Liberal MEP plans ‘constitution plus’

UK Liberal Democrat MEP Andrew Duff has sprung into action to head off what he sees as attempts by European political figures as different as Nicolas Sarkozy, the centre-right’s candidate in the French presidential elections, and UK Prime Minister Tony Blair at "lowering the quality and scope" of the EU’s constitution.

In a pamphlet published last week entitled ‘Constitution Plus: renegotiating the treaty’ Duff outlines ways to rewrite the policy part of the constitution text, Part III, in order to reflect better the current priorities of the EU such as fighting climate change, emphasising the importance of social protection and boosting economic growth and competitiveness.

Duff’s initiative aims to pre-empt those such as Sarkozy who want to chop down the constitution to a minimum to avoid submitting a new treaty to a referendum. "Instead of seeking to reduce the scope and force of the treaty of 2005 we should try to improve it to address disquiet expressed by citizens in France and the Netherlands, the UK and other member states," he says. What Sarkozy and the UK government favour amounts to a "tiny treaty, not a mini-treaty", he says.

Duff’s approach has three main priorities: strengthening the EU’s economic policy objectives, emphasising the importance of standards of social protection and focusing on the need to tackle climate change.

On the economic aspects, he proposes new language which says that "economic and monetary policy shall be aimed at raising growth potential and securing sound budgetary growth". Duff argues that this is not a radical departure but merely draws on existing wording in the revised Stability and Growth Pact, the rules designed to enforce budgetary discipline. Asked if Germany might not be concerned that it could lead to an erosion of the primary aim of monetary policy to maintain price stability or low inflation, Duff points out that the existing treaty language on the importance of stable prices would not change.

The MEP also proposes formally recognising the Eurogroup, the forum for finance ministers from members of the eurozone.

One major change, which is clearly designed to placate French citizens who voted ‘No’ because of fears that the constitution would set in stone a free market economic model for the EU, is to delete the reference in the constitution to "the principle of an open market economy with free competition". This would become "in accordance with the principles of sustainable development and a competitive, social and ecological market economy".

Recognising the growing chorus of calls for the EU to give stronger emphasis to the social dimension, the MEP suggests adding that "social policy is a cornerstone of the single market" and invites member states to "organise their economies to ensure equity between different sectors of society, improving the employability of its people and securing high standards of social welfare".

On energy and environmental policy, the MEP wants to add "combating climate change" as a priority while he suggests that the aim of energy policy should be to ensure "long-term, sustainable and affordable supply for the citizen".

To answer fears in countries such as France and the Netherlands that the process of enlargement is out of control, Duff advocates spelling out the procedure for vetting and admitting new members in the treaty including the four Copenhagen criteria (on democratic norms, a market economy and adherence to EU rules and progress), the screening process, opening and closing of negotiations on chapters and safeguard clauses.

He also suggests spelling out new levels of membership (associate for countries which have not qualified for membership or do not desire full membership, plus neighbourhood membership).

In addition, Duff proposes a streamlined process for further treaty changes to address the fear in France that "to constitutionalise the system would concretise things for 50 years as Giscard said", referring to the ambition ofValéry Giscard d’Estaing, the former French president and president of the convention which produced the first draft of the constitution. Instead of requiring unanimous approval and ratification by all EU members, which Duff says has led to the Union being "paralysed" on policies, he suggests that the threshold for agreeing changes should be four-fifths of all members.

But the MEP, who has been to Berlin to discuss his ideas and has also been talking to the European Commission, says that support for his "constitution plus" approach is growing.

Duff says that the German aim of getting EU leaders to agree in June to hold a short intergovernmental conference focusing on a limited number of issues will be the "first real test of strength" for the presidency.

But he believes that his approach has a better chance of succeeding than Sarkozy’s because reopening Part I (which details institutional arrangements such as the EU foreign minister and the permanent president of the Council of Ministers) will "destroy the consensus" which had been established in the convention and among EU leaders who signed the constitution.

Duff argues that his vision contains a lot of elements that would be attractive to those unwilling to accept reviving the constitution. He says a clause on energy solidarity would appeal to the Poles and linking treaty change to reform of the Common Agricultural Policy (CAP) and bringing in co-financing, could go down well with Gordon Brown, the UK’s likely next prime minister. "Brown could say: ‘I have achieved one of the UK’s long-standing objectives [CAP reform]. Blair couldn’t do it but I did,’" says Duff.

UK Liberal Democrat MEP Andrew Duff has sprung into action to head off what he sees as attempts by European political figures as different as Nicolas Sarkozy, the centre-right’s candidate in the French presidential elections, and UK Prime Minister Tony Blair at "lowering the quality and scope" of the EU’s constitution.

• Primary Source