The European Constitutional Convention and the Stateless Nations

Abstract

This article discusses the European Constitutional Convention and its ‘parliamentarian’ character, based on the author’s experience of participating in the process. It examines openness and democracy at the Convention, and the opportunities for stateless nations. It also examines the ‘European Free Alliance’ (EFA) approach to the Convention, namely, self-determination as a principle; support for the constitution but not a superstate; relations of Commission and Council; and subsidiarity and the ‘Regions’. Ten particular EFA points are discussed: ‘region’ or ‘nation’; reforming parliamentary representation – ‘digressive proportionality’; the Committee of the Regions – reform or abolish; rights to pre-legislative consultation; regional ministers in Council; access to the Court of Justice; subsidiarity criteria and mechanisms; connecting to COSAC; language rights; and territorial cohesion. How satisfactory is the Convention’s Draft Constitution from the point of view of stateless nations?