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What is the EU Constitutional Treaty?(ENGLISH SUMMARIES) (Waseda Univ. Press, 2006) (Text Japanese)

Chapter 1
The Proposed EU Constitution and the Reform of European Governance / Koji FUKUDA
 Referendums which sought ratification of "the Treaty on Constitution for Europe" held in France on May 29, 2005, and the Netherlands on June 1, 2005 were rejected by the two member states' peoples and the EU lapsed into a "serious crisis". These momentous events have had a huge influence on the path of subsequent European integration.
  According to "the Laken Declaration", which paved the way for the EU constitutional treaty's drafting, the European constitution ought to be open to citizens, and facilitate transparent, efficient, European governance with democratic legitimacy. One reason for the French and Dutch rejections was the criticism that the "lack of accountability" (P. C. Schmitter, 1998), or "democratic deficit" problems in the mechanisms and policy processes of EU. How did ratification come to be rejected by the public in France and the Netherlands, when the European constitution planned greater democratization and increases in efficiency of European governance?
  The Implications raised by proposed European constitution can be considered from various political viewpoints such as democracy, accountability, etc. In this chapter, in order to grasp the real nature of European governance, we shall attempt to analyse the currently ungratified European constitution by an examination of political institutional issues, especially decision making processes within the EU.
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Chapter 2
Legal Analysis on national referendums for the ratification of Treaty for European Constitution / Takao SUAMI
 The referendums in France and Netherlands refused to ratify the Treaty for European Constitution (the Constitutional Treaty). Due to this turmoil in the ratification process, it is not certain at the moment whether or not the Constitutional Treaty will come into force ultimately. The outcome of any referendum is in essence a political phenomenon, but this does not necessarily mean that the legal nature and substance of the Constitutional Treaty in question does not have any relevance to such an outcome. From the legal point of view, first, as a result of the development of Community law, the view had already become common in the 1990s that the basic Treaties could be considered as constitutional charter. In other words, the EU has already been equipped with a kind of constitution before the Constitutional Treaty. Secondly, irrespective of several important changes included in it, the Constitutional Treaty will not substantially alter the present relationship between the EU and its Member States. In this sense, it was not necessary for the people in two countries to be opposed to the ratification of Constitutional Treaty. Therefore, as a result of the legal analysis, it can be reasonably argued that the substance of Constitutional Treaty did not chiefly cause the negative outcomes of those referendums. It seems that the referendums rejected the ratification because of domestic politics of those Member State. However, the reason should also be discussed why national discussion about the ratification was forced to become domestically politicized. If some procedural technique had been adopted at the level of the EU, the ratification process within the Member States could have avoided such domestically politicization to an appreciable extent.
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Chapter 3
Treaty establishing a Constitution for Europe and France / Sadaharu KATAOKA
 On 29 May 2005, French voters have overwhelmingly rejected the European Union's proposed constitution in a key referendum. Almost 55% of people voted "No", with 45% in favour. Participation rate was very high, at about 70%.
  The result could deal a fatal blow to the EU constitution, which needs to be ratified by all 25 member states and a severe shock for President Jacques Chirac and a large part of the political establishment that had campaigned for a "Yes" vote as necessary for strengthening European unity.
  This French "No" means that, for the first time, a driving force of the European Union, a most important founder member and hard core member of EU has directly opposed the current process of European integration. But the French "No" also means that one of the fundamental aims of the new EU constitution, to make the EU much closer to its publics has failed.
  Because of this French rejection, followed by the Dutch rejection, the ratification process of the EU Constitution has been completely frozen for instance. France and the EU are now facing a tough political challenge: how to find a common interest between EU and French public.
  The author attempts to make an analysis of the significance of this event for France as well as for Europe and of the consequences for the future of European Union.
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Chapter 4
The Protection of Fundamental Rights in the Draft EU Constitutional Treaty: Fundamental Rights al Values in the System Competition / Hiroshi NISHIHARA
 The draft EU Constitutional Treaty emphasizes the importance of fundamental rights as one of the main sources of EU legitimacy. On the one hand, they are now guaranteed explicitly in Part II of the Draft Treaty as binding legal rules protecting citizens from the power of the Union. They are, at the same time, "values on which the Union is grounded". In the second meaning, however, orientation of the Union toward realization of fundamental human rights might affect the competence division between member states and the Union. This article analyzes the difficulties connected with value oriented understanding of fundamental rights and looks for appropriate arrangements.
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Chapter 5
Core Labour Standards and Treaty establishing a Constitution for Europe / Tomoko HIKUMA
 As European integration has developed, it is widely accepted that the EU has become one of the crucial actors in the multi-tired governance of regional standards in the social sphere. This paper discusses the EU's hard and soft law initiatives and there implications concerning the respect and promotion of core labour standards (CLS).
  The EU has a unique structure and measures in order to promote CLS, not only within the EU but also within EU candidate countries and extended countries outside the EU. However, despite this, the extent of the actual realisation of the CLS in the global context varies depending on the measures and to whom these are directed. Nevertheless, CLS do not reach everyone by the sole effort of a single nation. Regardless of whether the Constitution come into effect, comprehensive CLS policies will continue to be developed, formulated and implemented.
