On November 3, 2002, the Turkish elections brought an overwhelming victory for the Justice and Development Party (Adalet ve Kalkınma Partisi-AKP), the first party since 1987 to secure a clear majority in Parliament. It triumphed on a ticket including Turkey's entry into the European Union. Valéry Giscard d'Estaing then grasped the occasion and his newfound status of Convention chairman to vent an old conviction (reported in Le Monde of 9 November) that Turkey's entry into the EU would be ‘the end of European Union’. It was a good thing that hardly anyone in the Convention took notice of this irrelevant and even irresponsible step. But in the eyes of the public a link between the Constitution and Turkey's accession had been established beyond doubt. It could only be undone by European leaders in power (first by Chirac) at the cost of heavy concessions to populist demands. France will have a separate referendum on Turkey and on other accessions thanks to a constitutional amendment (see Carcassonne's contribution to this issue). Other countries will follow no doubt.

In importance for the Union's constitutional evolution, the October 2004 events at least equal the European Constitutional Convention, including the IGC. This is the idea behind the following tens of pages in this issue of EuConst devoted to their analysis. Eight authors have been involved in putting together this story, seven of whom are young researchers from different countries in the Union. Their participation allowed many national aspects of the drama to be brought out in a way which otherwise would have been impossible.

Meeting of constitutional form and matter. Matter in the sense of Machiavelli's ‘political life’, clashes between the establisment and the people. EU investiture struggle and its outcomes. Structural elements of the EU Constitution: authority, representation, political federalism.

Italian governmental crisis at the origin of Rocco Buttiglione's nomination. Hearing before Civil Liberties committee and unprecedented rejection of Buttiglione. October events trigger changes in Italian governmental team. The EU: a Catholic conspiracy?

Kovács's survival in the Barroso Commission through change of portfolio. Result of Hungarian and European party politics. Interconnected fates of various Commissioners.

British successes and failures in Barroso Drama. Several reasons for Blair's support for nomination Barroso. Blair's personal choice for Peter Mandelson. Ambivalence in Mandelson's action during the affair. Pressure from London on MEPs.

Fluctuating French media attention for Barroso's drama. Chirac's support for Manuel Barroso. Appointment of European Commission and French Constitution. French debate on candidacy Barrot and the assigned transport portfolio. Offer extreme right party to save Barroso's team. The unmentioned embezzlement.

Appointment of European Commission and German Constitution. Influence EPP's electoral victory and German internal politics on Barroso's appointment. Socialist Verheugen accepted by rightwing German politicians. Role of national politicians and German MEPs in Buttiglione crisis.

Dutch debate on choice of candidate for European Commission. Criticism EP on Neelie Smit Kroes's candidacy. Dutch incapacity to find a solution. National inter-party struggles and impact on European affairs.

Collective involvement of member states. Law and practice of nominating the European Commission president and his team. The responsibility to resolve the political conflict and the failure of the Dutch Council presidency. The European Council providing the political authority necessary for a solution.

Area of freedom, security and justice. One of the most significant developments in European Integration. Assessment of the contribution of the Constitutional Treaty to further development. Formal abolition of pillar structure partially undermined by special provisions. Relevance of Charter of Fundamental Rights. Union powers strengthened, but likelihood of restrictive interpretation. Revised policy objectives: few new openings, but possibly important implications. Solidarity as a new integration principle. Is majority voting justified in particularly sensitive areas such as police and judicial co-operation in criminal matters? Monstrosity of the emergency-brake procedure. Strengthening of European Parliament and Court of Justice, but not overall. Perspective of enhanced co-operation.

Notion of constitutional concept varies over time and space. Constitution for Europe as a further step in guaranteeing rights and separating powers. Amongst others French, Italian, German and Swedish national concepts in the Treaties of the European Communities and of the European Union. Several causes for difficult tracing of national concepts in the Constitution for Europe. Convention method: instead of by diplomats and EU experts, drafting by members of Parliament and (former) members of Government. More room for national concepts. The Intergovernmental Conference: the Empire strikes back, but with mixed impact. Parallels with other constitution making procedures. Concept of constitution: structure and size no argument for denying constitutional character; Constitution octroyée v. contrat social; Franco-American revolution v. British tradition.

Differences between parliamentary inviolability and parliamentary non-liability. Parliamentary inviolability in the Turkish constitution. Also for ministers. Scope and duration. Lifting of inviolability by the Grand National Assembly. Possibility of judicial review. Constitutional amendments to limit inviolability in the combat against corruption rejected.

When thinking about the integration of the European sovereign states in the European Union, one does not need to be a euro-sceptic to perceive a big fish devouring little fish. Of course, the individuality of the different countries is assured in the European Union. Article I-5(1) of the European Constitution establishes that the Union shall respect their national identities inherent in their fundamental structures, political and constitutional, and their essential state functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. Europe is to be ‘United in diversity’. Yet, however considerate the Union may be of the various European countries, unity can exist only by the grace of all member states' loyally fulfilling their European obligations.

The only real surprise of the recent decision of the French Conseil constitutionnel [constitutional Council] concerning the compatibility between the European and the French Constitutions was the timing of it. According to Article 54 of the French Constitution, a treaty may be submitted for constitutional review at any time before ratification. In this instance, Jacques Chirac acted with unusual promptness, submitting his request on the very day the Treaty was signed, 29 October 2004. The Conseil itself reacted with equal speed, issuing its decision exactly three weeks later on 19 November 2004. Behind both courses of action lies the shadow of political concern related to the Socialist Party referendum on the European Constitution.

Shortly before the European Council reached political agreement on the European Constitutional Treaty (18 June 2004), the Conseil constitutionnel [the French constitutional court], rendered a decision on the relationship between (secondary) community law and the French Constitution that will still be pivotal once the Constitutional Treaty has entered into force. Taken on 10 June 2004, the decision was only made public five days later. The Conseil feared that it would be presented as ‘a French abdication in the face of the European institutions’ and might influence the elections for the European Parliament of 13 June 2004.

In the fourteen years since Estonia regained its independence in 1991, the Europeanisation of its legal, political and economic system has been rapid. Estonia became a member of the Council of Europe in May 1993 and has, thereafter, ratified most of its important international human rights conventions. Before becoming a member of the European Union in May 2004, a large-scale harmonisation of its laws with the EU standards has taken place. Two recent decisions by the Estonian Supreme Court, the subject of the present annotation, on the application of the European Convention of Human Rights (ECHR) and the execution of the decisions of the European Court of Human Rights illustrate the way in which European standards have become a part of the Estonian legal system.

1. PETER NORMAN, The Accidental Constitution, the story of the European Convention. Brussels: EuroComment, 2003, 406 p. ISBN 9077110054

2. KLEMENS H. FISCHER, Konvent zur Zukunft Europas. Texte und Kommentar. Baden-Baden: Nomos Verlagsgesellschaft, 2003, 542 p. ISBN 383290171X

3. ETIENNE DE PONCINS, Vers une Constitution européenne. Texte commenté du projet de traité constitutionnel établi par la Convention européenne. Paris: Editions 10/18, 2003, 528 p. ISBN 2264038179

4. VALÉRY GISCARD D'ESTAING, La Constitution pour l'Europe. Paris: Editions Albin Michel, 2003, 396 p. ISBN 2226142010

5. JEAN-LUC DEHAENE, De Europese uitdaging. Van uitbreiding tot integratie. Leuven: Van Halewyck, 2004, 237 p. ISBN 9056175645