Characteristics of the constitution of the European Union. Constitutional Treaty of the European Union. Reference. Russia and the Brussels bureaucracy

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Treaty on the Constitution of the European Union

1. History of the creation of the EU Constitution
2. a brief description of contents of the EU constitution
3. Main aims and democratic values ​​of the European Union
4. The organs and institutions of the EU and the foundations of its democratic life
5. EU Charter of Fundamental Rights

History of the creation of the EU Constitution

On October 29, 2004, the Heads of State and Government and the Ministers for Foreign Affairs of the Member States of the European Union signed in Rome the Treaty on a Constitution for Europe. This was the culmination of a process that was launched on behalf of the European Convention by the European Council in December 2001. The EU Constitutional Treaty was the culmination of a lengthy draft that was originally submitted to the European Council by Germany in 1999. In June of the same year, the European Council in Cologne decided to draw up a European Charter of Fundamental Rights of the EU. In addition, in Cologne, at a conference of the governments of the EU member states, it was agreed that this Charter would be framed by a corresponding treaty by the European Convention in Nice. Through this treaty, the European Union should be able to expand further by admitting new European countries. In December 2000, the European Council, through an agreement on the revision of treaties to adapt the institutions of the European Union to its enlargement, makes it clear that a broad and deep debate about the future of the EU must be launched. In December 2001, the European Council adopts a declaration on the future of the EU, which provides for three stages: the first stage is the holding of a broad debate, the second stage is the establishment of the conditions required for this and, finally, the third stage is the introduction of the necessary changes in the existing pan-European agreements. This declaration raises the most important questions on which the future of the EU depends:

• How exactly, in accordance with the principle of subsidiarity (additionality), to carry out the division of powers between the Union as a whole and its member countries and then ensure its preservation?
• What status should the Nice Charter of Fundamental Rights of the European Union have?
• How to achieve greater clarity, comprehensibility and simplification of pan-European treaties without fundamentally changing their content?
• What role should be given to national parliaments in the architecture of the European Union?

In fact, this declaration gave a signal for the development of a Constitution for EU citizens. To this end, it was decided to convene a European Convention, which should sum up the debate, discuss fundamental issues in connection with the future development of the EU and find the best steps to be reflected in the draft "Constitutional Treaty for Europe". At the same time, the Convention also had to find answers to the above questions. Therefore, the Convention held meetings from February 2002 to July 2003 and, as a result of its work, proposed a draft of this treaty, which became the basis for discussion at the Conference of the Governments of the EU Member States already in its expanded composition, i.e. 25 countries. On June 18, 2004, the European Council unanimously adopted the text of the EU Constitution.

The Agreement on the Constitutional Treaty is a significant integration step for Europe since the signing of the Treaty of Rome. The "Constitutional Treaty for Europe" ensures that the European Union will continue to develop and, even after its enlargement, can remain viable. After the signing of the Constitutional Treaty on October 29, 2004, it must be ratified by all EU Member States in accordance with the provisions of their national Constitutions. In particular, in Germany, this treaty was already ratified on May 12, 2005 through a parliamentary decision-making procedure in accordance with the Constitution (Basic Law) of the country.

The text of the EU Constitution consists of 4 sections:

ChapterI. Foundations of the European Union

ChapterII. EU Charter of Fundamental Rights

ChapterIII. EU policy areas and ways of working

ChapterIV. General and final provisions. Protocols and statements

Moreover, each section consists of several subsections and their articles.

Brief description of the content of the EU Constitution

(in questions and answers)

Question: Why do we need a new constitution? Are we not

satisfy the previous European treaties?

Answer: Of course, the European Union is still functioning quite successfully with the treaties in force today. But this system is very complex and for many people inaccessible and obscure. Therefore, the leaders of the countries of the European Union, a few years ago, instructed a team of experts to develop a single and simplified treaty, i.e. "Constitution of Europe". In 2004, work on the text of this treaty was completed. The text of the Constitution, drafted by experts, has absorbed the achievements in the legal field over the past 50 years. Thus, the structure and functioning of the European Union becomes more understandable and logical for each of its inhabitants. In addition, it became possible to simplify the decision-making process, which increases the efficiency of the Union's governing bodies. The Constitution makes the European Union more democratic, the role of its parliament and the parliaments of the countries belonging to the Union is strengthened, and citizens get the right to make their proposals and come up with new initiatives. All this gives grounds to assert that the Constitution of the European Union is a big step forward against previous treaties, and therefore brings significant benefits to citizens and countries of the European Union.

Question: Doesn't the so-called "super

European state?

Answer: No, by no means. Although the document developed by the experts is called the "Constitution", it is actually a normal international treaty concluded by sovereign states that continue to be responsible for their Union as a whole and therefore must ratify it. Article I - 1 of the Constitution leaves no doubt that the Union is formed, exists and is governed by the will of its citizens and states, and that it can act only within the framework of the powers transferred to it by its member states. Through the Constitution, the Union becomes stronger and more efficient without at the same time curtailing the powers of its member states. At the same time, nothing changes in terms of the fundamental relationship between the Union and its members, and significant changes to the Constitution are still possible only with a unanimous decision of all of them. According to Article I - 5, the Constitution of the Union categorically obliges to take into account the national identity of its member countries, including their regional and communal self-government bodies.

Question: Does the Constitution limit the sovereignty of member countries

Answer: As members of the Union, its individual states exercise their sovereignty jointly, i.e. they make common decisions in the areas in which they decide to cooperate. The Member States of the Union do this within the framework of its governing bodies (the European Parliament, the Council and the Commission), which are created for these purposes and endowed with certain powers and competences. This method of joint decision-making in the interests of all countries of the Union is called the method of collective work. Of course, this method extends not only to legal and political cooperation, but also to defense. Thus, the member states of the Union unanimously decided that in this way it is possible to better cope with the new challenges of reality.

Question: Does the Constitution take precedence over the national

Answer: Before, of course, but this is nothing new. The same applies to all currently valid treaties. Of course, we should be clear what this means. According to the Constitution, common European law as a whole (that is, the law of the member states of the Union jointly in the form of its Constitution and the legal provisions adopted by its governing bodies) takes precedence over the law of each country separately. However, firstly, by delegating certain powers to the bodies of the European Union and using the method of working together, the member countries of the Union created a binding legal position for themselves and their citizens. The legal provisions of the European Union are an integral part of the relevant national law and must be used by the judiciary of all member states of the Union. This circumstance, although established by the Constitution for the first time, is by no means new. On the contrary, the European Trial Chamber made it clear in its judgment as early as 1964. Secondly, common European law takes precedence only in those areas in which powers and competences have been transferred to the European Union by its member states. Those. this concerns national legal provisions only when they come within the competence of the entire Union.

Question: Does the Constitution establish geographic boundaries

European Union?

Answer: In essence, no. Article I-1 states: The Union is open to all European countries that respect its values ​​and undertake to promote them jointly. Because The Constitution lacks a mandatory legal relation definition of the concept of "European", then the presentation of this article deliberately does not use geographical, historical and political considerations. More importantly in this regard, countries wishing to join this Union must recognize the values ​​established in Article I-2, namely: respect for human dignity, freedom, democracy, equality, the principles of the rule of law and respect for human rights, including the rights of persons belonging to a minority. Consideration should also be given to Article I-57 of the Constitution on special relationship which the Union can develop with countries in its neighbourhood.

Question: Does the constitution facilitate accession to the European Union

new members?

Answer: No, by no means. As before, for the entry of new countries into the European Union, first of all, the unanimous decision of the countries included in it and the consent of the European Parliament is necessary. After the completion of negotiations on this issue, all member countries of the Union and the applicant country enter into a formal agreement on this and ratify it in accordance with Article I-58. In fact, the criteria for admitting new countries to the European Union are becoming stricter than before. Under Article I-58, the applicant country must recognize the fundamental values ​​of the Union set out in Article I-2 and commit itself to promoting their implementation in practice.

Question: Why was not included in the final text of the Constitution

a religious issue (in particular, the patronage of God)?

Answer: The constitutions of some countries contain the traditionally obligatory reverence, the patronage of God. In the course of discussions on the text of the European Constitution, several governments argued for the inclusion of references to God or Christian traditions. Other governments, in turn, pointed to the secular (secular) nature of their states and their neutrality in relation to religion and spoke out against the name of a particular religion in the European Constitution. According to its preamble, the European Union draws from the cultural, religious and humanitarian heritage of Europe. This neutral wording is more than enough than referring to a particular religion, which could be perceived as a divisive factor among European citizens. On the basis of Article I-52 of the Constitution, the European Union furthermore undertakes to engage in an open, transparent and regular dialogue with churches and religious associations, just as they do with civil society. From now on, the Constitution establishes definitively the right of every person to freedom of thought, conscience and religion based on the Charter of Fundamental Rights (Article II-70).

Question: Does "Brussels" receive, on the basis of the Constitution,

more opportunities for independent decision-making?

Answer: No, just the opposite. In the Constitution, by clearly indicating the competence and subordination of its bodies, excessive and unnecessary centralization is prevented. Further, under the Constitution, the principle applies that the Union exercises only those powers that are transferred to it by it (Article I-11). Therefore, the Union (i.e. the so-called "Brussels") cannot act in an area in which it, by the will of all its member states, does not have competence. The differences between the three types of powers of the European Union (EU) should be clearly seen and understood:

• The EU has exclusive powers in the field of the customs union, common trade and monetary policy in the Eurozone (Article I-13);
• The EU shares its powers with its member states in many other critical areas, such as the protection environment, consumer protection, transport, energy and domestic market (Article I-14);
• in other areas such as general education or sport, the EU can of course support, coordinate and complement the measures of its member states (Article I-17).

The Constitution also establishes that the European Union respects the national identity of its member states, including their regional and communal self-government structures (Article I-5). The principle of subsidiarity (additionality) enshrined in the Constitution states that the EU can act only when the objectives of the measures implemented by its member states on the central, regional or local plane cannot be sufficiently achieved (Article I-11). With the help of the Constitution, national parliaments for the first time are entitled to new and important control functions. This ensures that the European Commission takes full account of the principle of subsidiarity when formulating proposals for legal acts.

Question: Is it simplified and improved by the Constitution

decision making process?

Answer: Yes. We have already pointed out above that there are three types of competence of the European Union in the Constitution. Thus, its citizens can easily establish who is responsible for what and makes decisions (Article I-12). The EU Constitution contains 6 types of legal acts (Article I-33). According to it, the procedure of joint decision-making extends to almost all areas of policy. Concretely, this means that the European Parliament and the European Council jointly make most decisions and share legislative powers in almost every area of ​​policy. At the same time, by means of the Constitution, the procedure for voting in the Council is simplified by using the procedure of the so-called. "qualified majority". This means that in the future a decision is made when 55% of the Member States, representing 65% of the population of the Union, support it.

Question: What changes through the EU Constitution for the ordinary

citizen?

