History and Theory of European Integration

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History and Theory of European Integration

• Marina V. Larionova

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Lecture 12

• From Laeken (2001) to Rome (2004)

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Contents

• The Laeken Presidency Conclusions.
• The Convention method, negotiations over the
  Draft Constitutional Treaty institutional reform
  and the double majority voting.
• Issues and Outcomes.

4
Readings for the lecture

• The Constitutional Treaty of the EU
• A Collection of Articles from the Economist. From
  Leaken to Rome. A Reader
• Selected papers and speeches of the EU
  politicians
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Treaty of Nice

• Institutional reform
• Enhanced cooperation
• Extension of the QMV to 30 new articles
• Provision for deeper and wider debate on the
  future of the EU

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The Future of the European Union Laeken
Declaration December 2001

• EUROPE AT A CROSSROADS
• The European Union is a success story. For over
  half a century now, Europe has been at peace.
  the Union forms one of the three most prosperous
  parts of the world. As a result of mutual
  solidarity and fair distribution of the benefits
  of economic development, moreover, the standard
  of living in the Union's weaker regions has
  increased enormously and they have made good much
  of the disadvantage they were at.

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EUROPE AT A CROSSROADS

• Fifty years on, however, the Union stands at a
  crossroads, a defining moment in its existence.
  The unification of Europe is near. The Union is
  about to expand to bring in more than ten new
  Member States, predominantly Central and Eastern
  European, thereby finally closing one of the
  darkest chapters in European history the Second
  World War and the ensuing artificial division of
  Europe. At long last, Europe is on its way to
  becoming one big family, without bloodshed, a
  real transformation clearly calling for a
  different approach from fifty years ago, when six
  countries first took the lead.

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• "A day will come when all the nations of this
  continent, without losing their distinct
  qualities or their glorious individuality, will
  fuse together in a higher unity and form the
  European brotherhood. A day will come when there
  will be no other battlefields than those of the
  mind - open marketplaces for ideas. A day will
  come when bullets and bombs will be replaced by
  votes".
• Victor Hugo

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Towards a Constitution for European citizens

• Challenges and reforms in a renewed union

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• The Union needs to become more democratic,
  more transparent and more efficient. It also has
  to resolve three basic challenges
• how to bring citizens, and primarily the young,
  closer to the European design and the European
  institutions,
• how to organize politics and the European
  political area in an enlarged Union and
• how to develop the Union into a stabilizing
  factor and a model in the new, multipolar world.

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• In order to address them a number of specific
  questions need to be put.
• A better division and definition of competences
  in the European Union.
• Simplification of the Union's instruments.
• More democracy, transparency and efficiency in
  the European Union.
• Transparency and simplification of the Treaties.
• Inclusion of the Charter of Fundamental Rights in
  the basic Treaty.

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Convention on the Future of Europe

• In order to pave the way for the next
  Intergovernmental Conference as broadly and
  openly as possible, the European Council has
  decided to convene a Convention composed of the
  main parties involved in the debate on the future
  of the Union. In the light of the foregoing, it
  will be the task of that Convention to consider
  the key issues arising for the Union's future
  development and try to identify the various
  possible responses.

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The Budget for the Convention

• 10.5 million euro
• 2.6 - from the Commission
• 1.0 - from the EP
• 0.4 - from the Secretariat of the Council of
  Ministers
• 6.4 - in kind from the member states and
  institutions of the European Union

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Composition broader range of interests than the
IGCs

• The European Council has appointed
• Mr V. Giscard d'Estaing as Chairman of the
  Convention
• Mr G. Amato as Vice-Chairmen
• Mr J.L. Dehaene as Vice-Chairmen

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Second plenary session of the European
Convention, 21-22 March 2002

• (from left to right)
• Mr Jean-Luc Dehaene,
• Vice-Chairman
• Mr Giuliano Amato,
• Vice-Chairman
• Mr Valéry Giscard d'Estaing,
• Chairman

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The Convention

• 15 representatives of the Heads of State or
  Government of the Member States (one from each
  Member State),
• 30 members of national parliaments (two from each
  Member State),
• 16 members of the European Parliament
• two Commission representatives
• one government representative and two national
  parliament members of the accession countries
  (without power to prevent consensus emerging
  among the Member States).

