A big step forward for the European Union has been made with the adoption of the EU Constitution. Indeed Euroskeptics have big reasons to be depressed: this document is putting the EU on the course of becoming a mature political entity of its own. Not a State, not a SuperState, but something unknown yet to political science. A true 21st century political object.

For European integration on the whole it is good news. Because several referenda will be held in several Member-States, for the first time in history, on the same topic, during a short period of time, it will also be good news for European democratic process. But, if the massive transfer of power to European level is not linked to the suppression of the so-called E-mmunities, granting EU civil servants judicial immunities, then it is bad news for the average European citizen and future European democratic standards because it will set up a two-speed Europe in terms of rights: on the one hand an elite of judicially immune bureaucrats and on the other hand the rest of us facing normal justice.

For the first time in its history, the EU will end up with having clearly identifiable faces with the President of the EU and the European Foreign Affairs Minister. This element is crucial to make the EU more concrete to the average citizen. With the Euro, the European anthem the President and the Minister of Foreign Affairs, Europe’s identity will be bolstered internally and externally. At a time when internally the EU lacks easy recognition from its citizens; and when externally it lacks the credibility to be seen as speaking as one, these steps are important. Of course foreign affairs are still under the unanimity rule, but that’s not a major drama. Beside Irak, there are extremely few topics where Europeans do not agree as we are able to see at the occasion of GlobalEurope 2020 seminars dealing with future EU external policy.

In many fields decisions will be eased by qualified majority voting. A European prosecutor is also being set. Of course his action will still be very limited but we can hope to see there the embryo of what would become a major tool in combating international organized crime and corruption within European public institutions.

Of course many things are missing in the field of social policy for instance. But “add-up” will be possible in the future. I can understand those who are against this Constitution because they think it goes too far in terms of European integration. But I cannot accept as legitimate the opinion of those who say they are against because it does not go far enough, or because more fields should have been integrated. This is either ‘low politics’ aimed at purely short term national political results; or a complete lack of understanding of the European process. This constitution is a basis. In coming decades it will be amended, modified, and most certainly rewritten. Those who want to change, improve, modify it will have to build up Europe wide political forces sharing a similar vision. No less, no more. But they cannot say, without lying about one of the three assertions: “I am a dedicated pro-European. I would like to see more things into this constitution. So I will vote against’.

Nevertheless one point should be made clear. Our leaders have to “clean” the EU system before organizing this large transfer of power to the European level. With this constitution the EU institutions are not anymore a kind of ‘international organization’ as they were decades ago. They become a kind of government. Therefore there is an urgent need to suppress once for all those E-mmunities granted to their civil servants in the 60s on the model of the UN. If not, it would create a major threat upon democratic management of the future European Union. In no democracy are civil servants protected by judicial immunities. If those E-mmunities were not to be suppressed (a simple annex to the EU treaty of the constitution is sufficient), then, let’s be very clear, every citizen who cares for democracy, pro or anti European, would be absolutely right to oppose the Constitution and to vote ‘No’.

That’s my guess: if the E-mmunities are not suppressed, with this argument, anti-Constitution groups will have a very strong tool to recruit voters; while pro-Constitution parties will be weakened in public debates. I hope that the Dutch Presidency to the EU will show the legendary Dutch witty spirit and be wise enough to make the EU Council add this annex to the EU treaty. Otherwise the ‘Pro’ side will loose many many votes.