European Convention’s Praesidium maps out the future of the European Union, June 2003

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Publication Date 02/06/2003
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The future of the European Union, as envisaged by the European Convention's Praesidium, was presented in full on 26-27 May 2003 with the publication of the draft EU constitution. The detailed text of the constitution follows on from the skeleton constitutional treaty presented by the Convention's President, Valery Giscard d'Estaing, in October 2002.

Since then, there have been numerous debates about the Presidency of the European Union, the role of the national parliaments and the EU's foreign policy to name but a few. The latest draft is expected to stir even more controversy with many EU officials now concerned that there is not enough time for a full debate on the issue before the final draft of an EU constitution is presented to EU leaders at the European Council in Thessaloniki on 20 June 2003.

Background

Ever since the Maastricht Treaty was signed in 1991, the debate about where the European Union is going, both in terms of its policy remit and institutional powers, has never been far from the EU's agenda. Of course, these questions have existed throughout the history of European integration but with European citizens growing more disenchanted with the Brussels institutions in the 1990s and the ever-growing 'democratic deficit', the debate became even more important.

By the time the Nice Treaty was devised in December 2000, opening the way for the next enlargement of the EU to at least ten more Member States, it was clear that far-reaching reforms were necessary to ensure the efficiency and popular support of the European Union in the 21st Century. In a Declaration adopted at Nice on the 'Future of the Union' European leaders called for a 'deeper and wider debate about the future development of the European Union' involving all levels of society and culminating in a new Intergovernmental Conference in 2004.

The Laeken European Council held on 15 December 2001 made further progress with the adoption of the Laeken Declaration on the Future of the European Union [See European Sources Online's In Focus: Laeken European Council, 14-15 December] and the decision to establish a Convention to debate the future of the European Union over the course of a year. The Convention would begin in March 2002, in preparation for the next intergovernmental conference in 2004. Its starting point would be some 56 questions agreed upon at Laeken. The European Council also agreed at this point upon the mandate and the institutional structure of the Convention as well as outlining a number of indications on how it should operate in terms of deliberation, drafting and decision-making.

The inaugural session of the European Convention took place on 28 February 2002 under the leadership of Valéry Giscard d'Estaing, a former French President. Over the course of the last year, the praesidium of the European Convention has met at least twice a month to carry out its work with a plenary session of the European Convention held once a month in public. The culmination of all this work was the presentation of the draft EU constitution on 27 and 20 May 2003.

Draft EU Constitution

Despite much expectation, the actual unveiling of the EU's draft constitution turned out to be something of an anti-climax as the detailed text was released in stages with many of the less controversial issues published first detracting from the contentious issues that followed.

Indeed, much of Europe's media devoted few column inches or airwave time to the draft EU constitution, save for the United Kingdom where the potential encroaching of the European Union on national sovereignty stimulated an intense debate on the constitution and the possibility of a referendum.

In fact, identifying a more precise delimitation of competencies between the European Union and the Member States is one of the key objectives of the draft constitution which is also intended to:

  • Present a more unified and simplified form of the European treaties
  • Establish the status of the European Charter for Fundamental Rights, which currently has no legal force
  • Establish the role of national parliaments within the European Union.

Soon after the publication of the draft constitution Peter Hain, former UK Minister for Europe, referred to it as a 'tidying up' exercise sparking much criticism from fellow MPs. However, in essence, this is one of the main tasks of the European Convention. Currently, the role and powers of the European Union are laid down in several different treaties, spanning decades and written in complicated legal terminology. The draft constitution aims to bring all those powers within one simplified, easy to understand document.

However for a mere 'tidying up' exercise the draft constitution has sparked much controversy around Europe with different opinions in the Member States and the Union's institutions about the issues at stake. In this context, Valéry Giscard D'Estaing and his colleagues have stuck closely to the Convention's initial ideas in the draft EU constitution, leaving the debate to follow.