Answer: The Constitution confirms the provisions on the nationality of its member states contained in the treaties currently in force in the European Union, which are generally accepted. According to Article I-10, all EU citizens have the right to:

• move freely within the territory of the European Union and stay there;
• in those Member States in which they live, to exercise active and passive suffrage in elections to the European Parliament and in communal elections on the same terms;
• benefit from the protection of diplomatic services when staying in third countries;
• submit petitions to the European Parliament;
• contact European authorized persons, authorities and services;
• when making inquiries, use the official language of the relevant EU Member State and receive a response in the same language.

In addition, the Charter of Fundamental Rights of the European Union (Chapter II) is enshrined in the EU Constitution.

Question: To what extent does the EU Charter of Fundamental Rights strengthen the rights of citizens of the European Union? How does this charter work in our daily lives?

Answer: Adopted in 2000 in Nice, the EU Charter of Fundamental Rights contains about 50 articles that apply to all citizens of the European Union and cover the following areas of law: human dignity, freedom, equality, solidarity, civil and legal rights. Through their inclusion in the Constitution, the Charter becomes legally binding. The rights established by the Charter derive in part from traditional rights guaranteed by the European Convention on Human Rights. At the same time, some articles contain clear prohibitions, for example, article II-62, through which the death penalty cannot be applied in the Member States of the Union. Other articles contain, in turn, declarations of intent by which the Union, for example, must ensure a high level of consumer protection (Article II-98) or a high level of environmental protection (Article II-97). These articles must, of course, be given due legal effect by appropriate regulations. The EU Member States and its bodies must respect the rights enshrined in the Charter, and the European Court of Justice shall ensure that these obligations are actually fulfilled. All these provisions are aimed at guaranteeing the rights and freedoms of citizens of the European Union, and not in any way expanding its powers.

Question: Will citizens be able to apply with initiative proposals?

zhenii to the bodies of the European Union?

Answer: Yes, and it means a big step forward for democracy. According to Article I-47, for the first time in history, citizens of the countries of the European Union are given the opportunity to take the initiative and, thereby, to participate in the decision-making process of its bodies. If EU citizens believe that in order to implement a particular article of the Constitution, it is necessary to adopt an appropriate legal act, they can demand from the EU Commission (within its powers) to prepare the proposal necessary for this. Such an application for the preparation of a legal act is accepted from citizens numbering at least one million people. The European Citizenship Initiative can fall within any area of ​​EU competence, for example, in terms of protecting children from unfair and harmful information on the Internet, in terms of nature conservation, consumer product labeling, health, workplace safety, etc. etc. Of course, the EU Commission is not automatically obliged to follow the civil initiative, since it operates under certain conditions established by the EU Constitution. But in any case, the Commission must consider the proposal received by it within the framework of the civil initiative, and give an answer to it within the established time limits.

Question: Will the national parliaments of the EU member states be able to take part in the discussion of certain issues relating to the entire European Union?

Answer: Yes, definitely. For the first time, national parliaments have the opportunity to directly participate in the decision-making process of the EU. This participation occurs not only during the development of a project for one or another legislative act EU, but even at an earlier stage, when preparing proposals for it. Each draft piece of legislation must be approved by all EU member states. At the same time, parliaments can (within 6 weeks) check whether the principle of subsidiarity has been observed in the preparation of the project. In addition, parliaments may also examine to what extent the provisions of the project are in the national interest, whether they should be implemented throughout the EU or only in certain of its countries, whether the EU Commission exceeds its powers in developing the project. If a quarter of the parliament of any EU member state (and in the field of freedom, security and law - even a third of it) comes to the conclusion that a draft legislative act does not comply with the principle of subsidiarity, then it is subject to processing by the EU Commission. Of course, the EU Commission can insist on its own draft, but in practice one can hardly ignore the opinions of national parliaments. Thus, the EU Constitution gives the right to national parliaments to use the so-called. as a yellow card effective tool when making common decisions.

Question: Will the EU Constitution weaken the achievements of individual

countries in the field of social protection of their citizens?

Answer: No way. In each EU member state, legal provisions in the field of social protection of its citizens are fully preserved. It should be said that the concept of “social” is mentioned 89 times in the EU Constitution, which indicates a great attention to this issue in it. Not only will the position of citizens in terms of their social protection not worsen, but, on the contrary, will improve with the adoption of the EU Constitution. The fact is that all issues related to the problem of social protection of employees who leave their country or come to another EU country will be resolved jointly and legal provisions agreed upon by all EU member states on this issue will be adopted. The general objectives of the European Union under Article I-3 include the achievement of a competitive socially oriented economy in each of its countries, the full employment of their populations and the social progress of their societies. The EU has the power to coordinate economic and employment policies in its member countries (Article I-15), and therefore also to coordinate social policies. The purpose of this policy is to ensure a high level of employment, adequate social protection and the fight against social inequality (Article III-117). In addition, an integral part of the EU Constitution is the Charter of Fundamental Rights, which contains the section "Solidarity". All this suggests that in the social field, employees of any EU member state can expect respect for their rights to be informed and heard, to collective bargaining and collective action, to protection against unfair dismissal and access to social support and protection. .

Question: Does the EU Constitution pose a danger to its

government services?

Answer: No. For the first time in the history of the European Union, its Constitution recognizes an independent legal existence for the public services of the EU. This points to their central role in promoting social and regional cohesion in the EU (Article III-122). According to the Solidarity section of the Charter of Fundamental Rights, the EU must recognize and take into account the need to create public services of general economic interest. Therefore, the EU Constitution requires its Member States to take care to create the necessary conditions for the efficient operation of such EU public services. Thus, in the section "Transport" it is clearly established that the assistance of all EU member states is necessary in the issue of coordinating transport communications on its territory and paying for the use of roads and railways through the creation of an appropriate public service (Article III-238). Article III-122 of the EU Constitution deals with the principles and conditions for the creation and operation of public services of general economic interest, as well as their financing by EU member states.

Question: Will the EU Constitution protect the achievements of the European

Union in the field of environmental protection?

Answer: Yes, in full. According to the Constitution, one of the goals of the EU is the continuous development of measures in the field of environmental protection and improvement of its quality (Article 1-3). Although the European treaties on this issue are already aimed at the implementation of an appropriate long-term program of measures, nevertheless, this concept in the EU Constitution is getting a clearer sound. It emphasizes that the problem of environmental protection is not one of the ordinary, but the central goal of the European Union within its international relations(Article III-292). The environment is the area in which the EU shares its powers with all its member states. The European Union can only act in such a way as to clearly follow the objective set out in its Constitution: the conservation and protection of the environment and the improvement of its quality for human life, the protection of human health, prudent and rational use natural resources, promoting action by its member countries in their regional and global efforts to address all environmental issues. The EU constitution contains a section on energy for the first time. The objectives of the EU in this area include ensuring the efficient functioning of the energy market and, above all, guaranteeing the supply of energy, promoting the efficiency of its use and savings, as well as the development of new and renewable energy sources. Further, the EU Constitution contains the so-called. solidarity condition (Article 1-43), according to which the European Union as a whole and its member countries must act together in a spirit of solidarity in cases where a natural or man-made disaster or a catastrophe causing damage to people befalls any of its countries.

Question: Does the EU Constitution strengthen Europe's role in the world?

Answer: Yes, without a doubt, and this is one of its most important achievements. All the provisions on the relations of the EU with the rest of the world contained in the current European Treaties are included in the final fifth section of the EU Constitution. This ensures continuity and better readability of these treaties. The EU Constitution also enshrines the principles and objectives of the European Union in the field of foreign policy, namely: democracy, legal statehood, universal legality, indivisibility of human rights and fundamental freedoms, respect for human dignity, principles of equality and solidarity (Article III-292). According to the EU Constitution, the post of Minister of Foreign Affairs is created, which should carry out the high representation of the European Union in Councils of any level in order to coordinate the foreign and security policy of the EU. This enhances the role of the EU in the world and at the same time allows for a more effective promotion of common European interests in the implementation of this policy. The EU Constitution also creates its own legal grounds for providing humanitarian aid and in the field of foreign policy the use of the principles of impartiality, neutrality and overcoming discrimination is being strengthened. In addition, the EU Constitution lays down the principles for the creation of the European Volunteer Corps for the provision of humanitarian assistance (Article III-321).

Question: Does the EU Constitution provide for the creation of a European

Answer: No. According to the EU Constitution, the common security and defense policy is an integral part of its foreign policy (Article I-41). Further, the member states of the EU are constitutionally obliged to provide it with civilian and military facilities to carry out this policy. At the same time, the EU Constitution clearly states that the Council in this area of ​​activity of the European Union must take all decisions only unanimously. In addition, each EU member state has the right to veto. This Council may delegate to a group of EU Member States the implementation of disarmament measures, the implementation of humanitarian tasks and the use of rapid reaction forces, the tasks of military advice and support, and the tasks of maintaining peace (Article III-310). Non-EU countries may also be forced to be involved in this mission. All EU member states can optionally participate in the work of the defense agency (Article III-311). Also, only those EU Member States who wish to do so and who fulfill the relevant criteria in relation to their military capability and agree to the required obligations may take part in cooperation in permanent structures in the field of security and defense (Article III-312). Member States may at any time own will withdraw from permanent defense cooperation structures.

Question: Why is the EU constitution ratified by member countries

European Union through various procedures?

Answer: Each country can decide whether to ratify the EU Constitution in accordance with its constitutional and legal provisions through a vote in parliament or a popular referendum. In the case of voting in the national parliament, the procedure depends on the structure of the state and its parliament. Some parliaments (such as in Greece) consist of only one chamber, others, on the contrary (such as Germany), consist of two chambers, in each of which a vote must be taken. In some EU member states, as in Belgium, the EU Constitution must be adopted by the regional people's constituencies. And in countries such as Denmark, France, Ireland, Luxembourg, the Netherlands, Poland, Portugal, Spain, the Czech Republic and the UK, a popular referendum is required or has been decided. At the same time, such a referendum in Luxembourg, the Netherlands, Spain and the UK is advisory in nature and has no legal necessity. However, of course, the governments of these countries cannot ignore the results of the referendum; fail to respect the will of the people.

Question: What happens if the EU Constitution is rejected?

Answer: The Treaty on the EU Constitution comes into force only after it has been ratified by all 25 member states of the European Union (Article IV-447). There is no official rule for failure to ratify it. Of course, the leaders of the EU member states and their governments made a political commitment to discuss this issue in the European Council and try to find a solution in such a way that within two years after its signing it would be ratified by 4/5 of the EU member states, and in those countries where ratification difficulties arose, one could find political opportunities overcoming them. One could, for example, try to ratify the EU Constitution through a second procedure, or solve this problem by convening a conference of governments of EU member states, or suggest other ways on a case-by-case basis.

Question: Can in case of failure with the ratification of the Constitution

EU group of member countries of the European Union to undertake in

further other steps within the framework of enhanced cooperation?