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The Praesidium of the Convention 121

• the Convention Chairman and Vice-Chairmen
• nine members drawn from the Convention
• the representatives of all the governments
  holding the Council Presidency during the
  Convention (Spain, Denmark, Greece),
• two national parliament representatives,
• two European Parliament representatives,
• two Commission representatives.

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Invited to attend as observers

• the Economic and Social Committee
• the Committee of the Regions
• the European Ombudsman

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Length of proceedings

• inaugural meeting on 1 March 2002 to be
  completed in a year
• Final document objective
• provide a starting point for discussions in the
  Intergovernmental Conference, which will take the
  ultimate decisions.

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How to construe the debate and drafting of a
document, which has a notion of a Constitutional
Treaty?

• Simplification
• Transparency
• Enlargement
• Democratic deficit
• Fundamental human rights
• Institutional reform
• Supremacy of the EU law
• and Subsidiarity
• Distribution of the competencies

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Working methods

• 26 Plenary sessions of two half days
• Public debate
• Working groups
• Praesidium meetings (50) and papers (52)
• The Chairman drawing conclusions from the public
  debate
• The Praesidium providing the Convention with an
  initial working basis.
• The Praesidium consulting Commission officials
  and experts
• The Praesidium setting up ad hoc working parties.
• The Council kept informed of the progress of the
  Convention's proceedings.
• The Convention Chairmans oral progress report at
  each European Council meeting

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Working groups

• Subsidiarity
• Charter of Fundamental Rights
• A single legal personality
• Role of national parliaments
• Complementary competencies
• Economic Governance
• External Action
• Defence
• Simplification
• Freedom, Security and Justice
• Social Europe

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Secretariat headed by Sir John Kerr

• Set up to support the Praesidium
• Non-papers
• Dialogue with the civil society
• Networks
• Civil Society Hearing
• Youth Convention
• Forum contributions (1264)

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Operating procedures

• Explicit objective of drafting a broadly agreed
  document
• consensus does not mean unanimity but consensus
  means more than majority, Valéry Giscard
  d'Estaing, November 2002 plenary session
• Alphabetical seating
• Public discussions
• No voting procedures
• Three phases

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Three phases

• Listening phase February 2002 June 2002
• Analytical phase June 2002 November 2002
• First draft of the constitutional structure
  published on October 28, 2002
• December 2002
• - Draft constitutional treaty of the Commission -
  Penelope
• - Commissions formal contribution
• Ulysses - riposte to Penelope
• Drafting phase December 2002- spring 2003
• Phased release of articles
• Flood of amendments (6000)
• - First set of 16 articles generating 1187
  amendments
• - Drafts on the institutions and foreign policy
  1500 amendments
• - Part I presented to the Athens Council meeting

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July 13, 2003

• Final meeting of the Convention
• Our ship has reached the port
• Valéry Giscard d'Estaing

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Thessaloniki European Council June, 19/20, 2003

• Presentation of the new Constitutional Treaty
  by the Chairman of the Convention
• Part 1- Constitutional part values/objectives/all
  ocation of competencies/institutions/instruments/f
  inancial framework and provisions for membership
• Part 2 Charter of Fundamental rights
• Part 3 Policy provisions
• Part 4 Final provisions

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an edifice and a balance?

• Call to ensure that
• no disturbance of the balance, by calling its
  provisions into question, is allowed to
  jeopardize the solidity of the edifice!

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Presidency Conclusions

• the draft constitutional treaty is a good basis
  for starting in the intergovernmental
  conference.

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Responses

• Goran Persson
• Care needed in addressing the changes as
  many cards may start falling down
• Jacque Chirac
• it is necessary to understand that everyone
  has to make an effort if we want to get a result
• Gerhard Schroder
• 100 per cent happy
• French National Assembly and German Bundestag
  joint September 24 meeting
• Draft a coherent and unified document

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Responses

• Leszek Miller
• Adopting a tough negotiating position
• Tony Blair
• Non negotiable items retaining a veto on
  Foreign and Defense policy, taxation
• UK government White paper, September 9, 2003
  
• J. Shaw
• Conventions work might have a surprisingly
  powerful capacity to lock in the Member States
  and to constrain their freedom of action in the
  IGC.

