The Draft Constitution for a European Political Community

Basil Karp

doi:10.1017/S0020818300030551

The Draft Constitution for a European Political Community

Published online by Cambridge University Press: 22 May 2009

Basil Karp

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The governments of the Schuman Plan countries – Belgium, France, west Germany, Italy, Luxembourg and the Netherlands – are now examining plans for a European Political Community. The basis of the present discussions is a draft constitution which would consolidate the institutions of the Coal-Steel Community and the European Defense Community, once the latter is ratified, and would provide a framework within which further unification might take place. Its major innovations would be a provision – already approved in principle by the governments – for popular elections to a European Assembly, and a more controversial proposal looking toward gradual extension of the common market.

Type: Articles
Information: International Organization , Volume 8 , Issue 2 , May 1954 , pp. 181 - 202

DOI: https://doi.org/10.1017/S0020818300030551 [Opens in a new window]
Copyright: Copyright © The IO Foundation 1954

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^{page 181 note 1} Copies in English of the draft constitution were published by the Secretariat of the Constitutional Committee, 9, Quai Anatole-France, Paris, and are available from the American Committee on United Europe, 270 Park Ave., New York.

^{page 182 note 2} See Hovey, Allan Jr, “The European Movement,” European Union: a Survey of Frogress (New York, American Committee on United Europe, 1953), III, p. 55–59Google Scholar.

^{page 182 note 3} The (provisional) EDC Assembly is to be the Schuman Plan Assembly, slightly enlarged. Text of the EDC treaty appears in U. S. Congress, Senate, Convention on Relations with the Federal Republic of Germany and a Protocol to the North Atlantic Treaty, Executives Q and R, 82d Congress. (Washington: Government Printing Office, 1952)Google Scholar. On the origin of Article 38, see dispatch by Callendar, Harold in New York Times, 12 31, 1951Google Scholar.

^{page 183 note 4} See address by Guy Mollet before Consultative Assembly, May 29, 1952. Council Europe, Consultative Assembly, Debates, 4th Comtnusession, 1st part, II, p. 207–210. See also ’Report on the European Defence Community,” ibid., Documents, I, p. 93.

^{page 183 note 5} Ibid., Texts Adopted by the Assembly, May 26–30, 1952, p. 17. A similar resolution had been adopted a few days earlier by European Movement's International Committee (European Movement, Document CI/P/23, May 21–23, 1952).

^{page 183 note 6} Text of the Foreign Ministers' resolution is given in Hoc, Ad Assembly, Draft Treaty Embodying the Statute of the European Comtnunity, Information and Official Documents of the Constitutional Committee, October 1952–April 1953 (Paris: Secretariat of the Constitutional Committee, 1953)Google Scholar. For technical reasons the invitation was addressed to the members of the Coal-Steel Assembly in their individual capacity. This point is discussed in American Committee on United Europe, Report from Strasbourg (New York, 01 1953), p. 9–12Google Scholar.

^{page 184 note 7} This classification is supplied by Council of Europe, Directorate of Information, Document IP/536, n.d., p. 2. Except for the communist sponparties, these proportions also roughly reflected the popular voting strength of these four major Foundagroupings in the Community (See table prepared by Northrop, F.S.C., “United States' Foreign Policy and Continental European Union,” Harvard Studies in International Affairs, IV [02 1954], p. 18)Google Scholar.

^{page 184 note 8} The Constitutional Committee and its subcommittees were aided by the results of a preliminary study which had been conducted under auspices of the European Movement. The secretary-general of this study group, Femand Dehousse, a Belgian senator and professor of international law, later became a principal architect of the draft constitution in his role as rapporteur on political institutions. This group, in turn, was aided by studies on federalism conducted at Harvard under sponparties, sorship of the American Committee on United Europe with assistance from the Ford Foundagroupingstion. Cf. Mouvement Européen, Comite d'Etudes pour la Constitution Européenne, Projet de Statut de la Communauté Politique Européenne, Travaux préparatoires and Résolutions (Brussels, 21 rue de Spa, 11 1952)Google Scholar; ibid., Secretariat Internationale, Etudes sur le Féderalisme (7 vols.; Brussels, December 1952–November 1953).

