‘Peace, Freedom, Solidarity’: the Commission’s second Communication to the European Convention, December 2002

Author (Person)
Publisher
Series Title
Series Details 9.12.02
Publication Date 09/12/2002
Content Type , ,

The European Commission has published its second submission to the Convention on the Future of Europe. The launch of the Communication on 5 December 2002 was accompanied by a presentation of its contents to both the Convention and the European Parliament by Commission President Romano Prodi.

The Communication reiterates many of the proposals put forward by the Commission earlier in the year and appears to put the Commission at odds with many Member States. Amongst the more contentious proposals are that the national veto should be abolished and that the current rotating Presidency of the Council should be kept.

It also proposes that the various different types of legislation currently in use should be reduced and that the European Union (the Commission's preferred name for the EU) should adopt the motto 'Peace, Freedom, Solidarity'.

Background

This is just one of a large number of submissions made to the Convention on the Future of Europe by the EU institutions, Member States (individually and in groups) and other bodies. The Convention is due to publish its proposals in June 2003; they will be discussed at an Intergovernmental Conference in 2004, at which the future shape of the EU will be decided. The Convention itself will produce options for the Union, it will not decide which to adopt. However, as the Convention process accelerates towards its conclusion, those trying to influence the outcome are keen to get their message across for, as the Financial Times argued in October 2002, 'consensus forged in such a broad-based body [as the Convention] will be difficult to override when EU leaders meet next year' (see Convention advance).

For the European Commission, the result could be crucial. The Convention could, as the Financial Times put it 'aid the Commission's own, long-standing ambition of becoming a real executive, rather than a body with some executive powers. Or it could consign it to oblivion.'
(see Brussels follows dream of being a real executive).

The protagonists are not only trying to influence the Convention itself; they are also seeking to shift attitudes elsewhere and to create alliances with like-minded parties. Although the Commission does have support for some of its proposals - particularly amongst the smaller Member states - the content of this second submission and Mr Prodi's associated speeches seem likely to upset many of the (more influential) Member States.

Mr Prodi and his colleagues are in a bind. They feel bound to make the case for strengthening the Commission's role, partly because the institution is seen as protecting - if not promoting - the interests of the smaller Member States, and partly because it is seen as an objective element in the EU system, representing the Community interest rather than national concerns. It is the national governments though - the Member States - which make most of the decisions in the EU, and they will be deciding what role the Commission should play in future. The Commission's dilemma is how to achieve a balance in satisfying its own pursuit of a greater role without antagonising national governments, which feel - rightly or wrongly - that the Commission already has too much power.

The Commission has long been the target of the press and of Member States' governments.

The UK position, even under a relatively pro-Europe regime, is ambivalent. In April 2002 the UK's Europe Minister, according to European Voice, 'referred to it dismissively as a mere "civil service"...seemingly oblivious of the important political role assigned to it by the Treaty of Rome' (see No time to weaken the Commission). Yet in December Prime Minister Blair spoke of it in very supportive terms, saying 'we should stand up for the Commission. It plays an essential role. Along with the Court of Justice, it is the best guarantee of equality in the Union...'

Although the Commission's Communication was addressed to the Convention, it is arguably to the Member States that it must appeal if its own agenda is to prosper. However, this second submission to the Convention (which the UK's Foreign Office reportedly described as 'a kite-flying exercise' - see UK at odds with Prodi's Europe vision) seems more likely to elicit a negative rather than a positive response. In many ways it reiterates the Commission's earlier submission, which was itself criticised by Member States.

The Commission's Communication

In For the European Union. Peace, Freedom, Solidarity. Communication of the Commission on the Institutional Architecture (COM (2002) 728), the Commission sets out changes which it believes are required to the Union's institutional framework to prepare for enlargement. It is seen as a follow-up to the initial Communication of 22 May 2002, whose purpose 'was to focus thought on the European Union's objectives and tasks prior to any discussion on institutions.'

