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History and Theory of European Integration

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Title: History and Theory of European Integration


1
History and Theory of European Integration
  • Marina V. Larionova

2
Lecture 12
  • From Laeken (2001) to Rome (2004)

3
Contents
  • The Laeken Presidency Conclusions.
  • The Convention method, negotiations over the
    Draft Constitutional Treaty institutional reform
    and the double majority voting.
  • Issues and Outcomes.

4
Readings for the lecture
  • The Constitutional Treaty of the EU
  • A Collection of Articles from the Economist. From
    Leaken to Rome. A Reader
  • Selected papers and speeches of the EU
    politicians
  • ????????? ?.?. (2003) ?????????????? ??????????
    ?? ? ???????? ?????????? ? ????????????
    ???????????????? ????????, ?????????????
    ???????? ??? ?????
  • ????????? ?.?. (2004) ?????? ??? ????????
    ???????? ? ?????? ????????????????????
    ???????????, ????????????? ???????? ??? ?????.

5
Treaty of Nice
  • Institutional reform
  • Enhanced cooperation
  • Extension of the QMV to 30 new articles
  • Provision for deeper and wider debate on the
    future of the EU

6
The Future of the European Union Laeken
Declaration December 2001
  • EUROPE AT A CROSSROADS
  • The European Union is a success story. For over
    half a century now, Europe has been at peace.
    the Union forms one of the three most prosperous
    parts of the world. As a result of mutual
    solidarity and fair distribution of the benefits
    of economic development, moreover, the standard
    of living in the Union's weaker regions has
    increased enormously and they have made good much
    of the disadvantage they were at.

7
EUROPE AT A CROSSROADS
  • Fifty years on, however, the Union stands at a
    crossroads, a defining moment in its existence.
    The unification of Europe is near. The Union is
    about to expand to bring in more than ten new
    Member States, predominantly Central and Eastern
    European, thereby finally closing one of the
    darkest chapters in European history the Second
    World War and the ensuing artificial division of
    Europe. At long last, Europe is on its way to
    becoming one big family, without bloodshed, a
    real transformation clearly calling for a
    different approach from fifty years ago, when six
    countries first took the lead.

8
  • "A day will come when all the nations of this
    continent, without losing their distinct
    qualities or their glorious individuality, will
    fuse together in a higher unity and form the
    European brotherhood. A day will come when there
    will be no other battlefields than those of the
    mind - open marketplaces for ideas. A day will
    come when bullets and bombs will be replaced by
    votes".
  • Victor Hugo

9
Towards a Constitution for European citizens
  • Challenges and reforms in a renewed union

10
  • The Union needs to become more democratic,
    more transparent and more efficient. It also has
    to resolve three basic challenges
  • how to bring citizens, and primarily the young,
    closer to the European design and the European
    institutions,
  • how to organize politics and the European
    political area in an enlarged Union and
  • how to develop the Union into a stabilizing
    factor and a model in the new, multipolar world.

11
  • In order to address them a number of specific
    questions need to be put.
  • A better division and definition of competences
    in the European Union.
  • Simplification of the Union's instruments.
  • More democracy, transparency and efficiency in
    the European Union.
  • Transparency and simplification of the Treaties.
  • Inclusion of the Charter of Fundamental Rights in
    the basic Treaty.

12
Convention on the Future of Europe
  • In order to pave the way for the next
    Intergovernmental Conference as broadly and
    openly as possible, the European Council has
    decided to convene a Convention composed of the
    main parties involved in the debate on the future
    of the Union. In the light of the foregoing, it
    will be the task of that Convention to consider
    the key issues arising for the Union's future
    development and try to identify the various
    possible responses.

