What is being discussed these days in Brussels will have a strong impact on the future of Europe but the European citizens are not informed and will not be involved in it.
The first principle, that seems to be accepted by all 27 Member States, is that the word and the concept of Constitution will definitely disappear from the text. A new Treaty, named “Reform Treaty”, will be introduced into the existing treaties, which remain in force; the innovations come from the 2004 intergovernmental conference (IGC).
The circulating proposal will generate a complicate treaties box. It says that the Reform Treaty will contain two substantive clauses amending respectively the Treaty on the European Union (TEU) and the Treaty establishing the European Community (TEC). The TEU will keep its present name and the TEC will be called Treaty on the Functioning of the EU.
The TEU and the Treaty on the Functioning of the Union will not have a constitutional character. The term “Constitution” will not be used, the denominations “law” and “framework law” will be abandoned and the Union Minister for Foreign Affairs will change its name.
The national Parliaments will enhance their role: in fact the period given to national parliaments to examine draft legislative texts and to give a reasoned opinion on subsidiarity will be extended from 6 to 8 weeks. And their control mechanism will be reinforced: with one third of the votes allocated to national parliaments the Commission will have to re-examine a draft act.
A voluntary withdrawal from the Union will be possible and the Treaties could be revised to increase or reduce the competences conferred upon the Union.
Regarding the voting system in the Council the introduction of the double majority has been blocked by two delegations asking for a “more” democratic, “more” transparent and “more” efficient Union. They say it can be achieved by digressive proportionality.
As agreed in the 2004 IGC in the article on condition of eligibility and procedure for accession to the Union, the reference to the principles will be replaced by a reference to the Union’s values and the addition of a commitment to promote such values.
The Member States will be the masters of the Treaties: in fact, when a member of the Council considers that a draft legislative act would affect fundamental aspects of its social security system or criminal justice system it may request that the matter be referred to the European Council and the ordinary legislative procedure shall be suspended. The Commission will have to submit a new proposal.
This sort of changes will be discussed in closed door regardless of the work of the European Convention, which involved the Parliaments and the civil society, and the opinion of the European Citizens.
Therefore it is time to change the method. Every time the right of veto is announced by one of the member states this introduces a step back in the European reforms. It is time to le the European people decide by majority and let those states that want to go further in the integration be able to do so.
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