Answer: Yes, it would be possible, but on the basis of the current European treaties and on strictly defined conditions. If one or more EU member states fail to ratify its Constitution, then the provisions of these treaties will still remain in force and all 25 EU member states will still form the European Union in its current form. According to Article 43 of the agreement signed in Nice, EU member states can start working together on strictly defined conditions to find a solution to the problem. First of all, at least 8 EU member states should start such work. Moreover, this increased cooperation in order to find a way out of the difficulties encountered is accepted as a last resort in the event that the European Council comes to the conclusion that, on the basis of the relevant provisions existing agreements it will not be possible to achieve the desired goal in a reasonable time. The conditions for such joint work are the need to remain within the competence of the European Union, to take into account the powers, rights and obligations of those EU member states that do not participate in such cooperation, and, most importantly, to promote the goals of the existence of the EU.

Question: Is the EU Constitution the so-called. "document for eternity

time"? Can it ever change?

Answer: The EU Constitution, like any other document of an international treaty, can be amended at any time according to a certain procedure. After its entry into force, the provision that the government of an EU member state, the European Parliament or the European Commission can at any time make proposals to change the EU Constitution (Article IV-443) is in principle valid. The proposed changes must first of all be clarified at the Convention, then they must be unanimously accepted by all EU Member States and thereafter ratified by them in accordance with the constitutional provisions in each of them. This provides for two simplified procedures for amending the EU Constitution. According to the first procedure (Article IV-444), in a certain area of ​​the provisions of the EU Constitution, when deciding on changes to them, a qualified majority can be dispensed with instead of full unanimity, or instead of a special legislative procedure, use the ordinary procedure. But this presupposes a preliminary unanimous decision by the European Council and a vote in the European Parliament. The second simplified procedure for amending the EU Constitution (Article IV-445) refers to its provisions in terms of internal political activity European Union and therefore requires only a unanimous decision of the European Council, without convening a Convention for this.

Let us consider in more detail the foundations of the European Union, set out in the first section of the treaty on its Constitution.

Main aims and democratic values ​​of the EU

(ChapterI. EU Constitution)

The EU Constitution Treaty is preceded by a preamble that, among other things, recalls the cultural, religious and humanitarian heritage of Europe and appeals to the will of its peoples to overcome past contradictions, the arrogance of their national identity and history, and to shape their destiny, their future together. Article I-1 provides the rationale for the EU Constitution, whereby EU member states delegate to the European Union the powers to carry out their common purposes. The EU coordinates the policies of its member states to achieve these goals and exercises the powers conferred on it by the Constitution.

The European Union is based on the following democratic values: respect for human dignity, freedom, democracy, equality, the rule of law and the protection of human rights, including the rights of individuals belonging to a minority. Article I-2 also emphasizes that public life in EU member states is based on pluralism of opinions, exclusion of discrimination in all its forms, tolerance, justice, solidarity and equality between women and men. According to Article I-58, without respect for these values, the entry of new countries into the EU is unacceptable, and if they are violated by any EU member state, according to Article I-59, expulsion from the Union is possible.

According to Article I-3 of the Treaty on the Constitution of the EU, the main purpose of its existence is to ensure peace, democratic values ​​and the well-being of peoples in all its member countries. This general goal is complemented by a number of specific goals for EU action, namely:

• creation and maintenance of a space of freedom, security and law without internal restrictions;
• sustainable development of Europe based on balanced economic growth and price stability, a highly competitive socially oriented economy, aimed at full employment and social progress, as well as high environmental protection and improvement of its quality;
• promotion of scientific and technological progress;
• combating social exclusion and discrimination, promoting social justice and social protection, equality between women and men, solidarity between generations and protection of children's rights;
• promoting economic, social and territorial unity and solidarity among member countries.

In addition, the EU promotes the preservation of the richness of cultural and linguistic diversity and takes care of the protection and development of the cultural heritage of Europe, as well as the development of relations with the rest of the world based on the democratic values ​​of the EU. That is why the foreign and security policy of the European Union is based on such goals as peace and security, global long-term development, solidarity and mutual respect of peoples, free and fair trade, the elimination of poverty, the protection of human rights, including the rights of children and the further development of international law. (based on the Charter of the United Nations).

Article I-4 of the EU Constitution guarantees the free movement of persons and the circulation of goods, services and capital throughout the European Union and prohibits discrimination on the basis of nationality of any of its member states. With regard to relations in this regard between the Union and its member countries, according to Article I-5, the provisions of the current pan-European treaties are preserved. In particular, they deal with respect for national identity, as well as fundamental political and constitutional legal structures, as well as domestic legislation in each EU member state.

Article I-6 points to the primacy of European Union law over the law of its individual member state. This provision is already recognized today by the European Court of Justice as a basic principle and a central element of the way the EU works and is used in its legal practice. Article I-7 contains the legal personality of the European Union. By merging the European Community with the European Union, the latter acquires the right to conclude international agreements within the framework of its powers that are transferred to it by the member countries, without asking them.

Article I-8 gives the EU symbols:

• a flag on which a circle is drawn with 12 gold stars on a blue field;
• an anthem created on the basis of "Ode to Joy" from the symphony of the same name by Ludwig von Beethoven;
• the motto that sounds: "In diversity - unity";
• currency, which is Euro;
• May 9th, on which the EU celebrates Europe Day, commemorates the declaration of Robert Schuman, who in 1950 launched the initiative for European integration.

With regard to the protection of fundamental rights, the EU Constitution represents a significant step forward. According to Article I-9, the EU Constitutional Treaty takes over guaranteeing the fundamental rights of the inhabitants of the countries of the European Union and points to the European Convention for the Protection of Human Rights and Fundamental Freedoms as a common constitutional tradition of its countries. This article also provides an opportunity for the formal accession of the EU to this convention. Fundamental human rights thus become part of the general principles of the existence and functioning of the EU.

Article 1-10 deals with the rights that follow from union citizenship (Unionsbürgerschaft), namely:

• the right to free movement and residence;
• active and passive suffrage in the European Parliament, as well as in communal elections;
• the right to protection through diplomatic and consular posts;
• the right to apply to the European Parliament and to the European Civil Commissioners;
• the right to apply to the EU body and institutions in any of the languages ​​included in its Constitution and to receive responses in the same language.

The same article also points out that all-Union citizenship joins national citizenship, but does not replace the latter.

The organs and institutions of the EU and the foundations of its democratic life

The text of the EU Constitution provides for a reshaping of the fundamental institutional scheme of the European Union, which is currently based on five of its bodies (the European Parliament, the European Council (composed of heads of states and their governments), the European Commission, the European Court of Justice and the European Court of Auditors) and, in addition to In addition, it includes the European Central Bank and three important new institutions (the European Economic and Social Committee, the European Committee of the Regions and the European Investment Bank), as well as the Office of the European Commissioner and the Office of the EU Minister for Foreign Affairs.

European Parliament is a directly elected representation of the citizens of the European Union, although this body of the EU does not yet have rights equal to those of the national parliament. However, the powers of the European Parliament in the course of the history of the EU gradually expanded, and at present this body is endowed with legislative, budgetary and control rights.

- Legislative rights . Parliament can change the so-called. joint consideration and decision-making of draft laws submitted by the European Commission, or reject them if certain profiling councils of ministers of the EU member states (i.e. councils consisting of ministers of a certain sector of the national economy or area of ​​life of society of the EU member states) express disagreement with these changes, or adopt draft laws if he agrees with their proposals regarding changes to laws. The European Parliament may require the European Commission to develop proposals for draft laws if, in its opinion, this is in the interests of the entire European Community.

- budget rights. The European Parliament, together with the Council of Ministers of Finance of the EU member states, discusses the draft EU budget and adopts it. The European Parliament can increase (albeit to a limited extent) the financial resources allocated from the EU budget for the most important areas of social and regional policy (for example, in the field of Agriculture or environmental protection, etc.), scientific and technological progress, or change the allocation of funds. To cover the so-called. mandatory, urgent expenses, which are provided for by pan-European treaties, the European Parliament can propose changes, which, of course, must be agreed with the Council of Ministers of Finance of the EU member states. But Parliament can also reject the draft EU budget. With the participation of the Court of Accounts, the parliament also checks the execution of the EU budget and may issue (or not issue) a loan to the European Commission.

- Control rights. The European Parliament has extensive control over this Commission. First of all, the parliament must agree with the candidacy of the President of the European Commission nominated by the EU member states. And this Commission itself can begin to fulfill its duties only after the Parliament has checked all its candidates (to express a vote of no confidence when nominating a candidate, 2/3 of the votes of the Parliament are required, and to send the current member of the European Commission to resign - a simple majority of votes). The European Parliament has the right to demand from the Council of Ministers or the European Commission any information (in writing or orally), as well as monthly attendance at the so-called. "Question and Answer Time" The European Parliament debates and votes on the programs of work or the annual reports of the European Commission, on statements made by the President of the European Council before the Plenum of the European Parliament at the beginning and end of his term (which lasts 6 months). At the end of the debate, Parliament adopts a resolution assessing the work of the European Council. The European Parliament has the right to appoint investigative committees that check possible violations of the rights of EU member states.

International treaties of the European Union, as well as decisions on accession to it or agreements on accession to it, can enter into force only after their approval by the European Parliament. It also participates in the development and implementation of the common foreign and security policy of the EU. To this end, the Parliament may put relevant questions before the Council of Foreign Ministers of the EU Member States and express its opinion and recommendations to it. Every year, the European Parliament holds a discussion of all issues of this policy. He is doing similar work in the field domestic policy and justice of the European Union.

The European Parliament elects a president from among its deputies for each half of its term of office (i.e. for 2.5 years). Its deputies unite in factions, which represent separate large parties and political directions, but on an interstate basis, and within factions, deputies can form separate groups. In addition, 17 profiling committees are created from among the deputies on certain areas of EU policy as a whole. Each year, the European Parliament holds a two-week plenary session, and committees and factions meet to discuss as needed. The European Parliament has a general secretariat of 3,500 employees (to prepare all the necessary documentation in the languages ​​of all EU member states) and information offices in each of the capitals of the EU member states.

European Council (Dereuropä ischeRat- ER) consists of heads of states and governments of EU member states.

This Council should be distinguished from the councils of ministers of the EU member states (EU-Ministerrat) and the Council of Europe (Europarat) of European states, regardless of their membership in the EU. Councils of Ministers are formed from ministers of the EU member states who head sectoral ministries (for individual sectors of the national economy, for example, transport, or for areas public life e.g. internal affairs). Such councils meet as needed to discuss emerging pan-European problems and develop recommendations for their solution. Unlike Councils of Ministers, the European Council meets regularly, at least twice a year. The Council of Europe, unlike the European Council of EU member states, is an independent body that represents European countries, both members of the EU and non-members of it. The Council of Europe, which includes representatives of 46 European countries, discusses all issues at parliamentary sessions (the so-called PACE).

