Abstract

The article generally analyses the prerequisites for the creation of the Constitution of the European Union. In particular, the factors contributing to its development were considered. Thus, it was found that following the results of the summit, at which a decision was made to develop a draft Constitution, the European Convention was formed, the creation of which provided for the completion of the institutional reform, the main purpose of which was to determine the future of Europe: the distribution of powers between the member states, the review of the EU treaties, the role of national parliaments, as well as the status of the Charter of Fundamental Rights. In addition, the article summarizes the structure of the Constitution. The Treaty on the Creation of the Constitution of Europe, which was supposed to become the basis of the future Constitution, was also analysed. It was determined that the future Constitution consisted of a preamble, four parts, protocols, and annexes. The article also explored that the Treaty was signed on behalf of the states mainly by the plenipotentiaries of the state, among whom the vast majority were prime ministers or foreign ministers. In addition, it was determined that the process of ratification of the Treaty was thorny. It was analysed that the European Parliament voted to support the implementation of the Constitution. Most of the parliaments of the member states, in accordance with the treaty ratification procedure adopted in the state, ratified the Treaty at the level of voting in the state parliament. The main prerequisites that stood in the way of the adoption of the Constitution were also investigated the main states that decided to hold a referendum on the ratification of the Treaty were identified. In addition, it was determined the states in which the citizens voted against the adoption of the Constitution because of the referendum, as well as those states where the citizens spoke in favour. It was also analysed that after the results of the referendum in France and the Netherlands, the leaders of the European Union decided to take a break and created a working group that will develop the next steps regarding the adoption of the Constitution. The article also determined that based on the results of the activity, it was decided to create a new agreement based on the Agreement on the Creation of the Constitution.

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