Brussels, 29/11/2004 (Agence Europe) - Representatives of civil society, the European social partners and local and regional authorities have all voiced their support for the Constitutional Treaty and undertook to promote it at grass roots level, during the public hearing held in Brussels on 25 November by the EP's Committee on Constitutional Affairs and the European Economic and Social Committee (EESC). The hearing was attended by the former vice-president of the Convention, Jean-Luc Dehaene, and was held with a view to the Committee's vote on 30 November on the Corbett/Mendez de Vigo report on the Constitution, at the plenary in January 2005.
Before the hearing, the Committee of Constitutional Affairs heard from Franz Schausberger, rapporteur for the Committee of the Regions (CoR), and Henri Malosse, EESC rapporteur, who presented the opinions of their assemblies on the Constitutional Treaty (see EUROPE of 10 and 20 November), which were strongly in favour of the Constitution. Franz Schausberger voiced his regrets at the fact that "for the regions with legislative competency, the possibility of recourse to the European Court of Justice was not retained". On this subject, British Liberal MEP Andrew Duff said that "the recognised right of legal persons to turn to the Court may offer the solution", and called upon the regions to "try immediately to exploit this possibility in order to test the Court's reaction". Henri Malosse warned: the awareness campaign on the Constitution "must fight shy of only discussing the container (constitutional and institutional aspects), and not the content (the policies). We must avoid discourse from on high, purely national approaches and the false neutrality of the European institutions". "The CoR and the EESC have spoken out extremely positively to ask for the Union to become a complete political Union", said MEP Panayotis Demetriou (EPP-ED, Greece). "The representatives of the Committee of the Regions have a very important part to play in informing the citizens about the Constitution. If politicians are unable to overcome their political differences, the regions can do it and explain that we are not about to destroy what's good for Europe", he said. Jo Leinen announced that the opinions of the EESC and the CoR would be annexed to that of the European Parliament.
Local and regional authority associations: for a genuine culture of subsidiarity
Speaking on behalf of the Association of European Border Regions (AEBR), the Assembly of European Regions, the Council of European Municipalities and Regions (CEMR), Eurocities and the Conference of the Regional Legislative Assemblies of Europe (CALRE), the first vice-president of CEMR, Heinrich Hoffschulte, stressed that the Constitutional Treaty welcomes the fact that the Constitution reinforces the principle of subsidiarity and redefines it as a global principle which covers all spheres of governance- local, regional and European. "We would also like to stress the importance of the principle of proportionality for local and regional authorities", he said, adding that these authorities "must have the flexibility they need to be able to respond to the citizens' needs, which would not be possible if European legislation is too bulky and detailed". The associations also regret that the promotion of trans-European cooperation was not included in the objectives of the EU, noted MR Hoffschulte. "We must get a strong position in cross-border cooperation (…). We must clarify the added value of regional cooperation in Europe", said the representative of AEBR Lambert van Nistelrooij (EPP-ED, Netherlands). Speaking for CALRE, Ernest Bench i Pascual regretted the fact that the regional legislative assemblies may not take part in the new early-warning system on subsidiarity, "whereby national parliaments can voice any objections they might have to any European legislative initiative". To this, Inigo Mendez de Vigo replied: "There is nothing in the text of the Constitutional Treaty to stop a regional parliament from showing the yellow card", even if it will be up to the national parliament thereafter to submit its observations formally.
European social partners: in favour of the ratification of the Constitutional Treaty
Speaking on behalf of the European employers (Unice), Thérèse de Liedekerke said that "Unice sees the Treaty as a compromise arrived at in a genuinely European spirit, and hopes that the work was not done in vain, because we must not lose the opportunity to sign something positive for all citizens". John Monks, the Secretary General of ETUC (European Trade Unions Confederation), said that ETUC would take part in the campaign for the ratification of the Constitutional Treaty. "Not to ratify would plunge Europe into confusion, which would hold up all other actions", said John Monks. The deputy Secretary General of CEEP (European Centre of Enterprises with Public Participation), Alain Wolf, said that "the Constitutional Treaty changes the principle of free competition to benefit services of general interest, and socially, marks some progress".