^{page 184 note 9} A vivid account of the work of the Assembly is given by White, Theodore H., “A New Europe Comes to Life,” Reporter, 04 28, 1953, p. 28–32Google Scholar.

^{page 185 note 10} Ad Hoc Assembly Instructed to Work Out a Draft Treaty Setting up a European Political Community, Official Report of the Debates, Sittings of September 15, 1952, January 7–10 and March 6–10, 1953 (Strasbourg: Publications Department of the European Community, 1953), p. 52–53, 254, 266Google Scholar.

^{page 185 note 11} Hurd, Volney in Christian Science Monitor, 03 9, 1953Google Scholar.

^{page 186 note 12} The arguments for the Constitutional Committee's plan are summarized by the rapporteur for political institutions in Ad Hoc Assembly, Document 12, 1st part, p. 39–43.

^{page 186 note 13} This does not necessarily mean that seven seats would be allotted for overseas representives; the French authorities themselves would determine the distribution of all 70 seats (Ad Hoc Assembly, Debates, p. 345)Google Scholar.

^{page 187 note 14} Ad Hoc Assembly, Debates, p. 341Google Scholar.

^{page 187 note 15} Ibid., p. 177–178.

^{page 187 note 16} Ibid., p. 189.

^{page 187 note 17} Ibid., p. 334.

^{page 188 note 18} Ibid., p. 338–339.

^{page 188 note 19} Ibid., p. 336.

^{page 188 note 20} Senghor warned that the next generation of Africans would repudiate cooperation with Europe unless given fair representation in “Eurafrica.” He also pointed out that some elements in the French Parliament would make integration of the oversea territories a condition of acceptance of the Political Community (Ibid., p. 137–138).

^{page 188 note 21} Ad Hoc Assembly, Debates, p. 349Google Scholar. Cf. New York Times, March 8, 1953.

^{page 188 note 22} Ad Hoc Assembly, Debates, p. 341Google Scholar.

^{page 189 note 23} See article by Wigny, Pierre, a Belgian Christian Socialist, “L'Europe en Chantier,” Revue Politique, 12 31, 1952Google Scholar, quoted in Chronique de Politique Etrangere, May 1953, p. 394.

^{page 189 note 24} Document 12, 1st part, p. 39.

^{page 189 note 25} This decision involved a compromise between those who wanted the Governments to select the President and those who, like a number of Italian delegates, wanted both houses of Parliament jointly to make the choice. It was held that the Senate was closer to the “national formula” and that its smaller size would facilitate agreement on a candidate (Ad Hoc Assembly, Debates, p. 214)Google Scholar.

^{page 189 note 26} Ad Hoc Assembly, Debates, p. 227Google Scholar.

^{page 190 note 27} Ibid., p. 266.

^{page 191 note 28} Party affiliations are given in Ad Hoc Assembly, Draft Treaty, op.cit., p. 167–172Google Scholar. Of the 86 members listed, 37 are from the Christian Democratic parties.

^{page 191 note 29} Document 12, 1st part, p. 45.

^{page 191 note 30} See Articles 35, 56 and 60 of draft constitution.

^{page 191 note 31} Ad Hoc Assembly, Debates, p. 204Google Scholar.

^{page 191 note 32} Statement by the rapporteur on powers competence, Benvenuti (ibid., p. 400).

^{page 192 note 33} This marked a change from the earlier Dutch position that economic integration should proceed by sectors (Netherlands Information Service, “The Netherlands View on European Integration,” News Digest from Holland [New York, 01 22, 1954], p. 2–3)Google Scholar.

^{page 192 note 34} Ad Hoc Assembly, Debates, p. 132, 463Google Scholar.

^{page 192 note 35} Ibid., p. 128–131, 156. He might also have mentioned apprehensions for French labor standards in an economic union with Italy and Germany (White, , Reporter, 04 28, 1953, p. 32)Google Scholar.

^{page 192 note 36} Ad Hoc Assembly, Debates, p. 460, 462Google Scholar.

