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NRC Handelsblad bericht vandaag over een nieuwe tekst voor de europese grondwet, opgesteld door het Actie Comité voor Europese Democratie.

Snelle lezing van het Explanatory Memorandum (de toelichting, pdf 136 kb) leert dat het vooral gaat om een slimme verpakking voor de bestaande ontwerp-grondwet. De bestaande verdragen van EU en EG worden aangepast in plaats van vervangen. Het Handvest van de Grondrechten wordt niet in een verdragswijziging opgenomen, maar wel bindend gemaakt. De andere veranderingen die de nieuwe grondwet beoogde aan te brengen, worden in twee protocollen ondergebracht, met - op het oog - netto hetzelfde resultaat. De precieze voorstellen zijn nu alleen in het Frans beschikbaar.

Het voorstel maakt nieuwsgierig naar de reactie van de Raad van State indien een dergelijke tekst daadwerkelijk aangenomen wordt. Als het vorige verdrag inhoudelijk een grondwettelijk karakter had, heeft deze wijziging dat waarschijnlijk ook en rechtvaardigt het dus net als het ‘oude’ ontwerp een referendum. De vraag is hoe gevoelig de Raad van State is voor een nieuw jasje van de grondwet.

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