Civil Society generally pleased with new Treaty
The sector-specific platforms representing civil society at the hearing were on the whole pleased with the work done by the Convention which allowed for a draft to be drawn up including most of their expectations with, however, a few less satisfactory aspects. NGOs' stances were essentially as follows (although Youth NGOs did not give an opinion):
Social: Dirk Jarré, Vice-President of the Social Platform, recalled the three points on which NGOs were keen: 1) Fundamental rights: Progress has clearly been made, Mr Jarré said, although he was not "fully satisfied"; 2) Social Model: Commitments have been made for full employment but the impact is limited from the legal point of view. The text is, moreover, very disappointing regarding gender equality and discrimination. Nonetheless, social rights are now on an equal footing with the other rights and "significant progress" has been made toward recognition of participatory democracy; and 3) Role of Civil Society in the ratification campaign: NGOs call for the "role of the civil society to be recognised in debates on ratification and for sufficient support for organising their networks".
Social Economy: Our aim is to guarantee the welfare of citizens and the European social model, Patrick De Bucquois, representative of ESC-CMAF (European Standing Conference on Cooperatives, Mutual Societies, Associations and Foundations), said. Generally speaking, "the unprecedented open process is welcome when it comes to participatory democracy", he added, calling on EP rapporteurs to reserve "just and appropriate treatment" for services of general interest. "I prefer a Treaty without the Bolkestein Directive", he said (Ed.: the directive on services, still at the draft stage).
Gender equality: Mary McPhail, Secretary General of the European Women's Lobby, expresses disappointment at the results compared to her association's "major expectations". She recognises existing provisions will be maintained with regard to discrimination and equal treatment and the advantages arising from inclusion in the Treaty of the Charter of Fundamental Rights. She approves inclusion of a horizontal clause condemning the sexual exploitation of women and children and providing protection against cross-border crime, but regrets, however, the lack of any legal base which in her view could paralyse action. As for ratification of the Treaty by the Member States, the Lobby hopes to undertake a sustained information campaign "so that women will be fully informed".
Environment: Mauro Albrizio, Vice-President of the European Environment Bureau, described as "very positive" the provisions of the Treaty on the environment, public health and sustainable environment. On the other hand, he considers it "unfortunate" that the Treaty should take up the provisions as such existing on agriculture and transport. He also calls on the EP to organise a conference on revision of Euratom (Ed.: request from European Greens).
Development: Giampero Alhadeff, Secretary General of Solidar, is pleased as "we got what we wanted in 2002", namely a single text which is accessible and readable for citizens. Integration into the Treaty of the Charter of Fundamental Rights is "excellent news", he says. Simon Stocker, Eurostat Director, welcomes the fact that the Treaty mentions respect of human rights and the fight against poverty as EU principles.
Arts and Culture: Mary Ann De Vlieg is pleased the Constitution considerably strengthens the cultural chapter and that the preamble explicitly states that European integration is based on culture. Also, the Charter incorporates notions that are important for the cultural sector: creativity, freedom of expression and respect of diversity. Ms De Vlieg also welcomes Article 181 which provides for transition from unanimity to qualified majority for cultural decisions. She also cites Article 382 (importance of artistic and literary creation) and Article 381 (cooperation between the EU and third countries).
Education and Culture: Ellinor Haase, Secretary General of the EAEA (European Association for the Education of Adults), regrets that life long learning is only cited once (Article 17). She welcomes inclusion of the Charter defining the fundamental right to education, but "this must be enlarged", she said.
European citizens and institutions: Henrik Kröner, Secretary General of the European Movement International recalled the campaign for a yes-vote organised by the movement and chaired by José Maria Gil Robles. He said the "Treaty is considerable progress for European integration".
Human Rights: Susie Alegre of Amnesty International felt the Charter of Fundamental Rights suffers from restrictions that show Member States are reluctant to move forward, although she felt it was "welcome innovation". Everything will depend on the determination of Member States to protect these rights - otherwise the impact of the Constitution will be neutral. Claude Brulant, who represented FIACAT (abolition of torture) notes that the fight against torture is cited in the text but that facts are also needed, "otherwise, it is pointless".
Consumption: Ursula Pachl, representing BEUC, admits that the Charter grants a high level of consumer protection but is not pleased with the legal base.
Community of faith and conviction: Georges Liénard (European Humanist Federation) welcomes the fact that "most of our values were evoked" and that the Charter defends the freedom of conscience and religion. Katrin Hatzingger (Churches and Religious Communities) was delighted that the Constitution "is to recognise religious heritage" in its introduction.