13
The Budget for the Convention
  • 10.5 million euro
  • 2.6 - from the Commission
  • 1.0 - from the EP
  • 0.4 - from the Secretariat of the Council of
    Ministers
  • 6.4 - in kind from the member states and
    institutions of the European Union

14
Composition broader range of interests than the
IGCs
  • The European Council has appointed
  • Mr V. Giscard d'Estaing as Chairman of the
    Convention
  • Mr G. Amato as Vice-Chairmen
  • Mr J.L. Dehaene as Vice-Chairmen

15
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

16
The Convention
  • 15 representatives of the Heads of State or
    Government of the Member States (one from each
    Member State),
  • 30 members of national parliaments (two from each
    Member State),
  • 16 members of the European Parliament
  • two Commission representatives
  • one government representative and two national
    parliament members of the accession countries
    (without power to prevent consensus emerging
    among the Member States).

17
The Praesidium of the Convention 121
  • the Convention Chairman and Vice-Chairmen
  • nine members drawn from the Convention
  • the representatives of all the governments
    holding the Council Presidency during the
    Convention (Spain, Denmark, Greece),
  • two national parliament representatives,
  • two European Parliament representatives,
  • two Commission representatives.

18
Invited to attend as observers
  • the Economic and Social Committee
  • the Committee of the Regions
  • the European Ombudsman

19
Length of proceedings
  • inaugural meeting on 1 March 2002 to be
    completed in a year
  • Final document objective
  • provide a starting point for discussions in the
    Intergovernmental Conference, which will take the
    ultimate decisions.

20
How to construe the debate and drafting of a
document, which has a notion of a Constitutional
Treaty?
  • Simplification
  • Transparency
  • Enlargement
  • Democratic deficit
  • Fundamental human rights
  • Institutional reform
  • Supremacy of the EU law
  • and Subsidiarity
  • Distribution of the competencies

21
Working methods
  • 26 Plenary sessions of two half days
  • Public debate
  • Working groups
  • Praesidium meetings (50) and papers (52)
  • The Chairman drawing conclusions from the public
    debate
  • The Praesidium providing the Convention with an
    initial working basis.
  • The Praesidium consulting Commission officials
    and experts
  • The Praesidium setting up ad hoc working parties.
  • The Council kept informed of the progress of the
    Convention's proceedings.
  • The Convention Chairmans oral progress report at
    each European Council meeting

22
Working groups
  • Subsidiarity
  • Charter of Fundamental Rights
  • A single legal personality
  • Role of national parliaments
  • Complementary competencies
  • Economic Governance
  • External Action
  • Defence
  • Simplification
  • Freedom, Security and Justice
  • Social Europe

23
Secretariat headed by Sir John Kerr
  • Set up to support the Praesidium
  • Non-papers
  • Dialogue with the civil society
  • Networks
  • Civil Society Hearing
  • Youth Convention
  • Forum contributions (1264)

24
Operating procedures
  • Explicit objective of drafting a broadly agreed
    document
  • consensus does not mean unanimity but consensus
    means more than majority, Valéry Giscard
    d'Estaing, November 2002 plenary session
  • Alphabetical seating
  • Public discussions
  • No voting procedures
  • Three phases

25
Three phases
  • Listening phase February 2002 June 2002
  • Analytical phase June 2002 November 2002
  • First draft of the constitutional structure
    published on October 28, 2002
  • December 2002
  • - Draft constitutional treaty of the Commission -
    Penelope
  • - Commissions formal contribution
  • Ulysses - riposte to Penelope
  • Drafting phase December 2002- spring 2003
  • Phased release of articles
  • Flood of amendments (6000)
  • - First set of 16 articles generating 1187
    amendments
  • - Drafts on the institutions and foreign policy
    1500 amendments
  • - Part I presented to the Athens Council meeting

26
July 13, 2003
  • Final meeting of the Convention
  • Our ship has reached the port
  • Valéry Giscard d'Estaing

27
Thessaloniki European Council June, 19/20, 2003
  • Presentation of the new Constitutional Treaty
    by the Chairman of the Convention
  • Part 1- Constitutional part values/objectives/all
    ocation of competencies/institutions/instruments/f
    inancial framework and provisions for membership
  • Part 2 Charter of Fundamental rights
  • Part 3 Policy provisions
  • Part 4 Final provisions

28
an edifice and a balance?
  • Call to ensure that
  • no disturbance of the balance, by calling its
    provisions into question, is allowed to
    jeopardize the solidity of the edifice!