The main elements of the Praesidium' s draft constitution are as follows:

  • A permanent EU President to replace the current six month rotating presidency. The President would be chosen by heads of state and government and would serve for up to five years.
  • An EU 'Foreign Minister' to replace the current roles of High Representative European Commissioner for External Relations. The foreign minister would represent the EU on the international stage.
  • A reformed European Commission with only 15 full Commissioners assisted by 15 associate Commissioners without voting rights.
  • Increased powers for the European Parliament, which would be responsible for 70 policy areas, as opposed to the current 34 and the co-decision procedure would be used as a general rule
  • Qualified majority voting to be used in all instances except those stated otherwise in the constitution
  • New double majority system to be introduced whereby the votes of half the Member States, representing 60 per cent of the EU's population would be required
  • National veto limited to the areas of foreign policy, defence and tax issues
  • Exit clause providing Member States with the possibility of leaving the Union after negotiating terms
  • Single legal framework and legal personality would be established with the term "directive" renamed "European law" instead.
  • Charter of Fundamental Rights would be made legally binding
  • Creation of the post of European Public Prosecutor to investigate cross-border fraud against the EU taxpayer
  • Mutual defence clause to provide for mutual assistance in case of terrorist attack; a predecessor to common defence policy
  • Creation of the post of an EU finance minister, to be appointed by members of the eurozone with responsibility for setting economic policy guidelines for the eurozone

One aspect of the European Union that will remain the same is its name. There had been much discussion about changing the name to either the 'United States of Europe' or 'United Europe', as favoured by Giscard d'Estaing but in the end it appears the Convention's Praesdium appear to have decided that this is one area of the EU that does not need changing.

However many of the proposals outlined above have proved controversial. Not only are there differences between the pro and anti-federalists on the level of integration, there are also tensions between the big and small Member States. Countries such as Finland, Austria and Portugal who fear that their position is being threatened by larger Member States who are keen on the idea of a permanent President who would be expected to come from one of the larger Member State.

Following the disarray amongst the EU's Member States over the conflict in Iraq, there is also mixed feeling about increasing co-operation on foreign policy and the position of EU foreign minister. Similarly, countries such as the United Kingdom who remain outside the single currency fear that the creation of the post of 'Eurozone finance' minister could see them further sidelined in EU economic affairs.

Meanwhile the European Commission is concerned that the European Convention's ideas to reform the Commission could threaten its role whilst the increased powers of the European Parliament and the role of a permanent Council President could strengthen both these institutions. Romano Prodi, the President of the European Commission whose role could be threatened by that of a permanent EU President, has said that the proposals are 'less ambitious' than the European Commission had hoped and has warned against concentrating power in an 'intergovernmental bureau'.

2003 Rome Treaty to replace 1957 Rome Treaty?

These differences between the Member States and the EU's institutions will have to be ironed out quickly if the European Convention is to keep to schedule and present its final draft of an EU constitution to the European Council in Thessaloniki on 20 June 2003.

This would be followed by the swift launch of an intergovernmental conference (IGC), to which the accession countries would be invited, when a new treaty would be negotiated. EU leaders hope that agreement on a new treaty could be reached in time for it to be adopted under the Italian Presidency at the European Council in Rome in December 2003.

This would allow for the 1957 Treaty of Rome - the EU's founding treaty - to be replaced by the 2003 Treaty of Rome, bringing to an end years of debate about the future of the European Union with Giscard d'Estaing optimistic that the draft constitution could serve for fifty years. However, this debate looks set to be replaced by a debate on whether the treaty should be put to a national referendum in each of the Member States and the approval of the Treaty could yet prove just as controversial as its conception.

