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An Exploration of the ‘convention’ and its outcome

Convention on the future of Europe ’02 – ’03 Intergovernmental Conference begins 4 October 2003 – concluded July 2004. An Exploration of the ‘convention’ and its outcome. http://www.europeanmovement.ie/FOE%20B%20Paper.htm. Why was ‘a Convention’ established?.

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An Exploration of the ‘convention’ and its outcome

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  1. Convention on the future of Europe ’02 – ’03Intergovernmental Conference begins 4 October 2003 – concluded July 2004 An Exploration of the ‘convention’ and its outcome http://www.europeanmovement.ie/FOE%20B%20Paper.htm

  2. Why was ‘a Convention’ established? • With enlargement the EU needs to function effectively. • At Nice European Council it was decided to put this structure in place to encourage ideas and debate on the Future of Europe. • At Laeken European Council a mandate for Convention on Future of Europe outlined; the first meeting was 28th Feb 2002

  3. What was ‘the Convention’? • It is a meeting of 105 delegates to consider the future shape of the European Union • It is regarded as ‘an innovative style of decision-making’ (Pat Cox, IT Feb 28 2002) • It will meet about 20 times a year, will draw up reports on a wide range of issues concerning the future of the EU. • In the end, however, it is up to EU leaders to decide whether to act on the convention's suggestions

  4. What were they talking about in the Convention? • The divisions of powers between the EU and the Member States • The status of the Charter of Fundamental Rights • The simplification of the Treaties to improve clarity • The role of national parliaments in EU decision-making

  5. Key issues • To determine which policy areas should be decided at EU level and which should be the sole responsibility of member-states. • Some governments see the convention as an opportunity to strengthen the EU institutions but others want to hand powers back to national governments • Slim it down or beef it up!

  6. The key issues • How should power be divided between EU institutions, between the Union and its member states, and between big and small states? • Should the EU have a charter of fundamental rights? • How can one best unify and beef up EU’s role in foreign policy? Who does what? • National parliaments – their role in EU decision-making • Put the Treaty in your pocket! (simplify/clarify)

  7. Issues emerging for the IGC Should there be a reference to God or to Europe’s christian heritage; at present the Preamble recalls the ‘cultural, religious and humanist inheritance of Europe” ( Dana, Irish MEP) Fundamental Rights and Citizenship of the Union: Incorporated into Part II of the Treaty Sets out in consolidated form rights enjoyed under the EU Treaties and related case-law, the European Convention on Human Rights, the Social Charters of the Union and the Council of Europe and the constitutional traditions and international obligations common to Member States Charter is to apply to the EU institutions and to the Member States only when they are implementing EU law • The Union’s institutions: • President of the European Council • New job… help in cohesion and • Presidency: held for a year • Commission: size, 15 or one each? • Union Minister for Foreign Affairs: • Combines the job of Solana and Patten • at present; to be accountable to the • Council and the Commission

  8. IGC issues, November 2003 The ‘large’ versus ‘small’ states? How do you reconcile two constitutional imperatives: the equality of states, no matter what size and the equality of citizens The reality: States are widely differing in size: Germany 82.5 million, and Malta, 340,000. This largely a new problem which arose in the context of the current development of the Union • The problem: • The method of voting in the • Council; • the weighting agreed in Nice • the double majority – this enshrines the • rule that no decision could be taken against • the wishes of a majority of the citizens • And for small states, requires that no • decision could be taken against the wishes • of a majority of the member-states; • Such a majority shall consist of the • Majority of member-states, reprsenting at least • Three-fifths of the population of the Union • This ‘double majority: moves away from • the weighting agreed at Nice; does away • With the ‘golden rule’ of voting equality • Between Ge,Fr, Italy

  9. and lots more… • Common Foreign and Defence Policy ( CFSP) - move from unanimity to QMV • Area of Freedom, Security and Justice ( used to be referred to asJustice and Home Affairs • The Convention created a single Treaty structure, abolishing the pillars, enabling the Convention to recommend bringing the legal instruments in the justice area into line with those available in other policy areas

  10. How was the Convention organised? • The convention had 105 delegates—representatives of European governments, parliaments and institutions. Economist:Feb 28th 2002