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Chapter 6
The EU as a Security Actor / Hidetoshi NAKAMURA
 The European Union (EU) might have the 'Union Minister for Foreign Affairs' which is stipulated in Article 28 of the Constitutional Treaty. This single 'external face' of European foreign and security policy is the institutional innovation. Although the Treaty would not smoothly come into force, the EU has already acted as an 'international actor' with 'multi-faces' in the foreign and security area. This article argues that the EU - to bi precise, the European Community or European Political Cooperation - has evolved as a 'security actor' since the 1970s and 1980s. Externally, the EU has behaved as the security actor, which is not necessarily responsive to the United States, but occasionally more proactive, as William Wallace describes. Internally, the EU is to be described ad a 'security community' a' la Karl W. Deutsch. This article tentatively concludes that the image of EU as a security actor, even with the current development of European Security and Defence Policy, would still be compatible with the Deutschian concept.
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Chapter 7
The Structure and Policy-Making for EU Crisis Management / Nobuyuki TAKEI
 European Union has become one of the most important actor in crisis management of regional conflicts. The article focuses on the analysis of the administrative structure and policy-making process of the EU-led crisis management on the premises that there remains pillar-structure of the EU. In addition, it would highlight the problems resulting from the pillar structure of the EU. Therefore, the author examines decision-making, financing structure and procedure in the EC sphere (first pillar) of crisis management and in the CFSP (second pillar) respectively. Then, the institution of military crisis management is analysed. Based on the points discussed above, author points out two 'gap' problems, i.e. "time gap" and "institutional gap". These 'gap' problems mean the lack of consistency not only within civilian crisis management, but between civilian and military crisis management. Finally, the article discusses decision-making and financial structures under the Treaty on establishing a Constitution for Europe are argued, and it clarifies that the problems similar to existing system can be pointed out. In conclusion, there are given some comments on agendas for institution building.
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Chapter 8
Governance of Transnational Cooperation in the EU Regional Policy: From INTERREC to Spatial Planning / Meri OKANO
 This paper examines governance of transnational cooperation in the EU regional policy, tracing its evolution from narrower cooperation of first period to more comprehensive policy including spatial aspects in the framework of Community Initiative INTERREG.
  With the beginning of INTERREG IIC at the end of 1990s, the aspect of spatial planning have been incorporated in these cooperations. The first grand design for EU territory has been crystallized in European Spatial Development Perspectives (ESDP).
  However, as the EU does not have the competence in the field of spatial planning, the question remains: how to incorporate the idea of ESDP to EU policies. In addition, the difference in administration system and spatial approach among member states could be an obstacle.
  In conclusion, this paper states that although many problems remain, the idea of EU spatial planning gives new perspective to subnational governments of member states through the concept of EU territory as a whole. They will assume pivotal role to pursue transnational cooperation involving local societies. In this sense, transnational cooperation became more important for territorial cohesion, as well as for the success of the European Integration.
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Chapter 9
Construction of Territorial Order in the EU / Takeshi TSUCHIYA
 The Treaty establishing a Constitution for Europe was agreed at the Intergovernmental Conference in June 2004. However, the Constitution is in crisis that derives partially from free movement of persons without internal border control, which is one of the most distinguishable EU features. Moreover, with democratic deficit and EU complexity, absence of border checks has triggered feelings of insecurity among European people. They assume that free movement area generates transnational crime and illegal migration, which threaten their secure lives. Therefore, it is meaningful to examine free movement area focusing on the Constitution. To appropriately capture it, the paper will explore justice and home affairs in terms of control over EU territorial order. The control consists of categorisation and policing of individuals. The former is immigration and asylum policies, which are being gradually transferred to the EU level. The latter, policing appears in the form of coordination and cooperation among member states. This form of physical force differentiates the state from the EU, which functions on the basis of mutual trust and solidarity between its member states. Hence, the paper will also explore police cooperation from the perspective of its role as a confidence-building measure.
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Chapter 10
EU Social Labor Policy and the "Open Method of Coordination: OMC" in the Lisbon Strategy / Koji FUKUDA
 In the March, 2000 Lisbon European Council meeting, EU leaders made a serious attempt to tackle the social labor policy issues raised by the enlargement to include Eastern European countries. The EU enlargement in May, 2004 raised the problem of the future of a "Social Europe", and intensified the search for a "new European governance." The delay in enacting the proposed European constitution treaty is preventing the Charter of Fundamental Rights, which will create a "European public space" and a "European demos", and also aims to strengthen the social legitimacy of EU, from gaining legal force.
  The Lisbon Strategy aims at "construction in the most dynamic and competitive knowledge based economy area in the world". This paper focuses on a form of governance called the "Open Method of Coordination: OMC" which acts as an effective form of "soft law" can help explore "the future of European Union". Economic globalization has led to many problems which cannot be managed or solved within the nation-state. The OMC process was conceived as a means of coping with such problems and has been developed for comparative measurement of best practices and the success of institutional reforms. The EU can only claim to have real significance if it is oriented towards a "citizen's Europe" with civil society, and transparency is therefore crucial.


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