Dear Subscriber,
please find attached this monthly issue of "The European Constitution newsletter" your online-review of recent published working papers, documents and other material of interest concerning the constitutional process compiled by the PhD Programme: European Union of the University of Zaragoza. The summary also contains material which has been uploaded regarding former steps in this process and references to articles published in specialized journals, for reasons of publisher rights we are not able to provide access to the full text.
Please note that some of the links might have changed since the publication of this newsletter.

Mario Koelling
Newsletter editor

New Analysis

Schmitter, P. (2006), Bringing the EU closer to the people: What role for a European party system, how to create it, and what might it look like?, speech Eilert Sundt Lecture, 24.10.2006. (PDF)

Janning, J. (2006), Bundesrepublik Deutschland, in: Jahrbuch der Europäischen Integration 2006.NOMOS Verlag, Baden-Baden, 10/2006. (German) (PDF)

Emmanouilidis, Janis A.; Metz, A. (2006), Renewing the European Answer, Centrum für angewandte Politikforschung, 18.10.2006. (PDF)

Duff, A. (2006), Plan B: How to Rescue the European Constitution, Notre Europe, Studies and Research N°52, 18.10.2006. (PDF)

EPC, The European Parliament at mid-term, Breakfast Policy Briefing. (HTML)

Pasquier, R. (2006), Regional lobbying and the EU Constitutional Treaty: an assessment, paper presented at the Conference on: The International relations of the regions: subnational actors, paradiplomacy and multi-level governance, 5-6 October 2006 in Zaragoza. (Word)

Vara Arribas, G. (2006), Gobernanza Multinivel en la Unión Europea y las Regiones, con o sin una Constitución, paper presented at the Conference on: The International relations of the regions: subnational actors, paradiplomacy and multi-level governance, 5-6 October 2006 in Zaragoza. (Spanish) (Word)

Butler, N. (2006), Global Challenges will drive European Reform, Centre for European Reform Bulletin, Issue 50, (HTML)

Emerson, M. (ed.al.) (2006), Just what is this ‘absorption capacity’ of the European Union?, CEPS Policy Briefs, October 2006. (PDF)

Greco, E. (2006), Italy's European Vocation: The Foreign Policy of the New Prodi Government, U.S.-Europe Analysis Series, August 2006. (PDF)

Thalmaier, B. (2006), Die Zukunft des Vertrages über eine Verfassung für Europa, Optionen & Positionen, Centrum für angewandte Politikforschung. (German) (PDF)

Landfried, C. (2006), Difference as a Potential for European Constitution Making, European Law Journal, Volume 12, Issue 6, Page 764-787, Nov 2006.

Abstract: This article examines the hypothesis that the impact of difference of ideas and interests on European constitution making can, under certain conditions, be a positive potential for legitimate and effective constitution making. The prerequisite conditions include actors that take differences seriously, structures of constitution making that are suitable for recognising differences, and processes of constitution making in which actors deal with differences in a democratic and communicative way. The analytical approach will be applied to the European Convention. Two case studies concerning the Convention's work will be examined: the process of decision-making that led to the protocol on national parliaments and the decision-making process concerning a permanent president of the European Council.

Shore, C. (2006), 'Government Without Statehood'? Anthropological Perspectives on Governance and Sovereignty in the European Union, European Law Journal, Volume 12, Issue 6, Page 709-724, Nov 2006.

Abstract: Drawing on anthropological research in Brussels, this article explores the implications of the EU's absent demos. It also outlines some of the strategies the European Commission has used to address this problem and resolve its democratic deficit. Taking up recent debates developed by a number of EU scholars, I highlight some of the contradictions and theoretical weaknesses with the concept of 'governance' in an EU context. Reversing Wallace's dictum about 'government without statehood', I ask whether EU governance might not, in fact, be better construed as 'statehood without government' and a new form of 'governmentality'.

Joerges, C. (2006), 'Deliberative Political Processes' Revisited: What Have we Learnt About the Legitimacy of Supranational Decision-Making, Journal of Common Market Studies, Volume 44, Issue 4, Page 779-802, Nov 2006

The 'comitology mode' of decision-making can be interpreted as a response to the non-unitary and non-hierarchical ('heterarchical') nature of the EU. It is of exemplary importance since it represents an institutionalized sui generis response to the regulatory needs of the 'multilevel system of governance sui generis' that characterizes Europe's political economy.

Scharpf, F.W. (2006), The Joint-Decision Trap Revisited, Journal of Common Market Studies, Volume 44, Issue 4, Page 845-864, Nov 2006.

The original analysis appears as a basically valid - if simplified - account of the institutional conditions of political policy choices in the EU and their consequences. It needs to be complemented, however, by a similar account of non-political policy-making in the supranational-hierarchical mode of governance by the ECB or ECJ.

Panke, D. (2006), More Arguing Than Bargaining? The Institutional Designs of the European Convention and Intergovernmental Conferences Compared, Journal of European Integration, Volume 28, Number 4 / September 2006.

Abstract: This article theoretically assesses the impact of institutional variables on dynamics of interactions and illustrates its claims empirically. Based on a bridge–building approach between rationalists and constructivism, it identifies scope conditions under which polity and policy variables are conducive to argumentation and consensus or to bargaining and compromise. It concludes that the most prominent constructivist institutional variables, such as transparency or plurality of actors, were less important for the achievements of the European Convention than policy variables. The comparison of institutional designs reveals that Conventions are even less conducive to argumentative dynamics than Intergovernmental Conferences.