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Responses

• EP positive response
• European Commissions official response September
  17
• Opposed to two tiered Commission
• Greece, Finland and Sweden
• Opposed to two tiered Commission
• Irish Foreign Minister
• We do not want the text to be dismantled.
  Nor is it holy writ. Improvement and
  clarifications are possibleBut what is needed is
  a sense of proportion
• Poland and Spain
• Demand for mention of God/ Christianity in
  the Preamble

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The Draft main innovations

• Part I.
• Title IV The Unions institutions
• Chapter I . The institutional framework

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Article 18 The Unions Institutions

• 1. The Union shall be served by a single
  institutional framework which shall aim to
• advance the objectives of the Union,
• promote the values of the Union,
• serve the interests of the Union, its citizens
  and its Member States,
• and ensure the consistency, effectiveness and
  continuity of the policies and actions which it
  undertakes in pursuit of its objectives.
• 2. This institutional framework comprises
• The European Parliament,
• The European Council,
• The Council of Ministers,
• The European Commission,
• The Court of Justice.
• 3. Each Institution shall act within the limits
  of the powers conferred on it in the
  Constitution, and in conformity with the
  procedures and conditions set out in it. The
  Institutions shall practice full mutual
  cooperation.

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Article 19 The European Parliament

• The European Parliament shall, jointly with the
  Council of Ministers, enact legislation, and
  exercise the budgetary function, as well as
  functions of political control and consultation
  as laid down in the Constitution. It shall elect
  the President of the European Commission.
• The European Parliament shall be elected by
  direct universal suffrage of European citizens in
  free and secret ballot for a term of five years.
  Its members shall not exceed seven hundred and
  thirty-six in number. Representation of European
  citizens shall be degressively proportional, with
  a minimum threshold of four members per Member
  State.

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Article 19 The European Parliament

• Sufficiently in advance of the European
  Parliamentary elections in 2009, and, as
  necessary thereafter for further elections, the
  European Council shall adopt by unanimity, on the
  basis of a proposal from the European Parliament
  and with its consent, a decision establishing the
  composition of the European Parliament,
  respecting the principles set out above.
• 3. The European Parliament shall elect its
  President and its officers from among its
  members.

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The discussions in the IGC

• Small Member States
• advocating a higher minimum threshold than the
  one proposed by the members of the Convention
• An informal agreement in the Naples Foreign
  Ministers meeting to raise the minimum threshold
  of members to five and to increase the number of
  members above 736

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The Provisions of the Treaty

• IGC increase the maximum number of members to 750
• each Member State entitled to a minimum of six
  and a maximum of 96 members
• the final number of members allocated to each
  Member State on the basis of degressive
  proportionality to be decided by the European
  Council, acting unanimously, before the European
  elections of 2009.

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Article 20 The European Council

• 1. The European Council shall provide the Union
  with the necessary impetus for its development,
  and shall define its general political directions
  and priorities. It does not exercise legislative
  functions.
• 2. The European Council shall consist of the
  Heads of State or Government of the Member
  States, together with its President and the
  President of the Commission. The Union Minister
  for Foreign Affairs shall take part in its work.
• 3. The European Council shall meet quarterly,
  convened by its President. When the agenda so
  requires, its members may decide to be assisted
  by a minister and, in the case of the President
  of the Commission, a European Commissioner. When
  the situation so requires, the President shall
  convene a special meeting of the European
  Council.
• 4. Except where the Constitution provides
  otherwise, decisions of the European Council
  shall be taken by consensus.

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Article 21 The European Council Chair

• 1. The European Council shall elect its
  President, by qualified majority, for a term of
  two and a half years, renewable once. In the
  event of an impediment or serious misconduct, the
  European Council can end his or her mandate
  according to the same procedure.
• 2. The President of the European Council
• shall chair it and drive forward its work,
• shall ensure its proper preparation and
  continuity in cooperation with the President of
  the Commission, and on the basis of the work of
  the General Affairs Council,
• shall endeavor to facilitate cohesion and
  consensus within the European Council,
• shall present a report to the European Parliament
  after each of its meetings.
• The President of the European Council shall at
  his or her level and in that capacity ensure the
  external representation of the Union on issues
  concerning its Common Foreign and Security
  Policy, without prejudice to the responsibilities
  of the Union Minister for Foreign Affairs.
• 3. The President of the European Council may not
  hold a national mandate.