Presenting the Commission Communication to the European Convention on 5 December, Romano Prodi said that it 'seeks to channel the discussion so we can get to grips with the real issues' and claimed that it 'seeks to respond to three concerns - for more democracy, more effectiveness, and greater clarity.' Using those three headings, Mr Prodi then identified a number of proposals, which can be summarised as:

Measures for more democracy:

  1. The Commission President must be elected by the European Parliament.
  2. The Commission should be accountable both to the European Parliament and to the European Council.
  3. Legislative powers in the Union should be divided between the Council, representing the national governments, and the European Parliament, representing the Union's people. All EU legislation should be proposed exclusively by the Commission for adoption by the Council and the European Parliament acting by codecision. No Member State should have a veto.
  4. Parliament should be more involved in budgetary decisions.

Measures for more effective action:

  1. Majority voting should be the rule.
  2. Until the Nice Treaty comes into force and limits the number of Commissioners, the Commission will have one Commissioner per Member State. To ensure the College can function, coordinating Vice-Presidents will be put in place.
  3. The six-monthly rotation system for the Presidency of the European Council, the General Affairs Council and the Permanent Representatives Committee should be retained. For all other Council configurations, the Commission proposes a new formula: presidents elected by their peers for a year at a time.
  4. Economic policies must remain a national responsibility, but economic policy coordination means that:
    • the Commission must be given power to monitor both compliance by the Member States of the Broad Economic Policy Guidelines and budgetary discipline, and
    • the Council must retain final responsibility for decisions needed to prevent any slippage. Such decisions should be based on Commission proposals not just 'recommendations'.
  5. For external relations the Commission proposes to introduce a Secretary of the European Union, who will also be a Vice-President of the Commission, to represent the Union and implement common measures.

Measures for greater clarity:

  1. Legislation must be classified into three categories: 'organic laws' and 'laws' (both adopted by Parliament and Council) and 'implementing regulations' adopted by the Commission.
  2. Competence for implementing EU legislation should be exclusively a responsibility of the Commission.
  3. With respect to the organisation of the various committees concerned with the legislative process ('Comitology'), the Commission will be placed under the joint political control of Parliament and the Council.

Finally, Mr Prodi said that 'the term 'European Union', with which the citizens of Member States and candidate countries have grown familiar, encapsulates well the objectives of the European project' and should be confirmed as the Union's official name. He also invited the Convention to 'give its opinion on a common device [motto] for the Union' and suggested it could be 'Peace, Freedom, Solidarity'.

Contentious issues

Amongst the more contentious issues being discussed by the Convention are the EU Presidency and the national veto, two examples on which the Commission's views differ from those of many Member States and which illustrate the tensions and sensitivities surrounding the discussions on Europe's future.

The system of rotation, under which a different Member State takes over the Presidency every six months, has been criticised for making the Union weak and inefficient, especially in relation to external relations. It is also seen as disruptive, with each new Presidency wanting to some extent to promote and pursue its own agenda, thus making it harder to maintain a consistent view of the Union's priorities.

Rotation has, however, been defended by some (mostly smaller) Member States and by the Commission, who argue that it prevents the Union from being dominated by a few larger countries. The Commission's preference, stated in its latest Communication, is to retain the current system with some minor adjustments.

An alternative view is put forward by Belgium, The Netherlands and Luxembourg in their Memorandum of the Benelux: A balanced institutional framework for an enlarged, more effective and more transparent Union. The three say 'the system of the Council Presidency must be reformed in order to guarantee the effectiveness and the continuity of Council's activities in an enlarged Union. The status quo is no longer a viable option.' However, they reject the current proposal for a President of the European Council, suggesting instead that the Commission should chair the General Affairs Council and the External Relations Council.

Despite such opposition, the proposal to create a 'President of the European Union' appears to be making headway. It is supported by the larger Member States (which perhaps justifies the smaller members' concerns), including France, Germany, Italy, Spain, Sweden and the UK. If Member States do decide to create an EU President, Prime Ministers Blair (UK) and Aznar (Spain) have both been suggested as possible candidates for the job.