29
Presidency Conclusions
  • the draft constitutional treaty is a good basis
    for starting in the intergovernmental
    conference.

30
Responses
  • Goran Persson
  • Care needed in addressing the changes as
    many cards may start falling down
  • Jacque Chirac
  • it is necessary to understand that everyone
    has to make an effort if we want to get a result
  • Gerhard Schroder
  • 100 per cent happy
  • French National Assembly and German Bundestag
    joint September 24 meeting
  • Draft a coherent and unified document

31
Responses
  • Leszek Miller
  • Adopting a tough negotiating position
  • Tony Blair
  • Non negotiable items retaining a veto on
    Foreign and Defense policy, taxation
  • UK government White paper, September 9, 2003
  • J. Shaw
  • Conventions work might have a surprisingly
    powerful capacity to lock in the Member States
    and to constrain their freedom of action in the
    IGC.

32
Responses
  • EP positive response
  • European Commissions official response September
    17
  • Opposed to two tiered Commission
  • Greece, Finland and Sweden
  • Opposed to two tiered Commission
  • Irish Foreign Minister
  • We do not want the text to be dismantled.
    Nor is it holy writ. Improvement and
    clarifications are possibleBut what is needed is
    a sense of proportion
  • Poland and Spain
  • Demand for mention of God/ Christianity in
    the Preamble

33
The Draft main innovations
  • Part I.
  • Title IV The Unions institutions
  • Chapter I . The institutional framework

34
Article 18 The Unions Institutions
  • 1. The Union shall be served by a single
    institutional framework which shall aim to
  • advance the objectives of the Union,
  • promote the values of the Union,
  • serve the interests of the Union, its citizens
    and its Member States,
  • and ensure the consistency, effectiveness and
    continuity of the policies and actions which it
    undertakes in pursuit of its objectives.
  • 2. This institutional framework comprises
  • The European Parliament,
  • The European Council,
  • The Council of Ministers,
  • The European Commission,
  • The Court of Justice.
  • 3. Each Institution shall act within the limits
    of the powers conferred on it in the
    Constitution, and in conformity with the
    procedures and conditions set out in it. The
    Institutions shall practice full mutual
    cooperation.

35
Article 19 The European Parliament
  • The European Parliament shall, jointly with the
    Council of Ministers, enact legislation, and
    exercise the budgetary function, as well as
    functions of political control and consultation
    as laid down in the Constitution. It shall elect
    the President of the European Commission.
  • The European Parliament shall be elected by
    direct universal suffrage of European citizens in
    free and secret ballot for a term of five years.
    Its members shall not exceed seven hundred and
    thirty-six in number. Representation of European
    citizens shall be degressively proportional, with
    a minimum threshold of four members per Member
    State.

36
Article 19 The European Parliament
  • Sufficiently in advance of the European
    Parliamentary elections in 2009, and, as
    necessary thereafter for further elections, the
    European Council shall adopt by unanimity, on the
    basis of a proposal from the European Parliament
    and with its consent, a decision establishing the
    composition of the European Parliament,
    respecting the principles set out above.
  • 3. The European Parliament shall elect its
    President and its officers from among its
    members.

37
The discussions in the IGC
  • Small Member States
  • advocating a higher minimum threshold than the
    one proposed by the members of the Convention
  • An informal agreement in the Naples Foreign
    Ministers meeting to raise the minimum threshold
    of members to five and to increase the number of
    members above 736

38
The Provisions of the Treaty
  • IGC increase the maximum number of members to 750
  • each Member State entitled to a minimum of six
    and a maximum of 96 members
  • the final number of members allocated to each
    Member State on the basis of degressive
    proportionality to be decided by the European
    Council, acting unanimously, before the European
    elections of 2009.

