Berlin avoids adding voting issue to EU treaty review list
HONOR MAHONY
14.06.2007 @ 18:17 CET
EUOBSERVER / BRUSSELS - Berlin has identified seven outstanding problems to be discussed at next week's EU leader's summit on a new treaty for the bloc.
In a six-page document sent to member states on Thursday evening (14 June), the German EU presidency says the past months of behind-the-scenes meetings and discussions on the fate of the rejected EU constitution have led it to conclude that "there is a general desire to settle this issue and move on."
Is the EU heading for a "Reform Treaty?" (Photo: ec.europa.eu)
"All member states recognise that further uncertainty about the treaty reform process would jeopardise the Union's ability to deliver," says the document, seen by EUobserver.
But several issues remain open ahead of what is set to be a defining summit for the treaty negotiations beginning on Thursday (21 June).
These are: the question of symbols (such as the flag, hymn and anthem) and whether they should be included and whether it should be explicitly stated that EU law has primacy over national law; "possible terminological changes"; the treatment of the Charter of Fundamental Rights; the "specificity" of the common foreign and security policy; the "delimitation of competences" between the EU and the member states and the role of national parliaments.
Despite numerous requests by Poland however, the voting system remains off the list of topics that require "further discussion."
Different structure, keeping member states' power
The paper outlines three areas in detail – the structure of a future treaty, the balance of power between member states and Brussels and additional elements that could be added to the new document.
The paper notes that the 18 countries that already ratified the treaty are prepared to accept that the new document is no longer called a constitution and that its elements are amended to current treaties – however they consider this a "major concession."
"They insist on the need to preserve the substance of the innovations agreed upon in the 2004 [intergovernmental negotiations] and to ensure as far as possible the readability and simplicity of the new treaty."
The paper also says that there is "concern to underline the respect for the identity of the Member States" and to make the division of power between governments and the EU clearer.
Indicating that there is still dispute over the legal status of the Charter of Fundamental Rights – which outlines the civil, political and social rights – the German paper says that "most" can accept that the charter is taken out of treaty but that it is legally-binding "by means of a cross-reference in the body of the Treaty."
Berlin also believes most delegations are ready to see changes to the treaty to include articles on climate change and energy change so long as it does not mean any more powers for the Union.
It notes that there has been a proposal to give the criteria for enlargement to be given "greater prominence" in any new text.
Reform Treaty instead of constitution
Looking ahead to the summit, it says that EU leaders should agree to a "rapid convening" of intergovernmental negotiations, following a "precise and comprehensive mandate (on structure and content)."
Finally, the presidency also suggests a "return to the classical method of treaty change."
This would mean that member states would be asked to adopt a "Reform Treaty" amending the Maastricht and Rome Treaties rather than the more emotive constitutional treaty for the European Union.
The paper sets the scene for the final week of frenetic discussions in the run-up to the summit. EU foreign ministers will formally discuss the paper on Sunday evening before their political masters come to Brussels next Thursday.
Most diplomats expect the two-day summit to run into Saturday with German chancellor Angela Merkel seen as determined to get an outcome on the treaty issue under her presidency's watch.