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Europe Daily Bulletin No. 8482
THE DAY IN POLITICS / (eu) eu/convention

Chairman Valéry Giscard d'Estaing says the text he will submit in Thessalonika is "imperfect but unexpected" and recommends heads of state and government keep quite close to it

Brussels, 13/06/2003 (Agence Europe) - The draft Constitutional Treaty presented to Convention Members on Friday morning by the European Convention Praesidium was given a "virtuously unanimous welcome", Chairman Valéry Giscard d'Estaing told journalists on 13 June, after almost 16 months of work that various participants described as demonstrating that the EU15 and its future Member States could work well together. We tried to find the "right way" to move on to a new stage in the European project, said VGE, noting that after the occasionally heated discussions that could have given rise to the danger of ending up with a multiple-choice text or a disagreement, the trend had been reversed last week and a "wave of European understanding" had materialised, thanks in particular to the Convention's parliamentary component - MEPs and MPs despite the latter's lesser experience in European affairs. This made it possible to gradually reach consensus accepted by all or virtually all members, explained VGE, saying the Convention had achieved a possibly "imperfect but unexpected" result and a meaty proposal. He said he would be submitting the draft to the Thessalonika European Council, defending it and recommending it be used as a basis for the IGC and that the heads of state keep quite close to the document since the path taken by the Convention to achieve the draft was "difficult" and "well thought out" and it was probably not worth taking the same road again. Were governments likely to pull it to pieces? I hope not, said VGE: I don't think so? Public opinion would take that as a step backwards and I think it would be a political error. He said the draft now on the table was the "line of greatest agreement". Personally, he said, I would have preferred the European Union to get itself organised quite quickly and take form earlier (than 2009, Ed), adding the caveat that the Convention had not been convened to "impose" its views.

Asked about the little and large countries issue, VGE smiled and said that everybody got on well now and they wouldn't be reopening that debate, stressing that the draft Constitution foresaw rules on QMV at the Council "protecting small countries" since the number of Member States required to constitute a majority in order for a decision to be taken was "made up of small countries" but also took account of weight of population (60%). The European Commission would have "fewer Commissioners than it had Member States, much fewer" and would be a "strong Commission, selected according to European criteria", said VGE, expecting the future President of the Commission would "take the map of Europe and remove the borders to see where talented people were to be found".

Asked about the additional plenaries scheduled for July to look at Parts III and IV of the Constitution (EU policies and general and final measures), Chairman Valéry Giscard d'Estaing said that it would basically be a matter, for EU policies, of adapting the existing text in line with the changes made to the institutional section of the Constitution. This would be necessary for Justice and Home Affairs, foreign policy, defence and eurozone economic governance, he explained. The Laeken mandate, he said, does not ask us to change the EU's policies. Parts I and II "will not be rewritten. It is over", he assured reporters, speaking in English.

The issues surrounding the ratification of the treaties are "political problems, which are not within our competence" so they have to be dealt with at the political level, said Valéry Giscard d'Estaing. He ended by saying he would assist the Intergovernmental Conference, if it so desired.

Formal meeting bears witness to board consensus on preliminary draft Constitution, much progress despite a few areas where improvement could be made

Our tortoise mascot has moved on. Slowly but surely it seems to have almost arrived at its goal, said Chairman Valéry Giscard d'Estaing on Friday morning, at the start of a formal meeting bearing witness to the fact that the European Convention has managed to reach the consensus required for the endorsement of the preliminary draft version of the treaty establishing a Constitution of the European Union. As many of you said last night, VGE told Convention Members, everyone will find things they don't like very much but also elements they fought for. He then handed over to Convention Members, starting with representatives of the various components and political groupings.