39
Article 20 The European Council
  • 1. The European Council shall provide the Union
    with the necessary impetus for its development,
    and shall define its general political directions
    and priorities. It does not exercise legislative
    functions.
  • 2. The European Council shall consist of the
    Heads of State or Government of the Member
    States, together with its President and the
    President of the Commission. The Union Minister
    for Foreign Affairs shall take part in its work.
  • 3. The European Council shall meet quarterly,
    convened by its President. When the agenda so
    requires, its members may decide to be assisted
    by a minister and, in the case of the President
    of the Commission, a European Commissioner. When
    the situation so requires, the President shall
    convene a special meeting of the European
    Council.
  • 4. Except where the Constitution provides
    otherwise, decisions of the European Council
    shall be taken by consensus.

40
Article 21 The European Council Chair
  • 1. The European Council shall elect its
    President, by qualified majority, for a term of
    two and a half years, renewable once. In the
    event of an impediment or serious misconduct, the
    European Council can end his or her mandate
    according to the same procedure.
  • 2. The President of the European Council
  • shall chair it and drive forward its work,
  • shall ensure its proper preparation and
    continuity in cooperation with the President of
    the Commission, and on the basis of the work of
    the General Affairs Council,
  • shall endeavor to facilitate cohesion and
    consensus within the European Council,
  • shall present a report to the European Parliament
    after each of its meetings.
  • The President of the European Council shall at
    his or her level and in that capacity ensure the
    external representation of the Union on issues
    concerning its Common Foreign and Security
    Policy, without prejudice to the responsibilities
    of the Union Minister for Foreign Affairs.
  • 3. The President of the European Council may not
    hold a national mandate.

41
Article 22 The Council of Ministers
  • The Council of Ministers shall, jointly with the
    European Parliament, enact legislation, exercise
    the budgetary function and carry out
    policy-making and coordinating functions, as laid
    down in the Constitution.
  • The Council of Ministers shall consist of a
    representative of each Member State at
    ministerial level for each of its formations.
    Only this representative may commit the Member
    State in question and cast its vote.
  • Except where the Constitution provides otherwise,
    decisions of the Council of Ministers shall be
    taken by qualified majority.

42
Article 23 Formations of the Council of Ministers
  • The Legislative and General Affairs Council shall
    ensure consistency in the work of the Council of
    Ministers.
  • When it acts in its General Affairs function, it
    shall, in liaison with the Commission, prepare,
    and ensure follow-up to, meetings of the European
    Council.
  • When it acts in its legislative function, the
    Council of Ministers shall consider and, jointly
    with the European Parliament, enact European laws
    and European framework laws, in accordance with
    the provisions of the Constitution. In this
    function, each Member States representation
    shall include one or two representatives at
    ministerial level with relevant expertise,
    reflecting the business on the agenda of the
    Council of Ministers.

43
Article 23 Formations of the Council of Ministers
  • 2. The Foreign Affairs Council shall, on the
    basis of strategic guidelines laid down by the
    European Council, flesh out the Unions external
    policies, and ensure that its actions are
    consistent. It shall be chaired by the Union
    Minister for Foreign Affairs.
  • 3. The European Council shall adopt a European
    decision establishing further formations in which
    the Council of Ministers may meet.
  • 4. The Presidency of Council of Ministers
    formations, other than that of Foreign Affairs,
    shall be held by Member State representatives
    within the Council of Ministers on the basis of
    equal rotation for periods of at least a year.
    The European Council shall adopt a European
    decision establishing the rules of such rotation,
    taking into account European political and
    geographical balance and the diversity of Member
    States.

