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Future
of Europe
News
The
Constitutional
Treaty: an
overview
EU
Enlargement
The
IGC
The
Draft Constitutional
Treaty
The
Convention on the
Future of
Europe
Scotland's
contribution to the
debate
UK
Useful
sites
News
On
25 March 2007,
celebrating the EU's
50th anniversary in
Berlin, EU leaders
signed the
Berlin
declaration
that vowed to put the EU
on a "renewed common
basis before the
European Parliament
elections in
2009".
On
21 - 22 June 2007 at the
European Summit, Heads
of States and
Governments agreed on a
detailed mandate on key
aspects to be included
in an EU reform Treaty,
which will be drafted
by an Intergovernmental
Conference (IGC) to open
on 23 July
2007.
The
conclusions reached by
EU Leaders on 23 June
are a complex
compromise, which
introduces measures to
reform the EU’s
institutions and
decision making
processes to better
accommodate 27 Member
States and adapt to the
challenges of
globalisation. Among the
compromise reform
measures agreed was the
renaming of the proposed
EU Foreign Minister as
‘High
Representative of the
Union for Foreign
Affairs and Security
Policy’ and a UK
opt out from the Charter
of Fundamental Rights
annexed to the Treaty.
On the issue of double
majority voting, Poland
conceded to its
introduction in return
for a prolongation of
the current
system.
For
a detailed report on the
mandate agreed on 23
June, please click
here
Presenting
the Portuguese
Presidency's programme
to the European
Parliament on 11 July,
Portuguese Prime
Minister José
Socrates underlined that
agreeing on a new EU
Treaty text by 18 - 19
October (European
Council in Lisbon) was
Portugal top
priority.
The
Constitutional
Treaty: an
overview
Background
In
December 2001, further
to a growing need for
more tranparency,
efficiency and
democracy, the European
Heads of State of
Government adopted the
Declaration of on the
Future of the Union,
also known as the
Declaration
of
Laeken.
Subsequently,
a Convention
presided by former
French President
Valéry Giscard
d'Estaing was set up,
thus gathering
representatives from
governments and
parliaments with the
objective to draft a
text which
would:
-
gather the existing
European Treaties for
more simplicity and
clarity,
-
give the institutional
means to function
effectively in an
expanding European
Union,
-
enhance the European
integration with a
"constitutional
text".
The
Convention presented its
text in July 2003, which
has three key
parts:
-
Part 1: the Union
(definition and
competences). It finally
gives a legal
personality to the
European Union, as
opposed to the European
Communities. The
European Union a legal
personality, allowing it
to sign agreements with
third parties, and sets
out the institutional
make-up of the
Union.
-
Part 2: the Charter of
Fundamental Rights,
which had been a
parallel text until
then.
-
Part 3: Policies and
Functioning of the
Union, which reunites
the former European
treaties.
Final
report of the European
Parliament (Committee on
Constitutional Affairs)
on the Constitution for
Europe:
Further
details on the content
of the Constitutional
Treaty:
Agreement
found on Constitutional
Treaty
In
June 2004, EU Heads of
State and Government met
in Brussels to discuss
the draft Constitutional
Treaty and to try and
agree a final text. The
previous attempt to find
agreement had ended in
failure afer member
States failed to agree
on voting rights in the
Council of Ministers.
This time, however,
after two days of
negotiating, agreement
was achieved.
The
European Constitution
was meant to have been
ratified by all 25
Member States within two
years. However the
rejection of the treaty
by voters in France and
the Netherlands in 2005
has caused some
countries to postpone
moves towards
ratification.
EU
leaders sign the
Constitution for
Europe
On
Friday 29 October 2004,
the Heads of State and
Government of EU Member
States signed, in Rome,
the Treaty establishing
a Constitution for
Europe as well as the
final Act. Although it
is known as the
‘Constitution’,
the text is an
international treaty
just like all the others
that have been ratified
in the course of the
construction of
Europe.
The
ceremony took place in
the very same room where
the six original Member
States signed the Treaty
establishing the
European Economic
Community in 1957. The
candidate countries
Bulgaria, Romania and
Turkey also signed the
Final Act. Following the
signing ceremony, Member
States now have to
ratify the Constitution
in accordance with their
respective internal
requirements.
Ratification
process: French and
Dutch say no to the
referendum
In
order to enter into
force, the Constitution
must be ratified by the
27 Member States that
make up the European
Union.
Ratification
can be done by referenda
or through national
parliaments.
