Brussels, 06/02/2003 (Agence Europe) - On Thursday, President Giscard d'Estaing presented the first articles of the proposed constitutional treaty to the Convention Members. The draft articles developed by the Praesidium draw up a framework allowing for the Union to be strengthened while respecting its diversity and the role of Member States in a number of fields. While bringing a federal dynamic, the first articles still allow a large margin of manoeuvre for the European Convention which could modify or accentuate this logic throughout the drafting of the constitutional project. The Convention Members may submit amendments to these articles until 17 February. (Chairman Giscard d'Estaing had initially proposed 14 February, but agreed to extend the deadline because several Convention Members called for a little more time).
In its draft articles, the Praesidium chose to avoid any religious reference which has given rise to much comment over recent weeks. Paragraph 1 of Article 1 would thus be worded in the following way: Inspired by the will of the peoples and the States of Europe to build their common future, the Constitution establishes a Union (the final denomination has not been specified) within which Member State policies are coordinated, and which manages certain common powers in the federal way. The same article stipulates that the Union is open to all European States that respect the same values. Article 2 mentions the values of the Union: human dignity, freedom, democracy, rule of law, and human rights. The Union aims to be a peaceful society practising tolerance, justice and solidarity, the article states. Article 3 cites among the aims of the Union: - peace; - the wellbeing of its peoples; - sustainable development based on economic growth and social justice; - economic and social cohesion; - equality between men and women; - and solidarity between generations and between States. After a lengthy debate within the Praesidium, the article looks like a catalogue where nothing seems to have been forgotten. It also specifies that, in the framework for the defence of the independence and interests of Europe, the Union must promote its values in the world, and contribute to the sustainable development of the planet, to solidarity and to the mutual respect of the peoples, to eradication of poverty, to the protection of children's rights, etc. Article 4 specifies that the Union is to be considered a legal entity.
Title II evokes fundamental rights and Union citizenship. Article 5 integrates the Charter of Fundamental Rights. A majority of Praesidium members hoped that the full text would be the subject of a protocol to the Constitution but the Convention may also choose to include it in the second part of the Constitution. Paragraph 2 provides for the Union to be able to sign up to the European Convention of Human Rights (ECHR) and paragraph 3 confirms that fundamental rights (ECHR and common constitutional traditions of Member States) are part of Union law as general principles. A new article (6 bis) bans all discrimination based on nationality. Article 7 specifies that all citizens of the Union are equal before the law and sets out their rights.
Title III covers powers. Article 8 describes the principles of attribution, subsidiarity, proportionality and loyal competence that govern such powers. For application of these principles, Article 9 sets out a certain number of rules and above all: (1) the Constitution and the law adopted by the Union institutions in the exercise of powers attributed to them by the Constitution have primacy over Member State law; (2) In the exercise of non-exclusive Union powers, the institutions apply the principle of subsidiarity in compliance with a procedure to be described in a protocol and which will involve national parliaments; (3) the Union respects the national identity of its Member States linked to their fundamental structure and to the essential functions of a State, and above all their political and constitutional structure, including the organisation of public powers at national, regional and local level. Article 10 describes the categories of competence and specifies above all that: - in its field of exclusive competence, only the Union may legislate; - as far as shared powers are concerned, the Member States may exercise their powers only if and in so far as the Union has not exercised its powers; - the Union has power to coordinate the economic policies of Member States; - the Union has competence for the definition and implementation of common foreign and security policy (CFSP), including the progressive definition of common defence policy. Article 11 cites the Union's exclusive competences: - free movement of persons, goods, services and capital; - competition; - customs union; - common trade policy; - monetary policy for States that have adopted the euro; - conservation of biological sea resources in the context of the Common Fisheries Policy; - and international agreements (linked to Union powers). Shared powers (Article 12)
are the following: - internal market; - area of freedom, security and justice; - agriculture ad fisheries; - transport; - tans-European networks; - energy; - social policy; - economic and social cohesion; - environment; - public health; - consumer protection; - research; - development cooperation and humanitarian aid. In contrast to other areas, the European Union's intervention in research and development co-operation does not have as effect of prohibiting Member States from exercising their powers in these two sectors. Articles 13 and 14 describe the co-ordination of economic policies and CFSP. Article 14 imposes the obligation of loyalty and solidarity of Member states in the framework of CFSP and prohibits any action contrary to the Union's interests or that may harm its effectiveness. Article 15 cites those areas where the Union may undertake co-ordination, complementary or support actions without impinging on the legislative or regulatory powers of Member States: - employment; - industry; - education, training and youth; - culture; - sport; protection against natural disasters. Article 16 sets out a flexibility clause (as currently Article 308 allows). If a Union measure is necessary without the Constitution having provided for the powers required to that effect, the Council, ruling through unanimity on a Commission proposal and following the assent of the European Parliament, takes the necessary steps. In the context of the procedure on the control of the principle of subsidiarity, the Commission must attract the attention of national parliaments to all proposals based on that article. The latter may not comprise the harmonisation of legislative and regulatory provisions in cases where the Commission rules out such harmonisation.
