Critically assess whether the reforms proposed by the draft Constitutional Convention on the Future of Europe will satisfy the objectives of the Laeken Declaration.

ROBERT GORDON UNIVERSITY

ABERDEEN BUSINESS SCHOOL

EUROPEAN UNION LAW

Critically assess whether the reforms proposed by the draft Constitutional Convention on the Future of Europe will satisfy the objectives of the Laeken Declaration

BY CHRISTINE BYRES

WC. 2492

EUROPEAN UNION COURSEWORK

INTRODUCTION

The E.U Leaders adopted the Declaration at their meeting in Laeken. This meeting was necessary in hopes to identify some of the key questions that must be considered during the next stage of treaty reform and institutional reform.

It was in December 2001 that the Laeken Declaration was issued at the end of the Belgian Presidency of the European Union. It set out ambitious tasks for a Convention.

The Laeken Declaration helped to establish proposals for the convention “for the reform of the E.U.”

There are three concerns that the declaration deals with:

“1. Europe at a Crossroads;

2. Challenges and Reforms in a Renewed Union;

3. Convention on the future of Europe.”

1. EUROPE AT A CROSSROADS

For many centuries, the people and the states have engaged in arms and waged war to succeed for command of the European continent. The devastating effect of having two wars and the fact that the Europe’s position was weakening in the world brought an increasing awareness that the only way to make Europe strong and united was to have peace.

In order to drive out every bad thing that had happened in the past, a coal and steel community was started. Agriculture and such like were later added. A single market for goods, persons, services and capital was recognised, and in 1999 a single currency was also added. It was on the 1 January 2002 the euro become reality for millions of European citizens.

In the beginning, the European Union was more of an economic and technical association. Now the European Union has become more known and recognised and is being used more.

The European Union up till now has been triumphant. Over half a century now, Europe has been at peace, which has been a result of reasonable division and joint unity of benefits of economic development. In weaker regions in the Union, the standard of living has improved a great deal.

Fifty years on, the Union still stands at a crossroads, an essential moment in its life.

The Union is about to get bigger, it intends to bring in more than ten new Member States, and this may finally seal the depressing occurrences in the history of Europe. Europe is on its way to becoming one large unit, without mayhem, which has a different move from fifty years ago, when there were just only six countries.

IS EUROPE FACING DEMOCRATIC CHALLENGE?

There is no doubt to anyone that the Citizens support the Union’s wide aims, but what they do not realise is there is a link between the Union’s everyday action and those aims. Within the Union, the European institutions must be made closer to its citizens. They want the European institutions to be straightforward and competent and less stiff and clumsy. Many also feel that particular concerns should be left to the Member States’ and/or the regions’ elected representatives, instead of interference by the Union.

`WHAT IS EUROPE'S ROLE IN THIS TRANSFORMED WORLD?

The European Union’s one boundary is democracy and human rights. The Union is open only to countries that uphold fundamental values such as, respect for minorities, free elections and value the rule of law.

We are living in a universal world. Europe needs to take its responsibilities in the supremacy of globalisation. The purpose of it is to use its power against all bloodshed and fear and that it does not turn a blind eye to the world’s injustices. With this power they basically want to change the path of world affairs as to benefit poor countries not just the rich countries.

SO WHAT DO THE EUROPE'S CITIZENS EXPECT?

The public have frequently called for results in a greater E.U role in security, justice, poverty, employment and other similar actions.

They also want to tackle things together to deal with issues like pollution, food safety and other similar issues. Citizens also want to see Europe more involved in foreign affairs, security and defence, these are basically troubled issues that Europe and the rest of the world face all the time.

The Declaration however then went to dispute that Europe’s citizens are:

“…calling for ...

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SO WHAT DO THE EUROPE'S CITIZENS EXPECT?

The public have frequently called for results in a greater E.U role in security, justice, poverty, employment and other similar actions.

The Declaration however then went to dispute that Europe’s citizens are:

“…calling for a clear, open, effective, democratically controlled Community approach…that provides concrete results in terms of more jobs, better quality of life, less crime, decent education and better health care.”

The Laeken Declaration on the Future of the European Union stated that Citizens:

“…want results in the fields of employment and combating poverty and social exclusion, as well as in the field of economic and social cohesion.”

2. CHALLENGES AND REFORMS IN A RENEWED UNION

The Union needs to become clearer, democratic and more competent. It also has to determine three basic challenges:

1. How to bring young citizens closer to the European institutions;

2. How to organise European political spot the in an every increasing Union;

3. How to expand the Union into a stabilising factor and a model in the new world.

Questions will need to be asked in order to address them.

The most important thing is to shorten and alter the division between the Member States and the Union based on the fact the Union is facing new challenges.

THE UNION’S INSTRUMENTS

The function of the Union is not that important, the actions of the Union and what instruments it should use are more important. Amendments to the Treaty have resulted in an increase of instruments, and directives have increasingly progressed towards a more detailed legislation.

EFFICIENCY, DEMOCRACY AND TRANSPARENCY IN THE UNION

The European Union takes its authority from the democratic values. The European project also develops its power from efficient, democratic and transparent institutions. The national parliaments also have a say towards the authenticity of the European project. The declaration on the future of the Union thought there is a need to examine their role in “European Integration.”

