A commitment made in Nice

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1 The European Convention on the Future of the Union A commitment made in Nice Information note In December 2000 in Nice, as the European Council was concluding an agreement on a revision of the treaties with a view to adapting them to the enlargement of the Union, the need to push forward the institutional reform set out according to many, too timidly in the 2000 Intergovernmental Conference and to initiate a broader and deeper debate on the future of the Union was realised. The European Council therefore adopted a Declaration on the future of the Union, annexed as Declaration 23 to the Treaty of Nice. Three phases were envisaged: an initial phase of open debate, a second phase, the arrangements for which would be laid down by the Laeken European Council planned for December 2001, and then a new intergovernmental conference planned for 2004 with a view to deciding on the necessary amendments to the treaties. The Nice Declaration identified four main themes to be addressed, amongst others: how to establish and monitor a more precise delimitation of powers between the Union and the Member States, in accordance with the subsidiarity principle; the status of the Charter of Fundamental Rights proclaimed in Nice; how to simplify the Treaties with a view to making them clearer and better understood without changing their meaning; the role of national parliaments in the European institutions. The Laeken Declaration On 15 December 2001, one year after Nice, the European Council, meeting in Laeken, adopted a Declaration on the Future of the European Union which commits the Union to become more democratic, transparent and effective and to pave the way towards a Constitution for European citizens. The European Council decided to convene a Convention, gathering together the main stakeholders, in order to examine the fundamental questions raised by the future development of the Union, and to look for various possible responses to be presented in a document which will serve as a point of departure for the negotiations of the Intergovernmental Conference, which will be making the final decisions.

2 The themes of the Convention The Laeken Declaration posed some sixty questions concerning the following points in particular: Better articulating and defining the powers of the Union. Simplifying the instruments of the Union: distinction between legislative functions and implementation measures? reducing the number of legislative instruments; greater use of framework legislation? etc. More democracy, transparency and effectiveness: Commission (in particular the arrangements for appointing the President and the Commissioners); EP powers and elections, role of the Council, institutional balance and the role of the national parliaments; the effectiveness of the decision-making process and the operation of the institutions. Towards a European Constitution: simplifying the treaties as they stand (including the distinction between the Union and the Communities and the threepillar structure); splitting of the Treaty into a basic treaty and other provisions? status of the Charter of Fundamental Rights, possibility of the eventual adoption of a constitutional text, etc. Composition of the European Convention The Convention comprises 105 members: The Chairman (Valéry Giscard d'estaing) and two Vice-Chairmen (Giuliano Amato and Jean-Luc Dehaene) 28 representatives of the Heads of State and Government of the fifteen Member States and the thirteen candidate countries 56 national parliamentarians (two from each Member State and candidate country) 16 MEPs 2 Commission representatives (Michel Barnier and António Vitorino). The (thirteen plus twenty-six) representatives of the candidate countries are participating fully in the Convention discussions, but without the power to overturn any consensus reached between the Member States. The members of the Convention can be replaced by substitutes. There are also thirteen observers: 6 representatives of the Committee of the Regions, to be appointed from the regions, cities and regions with legislative powers 3 representatives of the Economic and Social Committee 3 representatives of the European social partners the European Ombudsman.

3 The Praesidium comprises twelve people: the Chairman and the two Vice-Chairmen, the representatives of the governments of the three Member States holding the Presidency of the Council during the Convention (Alfonso Dastis, who replaced Ana Palacio Vallelersundi (Spain), Henning Christophersen (Denmark) and George Papandreou, who replaced George Katiforis (Greece)), two representatives of the national parliaments (John Bruton and Gisela Stuart), two representatives of the European Parliament (Íñigo Méndez de Vigo and Klaus Hänsch) and the two Commission representatives (Michel Barnier and António Vitorino). Alojz Peterle (representing the Slovenian Parliament) is invited to attend the meetings, as no member of the Praesidium comes from a candidate country. The Convention is assisted by a Secretariat. Sir John Kerr is the Secretary-General of the Convention. Timetable The opening meeting of the Convention took place on 28 February The Convention meets in plenary session once or twice per month, for two half-days. The Convention will present the results of its work at the European Council in Thessaloniki on 20 June The working period for the Intergovernmental Conference has not yet been fixed. Declaration 23 of the Treaty of Nice states merely that it will be convened "in 2004". The Chairman presents an oral report on the progress of the work to each European Council. The Convention s recommendations are reached by consensus, without the representatives of the candidate countries being able to prevent it. If different options are put forward, the support received for each of them may be specified. The Convention will draw up a final document which should take the form of a draft single constitutional Treaty, based on the EU and EC Treaties, which will be presented by the Chairman of the Convention to the European Council. This final document will serve as a point of departure for the discussions at the Intergovernmental Conference, which will be making the final decisions. Working methods The Convention meets in plenary session at the European Parliament in Brussels. Any member (or his/her substitute) and any observer may submit a written contribution to the Praesidium. Contributions may be individual or collective. The Secretariat sends these contributions to the members (and their substitutes) and the observers, and they are also accessible on the Convention website. The sessions of the Convention are held in the eleven official languages of the European Union, with simultaneous interpretation. Moreover, at the request of the