  11. Composition of the Convention Chairman 2 Vice-Chairmen 15 Reps of Member State Governments 30 Members from National Parliamnets 16 Reps from European Parliament 2 Reps from European Commission 39 Representative from Accession Countries

  12. Composition of the Convention • The Convention wass composed of the main parties involved in the debate on the future of the European Union. In addition to its Chairman and two Vice-Chairmen, the Convention is composed of: • 15 representatives of the Heads of State or Government of the Member States (one from each Member State), • 13 representatives of the Heads of State or Government of the candidate States (1 per candidate State), • 30 representatives of the national parliaments of the Member States (two from each Member State), • 26 representatives of the national parliaments of the candidate States (two from each candidate State), • 16 members of the European Parliament, • 2 representatives of the European Commission

  13. Observers • The Economic and Social Committee (three reps), • the Committee of the Regions (six reps), • the social partners (three reps) and • the European Ombudsman - Mr Nikiforos DIAMANDOUROS • The Laeken Declaration provides for the candidate States to take a full part in the proceedings without, however, being able to prevent any consensus which may emerge among the Member States

  14. Meetings • Plenary sessionsThe Convention met in plenary session once a month, at the premises of the European Parliament in Brussels. The sessions were open to the public and took place over two half days

  15. Meetings • The working groupsThe members of the Convention participate in working groups to look into particular issues more closely.

  16. 11 Working Groups • The principle of subsidiarity • Incorporation of the Charter / Accession to the European Convention on Human Rights • Legal Personality • National Parliaments • Complementary Competences • Economic Governance • External Action • Defence • Simplification of Procedures and Instruments • Freedom, Security and Justice • Social Europe

  17. Meetings • The Praesidium • provides the impetus for the Convention's proceedings. • consists of the Convention Chairman and Vice-Chairmen, two reps of the members of the European Parliament, two reps of the Commission, two national parliament reps and reps of the Spanish, Danish and Greek governments (the countries holding the Presidency of the Union during the Convention). • invites one member of the Convention designated by the representatives of the candidate countries to all its meetings

  18. Members of the Praesidium (formulates the agenda of the Convention) Council Presidencies Ana Palacio Henning Christophersen Georges Katiforis Chair Valery Giscard d’Estaing Giuliano Amato Jean-Luc Dehaene National Parliaments John Bruton Gisela Stuart European Commission Michael Barnier Antonio Vitorino European Parliament Klaus Hansch Inigo Mendez de Vigo Invitee Aloiz Peterle

  19. Second plenary session of the European Convention,21-22 March 2002(from left to right)- Mr Jean-Luc Dehaene, Vice-Chairman,- Mr Giuliano Amato, Vice-Chairman,- Mr Valéry Giscard d'Estaing, Chairman

  20. Ireland and the Convention • A slow start, MacSharry the Irish government rep., now it is Minister Dick Roche • Initially seen by many in the Government as little more than a talking shop • ‘energetic and increasingly effective Irish networking in the Convention’ (IT, 7 April 03) • it has grown into a heavyweight body whose report will have considerable influence

  21. What has happened so far ( April 2003) • Feb ’03: the draft text - the first 16 articles of the treaty • Reaction: • Mr Hain expressed outrage at a reference in the first article of the text to the EU administering certain common competences "on a federal basis". • Mr Roche acknowledged that a reference to the EU's competence to "co-ordinate the economic policies of the member-states" could be interpreted as a threat to national sovereignty over taxation. • Mr John Gormley, welcomed the draft's clarity of expression but complained that it did not reflect the debate in the Convention and its working groups. He said that Mr Giscard had effectively hijacked the Convention in order to impose his own vision of Europe's future.

  22. Small versus large states • Leaders of the seven smallest EU member-states met to coordinate strategy in Luxembourg, an unprecedented meeting at this level • Rotating presidency ( keep it as it is) • Commission (size, taking turns) • EU Foreign Minister (how to prevent large state control)

  23. Valéry Giscard d'Estaing, ‘their imperious chairman’. • Giscard, he fears, personifies the idea of a Europe ruled by princes. (Austrian Green Johannes Voggenhuber ) • they were appalled at his decision to publicise his ideas on the European Union's future before telling the convention. • .. It soured the atmosphere for subsequent consideration of these articles.’ J.Bruton, 29.4.03 IT

  24. Some points raising hackles already! • Does the EU need a directly elected commission president? • What is the role of the European Council’s President? • What size is the Commission for the future?

