Between cherry-picking and salvaging the Titanic: Spain and the rescuing of the essence of the EU Constitution

Within the context of the prevailing situation that came about as a result of the rejection of the EU constitutional treaty in 2005 and the subsequent inefficient reflection period, Spain has been faced with several options and scenarios[1]. Each presents risks and opportunities in terms of contributing to the rescue of the original text, its possible transformation, or its termination. In any event, it appeared that the Spanish leadership wanted to make the point that if “Europe is the problem, Spain is the solution”, rewriting Ortega’s historical assessment (Ortega, Obras). This paper first analyses the options, scenarios and possible outcomes, with a special emphasis on the activities led by the new Spanish government elected in 2004. It then concludes with a commentary on the contribution to the agreement made at the end of the German presidency of the EU in June of 2007, opening the way for a new Intergovernmental Conference and “Reform Treaty”.