Le processus des ratifications du traité établissant une Constitution pour l’Europe et la période de réflexion

Abstract

The paper examines the process of ratification of the Treaty establishing a Constitution for Europe in the member states of the European Union, from the date of its signature in Rome on 29 October 2004 to the European Council of June 2006 which decided to prolong the 'period of reflection' for two further years. It first analyses the constitutional constraints which have to be observed in the member states, distinguishing between ratification according to ordinary legislative procedure and according to a special procedure, the possibility to chose between a parliamentary authorisation or a referendum, the possibility of judicial review of the constitutionality of ratification and the powers of the Head of State. It then examines more deeply the different procedures followed for the authorisation of ratification, the referenda which took place or were foreseen and the delays in ratification, as well as the decisions of constitutional courts and the constitutional amendments adopted in view of ratification of the Constitution for Europe. The paper concludes with an appraisal of the so-called 'period of reflection' and the reactions in member states.