Ideas for a new system are still evolving: speaking early in December, Mr Blair suggested that 'We could move to some form of "team Presidency" which allows the chairs of the principal Councils to be divided amongst Member States for a decent length of time, with the more permanent Chair of the European Council to co-ordinate that team.' (see A clear course for Europe).

The national veto currently enjoyed by Member States across a range of issues is also under attack. Under the present system - developed when the European Community comprised only six Member States - a single EU member can block a proposal for legislation. Although a significant change was introduced in the mid-1980's, when the use of qualified majority voting (QMV) was extended in order to ensure that Single Market legislation was adopted, the veto still applies in areas such as taxation, the Common Agricultural Policy, defence and foreign policy.

Many Member States recognise the role of QMV in helping the EU make progress. Decision-making can be difficult enough with the current 15 members; in an enlarged Union of 25 Member States it will become even harder when just one country can veto a proposal. However, whilst recognising the advantages of majority voting, Member States also have their own interests at heart. France, for example, would not want to lose the veto over agricultural policy; the UK is particularly sensitive over taxation.

Mr Prodi's warning that '[Unanimity] has marked the bleakest periods in the Union's recent history' is unlikely to prove sufficient for Member states to surrender the veto.

A continuing debate

The Commission does not see its latest submission as the last word in the debate. There will be more contributions, some made directly to the Convention and some in the form of speeches, articles and other communications (ostensibly) aimed at different audiences.

For example, on 4 December the three Benelux countries issued a joint Memorandum of the Benelux: A balanced institutional framework for an enlarged, more effective and more transparent Union in which they put forward their own ideas on how to 'make the existing institutions more effective and not to make the institutional architecture more complex.' The Benelux contribution proposes a number of changes to the Union's institutions and workings. For example, it suggests that the Commission President should be elected by the European Parliament; qualified majority voting should be extended; the Commission should forward its legislative proposals and programme to the parliaments of the Member States; the roles of High Representative for the Common Foreign and Security Policy (CFSP) and Commissioner for External Relations should be performed by a single Commission Vice President.

This last idea - that one person should combine the two jobs currently undertaken by Commissioner Chris Patten and the Union's High Representative for the CFSP, Javier Solana (something known as 'double hatting') - was only recently criticised by Tony Blair on the grounds that it 'would raise practical problems'. Mr Blair was also concerned that such an arrangement should not lead to the CFSP, which is currently based on intergovernmental cooperation rather than Community law, being 'Communitised'. In the same speech, however, Mr Blair himself raised another contentious issue: the prospect of Council Ministers giving details of how they voted - something which he believes would strengthen the Council and help improve people's understanding of the 'Brussels processes' (see A clear course for Europe).

Whatever the reaction to the Commission's second Communication, the debate on Europe's future is bound to go on right to the last moment.

Further information within European Sources Online:

European Sources Online: Topic Guides:
The Council of the European Union
The European Commission
The European Parliament
European Sources Online: In Focus:
01.03.02: The Convention on the Future of Europe, March 2002
25.05.02: European Commission submits its proposals to the Convention on the Future of Europe, March 2002
19.06.02: Prodi unveils plans to reform the internal organisation and working methods of the European Commission, June 2002
10.07.02: Europe's youth meet to discuss their ideas on the future of Europe, July 2002
09.10.02: What should 'Europe' be called?, October 2002
29.10.02: Convention on the Future of Europe: Draft 'EU Constitution' unveiled, October 2002
29.11.02: Blair calls for stronger Europe, November 2002
 