The European Council has a special position in the decision-making structure of the European Union. This Council is the first to consider domestic and international agreements and propose them for discussion or for control over the implementation of other EU bodies. The European Council also resolves controversial issues that cannot be clarified by the councils of ministers of the EU member states. Of course, this Council does not deal with the day-to-day affairs of the EU, but only with matters of great importance for its future. That is why the European Council develops the political goals of the EU. The complexity of the issues often requires considerable time for consultations, therefore, along with regular meetings (twice a year - at the beginning and at the end of his next presidency, which is performed in rotation by the leaders of all EU member states), the European Council holds special meetings at the urging of the respective president Council. As a rule, the Minister for Foreign Affairs of the EU and the Ministers for Foreign Affairs of the EU Member States, the President of the European Commission and such members as are necessary for the discussion of the issue are also present at all meetings of the Council. Based on the results of the work of the European Council, a final communiqué is drawn up and published. The President (President) of the European Council informs the European Parliament after each meeting and submits to it a written report on the progress made. In turn, members of the Council report on its work to national parliaments.

The duties of the Chairman (President) of the European Council are performed in turn by the heads of states and governments of the EU member states for 6 months. There is a corresponding department under the chairman. The President of the European Council represents the European Union as a whole at international level.

Councils of the European Union (sectoral councils of ministers of EU member states) play an important role in the legislative activity of the EU. These councils decide on the relevant draft laws, as well as regulations, guidelines for their implementation, which are developed by the European Commission. Councils also discuss topical issues according to your profile; decisions are taken either unanimously or by a qualified majority (the latter is important when there are a large number of EU member states in order to avoid overcoming the right of veto by one of them). But when considering such critical issues as the right to seek political asylum and immigration to EU countries, its structural, trade and tax policies, decisions are made only unanimously.

European Commission (EU- Commission) is the executive body of the European Union. It is the guardian of the treaties adopted in the EU, and is obliged to monitor how individual EU member states comply with their obligations under these treaties. The term of office of this Commission is 5 years, it holds its meetings in Brussels. The European Commission develops proposals for all-Union laws (ie regulations, guidelines, decisions), the draft EU budget and monitors its implementation, as well as the allocation of funds for structural incentives. In essence, the European Commission manages EU money. The European Commission consists of 25 people - one commissioner from each EU member state. The Commission is headed by the president, whose candidacy is proposed with the general consent of the governments of the EU member states, and approved by the European Parliament. Commissioners are obliged to respect the interests of the entire European Union, but they carry out their work regardless of the interests of the country they represent in this Commission. Decisions in the European Commission are made by a majority of its members.

European Court of Justice is the body of justice (judicial body) of the European Union. The task of this body is to ensure that EU rights are observed in the development and application of its main treaties, as well as those legal acts (regulations, instructions) that are issued by EU bodies. The European Trial Chamber is represented by one judge from each EU Member State, with 8 other Principal Counsel supporting the work of the Trial Chamber in the administration of justice. The guardians of rights exercise their powers for 6 years, but every three years at their sessions a partial new induction can be carried out, as agreed by the governments of the EU member states. The European Court of Justice has the following functions:

As the Constitutional Court, it resolves disputes between EU bodies and in the control of competence in its course of legislative activity;

As an administrative court, it checks whether the administrative regulations and actions of the European Commission and the public authorities of the EU Member States are in accordance with its law;

As a labor and social tribunal, it decides on matters relating to the freedom of movement of citizens of EU member states, the social security of their employees and the promotion of equality between women and men in working life;

As a criminal court, it reviews decisions on the collection of monetary fines by the European Commission;

As a civil court, it rules on claims for damages and in the interpretation of the Brussels Convention and the recognition and enforcement of judgments in civil and commercial affairs.

The European Court of Justice may call the relevant natural or legal persons who directly or indirectly represent the interests of individual EU Member States or its bodies; in turn, any of its citizens can apply to it.

European Court of Auditors checks the legitimacy and expediency of all income and expenses of the European Union bodies. This chamber makes sure that the EU has all its cash used according to the principles of economic efficiency for the purposes envisaged by it. The same applies to pan-European programs that are intended to assist in the development of countries outside the EU. The Court of Accounts, like all other EU bodies, openly present all their documents that they use in their audits. If, on the contrary, she is refused to provide any document, she can apply to the European Court of Justice. Each EU member state has one representative in the European Court of Auditors, whose term of office is 6 years. All activities of this chamber are completely independent from other bodies of the EU and its member states. At the end of the budget year, the Accounts Chamber publishes a report on the audit of budget execution. The results of the audit are submitted to the Council of Ministers of Finance of the EU Member States and to the European Parliament.

European Committee for Economic and Social Affairs advises the European Commission and EU sectoral councils of ministers in drafting laws. This committee holds hearings on issues in the field of agriculture, transport, environmental protection, consumer protection, education, culture, health, social security, etc. to develop appropriate proposals. The Committee represents the interests of both employers and farmers, as well as employees and consumers of services and goods, as well as other groups of the population of EU member states. It consists of 317 experts sent at the suggestion of EU member states by its governments. The term of office of committee members is 4 years.

European Regional Committee is also an EU advisory body. This committee was created with the aim of establishing a direct link between the bodies of the European Union and its regions; it works in the same areas as the previous committee, but from the point of view of the interests and needs of individual regions of the EU member states and taking into account their experience. In terms of composition and terms of office of their expert members, both committees are the same, but they do not represent individual EU countries as a whole, but individual communes, districts, cities and communities of these countries.

Office of the European Civil Commissioner (Dereuropä ischeBü rgerbeauftragte) is an intermediary between individuals and legal entities of the EU member states and its bodies (with the exception of the European Court of Justice, which should be addressed directly). This office receives and processes complaints (claims) from citizens of EU member states and their legal entities, conducts the necessary study of the circumstances of the case and then transfers it to the appropriate EU body. All EU bodies are obliged to provide the necessary information and documents at the request of this department (except in cases where these documents constitute state secrets). The Office may also apply to the relevant institutions, EU institutions for advice and expert analysis of the circumstances of the case. At the same time, all institutions must inform the agency of their reasoned opinion within three months. The European authorized person in his work is independent of the governments and parties of the EU member states and is accountable only to the European Parliament (by which he is appointed to this position for a period of 5 years), where he periodically reports the results of his work with complaints.

European central bank is an integral part of the European System of Central Banks of the EU member states. The main task of this bank is to ensure the stability of the Euro currency, in the performance of which the central bank is independent both from other EU bodies and from its individual member countries. In general, the European banking system is designed to develop and implement the EU monetary policy, to conclude foreign exchange transactions and manage foreign exchange reserves. But, of course, these common tasks are limited so far only to the member countries of the monetary union. The highest governing body of the European Central Bank is its Council. It includes members of the directorate of this bank and the presidents (chairmen) of the national central banks of the countries participating in the monetary union. The directorate executes the decisions of the council and gives instructions to the national banks of issue (which are usually the central banks of the countries). The President, Vice-President and members of the Directorate of the European Central Bank are appointed by the European Council on the recommendation of the Council of Ministers of Finance of the EU Member States and are accountable to the European Parliament, which has the right to hear the activities of the Directorate. The chairmen (presidents) of the national banks of issue can be re-appointed to the Council of the European Central Bank every 5 years of operation. On the contrary, 6 members of the directorate exercise their powers only once during 8 years.

European Investment Bank is the funding institution of the European Union. All EU member states participate in this bank as a share owner. The bank consists of a board of governors, an administrative board, a directorate and a control committee. An investment bank, according to the Rome Treaty of 1958, can acquire funds through loans (loans) in the capital markets. The main task of this bank is to finance public and private investments intended for the development of the economy of the EU member states. This is about increasing the competitiveness of European industry, especially small and medium-sized enterprises, expanding and modernizing the trans-European infrastructure (road and railway networks, energy and communication networks), implementing environmental measures and protecting the urban environment, improving healthcare and education, development of information technologies and scientific research. The bank's assets are directed mainly to particularly backward regions of Europe. In addition, this bank promotes the development of the countries of the Mediterranean basin, some Asian and Latin American countries with which the EU countries cooperate in the commercial and industrial field on a reciprocal basis. At the invitation of the European Parliament, the bank takes part in the work of some of its committees, which need the assets of the bank to implement the projects they are developing. The investment bank also participates in the preparation of sessions of the European Council, prepares reports for it on its contribution to the implementation of the goals of the EU and on the prospects for its development.

Fundamentals of democratic life in the EU are governed by Chapter VI of the first title of the EU Constitution. This chapter consists of 8 articles that deal with representative democracy and democracy of direct participation of EU member states, their institutions and residents in the affairs of the European Union, transparency of all decisions made and actions taken by EU bodies and institutions, access to their documents, protection of personal information , the status of the European Civil Commissioner, and also mention the role of the social partners and the church in the life of the EU.

principle of representative democracy is implemented by sending representatives of citizens of an EU member state by direct voting as their deputies to the European Parliament, as well as the participation of national governments in the work of the European Council and sectoral councils of ministers and the hearing by national parliaments of the reports of their deputies of the European Parliament.

The principle of direct participation citizens of EU member states in its affairs is implemented, among other things, by submitting petitions (appeals) to the European Commission, which must be signed by citizens of several EU countries. In the event that the number of signatory citizens is at least one million people (Article 1-47), the European Commission may require the European Parliament to consider it as a legislative initiative of EU citizens.

Charter of Fundamental Rights of Citizens of the European Union

(Section II. EU Constitution)

This Charter constitutes the second section of the Treaty on the Constitution of the EU. This section has 7 chapters, each of which consists of several articles.

Chapter I . Human Dignity

ArticleII-61. Human Dignity

Human dignity is inviolable. It must be respected and protected.

ArticleII-62. The right to live

Every person has the right to life. No one can be sentenced to death or executed.

ArticleII-63. Right to immunity

Every person has the right to physical and spiritual integrity.

Within the framework of medicine and biology, the following consequences must be taken into account:

• voluntary consent of the relevant person after prior clarification in accordance with the details prescribed by law;
• prohibition of eugenic practice, first of all, that which pursues the goal of selection of people;
• prohibition to use human body and its parts for profit;
• prohibition of reproduction of human clones.

ArticleII-64. Prohibition of torture and inhuman or degrading punishment or act

No one may be subjected to torture or inhuman or degrading punishment or action.

ArticleII-65. Prohibition of slavery and forced labor

No one can be turned into slavery or serfdom.

No one can be forced to do work out of compulsion or duty.

Human trafficking is prohibited.

Chapter II . Freedom

ArticleII-66. Right to liberty and security

Every person has the right to freedom and security.

ArticleII-67. Respect for private and family life

Every person has the right to respect for his private and family life, his home and his social circle.

