Brussels, 12/09/2002 (Agence Europe) - As foreseen, MEP Andrew Duff, Chair of the Liberal component of the European Convention, presented, on Thursday, "A Model Constitution for a Federal Union of Europe", which, in 19 articles, mainly provides for the abolition of the pillar structure of the current Treaty, whereas security and defence would remain under Council control (Article 12). Furthermore, two protocols would be annexed, one on the Charter of Fundamental Rights and the other on a mutual defence guarantee (after the fashion of that in Article 5 of the WEU), which would enter into force after having been signed by three quarters of the Member States, and which does not therefore have to be accepted by all the members of the Union. According to Mr Duff, the concise Constitution would be supplemented by one subsidiary treaty, which would include the detailed chapters on policy.
The main innovations of this constitutional text include provisions whereby: - it may extend to any democratic state not being a member state of the Union, becoming an associate member of the Union (Article 2); - the Member States may withdraw from the Union (Article 2 and Article 18, whereby such "secession" is possible if it is either supported by the Council deciding by three quarter majority and by two-thirds of the votes in Parliament, and then ratified by all Member States, or accepted by referendum by Parliament and Council); - the President of the Commission is elected by a Congress formed of the European Parliament and of an equal number of representatives of national parliaments (Article 9); - the Commission is comprised of its president, its vice-president responsible for foreign policy, security and defence, and thirteen members, and the Council may decide by a two-third majority of its delegates on impeachment of the President at the initiative of the Council or Parliament (Article 13); - the European Parliament is dissolved in the event of impeachment of the Commission (Article 10); - constitutional amendments are proposed by a Convention (Article 18); - the Constitution enters into force if, after having been submitted to the European Council for ratification, it is supported either by the Parliament (with two-third majority of its members) and a referendum of the Union citizens, or by all the Union Member States according to their own constitutional rules, after assent from the European Parliament acting by an absolute majority of its members (Article 19).
Presenting his project to the press, Mr Duff stressed that it is a personal contribution although he had discussed it with European Liberals. He felt it important for the political groups and parties to resist the temptation of proposing their own proposals of texts too soon so that positions do not become set. Stressing that he wished to propose a clear and concise text, he insisted on the principal fresh points and mainly cited: (1) inclusion of overall objectives for the protection of the environment, economic and social progress as well as security and defence; (2) the definition of a legislative body composed of the Council and European Parliament; (3) exclusive initiative of the European Commission (except for security and defence which is covered by Council); (4) the introduction of possibly levying taxes; (5) and the election of 70 MEPs from a European list and another 630 on the basis of regional constituencies. In response to a question on the composition of the Commission, Mr Duff explained that the Commission must be smaller to be stronger and more effective. It must not become a sort of second Coreper, he added, before affirming that his project is the fruit of years of study and reflection and not the result of a summer weekend's work. He said he would be pleased to know what Chairman Giscard thinks of it (his answer came the same day at the opening of the plenary session, when Mr VGE recommended that the Convention Members should read this "very remarkable" draft constitution). In answer to questions on the mechanism that he is proposing to allow a Member State to withdraw from the Union, Mr Duff explained to the journalist who asked him why a simple national referendum was not enough, that this mechanism is first of all a "safety valve" which has the merit of establishing the possibility for each Member State to negotiate withdrawal. To a journalist who asked whether it were not a way of helping the British to accept a Constitution, Mr Duff replied that his draft proposed establishing a "red blood federation" and that he distanced himself from the lukewarm speeches made by Mr Blair and Mr Straw, whom he wondered were ready to pose the real questions. He added that, personally, he thought that the British are faced with a serious debate, that they will understand this is a serious road for organising Europe and that they will want to be part of it. Saying that the rapid reaction force is an euphemism in order to avoid speaking of a European army force, Mr Duff took a stance in favour of a European army under real democratic control.