A constitution
for the European Union was agreed in Brussels on 18 June, 2004.
 |
KEY DEVELOPMENTS
February 2002: Convention starts work
June 2003: Draft submitted to EU summit
May 2004: EU enlarges to 25
June 2004: Text agreed
May 2005: French No vote
June 2005: Dutch No vote
|
The constitution brings together for the first time the many
treaties and agreements on which the EU is based. It defines the
powers of the EU, stating where it can and act and where the member
states retain their right of veto.
It also defines the role of the EU institutions.
Click on the headings below to find out the constitution says,
and what it means:
POWERS OF THE EU
What the constitution says:
The Union is said to be subsidiary to member states and can act
only in those areas where "the objectives of the intended action
cannot be sufficiently achieved by the member states but can
rather... be better achieved at Union level." The principle is
established that the Union derives its powers from the member
states.
What it means:
The idea is to stop the Union from encroaching on the rights of
member states other than in areas where the members have given them
away. Critics say that the EU can act in so many areas that this
clause does not mean much but supporters say it will act as a brake
and is an important constitutional principle.
DIVISION OF RESPONSIBILITIES
What the constitution says:
The EU already has rights to legislate over external trade and
customs policy, the internal market, the monetary policy of
countries in the eurozone, agriculture and fisheries and many areas
of domestic law including the environment and health and safety at
work.
The constitution will extend its rights into some new areas,
perhaps most importantly into justice policy, especially asylum and
immigration. It does away with the old structure of pillars under
which some policies came under the EU and some under
"inter-governmental" arrangements.
What it means:
It means a greater role for the EU in more aspects of life. In
some areas, the EU will have exclusive competence, in others a
shared competence and in yet more, only supporting role.
DECISION MAKING
What the constitution says:
The principle of voting by qualified majority will be generally
applied. It is felt that otherwise getting the agreement of all 25
members would be a recipe for inaction. There will however be a veto
for members in foreign policy, defence and taxation. And there is to
be what's called an "emergency brake" in which a country outvoted on
an issue can take its case to the European Council, though it can
still be outvoted there. The European Parliament will have an equal
say on decisions requiring majority voting.
QUALIFIED MAJORITY VOTING (QMV)
What the constitution says:
"A qualified majority shall be defined as at least 55% of the
members of the Council, comprising at least 15 of them and
representing Member States comprising at least 65% of the population
of the Union."
What it means:
This system replaces the old one under which countries got
specific numbers of votes. There were objections that Spain and
Poland had too many votes and this methods is felt to represent a
fairer balance between large and small countries. The new one will
still lead to complicated permutations of voting but the final
results of the "double majority" should command more general
respect.
An amendment does away with a proposed procedure under which the
European Council could have changed an area of policy to QMV. Now
such a proposal will have to go before national parliaments and if
one objects the measure fails.
PRESIDENT
What the constitution says:
The European Council, that is the heads of state or government of
the member states, "shall elect its President, by qualified
majority, for a term of two and a half years, renewable once." The
candidate will then have to be approved by the European Parliament.
The President will "chair (the Council) and drive its work forward
and ensure, at his level, the external representation of the Union."
What it means:
This is a new post. At the moment, the Council presidency rotates
through the member states every six months, so continuity is lost.
The new President will therefore be a permanent figure with much
greater influence and symbolism. But since he or she will be subject
to the Council, the powers of the post are limited.
FOREIGN MINISTER
What the constitution says:
"The European Council, deciding by qualified majority, with the
agreement of the president of the Commission, shall appoint the
Union Minister of Foreign Affairs... [who] shall conduct the Union's
common foreign and security policy."
What it means:
It sounds grand, but the minister will only be able to speak on
the EU's behalf when there is an agreed or common policy, for
example over the Middle East roadmap which members have accepted.
The post will combine the present roles of the external affairs
member of the Commission with the High Representative on foreign
policy so it will be more prominent, especially in negotiating trade
and aid agreements. The EU is also to set up its diplomatic service
which will strengthen the Minister's hand.
FOREIGN AND DEFENCE POLICY
What the constitution says:
"The Union shall have competence to define and implement a common
foreign and security policy, including the progressive framing of a
common defence policy."
What it means:
It does not mean that a common foreign or defence policy will be
imposed on member states. Each one will retain a right of veto and
can go its own way. There is nothing that could stop divisions over
Iraq for example. The aim however is to agree on as much as
possible. Defence is even more sensitive and has been ring-fenced by
references to the primacy of Nato for relevant members.
REFORM OF THE COMMISSION
What it says:
The Commission, the body which proposes and executes EU laws,
"will consist of one national from each Member State" for its first
term of five years starting in November 2004. After that it will be
slimmed down to "a number of members... corresponding to two thirds
of the number of Member States, unless the European Council, acting
unanimously, decides to alter this figure."
What it means:
As a transitional measure to reduce the fears of small states
that they will be ignored, each member state will have a
Commissioner (only one each) from November. The idea after five
years is to slim down the Commission from 25 to 18 (or one or two
more if there are more member states by then). It is felt that the
current Commission is too big with not enough jobs to go round.
EUROPEAN PARLIAMENT
What the constitution says:
The European Parliament is to have powers of "co-decision" with
the Council of Ministers for those policies requiring a decision by
qualified majority.
What it means:
The European Parliament has over the years acquired real power
and the constitution confirms this. If the parliament does not agree
to a piece of relevant legislation, it will not pass. This idea is
to strengthen democracy because the parliament is the only EU
institution in which voters have a direct say.
CHARTER OF FUNDAMENTAL RIGHTS
What the constitution says:
It sets out "rights, freedoms and principles." These include a
whole list from the right to life and the right to liberty down to
the right to strike.
What it means:
The Charter is wide-ranging but has to be tested in the courts
before its exact status is established. The British government says
that rules for interpreting the Charter mean, for example, that
national laws on industrial relations will not be affected.
LEGAL SUPREMACY
What the constitution says:
The EU will for the first time have a "legal personality" and its
laws will trump those of national parliaments: "The Constitution and
law adopted by the Union institutions in exercising competence
conferred upon it by the Constitution shall have primacy over the
law of the member states."
What it means:
This really just confirms the status quo, which is that if the EU
is allowed to legislate in an area of policy, its law will overtake
any national laws. Equally in areas where it does not legislate,
national law prevails.
By having a "legal personality", the EU will be able, as an
organisation, to enter into international agreements. The old
European Community had this right but the EU as a whole did not so
its status in world diplomacy increases.
LEAVING THE EU
What the constitution says:
A new procedure describes how a member would leave the EU: " A
member state which decides to withdraw shall notify the Council of
its intention... The Union shall negotiate and conclude an agreement
with that state, setting out the arrangements for its withdrawal."
What it means:
It was always the case that a member state could leave by simply
repealing its own legislation. Now there is a formal procedure
designed to show that the EU is a voluntary association. However a
departing member would have to agree terms so there is an implied
threat that it would not be that easy.
This clause is presumably designed never to be used.