44
The discussions in the IGC
  • A consensus reached on the general principle of
    rotation at the Head of the Councils of Ministers
    and of a collective Presidency
  • Hesitation about the details of this system
  • Small states reticent to the idea of the Foreign
    Minister
  • Abolition of the single Legislative Council idea

45
The Provisions of the Treaty
  • Presidency by a group of Member States for the
    various configurations of the Council (except for
    the Foreign Affairs Council, chaired by the
    Minister for Foreign Affairs)
  • A system of equal rotation between the Member
    States
  • A draft decision to be adopted as soon as the
    Constitution enters into force foreseeing a
    system of team presidency three Member States
    for a period of 18 months, allowing each Member
    State to chair all the configurations for a
    period of six months, with the assistance of the
    two other Member States and on the basis of a
    common programme
  • A post of Minister of Foreign Affairs introduced

46
Article 24 Qualified majority
  • When the European Council or the Council of
    Ministers takes decisions by qualified majority,
    such a majority shall consist of the majority of
    Member States, representing at least three fifths
    of the population of the Union.
  • When the Constitution does not require the
    European Council or the Council of Ministers to
    act on the basis of a proposal of the Commission,
    or when the European Council or the Council of
    Ministers is not acting on the initiative of the
    Union Minister for Foreign Affairs, the required
    qualified majority shall consist of two thirds of
    the Member States, representing at least three
    fifths of the population of the Union.
  • The provisions of paragraphs 1 and 2 shall take
    effect on 1 November 2009, after the European
    Parliament elections have taken place, according
    to the provisions of Article 19.

47
Article 24 Qualified majority
  • Where the Constitution provides in Part III for
    European laws and framework laws to be adopted by
    the Council of Ministers according to a special
    legislative procedure, the European Council can
    adopt, on its own initiative and by unanimity,
    after a period of consideration of at least six
    months, a decision allowing for the adoption of
    such European laws or framework laws according to
    the ordinary legislative procedure.
  • The European Council shall act after consulting
    the European Parliament and informing the
    national Parliaments.
  • Where the Constitution provides in Part III for
    the Council of Ministers to act unanimously in a
    given area, the European Council can adopt, on
    its own initiative and by unanimity, a European
    decision allowing the Council of Ministers to act
    by qualified majority in that area.
  • Any initiative taken by the European Council
    under this subparagraph shall be sent to national
    Parliaments no less than four months before any
    decision is taken on it.
  • Within the European Council, its President and
    the President of the Commission do not vote.

48
The discussions in the IGC
  • Opposition by Poland and Spain The Italian
    Presidency options
  • preservation of the system laid down by the
    Treaty of Nice
  • establishment of a rendez-vous clause
  • agreement on the principle of the double
    majority, but with modified thresholds
  • preservation of the Convention's proposal.
  • None of these options accepted

49
The discussions in the IGC
  • The Irish Presidency taking over at a point of
    complete disagreement
  • shaping the view that an agreement could be
    reached on the basis of the principle of the
    double majority
  • March Council meeting - principle de facto
    agreed
  • the percentages defining the majority still to be
    set in a way satisfying all delegations.
  • This issue in the focus of deliberations until
    the June European Council
  • Options considered
  • 55/55 or 60/60
  • 55 of the Member States and 65 of the
    population.

50
The Provisions of the Treaty
  • The double majority of Member States and
    populations
  • from 1 November 2009 onwards
  • QMV - 55 of the Member States representing 65
    of the population
  • a blocking minority of at least four Member
    States
  • a formula based on the Ioannina compromise
  • in case a decision is supported by only a narrow
    majority, the Member States in the minority may
    request a continuation of the discussions by
    three quarters of the blocking minority

51
Article 25 The European Commission
  • The European Commission shall promote the general
    European interest and take appropriate
    initiatives to that end. It shall ensure the
    application of the Constitution, and steps taken
    by the Institutions under the Constitution. It
    shall oversee the application of Union law under
    the control of the Court of Justice. It shall
    execute the budget and manage programmes. It
    shall exercise coordinating, executive and
    management functions, as laid down in the
    Constitution.
  • With the exception of the Common Foreign and
    Security Policy, and other cases provided for in
    the Constitution, it shall ensure the Unions
    external representation. It shall initiate the
    Unions annual and multiannual programming with a
    view to achieving interinstitutional agreements.
  • Except where the Constitution provides otherwise,
    Union legislative acts can be adopted only on the
    basis of a Commission proposal. Other acts are
    adopted on the basis of a Commission proposal
    where the Constitution so provides.