ArticleII-68. Protection of personal data

Every person has the right to the protection of personal information concerning him. This information may only be processed in good faith for the stated purposes and with the consent of the person concerned, or only on a legitimate basis regulated by law. Each person has the right to receive information about the information collected on him and the right to seek their correction.

Compliance with this provision is monitored by an independent institution.

ArticleII-69. The right to marry and form a family

The right to marry and the right to form a family is guaranteed under the laws of each country which govern the exercise of this right.

ArticleII-70. Freedom of thought, conscience and religion

Every person has the right to freedom of thought, conscience and religion. This right includes freedom to change one's religion or opinion, and freedom, by oneself, alone or in community with others, in public or private, to manifest one's religion or opinion, through religious service, occupations, customs and traditions.

Right to opt-out military service conscientious objection to arms is recognized by the laws of individual countries which govern the exercise of this right.

ArticleII-71. Freedom of expression and freedom of information

Every person has the right to freedom of expression. This right includes freedom of opinion and freedom to receive and impart information and ideas without state interference and without regard to frontiers.

Freedom of means mass media and or pluralism is respected.

ArticleII-72. Freedom of assembly and association

Every person has the right, above all, to freely and peacefully assemble in the political, trade union and public-civil spheres at all levels and freely associate with others, as well as the right of every person to found a trade union for the protection of his interests and to join a trade union.

Political parties at the level of the European Union contribute to the expression of the political will of its citizens.

ArticleII-73. Freedom of art and science

Art and science are free. Academic freedom is respected.

ArticleII-74. Right to education

Every person has the right to education, as well as access to vocational training and advanced training. This right covers the opportunity to participate in free compulsory schooling.

Respect for the freedom of education educational institutions subject to democratic principles, as well as the right of parents to ensure the upbringing and education of their children in accordance with their own religious, ideological and educational convictions in accordance with the laws of individual states that regulate their implementation.

ArticleII-75 Freedom of profession and the right to work

Every person has the right to work and exercise his freely chosen or accepted profession.

All citizens are free to seek employment in every Member State of the European Union, to work, establish a business or perform services.

Civil servants of third countries who may work on the territory of EU member states are entitled to working conditions that are appropriate for their nationals.

ArticleII-76. Entrepreneurial freedom

Entrepreneurial freedom is recognized under EU law and the legal provisions and traditions of its individual countries.

ArticleII-77. Ownership

Each person has the right to own legally acquired property, use it, replenish it and pass it on by inheritance. No one may be deprived of his property, except on grounds of public interest in the cases and under the conditions prescribed by law, as well as with adequate compensation in advance for the loss of property. The use of property may be regulated by laws if required for the good of the community.

Intellectual property is protected.

ArticleII-78. Right to asylum

The right to asylum is guaranteed under the terms of the Geneva Agreement of 28.07.1951 and the Protocol of 31.01.1967 on the legal status of refugees, as well as under the provisions of this Constitution.

ArticleII-79. Protection against the expulsion of foreigners from the country, their expulsion from the state and their extradition to other countries.

Collective expulsion of foreign citizens from the country is not allowed.

No one may be expelled from a country, or expelled from its borders, or extradited to another state in which there is a reasonable threat of the death penalty, torture or other inhuman or degrading punishments or actions.

ChapterIII. Equality

ArticleII-80. Equality before the Law

All persons are equal before the Law.

ArticleII-81. No discrimination

Discrimination is prohibited primarily on the basis of sex, race, color, ethnic and social origin, genetic characteristics, language, religion or worldview, political or other opinions, membership of a national minority, property, birth, disability, age or sexual inclinations .

Notwithstanding the special provisions of the Constitution, any discrimination based on nationality is prohibited within its scope.

ArticleII-82. Diversity of culture, religion and languages

The Union respects the diversity of culture, religion and languages.

ArticleII-83. Equality of women and men

Equality between women and men is guaranteed in all areas, including employment, work and wages.

The principle of equality does not contradict the maintenance or introduction of benefits for females.

ArticleII-84. Children's rights

Children have a claim to the protection and care necessary for their well-being. They can freely express their opinion. Their opinion in matters which concern them shall be taken into account according to their age and degree of maturity in an appropriate manner.

Measures by public departments or private institutions concerning children should include the welfare of children as a paramount consideration.

Every child has a claim to regular personal relations and direct contact with both parents, unless it is contrary to his good.

ArticleII-85. Rights of the elderly

The Union recognizes and respects the right of older persons to a life of dignity and independence and to participate in social and cultural life.

ArticleII-86. Integration of people with disabilities

The Union recognizes and respects the right of people with disabilities to measures to guarantee their identity, their social and professional involvement in employment and their participation in society.

ChapterIV. Solidarity

ArticleII-87. The right to information and hearing of employees in enterprises

At all levels, timely information and hearing shall be guaranteed to employees or their representatives in all cases and under the conditions provided for under Union law and the legal provisions and traditions of the individual countries of the Union.

ArticleII-88. The right to collective action and collective measures

In accordance with Federal law and the legal provisions and traditions of individual countries, employees and employers or their respective organizations have the right to draw up and conclude tariff agreements at an appropriate level, as well as to take collective measures to protect their interests, including a strike, in case of conflicts of interest.

ArticleII-89. Right to access employment mediation services

Everyone has the right to access free employment mediation services.

ArticleII-90. Unfair dismissal protection

Every employee, in accordance with Union law and the legal provisions and traditions of individual countries, is entitled to protection against unfair dismissal.

ArticleII-91. Fair and proportionate working conditions

Every employee has the right to healthy, safe and decent working conditions.

Every employee has the right to limit the upper limit of working time, to daily and weekly rest time, as well as to annual labor leave.

ArticleII-92. Prohibition of child labor and protection of adolescents in the workplace.

Child labor is prohibited. Notwithstanding preferential provisions for adolescents and notwithstanding limited exceptions, the minimum age for entry into working life cannot be less than the age at which school duty ends.

Adolescents admitted to work must work under conditions appropriate for their age and be protected from economic exploitation and from any work that may be detrimental to their safety, health, physical, spiritual, moral or social development, or be dangerous to their education.

ArticleII-93. Family and professional life

The legal, economic and social protection of the family is guaranteed.

To be able to reconcile family and professional life, everyone has the right to be protected from dismissal for reasons related to maternity, as well as the right to paid maternity leave and parental leave after the birth or adoption of a child.

ArticleII-94. Social security and social support

The Union recognizes and respects the right of access to social security payments and social services that guarantee protection in cases of maternity, illness, accident at work, need of care or age, and loss of employment, and which are provided under the conditions Union law and the legal provisions and traditions of individual countries.

Every person who has his legal residence in the Union and legally changes his place of residence has a right to claim social security payments and social benefits under the terms of Union law and the legal provisions and traditions of individual countries.

In order to combat social exclusion and poverty, the Union recognizes and respects the right to social and housing support, which must guarantee to all those who do not have sufficient means at their disposal a life worth living in accordance with the terms of Union law and the legal provisions and traditions of individual countries. .

ArticleII-95. Health protection

Everyone has the right to access to preventive health care and medical care in accordance with the terms of Union law and the legal provisions and traditions of individual countries. In establishing and implementing policies and measures, the Union guarantees a high level of health protection in all areas.

ArticleII-96. Access to services of general economic interest

The Union recognizes and respects access to services of general economic interest, insofar as it is regulated in accordance with the Constitution through the legal provisions and traditions of individual countries, in order to promote the social and territorial unity of the Union.

ArticleII-97. environmental protection

A high level of environmental protection and quality must become an integral part of the Union's policy and be guaranteed in accordance with the principle of its constant and unrelenting development.

ArticleII-98. Consumer Protection

Union policy guarantees a high level of consumer protection.

ChapterV. Civil rights

ArticleII-99. Active and passive suffrage to the European Parliament

Citizens of the Union who have their place of residence in an EU Member State have an active and passive right to vote for the European Parliament under the same conditions as those belonging to the respective EU country.

Members of the European Parliament are elected by universal, direct, free and secret suffrage.

ArticleII-100. Active and passive suffrage in communal elections

Citizens of the Union who have their place of residence in an EU Member State have active and passive suffrage in communal elections under the same conditions as those belonging to the respective EU country.

ArticleII-101. The right to good governance

Every person has the right to have his cases examined by bodies, institutions and other departments objectively, fairly and within a reasonable period of time. This right primarily covers:

• the right of every person to be heard before unfavorable individual measures are taken against him;
• the right of every person to have access to documents relating to him, subject to the legitimate interest of confidentiality, as well as professional and business secrecy;
• the duty of management (administration) to substantiate their decisions.

Each person has the right to have the Union compensate for the damage caused to a person by the organs or services of the Union in the exercise of their official powers, in accordance with general legal principles that are consistent with the legal provisions of the Member States of the Union.

Each person may apply to the bodies of the Union in one of the languages ​​of the Constitution of the Union and must receive a response in the same language.

ArticleII-102. Right to access documents

Citizens of the Union, as well as every natural or entity domiciled or legally resident in a Member State, are entitled to access to documents of Union authorities, institutions or other agencies, irrespective of the form of medium used for these documents.

ArticleII-103. European civil commissioner

Union citizens, as well as every natural or legal person with a place of residence or legal seat in an EU Member State, have the right to apply to the European Civil Commissioner in case of shortcomings in the work of Union bodies, institutions and other institutions, with the exception of the EU Court of Justice when exercising its powers to administer justice.

ArticleII-104. Right to petition (petition)

Union citizens, as well as every natural or legal person with a place of residence or legal place of business in an EU Member State, have the right to petition the European Parliament.

ArticleII-105. Freedom of movement and residence

Citizens of the Union have the right to move freely and stay in the territory of the member countries of the Union.

Third-country nationals lawfully within the territory of a Member State of the Union may, under the terms of its Constitution, be granted freedom of movement and residence.

ArticleII-106. Diplomatic and consular protection

Citizens of the Union in the territory of a third country in which the member state of the Union of which they have citizenship is not represented shall enjoy the protection of the diplomatic and consular services of any member country of the Union under the same conditions as persons who have the citizenship of that country.

ChapterVI. Legal rights

ArticleII-107. Right to an effective appeal and an impartial tribunal

Every person whose rights or freedoms guaranteed by the law of the Union have been violated shall have the right to bring an effective complaint to the court in accordance with the conditions established by the provisions of this Article.

Every person has the right to have his case heard by an independent, impartial and established tribunal established by law in public and within a reasonable time. Each person may be consulted, protected and represented.

Persons who do not have sufficient funds at their disposal are consented to be provided with assistance to pay legal costs, if such assistance is necessary, in order to guarantee effective access to court.

ArticleII-108. Presumption of innocence and the right to defense

Each defendant is presumed to be innocent until evidence of his guilt is presented in legal form.

Every accused person is guaranteed respect for the right to a defense.

