From: Marc-Oliver Pahl (info@mopahl.de)
Date: Sat Oct 26 2002 - 13:52:18 CEST
Leinen proposes a federal EU Constitution
Jo Leinen, German social democrat member of the European
Parliament has come up with a draft proposal for a European
Constitution, based on a federal model. His views oppose those of
the Convention Chairman Valéry Giscard d'Estaing, who favours a
more intergovernmental approach. Jo Leinen proposes the
Commission as the EU executive, with a president elected by the
European Parliament. He also favours the creation of a European
senate, made up of member state representatives, which together
with the European Parliament would be responsible for the
legislation in the EU.
This draft European Constitution was presented to the Convention
President Valéry Giscard d'Estaing, and is expected to be
discussed on Monday along with the other different proposals tabled
for the model of the future Constitution. "The time was ripe to table
a committed pro-European proposal," he said. "There are strong
forces active who wanted to turn back the wheel of European
integration or to fix the intergovernmental method in crucial
questions of the EU."
Creation of Mr Common Foreign and Security Policy
Although aware that it will not be welcomed by various EU sections, Jo Leinen wants the Commission
as the
EU executive, having the President of the European Commission elected by the European Parliament.
The
EU legislation would be entrusted into two chambers, the European Parliament (citizen's chamber) and
the
European senate (state's chamber) - emerging from a re-organisation of the Council of Ministers. In
matters
concerning the EU's Defence Policy, its implementation would be entrusted to one of the three
Commission's vice-presidents having the name of European Foreign Minister, acting in co-operation
with
the European Council.
An EU state may leave
He also proposes that a member state may apply to leave the EU, subject to the assent of the
European
Parliament, the European Senate, and the majority of the Parliaments of the member states. Moreover,
any
member state offending to a significant degree against the values and principles of the EU may, on
the
decision of the European Parliament and the European Senate each voting by a two-thirds majority,
lose
certain of its rights.
Mr Leinen wants the European Constitution to be approved in a referendum by a majority of the
Union's
citizens and a majority of the Member states. However, those EU states, which do not ratify the
Constitution, may decide whether they wish to participate on the basis of this Constitution or else
leave the
EU.
German included in EU working languages
In his draft proposal, Jo Leinen says that all official languages of the member states would be the
official
languages of the Union, but he also sees German being one of the EU working languages with the
present
English and French.
Written by Sharon Spiteri
Edited by Lisbeth Kirk
Article published 25.10.2002 - 17:11 CET
Printed from EUobserver 26.10.2002
Copyright EUobserver 2000, 2001, 2002
The information may be used for personal and non-commercial use only
This article and related links can be found at:
www.EUobserver.com/index.phtml?aid=8136&sid=18
--------
Franco-German motor kick-started again
EUOBSERVER / BRUSSELS - It's official. The Franco-German
motor is back en vogue. A surprise deal on the Common
Agricultural Policy (CAP) on Thursday was the first overt sign.
Anders Fogh Ramussen, the Danish prime minister and current
president of the EU, was quick to say that there "are fifteen member
states" in the European Union, but the Commission president was
more pragmatic. "I want to thank the French and the German
leaders in particular" for reaching an agreement, said Romano Prodi.
But the pre-summit deal between German Chancellor Gerhard
Schröder and French president Jacques Chirac, on what was
supposed to be the most controversial aspect of the Brussels
summit, was not all. The two leaders went much further.
Common position in the Convention on the Future
In the coming weeks, said Mr Chirac on Friday, the two countries
will see how they can come to a "common position" in the on-going
Convention on the future of Europe. He reiterated this at his final
press conference saying he was "convinced" that the two would
reach common position. This is a hugely important development at
this delicate stage in the deliberations in the Convention.
Until now, the German position on the debate on the future of Europe has been nebulous. France on
the other
hand, has been openly siding with the UK and Spain in supporting a more inter-governmental approach.
But
with this political will from above, plus the recent placing of the German foreign minister, Joschka
Fischer, in
the Convention, things looks set to be shaken up.
Dynamic engine essential to the EU
President Chirac, who emerged victoriously from the Brussels Summit, spoke of the "dynamic
Franco-German co-operation" as being essential for a functioning Europe. "If one forgets this, the
realities
will remind us of it", he added. Just a few feet away, in another press conference, Gerhard Schröder
was
unleashing his praise for his French counterpart. The French president is such an "experienced
politician"
who he "respects," said the Chancellor before going on to speak of the importance of the engine for
"European development."
Strong Franco-German declaration in January 2003
All these good mutual feelings are apparently going to culminate in January. The 40th anniversary of
the
Elysée Treaty, which established France and Germany as the driving force in Europe, will be the
occasion for
a "strong declaration", said Mr Chirac.
Written by Honor Mahony
Edited by Lisbeth Kirk
Article published 25.10.2002 - 23:33 CET
Printed from EUobserver 26.10.2002
Copyright EUobserver 2000, 2001, 2002
The information may be used for personal and non-commercial use only
This article and related links can be found at:
www.EUobserver.com/index.phtml?aid=8139&sid=18
--------
Broad support for Giscard proposals
EUOBSERVER / BRUSSELS - EU Heads of State meeting at the
European Council in Brussels have reacted positively to the outline
proposed by Convention President, Valery Giscard d’Estaing, for a
future Constitutional Treaty.
He said he did not hear a negative response on any issue of the
architectural framework he intends to present to the Convention for
the first time on Monday. Details to the framework will be fleshed
out in the run up to the Copenhagen Summit in December.