52
Article 25 The European Commission
  • The Commission shall consist of a College
    comprising its President, the Union Minister of
    Foreign Affairs/Vice-President, and thirteen
    European Commissioners selected on the basis of a
    system of equal rotation between the Member
    States. This system shall be established by a
    European decision adopted by the European Council
    on the basis of the following principles
  • (a) Member States shall be treated on a strictly
    equal footing as regards determination of the
    sequence of, and the time spent by, their
    nationals as Members of the College
    consequently, the difference between the total
    number of terms of office held by nationals of
    any given pair of Member States may never be more
    than one
  • (b) subject to point (a), each successive College
    shall be so composed as to reflect satisfactorily
    the demographic and geographical range of all the
    Member States of the Union.
  • The Commission President shall appoint
    non-voting Commissioners, chosen according to the
    same criteria as apply for Members of the College
    and coming from all other Member States.
  • These arrangements shall take effect on 1
    November 2009.

53
Article 25 The European Commission
  • In carrying out its responsibilities, the
    Commission shall be completely independent. In
    the discharge of their duties, the European
    Commissioners and Commissioners shall neither
    seek nor take instructions from any government or
    other body.
  • The Commission, as a College, shall be
    responsible to the European Parliament.
  • The Commission President shall be
    responsible to the European Parliament for the
    activities of the Commissioners. Under the
    procedures set out in Article III-243, the
    European Parliament may pass a censure motion on
    the Commission. If such a motion is passed, the
    European Commissioners and Commissioners must all
    resign. The Commission shall continue to handle
    everyday business until a new College is
    nominated.

54
Article 26 The President of the European
Commission
  • Taking into account the elections to the European
    Parliament and after appropriate consultations,
    the European Council, deciding by qualified
    majority, shall put to the European Parliament
    its proposed candidate for the Presidency of the
    Commission. This candidate shall be elected by
    the European Parliament by a majority of its
    members. If this candidate does not receive the
    required majority support, the European Council
    shall within one month propose a new candidate to
    the European Parliament, following the same
    procedure.

55
Article 26 The President of the European
Commission
  • Each Member State determined by the system of
    rotation shall establish a list of three persons,
    in which both genders shall be represented, whom
    it considers qualified to be a European
    Commissioner. By choosing one person from each of
    the proposed lists, the President-elect shall
    select the thirteen European Commissioners for
    their competence, European commitment, and
    guaranteed independence. The President and the
    persons so nominated for membership of the
    College, including the future Union Minister for
    Foreign Affairs, as well as the persons nominated
    as non-voting Commissioners, shall be submitted
    collectively to a vote of approval by the
    European Parliament. The Commissions term of
    office shall be five years.
  • President of the Commission shall
  • lay down guidelines within which the Commission
    is to work
  • decide its internal organization, ensuring that
    it acts consistently, efficiently and on a
    collegiate basis
  • appoint Vice-Presidents from among the members of
    the College.
  • A European Commissioner or Commissioner shall
    resign if the President so requests.

56
The discussions in the IGC
  • two tier system strongly opposed by the small
    countries and the Commission and abandoned by the
    Irish Presidency
  • the system based on the Treaty of Nice informally
    adopted

57
The Provisions of the Treaty
  • the Commission would be made up of one
    Commissioner from each Member State until 2014
  • the Commission will be streamlined and be made up
    of a number of Commissioners corresponding to two
    thirds of the number of Member States on the
    basis of a system of equitable rotation
  • The European Council will be able to change this
    number by a unanimous decision.