4 candidate countries, the members of the Convention from those countries may address the Convention in their own language, with interpretation provided (via an interpreter accompanying the speaker) into a Community language (and then into the other ten languages of the Community by the usual interpreters). The Secretariat distributes a summary report after each session. A verbatim report of the session, in the original languages, can also be found on the Convention Internet site. Working groups (see below) have been created. Working groups The mandate, working arrangements and composition of these groups are laid down by the Praesidium. Each group is chaired by a member of the Praesidium. The Secretariat draws up a summary after each meeting. A first series of groups were created in May 2002: Group I: Monitoring compliance with the subsidiarity principle. Chair: Mr Méndez de Vigo. Group II: Charter of Fundamental Rights. Chair: Mr Vitorino Group III: Explicit recognition of the legal personality of the EU. Chair: Mr Amato. Group IV: Role of the national parliaments in the current structure of the European Union. Chair: Ms Stuart. Group V: "Complementary" competencies. Chair: Mr Christophersen. Group VI: Economic and financial cooperation. Chair: Mr Hänsch. Four groups were then created during the plenary session on 12 September: Group VII: External action. Chair: J.-L. Dehaene. Group VIII: Defence. Chair: Mr Barnier. Group IX: Simplification of procedures and instruments. Chair: G. Amato. Group X: Freedom, security and justice. Chair: J. Bruton. These ten groups all adopted their final reports by the end of 2002 and the results were discussed in the plenary sessions of the Convention. An eleventh working group, on "Social Europe", was created at the beginning of December This group, chaired by Mr Katiforis, presented its report at the plenary session of the Convention on 6 February At the plenary session in January 2003 the Chairman, Mr Giscard d'estaing, announced the creation of a "discussion circle" to reflect on the functioning of the Court of Justice. This working group, chaired by Commissioner Vitorino,

5 and with fewer members than the preceding working groups, met for the first time on 17 February and is due to present a report on 25 March Two new discussion circles have been created: the first, chaired by Mr Christophersen, deals with the budgetary procedure and the second, chaired by Mr Méndez de Vigo, is responsible for discussing own resources. The draft Constitution At the plenary session of 28 and 29 October 2002 the Chairman, Mr Giscard d Estaing, presented a draft framework for a Constitutional Treaty, on the basis of which the Praesidium prepared draft articles. These draft articles are discussed in the plenary in batches. Each plenary session now proceeds as follows: debate on a group of articles on the basis of the draft presented by the Praesidium and the amendment proposals presented by the Convention members, plus oral presentation by the Convention Chairman, Giscard D'Estaing, of the group of articles due to be discussed at the following session. The draft articles and the amendment proposals are all posted on the Convention's official website. The draft Constitution, which incorporates the principle of giving the Union a single legal personality, opening the way to a merger between the Community and Union treaties, is in three parts: The first part contains the provisions which define the Union, its objectives, competences and institutions. This part is set out as follows: Title I: Definition and objectives of the Union (Articles 1 to 4). Title II: Fundamental rights and citizenship of the Union (This Title stipulates, among other things, that the Charter of Fundamental Rights forms an integral part of the Constitution). Title III: The Union's competences (The draft Constitution establishes categories of competence which distinguish between exclusive competences (such as common commercial policy), shared competences (such as agriculture or social policy), the coordination of economic policies, the CFSP and, finally, areas for supporting action (such as education and culture). This Title also makes provision for the inclusion of a flexibility clause on the basis of Article 308 of the existing EC Treaty). These three titles were discussed at the plenary session on 27 and 28 February and at the subsequent sessions on 5 and 26 March Title IV: The Union's institutions (This Title, the terms of which will be discussed in the plenary session on 15 and 16 May, makes provision for the following reforms: the number of Members of the European Parliament will be limited to 700; the European Council will elect the President of the European Council for a term of two and a half years, renewable once. The President, who must be or have been a member of the European Council, will

