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CONVENTION

FROM THE CONVENTION TO THE CONSTITUTION. DECEMBER DECEMBER 2002 2003 2004 2000 2001. CONVENTION. Draft Constitution WORKING BASE FOR THE IGC. DECLARATION

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CONVENTION

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  1. FROM THE CONVENTION TO THE CONSTITUTION DECEMBER DECEMBER 2002 2003 2004 2000 2001 CONVENTION Draft Constitution WORKING BASE FOR THE IGC DECLARATION OF NICE DECLARATION OF LAEKEN IGC FORUM National debates

  2. FROM THE ADOPTION OF THE CONSTITUTION TO ITS ENTRY INTO FORCE 2004 2005 Elections PE BY NATIONAL PARLIAMENT IGC Ratifications by Member States COMING INTO FORCE Signature by Head of States or governments CONSTITUTION 1 MAY EUR 25 BY REFERENDUM New Commission 1/11/04

  3. The results of the Constitution • ONE TREATY • A LEGAL PERSONALITY FOR THE EUROPEAN UNION • GENERALISATION OF THE LEGISLATIVE PROCEDURE • A REDUCED NUMBER OF LEGISLATIVE INSTRUMENTS • CLARIFICATION OF COMPETENCES

  4. THE CHARTER OF FUNDAMENTAL RIGHTS • PUBLIC MEETINGS OF THE COUNCIL/LEGISLATOR • ENHANCED ROLE FOR THE NATIONAL PARLIAMENTS • (Monitoring of the principle of subsidiarity) • TAKING ACCOUNT OF CIVIL SOCIETY

  5. European Union CURRENT TREATY Broad framework of political cooperation WITHOUT legal personality European Community Subset WITH legal personality The EU can: lRepresent Europe, conclude treaties l Take legal action, belong to international organisations CONSTITUTIONAL TREATY European Union LEGAL PERSONALITY TAKING THE PLACE OF EXISTING LEGAL PERSONALITIES The various Treaties currently governing Europe can be merged into a constitutional Treaty

  6. THE EUROPEAN UNION AND DEMOCRACY EUROPEANCOUNCIL COMMISSION EUROPEANPARLIAMENT COUNCILOF MINISTERS GOVERNMENTS ACCOUNTABLE TO EUROPEAN OMBUDSMAN DialogueConsultations Economic andSocial Committee Committeeof the Regions Directelections NATIONALPARLIAMENTS EUROPEAN CITIZENSASSOCIATIONS, CIVIL SOCIETY REGIONS

  7. A BALANCED INSTITUTIONAL SYSTEM EUROPEAN COUNCIL PRESIDENT BROAD GUIDELINES Foreign Affairs Minister Vice-President of the Commission President of Council Foreign Affairs EUROPEAN COMMISSION PRESIDENT COUNCIL PRESIDENT EUROPEAN PARLIAMENT PRESIDENT LEGISLATIVE FUNCTION BUDGETARY FUCNTION

  8. CLARIFICATION OF THE UNION’S POWERS Only the EU may legislate The EU or Member States may legislate • Exclusive competences • Shared competences • Supporting, coordinating and complementary actions • Coordination of economic and employment policies • Common foreign and security policy The EU cannot harmonize

  9. EXCLUSIVE COMPETENCES OF THE UNION • Customs union • The establishing of the competition rules necessary for the functioning • of the internal market • Monetary policy for € Member States • Conservation of marine biological resources • - In the context of the common fisheries policy • Common commercial policy • International agreeement when : • - Is provided for in a legislative act of the Union • - Is necessary to enable the Union to exercise its internal competence • - Insofar as its conclusion may affect common rules or alter their scope

  10. SHARED COMPETENCES OF THE UNION • Area of freedom, security and justice • Common safety concerns in public health matters, for aspect defined in part III • Research, technological development and space • Development cooperation and • humanitarian aid • Internal market • Social policy for aspect defined in part III • Economic, social and territorial cohesion • Agriculture & fisheries • Environment • Consumer protection • Transport • Trans-European networks • Energy

  11. SUPPORTING, COORDINATING AND COMPLEMENTARY ACTIONS • Protection and improvement of human health • Industry • Culture • Tourisme • Education, Vocational training, Youth, Sport • Civil protection • Administrative cooperation