58
Article 27 The Union Minister for Foreign Affairs
  • The European Council, acting by qualified
    majority, with the agreement of the President of
    the Commission, shall appoint the Union Minister
    for Foreign Affairs. He or she shall conduct the
    Unions Common Foreign and Security Policy. The
    European Council may end his or her tenure by the
    same procedure.
  • The Union Minister for Foreign Affairs shall
    contribute by his or her proposals to the
    development of the common foreign policy, which
    he or she shall carry out as mandated by the
    Council of Ministers. The same shall apply to the
    common security and defence policy.
  • The Union Minister for Foreign Affairs shall be
    one of the Vice-Presidents of the Commission. He
    or she shall be responsible there for handling
    external relations and for coordinating other
    aspects of the Unions external action. In
    exercising these responsibilities within the
    Commission, and only for these responsibilities,
    the Union Minister for Foreign Affairs shall be
    bound by Commission procedures.

59
The discussions in the IGC
  • Concerns re the hybrid nature and status of
    the Minister for Foreign Affairs figure
  • The provisions of the Treaty
  • no really significant change concerning this post
  • special treatment in case the European
    Parliament adopts a motion of censure against the
    whole Commission

60
The scope of qualified-majority voting and the
bridging clauses
  • The proposals of the Convention
  • Bridging clauses - provision for the Council to
    decide, unanimously, to apply qualified-majority
    voting and/or the ordinary legislative procedure
    (co-decision) in a given area.
  • Extension of QMV to cover twenty more provisions,
    including in the area of Justice and Home
    Affairs, taxation, CFSP

61
The discussions in the IGC
  • Bridging clause
  • Italian presidency proposition
  • the use of a bridging clause not possible if one
    of the national parliaments issues an objection
  • QMV
  • "emergency brake" procedure - possibility of
    suspending a procedure if "the fundamental
    principles of the legal or social security system
    of a Member State" were affected.

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The provisions of theTreaty
  • one national parliament to block the decision of
    the European Council and prevent the move to
    qualified-majority voting and/or the ordinary
    legislative procedure.
  • unanimity kept in the area of taxation, social
    policy, CSFP, the laws setting own resources and
    the multi annual financial frameworks
  • the system of "emergency brakes" - in the area
    of judicial cooperation in criminal matters and
    the coordination of the social security of
    migrant workers

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The IGC October-December
  • 1 July 2003 the Italian Presidency formal
    request to the Council that the IGC be convened
  • Method
  • Held at the level of head of states or
    governments
  • Focal points set
  • Questionnaires on the key issues
  • Legal and linguistic expertise
  • Opinions of the EC / EP / ECB / CoR / ECSC
  • Six ministerial meetings

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Brussels, 12 13, December 2003Intergovernmental
Conference
  • The European Council noted that it was not
    possible for the Intergovernmental Conference to
    reach an overall agreement on a draft
    constitutional treaty at this stage.
  • The Irish Presidency is requested on the basis of
    consultations to make an assessment of the
    prospect for progress and to report to the
    European Council in March.

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A two level EU?Enhanced cooperation?The
initiative of a Franco-German rapprochement?
  • those member states which do indeed agree to
    the proposal of the Convention would have no
    other choice but to move forward together. In
    other words, I am convinced that the failure of
    the IGC would mark the start of all kinds of
    enhanced cooperation. We would inevitably see a
    two-speed Europe emerge, a core Europe, a
    European federation within the EU.
  • Guy Verhofstadt
  • Nothing is agreed until everything is agreed. If
    it happens that the Convention process ran in to
    the ground that would not be the end of the
    world. We would have to get by with the Nice.
  • Jack Straw

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January June 2004 Negotiations the Irish
Presidency
  • Method
  • Informal contacts
  • Focal points
  • Three ministerial meetings

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  • March 25-26 Brussels meeting
  • Heads of governments agreement to Bertie Aherns
    plans to finalize agreement on the draft Treaty
    by mid June
  • January 2004 start of the negotiations on the
    multi-annual financial perspective
  • Germany/Austria/France/Holland/Sweden and the UK
    letter to Romano Prodi
  • Spending to be pegged to 1 percent of the EU GDP
  • March 11 Madrid explosion
  • Victory of the Socialists in the election
  • Zapatero openness to the QMV negotiations

