Brussels, 18/10/2006 (Agence Europe) - In the view of Andrew Duff (ADLE, UK), there are many options on the table for the future of the Constitutional Treaty, like dissecting the 2004 draft text, redrafting a shorter version, improving the contents and removing some parts, but these options tend to be over-simplistic. In a brochure published on Wednesday by 'Notre Europe', Duff explains his own ideas about a debate in which 'everyone should now admit that the constitutional treaty will not come into force without being seriously revised'. This trend seems to be materialising, but Duff says two dangers must be avoided, namely re-opening the entire package as some have suggested, which would almost certainly have the effect of leading to a worse outcome; or simply chopping bits out of the text as others have suggested, which would be both impossible from the legal point of view and also highly unlikely politically.
To keep on board the people who supported the draft treaty, the main elements have to be preserved and the consensus must not be sacrificed during renegotiation, explains the former Member of the Convention, who is keen to see the preamble, Part I and Part II set in stone. The Charter of Fundamental Rights and the EU's social dimension should then be given greater emphasis. Part III on common EU policies and how the EU operates in detail would be the main area for renegotiation. The revision of Part III should be facilitated and the general bridging clause should be simplified, argues Duff. The bridging clause would allow the European Council to drop unanimous voting in favour of qualified majority voting and the normal legislative process, but any national parliament would be able to block deployment.
Andrew Duff goes on to identify five policy areas to be revised to respond to citizens' concerns: (a) Economic governance: the eurozone should be given greater autonomy to ensure greater coordination of economic policies, and the Lisbon Agenda objectives should be added to the text. Eurogroup should make full use of the reinforced cooperation opportunities provided in the constitution by officially forming the inner core of the EU in line with the constitution. Institutionalising Eurogroup, although the current Eurogroup chair, Jean-Claude Juncker, is not calling for this (see EUROPE 9285); (b) Social dimension: The architecture of the European social model should be defined and Member States wishing to make further progress should sign a protocol on Social Europe; (c) Environment: The fight against climate change, described as a 21st century imperative, should be taken into account in all common policies (including the Common Agricultural Policy, the Common Fisheries Policy, energy and transport); (d) Enlargement: The Copenhagen Criteria, not currently included in the treaty, should be added, describing the accession process (screening, pre-accession strategy and safety clauses). This option is justified if one considers public opinion, which tends to believe enlargement has got out of control, argues Duff. There should be a new category of 'associate membership' of the EU, either as an intermediate stage before full accession or to avoid full exclusion, a type of safety valve, says Duff. Countries in the process of joining the EU could choose 'associate membership' for a specific time frame, and a Member State which through exceptional circumstances (like rejecting the renegotiated Constitution) ran the risk of preventing the other Member States from moving forward would be able to decide of its own free will to temporarily place itself on the sidelines; (e) Financial Perspectives: A review of the budget and the financial situation (both income and expenditure) could be included in Part III in order to adjust the EU's budget to match its political priorities.
In terms of procedures, Andrew Duff suggests constitutional co-decision, with the text under renegotiation being sent from intergovernmental conferences to the European Parliament and back, with the option of conciliation. Duff says that interactivity of this nature would stimulate agreement among the political parties, Member States and EU institutions and hence boost the likelihood of reaching democratic agreement on an improved constitutional package. The intergovernmental conference would be prepared in 2007 by the German and Portuguese Presidencies, he explains. Andrew Duff's ideas, 'Plan B: How to save the European Constitution' can be accessed at: http://www.notre-europe.eu. (ab)