European Sources Online: European Voice:
24.01.02: Closing time may be near for the presidency merry-go-round
31.01.02: An unconventional Convention
07.02.02: Convention Chief under fire as MEPs voice fears of a 'Grand Giscardian project'
21.02.02: France in the driving seat on Convention
21.02.02: Will Giscard's Convention give Europe a face-lift...or merely a makeover?
28.02.02: Dehaene: Treaty ideal outcome for Convention
28.02.02: Giscard control over Convention speaking rights under attack
07.03.02: 'No confidence' vote threat to Giscard's rule
28.03.02: Impressive Giscard rejects MEPs' charges of secrecy
04.04.02: Dehaene defends role of Convention
11.04.02: Giscard team urged to listen to EU citizens
18.04.02: Think-tank calls for sweeping European Council reforms
25.04.02: Parliament needs more power, Convention told
02.05.02: Plans for closed-door Convention working group meetings under fire
16.05.02: Convention under pressure to deliver on 'civil society' pledge
18.05.02: Battle lines are drawn over EU power division
23.05.02: EU leaders want to hijack the Convention on Europe's future. They have to be stopped
23.05.02: Prodi plans for EU future get mixed Convention reaction
30.05.02: Nation states 'more likely' to win support than federal system
30.05.02: Commission plans 'not a blueprint for superstate'
30.05.02: Working groups fail to reflect full spectrum
06.06.02: Convention urged to improve 'focus' of Council of Ministers
13.06.02: Berlin's man fires talking shop warning
20.06.02: Critics attack Giscard for 'secret meetings'
20.06.02: Democracy likely to get short shrift as EU's leaders watch and plot while the Convention unfolds
27.06.02: 'Brussels talking to Brussels', say critics
27.06.02: Convention faces 'daunting' challenge to find compromise
27.06.02: Citizens 'need more say in EU decisions'
27.06.02: 'Slow-paced' assembly is busy listening to people, says chairman
 
European Sources Online: Financial Times:
25.02.02: The elder statesman's brief
23.05.02: Brussels seeks big foreign policy role
24.05.02: Dual ambitions
14.06.02: Push within EU to contain Brussels's powers
20.06.02: Fight to decide who will pull the punches in the EU
08.07.02: Amato calls for strong president to lead EU
02.09.02: Prodi attacks decision-making plans
05.09.02: EU vision becomes a reality check for Prodi
10.09.02: Blairite says MPs should pick 'president of Europe'
07.10.02: Convention advance
07.10.02: Plan for a new Europe 'will last 50 years'
08.10.02: The European Union needs a new leader
11.10.02: EU nears endgame in creation of a president
16.10.02: Hain claims to be winning battle of ideas over Europe
22.10.02: Why Europe needs a president with two hats
28.10.02: Europe's policymakers live in the real world
29.10.02: Constitution plan unveiled
29.10.02: Skeleton gives bare bones of future EU constitution
01.11.02: Prodi, Schröder aim to bolster EU executive
02.11.02: Like it or not, a new superpower is emerging
06.11.02: A constitution for a Europe of elites
07.11.02: British minister's thorough approach brings results
12.11.02: The hard road to a popular Europe
15.11.02: Commission viewed as pillar of EU architecture

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

European Commission:
DG Press and Communication
  05.12.02: Romano Prodi: Presenting the Commission Communication to the European Convention
  05.12.02: Commission proposes a radical simplification of how the European Union works
  05.12.02: Questions and answers: an institutional architecture for the European Union (Peace, Freedom, Solidarity)
  05.12.02: Romano Prodi: The European Union's new institutional structure
 
President Romano Prodi:
Homepage
04.12.02: For the European Union. Peace, Freedom, Solidarity. Communication of the Commission on the Institutional Architecture (COM (2002) 728)
 
Futurum:
Homepage
 
BBC News Online:
11.10.02: EU presidency plan gathers steam
05.12.02: Prodi seeks strong powers for Brussels
05.12.02: UK at odds with Prodi's Europe vision
06.12.02: Big brains ponder EU architecture
 
European Sources Online: Financial Times:
06.12.02: Brussels follows dream of being a real executive
06.12.02: Prodi puts proposals for deeper integration
 
10 Downing Street:
Homepage
28.11.02: PM: A clear course for Europe

Eric Davies
KnowEurope Researcher
Compiled: Monday, 9 December 2002

The European Commission published its second submission to the Convention on the Future of Europe on 5 December 2002.

Subject Categories