Brussels, 16/09/2003 (Agence Europe) - The European Commission will on Wednesday adopt an opinion on the draft Constitutional Treaty ahead of the Intergovernmental Conference (IGC) to open in Rome on 4 October. This opinion, which will be presented to the Press by President Romano Prodi, includes the main concerns already expressed by the Commission since the European Convention's work ended. As expected, the Commission is pleading in favour of observing "overall balances" of the draft Constitution, but it also calls for major changes, in areas such as voting rules in Council (extension of qualified majority), the composition of the Commission and Union policies.
In its Opinion, the Commission is expected to welcome some of the progress: single legal personality, suppression of the pillars, integration of the Charter of Fundamental Rights, rationalisation of legal instruments, checks on respect of subsidiarity and proportionality principles, setting up of European Affairs ministerial post etc.
Although it welcomes "these Convention Acquis" and calling on the IGC not to challenge the "overall balances of the draft Constitution" or re-discuss the issues that the Convention had examined in detail or the subjects on which it had reached consensus, the Commission, nevertheless, points out that "certain aspects of the draft Constitution clearly demonstrate that the "result achieved is incomplete and insufficient". The Commission believes that the "task of the Intergovernmental Conference must therefore be to improve, clarify and finalise the draft Constitution".
Commission seeking limited number of important changes
The Commission's opinion essentially looks at the demands formulated by the Commission President and Commissioners Barnier and Vitorino, who since the end of the Convention's work had explained that the Commission as not happy with the formula chosen for its own composition, the maintaining of unanimity in some sectors and the absence of any revision of the provisions of part III on Union policies.
On the composition of the Commission, the Opinion pointed out that "the equality of all Member States in the composition of the college was a point attained in the Convention" and that it must be possible to find a formula that would not impinge on the legitimacy and efficiency of the Commission.
The Commission believes that "each member of the Commission has to enjoy the same rights and responsibilities" and is proposing a solution in which all Member States have a national representative at the Commission without any first or send class Commissioners.
This formula is based on the structuring of the College into a certain number or groups of Commissioners. The College formed from all Commission members will not be responsible for the most important issues and will therefore only have a limited number of decisions to take. Other decisions will be taken by the groups of Commissions or by other current procedures (accreditation, written procedures).
The "thematic" groups of Commissioners could go up to seven members. Commissioners should not belong to more than three groups. The details of this system will be fixed by the internal regulation of the Commission.
It is the duty of the Commission to clearly warn the Intergovernmental Conference that progress is insufficient to allow the Union to fully achieve its goals, it is written in the passage devoted to extension of qualified majority.
Although it recognises that it "would be unrealistic" to call for a change of any of the provisions that maintain unanimity, the Commission stresses that there are different possibilities for reducing recourse to unanimity.
It envisages the immediate transition to qualified majority for combating discrimination, the right of vote at European elections, association of OCTs, financial cooperation with third countries, and signing up to the European Convention on Human rights. In other cases, it considers that more precise definition of the competence of the Union (passports, town and country planning) or of the scope of qualified majority (it cites some precise aspects of taxation) will make it possible to give up unanimity.
For family law or police cooperation, the Commission proposes foreseeing the transition to qualified majority at a given date. The Commission also insists that the right of veto should be withdrawn when the multiannual financial framework is fixed (financial perspectives). In order to prevent the enlarged Union from being blocked by a national veto it also suggests solutions such as the replacement of unanimity by strengthened qualified majority or a solution that would allow after various arrangements for the opposition of one or two Member States to be overcome. The Commission regrets that the Convention has not changed the current rule of the treaties whereby any revision, even minor, of any provision of primary law requires unanimous agreement from the governments of Member States and then ratification by all Member States. It recalls that the ECSC Treaty provided for a more flexible procedure which was used in 1960. Review procedure foreseen by the draft treaty may, according to the Commission, "lead to total paralysis of the Union" The Commission proposes that the European Council should make changes to Part III of the Constitution (Union policies) by a 5/6 majority of its members, after approval by the European Parliament and a favourable opinion from the Commission. The Commission urges for strengthened coordination of economic policies. It trusts that specifications will be made to the role of the European Council President (including on aspects such as the duty of independence or the ban on exercising another activity). It considers it would be simpler to foresee that each Council formation elect its president for one year from within its own ranks. It considers that the General Affairs Council should not be responsible for all the aspects of the legislative function but for the maintenance of consistency in Council action.
As far as Part III is concerned, the Commission hopes for clarification of certain provisions and mainly insists on revision of the texts concerning the environment, agriculture and fisheries. It also urges for the articles on public health and research to be strengthened.