Dür, A.; Mateo, G. (2006) Bargaining Efficiency in Intergovernmental Negotiations in the EU: Treaty of Nice vs. Constitutional Treaty, Journal of European Integration, Volume 28, Number 4 / September 2006.

Two conditions have to be met for bargaining in Intergovernmental Conferences (IGCs) in the EU to be efficient. On the one hand, an effective preparation of the negotiations is essential to provide governments with the necessary information to engage in issue linkages. On the other hand, mediation provided by the EU’s Presidency is indispensable for the finding of compromises and for the elaboration of a final package deal. Systematic evidence from the IGCs of 2000 and of 2003–04 confirms the explanatory power of the article’s argument. As a result of largely ineffective preparation and mediation during the IGC of 2000, the Treaty of Nice (2001) could not (or only provisionally) resolve many of the issues that had led to the convocation of the negotiations. In contrast, largely effective preparation and mediation enabled the far–reaching compromises included in the Constitutional Treaty (2004).

New Documents

Bundeskanzlerin Merkel und Ministerpräsident Balkenende (2006), Deutsch-niederländisches Verhältnis und europapolitische Themen, Pressekonferenz, 28.10.2006. (German) (HTML)

Vice President of the European Commission Margot Wallström, Opening speech, stakeholders conference on "Understanding public opinion", Madrid, 27 October 2006. (HTML)

Christlich Demokratischen Union Deutschland, Deutschlands Verantwortung und Interessen in Europa und der Welt wahrnehmen, Antrag des Bundesvorstandes der CDU Deutschlands an den 20. Parteitag am 27./28. November 2006 in Dresden. (PDF)

Vice Presidente del Consiglio e Ministro degli Affari Esteri, Massimo d’Alema (2006), La seconda occasione dell’Europa, Intervento all’istituto Universitario Europeo, Firenze, 25 Ottobre 2006, (Italian) (PDF)

European Commission COM (2006) 629 final: Work Programme for 2007, 24.10.2006. (PDF)

Vice President of the European Commission Margot Wallström (2006), The Constitutional Treaty: The Way Forward, speech, Notre Europe debate on "Plan B: how to rescue the European Constitution", Brussels, 18 october 2006. (HTML)

President of the European Parliament, Josep Borrell (2006), L'Europe, sujet ou jouet de la mondialisation?, speech at the European University Institute, 13 October 2006, (French) (PDF)

Dutch Parliament, Minutes of parliamentary discussion on 10 of October 2006, (Dutch) (HTML)

German State Secretary Silberberg (2006), A Preview of Germany's EU Presidency: The Status of the Federal Government's Preparations, speech, on 04.10.2006. (HTML)



30.10.2006 Merkel says Germany 'will not solve' EU constitution limbo, EUobserver.com

German chancellor Angela Merkel has said that her country's EU presidency in the first half of next year will "not solve the problem" of the shelved EU constitution, following discussions on the charter with Dutch leader Jan Peter Balkenende.

26.10.2006 German coalition at odds over presidency priorities, EurActiv.com

Two months before the start of the German EU presidency, the grand coalition government that will chair EU Council meetings during the first half of 2007 has not yet found agreement on priorities for the term. EurActiv compares the two parties' positions on key issues.

24.10.2006 European Socialists set to relaunch Constitution, EurActiv.com

European Socialists have endorsed plans to revive the EU Constitution and agreed to assign the German presidency to set out a road map.

20.10.2006 Stubb: 'We need a Constitutional Treaty before further enlargement' EurActiv.com

European People's Party MEP Alexander Stubb favours institutional reform to accommodate further enlargement, but thinks that “absorption capacity” should not be a formal criterion for candidate countries.

19.10.2006 Brussels to defend 'core' of EU constitution in treaty talks, EUobserver.com

The European Commission is starting to take a position in the expected re-negotiations of the EU constitution, with communication commissioner Margot Wallstrom saying the "core" of the current text of the charter should be the "departure point."

13.10.2006 Liberal MEP tables 'Plan B' for EU constitution, EUobserver.com

Over one year after the constitution was rejected in two referendums, ideas and plans are slowly emerging on how to revive the document with one influential MEP suggesting a new-look version should include articles on issues like climate change which are of direct concern to EU citizens.

12.10.2006 Dutch PM in row with Kroes over EU constitution debate, EUobserver.com

Dutch commissioner Neelie Kroes has clashed with her country's prime minister Jan Peter Balkenende after she blamed the Dutch government for not contributing to the debate on EU institutional reform.

11.10.2006 Germany wants EU constitution in place by 2009, EUobserver.com

Germany has thrown its political weight behind reviving the EU constitution, indicating it would like to see the shelved charter in place before the 2009 European Parliament elections.

05.10.2006 EU 'wise' group welcomes new debate on constitution, EUobserver.com

Members of a select group of EU politicians tackling the bloc's constitutional deadlock have told EUobserver they are open to changes to the EU constitution, welcoming the fact that French minister Sarkozy recently re-opened the debate on the charter.


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