Rotating Presidency
Mr Giscard confirmed that there had been broad consensus
amongst EU leaders to change the current six month rotating
presidency system. "This destabilises the Union. We cannot keep
defining new priorities every six months," he said.
The President commented that out of the three major European
institutions, two – the Parliament and Commission – already had a
stable presidency. In theory there is no reason why there cannot
be a president in the third, the Council, he said.
National vetoes
On the issue of national vetoes, Mr Giscard said that although he welcomed the positive result of
the Irish
Nice referendum it had become apparent that a very small number of people could halt progress on
major
issues. "This is something we need to discuss when looking at voting systems," he said, adding that
very
few cases would be left for vetoes and that a qualified or "superqualified" majority vote would be
used.
Legal personality
Proposals to involve national parliaments in the legislative process by checking EU laws in terms of
subsidiarity had been met positively, he said. The proposals include an "early warning system"
whereby
member states indicate to the European Commission when they feel that legislation would be better
dealt
with at the national level.
He referred to the general support for a single legal personality as a "major innovation". Mr
Giscard is in
favour of merging the existing European treaties, a major task to simplify the texts into a single
document.
The Convention chairman said that of the existing 414 articles in the EU treaties, around half –
those
referring to the Single Market and Economic and Monetary Union – could be maintained. Slight
amendments
are necessary for 136 articles to adapt them to the functioning of the new institutions, and 73 will
have to
be totally rewritten to reflect the merger into a single legal personality.
He admitted that ratification of this new text would be a complex issue both legally and
politically. The
matter has not yet been debated.
Religious provision
Mr Giscard will be meeting with the Pope in Rome next week to discuss the concerns of the church
about its
status and the legal recognition of religious organisations. The Convention President said that
there may be
some provision for religion in the body or preamble of a future Constitutional text.
Written by Nicola Smith
Edited by Lisbeth Kirk
Article published 24.10.2002 - 23:55 CET
Printed from EUobserver 26.10.2002
Copyright EUobserver 2000, 2001, 2002
The information may be used for personal and non-commercial use only
This article and related links can be found at:
www.EUobserver.com/index.phtml?aid=8122&sid=18
-------------
Giscard's big idea legally questionable
Two weeks ago, Cambridge Law Professor Alan Dashwood published
a draft constitution for a future Europe. Some three months in the
making and having the tacit approval of the British government, it
was seen as a smart move by the UK to influence the on-going
debate in the Convention on the Future of Europe at a crucial stage.
It clearly outlines a limitation of the Union’s powers in favour of the
member states, provides an "implicit" answer to the 60,000 euro
question of who should be the president of a future Europe, and
presents a new overall structure for a constitution.
In an interview with the EUobserver, Professor Dashwood answers
some of his critics, ponders the legal merits of Convention
president Valéry Giscard d’Estaing’s recent idea for a new Europe
system, and explains why his treaty "structure" is "one of the best"on offer.
One time ratification of new constitution legally impossible?
"From what I have read, I don’t understand from a legal point of view how that could be achieved,"
said the
legal expert, offering a preliminary interpretation of Convention president Valéry Giscard
d’Estaing’s recent
idea to create a new "system" with the European constitution, which member states would have one
chance
to ratify or be out.
"If you don’t ratify the new treaty then the old treaty continues to apply," and it is impossible to
get to the
"new situation until the existing treaties are amended and that requires everybody to agree." There
is no
"legal way," elaborated Professor Dashwood, "except by a political revolution, of introducing a new
set of
rules under which people who don’t agree to a treaty find themselves on the outside."
Simply a "non-federalist" text
Professor Dashwood’s text received criticism from both the eurofederalist and the eurosceptic camp.
The
federalist’s accused him of not addressing the democratic deficit issues and leaving important
institutional
questions unanswered. The democratic deficit was a "political problem" and not an "institutional"
one. A
Commission president to head the EU elected by the European Parliament, proposed by federalists and
small member states alike, would confer "spurious legitimacy" upon the post and would politicise it.
Following the line of their big allies in this debate, France and Spain, this draft constitution
tacitly approved
by the UK government, implies that a Council president, elected by the member states, should guide a
future EU.
However, his text also received criticism from the eurosceptics for the inclusion of "loyal
cooperation" on
the part of the member states as a principle of the Union. "Simply nonsense" he retorts to claims
that this
will eat away at the sovereignty of the member states. It is simply a "balance" as the other
principles,
subsidiarity and proportionality, stress the limitation of the Union’s powers. In fact, it is
something, "which
eurosceptics ought to like."
"Even a federalist could learn something from my structure"
"Whatever about the content …even a federalist could learn from my structure" insists Professor
Dashwood
of his text, which is laid out in three parts. A constitutional part, an institutional part and a
third –
intergovernmental – part on "enhanced co-operation." The last of which "leaves the door open" for
extra
cooperation in defence. "This structure … is the best on offer" at the moment. "I hope it will give
some ideas
to those working in the Convention," concludes the Professor.
The text was drawn up by Alan Dashwood, Michael Dougan, Christophe Hillion, Angus Johnston and
Eleanor
Spaventa. Although not an official UK government text per se, it was drawn up after consulting
officials in
the UK Foreign and Commonwealth Office.
Written by Honor Mahony ,Edited by Lisbeth Kirk
Article published 24.10.2002 - 15:11 CET
Printed from EUobserver 26.10.2002
Copyright EUobserver 2000, 2001, 2002
The information may be used for personal and non-commercial use only
This article and related links can be found at:
www.EUobserver.com/index.phtml?aid=8115&sid=18
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