  12. THE EUROPEAN PARLIAMENT Representation of European citizens

  13. Election of the Presidentof the Commission EUROPEAN PARLIAMENT 750 Members maximum 5 YEARS DIRECTLY ELECTED BY UNIVERSAL SUFFRAGE Election of the Presidentof Parliament Vote to approve the Commission Bureau Motion of censure against the Commission LEGISLATIVE FUNCTION SHARED WITH THE COUNCIL BUDGETARY AUTHORITY SHARED WITH THE COUNCIL POLITICAL WATCHDOG ADVISORY FUNCTION

  14. THE EUROPEAN COUNCIL The driving force behind EU policies

  15. PRESIDENT OF THE EUROPEAN COUNCIL HEADS OF STATE OR GOVERNMENT PRESIDENT OF THE COMMISSION MINISTER OF FOREIGN AFFAIRS Takes part in the work EUROPEAN COUNCIL • 1 meeting per quarter PRESIDENT ROLE • The European Council takes • decisions by consensus • Provides the impetus needed to • develop and define the EU’s • broad guidelines and general • political priorities • Has no legislative function The Presidents of the European Council and of the Commission do not take part in the vote

  16. EUROPEAN COUNCIL ELECTION OF THE PRESIDENT OF THE COUNCIL FOR 2.5 YEARS, RENEWABLE ONCE Qualified majority May not hold a national mandate • Representation on CSFP • without prejudice to the • Powers of the Union Minister for • Foreign Affairs • Presents a report to the EP • after each meeting • Preparation and continuityof Council work in cooperation with the President of the Commission, based on the work of the General Affairs Council • Facilitates cohesion and consensus within the Council

  17. THE COUNCIL OF MINISTERS

  18. COUNCIL OF MINISTERS The Council shall meet in public When it deliberates and votes on a draft legislative act. A representative of each Member State for each of its configurations Foreign Affairs Council Configurations of the Council decided by the European Council by a qualified majority Council General Affairs • Ensure consistency in the work • of the different Council • Configurations • Preparse and ensures the follow-up • to meetings of the European Council, • in liaison with the President • of the European Council and the Commission • Chaired by the Union • Foreign Minister • Elaborates the Union's external • action on the basis of • strategic guidelines laid down by • the European Council • Ensures that the Union's action is • consistent.

  19. THE EUROPEAN COMMISSION Safeguards the general European interest

  20. Safeguards the generalEuropean interest External representation of EU Right of initiative Functions • Ensures application • of theConstitution • Proposes legislation except • where the Constitution • provides otherwise • Coordinating • Executive • Management • Except for CFSP and other cases provided for under the Constitution INDEPENDENCE Takes no instructions from governments or other bodies

  21. The internal objectives of the Union

  22. PROGRESS IN THE AREA OF FREEDOM, SECURITY AND JUSTICE Visas, asylum, border checks Judicial cooperation in civil and criminal matters, Police cooperation • Almost general use of the Community method and qualified-majority voting • Specific methods retained for police and judicial cooperation • Unanimity voting retained in certain areas • Member States retain the right to propose legislation, in certain areas, jointly with the Commission

  23. THE 4 FREEDOMS OF THE UNION NON-DISCRIMINATION • FREE MOVEMENT OF PERSONS • NON-DISCRIMINATION • ON GROUNDS OF • NATIONALITY • FREE MOVEMENT OF GOODS • FREE MOVEMENT OF SERVICES • FREE MOVEMENT OF CAPITAL

  24. National citizenship Union citizenship lRight to move and reside freely within the territory of the Member States lRight to vote and to stand in European Parliament elections and in local elections lRight to enjoy, in the territory of a third country where the citizen’s Member State is not represented, protection from any Member State’s diplomatic and consular authorities lRight to petition the EP, to apply to the Union Ombudsman l Right to write to the institutions and advisory bodies of the Union in any of the EU’s languages

  25. The external objectives of the Union Upholding and promoting the EU’s values and interests

  26. Sustainable development of the earth Security Respect for the principles of the UN Charter Peace Respect for international law Solidarity Protection of the rights of the child Mutual respect between peoples Free and fair trade Eradication of poverty Protection of human rights

  27. Role of the Union on the international scene • One Foreign Affairs Minister / Vice-President of the Commission • Decisions taken unanimously, sometimes by qualified majority • Member States can go further if they wish to • Defence • European Armaments, Research and Military Capabilities Agency • Joint disarmament operations • Solidarity : terrorist attack on a Member State, or natural disaster, or disaster having a human origin • Member States can go further if they wish to

  28. How to assess the results of the Constitution ? • Simplification • Democracy • Transparency • Effectiveness • Legitimacy

  29. www.jef-europe.net

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