From: Marc-Oliver Pahl (info@mopahl.de)
Date: Sun Mar 09 2003 - 08:17:17 CET
Dear all,
attached you will find my Convention Evaluation presented
at the JEF-UEF-Constitutional seminar in Berlin on Saturday.
Best wishes
Marc-Oliver
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Marc-Oliver Pahl
Mitglied des Vorstands/Member of the Bureau
Union Europaeischer Foederalisten/Union of European Federalists (UEF)
Secretariat : 214 D, Chaussée de Wavre, B-1050 Brussels
Tel : +32-(0)2-508 30 30, Fax : -626 95 01
mailto:uef.european.federalists@skynet.be
http://www.federaleurope.org
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The Convention:
where we have got so far and where we want to go to
based on the UEF Federal Committee resolution passed in Mallorca, April 2002
by Marc-Oliver Pahl, member of UEF Bureau, Marc 2003
I. Constitutional process
1. formal outcome of the Convention: full draft Constitution which can be adopted without major
changes by the subsequent Intergovernmental Conference (IGC), which should be finished by the end of
2003: Good chances, perhaps only few options, “Rome Constitution”
2. better involvement of civil society through the media, internet, Forum, public events etc.: Not
ideal, but better than before (IGC, FR Convention); Second Youth CONV?
3. intensive public debate: not too bad, but Iraq questions leaves only little room for other
debates.
4. voting on the Constitution at the occasion of June 2004 European elections: Perhaps combination
of compulsory national referenda in some member states with European consultative referendum in
other states. At least indirect voting on the Constitution as this topic will play a major in the
election campaign
II. Fundamental elements of the constitution
1. Integration of the Charter of Fundamental Rights: overwhelming majority in favour, probably in
the first part of the Constitution. Still open: Direct access of citizens to ECJ.
2. European competence order:
- one single competence framework: One constitutional order, no more pillars: Yes!
- further clarification (competence categories etc.): some progress in comparison with today’s
treaties, but still complicated. System will stay flexibility.
- subsidiarity: early-warning system (comments of national parliaments at an early stage of the
legislative process) and access of national parliaments to ECJ: wise proposals of the Praesidium,
might not cause blockades in the legislative process (but perhaps not the final word)
- strengthening of EU competences in fields where only the EU can act effectively (Foreign, Security
and Defence Policy, Development Policy, Trade Policy, Environmental Policy, Research Policy,
Economic Policy, Social Policy and Immigration and Asylum Policy) and taxation power: depends
largely on the second part of the Constitution, but obviously shortcomings in Foreign, Security and
Defence Policy, Development Policy, Trade Policy
3. EU institutions and decision-making process
a) General trends
- principle of Union of citizens and member states: possible compromise: Union of citizens, peoples
and states
- efficiency and effectiveness often more important than democratic legitimacy
- responsiveness and accountability often do not play an important role
- balance of the institutional triangle (Parliament, Council and Commission): principle included in
every contribution or draft, but with a very different meaning/direction: mainly two camps: those
who want to strengthen EP and COM and in those who want to strengthen the Council and the European
Council.
b) European Parliament
- right of co-decision on all EU legislation and on the whole of the EU budget: good chances
- distribution of the EP seats, common electoral code, European lists of European political parties:
only very few proposals till now
c) Council
- Council as a second chamber of the EU legislature acting in public sessions, public sessions,
transfer of all executive functions to the Commission: good chances for a reform of the Council and
more transparency for legislative decision making in the Council. But Council will retain also
executive powers (CFSP, Justice and Home affairs, Economic coordination). Perspective for transfer
to the COM necessary.
- double majority voting (i.e. a majority of member states representing a majority of the
population): not intensively discussed so far, but good chances
- abandoning of the right of veto: good chances, but probably too many exception, e.g. in security
policy. Perspective for (super) qmv necessary.
- overcoming of the discontinuity caused by the rotating Presidency, introduction of the election of
individual chairs of the Council and the Council committees for longer periods: heavy battle, mainly
between the bigger and the smaller member states. Probable compromise: mixture between elected and
rotating chairs (team presidencies etc.).
d) European Commission
- Commission responsible for all executive business of the Union transforming it into a true
European Government: some go in this direction (f. ex. PPE, Greens), but others want to reduce the
Commission role to a secretariat of the European Council, its permanent president and the Council.
- Commission should also be responsible for external representation in Foreign and Security policy
matters: the likely new European Foreign Minister might somehow be integrated in COM procedures, but
will also be closely connected with the (European) Council. Different models. Foreign Minister and
his services in Brussels and abroad must be integrated in the COM as comprehensively as possible
(see Franco-German proposal: “Double hat” of High Representative for CFSP and Vice President of the
Commission).
- Commission president should be elected by Parliament: big majority in the Convention backs this
proposal, but still some resistance from the UK and others.
- recruitment of the Commission members according to their competence, no more “national seats”:
resistance from the smaller member states, perhaps hierarchical model or rotation system might help.
e) European Council
role of the European Council: some even propose to strengthen the European Council by giving it the
right to elect a strong European (Council) president and inserting the “open method of coordination”
in the Constitution; others want it of re-focus on its role of giving general guidelines. Result
still open
f) European Court of Justice
extension of ECJ jurisdiction to all EU acts and all natural and legal persons: good chances
4. Adoption and amendment of the Constitution
- all future amendments could be negotiated by an inter-institutional Convention: widespread
support, but too early to judge. Outcome of the present Convention has to be evaluated.
- European wide referendum on major amendments: uncertain
- abolishing the veto of a single member state on constitutional amendments: some support, but very
delicate topic. Might be left to the IGC.
III. Conclusions: Federal character of the coming Constitution
If the majority positions in the Convention will prevail in the final draft Constitution and this
draft is passing the IGC and the ratification process without major changes this would mean a big
step forward towards a real federal Constitution for the European Union. Some transitory provisions
in fields like CFSP might have to be accepted. But there is still a risk that minority positions
from some governments (UK, E, F, I) might weaken the result.
The outcome is still open!
Lobbying for federalist ideas, in the general public, the political class and the Convention, is
more necessary than ever!
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