Fischer and Straw at odds on citizens’ rights

By Dana Spinant

Date: 20/055/04

GERMAN Foreign Minister Joschka Fischer has insisted that a strong charter on citizens' rights is necessary to offer assurances that the fight against terrorism does not encroach on basic civil liberties.

Sources attending this week's (17-18 May) negotiations on the EU constitution say one of the toughest moments came when Fischer rejected attempts by his UK counterpart Jack Straw to weaken the Charter on Fundamental Rights.

The German insisted that the deal reached on the charter during talks in the Convention on the future of the EU should not be reopened.

"We can't have a compromise on the compromise," Fischer said, according to transcripts of the meeting.

He also argued that the EU needs to take more action in the sphere of justice and home affairs, both to protect citizen's rights and prevent atrocities similar to the 11 March train bombings in Madrid.

Straw, on the other hand, had asked for new clauses to be introduced in the constitution to limit the scope of the charter, to make sure the document should not expand the EU's powers. Adopted as a political declaration by EU leaders at the December 2000 Nice summit, the charter is due to become legally binding once the constitution comes into effect.

A combative British foreign secretary also demanded this week that the national vetoes over taxation, foreign affairs and social matters should be maintained.

Officials with Ireland's EU presidency concluded that unanimity voting would continue to apply to these areas. "Unanimity will be the price to pay for EU decisions on taxation," Brian Cowen, the Irish foreign minister, allegedly said.

But Michel Barnier, the French foreign minister, found the presidency's proposals on taxation "disappointing", according to transcripts, and insisted that decisions concerning the rights of migrant workers be made by qualified majority voting (QMV): "Allow us at least this small progress," Barnier pleaded. Straw, however, made it clear the UK wanted decisions on social matters to be taken by unanimity.

On the issue of justice and home affairs, Cowen said that allowing member states to activate an 'emergency brake' would be "the price to pay" for using QMV.

The 'brake' would allow a member state to ask for deliberations to be stopped and the contentious matter to be referred to the European Council if it feels that a decision due to be taken by QMV impinges on its national legal system.

France and Germany are unhappy with this proposal, which their ministers claim amounts to a hidden right of veto.

But an official close to the talks pointed out a compromise solution could be reached, by keeping the emergency brake, but imposing a time limit during which the European Council would have to reach a decision on the matter in question.

"It would mean giving the European Council two months, for instance, to take a decision. If it can't meet the deadline, then the Council of Ministers should take a decision by qualified majority."

According to participants at the talks, a compromise is expected on moves to allow the adoption by QMV of the Union's multi-annual spending plans - the financial perspectives. This is despite strong opposition from the Netherlands, plus the UK and Estonia. Straw argued a decision on using QMV in this area should only be taken in 2013, when the new financial perspectives are expected to be adopted.

The foreign ministers looked set for an agreement on reducing the size of the European Commission to fewer members than there are member states from 2014.

Details are still to be fine-tuned, but a membership of 15-18, or a number of commissioners representing two-thirds of EU members, are the scenarios most likely to win acceptance.

Articles discusses the issues of negotiation between EU Foreign Ministers during May 2004 on the draft European Constitution.