Thursday

28th Mar 2024

EU faces further hurdles on last treaty lap

  • The EU citizens rights charter may get its own solemn ceremony (Photo: Portuguese EU presidency)

EU weekend talks on a new treaty for the union produced no breakthrough on the controversial topics making it likely that EU leaders will have to lock horns on the issue next month.

Portuguese foreign minister Luis Amado, chairing the talks, said after the meeting that he felt "comforted" that the tight timetable will be met, with several ministers saying the talks revealed no major "surprises."

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But they also did not produce any progress on tough power-sharing problems - particularly with regard to Poland and the UK.

UK foreign minister David Miliband received criticism from some of his counterparts over London's stance on foreign policy – it is refusing to give up any autonomy in this area.

London has asked for reassurances that the European Court of Justice will not rule on foreign policy matters, fearing that the court could, through jurisprudence, strengthen EU powers at member states' expense.

The Brits also want a clearer definition of foreign policy as an area which remains firmly in member states' hands – a stance that has sparked opposition from states like Spain and Germany as well as the European Commission and the European Parliament.

The two EU institutions also fear their control over the planned EU diplomatic service, as well as traditional powers in trade and development, are to be undermined.

The UK's Mr Miliband also found himself on the defensive on justice matters. Seven states - including Spain and Germany - criticised London's criminal law and justice opt-out, under which it can still decide to participate in individual justice-related laws if it wants to.

Critics say this will give London a disproportional amount of power and autonomy.

But Poland is set to form the main obstacle to Portugal's goal of getting the EU treaty wrapped up by a 18 October summit.

Warsaw appears likely to take its demands on its own voting power in the EU to the summit table.

"During the summit in October there will be negotiations," Polish foreign minister Ana Fotyga predicted referring to the so-called Ioannina mechanism, whereby Warsaw or any member state can delay an EU decision on new legislation if its vital interests are at stake.

Poland wants to see the Ioannina mechanism explicitly mentioned in the treaty text - whereas the majority of EU countries only want to have the blocking clause mentioned in a separate declaration which has a lesser legal status.

To make matters more complicated still, will also hold elections just days after the 18-19 October summit - on the 21st.

EU citizens

But the meeting in the Portuguese town of Viana do Castelo on Friday and Saturday was not entirely without new developments.

Foreign ministers appeared to have agreed that the new treaty, which has been savaged by critics as an utterly incomprehensible set of sub-treaties, protocols and declarations, should be made a little more citizen-friendly.

Under the proposals, pushed by MEPs present at the talks, the EU Charter of Fundamental Rights would be "proclaimed" by the presidents of the three EU institutions - the European Parliament, the European Commission and the EU Council - before the signing of the reform treaty by EU leaders.

This could take the form of a small ceremony - possibly in the parliament - along with the publication of the charter in the Official Journal of the EU.

The MEPs also got broad support for a proposal to shift a passage on citizenship - saying "every person holding the nationality of a Member State shall be citizen of the Union" - to a more prominent place in the text.

The original EU constitution, which was rejected by French and Dutch voters in 2005, tried to appeal to citizens through the Charter of Fundamental Rights - a citizens rights catalogue fully included in the document - and through prominent references to European citizenship.

But following a cut and paste EU summit in June, the new draft reform treaty contains only a short cross-reference to the rights charter while European citizenship is hidden away somewhere far down in the text.

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