Giscard d'Estaing: It's the Convention that draft the Constitution, not the Presidium - "Scepticism" and "melancholia" over current situation of CFSP - According to British Convention members,
draft articles do not reflect outcome of working groups
Presenting these initial draft articles to the plenary, Giscard d'Estaing stressed that the Presidium had wanted to draft "simple, snappy" texts, as the future Constitution must be "comprehensible". "From the very first phrase there is the notion of the Union of the people and the States of Europe so dear to all and which is a special characteristic of our project", he remarked, noting that it thus appeared that "the will of the people lies at the root of the project". As for the articles on values, the Presidium wanted them to be as concise as possible, so that "they can be learnt by heart at school", for example, said VGE, stipulating that Article 2 could be "the basis for taking sanctions against a Member state in case of a breach or serious violation". Article 3 on the Union's objectives ("what's the purpose, or, rather, what will be the purpose of Europe") does not define the objective of each policy, which will only appear in the second part of the treaty, aid VGE, acknowledging that the Presidium had chosen there "possibly surprising expressions", like the allusion to "space and planet earth", but which correspond to what "is of interest to our citizens". Regarding the Charter of Fundamental Rights, VGE said that "it is of no legal importance" that it appears in the constitution itself or in a protocol, as it has been taken for granted that it will be an "integral part of the Constitution".
Referring to the delicate issue of the distribution of powers, VGE let slip, over implementation of CFSP: "it's not the right day to talk of it…". He recognised that "suffice it to read" what is in the current treaty to have a "mixed feeling of scepticism and melancholy". For the flexibility clause that will replace Article 308, he said, we wanted a "more formal procedure", with national parliaments being informed, as this clause must become "democratic, transparent", whereas in the past it was often used "in an cursory manner, without intervention by democratic bodies". "It's not the Presidium that writes the Constitution, it's the Convention, but the Presidium must provide the basis for the work", VGE concluded to great applause by the members of the Convention.
Peter Hain, however, Representative of the British Government, and Lord Tomlinson, of the House of Lords, considered that the articles they had under their eyes did not reflect the outcome of the working groups (on the principles and values, we had no working groups, replied VGE). For Jens-Peter Bonde, member for the EP, the texts are clear, but, according to him, go along the lines of excessive centralisation. Inigo Mendez de Vigo, head of the EP delegation in the Convention, also referred to the "difficult phase" CFSP was crossing: it is going at the pace of your tortoise, he told VGE (whose tribune was in fact decorated with a tortoise), whereas it should be running a the speed of a hare, exclaimed the Spanish MEP. Same regret for Pierre Lequiller, representative of the French National Assembly, who said he had a feeling of "sadness and shame, as European" in the current international situation.
The rendezvous has now been given to discuss amendments to the articles in plenary on 27 and 28 February, amendments submitted by members of the Convention (after examination by the Presidium from 18 February). For the same plenary, VGE announced two new waves of draft articles.