AVRUPA ANAYASASI VE YETKİ DAĞILIMI

The Treaty Establishing a Constitution for Europe has been designated as a positive step forward, having utmost importance. The text of the Cosntitution, as approved by the European Council at the summit meeting in Brussels on 17-18 June 2004 under the Irish Presidency, has now reached the stage when the member states enter into a period ofratification of the constitutional treaty according to their domestic laws so that the Constitution can go into effect. After a 16-month period ofnegotiations conducted within the context of the Convention on the Future ofthe European Union, what are some ofthe new provisions having significant consequences for the future ofthe Union? The concept of "Christianity," as one ofthe subjects ofdebate, did not take place among the basic foundations forming the heritage of Europe; instead, a reference to cultural, religious and humanistic inheritance ofEurope took precedence. The European values designated by the Constitution appeared as human dignity, freedom, democracy, equality, the rule o f law and human rights, including the rights of persons belonging to minorities. The principles commonly shared by the member states were listed as pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men. In addition to the statement that the Union shall be open to all European states which respect its values and are committed to promoting them together, the Constitution gives place for the first time to a provision on exit from the Union. In the case o f a serious and persistent breach by a member state o f the values o f the Union, certain rights o f the member state may be suspended. Any member state may also withdraw from the Union.The use ofUnion competences, divided into three categories, is governed by the principles o f referral, subsidiarity and proportionality. The provision on the Union law, expressing the primacy o f Union law over the laws o f the member states, has been moved into Title I, right before the provision on legal personality of the Union, as has been the provision on the symbols o f the Union, the flag, the anthem, the motto ("united in diversity"), the currency euro and the Union day, May 9.