From the Convention to the draft Constitutional Treaty

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From the Convention to the draft Constitutional
Treaty
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1. Introduction

• The founding Treaties of the EC/EU

• The need for revision of the Treaties

• 1957, 1986, 1992, 2001

• Previous revisions intergovernmental conference

• Problem with this method lack of transparency

• European Charter of Fundamental Rights - 2000

• Convention method used for the 1st time

• Fundamental Rights catalogue similar to Councl
  of Europes European Convention of Human Rights
  and Fundamental Freedoms (1950)

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2. Background I.

• Upcoming enlargement European Council in Nice
• Treaty or Constitution Constitutional Treaty

• Laeken Declaration (2001) establish a Draft
  Treaty
• Delimitation of powers between the EU and its
  member states subsidiarity
• The status of the Charter of Fundamental Rights
• Simplify the existing treaties
• Role of national parliaments in the EU

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2. Background II.

• Convention democratic, transparent, represents
  Member States and citizens to wides possible
  extent
• Aim replace all previous Treaties (exc.
  Euratom)

• Setup 105 Members and 105 Alternatives

• Valéry Giscard d'Estaing - President

• Members of national parliaments
• Members of the European Parliament
• Representatives of Commission, Council, Committee
  of the Regions, Economic and Social Committee,
  civil society, Council of Europe
• Work organised in working groups

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3. Final text, referenda

• Final text signed by heads of state and
  government in Rome, 29 October 2004
• Referendum in Spain, Luxembourg
• Referendum in France, Netherlands -
• Today 20 Members States parliaments have
  approved it, 7 postponed decisions (e.g. UK)
• Its fate is uncertain, but
• It is a text approved on the highest level
• It is of an extremely important political nature
• The German Presidency (2007) considers it a top
  priority which may give a new impetus

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4. Structure of the Constitutional Treaty I.

• 4 main parts and a preable
• Part I
• definition and objectives of the Union
• fundamental rights and citizenship of the Union
  
• Union competences
• the Union's institutions
• the exercise of Union competence
• the democratic life of the Union
• the Union's finances
• the Union and its neighbours and
• Union membership

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4. Structure of the Constitutional Treaty II.

• Part II European Charter of Fundamental Rights
• dignity
• freedoms
• equality
• solidarity
• citizens' rights
• justice
• general provisions
• Unchanged text same as in Nice, 2000
• Would have binding force, not just declaration!

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4. Structure of the Constitutional Treaty III.

• Part III Policies and functioning of the EU
• provisions of general application
• non-discrimination and citizenship
• internal policies and action
• association of the overseas countries and
  territories
• the Union's external action
• the functioning of the Union and
• common provisions

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4. Structure of the Constitutional Treaty IV.

• Part IV General and final provisions
• Protocols and declarations
• Protocol on the role of national parliaments in
  the European Union
• Protocol on the application of the principles of
  subsidiarity and proportionality
• Protocol on the Euro Group
• Protocol amending the Euratom Treaty
• Protocol on the transitional provisions relating
  to the institutions and bodies of the Union

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5. Most important changes I.

• The founding principles of the Union
• Values/objectives of the Union listed
• Rights of European citizens (see Charter of
  Fund.Righs)
• Union has single legal personality (merger of EC
  with EU)
• Competences (exclusive, shared and supporting)
  defined
• Voluntary withdrawal clause
• The instruments of action simplified/reduced 15
  to 6
• European laws/European framework laws
• Right of popular legislative initiative

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5. Most important changes II.

• The institutions
• Number of seats in the EP degressively
  proportional(6 96 750)
• European Council President 2.5 years no
  rotating Pres.
• Size of the Commission from 2014 2/3rd of MSs
• President of the Commission elected by the EP
  (on proposal from the European Council)
• Minister for Foreign Affairs External Relations
  Commissioner and High Representative for the
  Common Foreign and Security Policy in the
  Council double hatted

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5. Most important changes III.

• Decision-making
• New qualified majority voting (QMV) is
  established
• 55 of the MSs representing 65 of the
  population
• QMV in the Council extended to 20 existing and 20
  new areas
• Co-decision renamed ordinary legislative
  procedure (EPCouncil)
• Bridging clauses to facilitate later extensions
  of QMV

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• Source Euractive

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6. Further reading

• http//europa.eu/scadplus/constitution/index_en.h
  tm
• http//europa.eu.int/constitution/en/lstoc1_en.ht
  m
• http//www.euractiv.com/en/constitution/constituti
  onal-treaty-key-elements/article-128513