Following the general comments about the Convention debates on the first articles from the European Constitution and the reactions these documents have provoked outside the Convention (see this section yesterday and the day before yesterday), I am going to formulate some remarks on two specific aspects.
1. Religious values and Christian roots. The absence of any reference to religion in the draft of Article 2 on "values of the Union" has been to the regret of several Convention Members, as well as to that of the Bishops Conference and the Pope himself. Nonetheless, the explanations provided by the President and Vice President of the Convention don't appear convincing to me. Valéry Giscard d'Estaing has indicated that the values cited in Article 2 (respect for human dignity, freedom, democracy, State of Law, respect for human rights) "can constitute a basis for a sanctions procedure against a Member State and even lead to suspension of their membership of the Union in cases of serious violation. They must therefore have a legal remit that is well outlined" Giuliano Amato explained that religious values were not shared by all Europeans or were not expressed in the same way everywhere and could not figure amongst those considered obligatory and enforced by sanctions. But in his opinion, there does exist other "niches" where a reference to these values and Christian roots in Europe could be inserted, if Convention Members deem it opportune.
The issue is therefore unresolved in both senses and will lead to difficult discussions, given the content of the implications on secularism, the possible reference to a specific religion etc.
2. Culture and the rule of unanimity. Trade policy (which covers all economic aspects of relations with third countries, together with their political implications) has been included in the totality of "exclusive Union competencies", which ought to put paid to an historic anomaly, namely the fact that for the moment certain aspects of trade agreements with third countries is within the shared competence of both Union and Member States. This is the case, according to paragraph 6 of Article 133 of the Treaty of Nice, with cultural services, audio-visual, social and health related issues. Unanimity of Member States is needed for negotiating and concluding agreements involving these categories of services, whereas for other aspects of trade policy, the Council decides by majority. The Draft Presidium Article (Article 12) foresees the suppression of this paragraph cited in the Treaty of Nice.
The French government reacted immediately (see out bulletin of 11 February p 11), in demanding unanimity, not for trade policy as a whole, but for the most sensitive areas in WTO negotiations: cultural diversity, education, and health. I don't believe that this request is justified as the areas in question are within the remit of Member States under the principle of subsidiarity. It is true that a shared competency complicates the negotiations, especially the conclusion of agreements with provisions in the areas that have been mentioned. But it is perhaps possible to establish definitions allocating the Union a specific competency for the provisions on cooperation with third countries that do not impact on national autonomy. President Chirac already underlined his objectives last week, and mentioned the areas where France wants to maintain its cultural policy: " literature policy, support for the cinema, development of sponsorship, incentives for the France's cultural presence in the world". Is France afraid that some Member States do not share, with certain national differences, these objectives? An advisor to the President of the Republic sates that this was not the case, as it is difficult to imagine a European country that does not worry about wanting to defend its culture and identity; the danger is that in international negotiations one or another delegation would give way on culture in order to obtain other advantages.
I think that if the objectives are shared, the appropriate formulas can be defined without creating an element of divergence at the Convention. France is also intending to request UNESCO to promote an international treaty on cultural diversity on which all small countries could draw on to defend itself from hegemonic intentions of different powers.
In other areas, the Convention is expected to tackle the issue of European Parliament participation in the decision-making process, in order to end the anomaly in which trade policy is the only "common European policy" in which the EP does not play a role.
(F.R.)