In a reference to the first Constitution of Sparta and that sent to consult the oracle to find out if the text was suitable but which never came back, Inigo Mendez de Vigo (EPP) informed President Valéry Giscard d'Estaing that in the name of the European Parliament, "We MEPs would like you to go to Thessaloniki to present this draft…but we also want you to come back because there's still a lot of work to do. René van der Linden, the Dutch parliamentarian declared that, "the Convention method had succeeded… we succeeded in obtaining a common position (speaking on behalf of national parliamentarians)…and have made Europe more democratic". He also stated that , "Europe must be a priority for the national Parliaments", who should notable contribute to the use of the bridging clause to allow for a greater extension of qualified majority. the Spanish Minister of Foreign Affairs, Ana de Palacio said that, "Our Europe is united and a union of States and citizens". She did not hide the fact that the Spanish government had a major reservation about the institutional part. Nevertheless, she welcomed the success of the Convention for which the result is an "unprecedented legal success" and "the beginning of the end of 19th century diplomatic la with treaties negotiated behind closed doors. She added that the draft, "is developing the basis for a hierarchy of standards" and was flying the flag of fundamental rights very high. Commissioner Barnier declared that, "We have almost reached our goal although there is still a lot of work to do in the third part". He also thought that most of the objectives had been reached. He did warn that they needed more decisions to be taken by qualified majority, however, before pointing out that during the IGC, government representatives will be tempted to go backwards and that it would be necessary to encourage them to go forward. To create hope, "the IGC needed to be made more European than they had managed", he added. Henning Christophersen (Denmark), speaking on behalf of 28 government representatives declared that "this Convention was an unprecedented success" and that even if there were some disagreements on some of the articles, "the text is an equitable compromise and a very good basis for the IGC". He also asserted that, "We all agreed that the union of the future will be better than the union of the past". The Romanian government representative, Hildegard Puwak, supported the Socialist family in the draft Constitution, asserting that it would allow the Union to be more transparent and democratic, as well as providing a better future for European citizens. The Head of the Christian Democrats, Elmar Brok declared that, "We argued loyally and democratically and we still will in July on the third part but it is necessary to put an end to the battle". He stressed that "we will be able to present a draft that will not contain any option…it will b difficult to question this package in a diplomatic conference. He then underlined the progress achieved (particularly pointing our the union between citizens and States, the character of the Charter, the single legal personality, the taking into account of the social market economy, greater clarity in the sharing of competencies and progress, although insufficient, of qualified majority). He concluded that, "All our dreams have not been achieved, particularly mine, but it is more than we have ever obtained up to now and it's because of this that we have to support it". Alojz Peterle from Slovenia, representing candidate countries at the Presidium, spoke of the success in the follow up to Europe's unification. He underlines that future new Member States felt that they have been treated on an equal footing as the others. "We came on Friday 13 but I don't think it was a black Friday…On the contrary, it's one of Europe's happiest days, he added. Like almost all the Convention Members, Andrew Duff, Head of the Liberals, welcomed the President and Vice Presidents for the broad consensus that they had contributed to forging. The British Liberal Democrat said that it, "enhances the capacity of the Union to act effectively at home and abroad; and that strengthens parliamentary democracy". Mr Duff pointed out that, "the result is not of course perfect. Nobody will leave here triumphant. But what we have is, frankly, the best we could get". He pointed our that parts III and IV could still be further improved in July and added that speaking as a Briton, the country had not spoken with one voice, "It is my belief that the fruits of our work here will one day convince many more of my countrymen and women to shed their obsessive nationalism, to become more trustworthy partners of the European Union and to make our own country a modern, European place". After thanking President Valéry Giscard d'Estaing for having played his "role of midwife", Austrian Green, Johannes Voggenhuber, hoped that Heads of State and Governments would "respect this consensus which had required a lot of effort". He did, however, hope that modifications for strengthening foreign and social policies, reforming Euratom or not to annex it to the constitutional treaty and, revision of the Constitution to majority instead of unanimity, could be achieved. He concluded that he was awaiting the day when he would be able to say "Vive the European Republic!" German PDS MEP, Sylvia-Yvonne Kaufmann, who stressed that her Communist grouping only had two Members at the Convention, both women, recognised that she had been taken in but that "overall, the draft is a genuine cornerstone in Europe's history".