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European Council meeting June, 18, 2004 Heads
of States or Governments agree on the Treaty
establishing a Constitution for Europe
  • CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS
  • The Intergovernmental Conference, meeting at the
    level of the Heads of State or Government,
    reached an agreement on the draft Treaty
    establishing a Constitution for Europe on the
    basis of the texts in documents CIG 81/04 and CIG
    85/04. The final legal editing and harmonization
    of the texts will be carried out with a view to
    the signing of the Treaty before the end of 2004.

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CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS
  • The European Council welcomes the successful
    conclusion of the Intergovernmental Conference.
    The Treaty establishing a Constitution for Europe
    is an historic step forward in the process of
    integration and cooperation in Europe.
  • Based on the work of the Convention, the
    Constitution establishes an efficient, democratic
    and transparent framework for the future
    development of the Union. It completes the
    process which began when the Treaty of Rome
    established the basic framework for European
    integration. Like the Treaty of Rome, it will
    serve for many years as the foundation of a Union
    at the service of its citizens.
  • Legal and linguistic finalization of the text
    follows

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Rome, 29 October, 2004
  • The Treaty establishing a Constitution for
    Europe signed by the 25 member states
  • Brussels Presidency Conclusions November 2004
  • The European Council noted with deep
    satisfaction that the Treaty establishing a
    Constitution for Europe was solemnly signed in
    Rome on 29 2004 on behalf of the Member States.

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Referendums
  • in the 25 Member States in accordance with their
    constitutional rules.
  • The Constitutional Treaty to enter into force on
    1 November 2006, as long as all the Member States
    have ratified by this date.
  • Failing that, the Constitutional Treaty will
    enter into force on the first day of the second
    month following the deposition of the
    ratification instrument of the Member State,
    which is the last to complete this formality

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Procedures planned for the ratification of the
European Constitution
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DECLARATION BY THE HEADS OF STATE OR
GOVERNMENTOF THE MEMBER STATES OF THE EUROPEAN
UNIONON THE RATIFICATION OF THE
TREATYESTABLISHING A CONSTITUTION FOR
EUROPE(European Council, 16 and 17 June 2005)
  • To date, 10 Member States have successfully
    concluded ratification procedures, thereby
    expressing their commitment to the Constitutional
    Treaty.
  • We have noted the outcome of the referendums in
    France and the Netherlands. We consider that
    these results do not call into question citizens
    attachment to the construction of Europe.
    Citizens have nevertheless expressed concerns and
    worries which need to be taken into account.
    Hence the need for us to reflect together on this
    situation.

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  • This period of reflection will be used to enable
    a broad debate to take place in each of our
    countries, involving citizens, civil society,
    social partners, national parliaments and
    political parties.
  • This debate, designed to generate interest, which
    is already under way in many Member States, must
    be intensified and broadened. The European
    institutions will also have to make their
    contribution, with the Commission playing a
    special role in this regard.

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  • The recent developments do not call into question
    the validity of continuing with the ratification
    processes.
  • We are agreed that the timetable for the
    ratification in different Member States will be
    altered if necessary in response to these
    developments and according to the circumstances
    in these Member States.
  • We have agreed to come back to this matter in the
    first half of 2006 to make an overall assessment
    of the national debates and agree on how to
    proceed.

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Seminar 7 The Constitutional Treaty of the EU
  • The roles of the national interests, coalitions
    and the Presidency influences.
  • The Convention work outcome (Giscard dEstang
    oral report presented to the EC in Thessaloniki)
  • Spanish and Polish bargaining positions.
  • The UK bargaining position, the German bargaining
    position, the French bargaining position.
  • The Italian presidency failure?
  • The Irish Presidency break through?
  • Essays and presentations. Discussion.

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  • Thank you!
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