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Article 22 The Council of Ministers

• The Council of Ministers shall, jointly with the
  European Parliament, enact legislation, exercise
  the budgetary function and carry out
  policy-making and coordinating functions, as laid
  down in the Constitution.
• The Council of Ministers shall consist of a
  representative of each Member State at
  ministerial level for each of its formations.
  Only this representative may commit the Member
  State in question and cast its vote.
• Except where the Constitution provides otherwise,
  decisions of the Council of Ministers shall be
  taken by qualified majority.

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Article 23 Formations of the Council of Ministers

• The Legislative and General Affairs Council shall
  ensure consistency in the work of the Council of
  Ministers.
• When it acts in its General Affairs function, it
  shall, in liaison with the Commission, prepare,
  and ensure follow-up to, meetings of the European
  Council.
• When it acts in its legislative function, the
  Council of Ministers shall consider and, jointly
  with the European Parliament, enact European laws
  and European framework laws, in accordance with
  the provisions of the Constitution. In this
  function, each Member States representation
  shall include one or two representatives at
  ministerial level with relevant expertise,
  reflecting the business on the agenda of the
  Council of Ministers.

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Article 23 Formations of the Council of Ministers

• 2. The Foreign Affairs Council shall, on the
  basis of strategic guidelines laid down by the
  European Council, flesh out the Unions external
  policies, and ensure that its actions are
  consistent. It shall be chaired by the Union
  Minister for Foreign Affairs.
• 3. The European Council shall adopt a European
  decision establishing further formations in which
  the Council of Ministers may meet.
• 4. The Presidency of Council of Ministers
  formations, other than that of Foreign Affairs,
  shall be held by Member State representatives
  within the Council of Ministers on the basis of
  equal rotation for periods of at least a year.
  The European Council shall adopt a European
  decision establishing the rules of such rotation,
  taking into account European political and
  geographical balance and the diversity of Member
  States.

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The discussions in the IGC

• A consensus reached on the general principle of
  rotation at the Head of the Councils of Ministers
  and of a collective Presidency
• Hesitation about the details of this system
• Small states reticent to the idea of the Foreign
  Minister
• Abolition of the single Legislative Council idea

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The Provisions of the Treaty

• Presidency by a group of Member States for the
  various configurations of the Council (except for
  the Foreign Affairs Council, chaired by the
  Minister for Foreign Affairs)
• A system of equal rotation between the Member
  States
• A draft decision to be adopted as soon as the
  Constitution enters into force foreseeing a
  system of team presidency three Member States
  for a period of 18 months, allowing each Member
  State to chair all the configurations for a
  period of six months, with the assistance of the
  two other Member States and on the basis of a
  common programme
• A post of Minister of Foreign Affairs introduced

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Article 24 Qualified majority

• When the European Council or the Council of
  Ministers takes decisions by qualified majority,
  such a majority shall consist of the majority of
  Member States, representing at least three fifths
  of the population of the Union.
• When the Constitution does not require the
  European Council or the Council of Ministers to
  act on the basis of a proposal of the Commission,
  or when the European Council or the Council of
  Ministers is not acting on the initiative of the
  Union Minister for Foreign Affairs, the required
  qualified majority shall consist of two thirds of
  the Member States, representing at least three
  fifths of the population of the Union.
• The provisions of paragraphs 1 and 2 shall take
  effect on 1 November 2009, after the European
  Parliament elections have taken place, according
  to the provisions of Article 19.

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Article 24 Qualified majority

• Where the Constitution provides in Part III for
  European laws and framework laws to be adopted by
  the Council of Ministers according to a special
  legislative procedure, the European Council can
  adopt, on its own initiative and by unanimity,
  after a period of consideration of at least six
  months, a decision allowing for the adoption of
  such European laws or framework laws according to
  the ordinary legislative procedure.
• The European Council shall act after consulting
  the European Parliament and informing the
  national Parliaments.
• Where the Constitution provides in Part III for
  the Council of Ministers to act unanimously in a
  given area, the European Council can adopt, on
  its own initiative and by unanimity, a European
  decision allowing the Council of Ministers to act
  by qualified majority in that area.
• Any initiative taken by the European Council
  under this subparagraph shall be sent to national
  Parliaments no less than four months before any
  decision is taken on it.
• Within the European Council, its President and
  the President of the Commission do not vote.