ArticleII-109. Principles of regularity and proportionality in relation to crimes and criminal penalties

No one can be sentenced for an act or omission which, at the time it was committed, was not subject to criminal punishment under domestic or international law. A severe punishment cannot be imposed as a threatening punishment at the time of the commission of the act. If, after the commission of a crime, a more lenient punishment is introduced according to the law, then such a punishment must be imposed.

This article does not preclude that a person who, because of an act or omission, is sentenced or punished, was punishable at the time of their commission in accordance with universal principles recognized by the body of nations.

The punishment should not be disproportionate to the crime.

ArticleII-110. The right that a person should not be prosecuted or punished twice for the same crime.

No one may, in the course of criminal proceedings, be again prosecuted or punished under criminal procedure for a crime for which he or she has already received a sentence in the Union that has entered into force or has been acquitted.

October 29, 2009 marks 5 years since the heads of state and government of the 25 member states of the European Union signed the EU Constitution Treaty in Rome.

Constitutional Treaty of the European Union - international treaty, designed to play the role of the EU constitution and replace all the previous founding acts of the EU.

Significant expansion of the European Union through the admission of new members from Central and of Eastern Europe, the changing political weight of Europe in the world demanded reform internal structure EU and a clearer delineation of its competence with the member states. The development of the draft EU Constitution has become one of the directions of reforming the European Union.

The decision to start work on the creation of a pan-European constitution was made at the EU summit in Nice in December 2000. The development of the project was entrusted to a special temporary body created a year later at the summit in Brussels - the European Constitutional Assembly (Convention), consisting of 109 members - representatives of the European Commission , governments and parliaments of member countries, headed by former French President Valery Giscard d'Estaing.

The draft Constitution was presented at the EU summit in Thessaloniki on June 20, 2003, then the Intergovernmental Conference, consisting of all ministers of all countries of the European Union with the participation of the European Commission and the European Central Bank, worked on it. The final text of the document was approved at a special EU summit in June 2004.

On October 29, 2004, the heads of all 25 EU member states signed the new European Constitution in Rome. The uniqueness of this document was that it appeared immediately in 20 languages ​​and became the most extensive and comprehensive constitution in the world.

The draft Constitution consisted of 462 articles, consisted of four parts and a preamble (the purpose and meaning of the establishment of the EU). The first part of the document contained the main legal principles Constitution (the establishment of the Union, its values, the status of European law, the distribution of powers between the member states and the EU, EU institutions, the procedure for leaving the EU); the second part included the Charter of Fundamental Rights as the legislative part of the Constitution; the third part contained the main directions of policy, the fourth - the procedure for ratification.

The presented draft of the EU Constitution introduced significant changes in the structure and functions of the EU institutions:

The position of the President was envisaged, who would be appointed by the Council for a period of 2.5 years. It was planned that the President of the EU would represent the Union in the international arena, his competence also included the preparation of EU summits;

The post of the Minister for Foreign Affairs of the EU was envisaged, which should represent the common European foreign policy. In accordance with the Constitution, the Minister of Foreign Affairs was charged with the responsibility of "the foreign policy actions of the Union, as well as the coordination of other aspects of foreign policy, the leadership of the common foreign policy and security policy of the community";

It was supposed to reduce the composition of the European Commission. From 2014, the number of European Commissioners was to be 2/3 of the number of member states;

The powers of the European Parliament were expanded, which, as expected, was supposed to not only approve the budget, but also deal with problems related to the state of civil liberties, border control and immigration, cooperation between judicial and law enforcement structures of all EU countries.

The draft Constitution envisaged the rejection of the principle of consensus and its replacement by the principle of the so-called "double majority": a decision on most issues (except for issues of foreign policy and security, social security, taxation and culture, where the principle of consensus is preserved) could be considered adopted if for him voted by at least 15 member countries, representing at least 65% of the population of the entire European Union.

The Constitution provided for a profound structural transformation of the European security system. It directly spoke about the creation of a federal structure of national security, dominating similar structures of any member state, despite the fact that the competence of the European Union "will include all spheres of foreign policy and all issues related to the security of the EU."

The Constitution contained a direct requirement to follow the common security policy and to give it full precedence. The European Court of Justice, which "ensures respect for the law in the interpretation and application of the Constitution," had the power to impose a fine or other sanctions on a Member State that did not support the foreign policy of the European Union.

The draft pan-European Constitution also included the Charter of Fundamental Rights of the European Union, which "covered a wide range of rights: from the right to equal wages for men and women to the right to receive decent medical care." In this regard, it was proposed to establish an Agency for Fundamental Rights in Vienna in 2007 with the aim of providing "a guarantee that the values ​​expressed in the Charter will be respected".

Another proposal was an article regulating voluntary withdrawal from the European Union, which was not previously provided for in any EU document.

For the Constitution to come into force, it had to be ratified by all EU member states, either by a vote in parliament or by holding a popular referendum. The draft constitution for the European Union has been ratified - by parliamentary means and by referenda - by 18 of the 27 EU countries.

In referendums held on May 29, 2005 in France and June 1, 2005 in the Netherlands, the draft EU Constitution was rejected. In France, 54.9% voted against the Constitution, while the voter turnout was 70%, which was a very high figure. In the Netherlands, where the voter turnout was 63%, 61.6% of those who voted rejected the draft constitution of the European Union, while 38.4% were in favor.

At the European Union summit held on 16-17 June 2005, the United Kingdom, Portugal, Denmark and Ireland announced the postponement of their national referenda indefinitely. Sweden has said it will not ratify the EU Basic Law until France and the Netherlands hold new referendums.

Until the end of 2007, many options were put forward to revive the document. Throughout 2007, the European Union, chaired first by Germany and then by Portugal, prepared a document to replace the unratified draft EU constitution. The new basic agreement was supposed to take into account the realities of the European Union, the number of members of which by 2007 had grown from 15 to 27 countries. The result of a long search for ways of institutional transformation and political reform of the European Union was the development of the Reform Treaty (Lisbon Treaty). The new basic treaty was signed by the leaders of all EU member states on 13 December 2007 in Lisbon.

The material was prepared on the basis of information from RIA Novosti and open sources

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Related reportConstitution of the European Union

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Khanjyan Ruzanna Lerovna

What is the European Union (EU)

Under the influence of integration trends, more and more countries of the planet voluntarily agree to limit their own sovereignty, transfer sovereign rights to the competence of supranational (supranational) formations of an international nature.

As a result, the classic concept of the sovereign state is in decline. This gives rise to a new form of intergovernmental interaction, which limits the ability of individual states to manage society in favor of management carried out jointly and with an appropriate distribution of powers. In this process of federalization of interstate relations, the EU has the richest experience. The EU is a union of 15 independent states based on the Council of Europe and founded to increase political, economic and social cooperation.

To date, the EU is the most effective, authoritative and dynamic among such supranational "structures". The EU was originally founded on the rule of law and democracy. Therefore, its peculiarity is that the union is not a new state to replace the existing ones; it cannot be compared with other international organizations. Those. the historical diversity of countries, regions and cultures must be preserved. This goal is clearly stated in the provisions of the EU Treaty. The principle of subsidiarity plays a paramount role in this policy.

Following this principle, the EU takes on only those tasks that it can handle better than the national and local authorities of the Member States. Also, this principle was designated by the agreement as the highest requirement that the Community should be guided by in achieving the goals of the EU. The treaty states: "The objectives of the Union will be achieved in accordance with the provisions of this treaty, ... through respect for the principle of subsidiarity." Thus, EU member states delegate sovereignty to common institutions representing the interests of the Union as a whole in matters of common interest.

All decisions and procedures follow from the main treaties ratified by member countries. There are five institutions that actually carry out the leadership of the EU, while fulfilling their specific role:

European Parliament (elected by the people of the member countries);

European Council (consisting of member governments);

European Commission (driving force and executive body);

Court (observance of the law);

Chamber of Auditors (proper and lawful management of the EU budget).

Five more bodies form part of the institutional system:

European Economic and Social Committee (expresses the views of an organized civil society on economic and social issues);

Committee of the Regions (expresses the views of regional and local authorities on regional policy, environment and education);

European Ombudsman (deals with citizens' complaints about the mismanagement of an EU institution or body);

European Investment Bank (contributes to the goals of the EU by financing public and private long-term investments);

European Central Bank (responsible for monetary policy and foreign exchange transactions).

Also a number of other organs that complete the system:

Accounts Chamber,

Council of Ministers, etc.

The Council of Ministers has a system of rotation, whereby a representative of each of the EU member states alternately holds the presidency for six months.

History of the development of the European Union

European integration takes place in several stages and in various forms. Already after the First World War, the European idea was present in political discussions, but did not lead to concrete steps. Then, after the destruction brought by the second World War, European leaders have come to believe that cooperation and common efforts are the best way ensuring peace, stability and prosperity in Europe.

The process began on May 9, 1950. speech by Robert Schuman, Minister of Foreign Affairs of France, who proposed to unite the coal and steel industries of France and the Federal Republic of Germany. This concept was realized in 1951. The Paris Treaty established the European Coal and Steel Community with six member countries: Belgium, France, Germany, Italy, Luxembourg and the Netherlands. The success of the Treaty encouraged these six countries to expand the process to other areas. In 1957

The Treaty of Rome established the European Economic Community and the European Atomic Energy Community. They were accordingly aimed at creating a customs union and breaking down internal trade barriers within the Community, as well as developing nuclear energy for peaceful purposes. Thus, at first the emphasis was on economic integration. In 1967, the executive bodies of the three Communities merged, creating a basic structure with the main institutions that exist to this day.

And although in the minds of citizens there was now only one European Community, the three treaties still retained their autonomy, they did not "merged together." The Community reform carried out in 1987 with the adoption of the Single European Act did not affect this principle. The next cornerstone in the process of European integration was the Maastricht Treaty of 1992, which defined three pillars of the EU: the first is the European Community, the two new ones are intergovernmental cooperation in international politics and security, as well as in justice and home affairs. In addition, the Maastricht Treaty provided a framework for a single currency and greater political integration.

But it also represents only an additional step towards a European Constitution. And so, during the fifty years of its existence, European integration has ensured stability, peace and economic. It helped raise the standard of living, create an internal market, introduce the "euro" and strengthen the role of the Union in the world. The challenge for this century will be to expand the EU to include new member states - especially from Central and Eastern Europe. Ten more countries are to join the Union in May 2004: Cyprus (Greek part), Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia. To date, the EU already unites Austria, Finland, Sweden, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Great Britain and Northern Ireland.

Targets and goals. European Union today

Over a very short period of time (50 years) by historical standards, the Union has turned from a small sub-regional grouping of an economic nature into a truly European integration organization of universal competence, which has its own management apparatus and operates in various spheres of public life.

On the present stage development of the EU is already based on other goals and objectives that it plans to achieve and solve. If earlier the unification of the countries of Europe into a single Union was in the nature of cooperation and was expressed in the coordination of common forces to solve a number of problems, now it is a kind of “state” (or supranational entity), which sets itself other tasks and goals.

