Brussels, 18/04/2002 (Agence Europe) - On Thursday, after giving its stance on over 300 amendments, the EP Committee on Constitutional Affairs approved by 21 votes to 2 and 5 abstentions the draft report by Alain Lamassoure (UDF, France) on the sharing of powers between the EU and Member States. The Committee largely followed its rapporteur, who would, however, have liked to take things further on one point - that of the role of the regions in European policy. Mr Lamassoure proposed to include in the Treaty the status of Union "partner regions" for some regions but, for others, this was going "far, way too far". The proposal of compromise is therefore to appeal to Member States to make proposals on this subject and the constitutional committee will draft a special report, said Mr Lamassoure, who believed that the problem must be raised mainly with a view to enlargement (new "mini-States" will be represented in all institutions, which is not the case of very populated regions of the current EU).
The report should be discussed during plenary in May (from 14 to 16 May), one week before the Convention session devoted to the delimitation of powers, recalled Mr Lamassoure. He hoped that his report, which is the result of one and a half year's work, will be a "reference document" for the Convention. "I hope the Convention will begin work as, for now, it is just talking", he said, noting that things move forward differently if there are written texts. He specified that his report proposes: (1) The rewriting of articles of the Treaty on powers, without drawing up a rigid list but making a differentiation between: - the power in principle of Member States: "We say it like this, just like this" and "we find this stronger than a list"; - the powers "proper" to the Union (rather than "exclusive" as "there is little place for exclusiveness, at any level"); - and the "shared" powers, the most numerous. (2) of adding to "own powers" of the Union "the definition and conduct of foreign policy". If our proposals are accepted, foreign policy "would become a common as agricultural policy is today", said Lamassoure, while admitting that that would get some people's backs up. (3) retaining a provision comparable to Article 308, which has so far allowed for the transfer of certain tasks to European level, but having it work both ways, as " one has at times to admit that some powers can be returned to Member States", said the rapporteur. This evolutionary clause, allowing for "the unexpected to be dealt with", would be accompanied by a rendez-vous clause in ten years, as this "upheaval" in the distribution of powers was decided by the Fifteen, whereas in ten years we shall be "over thirty, most likely", notes Lamassoure. (4) provide for "a new path of appeal, an emergency procedure for subsidiarity or conflicts of power". Thus, one month following the adoption of the legislative text and before it takes effect, the text in question could be attacked by the Commission, a ("significant") minority in Council or Parliament. The appeal, triggered by a political authority, would be decided upon by the Court of Justice, which would become the "Union's Constitutional Court":