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He suggested that so many compromises were being made to keep the more difficult countries of Europe — particularly Britain — on board that the constitution is being undermined.
Asked if Britain’s insistence on unanimity was undermining the constitution, he said: “In the long run, yes. If you don’t change the constitution you will be totally split from reality. In 15 years’ time, 20 years’ time, there will be a problem.”
Asked if he was worried about growing euroscepticism in the UK, with Gordon Brown, the Chancellor, attacking the constitution last week, he replied simply: “Really, I am worried, yes.”
He agreed with Tony Blair that much of the constitution was a “tidying up” exercise, simply drawing together in one document for the first time the barrage of treaties that had been agreed over the years. However, he was incensed at Mr Brown’s claim that it was about building a new European superstate.
“No, not at all,” he said. “Europe never changes in one shot, it’s a continuous change. It is clear that no one has had any idea of making nations disappear, not today, not tomorrow, not the day after tomorrow.”
Signor Prodi has been one of the main driving forces behind the constitution and is often accused by his critics of being an arch-federalist, always demanding more powers for Brussels at the expense of individual countries. His admission that the final constitution could be dangerously flawed is likely to be seized upon by Eurosceptics as a reason for simply not signing up to it.
In an interview with The Times, he blamed Britain’s hardline stance in the negotiations — demanding unanimity in many areas — for undermining the constitution, because it would make it “impossible” to make decisions in the enlarged European Union.
He admitted that the pooling of sovereignty enshrined in the constitution was a “change in centuries of history”, but backed Britain’s stance of refusing to hold a referendum because such a vote might be used to protest against the Government on unrelated issues.
A specially selected convention started to write the constitution four years ago and it is now in the final stages of negotiation. Italy, which holds the presidency of the European Council, hopes that heads of state will be able to finalise the constitution when they meet at a special summit next month, but talks have become so deadlocked that it might not be finalised until next year.
The 335-page draft constitution, which would, if adopted, be the first written constitution in Britain’s history, outlines the exact workings of the Union and its institutions and details what powers will be left to nation states. It also enshrines a new Charter of Fundamental Rights, and would take precedence over UK law. The UK has insisted on “red line” issues, including tax and defence, on which all decisions must be unanimous, giving a veto to every member state. However, it has agreed to give up its veto in other areas, including immigration control and energy policy.
Signor Prodi said that the biggest problem was that Britain and other countries, including France, were insisting on a veto on all future changes to the constitution, despite the fact that the EU is being enlarged next year from 15 to 25 countries and in 2007 will expand to 27 countries.
“If you have unanimity, you will never take any decisions, it is clear,” he said. “For revision of the constitution — amendments — with unanimity, you will have a constitution that will not be amendable. And a non-amendable constitution is a weak constitution.
“It means it is not adapted to reality, and the constitution must be adapted to changing reality. Can you imagine the American Constitution without amendments? The amendments have adapted the constitution to a change of reality. Changing the constitution must be a difficult exercise, but not an impossible exercise.”
He said of the process of European integration, which is reaching its apogee in the joint constitution: “It’s a big change from the basic concept of nation states. It’s a change of centuries of history. But the old nation will always be there, in my concept of Europe. This constitution will systematise it, but it is not a revolution, it is an evolution.”
It is up to individual countries to decide whether to hold a referendum to ratify the constitution, and at least six and possibly as many as 12 will hold one. Germany is banned by its constitution from holding a referendum, while Denmark is required by its constitution to do so. Pro-referendum movements are gaining momentum in France and Italy.
The EU has a poor track record with referendums, having lost in Ireland, Denmark and most recently Sweden, and had many scrapes in others. Mr Blair has ruled out a British referendum and Signor Prodi said that, after his experience of referendums across Europe, he did not think it necessary. “I am very expert in referendums, and now I know the limits of a referendum,” he said. “You never answer the question in a referendum, you always answer a different question. Suppose you don’t have a referendum; really you think that people contest the democratic legitimacy? I don’t think so.”
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