Further information within European Sources Online:

European Sources Online: In Focus:
The Convention on the Future of Europe, March 2002
Convention on the Future of Europe: Draft of Articles 1 to 16 of 'EU Constitution' unveiled, February 2003
Convention on the Future of Europe: 'Draft Constitution' unveiled
Convention on the Future of Europe: Giscard d'Estaing outlines proposals on future EU institutional architecture, April 2003
European Convention: some consensus but disagreements remain
European Commission submits its proposals to the Convention on the Future of Europe, March 2002
Peace, Freedom , Solidarity: the Commission's second contribution to the European Convention
 
European Sources Online: European Voice:
30.05.02: Commission plans not 'a blueprint for superstate'
12.09.02: German EPP members unveil draft constitution
24.10.02: Citizens get a chance to quiz Giscard on the Convention
07.11.02: Holy war looms over constitution wording
07.11.02: Clash on way as economic governance splits Convention
07.11.02: Giscard challenges Prodi's plans for future of Europe
14.11.02: Forum's first big failure unnoticed amid the furore
21.11.02: EV pollsters give their seal of approval to 'United Europe'
19.12.02: Europe's leaders heading for 'mother of all institutions row'
09.01.03: Lamy warns Giscard: 'Put people first'
16.01.03: A unique opportunity to change Europe's institutional architecture
06.02.03: No place for religion in EU constitution
06.02.03: 'Rendezvous with history' looms for draft constitution
13.02.03: Giscard aims to learn lessons from Iraq crisis
13.02.03: Convention split over powers for EU courts
06.03.03: Convention should allow EU to join international treaties, says Ombudsman
13.03.03: Closer integration will prevent EU from stagnating, says Delors report
20.03.03: Convention split over role of national parliaments
10.04.03: Memo to the Convention: Don't forget the importance of citizenship
 
European Sources Online: Financial Times
07.10.02: Convention advance
20.11.02: EU Convention may affect decision over euro entry
04.12.02: European Convention mulls collective strategy
22.01.03: EU Convention flak obscures a quiet policy revolution
28.01.03: Threat to opt out of Convention played down
07.02.03: First draft of EU's new constitution rejected by Britain
10.02.03: A promising start
14.02.03: Europe's nations are bound together despite everything
20.05.03: For once, a referendum might be useful
21.05.03: Eurozone countries in move for more power
23.05.03: Blair gets F-word cut from EU constitution
23.05.03: Giscard's plans are not worth putting to the people
24.05.03: EU constitution talks hit deadlock on Spanish vote
25.05.03: European bodies' powers must be enhanced
26.05.03: Proposal for euro finance minister deals blow to Brown
27.05.03: France and UK secure national veto victory
27.05.03: EU to see draft of constitution today
28.05.03: Hain referendum slip puts Downing St in a spin
28.05.03: European Union bodies get wide new powers
28.05.03: Let the people have their say on Europe
29.05.03: Giscard outlines 'humanist inheritance'
29.05.03: Let Parliament decide on a referendum
29.05.03: No more Mr Nice Guy on Europe
31.05.03: Giscard tries to quell discord over EU draft

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

EU Institutions

European Convention:
Homepage
  Preamble
  Draft Constitution, Volume I: Part 1
  Draft Constitution, Volume II: Part 2, 3 & 4
  Draft text of Part 2 with comments
  Draft sections of Part 3 with comments
  Draft text of Part IV with comments
  Part 1, Title IV: Institutions {Revised text]
  Contributions of Members of the Convention
 
European Commission:
The future of the European Union debate: European Commission contributions
 
The European Parliament:
The European Parliament and the Convention
  14.06.01: Amending the treaties - Parliament calls for a change of method
 
The European Ombudsman:
Homepage
Press Releases:
  19.11.02: European Ombudsman proposes changes to preliminary draft Constitutional treaty [EO/02/30]
 
The Economic and Social Committee:
Homepage
  Contributions to the Convention
 
The Committee of the Regions:
Homepage

National Organisations

Ireland: Department of the Taoiseach:
Homepage
  26.03.03: An Taoiseach Bertie Ahern meets with the President of the European Convention, Valéry Giscard d'Estaing
 
