Constitution: history: none; note - the EU legal order relies primarily on two consolidated texts encompassing all provisions as amended from a series of past treaties: the Treaty on European Union (TEU), as modified by the Lisbon Treaty states in Article 1 that "the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION ... on which the Member States confer competences to attain objectives they have in common"; Article 1 of the TEU states further that the EU is "founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as 'the Treaties')," both possessing the same legal value; Article 6 of the TEU provides that a separately adopted Charter of Fundamental Rights of the European Union "shall have the same legal value as the Treaties"
amendments: European Union treaties can be amended in several ways: 1) Ordinary Revision Procedure (for key amendments to the treaties); initiated by an EU country’s government, by the EU Parliament, or by the EU Commission; following adoption of the proposal by the European Council, a convention is formed of national government representatives to review the proposal and subsequently a conference of government representatives also reviews the proposal; passage requires ratification by all EU countries; 2) Simplified Revision Procedure (for amendment of EU internal policies and actions); passage of a proposal requires unanimous European Council vote following European Council consultation with the EU Commission, the European Council, and the European Parliament, and requires ratification by all EU countries; 3) Passerelle Clause (allows the alteration of a legislative procedure without a formal amendment of the treaties); 4) Flexibility Clause (permits the EU to decide in subject areas not covered by the EU treaties); note - the Treaty of Lisbon (signed in December 2007 and effective in December 2009) amended the two treaties that formed the EU - the Maastricht Treaty (1993) and the Treaty of Rome (1958), known in updated form as the Treaty on the Functioning of the European Union (2007) (2016)
Definition: This entry provides information on a countryâ€™s constitution and includes two subfields, history and amendments. The history subfield includes the dates of previous constitutions and the main steps and dates in formulating and implementing the latest constitution. For countries with 1-3 previous constitutions, the years are listed; for those with 4-9 previous, the entry is listed as â€œseveral previous,â€ and for those with 10 or more, the entry is â€œmany previous.â€ The amendments subfield summarizes the process of amending a countryâ€™s constitution â€“ from proposal through passage â€“ and the dates of amendments, which are treated in the same manner as the constitution dates.
The main steps in creating a constitution and amending it usually include the following steps: proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. In many countries this process is lengthy. Terms commonly used to describe constitutional changes are â€œamended,â€ â€œrevised,â€ or â€œreformed.â€ In countries such as South Korea and Turkmenistan, sources differ as to whether changes are stated as new constitutions or are amendments/revisions to existing ones.
A few countries including Canada, Israel, and the UK have no single constitution document, but have various written and unwritten acts, statutes, common laws, and practices that, when taken together, describe a body of fundamental principles or established precedents as to how their countries are governed. Some special regions (Hong Kong, Macau) and countries (Oman, Saudi Arabia) use the term â€œbasic lawâ€ instead of constitution.
A number of self-governing dependencies and territories such as the Cayman Islands, Bermuda, and Gibraltar (UK), Greenland and Faroe Islands (Denmark), Aruba, Curacao, and Sint Maarten (Netherlands), and Puerto Rico and the Virgin Islands (US) have their own constitutions.
Source: CIA World Factbook - This page was last updated on January 20, 2018