Most of Central and Eastern European states reviewed Constitutions before joining EU, Corneliu Gurin

[Analysis by constitutional law expert Corneliu Gurin for Info-Prim Neo] The Constitution, as Supreme Law of Society and the State, should not include ‘orientations’ and ‘objectives’, which are momentary ‘currents’ that oblige to nothing and can remain permanent desiderata. It should contain fundamental norms and principles that can be implemented by clear, but sufficiently rigid mechanisms so as not to endanger the constitutional stability and the rule of law. That’s why I consider that the discussions on the inclusion of the European integration objective in the Constitution should focus on: (a) the devising of constitutional provisions about the acceptance of the EU legislation or communitarian {acquis}; (b) the possibility of transferring sovereign powers to the supranational institutions of the EU; (c) the irreversibility of the process of adjustment to the fundamental (political) criteria and main principles of the EU; (d) subsequent participation of the Moldovan people in the processes within the European Community. In the Constitutions of many European countries, the amendments made in the process of integrating into the EU did not contain ‘orientations’ or ‘objectives’, but definite norms regarding aspects that weren’t covered by the supreme laws or that were inappropriately regulated. A number of countries can be enumerated: [France] made the main steps towards European integration after preliminarily reviewing its Constitution: in 1992, the problem of sovereignty transfer, by ratifying the Treaty of Maastricht, led to the revision of the Constitution, the holding of a referendum and taking of three decisions by the Constitutional Council. A new chapter “About the European Communities and the European Union” was added to the Constitution of France. [Romania] is one of the closest examples, also because we initially had very similar constitutional texts. Moldova’s Constitution has been much inspired by the Constitutions of France and Romania. Thus, in 2003, the Parliament of Romania adopted a Constitution revision law, which supplemented Article 16 with provisions about the EU citizens’ right to elect and be elected on bodies of the local public administration and introduced a new article - 145/1 (148). That law was later passed by referendum (November 18-19, 2003). [Slovakia] included in its Constitution a clause regarding the transfer of a part of its powers to the European Communities and the EU and the preeminence of the obligatory documents of the European Communities and the EU over Slovakia’s legislation (review of 2001). In 2004, the Constitution of Slovakia was supplemented with provisions about the elections of the European Parliament and the recognition of the constitutionality of these elections. [Slovenia] in 2003 included general norms in the Constitution, according to which, under a Treaty ratified by the National Assembly by a majority of 2/3 of the votes of the MPs, the state can transfer a part of its sovereign rights to international organizations. [Estonia] in 2003 adopted a Constitution revision act, which says that the state can associate with the EU in accordance with the fundamental principles of the Constitution of Estonia, which will be applied after the entry into the EU, on the basis of the rights and obligations deriving from the Accession Treaty. The Constitution of [Hungary] allows sharing some of its constitutional powers with other EU member states so as to benefit from the rights and obligations deriving from the founding treaties of the EU and the European Communities. [Portugal’s] Constitution contains norms about the possibility of signing agreements allowing exercising different powers needed to build and strengthen the EU jointly with other EU institutions. It also allows the foreigners residing in Portugal to vote and be elected in the elections for the European Parliament, in conditions of mutual recognition with other EU states. The Constitution of [Germany] stipulates that the state participates in the development of the EU with the aim of building a united Europe based on democratic, social and federal principles and the rule of law. Article 24(1) allows transferring the sovereign powers to international organizations. Most of the states of Central and Eastern Europe reviewed their Constitutions before accession, providing the EU citizens with rights that were until then considered ‘national’, like participation in elections, purchase of property, etc. [Conclusions:] 1. The European integration process, the rules and fundamental principles formulated by the European institutions represented a source of inspiration and promotion of constitutional reforms. 2. In order to be accepted into the EU, many countries amended the constitutional provisions concerning the exercise of sovereignty. 3. The European integration represents a method of promoting democracy, the rule of law and the human rights, and the constitutional systems should be flexible so as to allow the changes needed to facilitate European cooperation. 4. Moldova’s case should be examined separately because the provisions of our Constitution as regards the fundamental human rights are flexible and extended and the international documents prevail over the national ones. 5. The revision of Moldova’s Constriction can be initiated, discussed and promoted so as to ensure the irreversibility of the European integration process and not hindering in the future the given process at the level of national institutions (Parliament, the Constitutional Court), when the decision about the entry into the EU will be examined. But it should be noted that any revision, even if it refers to the European integration, must take place in accordance with the provisions of the present Constitution. As the revision will center on the problem of national sovereignty, the possible amendments should be examined and approved in Parliament and then by the people by constitutional referendum. [Corneliu Gurin, for Info-Prim Neo:] {[Info-Prim Neo Note:] 1. The analysis was made within the survey conducted by Info-Prim Neo in the division “Moldova-20! Whereto?”. Politicians, analysts, experts and personalities from different fields were asked to answer a number of questions, including: a) Do you agree that Moldova’s pro-European orientation should be laid down in the Constitution in order to guarantee the continuation of the modernization process? Will this process be interrupted if no such provisions are included in the Constitution?; b) May the Constitution be amended in Parliament or by referendum? Will the entire political class, including the opposition, and, eventually, society back such amendments? 2. More details as regards the guaranteeing of the irreversibility of the process of the country’s modernization can be found in part I of the analysis “Moldova without internal enemies” that was published on August 1, and in part II that was published on August 9, 2011 .}