^{page 193 note 37} Ibid., p. 125–126.

^{page 193 note 38} Document 12, 1st part, p. 37.

^{page 193 note 39} Ad Hoc Assembly, Debates, p. 164Google Scholar.

^{page 194 note 40} Ibid., p. 166.

^{page 194 note 41} Each state would determine its own regulations concerning such matters as right of franchise, electoral lists, and counting of ballots.

^{page 194 note 42} Ad Hoc Assembly, Debates, p. 488Google Scholar.

^{page 194 note 43} Ibid,, p. 126, 480, 482.

^{page 194 note 44} The ambiguous results of the French experience are described in Pickles, Dorothy, French Politics (London: Royal Institute of International Affairs, 1953), p. 137–148Google Scholar.

^{page 195 note 45} Ad Hoc Assembly, Debates, p. 166, 485Google Scholar.

^{page 195 note 46} Document 12, 1st part, p. 36.

^{page 195 note 47} For an exposition of the political dynamic – the ‘inner compulsion toward growth’ which the European Movement leaders count on to strengthen the Community, see Bowie, Robert R., “The Process of Federating Europe,” Department of State, Bulletin, XXX (02 1, 1954), p. 139–142Google Scholar. See also the suggestive article by Parker, William N., “The Schuman Plan – A Preliminary Prediction,” International Organization, VI, p. 394–395Google Scholar.

^{page 196 note 48} This phrase was used by René Courtin the European Movement in an address the Second Congress of The Hague, October 1953.

^{page 196 note 49} Document 12, 1st part, p. 35.

^{page 196 note 50} Ad Hoe Assembly, Debates, p. 452Google Scholar.

^{page 196 note 51} Quoted in Jetme Europe (Paris), 10 20, 1953 (translation), p. 6Google Scholar.

^{page 197 note 52} Europe Today and Tomorrow (Paris), 11 1953, p. 13Google Scholar.

^{page 197 note 53} New York Times, November 26, 1953; ibid., April 17, 1954; ibid., May 5, 1954.

^{page 198 note 1} This decision, which was taken by a vote of only 18 to 15, was a concession to those desiring greater parliamentary control over an Executive Council which, because of the special majorities required, would be difficult to remove (Ad Hoc Assembly, Debates, p. 378)Google Scholar.

^{page 199 note 2} Ad Hoc Assembly, Debates, p. 268Google Scholar.

^{page 199 note 3} The Coal-Steel and EDC Assemblies would in effect be replaced by the Senate – a body comparable in size and manner of selection. It is probable, therefore, that many members of the Coal-Steel Assembly (and hence of the Ad Hoc Assembly) might expect to find seats in the Senate of the new Community.

^{page 200 note 4} Dutch delegates fought for the autonomy of the High Authority in the hopes that many of its administrative powers would eventually be returned to private hands, rather than be given permanently to the European Community. See Klompé, Marga A. M. (a Dutch, Popular Christian delegate), “Framework for the New Europe,” America, 05 23, 1953, p. 215–219Google Scholar.

^{page 200 note 5} The somewhat involved language of the constitution declares: “Where such treaties or agreements relate to matters in which the present Statute provides for the assent of another institution of the Community, the European Executive Council may ratify them only when authorized so to do by the other institution concerned, acting in accordance with the procedure and conditions laid down for the exercise of its competence” (Article 68).

^{page 200 note 6} The Court of the Community may be empowered to act as an arbitral tribunal (Article 47).

^{page 201 note 7} The Coal-Steel High Authority may levy a tax of one percent on coal and steel production without approval of its Council of Ministers, and of more than one percent if two-thirds of the Ministers agree. Subject to the policy guidance of the European Executive Council (Article 63), this procedure would continue (see Ad Hoc Assembly, Debates, p. 316, 411, 521)Google Scholar.

^{page 201 note 8} See n. 6.

^{page 201 note 9} For explanation of this provision, see Ad Hoc Assembly, Document 12, 1st part, p. 31.

^{page 202 note 10} Ad Hoc Assembly, Debates, p. 301Google Scholar.

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