To
follow the process, you
can see the
European
Commission Interactive
map on the state of play
in the Member
States
To
date 16 countries have
already ratified the
European Constitution:
Austria, Belgium,
Bulgaria, Cyprus,
Estonia, Finland,
Greece, Hungary, Italy,
Latvia, Lithuania,
Luxembourg, Malta,
Romania Slovenia and
Spain have ratified the
constitutional treaty.
Spain and Luxembourg
held referenda, with
large majority in
favour. Germany and
Slovakia have completed
parliamentary procedure
required for
ratification but the end
of the process is still
pending.
However,
in 2005 French(29 May)
and Dutch (1 June)
voters rejected the
Treaty in referenda. The
failure of the
constitution to win
popular support in these
two countries caused
some other countries to
postpone or halt their
ratification procedures,
and the Constitution now
has a highly uncertain
future, provoking a
crisis.
A
pause for
reflection
At
a summit in Brussels in
June 2005, EU leaders
called for a 'pause for
reflection' in the
ratification process and
a one year period of
reflection. The aim was
to let time to define
the next steps and avoid
a chain of negative
votes.
Plan
D and Communication
Policy
Plan
D for Democracy,
Dialogue and Debate is
the European
Commission's
contribution to the
"period of reflection"
on the ratification of
the Constitutional
Treaty.
Plan
D was launched in
October 2005 so as to
put in place a
framework, through
national governments,
for a 25 country debate
on Europe’s future.
The clear objective is
to build a new political
consensus about the
right policies to equip
Europe to meet the
challenges of the 21st
Century.
This
is closely intertwined
with the will to enhance
a European Communication
Policy closer to
citizens led by
Commissioner Margot
Wallstrom. A far
reaching
White
Paper
and consultation has
been launched by the
European
Commission.
The
agreement to postpone
any decision to
2008
In
May 2006, one year after
the opening of the
"period of reflection",
the Commission gave a
review of this period
and invited the Member
States to postpone to
2008 any decision on the
Constitution,
particularly to wait for
French presidential
legislative
elections.
This
suggestion was agreed by
the Heads of State and
Government in June
2006.It was also decided
that Germany would be in
charge to present at the
end of its Presidency a
report on the progress
of the discussion and
the possible development
in the
future.
Approving
the Constitutional
Treaty - Obstacles and
Options
The
different proposals for
a
relaunch
Germany:
- As
EU presidency holder,
is engaged in
informal bilateral
discussions with
member
states;
- trying
to salvage as many of
the elements of the
EU Constitution as
possible, and;
- would
like to see a text
adopted before the
next European
elections in 2009.
For
more information on the
German Presidency's role
in the relaunch process,
please see the News
section
16
member states that have
already ratified the
Constitution and Ireland
and Portugal
:
- Want
to save the substance
of the text. Under
Spanish-Luxembourgish
initiative Friends of
the Constitution,
and;
- they
have spoken out in
favour of a
'maxi-treaty'.
Belgium:
- Is
in favour of a
'Constitution plus'
and opposes a simple
amendment or 'mini
treaty', and;
- would
like to add: more
qualified majority
voting, more
socio-economic
policies, more
European defence and
a treaty revision
mechanism, allowing
for further
multi-speed
integration.
France:
- President
Nicolas Sarkozy would
like to see a
simplified treaty,
adopted by
parliamentary
majority, which takes
on the main
institutional changes
foreseen by the
Constitution.
Italy:
- Wants
to preserve as much
as possible of the
Constitutional
Treaty, and;
- can
imagine a two-speed
Europe.
The
Netherlands:
- Are
in favour of an
'amended treaty'
instead of a new
Constitution, which
would have to go
through a second
referendum;
- would
like to see the
criteria for
enlargement included
in the treaty, and;
- is
critical of creating
the post of EU
foreign minister.
the
United Kingdom:
- Wants
to see a simple
amended treaty
instead of a
Constitution;
- drop
the labels
"Constitution" and
"EU foreign
minister";
- seeks
to avoid having to
hold a referendum on
a new treaty, and;
- supports
changes in the new
treaty to make the EU
more efficient.
Poland:
- Would
like to reopen the
discussion on the
institutional changes
brought by the
Constitution,
especially the
Council voting
system;
- thinks
the document needed
to be re-elaborated,
and;
- would
like to insert a
reference to the EU's
Christian roots.
