The Social Platform

The Platform of European Social NGOs is the alliance of representative European federations and networks of non-governmental organisations active in the social sector.

In its Briefing no15 The Social dimension of the European Constitutional Treaty tells us exactly what a Constitution is…..

What is a Constitution?

A Constitution is a text which contains the fundamental rules of a State or a group of States. These rules answer several questions. How do the institutions work? How is the division of powers arranged? What means can be used to implement policies? What values are upheld? What are the citizens’ fundamental rights?

It also tells us what are the citizens fundamental duties, or is rather supposed to, but this one just leaves the question open to later interpretation.

This constitution also has its own amending clause which allows for changes to the constitution to be made within the EU`s own political elite system cutting out the governments and the citizens from any future decisions on their own constitution.

The briefing document continues with a disclaimer of the authors own invention…..

In actual fact, the European Constitution is not really a Constitution in the full sense of the term, as although it contains elements of a constitutional nature (for example, the Charter of Fundamental Rights), in legal terms it remains a Treaty subject to the rules of international law. Therefore, it will enter into force only when all Member States have ratified it, according to the provisions of their national Constitutions. For that reason it is perhaps more correct to refer to it as a “Constitutional Treaty”.

Although it is true that the Constitution will legally enter into force only when all Member States have ratified, that is a consequence of the present treaty agreements not the Constitution itself, nothing in the Constitution can have any legal affect until it is ratified, not even the means of its own inception.

Neither  does it follow that it remains a treaty after ratification in fact its title clearly say what it is and what it is not   “A Treaty establishing a Constitution for Europe” cannot better describe the affects of ratifying this treaty, if we do we are establishing a Constitution.  

See "Yet another EU Professor"