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Europe Daily Bulletin No. 8449
THE DAY IN POLITICS / (eu) eu/convention

Giscard d'Estaing presents articles on institutions, insisting on respect of Community method

Brussels, 24/04/2003 (Agence Europe) - On Thursday, Valéry Giscard d'Estaing, Chairman of the European Convention, presented the draft articles on the EU institutions to Convention Members. He recalled that last week he had attended the informal European Council in Athens, which set the deadline of 20 June for presentation of the preliminary draft treaty. "We must speak about the institutions over the next seven weeks. I have been listening to what you have had to say for over a year now … You are not quite in agreement among yourselves about what you expect of Europe", Mr Giscard d'Estaing noted, saying he hoped the Convention would be able to "build a common framework" despite these differences. He urged for a global draft that would respect the dual nature of a Union of citizens and of State, the institutional triangle and providing for sufficient flexibility. He also insisted on the need to respect three principles: (1) equal rights of citizens and equal rights of Member States; 2) an improved institutional triangle (he spoke of restoring confidence in the system); and 3) respect of the Community method. For citizens, he added, it is not the institutions that worry them but rather the results that they are able to produce.

Mr Giscard d'Estaing then tackled the draft articles stressing that, for the first time, the Praesidium's project presents a single framework, places the Parliament at the fore and takes into account the European Council by making a clear distinction with the Council of Ministers.

  • European Parliament: The Parliament has a legislative function in conjunction with the Council. It elects the Commission President.
  • European Council: Without the Foreign Ministers, it will already be composed of 27 members (with its president and the president of the Commission), Mr Giscard d'Estaing noted, stressing that the European Foreign Minister will take part in its work. Except in cases where the Constitution stipulates otherwise, the European Council takes a stance by consensus.
  • President of the European Council: Mr Giscard d'Estaing said "we have a linguistic problem - in English he is called 'Chairman' and it is in this capacity that he presides and coordinates the meetings of the European Council for which he ensures the preparation and continuity and, at the end of the day, presents a report to Parliament". A "Bureau" would ensure a certain rotation, Mr Giscard d'Estaing said, stressing that "all regions, all municipalities have a Bureau".
  • Council: Mr Giscard d'Estaing stresses the need to reduce the number of Council formations to five: - General Affairs Council responsible for the coordination and preparation, with the Commission, of European Council meetings; - the legislative Council, fulfilling the legislative function with the EP; - General Affairs Council which is to be chaired by the Union Foreign Minister; - Economic and Financial Affairs Council; and the Justice and Security Council. The European Council can decide that the presidency of any Council formation is assured by a Member State for one year, taking into account a balance between States. On the matter of qualified majority, the Praesidium proposes a majority of Member States representing at least a three fifth majority of the Union population.
  • European Commission: Mr Giscard d'Estaing stressed that the text mentions its function as "guarantor of the Union's general interest" and its exclusive right of own initiative. The Commission would be composed of a president and a maximum of fourteen other members. It may be assisted by delegate Commissioners, which do not belong to the College. The European Council presents a candidate and the Parliament elects the candidate by a majority of its members. If he/she is not elected, the Council must present another candidate. Each Member State proposes a list of three persons, including at least one woman, as candidates to the posts of Commissioner. The president chooses the members of the Commission from among these persons. The Commission is only responsible before the EP which can vote a motion of censure.
  • Foreign Affairs Minister: To be appointed by the European Council by qualified majority, in agreement with the President of the Commission. He/she will conduct the Union's Common Foreign and Security Policy and will be Vice-President of the European Commission.

After having reviewed the articles on the Court of Justice, the European Central Bank, the Court of Auditors and the advisory bodies, Mr Giscard d'Estaing rapidly presented the proposed article on the Congress of the Peoples of Europe.

This article, which could appear under the heading of democratic life (Ed.: not institutional life)

specifies that: 1) The Congress of the Peoples of Europe is the body where European political life meets and reflects. It meets at least once a year. Its sittings are in public. The President of the European Parliament convenes and presides these sessions. 2) The Congress does not intervene in the Union's legislative procedure. 3) The President of the European Council reports on the State of the Union. The President of the Commission presents the annual legislative programme. 4) One third of the Congress is composed of members of the European Parliament and two thirds by representatives of national parliaments. The total does not exceed seven hundred. (EUROPE will come back to these draft articles).

Chairman Giscard d'Estaing said these texts must be discussed on 15 and 16 May. He pointed out that the amendments should be ready for 5 May in order for the final layout and translation to be accomplished in time.

CFSP and ESDP: Several forms of flexibility are envisaged, including
on mutual defence commitment

Vice-Chairman Jean-Luc Dehaene then presented draft articles on common foreign and security policy. He stressed that they are faithful to the results of the working groups chaired by himself and by Michel Barnier. After noting that "we are not proposing a miracle cure", he stressed that the future Foreign Minister would have right of own initiative. When he/she takes an initiative, the Commission abstains from taking one. He/she may also propose that the Commission take a joint initiative, which would imply qualified majority vote, he explained, stressing, ,moreover, the creation of a European Armaments Agency and the introduction of several forms of flexibility: (1) operations conducted by a State group; (2) possibility of closer cooperation between States that so wish; (3) the mutual defence commitment. The text also comprises the solidarity clause, proposed by the working group under Mr Barnier, in order to mobilise the aid of all Member States when one of them comes under serious threat (bioterrorism, etc.). This clause may also work in the event of natural disasters, Mr Dehaene added. EUROPE will come back to these draft articles.

First mitigated reactions

Although French Senator Hubert Haenel hastened to welcome such a "balanced and good quality text", several Convention Members expressed reserve. Many, however, especially Ms Maij-Weggen and Mr Spini, stressed that the text is better than that which had been picked up by reporters the day before. German Foreign Minister Joshka Fischer stressed the need to bear in mind the exchange of views held on 16 April in Athens and to reach compromises within the Convention regarding the timetable (he said that it should not be left up to the IGC to find compromises). He added that this text is "a good basis for discussion". Nonetheless, he insisted on the need to strengthen Community institutions, not to leave it up to the European Council alone to propose a candidate to the Commission Presidency, and to set in place a European diplomatic service.

The leader of the EPP at the Convention, Elmar Brok attacked the attitude of the European Council that "decided to press the stop button" without any regard for the MEPs at the Convention and who have a certain sovereignty. He asked whether the capability of the Convention to seriously examine the second part of the treaty and whether it had to respect the deadline imposed by the European Council (see P 9). Valéry Giscard d'Estaing acknowledged that it was "normal for the Convention to give the same attention to the second part" but reckoned that that the Convention was compromised by the 20 June deadline Finnish MEP, Kimmo Kiljunen criticised the fact that the draft appeared to combine presidential administration (US style) with a "politburo", whereas the mission of the Convention was to make the system simpler, more democratic and transparent. Austrian Green, Johannes Voggenhuber sharply criticised President Valéry Giscard d'Estaing believing that he did not listen to his colleagues and worked for "a Europe of nations, chancelleries and directorates", when what we wanted was a "Europe of citizens".

Responding to a proposals from Luxembourg MEP, Ben Fayot, who received support from British Liberal Democrat, Andrew Duff, President Valéry Giscard d'Estaing indicated that the Convention could have an initial debate on the articles on the institutions at the end of the session on Friday.

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