EU Convention February Release 3273
Convention still divided over federalism and religion
Date: 27/03/2003 08:15
In short:
Divisions regarding
the role of federalism and religion in the future EU Constitutional Treaty
continued at the additional plenary session of the Convention on 26 March.
Background:
The plenary session
continued its discussion of Articles 1 to 7 of the draft constitution, begun on
27 February (see EurActiv of 28 February 2003). These articles deal with the
definitions and objectives of the Union and fundamental rights and citizenship
(see EurActiv of 7 February 2003).
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Date: 28/02/2003 08:30
Convention divided over its own timing
In short:
The members of the Convention started their discussion on amendments to the first sixteen articles of a future Constitution on 27 February.
Brief News:
The Convention Plenary started a battle of amendments to the first sixteen draft articles for a future Constitution (see EurActiv 27 February 2003). Most interventions dealt with two controversial issues: the inclusion in article 2 of a reference to God or Christianity and the use of the word "federal" in article 1. Several members called for an extension of the timetable of the Convention to deal with the huge amount of amendments and to give the new Member States, who are facing referenda, more time. However, Germany, France and Italy would like the current timetable to be respected. Italy is eager to finalise the following Intergovernmental Conference in December 2003 in Rome.
Convention President Valéry Giscard d'Estaing announced the convocation of two extra Plenary meetings on 5 and 26 March. The Praesidium presented an indicative programme of work going until 15-16 May.
Outside of the Convention room, civil society is also trying to influence the debate. On 26 February, the Confederation of British Industry (CBI) warned that there should not be anything in the new Constitution which would "override UK legislation on collective bargaining and the right to strike". Eight leading environmental organisations (the "Green G8") expressed their strong disappointment about the proposed first 16 articles of a new Constitution. In a press release on 27 February, the 8 organisations (among them EEB, WWF, Friends of the Earth Europe, and Greenpeace) accused the Praesidium of neglecting environmental protection in its draft articles.
Next Steps:
The Praesidium is expected to present a new set of draft articles to the Convention Plenary on 28 February
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.
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Issues:
Article 1 defines the
Union as a body "within which the policies of the Member States shall be
coordinated, and which shall administer certain common competences on a federal
basis". Several speakers proposed deleting the term 'federal' for various
reasons, while others spoke in favour of the wording, arguing that the EU
already works on a federal basis.
Including a reference
to religion in Article 2, dealing with the Union's values, was another
controversial point of discussion. The Convention Praesidium proposed including
a reference to religious values in the Preamble to the draft Constititutional
Treaty but not in the text itself. The Convention Vice-President Jean-Luc
Dehaene, who chaired the plenary session, said that the Praesidium was willing
to include a declaration on respect for the status of the churches within the
constitutional structure.
Whilst many speakers
were in favour including a reference to Judeo-Christian values in the future EU
Constitution, other argued that although Europe's roots are Greco-Roman and
Judeo-Christian, many of European citizens today are Muslims. Convention member
Mr Proinsias De Rossa (Irish Parliament) warned that inclusion of religion may
encroach on other values because "certain tendencies within Christianity
and Islam fail to respect equal rights for women".
Several speakers
proposed adding further values to Article 2, which evokes the values of
"respect for human dignity, liberty, democracy, the rule of law and
respect for human rights", and adds that the EU's aim is "a society
at peace, through the practice of tolerance, justice and solidarity".
Proposals include equality, gender equality, respect for minorities, respect
for cultural, linguistic and religious diversity, peace and solidarity.
Convention members
also proposed adding new objectives to draft Article 3, dealing with the
Union's objectives. The article now states that "the Union shall
constitute an area of freedom, security and justice, in which its shared values
are developed and the richness of its cultural diversity is respected".
Proposals to add new objectives include the social market economy, a high
degree of competitiveness, sustainable development and fight against poverty
and social exclusion.
Next steps:
The Convention will
meet again on 3 and 4 April to discuss draft articles on the Union's finances
and the area of freedom, security and justice.
Links:
Time-saving
overviews:
LinksDossier:
Convention on the Future of the EU
Official documents:
European Parliament:
Summary of Convention session on 26 March: Nature, values and objectives of the
Union [FR]
http://european-convention.eu.int/docs/Treaty/cv00528.en03.pdf
Convention
Praesidium: Draft of Articles 1 to 16 of the Constitutional Treaty (6 February
2003) [FR] [DE]
Convention
Praesidium: Proposed amendments to the text of the first 16 articles [FR] [DE]
Convention
Praesidium: Summary sheet of amendments to draft articles 1-16 (21 February
2003) [FR] [DE]
Convention
Praesidium: Area of freedom, security and justice: draft Article 31, Part One;
draft articles from Part Two [FR] [DE] (14 March 2003)
Convention
Praesidium: Union finances: draft Articles 38 to 40 [FR] [DE] (14 March 2003)
Convention
Praesidium: Indicative Programme of Work (27 Februray 2003)
Convention
Praesidium: Preliminary draft Constitutional Treaty (28 October 2002)