Brussels, 08/12/2004 (Agence Europe) - Gian Luigi Tosato and Ettore Greco have stated in a document edited by the IAI (Instituto Affari Internazionali) in Rome, in collaboration with the Institute of International Law at the Università della Sapienza, entitled "Riflessioni in tema di ratifica e anticpazione del Trattato constituzionale per l' Europa, that innovation will need to be introduced by the European Constitution before it comes into force (new control functions of national parliaments, attribution of certain powers from the minister of foreign affairs to the CFSP High Representative, solidarity clause in the management of migratory flows). Above all, the authors formulate solutions for cases where ratification is not forthcoming in certain Member States by making a distinction between:
1) solutions "arranged" between states (which would be preferable). Several possibilities exist: revision of the constitutional treaty by convening a new intergovernmental conference with a timetable for simplified procedure or another Convention followed by an IGC; attribution of a specific status within the EU for countries that say "no" (but opting-out formulas will be difficult for procedures and institutions); attribution to these countries of a specific out-of-the-Union status (for example in cases where a countries or a small number of countries reject the constitution by a large majority); decision to get rid of the Constitution definitively (option that is difficult to accept for many Member States).
2) "non-arranged" solutions ("extreme ratio" solution in the event of decision-making process being paralysed). According to the authors, they could: for non-ratifying countries, establish sectoral or "strengthened" integration agreements for certain policies or the more radical solution of setting up a structure to allow systematic co-ordination of the positions of certain countries in the Union (a common representation of these countries inside the Council would even be conceivable); the possibility of a decidedly more draconian solution by ending the ongoing process and launching another, which would represent a refounding of the Union between countries that ratified. This includes two possibilities: the entry into force of the Constitution with ratification of only certain Member States for whom the current treaties would be abrogated and replaced by the new one or else allowing the countries that ratified to leave the current treaties and sign and ratify the Constitution or a new founding treaty between them.