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History and Theory of European Integration

History and Theory of European Integration. Marina V. Larionova. Lecture 12. From Leaken (2001) to Rome (2004). Contents:. The Leaken Presidency conclusions. The Convention method, negotiations over the Draft Constitutional Treaty: institutional reform and the double majority voting.

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History and Theory of European Integration

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  1. History and Theory of European Integration Marina V. Larionova JEAN MONNET European Module

  2. Lecture 12 From Leaken (2001) to Rome (2004) JEAN MONNET European Module

  3. Contents: • The Leaken Presidency conclusions. • The Convention method, negotiations over the Draft Constitutional Treaty: institutional reform and the double majority voting. • Issues and outcomes. JEAN MONNET European Module

  4. Readings for the lecture • The Constitutional Treaty of the EU; • A Collection of Articles from the Economist. From Leaken to Rome. A Reader; • Selected papers and speeches of the EU politicians; • Ларионова М.В. (2003) «Взаимодействие институтов ЕС в процессе разработки и согласования Конституционного договора», аналитический материал для курса; • Ларионова М.В. (2004) «Работа над проектом Договора в рамках межправительственной конференции», аналитический материал для курса. JEAN MONNET European Module

  5. Nice Treaty Provision for deeper and wider debate on the future of the EU JEAN MONNET European Module

  6. Declaration on the Future of the Union • The delimitations of powers / institutional reform • The Charter of the Fundamental Rights status • The role of national parliaments • IGC to be convened in 2004 JEAN MONNET European Module

  7. The Future of the European Union – Laeken DeclarationDecember 2001 EUROPE AT A CROSSROADS “The European Union is a success story. For over half a century now, Europe has been at peace. …the Union forms one of the three most prosperous parts of the world. As a result of mutual solidarity and fair distribution of the benefits of economic development, moreover, the standard of living in the Union's weaker regions has increased enormously and they have made good much of the disadvantage they were at.” JEAN MONNET European Module

  8. EUROPE AT A CROSSROADS “Fifty years on, however, the Union stands at a crossroads, a defining moment in its existence. The unification of Europe is near. The Union is about to expand to bring in more than ten new Member States, predominantly Central and Eastern European, thereby finally closing one of the darkest chapters in European history: the Second World War and the ensuing artificial division of Europe. At long last, Europe is on its way to becoming one big family, without bloodshed, a real transformation clearly calling for a different approach from fifty years ago, when six countries first took the lead.” JEAN MONNET European Module

  9. "A day will come when all the nations of this continent, without losing their distinct qualities or their glorious individuality, will fuse together in a higher unity and form the European brotherhood. A day will come when there will be no other battlefields than those of the mind - open marketplaces for ideas. A day will come when bullets and bombs will be replaced by votes". Victor Hugo JEAN MONNET European Module

  10. Towards a Constitution for European citizens Challenges and reforms in a renewed union JEAN MONNET European Module

  11. “The Union needs to become more democratic, more transparent and more efficient. It also has to resolve three basic challenges: • how to bring citizens, and primarily the young, closer to the European design and the European institutions, • how to organize politics and the European political area in an enlarged Union and • how to develop the Union into a stabilizing factor and a model in the new, multipolar world. JEAN MONNET European Module

  12. In order to address them a number of specific questions need to be put. • A better division and definition of competences in the European Union. • Simplification of the Union's instruments. • More democracy, transparency and efficiency in the European Union. • Transparency and simplification of the Treaties. • Inclusion of the Charter of Fundamental Rights in the basic Treaty.” JEAN MONNET European Module

  13. Convening of a Convention on the future of Europe “In order to pave the way for the next Intergovernmental Conference as broadly and openly as possible, the European Council has decided to convene a Convention composed of the main parties involved in the debate on the future of the Union. In the light of the foregoing, it will be the task of that Convention to consider the key issues arising for the Union's future development and try to identify the various possible responses.” JEAN MONNET European Module

  14. The budget for the Convention 10.5 million euro 2.6 - from the Commission 1.0 - from the EP 0.4 - from the Secretariat of the Council of Ministers 6.4 - in kind from the member states and institutions of the EU JEAN MONNET European Module

  15. Composition broader range of interests than the IGCs The European Council has appointed: • Mr V. Giscard d'Estaing as Chairman of the Convention • Mr G. Amato as Vice-Chairmen • Mr J.L. Dehaene as Vice-Chairmen JEAN MONNET European Module

