We are sailing through schizophrenia. The people who battled (so well) for 'strengthened cooperation' to be as Community-minded as possible and open to all Member States, sometimes give the impression of failing to understand that only the Constitution, despite its shortfalls, can protect their principles and interests. Rather than concentrating effort on approving it, they are helping to breathe life into the obstacles preventing or holding back its approval.
Defence Europe and Poland. To take the example of 'structured cooperation' over defence, and Poland's attitude. The Polish government and public opinion have played a vital role in improving the Constitution regarding defence. The Convention's draft foresaw the most tangible, operational, part of the European defence policy, known as 'structured cooperation', coming into force automatically at the same time as the Constitution itself; that the list of participating countries be set out in a protocol; and that other countries joining in the future be decided by unanimous vote of participating countries, with non-participating countries not being admitted to debates about structured cooperation. Thanks mainly to vigorous protest from Poland, the draft currently on the table at the IGC foresees that the coming into force of structured cooperation shall depend on a decision of the Council deciding by qualified majority voting; the list of participating countries shall be drawn up when the time comes based on objective criteria; that other countries joining at a later date should be decided upon by participant countries by qmv rather than unanimous voting; and that all EU countries attend the ministerial meetings on structured cooperation (although logically, only participant states have the right to vote).
As we see, the new version is far more Community-minded and has more rights for countries which cannot form part of structured cooperation from the outset. Poland's justified comments and desires have been listened to. If the Constitution is adopted, 'structured cooperation', a pillar of Defence Europe, will see the light of day when the time comes with the rules I have just quoted.
The Nice Treaty bans Defence Europe in effect. And if the Constitution is not adopted? We would be left at the stage of the Nice Treaty, which bans strengthened cooperation for defence. But abandoning Defence Europe is unthinkable, because a number of Member States (including the 'Big Three') see it as vital so that Europe has a foreign policy worthy of the name and can make its voice heard in the world. If there is not unanimity, defence would be constructed on the fringes of the European Union by intergovernmental cooperation. Founder countries would be the only masters of it, would set the rules, select participating countries and use it as they see fit. We already see that not even Belgium, which actually organised the first mini defence summit, is involved in the Big Three's initiatives. Without a Constitution, a two-speed Europe would be born under our very eyes, and all the precautions taken to avert this would become derisory. When will Poland, and Spain, understand that vote weighting for qmv at the Council is a false problem that can probably be settled with a degree of political will?
It is not too late, but… For the moment, it is not too late and doors remain open. I see the speech made by Jacques Chirac in Budapest this week (see our newsletter of 23 February, page 6), as important. He expressed faith in the 25 country Europe, rather than a two-speed Europe. This is important because it comes from one of the Big Three, whose initiatives have caused so much controversy, and from a man who is not known for any great attachment to the Community Method. But he said: 'I detect fear in some quarters of a two-speed Europe. I want to make this clear: France wants to build a Europe of 25 countries' because such a European Union 'would be the natural framework for our common action'. He said the 'pioneering groups' were 'scouts sent ahead to clear certain ground where Europe can be more integrated' (hoping that Hungary would join this movement). He spoke of the Community acquis as a common good to be respected 'under the Commission's control'. The Commission 'must keep its traditional and vital role of guarantor of the general interest'..
With the Nice Treaty but without the Constitution, not only would a two-speed Europe become inevitable, but also the European Commission of one Commissioner per country would disappear once Bulgaria and Romania join. Jacques Chirac spoke encouragingly about the budget perspectives for 2007-2013, saying that France would 'ensure the rulings of the European Union were made in the spirit of solidarity that founded the EU… and which justifies the very existence of Europe'. We must never forget that solidarity is a whole concept in itself and not just a financial instrument. (F.R.)