The Europeanization of Ratification Procedures: Towards a EU-Wide Constitutional Convention?

Abstract

The word “Europeanisation” has acquired so many meanings that it is difficult to disagree with Olsen that it is not very useful in theoretical terms (Olsen; 2001). In this context, it results unavoidable a previous clarification of the meaning in which it is used here, even though the object of this paper is not a theoretical inquiry on the concept, but rather an assessment on whether the process has happened. Europeanization means the impact of the EU on the domestic structures or, in other words, the political system. Since the object of this inquiry refers to the ratification of the EU constitution, the inquiry can be framed along the following question: what is the influence of the EU norms on domestic processes of ratification? The response is immediate. EU ratification rules do not seem prima facie to impose constraints on national ones and, hence, impact could not be easily identified. If Europeanization is defined as the transformation brought about by the impact of EU level on the national one, then, it has not happened. However, a different model of “europeanisation” has happened: member states show signs of a trend towards converging in certain models of ratification. Naturally, this does not mean that all they use the same procedures and in the same form. It means, rather, that they watch closely each other and they adopt and adapt their own ratification procedures according to the learning of what other member states have done. The paper reviews this argument in the following sections. Firstly, it examines briefly the changes that the draft constitution introduced and compares it with the American model of ratification. It then examines the three main procedures for ratification to asses whether some convergence can be appreciated. This paper discusses the three procedures used for ratification (constitutional reform, parliamentary ratification and referendums) as well as the actors involved (constitutional courts and political parties) with the aim of mapping out the eventual emergence of a “constitutional convention” on the ratification of the Constitution. The underlying inquiry seeks to establish whether ratification of the EU Constitution produces an Europeanization of procedures. It finally ponders the extent to which we can refer to “Europeanisation” of ratification procedures understood as an increased convergence among Member States.