  16. Second plenary session of the European Convention, 21-22 March 2002 (from left to right) • Mr Jean-Luc Dehaene, Vice-Chairman • Mr Giuliano Amato, Vice-Chairman • Mr Valéry Giscard d'Estaing, Chairman JEAN MONNET European Module

  17. The Convention • 15 representatives of the Heads of State or Government of the Member States (one from each Member State), • 30 members of national parliaments (two from each Member State), • 16 members of the European Parliament • two Commission representatives • one government representative and two national parliament members of the accession countries without power to prevent consensus emerging among the Member States. JEAN MONNET European Module

  18. The Praesidium of the Convention 12+1 • the Convention Chairman and Vice-Chairmen • nine members drawn from the Convention: • the representatives of all the governments holding the Council Presidency during the Convention (Spain, Denmark, Greece), • two national parliament representatives, • two European Parliament representatives, • two Commission representatives. JEAN MONNET European Module

  19. Invited to attend as observers • the Economic and Social Committee • the Committee of the Regions • the European Ombudsman JEAN MONNET European Module

  20. Length of proceedings inaugural meeting on 1 March 2002 to be completed in a year Final document “…provide a starting point for discussions in the Intergovernmental Conference, which will take the ultimate decisions.” JEAN MONNET European Module

  21. How to construe the debate and drafting of a document, which has a notion of a constitutional treaty? • Simplification • Transparency • Enlargement • Democratic deficit • Fundamental human rights • Institutional reform • Supremacy of the EU law and subsidiarity • Distribution of the competencies JEAN MONNET European Module

  22. Working methods 26 Plenary sessions of two half days Public debate Working groups Praesidium meetings (50) and papers (52) • the Chairman drawing conclusions from the public debate • The Praesidium providing the Convention with an initial working basis. • The Praesidium consulting Commission officials and experts • The Praesidium setting up ad hoc working parties. • The Council kept informed of the progress of the Convention's proceedings. The Convention Chairman’s oral progress report at each European Council meeting JEAN MONNET European Module

  23. Working groups • Subsidiarity • Charter of Fundamental Rights • A single legal personality • Role of national parliaments • Complementary competencies • Economic Governance • External Action • Defense • Simplification • Freedom, Security and JusticeSocial Europe JEAN MONNET European Module

  24. Secretariat headed by Sir John Kerr • Set up to support the Paesidium • Non-papers JEAN MONNET European Module

  25. Dialogue with the civil society • Networks • Civil Society Hearing • Youth Convention • Forum contributions (1264) JEAN MONNET European Module

  26. Operating procedures • Explicit objective of drafting a broadly agreed document “consensus does not mean unanimity bur consensus means more than majority”, Valéry Giscard d'Estaing, November 2002 plenary session • Alphabetical seating • Public discussions • No voting procedures • Three phases JEAN MONNET European Module

  27. Three phases • Listening phase February 2002 – June 2002 • Analytical phase June 2002 – November 2002 • First draft of the constitutional structure published on October 28, 2002 • December 2002 - Draft constitutional treaty of the Commission - Penelope - Commissions’ formal contribution • Ulysses - riposte to Penelope • Drafting phase December 2002- spring 2003 • Phased release of articles • Flood of amendments (6000) - First set of 16 articles generating 1187 amendments - Drafts on the institutions and foreign policy – 1500 amendments - Part I presented to the Athens Council meeting JEAN MONNET European Module

  28. July 13, 2003 “Our ship has reached the port” Valéry Giscard d'Estaing, final meeting of the Convention JEAN MONNET European Module

  29. Thessaloniki European Council June, 19/20, 2003 “an edifice and a balance”? JEAN MONNET European Module

  30. Presentation of the “new Constitutional Treaty” by the Chairman of the Convention • Part 1- constitutional part: values/objectives/allocation of competencies/institutions/instruments/financial framework and provisions for membership • Part 2 – Charter of Fundamental rights • Part 3 – Policy provisions • Part 4 – Final provisions JEAN MONNET European Module

  31. Call to ensure that “no disturbance of the balance, by calling its provisions into question, is allowed to jeopardize the solidity of the edifice!” JEAN MONNET European Module