"Today, we have done work of which we can be proud", she added, after welcoming the last minute innovation of introducing the citizenship initiative. Italian Deputy Prime Minister Gianfranco Fini said: "Today, is a really joyful day (…) A day that we have deserved". "It is a compromise but a high quality compromise", he added, saying that the Union will, with this text, become a political actor, one that is more transparent. He also said the democratic deficit has been made up. He nonetheless assured that the Italian government is convinced the spirit of the Convention will not disperse at the IGC. Jens-Peter Bonde, who raised the only discordant voice in this concert of praise, said "this Constitution is transforming the Union into a federation (…) but the powers taken from the national parliaments are not transferred to the European Parliament". He also sees a "European government that the citizens will not be able to elect or dismiss". "It has come a long way, the idea of a Constitution for Europe", noted French Socialist Olivier Duhamel, evoking the federalist movement and the Spinelli report of February 1984. He went on to say: "Our project goes back a long way (…) but we have had to make mutual sacrifices (…). Our Constitution goes a long way. Further than Europe has ever gone since the Treaty of Rome (…) Yes, we have managed a good Constitution. It must be taken to destination (…) Others will want to undo what we have done and we must remain vigilant until it is adopted by the Heads of State and Government". "I shall not hesitate to present this result to my government in a favourable light", Polish Minister Danuta Hubner announced. She added that this is a "good basis for work" for the IGC and that, at the IGC, her government will insist on qualified majority. The French Foreign Minister, Dominique de Villepin also welcomed "the quality of work accomplished", and hoped that, in Thessaloniki, the Heads of State and Government would give their support to this text and that the IGC would "confirm the courageous choices made by our Convention". Speaking of the forthcoming work on the third part, he recalled the importance that France attaches to the trade of cultural services, to services of general interest, and to the social area and agriculture. His German counterpart, Joschka Fischer described not only the Convention but also the results of the Convention as "historic". Welcoming above all the balance struck between small and large countries, the readjustment of the institutional triangle, the creation of the European Minister for Foreign Affairs ("a sizeable contribution that will make the Union a leading entity", he said) and the new responsibilities of the EP, Mr Fischer said he was optimistic for the IGC which "must know that this project carries special weight". "The road covered since Nice is remarkable", affirmed Belgian Foreign Minister Louis Michel, before adding: "Despite its imperfections, this Constitution has produced more than two or three IGCs". "We can be proud and compare ourselves to Philadelphia (…). There are 28 of us, when there were only 13 states that already formed a single nation and which had first of all settled the British problem according to a method that we disapprove of today", French Christian Democrat Alain Lamassoure said, referring to the Philadelphia Convention. Mr Lamassoure invited Chairman Giscard d'Estaing to recommend to the Heads of State and Government that the constitutional treaty be submitted to a referendum that same day in all countries that use this approval method.

"It has been a privilege for me to be your President or Chairman over these sixteen months (…). We have worked hard (…) We have been the first to experiment with an enlarged Europe (…). We have sown the seeds (…) that will in time grow into a real people of Europe, a European demos", Valéry Giscard d'Estaing said in his final speech. He went on to say that "in the beginning, the word for Convention member ("conventionnel") was ignored, the word 'Constitution' rejected. There were three treaties (…). Today, we have just one Constitution (…) Instead of a Europe without paper, a Europe which is not a legal entity and without identity (…), we have a Europe which will give itself a voice in order to be recognised, respected and listened to (…), present and sovereign in the world (…), a Europe with simplified legal instruments (…), a more successful Europe". After having thanked the secretariat and the Praesidium, he added: "In your name, I shall present the result of our joint labour" to the European Council as the "basis for the future Constitution". And to the Heads of State and Government, he said: "I shall make just one recommendation: the closer you remain to our text (…) the less difficult will your task be". The session came to a close to the strains of the European hymn by Beethoven, as Convention Members stood respectfully.