  25. Preliminary Draft TREATY ESTABLISHING A CONSTITUTION FOR EUROPE A. TABLE OF CONTENTS • PREAMBLE • PART ONE: CONSTITUTIONAL STRUCTURE Title I: Definition and objectives of the Union • Article 1: Creation of the [European Community, European Union, United States of Europe, United Europe] 1 • Article 2: Values • Article 3: Objectives • Article 4: Legal personality Title II: Union citizenship and fundamental rights • Article 5: Citizenship of the Union • Article 6: Charter of Fundamental Rights

  26. Preliminary Draft Contiuned • Title III: Union competences and actions • Article 7: Fundamental principles: conferred competence, subsidiarity,proportionality • Article 8: Respect for fundamental principles: the limits of conferred competence.Monitoring subsidiarity and proportionality. Primacy of Communitylaw. Evolution over time • Article 9: Categories of competences: definition. • Article 10: Exclusive competences. • Article 11: Shared competences. • Article 12: Areas for supporting action. • Article 13: Common foreign and security policy; common defence policy; policy onpolice matters and crime.

  27. Preliminary Draft Contiuned • Title IV: Union institutions • Article 14: The institutional structure common to actions conducted by the Union and to those conducted jointly by the Member States within the Union framework. • Article 15: European Council: composition, role, missions. • Article 15 bis Presidency of the European Council. • Article 16: European Parliament: composition, attributions. • Article 17: Council: composition, attributions. • Article 17 bis Presidency of the Council. • Article 18: Commission: composition; attributions (sole power of proposal). • Article 18 bis Presidency of the Commission. • Article 19: Congress of the Peoples of Europe. • Article 20: Court of Justice. • Article 21: Court of Auditors. • Article 22: European Central Bank. • Article 23: The Union's advisory bodies.

  28. Preliminary Draft Contiuned • Title V: Implementation of Union action • Article 24: The instruments of the Union: e.g. European laws, framework laws, • European decisions (precise list to reflect the conclusions of Working • Group IX). • Article 25: Legislative procedures: adoption of laws and framework laws. • Article 26: Procedures for the adoption of decisions. • Article 27: Procedures for the adoption of implementing measures. • Article 28: Procedures for implementing supporting actions (including programmes), • and monitoring them. • Article 29: Common foreign and security policy. • Article 30: Common defence policy. • Article 31: Policy on police matters and crime. • Article 32: Enhanced cooperation.

  29. Press: Paul Gillespie • ‘Anglo-French unholy alliance • Both want to shift the balance of power in the EU to larger states by a kind of politburo workig under a new president of the intergovernmental European Council • France and Britain need to get together for an drink inan Irish bar to co-ordinate their act. (Ash) • Greeks asked Cowen to introduce yesterday’s discussion on EU-US relations at Rhodes

  30. Preliminary Draft Contiuned • CONV 369/02 4 • EN • Title VI: The democratic life of the Union • Article 33: The principle of democratic equality among Union citizens. • Article 34: The principle of participatory democracy. • Article 35: Uniform electoral law for European Parliament elections. • Article 36: Transparency of the Union's legislative debates. • Article 37: Voting rules in Union institutions. Implementation of the possibility of • "constructive abstention", and its consequences. • Title VII: Union finances • Article 38: The Union's resources. • Article 39: The principle of budgetary balance. • Article 40: The Union's budgetary procedure. • .

  31. Preliminary Draft Contiuned • Title VIII: Union action in the world • Article 41: The external representation of the Union. • Title IX: The Union and its immediate environment • Article 42: Privileged relations between the Union and neighbouring States. • Title X: Union Membership • Article 43: A Union open to all the European States which strictly respect its values and • fundamental rights and accept its rules of operation. • Article 44: Procedure for accession to the Union. • Article 45: Suspension of Union membership rights. • Article 46: Withdrawal from the Union

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