Brussels, 07/01/2003 (Agence Europe) - In its contribution addressed to the European Convention at the end of 2002, following a year of reflection, the French section of the European Movement (ME-F), whose president is Anne-Marie Idrac, pointed out that its members have focused on the following points: the need for Europe to be able to express itself with a single voice on foreign and common security policies in multi-lateral institutions and of giving this policy the means to put in place a common defence capability; the need for a common economic policy and the Union being able to raise taxes, the funding from taxes for a system that will gradually become part of its own resources (ME-F believes that this competency ought to be granted to the EP and mentions the Eco-tax, customs and excise and corporation tax); conclusion of a social treaty; creation of a European prosecutor, the definition of a body of procedural rules and criminal infringements, as well as the federalisation of the 3rd Pillar; the refusal to re-nationalise the Common Agricultural Policy, increase in funding for regional policy; creation of a European public company statute; the election of a Union President by the European Parliament and the regionalisation of the way of carrying out European elections, as well as the introduction of a 10% quota of representatives from trans-national lists.
ME-F also welcomes the progress made by the Convention with regard to the Convention paper, whereby there is now no option but to select a single legal personality, merge the current treaties and integrate the fundamental rights of the Charter into the future constitutional treaty. It believes that "all common competencies should be determined by qualified majority voting". It also considers that in its current revision, the draft of Article 13, which foresees that "in some areas, Member States define and implement, within a Union framework, a common policy according to specific methods", is dangerous because its opens the door to questioning the Community Acquis and the disintegration of the Community method. The ME-F considers that the clarification of these competencies is necessary but should not be reduced to a simple question of political control of subsidiarity.
This control should be given to the three institutions (Parliament, Commission and Council). National parliaments are obliged to be associated with this by "beginning every year with a report on the conditions for applying this principle and by giving recommendations, indeed, having the power to provide clearly defined warnings".
Union competencies, exclusive or shared, should be determined according to a "ratione materiae" approach, which is coherent with its ultimate aims and tasks. There will be no opportunity to question the exclusive competencies that result from previous treaties. This approach should also apply to the Union's economic and social policies and the Freedom, Security and Justice area. Decisions regarding foreign and common security policy, as well as the CFSP, should not be exclusively determined by an inter-governmental approach, nor by an approach that is completely Community determined but by a "a harmonious and pragmatic marriage of the two methods". The ME-F believes that future developments should not be interpreted un-objectively but Union leaders should aim whenever possible to use the Community method, including funding, as well as using it every time "the essential interest of the Union is at stake". The ME-F, also proposes that Article 308 is used to transfer competencies to a European level from the national arena (but this will need the agreement of the European Council using qualified majority voting, as well as the absolute majority of the European Parliament). In areas of shared competencies, the Court of Justice can be called on when a third of MEPs or two or more Member States (governments or national parliaments representing 36 votes according to Article 3 of the protocol in the annex of the Treaty of Nice) before the entry into force of a Community legislation.
The ME-F stresses that outlining the content of policies will be needed before the executive functions within the Union are worked out, as well as an examination of the sharing out of competencies between the Union and the Member States. After asserting that the "common policies should not be dismantled but on the contrary, strengthened, while respecting the principle of subsidiarity and within the framework of the Community budget", it highlights:
- Economic and social policies: the ME-F believes that the Community Acquis in the social field should be consolidated, by decisions determined by majority qualified voting at the Council. "The EU must be more active in social affairs, either through legislation and regulation or by agreements and contracts.
The smooth working of the internal market and the correct application of competition rules implies not only tax harmonisation but also the development of common social norms, the ME-F (Mouvement European-France) states.
- Area of freedom, security and justice: The European Movement France proposes to entrust home affairs and justice policy to a Commission vice-president, with an ambitious mandate: drafting of action plans and proposals for the codification of the rules of civil and criminal procedure submitted to the Council and European Parliament, the right to initiate action for failure to act against any Member State that fails in its obligations with regards internal security and justice. In addition to supporting the creation of a European prosecutor, it also takes a stance in favour of any right legally obtained in civilian or criminal matters in any Member State having executive character throughout the Union, through application of the principle of mutual recognition. It considers it is appropriate to strengthen the effectiveness of cooperation between the national police forces in conducting crossborder investigations. In this framework, Europol could be given its own investigative powers, albeit subject to legislative and jurisdictional control.
The ME-F expresses its concern regarding the increasingly strong criticism of the European Commission. It marks its mistrust with regards the proposals that aim not only to make the president of the European council, designated among the former Heads of State or Government for a five-year period, the person truly responsible for the Union's external action, but also to reduce the Commission's right of own initiative in the external sphere as in the internal sphere. It considers that the European Commission, which has demonstrated it has been a formidable catalyst of trust and that it was keen to embody the Union's general interest, has the vocation of being the European executive in areas of exclusive competence while sharing certain attributes with Member States in their capacity as devolved executive powers. Its president must be chosen from within the majority formed according to the results of European elections, the ME-F states, also considering that its composition should maintain the spirit of coalition and that of a college while being structured, as President Prodi proposes, with vice-presidents supervising several Commissioner portfolios. During the examination of a draft legislative act, the College should be able to engage its liability before the Parliament and the European Council and be dismissed by the same. This assumption of liability is the indissociable corollary of the right devolved to Parliament to overturn the Commission in the context of censure motion procedure, the ME-F states.
The Council would comprise two main formations (a Council for external relations and defence and a General Affairs Council) and sector-specific formations. The General Affairs Council would be given a triple function: (1) coordination of the work of the other Council formations and the preparation of the European Councils on Community issues; (2) examination of subsidiarity before the Commission makes any proposal of regulation or proposal of directive; and (3) would be the House of States responsible for voting on texts of a legislative nature, if necessary after opinion has been received from the sectoral formations. The president of the European Council should be designated for a sufficiently long duration, for example, for half of the legislature of the European Parliament, and should play a role in coordinating work. The sectoral formations as well as the Ecofin Council and the Eurogroup may designate their own president. The presidents of the General Affairs Council and of the External Relations-Defence Council could be designated by the European Council at the same time as the Council elects its own president. The ME-F also supports merging the functions and the services of the High Representative for CFSP with those of the External Relations Commissioner. They would be attributed to a Commission vice-president, with special status and monopoly of initiative in all fields of intervention where the Community method is applied. The person would be appointed by the Council in agreement with the European Parliament and would be individually responsible before the Council.
The conclusion of a constitutional treaty is an act to re-found the building of Europe and it is for this reason that it must be subject to ratification through a referendum organised the same day in all EU Member States, the rapporteur for the "Mouvement Européen-France", Patrick Lefas, concluded.