The "Treaty Establishing A Constitution for Europe" sets out the EU's aims, the areas where nation states have sole powers, and the areas where they should act together, taking decisions at EU level.
The threat of even limited areas of cross-border taxation policy being taken by majority vote are removed, safeguarding the national veto in all tax areas.
The veto stays, too, for any EU-level decisions on foreign policy and defence, with an "emergency brake" for countries to opt out of majority decisions on cross-border criminal matters and social security measures for migrant workers.
Polish and Spanish demands for greater voting power at the EU table - the issue which sabotaged the constitution six months ago - have been resolved.
There will a new EU foreign minister, answerable to EU governments and not the Commission.
There will also be an EU President, serving a two-and-a-half-year term, giving the EU a public face and maintaining policy continuity for governments - again enhancing the primacy of the nation states.
Efforts to include in the document references to Europe's Christian roots have failed, replaced by a general nod toward the "cultural, religious and humanist inheritance of Europe".
The constitution's "Preamble" states that, "while remaining proud of their own national identities and history the peoples of Europe are determined to transcend their ancient divisions, and, united ever more closely, to forge a common destiny".
The document's main provisions are:
- Establishment of the Union:"Reflecting the will of the citizens and states of Europe to build a common future, this Constitution establishes the European Union, on which the member states confer competencies (powers) to attain objectives they have in common."
- The EU's Values:"The Union is founded on the values of respect for human dignity, liberty, democracy, the rule of law and respect for human rights. These values are common to the member states in a society of pluralism, tolerance, justice, equality, solidarity and non-discrimination."
- The EU's Objectives:"The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and a single market where competition is free and undistorted."
- Relations between the EU and its member states:"The Union shall respect the national identities of its member states .... including for regional and local self government. It shall respect their essential State functions, including for ensuring the territorial integrity of the State, and for maintaining law and order and safeguarding internal security".
- EU powers:"The Union shall have legal personality.
"The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights. (This gives legal force to the Charter which sets out human rights and freedoms, including in social policy, but includes safeguards to prevent the EU interfering in British employment laws such as its ban on on secondary picketing).
"The Constitution, and law adopted by the Union's institutions ... shall have primacy over the law of the member states.
- Foreign Policy:"The Union shall have (power) to define and implement a common foreign and security policy, including the progressive framing of a common defence policy."
"The common security and defence policy shall be an integral part of the common foreign and security policy.
"The Common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides".
- Economic Policy:"The Union shall adopt measures to ensure co-ordination of the economic policies of the member states, in particular by adopting broad guidelines for these policies. The member states shall co-ordinate their economic policies within the Union."
- Freedom, Justice and Security:"The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal traditions and systems of the member states.
"Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions....."
- An EU President:"The European Council shall elect its President, by qualified majority, for a term of two and a half years, renewable once.
- The EU Foreign Minister:"The European Council, by qualified majority with the agreement of the Commission President, shall appoint the Union's Foreign Minister. He shall conduct the Union's common foreign and security policy.
- The Role of National Parliaments:"All legislative proposals sent (by the Commission) to the European Parliament and the Council shall simultaneously be sent to member states' national parliaments.
"National parliaments may send ... an opinion on whether a legislative proposal complies with the principle of subsidiarity and proportionality". (The principle that there should be no law-making at EU level which can best be done nationally or regionally)
- EU Membership:"Any member state may decide to withdraw from the EU in accordance with its own constitutional requirements".