About a year earlier, the Intergovernmental Conference in Nice expressed the desire to begin a more thorough and broader “Discussion on the future of the European Union”. The European Council of Laeken, held on 14-15 December 2001, among other things, began to set in motion the continuation of institutional reform around the issues raised by Nice, reformulating and shaping these issues, while also adopting a relevant Declaration. The Laeken Declaration, therefore, defines the main topics for discussion and the method chosen for implementing the reform.
The topics for discussion concerned the more precise delineation of competences between the Union and the Member States, the simplification of the Union’s legislative instruments, the democratic legitimacy and transparency of existing institutions, the role of national parliaments in the European structure, the improvement of the effectiveness of the decision-making process, and finally the simplification and rearrangement of the Treaties and the status of the Charter of Fundamental Rights of the European Union.
The Convention that was drafted in order to implement the reform, just like the Convention that drafted for the Charter of Fundamental Rights, consisted of representatives from the governments and national parliaments of the Member States and candidate countries, and representatives from the European Parliament and the Commission. Additionally, it was planned to invite observers from the Economic and Social Committee (three individuals along with three representatives of European social partners), from the Committee of the Regions (six representatives appointed by the Committee of the Regions and coming from regions, cities, and regions with legislative powers), and the European Ombudsman. Upon invitation from the Presidium, the President of the Court of Justice and the President of the Court of Auditors could address the Convention. Furthermore, the creation of a Forum with civil society organizations in an advisory role was also envisaged.
Its inaugural session took place on 28 February 2002, and its work was completed after discussions lasting seventeen months. The Convention drafted a Treaty establishing a Constitution for Europe, which was presented to the European Council in Thessaloniki by its President, Mr. Giscard d’Estaing. The Convention officially concluded its work in July 2003.
The draft Constitutional Treaty, the result of the Convention’s work, served as a basis for the negotiations of the Intergovernmental Conference convened in October 2003. The draft Constitutional Treaty, following the political agreement reached on 18 June 2004 at the conclusion of the work of this Intergovernmental Conference, was forwarded to the Heads of State and Government who signed it on 29 October 2004. For the Treaty establishing a Constitution for Europe to enter into force, it had to be ratified by all Member States, based on their applicable constitutional rules, either through parliamentary ratification or referendum. Due to the difficulties encountered in ratifying the Treaty establishing a Constitution for Europe in some Member States, the Heads of State and Government decided, during the European Council of 16 and 17 June 2005, to launch a “period of reflection” on the future of Europe.