EU TREATY TOUGH TO SOLVE

EU treaty blueprint sets stage for bitter negotiations
20.06.2007 - 12:47 CET | By Honor Mahony

EUOBSERVER / BRUSSELS - The German presidency has a paper outlining the issues it suggests need negotiating in an intergovernmental conference on a new treaty - but the list, which includes foreign policy, the role of national parliaments and citizens rights, looks set to give rise to lengthy and bitter negotiations.The 11-page document - obtained by EUobserver - suggests that many of the innovations of the EU constitution be dropped, right down to the naming of new laws.

The new document should be called a Reform Treaty, the foreign minister should have another title, symbols such as the anthem and flag should be dropped, a sentence on the primacy of EU law should be taken out in favour of a declaration on existing EU case law, while EU legislation should continue to be called regulations and directives, instead of EU laws and framework laws.The paper also allows for opting-out of judicial and police matters - enabling member states to go forward on a given dossier while allowing others not to participate. If a third - or nine - member states want to go ahead with cooperation in this area, they should be able to, according to the paper.

Foreign policy

There is to be some new language on common foreign and security policy, which the UK has pushed up the topic hotlist with several 11th hour complaints.A new paragraph suggests that foreign policy is subject to specificic procedures and that the European Court of Justice shall not have jurisdiction in this area. The European Commission and the European Parliament are not to get any extra power and language in related articles is to be tightened up so that the union cannot get more authority in this area. The topic came up for heated discussion on Tuesday evening when London indicated that it wanted to reduced the powers of the foreign minister. It also objected to the proposed EU diplomatic service, saying it should only contain national officials. Meanwhile, national parliaments would be given slightly more say on EU legislation but not going nearly as far as some countries - such as the Netherlands - have pushed for.

The length of time that they have to object to laws proposed by the commission will be extended from six to eight weeks. If a third of national parliaments object to a proposal, then the commission will have to submit a reasoned opinion as to why it is bringing the law, but it will not be obliged to withdraw it.

Power-sharing and enlargement

The final provisions of the treaty foresee an article on volunatary withdrawal from the union while procedures for revising the treaty are to remain. But it is to be made clear that treaties can be revised to increase or reduce the competences conferred upon the union. Meanwhile, the criteria for further enlargement of the union are to be changed. Would-be member states will have to respect the values of the European Union rather than the principles as currently stated. Countries will also be obliged to show commitment to promoting such values. This new wording is a sop to both France and The Netherlands which wanted stricter enlargement critieria included in a future treaty. Serveral member states pointed out however on Tuesday evening that including the actual Copenhagen criteria on democratic criteria would be subject to the European Court of Justice's jurisdiction, allowing third states to challenge the EU.

Other issues include the Charter of Fundamental Rights, which is to be included in a single article only which makes it legally binding and sets outs its scope, with London fearing it will impinge on its sovereignty because it guarantees the right to strike, amongst other issues. There is also to be a new article on member states' social security systems, saying that if a country fears that the scope, cost, or financial structure of their welfare system will be affected then they can refer the matter to the European Council. As for the lay-out, the provisions are to become part of the Treaty on European Union and the original Treaty Establishing the European Community.


EU TREATY
© AP 2007-06-20

At their summit in Brussels, EU leaders hope to agree on a slimmed-down version of their draft constitution which was rejected by French and Dutch voters in 2005. Here are key elements of the charter and whether they are likely to be scrapped or salvaged under a new treaty

PREAMBLE

Europe is based on equality of persons, freedom, respect for reason,and draws «inspiration from the cultural, religious and humanist inheritance of Europe. It proclaims: «The people of Europe are determined to transcend their ancient divisions, and, united ever more closely, to forge a common destiny. Expected to be scrapped because French and Dutch voters objected to the complexity of text.

SYMBOLS & NAME OF TREATY 'CONSTITUTION

The constitution enshrines the EU flag a circle of 12 golden stars on a blue background. It designates Beethoven's Ode to Joy as the EU anthem and makes the euro the official currency. It designates May 9 as Europe Day and declares the EU's official motto: United in Diversity. Reference to symbols and the name of the treaty is expected to be scrapped amid widespread fears they hint at the creation of a European Superstate.

A LEGALLY BINDING CHARTER OF FUNDAMENTAL RIGHTS

The 50-article charter contains an exhaustive list of well-established rights, such as freedom of speech and religion, but also includes the right to shelter, education, collective labor bargaining and fair working conditions. Might not be included in the new treaty amid strong British opposition it could erode sovereignty over domestic law.

NEW VOTING SYSTEM

Under a new voting system, EU laws and other measures are adopted if at least 55 percent of EU nations say yes and they represent 65 percent of EU citizens. The double majority voting rules give each state one vote and adds their weighting based on population. Poland is demanding a change to this system arguing it unfairly favors bigger states like Germany.

MORE MAJORITY VOTING

Ends national vetoes in almost 50 new policy areas, including judicial and police cooperation, education and economic policy. Preserves unanimity in foreign and defense policy, social security, taxation and culture. Expected to stay but Britain pushing for new opt-outs in judicial and police areas.

BIGGER ROLE FOR NATIONAL PARLIAMENTS

National parliaments will get powers to raise a yellow-card in drafting of EU legislation. The Netherlands is demanding more democratic control over EU lawmaking. Expected to stay.

EUROPEAN PRESIDENT
The president would be chosen by EU leaders for a five-year term to chair EU summits, «facilitate cohesion and consensus» and represent the EU abroad. Expected to be stay.

EUROPEAN FOREIGN MINISTER

The foreign minister would chairs EU foreign minister meetings; formulate policy on issues ranging from terrorism to peacekeeping; represent the EU abroad alongside the EU president. Expected to stay but role and name could be toned down in new treaty.

MORE 'FLEXIBLE' UNION

Makes it easier for some countries to opt out of EU policies they don't like, or to band together to push through policies without others being able to stop them. Expected to stay.

EUROPEAN PARLIAMENT

The European Parliament gets more power especially in justice and interior affairs o influence or reject EU legislation. Expected to stay.

TRIMMING EUROPEAN COMMISSION

Cuts the EU executive office from the current 30 members to two-thirds of the number of member states, or 17, starting in 2014. Commissioners will be selected on a rotation system among the 25 member states, and will sit for five-year terms. Expected to stay.

One EU official remarked that the future Reform Treaty - which retains most of the rejected EU constitution but in this new amended form - is now unbelievably ugly and will be not at all clear to the citizens. The paper is Germany's suggestion for the mandate of the so-called intergovernmental conference which, if EU leaders agree on Thursday, is to start work in July.