What is the European Constitution? - The European Constitution

The formal name of the 'European Constitution' is the 'Treaty Establishing a Constitution for Europe'. Like all of its predecessors, the document is an international Treaty between the Member States of the Union. Its text had to be unanimously agreed by the governments of the Member States.

The document is commonly known as the 'European Constitution' as, like the Constitution of any organisation, it sets out the basic rules and objectives of the European Union. It does not replace the national Constitutions of the Member States. Instead, it governs those areas in which European law applies.

The European Constitution is divided into four main parts, preceded by a Preamble and followed by Protocols.

PART ONE is the 'constitutional' part. It sets out what the Union is, what its objectives and values are, what it does, how it legislates and what its institutions are.

PART TWO contains the Charter of Fundamental Rights.

PART THREE sets out the detail of the various policy areas in which the Union operates. It also contains the detailed procedures applying in the financial management of the Union and in its institutions.

PART FOUR contains what are known as 'General and Final Provisions'. It sets out how earlier Treaties are to be repealed, how the new Constitution is to enter into force and how it can be amended in the future. It also states the languages in which the text will be 'authentic' or legally authoritative. These include Irish.

PROTOCOLS Parts One to Four are followed by the Protocols attached to the new Constitution. Some of these contain new or amended provisions - for example on the role of national parliaments and on the application of the principles of subsidiarity and proportionality – but most carry over Protocols attached to the existing Treaties – for example the Protocol on the application of Article 40.3.3 of the Irish Constitution on the right to life of the unborn.