strength Towards a Bicameral System A Full-Fledged Parliament? The European Council An Expanded List of Tasks The President of the European Council The Council of Ministers Composition of the Council and its Presidency The New Majority Formula An Enhanced Ability? The Union Minister for Foreign Affairs The European Commission Reforms in the Light of European 'Leitideen' An Enhanced President of the Commission The College Perspectives Towards a New Institutional Balance? In a Fusion Trend? The TCE as a Further Step in the Evolution of European States? Further Readings .	II.3.1 Revision Procedures Initial proposals on the reform of revision procedures had suggested a simplified procedure applicable only with regard to the different policies of the European Union - part III of the Constitutional Treaty. The European Convention hesitated to discuss those proposals in detail fearing that single articles would not be negotiated with regard to content but based on whether to place them in the third part or elsewhere in the Constitutional Treaty. Therefore, it still applies that all constitutional provisions, which can even be initiated by the European Parliament, are to be amended only at unanimity. The ordinary revision procedure (Article IV-443 TCE) has thereby formally incorporated the convention method. Once the Constitutional Treaty will have entered into force the European Council will be able to convene - by simple majority vote - a Convention, assigning it to prepare the amendments. In light of the principle of unanimity and the ever growing European Union the possibility of achieving the required ratification by each member state decreases, so that revisions might fail because of one single member state. Thus, in case of ratification by only 4/5 of the member states after two years, the ordinary revision procedure provides for a referral to the European Council (Art. IV-443 Par. 4 TCE). Nevertheless, the impact of this vague and open formulated 'escape' clause, not defining what the European Council is supposed to do, will have to prove itself with regards to the 'living constitution'. A unified European ratification is not required by the revision procedures. Thus, expectations of promoters of a 'real constitutionalisation' in the sense of a European social contract have not been met, but the Constitutional Treaty follows the pattern of international treaty law. Member states are obliged to ratify the treaty according to their national rules of procedures. The Constitutional Treaty provides for two forms of simplified revision procedures (Art. IV-444, IV-445 TCE). The European Council is empowered to change from the 'special legislative procedure' (see e.g. Art. III-270 TCE) to the 'ordinary legislative procedure' by way of the 'bridging clause' or the simplified revision procedure (Art. IV-444 TCE). Such initiatives require approval by national parliaments, though. Internal policies and action of the Union can be changed via a simplified procedure defined in Article IV-445 TCE. The European Council can decide on amendments at unanimity, which needs to be approved by all member states. This procedure corresponds to some parts the initial proposals for reforms of revision procedures. Links: Nice Treaty (2000) Treaty establishing a Constitution for Europe
GLOSSARY: 'Constitutionalisation' The purpose of a process of constitutionalisation is ultimately to produce a constitution, constitutional Treaty or founding Treaty with a constitutional role

EU E-Learning Units

CONTACT

E-Learning Unit 3: The EU Institutions and Modes of Governance

II.3.1 Revision Procedures

Initial proposals on the reform of revision procedures had suggested a simplified procedure applicable only with regard to the different policies of the European Union - part III of the Constitutional Treaty. The European Convention hesitated to discuss those proposals in detail fearing that single articles would not be negotiated with regard to content but based on whether to place them in the third part or elsewhere in the Constitutional Treaty.

Therefore, it still applies that all constitutional provisions, which can even be initiated by the European Parliament, are to be amended only at unanimity. The ordinary revision procedure (Article IV-443 TCE) has thereby formally incorporated the convention method. Once the Constitutional Treaty will have entered into force the European Council will be able to convene - by simple majority vote - a Convention, assigning it to prepare the amendments. In light of the principle of unanimity and the ever growing European Union the possibility of achieving the required ratification by each member state decreases, so that revisions might fail because of one single member state. Thus, in case of ratification by only 4/5 of the member states after two years, the ordinary revision procedure provides for a referral to the European Council (Art. IV-443 Par. 4 TCE). Nevertheless, the impact of this vague and open formulated 'escape' clause, not defining what the European Council is supposed to do, will have to prove itself with regards to the 'living constitution'.

A unified European ratification is not required by the revision procedures. Thus, expectations of promoters of a 'real constitutionalisation' in the sense of a European social contract have not been met, but the Constitutional Treaty follows the pattern of international treaty law. Member states are obliged to ratify the treaty according to their national rules of procedures.

The Constitutional Treaty provides for two forms of simplified revision procedures (Art. IV-444, IV-445 TCE). The European Council is empowered to change from the 'special legislative procedure' (see e.g. Art. III-270 TCE) to the 'ordinary legislative procedure' by way of the 'bridging clause' or the simplified revision procedure (Art. IV-444 TCE). Such initiatives require approval by national parliaments, though. Internal policies and action of the Union can be changed via a simplified procedure defined in Article IV-445 TCE. The European Council can decide on amendments at unanimity, which needs to be approved by all member states. This procedure corresponds to some parts the initial proposals for reforms of revision procedures.

Links:

GLOSSARY:

'Constitutionalisation'

The purpose of a process of constitutionalisation is ultimately to produce a constitution, constitutional Treaty or founding Treaty with a constitutional role