The leading place among the fundamental tasks facing the EU is occupied by a common foreign and security policy.

Among the main goals that the EU set out to achieve some ten years ago were:

1. pursuing a balanced and long-term social and economic policy, in particular by creating without internal borders, by strengthening economic and social equalization and creating an Economic and Monetary Union, with the ultimate goal of introducing a single currency;

2. assertion of European identity in the international arena, in particular through the implementation of a common foreign and public safety which could lead at the right moment to the creation of a joint defense system;

3. strengthening the protection of the rights and interests of the citizens of the Member States by holding citizenship of the Union;

4. development of close cooperation in the field judicial practice and internal affairs;

5. maintaining and developing Community achievements, in order to determine to what extent the policies and forms of cooperation established by the treaty need to be reviewed in order to ensure the effectiveness of EU mechanisms and institutions.

To illustrate the scale of the activities of the Union, it is enough to indicate only some of its main results:

In the socio-economic sphere: building a common market, introducing a single currency "euro", issuing extensive legislation in relation to various sectors of the economy (transport, banking, customs, antimonopoly, agrarian, labor legislation, etc.);

In the political field: the functioning of a very efficient system of “European” authorities, which includes the European Parliament directly elected by citizens, the courts of the Union, the Commission, the Council, the European Central Bank, the Ombudsman of the European Union, etc.;

In the law enforcement and humanitarian spheres: the formation of the institution of Union citizenship, the adoption of the EU Charter of Fundamental Rights, the creation of the European Police Office (Europol) and a similar institution to coordinate the work of national prosecutors (Eurojust), the formation of unified information systems and data banks (“Schengen Information System” , the centralized database of fingerprints “Eurodac”, etc.), the establishment in the legislation of the Union of common signs and standards of criminal liability in relation to a number of criminal acts (counterfeiting, terrorism, human trafficking, etc.), the replacement of the ineffective institution of extradition with a “European arrest warrant " etc.

In addition to this (by no means exhaustive) list of changes already made, the European Union is now preparing to take another step that could have very far-reaching consequences for the whole of Europe. It's about on the adoption of a single Constitutional Treaty of the Union, designed to replace the current constituent documents of the organization.

Towards a Constitution of the European Union (CES)

It is necessary to make adjustments to the existing integration mechanisms of the EU. In particular, the forthcoming enlargement of the EU (admission of 10-13 new member states) is pushing for this. The EU's cumbersome administrative apparatus is complex and inefficient.

It is required to fundamentally reform the legal foundations of this organization, to simplify the procedure for making decisions in the union. Previously, this happened within the framework of standard international legal procedures: an intergovernmental conference; signing; then ratification of the text by all participating countries. At the EU summit in Laaken at the end of 2001, the declaration "The Future of the EU" (Laaken Declaration) was approved. The purpose of this document is to set guidelines for further transformations in the structure of the EU, taking into account new geopolitical realities and the upcoming expansion of this organization.

For the preparation and democratic discussion of the package of reforms, in accordance with the approved declaration, a temporary representative body was formed, called the EU Convention.

The task of the Convention is to develop recommendations for the forthcoming intergovernmental conference in 2004. Its decisions will not receive binding legal force, but thanks to the composition of the Convention, they will obviously acquire high moral and political authority not only for member countries, but also for ordinary EU citizens. This advisory body includes representatives of the European Commission, the European Parliament, the governments and parliaments of the 15 EU member states, as well as 13 candidate countries.

For almost 2 years, under the leadership of former French President Valerie Giscard d "Estaing, the Convention has been developing a draft of the future CES. In this regard, it must be said that the Laaken Declaration will go down in history because for the first time on such high level announced the prospects for the adoption in the future of a single CES, which will replace the existing constituent agreements.

Upon completion of the work of the Convention in 2003, the EU Constitutional Treaty is planned to be submitted to the heads of state (government) of the EU member states, and then, after its finalization during the intergovernmental conference (scheduled for 2004), to be signed and sent for ratification to national parliaments. As in the course of previous reforms, the draft CES in many EU countries is likely to be submitted to a popular vote (referendum).

european union constitution state

Draft Constitution of the European Union

As a first step in the development of the Union Constitution, the Convention established its general scheme (structure). Why was prepared "Preliminary draft of the EU Constitutional Treaty".

The first thing that attracts attention is the official name of the future Constitutional Treaty: “ Treaty Establishing a Constitution for Europe ” .

Already in the name itself, the complex nature of the EU organization is manifested: on the one hand, it is an association of states (Treaty), on the other, it is a union of the peoples of Europe, which has its own citizenship and many other attributes of statehood (Constitution).

The structure of the project consists of a preamble and three parts, the main of which is Part one"Constitutional arrangement".

In terms of its significance and, possibly, in terms of legal force, it will be comparable to Chapter 1 of the CRF “Fundamentals of the Constitutional Order”, however, it is more extensive and detailed.

In the sections of this part (there are 10 in total), it is planned to install and fix:

General aims and principles of the Union (Section I “Definition of the Union and its aims”);

The legal status of a person and a citizen (section II “Citizenship of the Union and Fundamental Rights”);

The procedure for the delimitation of competence between the Union and the states that are its members (Section III “Competence and areas of activity of the Union”);

The status of the governing bodies of the Union: the European Council, the European Parliament, the Commission, etc. (Section IV “Institutions of the Union”);

The system of legal acts, law-making and law-enforcement procedures (section V “Implementation of the competence and activities of the Union”); - guarantees of the democratic functioning of this organization (section VI “Democratic life of the Union”);

Rules for the financing of activities and the adoption of the budget (Section VII “Finance of the Union”);

Legal foundations of the foreign policy function of the Union (section VIII "The activities of the Union on the world stage", section IX "The Union and its immediate environment");

The procedure for the entry into the Union of new member states and - for the first time in the history of this organization - the procedure for the voluntary withdrawal of countries from its composition (section X "Belonging to the Union").

Particularly noteworthy is Art. 42 of the draft, providing for the possibility of establishing "privileged relations between the Union and neighboring states."

The relevance of this norm for the Russian Federation is beyond doubt. Part two project “Policy areas and implementation of activities of the Union ” is called upon to establish the procedure for decision-making by supranational bodies in relation to certain areas of competence of the EU:

- “spheres of domestic policy and activity” (domestic market, economic and monetary policy, internal security, etc.);

- “foreign policy activity” (foreign trade policy, assistance to developing countries, etc.);

- “the functioning of the Union” (defense and possibly rules of procedure). The structure and content of this part have so far been established only in the most general terms.

The last part of the project is devoted to the order of entry into force, scope, languages ​​of the future Constitutional Treaty of the Union - part three"General and Final Provisions".

For and against the Constitution of the European Union

The CES project has become the object of controversy and controversy. The most controversial points in the future constitution are the size and composition of the governing bodies of the EU, as well as the voting system in the Council of Ministers. Former French President Valéry Giscard d'Estaing, under whose leadership the approximate text of the CES was developed, proposes federalization, that is, the renunciation of part of national sovereignty in the name of strengthening a united Europe. Such a proposal includes, in particular, the introduction of new positions in the EU - Minister for Foreign Affairs and the President.The President of the EU is supposed to be elected for a term of 5 years by the leaders of the EU countries.With the advent of this post, the importance of the President of the European Commission (the "EU government" in Brussels) would noticeably decrease.The President of the European Commission criticized this proposal Romano Prodi, he was supported by small countries (for example, Austria and Finland).

It is also planned that the EU member states will be required to pursue a common foreign policy, and it will be led by the Minister of Foreign Affairs, who will also be elected by the EU heads of state. The CES project, in addition, assumes the control of the European Commission over national economies, over immigration and legal policy EU members. This implies the supremacy of EU laws over the laws of its member countries.

In addition, the draft proposes to limit the number of members of the European Commission, according to which only 15 countries out of 25 will be able to send their commissioner to Brussels. Small countries are also not satisfied with the abolition of the six-month term of office of the President of the European Council (now it is supposed to be elected for two and a half years with the right to re-election).

According to the representative of the Swedish side, an EU member on environmental issues, Margaret Wallström, the head of the presidium of the Convention, Giscard d "Estaing, clearly prefers the position big countries EU, especially France and UK. This mood in Sweden reflects the general trend in the EU. Of the supporters of the existing CES project, the German side, represented by German Chancellor Gerhard Schroeder, stated that new project is unlikely to be better than the current one, even with all the desired changes, so Germany will not draw up a "list of desired changes." A little differently they look at the draft of the new Constitution in other EU states.

British Prime Minister Tony Blair demanded that the draft take into account the wishes of the British government on tax, defense and foreign policy. London insists on maintaining national sovereignty in these areas of public life. Otherwise, as they say, the text of the draft suits the British leadership quite well. The most difficult issue during the discussion of the CES project was the question of how to take the most important decisions: unanimously or by a majority. The principle of unanimity that currently exists in the EU implies the right of veto, which, with a large number of member states, can lead to power paralysis.

The Presidium of the Convention proposed to take decisions by a qualified majority, and the number of countries that voted "for" should be at least 60% of the population of the Union. By the way, one of the opponents of this method of decision-making is Great Britain, which is ready to sign the future EU Basic Law only if it retains the right of veto. And so, the most controversial points in the future CES until today remain the size and composition of the governing bodies of the EU, as well as the voting system in the Council of Ministers.

However, there is also another hotly contested aspect of the constitutional treaty that deserves attention. Catholic countries (Italy, Spain, Poland) insist on the Vatican's demand that the Union be based on some kind of social contract that the EU is an organization operating on Christian principles.

Those. such a Christianization of the European Constitutional Treaty can be seen as the introduction of a state religion in Europe, limiting the freedom of religion of its members. Moreover, Christian values ​​can become a stick in the wheels of cooperation with semi-Asian Russia, Turkey, Albania, Macedonia, Bosnia and Herzegovina.

Conclusion

The choice in favor of a single constituent document of this organization will determine the EU's own position in the world, partly explain to the population the goals and objectives of the Union, which, according to the authors of the project, should be much closer to its inhabitants than it is now. Accordingly, the rules for the functioning of the EU should become more understandable for its citizens, which is important for further development European integration.

The adoption of a single constitutional treaty should entail the endowment of the EU as a whole with a sufficiently broad international legal personality (Article 4 of the draft). On this occasion, the statement of German Chancellor Gerhard Schroeder is true: "Without a Constitution, a united Europe will become politically less manageable and will lose its influence in the international arena."

Finally, the CES is likely to be a new step in the development of European humanitarian law. It is about the possible giving of the supreme legal force of the EU Charter of Fundamental Rights of 2000, as well as the possible accession of the Union as a separate party to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Another noteworthy aspect: there is a possibility that with the adoption of the CES will change the name of the organization itself.