Czech
Republic:
- Is
opposed to a
Constitution and
would rather see a
new treaty;
- thinks
the 2009 timeline for
a new treaty may be
too soon;
- is
critical of creating
the post of EU
foreign
minister
- seeks
to renegotiate the
issue of Council
voting
rules;
- wants
to scrap the Charter
of Fundamental
Rights, and;
- would
like to reopen the
discussion about the
division of
competences between
the EU and its member
states, but;
- is
not opposed to a
possible "two-speed
Europe" with
different levels of
integration.
EU
Enlargment
After
the EU
Enlargement
The
enlargement of the
European Union that took
place on 1 May 2004 and
1 January 2007 has
changed the daily lives
of the 494 million
people in the now
27-nation bloc. Here is
a list of some of the
changes:
In
principle, the EU's
enlargement by ten new
Member States (EU-10)
means that each citizen
of the Union now has the
right to live and work
in any of the 27 Member
States (EU-27). However,
in practice, the
majority of the original
Member States have
imposed restrictions on
their employment and
welfare systems driven
by fears of large-scale
labour migration from
Central and Eastern
Europe. Here you may
find an overview of each
member State's
position:
EU
Enlargement
day
Cyprus,
the Czech Republic,
Estonia, Hungary,
Latvia, Lithuania,
Malta, Poland, the
Slovak Republic and
Slovenia are now members
of the European Union.
The addition of ten new
Member States to the EU
on 1 May 2004 was being
celebrated all over the
25 European Member
States. The weekend saw
a huge variety of events
from the west coast of
Ireland to the eastern
border of Poland, and
from Valletta in the
south to the
northernmost tip of
Finland, ranging from
concerts and exhibitions
to food fairs, debates
and border exchanges.
And there was a strongly
personal note in the
celebrations, as
European citizens as
well as European
politicians marked the
occasion.
European
Commission Enlargement
website
Scotland
Europa Special Paper:
Meet the Future Member
States
Views and opinions from
the 10 countries joining
on May 1st 2004, on
their future in the EU
(April 2004)
The
Intergovernmental
Conference
Following
the completion of the
work of the Convention
on the Future of Europe
on 10 July 2003, an IGC
was convened. An IGC
brings together the
Heads of all Member
States, and is the
process used to discuss
and agree all Treaty
changes. This IGC
discussed the draft
Constitutional Treaty,
prepared by the
Convention.
At
the final meeting of the
IGC, which coincided
with the December
European Council, it was
found to be impossible
for agreement on the
text to be reached. The
main reason for this was
that Member States could
not agree on voting
allocations to be used
in the Council of the
European
Union.
The
Draft Constitutional
Treaty
The
draft is a single text,
which if agreed, would
replace all existing
Treaties. It consists of
four parts:
- the
Union's objectives,
powers,
decision-making
procedures and
institutions
- the
Charter of
Fundamental
Rights
- the
Union's
policies
- Final
clauses, including
procedures for
adopting and
reviewing this
Constitution
The
draft includes a wide
range of policy and
institutional proposal,
but some of the main
points of change
include:
- a
new President of the
European Council to
replace the rotating
Presidency
- a
Commission with a
maximum of 15 full
members, with up to
15 associate
members
- reform
of the Qualified
Majority Voting
system used in the
Council. There would
be a new 'double
qualified majority',
where a majority of
member States would
have to vote in
favour and this
majority would have
to represent 3/5 of
the EU population.
QMV would be extended
to cover more policy
areas, including
Justice and Home
Affairs.
- creation
of the post of
European Union
Foreign
Minister
- the
EU would have a
single legal
personality, ans
would lose the
'pillar' structure it
currently
has.
A
full copy of the
draft
Constitutional
Treaty
can be downloaded
here.
To
consult a chapter by
chapter, web-version of
the Constitutional
Treaty, please click
here.
- The
European Constitution
in the making
Kimmo Kiljunen, who
represented the
Finnish Parliament in
the Convention, has
published a book
relating his
experiences as a
‘conventionnel’
and explaining the
proposals of the
Convention and how
and why they came to
be agreed. Drawing on
his deep personal
involvement in the
whole process,
Kiljunen presents a
systematic overview
of the draft EU
Constitution combined
with an
insider’s
account of the
critical junctures in
the work of the
Convention.
For more information
and to buy this book
online at the CEPS
shop, click
here
The
European
Convention
Background
- The
Youth
Convention
Meeting
in Laeken on 14-15
December 2001, the
European Council decided
to establish a
Convention in charge of
working on the Future of
Europe, which work will
pave the way for the
2004 Inter-Governmental
Conference. After
presenting an analysis
of the state of the
Union and setting the
challengies and
expectations in view of
enlargement,
The
Laeken
Declaration
sets the basic rules and
objectives of the
Convention's
work.