Ireland: Department of Foreign Affairs:
Homepage
  05.12.02: Response by Minister Cowen to Commission and Benelux Papers on the Convention on the Future of Europe
  06.12.02: Response of the Minister for Europe, Mr. Dick Roche TD, to the report of the European Convention working group on freedom, security and justice
 
Spain: Ministry for the Economy:
10.03.03: In congress, Rato sets out the principles of economic governance in relation to the Convention [in Spanish]
 
The United Kingdom: Foreign and Commonwealth Office:
Europe and the Regions. A paper submitted by Peter Hain to the European Convention on behalf of the UK Government and the devolved administrations in Scotland and Wales [January 2003]
 
Estonia: Office of European Integration:
06.12.02: Statement by Mr. Henrik Hololei alternate member of the European Convention on simplification
 
Lithuania: Ministry of Foreign Affairs:
06.03.03: Lithuanian representative at the European Convention speaks against discretionary widening of EU competence
 
Poland: Office of the Committee for European integration:
11.02.03: Minister Danuta Hübner reports on the EU Convention's works to students of Diplomatic Academy
27.02.03: EU Convention to discuss first 16 draft articles of future constitutional treaty
 
Romania: Ministry of European Integration:
26.02.02: Participation of Minister of European integration, Hildegard Puwak at the proceeding of the Convention regarding the Future of Europe
 
Latvia: Ministry of Foreign Affairs:
21.02.03: Speech by the Latvian Minister of Foreign Affairs at the meeting of government representatives to the European Convention
 
Slovenia: Ministry of Foreign Affairs:
07.02.03: Address by Dr Dimitrij Rupel, Minister of Foreign Affairs of Slovenia at the 15th meeting of the European Convention

Miscellaneous Organisations

The Institute of European Affairs:
Homepage
  The future of Europe
 
The Centre for European Policy Studies:
Homepage
  The battle of power in Europe: Will the Convention get it right? [February 2003]
  The future of Europe Convention - travelling hopefully? [June 2002]
 
The European Policy Centre:
Homepage
  Convention Intelligence
 
German Institute for Economic Research:
Homepage
  The EU on the Eve of Eastern Enlargement: The European Convention should seize the opportunity to introduce reforms [December 2002]
 
Statewatch:
Homepage
  The creation of an EU interior ministry: Analysis
 
The Centre for European Reform:
Homepage
  2010: The Convention and the EU's future

News Organisations

BBC News Online:
28.02.02: EU launches democratic drive
28.02.02: Europe's blueprints for reform
03.05.02: EU reformer likened to Louis XIV
07.10.02: Rebranding could create 'United Europe'
28.10.02: EU 'constitution' draft unveiled
29.10.02: Excerpts: EU draft 'constitution'
05.12.02: Prodi seeks strong powers for Brussels
06.12.02: Big brains ponder EU architecture
15.01.03: Reform of EU Presidency mooted
15.01.03: Mixed response to EU President plan
20.01.03: Euro-reform forum comes into its own
06.02.03: God missing from EU constitution
07.02.03: Anger over federal EU plan
07.02.03: EU constitution under fire
18.02.03: Radical reform plan gets first Euro test
19.03.03: Europe's blueprint hit by Iraq row
04.04.03: EU exit clause proposed
23.04.03: Giscard calls for EU President
24.04.03: Battle for EU power commences
16.05.03: Elected EU president 'not realistic'
22.05.03: European Union to stick by name
26.05.03: Q & A: Europe's constitution
27.05.03: European press muted on constitution
27.05.03: EU draft tackles welfare and crime
28.05.03: Apathy greets European landmark
28.05.03: Prodi blasts draft EU constitution
28.05.03: More of the same EU?

Helen Bower

2 June 2003

The Praesidium of the European Convention published the draft EU constitution in two stages on 28-29 May 2003. Keywords: Convention on the Future of Europe; Future of the Union

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