Is there a danger of slipping towards the intergovernmental method? Make no mistake about it - the debate about preparing for the new EU diplomatic corps that is due to be set up under the Lisbon Treaty is certainly not a bureaucratic issue with pen-pushers deciding how it will operate and what powers it will have. In reality, it is the EU's foreign policy in the future that is being discussed. The working document produced by the Swedish Presidency that was summarised in issue 9999 of our newsletter speaks volumes. Preparatory work is being carried out by member states' permanent representatives to the EU and foreign ministers will discuss it on Monday 26 October 2009. The European Parliament will be debating the issue in its plenary session on Wednesday and the European Commission and the Presidency of the Council will also be intervening in the debate.
When the debate dies down, there are several criteria and procedures that will be used to form the diplomatic corps, namely: a) the Lisbon Treaty has to come into force; b) the multi-hatted high representative (who will also be vice-president of the European Commission and chair of the External Relations Council) has to be appointed; c) the high representative him or herself will then suggest how the new diplomatic corps should operate and be organised; and d) the EP must give its opinion and the European Commission must give its agreement.
Irrespective of the pressures from heads of state, this is not something that can be done and dusted in a matter of days, but the stakes are so high that heads of state are already actively busying themselves with the matter and are planning to reach a broad stroke agreement at their 29 and 30 October meeting. The Lisbon Treaty makes huge changes to EU institutional affairs, revolutionary changes when it comes to foreign affairs, like introducing a new, multi-hatted politician as described above. Some commentators see this as a move in the direction of a political Europe while others see it as the opposite, as a sliding towards an intergovernmental Europe if certain conditions are not met. Deciding on the role of the European foreign office will be vital here.
Allaying fears. Jacques Delors is open about his concerns. If the stable president of the European Council (another new post to be filled) were to take on a truly presidential role (rather than simply facilitating work by acting as a chairperson), then this would be a “return to the intergovernmental method (...). The intergovernmental method has never ensured an inch of progress towards a Europe that is united in its diversity. It even caused the crises that have often paralysed Europe.” The same fear underlies the move of the three Benelux countries in setting out their idea about how the new body should look (see my column in issue 9994). We must also avoid falling into the trap of imagining that an EU foreign policy will be established by means of a simple mechanism and procedure (see my column in issue 9992).
Agreement reached in some areas. The preparation of the document for the summit at the end of the month is trying to allay fears by setting out guidelines that cover all aspects and all the different views as far as possible. It will be a complicated and detailed document, to the extent that one may well wonder what the new high representative would be able to add or adjust when a formal proposal of their own. The following areas seem to have been agreed upon: a) the “European External Action Service” (diplomatic corps) will be separate from the European Commission and the secretariat of the Council of Ministers and will have autonomy over its own budget (meaning that its budget will be approved by the EP and the Council of Ministers using the codecision procedure); b) it will have different geographic and thematic desks, meaning that it will be able to gradually build up its projects and intervention (rather than having to consider taking common EU action in areas where the member states disagree among themselves); c) the diplomatic corps will not be solely the high representative's preserve but will also be the preserve of the presidents of the European Council and the European Commission in order to ensure that joined-up action and positions are taken; and d) consultation procedures will be set up with the European Commission's services, and the latter will retain responsibility for trade, negotiating with countries wishing to join the EU and cooperation aid, and also for other areas with a strong foreign policy component, like energy and transport, in order to ensure that the coherence of EU action is never jeopardised.
If in the evening of 30 October 2009, broad stroke agreement is reached by heads of state on the new EU diplomatic corps, then this will mark a significant breakthrough and the Swedish Presidency will have achieved the outcome it has been relentlessly pursuing with balance and imagination. This will not, however, mean that all the problems have been ironed out, that all complications have been untangled and doubts overcome. I will be returning to this tomorrow. (F.R./transl.fl)