Commission will work to make further progress at IGC

In a note, the Commission welcomes the results of the Convention, while saying that the "desirable level has not yet been reached". It cites points on which it will work at the IGC so that the text may be "improved": - end of unanimity in other areas; - clarification of the role of the institutions and institutional balance (it evokes the problems of the "more permanent president of the European Council" and of the composition of the Commission, which could "weaken the way the institution works", with Commissioners without voting rights, and hence with "unequal status"); - governance in the euro zone (Member States that "share the same currency must be able to decide among themselves according to the Community method", the Commission states, also raising the problem of external representation for the euro zone); - ratification of the treaty: the Commission regrets that the Convention has not proposed a "review clause allowing certain Constitution provisions to be amended" without going through national ratification procedures.

VGE submits latest Praesidium changes to draft Constitution to Convention Members on Thursday evening, including introduction of citizens' initiative

After a nearly four-hour meeting, the Praesidium unveiled the latest changes to the draft Constitution on Thursday afternoon, which Chairman Valéry Giscard d'Estaing then submitted to Convention Members at around 19: 30 hrs. The preamble sentence on "cultural, religious and humanist heritage" was beefed up to stress that the values that arise from this heritage are still anchored in today's European heritage. One measure stipulates that "the European Council has no legislative function", another that the President of the Commission shall be involved in preparing for meetings of the European Council. Member States will chair of Council formations on the basis of "equal" rotation. As wanted by MPs and MEPs, the procedure for designating Commissioners without portfolios is now the same as for European Commissioners. Leaving it to European legislation to work out the detail, "citizens' initiatives" were introduced whereby at least a million citizens could require the Commission to present a proposal. Other changes cover the setting up of a common external action service answering to the European Foreign Minister. An addition to the preamble of the Charter of Fundamental Rights stipulates that the Charter shall be interpreted by European Union and Member States' courts in line with the explanations of the Praesidium of the Convention that had drawn up the Charter in the first place. A statement settles the issue of Romania and Bulgaria being represented at the European Parliament if the two countries join the EU before 2009.

MPs and MEPs who had called for more progress on QMV resign themselves and accept the overall compromise package - Strong reaction to the new measure concerning interpretation of the Charter of Fundamental Rights

German Christian Democrat, Elmar Brok criticised the absence of progress on qualified mahjority and stress that hey should come back to the issue, as well as the modalities for revising the treaty during examination of parts II and IV following he European Council. British Liberal Democrat, Andrew Duff also criticised the absence of progress on qualified majority. "You proposed a bridging clause but this bride does not have an end to it", he stressed, also hoping that they would be able to come back to the modalities on qualified majority and revision after the European Council. Greek parliamentarian, Marietta Giannakou-Koutiskou, thought it strange (Mr Duff said it was mysterious) concerning the sharing of explications by the former Presidium on the subject of the charter. Se also thought progress on qualified majority was insufficient. Green Austrian Johannes Voggenhuber was relieved by the maintaining of the legislative council and the introduction of citizens" initiative.

After the long debate, he pointed our that the Charter on Fundamental Rights, the Convention had decided that the explanations of the Presidium should not serve as an interpretation of the Charter and Mr Voggenhuber mentioned the attack on the integrity of the former Convention. MEP Elena Paciotti (Democtratici Sinistra) indicated the status given to the explanations for the ordinary officials. Commissioner Vitorino, who had redrafted this addition, replied that "in the text of explanations, there was a precision that they did not have any legal worth". He added that "We recognise simply that they constitute an instrument of interpretation. Mentioning qualified majority, Spanish parliamentarian Joseph Borrell said: "We are building a paralytic Europe (…). Citizens would prefer a Europe without power to a Europe which has powers but cannot use them". Dick Roche, representing the Irish government, welcomed these last improvements. Dutch MEP René van der Linden regretted the lack of ambition with regards qualified majority. German Foreign Minister Joschka Fischer considered the "project more balanced, thanks to these amendments". While regretting that the explanations given by officials appear in the text of the Constitution regarding the Charter, Luxembourg MEP Ben Fayot said: "we have to swallow it", because of the fault of one Member State (alluding to the United Kingdom). British Minister Peter Hain said that the Praesidium had found a solution that everyone can accept. Representing the German Bundestag, Jurgen Meyer was delighted that the demands of citizens have been taken into account, saying "with this Constitution, our Union will become more democratic".

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