There are four options proposed by the Convention: - to keep the current name (“European Union”);

Rename the Union "European Community";

- “United States of Europe”;

- “United Europe” (In October of this year, Giscard d'Estaing hinted that the choice was stopped on a United Europe. One, one must understand, in the constitutional sense).

In conclusion, I would like to draw attention to the fact that the preparation of the EU Constitutional Treaty is a complex and lengthy process. At present, the first important step has been taken - the preliminary structure of the future document has been determined. Subsequently, it is likely to undergo certain changes and, most importantly, should be filled with specific legal norms, the content of which has yet to be worked out by the Convention.

Literature

1. Laaken Declaration (“The Future of the EU”) of 15.12.2001

2. Preliminary Draft of the Constitutional Treaty (Constitution) of the EU, presented on 28.10.2002. Presidium of the "Convention on the Future of the Union" ("European Convention")

3. Prof. S.Yu. Kashkin and Assoc. A.O. Chetverikov, "Towards a European Constitution: the European Convention and Prospects for the Development

of the Constitutional Treaty (Constitution) of the EU" - the journal "Constitutional Law: East European Review" No. 1 (42) 2003, pp. 38-41

Internet:

1. http://eulaw.edu.ru

2. http://europa.eu.int

3. http://www.coe.int

4. http://www.eur.ru

5. http://dw-world.de

6. http://grani.ru

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Political unification and all European integration can only be realistically achieved when there is a convergence of the basic political principles and structures of the respective countries. Federal constitutions such as those of the United States, Switzerland, or the Federal Republic of Germany correspond most closely to those requirements of homogeneity which are necessary for a strong and lasting union of states. Therefore, the inevitable question arises: are there prerequisites for creating such homogeneity in the constitutions of other EU member states? Can they become the skeleton of a pan-European constitution? And can these constitutions form the foundation of a "common European identity"? Of course, such a "European identity" cannot and should not replace national identity, but it can exist alongside it and have a relative character.

At first glance, the differences in European countries seem to far outweigh the similarities. After all, constitutions are the fruit of the corresponding historical development of each state and the historically established national political culture. They were born in a certain historical context under the action of a very specific correlation of political and social forces and for the solution of historically urgent national tasks. On the one hand, the history of European nation-states in the 19th and 20th centuries did not proceed in line with one historical model; on the other hand, the conditions for the adoption of constitutions in each country were also very different.

In this regard, one should point to the peculiar example of Great Britain, the only European country that still does not have a written constitution in the usual sense of the word. The laws governing the state and social order of this country arose over a number of centuries, from the Middle Ages (Magna Carta of 1215) to the present. Its old components were either set out in a new way, or reinterpreted, new ones were added to them, primarily in the form of constitutional conventions or codes of legislative law (for example, the Acts of Parliament of 1911 and 1949, which significantly curtailed the rights of the House of Lords). Of the other constitutional texts of the remaining 14 EU members by the 19th century. include only the Belgian 1831. and Luxembourg 1868. constitution. Danish 1953 and Dutch 1983. and Luxembourg 1868. constitutions are based mainly on the texts of the old constitutions of these countries. Although they were constantly updated, they still bear traces of the problems of the 19th century.

Texts of constitutions of other countries after 1945. very weakly adhere to the old traditions and give modern answers to the problems of guarantees of basic civil rights and the goals of the state, methods of organizing public power. What is common to the constitutions of Italy (1948), the Basic Law of the FRG (1949), the constitutions of Greece (1975), Portugal (1976), and Spain (1978) is the fact that they were drawn up after the collapse of totalitarian and autocratic regimes. . Despite the differences between them in their political goals and the activity of the repressive apparatus, all these dictatorial regimes were distinguished by disrespect for human rights.

Post-war legislators, who sought to restore the rule of law in their homeland and create a solid foundation for it, drew the necessary conclusions from this fact, tried to formulate the provisions on the main civil rights and give a guarantee of their real legal support. So, in the original Portuguese constitution of 1976. all civil rights were very difficult to combine with socialist postulates. Subsequent constitutional changes in 1982 and 1989 smoothed over almost all socialist elements and firmly fixed in it the position of civil rights and freedoms.

The common concern of the new legislators was also the restoration of democracy. In countries where it was believed that the weakness of the old democracy was the reason for the victory of dictatorial and fascist regimes, efforts to stabilize the new democracy were aimed at strengthening the executive branch at the expense of parliament. But in France, for example, where there was no need to create a new legal state to eliminate the dictatorship, the new constitution of the 5th Republic in 1958 unlike all the constitutions of the EEC member states, it did not contain a detailed list of human rights, but only limited itself in the preamble to a reference to the Declaration of the Rights of Man and Citizen of 1789. and social rights of the French under the constitution of the IV Republic of 1946. At the same time, French legislators were especially energetic and consistent in their pursuit of replacing the unstable and inefficient parliamentary system of the previous republics with a constitutional order that would strengthen the position and effectiveness of the government.

It should be noted that the stability or, conversely, the instability of the political regime is determined to a greater extent by the party system than by individual constitutional provisions. However, it should be added that constitutional provisions, for example, the powers of the head of state, the procedure for passing a vote of no confidence or the right to dissolve parliament, and especially the electoral system, can influence the formation of a majority in decision-making (France, Spain).

But in addition to these important similarities, there are also noticeable differences. For example, the Italian, Spanish and Portuguese constitutions contain, in contrast to the German Basic Law and the Greek constitution, sections on basic social rights and the goals of the state. In the process of drafting these constitutions, the parties of the left (Soc., comm.) and forces (the army in Portugal) exerted a strong influence, while in Germany and Greece the influence of the bourgeois-conservative forces was decisive. At the same time, it should be taken into account that during the creation of the Italian constitution, the political and psychological climate was determined mainly by anti-fascist sentiments, during the adoption of the Basic Law of the FRG, by anti-communism and the spirit of the Cold War that had begun. Socialist notions have already been largely discredited by the actual developments in Germany's eastern zone of occupation and in the Eastern European countries. The United States also had a great influence on the adoption of the Basic Law. This led to the fact that, in addition to the general phrase in Article 20 of Section 1 on the “social union state” and Article 28 of Section 1 on the “social legal state”, this fundamental document did not reflect the social rights of citizens and the goals of the state.

Thus, due to the different conditions and balance of power in the process of drafting new constitutions and different interpretations of historical development and the previous crisis, the results also turned out to be very different.

A special place is occupied by the Irish constitution, which does not fit into these conditions and prerequisites. It originated in 1937. in connection with the country's achievement of independence from Great Britain, which naturally contributed to emphasizing national sovereignty. In addition, the Catholicism of Irish society left a strong imprint on the Constitution of Ireland in the formation of fundamental rights. As a result, the least liberal of the constitutions of the EU countries was adopted, but quite compatible with the principles of social policy.

The written constitutions of the 14 European EU member states are democratic in origin, as they were adopted through a democratic procedure. True, it should be noted that the constitutions of Belgium and the Netherlands, due to historical conditions, were adopted by estate representation on the basis of qualification suffrage, but all subsequent changes were made to them in a completely democratic way by democratically elected parliaments.

The ways of adopting the constitutions of the EU countries were very different, some of them were adopted by ordinary parliaments, the other part by specially elected constitutional assemblies and then they were approved by popular decision or, as in France, they were immediately adopted without a referendum without prior parliamentary discussion or approval. An exception is the Basic Law of Germany due to the special historical situation, when the Parliamentary Council was not directly elected, but made up of representatives of the Landtags of the West German states. The Basic Law was adopted not by a popular vote, but by the democratically elected Landtags of the individual states.

9. Human rights in EU countries.

Human rights and freedoms are included in the EU Charter. The classification of rights and freedoms in the Charter is based not on the subject of subjective law, but on the values ​​it is aimed at protecting: human dignity, freedom, equality, solidarity. The specific human rights enshrined in the Charter are grouped according to these criteria. Articles of the Charter are divided into 7 chapters: 1) Chapter I “Dignity” (Article 5) establishes the rights and guarantees that ensure the worthy existence of the human person in society, including the right to life, the prohibition of torture, slavery, etc. Article 1 proclaims dignity human being inviolable and obliges to respect and protect the dignity of everyone. According to the Charter, it is not subject to any restrictions and forms the foundation of all other rights it affirms. Article 2 on the right to life prohibits capital punishment and the execution of the death penalty. Article 3 prohibits human reproductive cloning. Outlawed is the use of the human body and its parts for profit; 2) Chapter II of "Freedom" (Article 14) includes the right to non-interference in privacy- this is the right to freedom and personal integrity, to respect for private and family life, the protection of personal data, marriage and the creation of a family; freedom of thought, conscience and religion, freedom to engage in art and scientific activities, freedom of entrepreneurship; 3) Chapter III "Equality" (Article 7), along with the principle of equality in its various manifestations, enshrines the rights of persons in need of increased social protection. We are talking about children, the elderly, the disabled; 4) Chapter IV "Solidarity" (Article 12) aims to ensure social justice in society, mitigate the contradictions between different groups of the population. It includes workers' rights. It also establishes the rights to social security, health care, other social rights and guarantees; 5) Chapter V "Citizenship" (Article 8) lists the rights, the use of which, as a general rule, is associated with the presence of EU citizenship; 6) Chapter VI "Justice" (Article 4) enshrines the guarantees of the rights of the individual to effective judicial protection. This also includes the presumption of innocence, the inadmissibility of the retroactive effect of the law, proportionality of punishment, etc. .

- an international treaty designed to play the role of the EU constitution and replace all previous founding acts of the EU.

The significant expansion of the European Union through the admission of new members from Central and Eastern Europe, the change in the political weight of Europe in the world required a reform of the internal structure of the EU and a clearer delineation of its competence with member states.

The development of the draft EU Constitution has become one of the directions of reforming the European Union.

The decision to start work on the creation of a pan-European constitution was made at the EU summit in Nice in December 2000.

At the end of the first year of discussions at the new summit meeting in Laaken (Belgium), the Declaration on the future of the European Union (the "Laaken Declaration") of 15 December 2001 was approved. It was in this document that the leaders of all member states for the first time declared their readiness to agree to the adoption of a single "document of a constitutional nature", which could be the result of the simplification and codification of existing constituent treaties.

The development of the project was entrusted to a special temporary body created a year later at the summit in Brussels - the European Constitutional Assembly (Convention), consisting of representatives of the European Commission, governments and parliaments of member countries, headed by former French President Valery Giscard d "Estaing.

The draft Constitution was presented at the EU summit in Thessaloniki on June 20, 2003, after which the Intergovernmental Conference, consisting of all ministers of all countries of the European Union, with the participation of the European Commission and the European Central Bank, worked on it.

The final text of the document was approved at a special EU summit in June 2004.

On October 29, 2004, the heads of all 25 EU member states signed in Rome the Treaty establishing a Constitution for Europe. The uniqueness of this document was that it appeared immediately in 20 languages ​​and became the most extensive and comprehensive constitution in the world.