28
February 2002 -
Convention Inaugural
Meeting: The
Speeches
The
Convention Inaugural
Meeting took place in
Brussels on 28
February. Click
here
to view the speeches
delivered on that
occasion by José
Maria Aznar (President
of the European
Council), Pat Cox
(President of the
European Parliament),
Romano Prodi (President
of the European
Commission) and
Valéry Giscard
d'Estaing (President of
the
Convention).
The
UK's representatives on
the Convention
were:
UK
Government
- Peter Hain MP and
Baroness Scotland of
Asthal
UK
Parliament
- Gisela Stuart MP and
David Heathcoat-Amory
MP, Lords Tomlinson and
Maclennan of
Rogart
European
Parliament
- Timothy Kirkhope MEP,
Linda McAvan MEP, Andrew
Duff MEP, The Earl of
Stockton MEP and Prof.
Sir Neil MacCormick
MEP
Sir
John
Kerr
is the Secretary-General
of the
Convention
The
Forum
The
Convention is also
hosting a wider
Forum
as
part of its
work.
The
European Youth
Convention
In
his opening speech
Valéry Giscard
d'Estaing said that it
he would like to see a
forum created for the
Young people of Europe
to put forward their
ideas on the Future of
Europe.
On
July 9th-11th 2002 the
European
Youth Convention
met
at the European
Parliament in Brussels,
bringing together 210
young people between the
ages of 18 and 25 from
all the EU member states
and accession countries,
to discuss their ideas
for the Europe in which
they would like to live
in the
future.
Sarah
English, Scotland Europa
Executive , was one of
the 32 delegates
selected by the European
Parliament. Read her
article, from the
Scotland Europa report
to members, on the Youth
Convention
here.
Top
"The
Future of Europe Debate:
a Scottish
Perspective"
Scottish
Executive website on the
Future of
Europe
- Have your say!
European
Committee calls for
greater recognition of
Scotland in the European
Union The European
Committee has called for
a new European
Constitutional Treaty to
clarify the respective
roles and powers of the
European Union, Member
States and 'regions' and
nations, such as
Scotland.The call comes
from a report being
submitted to the Future
of Europe Convention,
Westminster and Scottish
Ministers, as well as
all national and
regional Parliaments
across
Europe.
Debate
on the Future of Europe
in the Scottish
Parliament - Thursday
5th December The
Scottish Parliament
agreed to a motion by Mr
Jim Wallace, Deputy
First Minister, and
Minister for Justice,
that "the Parliament
acknowledges the many
benefits that the
European Union has
delivered for Europe and
for Scotland, welcomes
the establishment of the
Convention on the Future
of Europe as an open and
innovative means of
addressing the issues
now facing the European
Union; believes that, in
light of experience, the
European Union needs to
become more effective,
efficient, easier to
understand, democratic,
transparent and
accountable; recognises
the role that Sub-Member
State Administrations
can play in realising
these objectives;
welcomes the Scottish
Executive's engagement
with Scottish civil
society to stimulate
discussion and to seek
views on the Future of
Europe; welcomes the
contribution that the
Executive has made to
the debate so far, and
calls on the Executive
to press the Convention
to bring forward
proposals for
strengthening the
profile of the
Subsidiarity Principle
in the EU treaties,
adopting a new mechanism
for enforcing it which
allows for full
Sub-Member State
Administration
involvement, making
greater use of framework
legislation, consulting
Sub-Member State
Administrations at an
early stage of policy
development, generating
greater transparency in
European decision-making
and introducing
financial impact
assessments for
legislative
proposals."
First
Minister Jack McConnell
delivered a speech on
the Future of Europe at
an event co-organised by
the Scottish Executive
and the European Policy
Centre which was held at
Scotland House last 6
June.
Download
First Minister's
speech
Scotland's
Participation in the
Future of Europe -
Laeken and the IGC
Convention,
a report from the
Scottish Parliament
Information
Centre.
The
Scottish
Executive and
CoSLA published a
paper on the European
Commission's Governance
White Paper -
download.
Report
of the Scotland
Europa/Scottish
Executive seminar on
'The
Future of
Europe',
held on 9-10 October
2001 in Scotland House
in Brussels.
The
Governance Debate :
Scotland's
contribution
Top
UK
Foreign and
Commonwealth
Office
site
on
the Future of
Europe.
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sites
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