The European constitution will simplify and unify the legal provisions governing security and justice in the European Union, the Minister for Justice said today.
Addressing the National Forum on Europe in Dublin Castle this morning, Mr McDowell said changes which have transformed Europe and Ireland over the last 30 years have created opportunities for those who commit serious crime or acts of terrorism.
Describing the European constitution as "central to our future development as part of a vibrant and forward-looking Europe", Mr McDowell cited the September 11 attacks and the Madrid bombings as examples that highlighted the need for co-operation at EU level.
Mr McDowell said the provisions in constitution were a natural development of the Maastricht Treaty (1992) of increasing co-operation between member states.
"The changes which the European constitution makes will, I believe, significantly enhance the capacity of the Union to facilitate co-operation in justice and home affairs matters in the context of the development of the Union as an area of freedom, security and justice while meeting our key national concerns."
The issue of clarity and simplicity are dealt with in Chapter IV of the Treaty, which espouses the objective of a union "constituting an area of freedom, security and justice "with respect for the fundamental rights and the different legal systems and traditions of Member States," the Minister said.
He predicted the extension of qualified majority voting and co-decision to many aspects of judicial co-operation in criminal matters, as well as police co-operation, with unanimity retained for key decisions.
Under the constitution, member states can bring forward initiatives on policing and co-operation, but these will be required to be sponsored by at least a quarter of members.
France will hold a referendum on the constitution on May 29th, with opinion polls suggesting French voters will reject it. The constitution has to be ratified by every country, although not every country plans to hold a referendum.
Ireland plans a referendum, although the Government plans to rewrite its proposed wording for the referendum excluding a clause that would have given the State power to sign up to a wide range of EU policy changes without referendum.
