[Discussion] Anger over first partial draft of future EU Constitution

[Paksoy, Hb]

Anger over first partial draft of future EU Constitution

http://www.euractiv.com/cgi-bin/cgint.exe/?targ=1&204&OIDN=1504609&-tt=fu

Date: 07/02/2003 08:30 	  

Anger over first partial draft of future EU Constitution
In short:
The Praesidium of the Convention on the Future EU published the first
sixteen articles for a future EU Constitution on 6 February 2003. The
proposed draft met with angry reactions, as some Convention Members did not
find back what they had been discussing in the Convention's Working Groups. 
  

Background:
The draft proposals presented on 6 February were written by the Convention's
13-member Praesidium as the basis for future discussions. The authors claim
to reflect the reports of the Working Groups on Legal Personality, the
Charter, Economic Governance, Complementary Competences, Subsidiarity and
External Action (for an overview of the results of the work in these Working
Groups, see our special LinksDossier). 
Issues:
The 16 articles presented deal with three chapters (Titles I, II and III) of
a future Constitution: the definition, values and objectives of the Union,
fundamental rights and citizenship, and the Union's competences. 
Key articles: 
 	Article 1 deals with the definition of the Union and expresses the
dual dimension of a Union of States and peoples of Europe: "Reflecting the
will of the peoples and the States of Europe to build a common future, this
Constitution establishes a Union [entitled ...], within which the policies
of the Member States shall be coordinated, and which shall administer
certain common competences on a federal basis". The Praesidium has carefully
omitted to express a preference for a new name of the Union (United Europe?
United States of Europe?). Remarkable is the use of the word "federal
basis". 
 	Article 2 expresses the Unions' values: "The Union is founded on the
values of respect for human dignity, liberty, democracy, the rule of law and
respect for human rights, values which are common to the Member States. Its
aim is a society at peace, through the practice of tolerance, justice and
solidarity". This article could become the basis for sanctioning a Member
State when it breaches these values (see the Haider government case in
Austria). There is no reference to religion or God, as some Member States
and the Vatican had asked (although this could resurface in the Preamble
which still has to be written). 
 	Article 3 defines the Union's objectives: sustainable development
based on a balance between economic growth, and competitiveness on the one
hand, and social objectives (cohesion, equality, eradication of poverty and
protection of children's rights) are central in the five paragraphs of this
article. 
 	Article 4 gives the Union legal personality. As such, it can claim a
seat in the United Nations. 
 	Article 5 states that the Charter of Fundamental Rights shall become
an integral part of the Constitution. This could make the Charter legally
enforceable in all Member States. 
 	Article 7 opens the door to double citizenship: that of the Union
and of Member States, although the article states that Union citizenship
will be additional to national citizenship: "it shall not replace it". 
 	Articles 8 to 16 define the Union's competences. They list four
principles on which the Union's competences are based: conferral,
subsidiarity, proportionality and loyal cooperation. In the application of
these principles, the text grants specific importance to the principle of
subsidiarity. One paragraph of Article 10 reads: "In exercising the Union's
non-exclusive competences, the Institutions shall apply the principle of
subsidiarity as laid down in the Protocol on the application of the
principles of subsidiarity and proportionality annexed to the Constitution.
The procedure set out in the Protocol shall enable national parliaments to
ensure compliance with the principle of subsidiarity". 
 	Article 11 defines the Union's "exclusive competences": customs
union, common commercial policy, monetary policy for the Member States that
have adopted the euro, conservation of marine biological resources under the
common fisheries policy; and, under certain conditions, conclusion of
international agreements. 
 	Article 12 deals with the Union's "shared competences". It shares
responsibilities with Member States in the following areas: internal market,
area of freedom, security and justice, agriculture and fisheries, transport,
trans-European networks, energy, social policy, economic and social
cohesion, environment, public health and consumer protection. The scope of
these competences will be defined in Part Two of the draft Constitution. 
 	Articles 13 and 14 will be controversial as they deal with more
coordination of economic policies and the common foreign and security policy
(CFSP). 
 	Article 15 defines the areas where the Union can take "coordinating,
complementary or supporting action": employment, industry, education,
vocational training and youth, culture, sport and protection against
disasters. 
 	Article 16 introduces a "flexibility clause" allowing the Union to
take action where no provisions are foreseen in the Treaty. The Article has
been carefully worded and action needs approval of the European Parliament
and needs to be in line with subsidiarity rules. Paragraph three of this
article also clearly states: "Provisions adopted on the basis of this
Article may not entail harmonisation of Member States' laws or regulations
in cases where the Constitution excludes such harmonisation". 
Positions:
First reactions on the proposed sixteen articles were not too positive. UK
Convention representative, Peter Hain, stated that the outcome of several
Working Groups' discussions had not been reflected in the proposed text. The
UK will have clear objections against the use of the word "federal basis" in
Article 1. It also feels uncomfortable with the wordings of Article 13 and
14 on economic policy coordination and the CFSP. 
Some delegates were upset about the omission of any reference to God in the
text on the Union's values. The eurosceptical Democracy Forum went much
further. In a first reaction, MEP Jens-Peter Bonde called the proposed draft
a "one-way street to an EU-state". Mr Bonde said "This track will lead us to
a deeper level of integration than in the United States". 
Next Steps:
 	the members of the Convention have until Monday 17 February to
present amendments to the 16 articles; 
 	the Convention will hold a full debate on the proposal in its next
plenary meeting on 27-28 February 2003; 
 	The Convention should get the full text of all 50 main articles by
April. 
Links: 
Official documents: 
 	European Convention Praesidium: Draft of Articles 1 to 16 of the
Constitutional Treaty (6 February 2003) 
 	European Convention Praesidium: Preliminary draft Constitutional
Treaty (28 October 2002) 
Press articles: The Independent, The Guardian, Le Figaro and Neue Zürcher
Zeitung.