The Treaty establishing a Constitution for Europe, on which the Government proposed a referendum is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:
"The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned."
The subject of a referendum on the proposed Reform Treaty has been discussed on many occasions, including in parliamentary debates, questions and evidence sessions. The UK's only ever national referendum was on European Economic Community membership in 1975. The Reform Treaty will be an amending Treaty in the tradition of Maastricht, Amsterdam and Nice, none of which were subject to a referendum in this country.
(2) whether the UK will be seeking any alterations to the draft EU Constitution in the course of the inter-governmental conference;
(3) whether the Government has sought advice from the European Court of Justice (ECJ) as to the justiciability of the draft EU Constitution by the ECJ;
(4) if he will list all legal advice the Government has received on the draft EU Constitution.
The Treaty establishing a Constitution for Europe, on which the Government proposed a referendum is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:
“The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called “Constitution”, is abandoned.”
The Government are committed to keeping Parliament fully informed of the progress of the inter-governmental Conference (IGC), including during summer recess. I will give evidence to the Foreign Affairs Committee on 12 September. In a letter to the European Scrutiny Committee on 31 July my right hon. Friend the Foreign Secretary said that:
“All IGC papers which are not classified or circulated in confidence will be placed in the Libraries of both Houses and forwarded to the Committee Clerks for information. Where there is any uncertainty over a document’s status we will press the Council Secretariat and Presidency for permission to share it with Parliament.”
To date, all IGC papers have been circulated.
The Treaty establishing a Constitution for Europe, on which the Government proposed a referendum is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:
"The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned."
The UK's only ever national referendum was on European Economic Community membership in 1975. The Reform Treaty will be an amending Treaty in the tradition of Maastricht, Amsterdam and Nice, none of which were subject to a referendum in this country.