  32. Presidency Conclusions “ the draft constitutional treaty is a good basis for starting in the intergovernmental conference.” JEAN MONNET European Module

  33. Responses Goran Persson Care needed in addressing the changes as “many cards may start falling down” Jacque Chirac “it is necessary to understand that everyone has to make an effort if we want to get a result” Gerhard Schroder “100 per cent happy” French National Assembly and German Bundestag joint September 24 meeting Draft – a coherent and unified document JEAN MONNET European Module

  34. Responses Leszek Miller Adopting a tough negotiating position Tony Blair Non negotiable items: retaining a veto on Foreign and Defense policy, taxation UK government White paper, September 9, 2003 J. Shaw Convention’s work “might have a (surprisingly powerful capacity to lock in the member States and to constrain their freedom of action in the IGC.” JEAN MONNET European Module

  35. Responses EP positive response European Commission’s official response September 17 Opposed to two tiered Commission Greece, Finland and Sweden Opposed to two tiered Commission Irish Foreign Minister “We do not want the text to be dismantled. Nor is it holy writ. Improvement and clarifications are possible…But what is needed is a sense of proportion Poland and Spain Demand for mention of God/ Christianity in the Preamble JEAN MONNET European Module

  36. The Draft main innovations Title IV: The Union’s institutions Chapter I . The institutional framework JEAN MONNET European Module

  37. Article 18: The Union’s Institutions 1. The Union shall be served by a single institutional framework which shall aim to: • advance the objectives of the Union, • promote the values of the Union, • serve the interests of the Union, its citizens and its Member States, • and ensure the consistency, effectiveness and continuity of the policies and actions which it undertakes in pursuit of its objectives. 2. This institutional framework comprises: • The European Parliament, • The European Council, • The Council of Ministers, • The European Commission, • The Court of Justice. 3. Each Institution shall act within the limits of the powers conferred on it in the Constitution, and in conformity with the procedures and conditions set out in it. The Institutions shall practice full mutual cooperation. JEAN MONNET European Module

  38. Article 19: The European Parliament • The European Parliament shall, jointly with the Council of Ministers, enact legislation, and exercise the budgetary function, as well as functions of political control and consultation as laid down in the Constitution. It shall elect the President of the European Commission. The European Parliament shall be elected by direct universal suffrage of European citizens infree and secret ballot for a term of five years. Its members shall not exceed seven hundred and thirty-six in number. Representation of European citizens shall be degressively proportional, with a minimum threshold of four members per Member State. JEAN MONNET European Module

  39. Article 19: The European Parliament Sufficiently in advance of the European Parliamentary elections in 2009, and, as necessary thereafter for further elections, the European Council shall adopt by unanimity, on the basis of a proposal from the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles set out above. 3. The European Parliament shall elect its President and its officers from among its members. JEAN MONNET European Module

  40. The discussions in the IGC Small Member States • advocating a higher minimum threshold than the one proposed by the members of the Convention • An informal agreement in the Naples Foreign ministers’ meeting to raise the minimum threshold of members to five and to increase the number of members above 736 JEAN MONNET European Module

  41. The provisions of the Constitution • IGC increase the maximum number of members to 750 • each Member State entitled to a minimum of six and a maximum of 96 members • the final number of members allocated to each Member State on the basis of degressive proportionality to be decided by the European Council, acting unanimously, before the European elections of 2009. JEAN MONNET European Module

  42. Article 20: The European Council 1. The European Council shall provide the Union with the necessary impetus for its development, and shall define its general political directions and priorities. It does not exercise legislative functions. 2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The Union Minister for Foreign Affairs shall take part in its work. 3. The European Council shall meet quarterly, convened by its President. When the agenda so requires, its members may decide to be assisted by a minister and, in the case of the President of the Commission, a European Commissioner. When the situation so requires, the President shall convene a special meeting of the European Council. 4. Except where the Constitution provides otherwise, decisions of the European Council shall be taken by consensus. JEAN MONNET European Module

  43. Article 21: The European Council Chair 1. The European Council shall elect its President, by qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end his or her mandate according to the same procedure. 2. The President of the European Council: • shall chair it and drive forward its work, • shall ensure its proper preparation and continuity in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council, • shall endeavor to facilitate cohesion and consensus within the European Council, • shall present a report to the European Parliament after each of its meetings. The President of the European Council shall at his or her level and in that capacity ensure the external representation of the Union on issues concerning its Common Foreign and Security Policy, without prejudice to the responsibilities of the Union Minister for Foreign Affairs. 3. The President of the European Council may not hold a national mandate. JEAN MONNET European Module

