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We're more than halfway there. All we need is a provision for the EU institutions to amend the constituent treaties.

As long as the only mechanism for amendment is another international treaty, the EU is an international organization.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 03:46:39 PM EST
[ Parent ]
By that definition, the US is an international organization.

Article V, U.S. Constitution

The Constitution of the United States

* * * * * * * * * *

Article V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.



A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!
by A swedish kind of death on Tue Nov 3rd, 2009 at 04:11:00 PM EST
[ Parent ]
The EU doesn't have The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 04:20:07 PM EST
[ Parent ]
But it has The Council, whenever it unanimously deems it necessary, shall propose new Treaties to supplement and replace the Treaties.

Would the US be an international organization if only the Senate could propose amendments?

A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!

by A swedish kind of death on Tue Nov 3rd, 2009 at 04:31:04 PM EST
[ Parent ]
But that is under the International Convention on the Law of Treaties, not under its own rules.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 05:00:49 PM EST
[ Parent ]
So if the International Convention on the Law of Treaties was copy-pasted into the treaties as how the treaties change, would it then be a constitution?

A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!
by A swedish kind of death on Tue Nov 3rd, 2009 at 05:03:10 PM EST
[ Parent ]
LOL

Another point is that the current arrangement doesn't recognise a single European sovereign entity (the "people of Europe") but rather a number of sovereign entities entering into an agreement.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 05:07:32 PM EST
[ Parent ]
Je je je.

I was writing the same point below.. je je je

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Tue Nov 3rd, 2009 at 05:21:06 PM EST
[ Parent ]
I think we're ready for a game of Nomic.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 05:25:56 PM EST
[ Parent ]
Would the US be an international organisation if only an assembly of State Governors could propose amendments?

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 05:24:41 PM EST
[ Parent ]
By my definition below it could be.

When I wrote the comment about the senate I assumed that the early senate was an assembly appointed by the State Governors. However, I have been unable to find how the early (pre-election) senators were appointed, so if anyone has a link...?

A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!

by A swedish kind of death on Wed Nov 4th, 2009 at 05:38:16 AM EST
[ Parent ]
There are a fair number of passerelle clauses in the treaty. So on policy, there is some room to move ahead.

Still, in 10 years we will have to start drafting a new treaty.

by nanne (zwaerdenmaecker@gmail.com) on Tue Nov 3rd, 2009 at 04:29:59 PM EST
[ Parent ]
Why do you think so?

This pseudo-constitution seems rather functional even for 40 countries.

Why do you think it would need another step closer to the full political union in 10 years?  What would malfunction?

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Tue Nov 3rd, 2009 at 04:49:29 PM EST
[ Parent ]
The basic problem is that there is a restricted number of policies that the EU can use, and that these do not necessarily correspond to the needs that we'll see in five or ten years.
by nanne (zwaerdenmaecker@gmail.com) on Tue Nov 3rd, 2009 at 06:16:10 PM EST
[ Parent ]
Can you elaborate?

You mean we are closer than I think because the EU institutions can change teh treaty without teh acceptance of the member-state? Or because it would be easier than I think to create the European congress-head of states (senate)-presidency (executive=comission) structures?

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Tue Nov 3rd, 2009 at 04:47:58 PM EST
[ Parent ]
My point is that the Lisbon Treaty is not self-amending, and that that is all that is missing for it to be a constitution.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 04:50:18 PM EST
[ Parent ]
that's an important point, underlined by our various discussions of the absurd need for unanimous ratification of any change (or, at best, of a new procedure for future changes).

In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (etg@eurotrib.com) on Tue Nov 3rd, 2009 at 05:00:28 PM EST
[ Parent ]
The need to agree unanimously to a self-amending treaty is not absurd.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 05:02:32 PM EST
[ Parent ]
it's just that this step has not happened for the EU yet.

In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (etg@eurotrib.com) on Tue Nov 3rd, 2009 at 05:31:16 PM EST
[ Parent ]
I agree that this is a key element to be considered a cosnitution, but shouldn't it include a certain power structure from the get-go to be considered one?.
Maybe the present power structure will still be a full political union if only the teatry would set a procedure based on European institutions (Comission, parliament and head of states)  to be amended, but it need to avoid the ratificaion by each one of the national parliaments.

At the end of the day, the treaty could say that it needs the ratification of all national parliaments, and then it would be no different than now.. and I would not call it a constitution.

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Tue Nov 3rd, 2009 at 05:20:03 PM EST
[ Parent ]
Giving the European Parliament at least some power to initiate legislation would be necessary for us in the 21st century to recognise the EU as a "proper" seat of sovereignty.

Back in the 18th century... not so much (cf. the Holy Roman Empire's "electors").

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Tue Nov 3rd, 2009 at 05:23:07 PM EST
[ Parent ]

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