6 drive forward the work of the Council; the Council may create a board consisting of three of its members chosen according to a system of equitable rotation; the number of Council formations will be reduced and will now consist of the General Affairs Council, the Legislative Council, the Foreign Affairs Council and the Economic and Financial Affairs Council. The Council may decide by consensus that the Presidency of a Council formation could be undertaken by a Member State for a period of a year. This does not apply to the Foreign Affairs Council, which will be chaired by the new Foreign Minister, who will perform the dual role of High Representative for the CFSP and Commissioner responsible for external relations. The Foreign Minister, who will be appointed by the European Council with the agreement of the President of the Commission, will also be Vice-President of the Commission. As regards the Commission, the draft Constitution prepared by the Praesidium reduces its composition to 15 Members: the President, the Foreign Minister and 13 other Members chosen by the President from a list of three candidates from each Member State. Associate Commissioners may also be appointed to the Commission. The draft Constitution redefines the concept of "qualified majority" to mean a majority of Member States, representing at least three fifths of the population of the Union). Title V: Exercise of Union competences (This Title defines the legal instruments of the Union, the principles of the CFSP and of the ESDP and the implementation of the area of freedom, security and justice). These provisions were discussed at the plenary session on 28 February. Title VI: The democratic life of the Union (This Title sets out a number of principles, such as participatory democracy and the transparency of the work of the Union institutions). These provisions were discussed at the plenary session on 24 April Title VII: Union finances (Explanation of budgetary principles). These provisions were discussed at the plenary session on 4 April Title VIII: Union action in the world (This Title lays down provisions on responsibility for the representation of the Union in international relations and defines the role of the Foreign Minister). Title IX: The Union and its immediate environment (Establishment of an area of prosperity and good neighbourliness). This Title was discussed at the plenary session on 25 April. Title X: Union membership (This Title lays down the criteria of eligibility and the procedure for becoming a member of the Union, the procedure for suspending Union membership rights where there is a serious breach of fundamental rights, and the procedure for voluntary withdrawal from the Union). These provisions were discussed at the plenary session on 25 April The second part of the Constitution will relate to the policies and activities of the Union and will reproduce many of the provisions in the current Treaties. A group of experts from the Legal Services of the European Parliament, the Council and

7 the Commission was instructed to prepare the texts of the provisions on which there is already a consensus within the Convention, and of the provisions which will need be deleted subsequent to the work of the Convention or because they have become obsolete. This group submitted its report in mid-march. It has been given the additional mandate of carrying out a number of the proposals it made and which the Praesidium has decided to follow up. Moreover, the provisions relating to the area of freedom, security and justice, which form part of the same Title, and those concerning all the external activities of the Union (CFSP, common commercial policy, cooperation with non- Community countries and humanitarian aid, international agreements and relations with international organisations) have been the subject of articles presented by the Praesidium. The JHA articles were discussed at the plenary session on 2 and 4 April and the articles on the Union's external activities will be discussed on 15 and 16 May. The third part of the draft Constitution contains the final provisions and the provisions on legal continuity in relation to the Community and the European Union. It was discussed at the plenary session on 25 April. All the revised articles in Parts I and III, together with Part II, will be available by the end of May. They will be discussed at two plenary sessions convened by the Convention on 5-6 June and June. The Commission s participation in the work of the Convention On the eve of the Laeken European Council, the Commission adopted a communication on the future of the European Union entitled Renewing the Community Method (Communication of 5 December 2001, COM (2001) 727). Mr Barnier and Mr Vitorino are participating actively in both the plenary sessions of the Convention and the meetings of the working groups. They are members of the Praesidium. On 22 May 2002, the Commission adopted a contribution entitled A Project for the European Union (COM(2002) 247 final). On 5 December 2002, the Commission adopted a communication on the institutional framework to support the European project (COM(2002)728). The Commission has created, in the Secretariat-General, a task force on the future of the Union and institutional questions, responsible for following up the work of the Convention. A network of correspondents in all the DGs has also been set up. In addition, at the request of the President and Commissioners Barnier and Vitorino, a Commission group of experts has prepared a feasibility study ("Penelope draft"). This is a working paper which does not commit the Commission in any way but which has been circulated in the form of a technical contribution to the Convention's work.

8 The Forum on the Future of the European Union The Laeken Declaration provided for the opening of a Forum on the Future of the Union for civil society organisations (social partners, economic groups, NGOs, academics, etc.) in order to further broaden the debate and get the general public involved. Its form is an open network of European and national organisations demonstrating their interest by submitting a contribution to the Convention. These contributions are published in their original language, accompanied by a translated summary. The Convention Secretariat has set up an Internet site for the Forum, for which the Commission provides technical support. The Convention Secretariat is responsible for organising and running the other activities of the Forum, in particular the hearings, in cooperation, where needed, with the Commission and other EU institutions and bodies, ensuring a broad representation of civil society. For more information Write to the Convention via the Council, for the attention of the Convention Secretariat, at 175 rue de la Loi, B-1048 Brussels; fax , anne.walter@consilium.eu.int. See also: The official Convention site: The Forum site: The Futurum public debate site: Author: European Commission Task Force Future of the Union and institutional questions TF-A U-1 "Future of the Union" Date: revised version of

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