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Cini: European Union Politics 2e

Chapter 04

French voters said 'no' to the Constitutional Treaty

On 29 May 2005, with a turnout of 69.34%, 54.68% of French voters said 'no' to the Constitutional Treaty in a referendum. This was the first time that a founding member of the EU rejected an integration treaty, but not for long – three days later the Dutch referendum turned down the Treaty by even larger share of 'no' votes: 61.60%. The whole constitutional project came to a halt as the member states requested a period of 'reflection' to digest the ramifications of the double vetoes.

Since then, different explanations have been given to the negative result of the French referendum. Some argue that the 'no' was a protest vote against President Chirac and Prime Minister Raffarin; as the French economy suffered high unemployment and low growth, voters were mainly discontent with domestic politics. Others claim that voters were voting against the Constitutional Treaty itself; in particular, the neo-liberal ideology reflected in Part III of the Treaty alienated those who believe in a 'Social Europe'. Still others contend that the Constitutional Treaty is too complicated, and French voters were referring to irrelevant issues when making up their minds. These issues are thought to include the possible accession of Turkey, the increase of immigrants, the lost of sovereignty, and the threat to French identity.

It is difficult to assess the accuracy of these arguments without a careful analysis of opinion surveys. However, it is safe to say that French voters rejected the Constitutional Treaty for a variety of reasons. The fact that domestic and European issues were both involved in referendum campaigns indicates that European integration has fundamentally transformed European politics. The Constitutional Treaty is intended to build a constitutional structure specifically for the EU. But its (constitutional) implications, as intensively debated in the referendums, have extended to the domestic areas of the member states, and are well beyond the present form of the integration project.

Web Links

The EU Constitution Project run by the Federal Trust, an independent think tank based in London.
www.fedtrust.co.uk/default.asp?groupid=0&search=eu%20constitution%20project

The European Constitutional Law Network (ECLN).
www.ecln.net/

Transnational campaigns on both the 'yes' and 'no' sides of the Constitutional Treaty.
www.yes-campaign.net/
www.europeannocampaign.com/

Public opinion on the Constitutional Treaty
europa.eu.int/comm/public_opinion/constitution_en.htm

Further Learning Resources

Craig, Paul (2001), 'Constitutions, Constitutionalism, and the European Union'. European Law Journal, Vol. 7, No. 2, June 2001, pp. 125-50.

Shaw, Jo (1999), 'Postnational Constitutionalism in the European Union', Journal of European Public Policy, Vol. 6, No. 4, pp. 579-97.

Stein, Eric (1981), 'Lawyers, Judges and the Making of a Transnational Constitution', American Journal of International Law, Vol. 75, No. 1, pp. 1-27.

Stone Sweet, Alec (2000), Governing with Judges: Constitutional Politics in Europe, Oxford: Oxford University Press.

Weiler, J. H. H. (1999), The Constitution of Europe, Cambridge: Cambridge University Press.