Convention: Debate on the Constitution
Published: Friday 13 June 2003
The Convention Praesidium presented the first
complete draft of Part One of the EU Constitution on 26 May
2003. The Convention's Praesidium presented the preliminary
draft of the future EU Constitutional Treaty in October 2002,
and immediately started debating the detailed proposals. The
Convention is due to present the final draft of the future
Constitutional Treaty to the EU leaders at the Thessaloniki
European Council on 20 June. The Member States will negotiate
the Treaty in the framework of the Intergovernmental Conference
in the second part of 2003, and sign it after the EU's
enlargement to 10 new Member States on 1 May
2004.
Links
- Contribution from by Robert
Badinter, alternate member of the
Convention: A European Constitution
(30 September 2002)
Simplification of the Treaties is one of the key
objectives of the Convention. A simplified
constitutional treaty could help to render the EU more
understandable for its citizens, and the
responsibilities of those involved in the
decision-making process would be more clearly
established.
Currently, the EU is governed by several
treaties that have been revised during its 50-year
history. The three original Treaties founding the
European Communities were the Treaty establishing the
European Community, the Treaty establishing the Atomic
Energy Community and the Treaty establishing the
European Coal and Steel Community. They were followed
by the Single Act, the Treaty on European Union (Treaty
of Maastricht), the Treaty of Amsterdam and the Treaty
of Nice, which entered into force on 1 February
2003.
In addition, the Treaty of Maastricht created a
new entity, the European Union, with a three-pillar
structure: the Community pillar (corresponding to the
three Community Treaties), the Common Foreign and
Security Policy (CFSP) pillar and the justice and home
affairs (JHA) pillar.
The Treaty of Amsterdam transferred to the
Community pillar part of the activities covered by the
third pillar, which is now limited to judicial and
police cooperation in criminal matters. The main
characteristics of the second and third pillars are
decision-making procedures and instruments of action
which are more intergovernmental in nature than the
Community method.
Other EU primary legislation comprises:
Accession Treaties;
Acts or Decisions (for example, Decisions
relating to the location of the seats of institutions
or other bodies, or the Act concerning the election of
representatives of the European Parliament by direct
universal suffrage);
around 40 Protocols having the value of
Treaties;
many Joint or unilateral Declarations
accompanying each Treaty.
The Convention' Praesidium unveiled the first
outline of the future European Constitution, entitled
the "Treaty establishing a constitution for Europe", on
28 October 2002.
On 26 and 27 May, the Praesidium proposed the
complete draft of the future Constitution. Some of the
key points are:
EU to have legal personality and single legal
framework;
EU to be called 'European Union';
Permanent EU President to replace six-month
rotating Presidency by each Member State;
EU Foreign Minister to conduct common foreign
policy;
Mutual defence clause to provide for mutual
assistance in case of terrorist attack; a predecessor
to common defence policy;
Commission to be reduced to 15 full members and
15 associate commissioners without voting
rights;
European Parliament's powers more than doubled
from 34 to 70 policy areas;
EU Public Prosecutor to investigate cross-border
fraud against the EU taxpayer;
Legally binding Charter of Fundamental
Rights;
Members of the eurozone to appoint 'Mr Euro' and
to set economic policy guidelines for the
eurozone;
Tax harmonisation introduced;
Qualified majority voting applied in most areas,
nation vetoes limited to a small number of
areas;
A double majority system will require the votes
of half the Member States, representing at least 60
percent of the total EU population;
Membership exit clause to allow Member States to
leave the EU after negotiating exit terms.
Here is the draft Constitutional Treaty debated
by the Convention:
- , 28 October 2002 [ FR ] [ DE ]
Part I of the Constitution
Part Two of the Constitution
Protocols
Method of coordination
Positions :
The eight largest environmental NGOs in Europe,
the
"Green 8" , have issued a letter to the members
of the Convention's Praesidium on 13 May 2003,
outlining serious concerns about the Convention's draft
for a European Constitution. The organisations urged
Convention members to make key changes to the draft
Constitution during the final few days of their work.
The open letter focuses on the following five
issues:
Lack of an ambitious approach to environmental
protection and a definition of sustainable
development;
Possible deterioration of the principles of
environmental policy integration and policy
coherence;
Vague and incomplete requirements for
participatory democracy;
Outdated chapters on policies must be revised
properly to ensure that they reflect the EU's
objectives of environmental policy integration,
improving the quality of life and sustainable
development;
The legitimisation of Euratom would be a
pro-nuclear decision, and as such is an unacceptable
promotion of one single, heavily disputed form of
energy production.
The British Government proposed that an EU
Constitution should clarify the division of powers
between the EU and national governments. It should
enshrine a simple set of principles, set out in plain
language what the EU is for and how it can add value,
and reassure the public that national governments will
remain the primary source of political legitimacy. A
new EU body, "a subsidiarity watchdog", comprised of
members of national parliaments, is to be created to
check that the EU is not taking power from national and
regional governments.
The Group of the European People's Party and
European Democrats in the European Parliament said that
a future European Constitution should build on the
existing Treaties to create a community sharing a
common legal system. It should bring together in one
document the current EU law, divided into five parts:
the Charter of Fundamental Rights, the principles of
the Union, its organisation, reinforced cooperation and
general and final regulations.
The British Liberal MEP,
Andrew Duff , Member of the European Convention,
proposed that a European Constitution should merge the
three 'pillars'. The security and defence policy should
remain primarily under the control of the Council.
Organic Law should be introduced as a new form of
legislative act at the top of the hierarchy, designed
for quasi-constitutional matters where the balance of
power between the institutions and among Member States
is affected.
The Convention will continue its debate of the
draft Articles of the future Constitutional Treaty at
its plenary sessions on 15-16 May, 30-31 May, 5-6 June
and 12-13 June.
The Convention is due to present its proposal
for a draft EU Constitutional Treaty to the European
Council in Thessaloniki on 20 June 2003.
The Intergovernmental Conference (IGC) that will
follow the Convention is to adopt a new Constitutional
Treaty for the Union. The 10 future Member States will
fully participate in the IGC and the Treaty is due to
be signed after their accession to the EU.