The first question valid for the three institutions is how we can increase the democratic legitimacy and transparency of the present institutions. A second involves the role of national parliaments. The third concerns how we can develop the competence of decision-making and the workings of the institutions in a Union of about 30 member states.

NEAR A CONSTITUTION FOR EUROPEAN CITIZENS?

There are four Treaties in the European Union at present. These Treaties contain the powers, objectives and policy instruments of the Union.

The first concerns where questions arise are to make simpler the active Treaties without changing their content. More Questions arise as to the possible reorganisation of the Treaties.

3. CONVENTION ON THE FUTURE OF EUROPE

It was adopted by consensus by the European Convention on 13 June and 10 July 2003.

This Intergovernmental Conference (IGC) is different from others, it has been led by a Convention which was set up by the 2001 Laeken European Council in references on the key issues arising for the Union’s future development.

The Convention, which met between March 2002 and June 2003, decided to submit its recommendations in the form of a new draft constitutional treaty, replacing and modifying the content of the existing Treaties. The draft treaty comprises of many articles and consists of hundreds of pages.

It will be the mission of the Convention to consider the key issues for the future of the Union’s development and try to identify the different responses.

WHAT DOES IT COMPRISE OFF?

In addition to Mr V. Giscard d'Estaing as Chairman of the Convention and Mr J.L. Dehaene and Mr G. Amato as Vice-Chairmen, the Convention comprised of many others.

The appointed countries will be involved fully in the Convention’s proceedings and are represented in the same way as the current Member States and will be able to take part in the proceedings, which may appear among the Member States.

Alternate members may only be replaced in the Convention if they are not present. The alternative members will be selected in the same way as full members.

The Presidium of the Convention consists of Convention Chairman and Vice-Chairmen and also nine members drawn from the Convention. The convention Secretariat assists the Presidium.

There are many representatives of all the governments holding the Council Presidency during the Convention.

The Court of Justice and of the Court of Auditors presidents may be invited by the Presidium to address the Convention.

THE FUNCTIONS

The Chairman is responsible for drawing conclusions from the public debate and use this to open the Convention's proceedings.

The Council is kept informed of the development of the Convention's proceedings. The Convention Chairman will give an oral progress report at each European Council meeting, which at this time it enables the Heads of State or Government to give their views.

The discussions made in the Conventions and any of its official documents are in public domain.

DURATION OF PROCEEDINGS

On 1 March 2002 the Convention would have held its inaugural meeting, where a Presidium would be appointed. At the meeting it also adopted its rules of procedure. These proceedings would have been completed after a year, which is within the time for the Chairman of the Convention to present its outcome to the European Council.

FORUM

A Forum was opened for organisations representing the civil society so that the debate could involve all citizens. It takes the form of a structured network of organisations, which receive regular inputs on the Convention’s proceedings. Their contributions will serve as participation into the debate. The organisations may be consulted or heard on particular topics in accordance with arrangements that will be established by the Presidium.

FINAL DOCUMENT

The Convention considers various issues. They will draw up a final document that may comprise of different options.

The final document will provide national debates on the future of the Union and a starting point for discussions in the Intergovernmental Conference..

QUESTIONS PUT IN THE LAEKEN DECLARATION

The Convention has identified the responses made by questions put in the Laeken Declaration and proposes:

Measures to increase the efficiency, transparency and democracy of the European Union, by developing the contribution of national Parliaments to the legitimacy of the European design, by simplifying the decision-making processes, and by making the functioning of the European Institutions more transparent and comprehensible;
A merger of the Treaties and the attribution of legal personality to the Union;
A simplification of the Unions instruments of action;
A better division of the Member States and Union competences;
The necessary measures to improve the structure and enhance the role of each of the Union’s three institutions, taking account, in particular, of the consequences of enlargement.

COMPARISON BETWEEN PROPOSALS MADE BY PRESIDIUM OF THE CONVENTION AND THE TASKS DESCRIBED IN THE LAEKEN DECLARATION

If the Laeken Declaration is taken seriously, you will hope to see radical reforms of the European Union. This declaration will hopefully force the Convention to deal with the E.U’s authority predicament.

The only problem with this however is has it been done?

1. LEGISLATION MADE WHERE THE E.U CHOOSES NOT TO

The draft European Union Constitution sets out a long list of policies which are “shared competences”, between the Member States and E.U. The areas include social policy, environment, and a few others.

Today, over half of all national laws originate from Brussels. This is likely to increase with more “shared competences”. This will probably mean that in the future, Member States can only legislate where the E.U chooses not to.

2. THE E.U CHARTER HAS MORE POWER THAN RIGHTS

It is proposed that the E.U Charter of Fundamental Rights shall be legally binding, as a part of the E.U State Constitution.

The E.U and the E.C.J new powers will allow them to juridical intervene in affairs of the Member States and the lives of the people. The E.U Charter is more to do with political power than human rights.

