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Saulė Vidrinskaitė

Abstract

The article is dedicated to the analyse is of Treaty establishing a Constitution for Europe and it‘s context in the existing constitutional environment in Lithuania.
The Treaty establishing a Constitution for Europe was adopted by the 25 Heads of State and Government in Brussels on 17 and 18 June 2004. It is based on an initial draft prepared by the European Convention and presented to the Thessaloniki European Council on 20 June 2003.
The Constitution is divided into parts, explaining respectively the constitutional architecture of the European Union, the Union’s Charter of Fundamental Rights, the policing and operation of the Union and, lastly, general and final provisions.
Article deals with the contribution made by the Constitution, which was drawn up in order to respond to the expectations of European citizens and make the European Union more democratic, transparent and efficient.
Institutiona reform is necessary to serve the enlarged Union. For the Constitution for Europe the first session of the Convention was held on 28 February 2002. The Convention met over a period of 15 months in plenary sessions lasting two or three days and involving one or two meetings monthly in the premises of the European Parliament in Brussels. In parallel with the Convention’s plenary sessions, work was also organised within working groups or think tanks, each chaired by a member of the Preasidium and focusing on a series of specific topics.
In the view of the European Council, the draft constitutional Treaty prepared by the Convention marked a historic step forward in the efforts to complete European integration, i.e. by bringing the Union closer to its citizens; strengthening our Union's democratic character; and facilitating our Union's ability to act as a coherent and unified force on the world stage and effectively meet the challenges of globalisation. The European Council took the view that the Convention had proved its worth as a forum for democratic dialogue.
Following a final meeting of the members of the Convention, the final draft Constitution was submitted to the Presidency of the European Council in Rome on 18 July 2003. The text submitted by the Convention served as the basis for the work of the Intergovernmental Conference, which brought together the representatives of the governments of the 25 current Member States, the European Commission and the European Parliament.
The Constitution puts forward a single text to replace all the existing Treaties in the interests of readability and clarity. It consists of four parts. Part I contains the provisions which define the Union, its objectives, its powers, its decision-making procedures and its institutions. The Charter of Fundamental Rights, solemnly proclaimed at the Nice European Council in December 2000, has been incorporated into the European Constitution as Part II. Part III of the Constitution focuses on the Union’s policies and actions, and  incorporates many of the provisions of the current Treaties. Part IV contains the final clauses, including theprocedures for adopting and revising this Constitution.
The European Constitution establishes the European Union, a union of the peoples and States of Europe. This Union is open to all European countries which respect its values and undertake to promote them jointly. The Constitution sets out the values on which the Union is based: respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights. These values are common to the Member States in a society characterised by pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men. The Constitution prohibits all discrimination on grounds of nationality. The aim of the Union is to promote peace, its values and the well-being of its peoples. It offers its citizens an area of freedom, security and justice, and a single market in which competition is free and undistorted. It strives for a Europe of sustainable development based on balanced economic growth, price stability, a highly competitive social market economy, a high level of protection and improvement of the quality of the environment. It fosters scientific and technical progress. It takes action to stem exclusion and discrimination, and promotes justice and social protection, gender equality, inter-generational solidarity and protection of children’s rights. The Union promotes economic, social and territorial cohesion and solidarity between its Member States. In order to attain these objectives, the Union has certain powers which are conferred upon it in the Constitution by the Member States. These powers are exercised using the Community method and specific instruments within a single institutional framework.

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