  44. Article 22: The Council of Ministers • The Council of Ministers shall, jointly with the European Parliament, enact legislation, exercise the budgetary function and carry out policy-making and coordinating functions, as laid down in the Constitution. • The Council of Ministers shall consist of a representative of each Member State at ministerial level for each of its formations. Only this representative may commit the Member State in question and cast its vote. • Except where the Constitution provides otherwise, decisions of the Council of Ministers shall be taken by qualified majority. JEAN MONNET European Module

  45. Article 23: Formations of the Council of Ministers • The Legislative and General Affairs Council shall ensure consistency in the work of the Council of Ministers. • When it acts in its General Affairs function, it shall, in liaison with the Commission, prepare, and ensure follow-up to, meetings of the European Council. • When it acts in its legislative function, the Council of Ministers shall consider and, jointly with the European Parliament, enact European laws and European framework laws, in accordance with the provisions of the Constitution. In this function, each Member State’s representation shall include one or two representatives at ministerial level with relevant expertise, reflecting the business on the agenda of the Council of Ministers. JEAN MONNET European Module

  46. Article 23: Formations of the Council of Ministers 2. The Foreign Affairs Council shall, on the basis of strategic guidelines laid down by the European Council, flesh out the Union’s external policies, and ensure that its actions are consistent. It shall be chaired by the Union Minister for Foreign Affairs. 3. The European Council shall adopt a European decision establishing further formations in which the Council of Ministers may meet. 4. The Presidency of Council of Ministers formations, other than that of Foreign Affairs, shall be held by Member State representatives within the Council of Ministers on the basis of equal rotation for periods of at least a year. The European Council shall adopt a European decision establishing the rules of such rotation, taking into account European political and geographical balance and the diversity of Member States. JEAN MONNET European Module

  47. The discussions in the IGC • A consensus reached on the general principle of rotation at the head of the Councils of Ministers and of a collective presidency • Hesitation about the details of this system • Small states reticent to the idea of the Foreign Minister • Abolition of the single Legislative Council idea JEAN MONNET European Module

  48. The provisions of the Constitution • Presidency by a group of Member States for the various configurations of the Council (except for the Foreign Affairs Council, chaired by the Minister for Foreign Affairs) • A system of equal rotation between the Member States • A draft decision to be adopted as soon as the Constitution enters into force foreseeing a system of team presidency: three Member States for a period of 18 months, allowing each Member State to chair all the configurations for a period of six months, with the assistance of the two other Member States and on the basis of a common programme • A post of Minister if Foreign Affairs introduced JEAN MONNET European Module

  49. Article 24: Qualified majority • When the European Council or the Council of Ministers takes decisions by qualified majority, such a majority shall consist of the majority of Member States, representing at least three fifths of the population of the Union. • When the Constitution does not require the European Council or the Council of Ministers to act on the basis of a proposal of the Commission, or when the European Council or the Council of Ministers is not acting on the initiative of the Union Minister for Foreign Affairs, the required qualified majority shall consist of two thirds of the Member States, representing at least three fifths of the population of the Union. • The provisions of paragraphs 1 and 2 shall take effect on 1 November 2009, after theEuropean Parliament elections have taken place, according to the provisions of Article 19. JEAN MONNET European Module

  50. Article 24: Qualified majority • Where the Constitution provides in Part III for European laws and framework laws to be adopted by the Council of Ministers according to a special legislative procedure, the European Council can adopt, on its own initiative and by unanimity, after a period of consideration of at least six months, a decision allowing for the adoption of such European laws or framework laws according to the ordinary legislative procedure. • The European Council shall act after consulting the European Parliament and informing the national Parliaments. • Where the Constitution provides in Part III for the Council of Ministers to act unanimously in a given area, the European Council can adopt, on its own initiative and by unanimity, a European decision allowing the Council of Ministers to act by qualified majority in that area. • Any initiative taken by the European Council under this subparagraph shall be sent to national Parliaments no less than four months before any decision is taken on it. • Within the European Council, its President and the President of the Commission do not vote. JEAN MONNET European Module

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