To name but four of the changes there is the movement of criminal justice and

To name but four of the changes there is the movement

This preview shows page 23 - 25 out of 102 pages.

to our relationship with the EU. To name but four of the changes, there is: the movement of criminal justice and policing from intergovernmental to supranational control; the end of the rotating presidency, shared between Europe’s countries, and its replacement with a new EU 11 Mar 2008 : Column 174 president who is meant to drive forward the EU’s agenda; the creation of the EU
Image of page 23

Subscribe to view the full document.

Foreign Minister in all but name, with the diplomatic service that the Government opposed; and the endowment of the charter of fundamental rights with full legal force. Those changes together represent a major shift of power from Europe’s nation states to the EU’s central institutions, and all are reproduced from the EU constitution. As for the pathetic fig leaf that the Government have cited so often—the idea that the constitutional concept has been abandoned—we all know that the European Scrutiny Committee was right on that point. I must quote it, as I say that we quote it in every debate. I quote not partially, but in full: “Taken as a whole, the Reform Treaty produces a general framework which is substantially equivalent to the Constitutional Treaty.” The Committee went on to say: “Even with the ‘opt-in’ provisions on police and judicial cooperation in criminal matters, and the Protocol on the Charter, we are not convinced that the same conclusion does not apply to the position of the UK under the Reform Treaty.” It continued: “Accordingly, we do not consider that references to abandoning a ‘constitutional concept’...are helpful and consider that they are even likely to be misleading in so far as they might suggest the Reform Treaty is of lesser significance than the Constitutional Treaty.” The whole course of events was set out clearly in the German presidency’s official report of 14 June last year, which stated: “A certain number of Member States underlined the importance of avoiding the impression which might be given by the symbolism and the title ‘Constitution’ that the nature of the Union is undergoing radical change. For them this also implies a return to the traditional method of treaty change through an amending treaty, as well as a number of changes of terminology, not least the dropping of the title ‘Constitution’.” It said: “Such an approach is not incompatible with the demand from those Member States which have already ratified, that as much of the substance of the Constitutional Treaty as possible should be preserved. They are ready to consider the alternative method of treaty change.” So the strategy was clear: it was to change the name and title, but to keep the substance of the treaty. That is exactly what happened. The process was designed to bring back the constitution, disguised just enough for the Government to have a fighting chance of hoodwinking voters into thinking that the referendum promise could be forgotten.
Image of page 24
Image of page 25
  • Fall '08
  • Finklerberg

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes