At the time this issue of EuConst goes to the press, May 2007, the German presidency is nearing the climax of its efforts to solve the conundrum of the future EU treaty or constitution. There is no way of even guessing what the outcome will be, as every day brings a new set of circumstances and proposals.

National parliaments near-universally endorsed in the European Union constitution-building process – Case for national parliaments a composite one: different scholarly approaches and national and European institutions support a greater role for national parliaments for different reasons – The overall endorsement of national parliaments remains a balancing act between competing agendas – Future reforms and treaty-drafting efforts most likely will continue to favour approaches of open-ended political content – No risk for the national governments nor Union institutions.

EC-directive, unique nature. Questions and debate. Irremovable from EC law. Change of name and context in Constitution. Concept of law. Opportunities missed. Evolution to continue.

Origin of referendum discussion in the Convention. The national debate on referenda. The crucial role of the liberal party. Referendum bill private members initiative. Referendum Act an ad hoc consultative referendum. Referendum the first opportunity for a broad political debate on the EU. Complacency and disorganised arguments of the ‘yes’ campaign. First analyses of referendum.

On 21 September 1792, at Danton's proposal, the French National Assembly declared that ‘there can be no constitution but one approved by the people’. In France, the idea of direct democracy dates back to the Revolution. However, due to the Terror and the practice under Napoleonic Empires, in which they were turned into plebiscites, referendums acquired a negative connotation. Under the Vth Republic, De Gaulle turned referendums into an instrument of personalisation and presidentialisation, and since his day, there have been few referendums staged. In 10 years of office, President Jacques Chirac only used it twice with much less success and political courage.

Dutch government disoriented and confused. Confusion and surprise are normal. Confusion becomes visible. Gapap between authorities and people is part of political life. Citizenship aspects. Citizenship cannot be produced. Community of fate. Institutions and routines needed.

Part One: Referenda required to amend Irish Constitution. Referenda on accession to EEC, the Single European Act, Maastricht and Amsterdam. Development by courts of rules for fairness of referendum campaigns. Referendum Acts and Referendum Commission.

Part Two: First Nice Referendum dominated by euro-anxiety, Irish neutrality and enlargement. Second referendum on same subject not unusual and acceptable according to domestic criteria. Concessions and clarifications. Effect on the Convention on the Future of Europe.

Part Three: implications for the Constitutional Treaty.

The provision relating to the adoption, ratification and entry into force of the Treaty establishing the Constitution for Europe is probably one of the most difficult ones, both in legal and political terms. It is supposed to define the legal nature and quality of the entire EU process in its present and future phase. There is an inherent ambiguity about the legal nature of the treaty, which is already apparent in the title, and there are profound political implications as well. Is the Treaty establishing a Constitution for Europe a treaty or a constitution? Can it be both or neither? These are hard questions indeed.