3. A “SUBSIDIARY ALARM BELL”

One of the tasks of the Convention has been to find out how the role of national Parliaments can be strengthened. One idea is to set up an assembly of representatives from national Parliaments. Another idea is to give the national Parliaments the right to ring an “alarm bell” if a law proposed by the Commission has breached the principle of subsidiary.

The proposal is that if one-third of the national Parliaments consider that a particular E.U law proposal goes too far then it violates the notion of subsidiary. The Commission have a number of procedures.

The un-elected Commission still holds the power.

4. A “CATALOGUE OF COMPETENCES”

The Convention rejected early on the idea of a “Catalogue of competences”. This would have defined the E.U institutions and the Member States competences. Since a “catalogue of competences” can serve only to limit them, the Presidium and the federalist majority of the Convention have no interest in defining the E.U competences. Instead there is much talk of the need for “flexibility”.

5. TWO PRESIDENTS?

France and Germany have proposed that the future E.U should have two Presidents, one for the Council and that the Council should have a President elected by the Heads of State, the other for the Commission and that the Commission President should be elected by the European Parliament. In this way they say the E.U should be easier to understand and the world will know who really is running it.

Next a long debate on how to run the Council and Commission. France argued for a strong Council and Germany for a strong Commission, both agreed on a compromise, one President for each. This will inevitably lead the two Presidents to a competition and power struggle. The appointment of two presidents for the E.U is just proof the E.U is no longer a partnership of legal equals.

The Laeken Declaration's call to value the “equality of the Member State” is shown to have been empty.

CONCLUSION

The European Convention on the Future of Europe is about to complete its work. So has the proposals’ come in line with the tasks in the Convention, which it was set up to tackle?

The Short answer at present would probably be no. The objective of the Convention, which was set out in the Laeken Declaration, has not been dealt with in a serious way.

What we can draw from the information aforementioned from the convention is that it has not taken the opportunity to make any fundamental reforms of the European Unions construction, so that it can be closer to its citizens. This may be the beginning of the European Union’s authority crisis, which in turn could lead to further decline in public support and participation in elections in the European Parliament. Which is in my opinion we are already seeing in Britain.

The E.U Convention has failed in its democratic duty. It is in my opinion that referendums should be made to get a proper discussion about the proposed Constitution and its effect on the national democracy of the Member States and also what the future it holds for the E.U.

BIBLIOGRAPHY

WEBSITES

http://www.bonde.com

http://constitutional-convention.net/theconvention/archives/000316.html

http://www.dodonline.co.uk/politics2/bulletin/Stop%20Press/Laekendec.asp

http://european-convention.eu.int/docs/Treaty/cv00850.en03.pdf http://www.euobserver.com/index.phtml?sid=7&aid=10870

http://www.ibeurope.com/Factfile/laekdec.htm

http://www.iiea.com/futeuro/wp_se.pdf

http://www.europa.eu.int/futurum/documents/offtext/doc151201_en.htm

http://www.iiea.com/futeuro/wp_se.pdf

idem

http://www.europa.eu.int/futurum/documents/offtext/doc151201_en.htm

A first in a series of questions concerned itself of how the division of ability can be made clearer.

The second series of questions should aim to be within the new framework and to determine whether there needs to be any re-establishment of competence.

Finally, the last question of how to ensure that a redefined separation of competence does not lead to any expansion of the competence of the Union, or infringement upon the exclusive areas of competence of the Member States

http://www.europa.eu.int/futurum/documents/offtext/doc151201_en.htm

Should the distinction between the Union and the Communities be reviewed?

What of the division into three pillars?

Should a distinction be made between a basic treaty and the other treaty provisions?

Should this distinction involve separating the texts?

Could this lead to a distinction between the amendment and ratification procedures for the basic treaty and for the other treaty provisions?

Can be seen in more detail at http://european-convention.eu.int/docs/Treaty/cv00850.en03.pdf

Fifteen representatives of the Heads of State or Government of the Member States (one from each Member State);

Thirty members of national parliaments (two from each Member State);

Sixteen members of the European Parliament;

Two Commission representatives

The purpose of the Presidium is to lend momentum and provide the Convention with a primary working basis; they may also consult Commission officials and any experts on any technical aspect

Two national parliament representatives;

Two European Parliament representatives and two Commission representatives;

Three representatives of the Economic and Social Committee with 3 representatives of the European social partners;

Six representatives from the Committee of the Regions (to be appointed by the Committee of the Regions from the regions, cities and regions with legislative powers);

The European Ombudsman will be invited to attend as observers

http--european-convention.eu.int-docs-Treaty-cv00850.en03.pdf

these options indicate the degree of support which they received or recommendations if consensus is achieved

the Intergovernmental Conference will take the ultimate decisions

http://european-convention.eu.int/docs/Treaty/cv00850.en03.pdf

http://www.euobserver.com/index.phtml?sid=7&aid=10870

e.g. transport, public health and social and economic structure

The Commission is only obliged to reconsider it, if eight national Parliaments object to the proposal within six weeks. The Commission does not have to change the proposal as a result of the criticism of the national parliamentarians. The Commission can actually re-present the same proposal after a couple of weeks, and then hopefully get it passed.