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The discussions in the IGC

• Opposition by Poland and Spain The Italian
  Presidency options
• preservation of the system laid down by the
  Treaty of Nice
• establishment of a rendez-vous clause
• agreement on the principle of the double
  majority, but with modified thresholds
• preservation of the Convention's proposal.
• None of these options accepted

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The discussions in the IGC

• The Irish Presidency taking over at a point of
  complete disagreement
• shaping the view that an agreement could be
  reached on the basis of the principle of the
  double majority
• March Council meeting - principle de facto
  agreed
• the percentages defining the majority still to be
  set in a way satisfying all delegations.
• This issue in the focus of deliberations until
  the June European Council
• Options considered
• 55/55 or 60/60
• 55 of the Member States and 65 of the
  population.

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The Provisions of the Treaty

• The double majority of Member States and
  populations
• from 1 November 2009 onwards
• QMV - 55 of the Member States representing 65
  of the population
• a blocking minority of at least four Member
  States
• a formula based on the Ioannina compromise
• in case a decision is supported by only a narrow
  majority, the Member States in the minority may
  request a continuation of the discussions by
  three quarters of the blocking minority

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Article 25 The European Commission

• The European Commission shall promote the general
  European interest and take appropriate
  initiatives to that end. It shall ensure the
  application of the Constitution, and steps taken
  by the Institutions under the Constitution. It
  shall oversee the application of Union law under
  the control of the Court of Justice. It shall
  execute the budget and manage programmes. It
  shall exercise coordinating, executive and
  management functions, as laid down in the
  Constitution.
• With the exception of the Common Foreign and
  Security Policy, and other cases provided for in
  the Constitution, it shall ensure the Unions
  external representation. It shall initiate the
  Unions annual and multiannual programming with a
  view to achieving interinstitutional agreements.
• Except where the Constitution provides otherwise,
  Union legislative acts can be adopted only on the
  basis of a Commission proposal. Other acts are
  adopted on the basis of a Commission proposal
  where the Constitution so provides.

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Article 25 The European Commission

• The Commission shall consist of a College
  comprising its President, the Union Minister of
  Foreign Affairs/Vice-President, and thirteen
  European Commissioners selected on the basis of a
  system of equal rotation between the Member
  States. This system shall be established by a
  European decision adopted by the European Council
  on the basis of the following principles
• (a) Member States shall be treated on a strictly
  equal footing as regards determination of the
  sequence of, and the time spent by, their
  nationals as Members of the College
  consequently, the difference between the total
  number of terms of office held by nationals of
  any given pair of Member States may never be more
  than one
• (b) subject to point (a), each successive College
  shall be so composed as to reflect satisfactorily
  the demographic and geographical range of all the
  Member States of the Union.
• The Commission President shall appoint
  non-voting Commissioners, chosen according to the
  same criteria as apply for Members of the College
  and coming from all other Member States.
• These arrangements shall take effect on 1
  November 2009.

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Article 25 The European Commission

• In carrying out its responsibilities, the
  Commission shall be completely independent. In
  the discharge of their duties, the European
  Commissioners and Commissioners shall neither
  seek nor take instructions from any government or
  other body.
• The Commission, as a College, shall be
  responsible to the European Parliament.
• The Commission President shall be
  responsible to the European Parliament for the
  activities of the Commissioners. Under the
  procedures set out in Article III-243, the
  European Parliament may pass a censure motion on
  the Commission. If such a motion is passed, the
  European Commissioners and Commissioners must all
  resign. The Commission shall continue to handle
  everyday business until a new College is
  nominated.

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Article 26 The President of the European
Commission

• Taking into account the elections to the European
  Parliament and after appropriate consultations,
  the European Council, deciding by qualified
  majority, shall put to the European Parliament
  its proposed candidate for the Presidency of the
  Commission. This candidate shall be elected by
  the European Parliament by a majority of its
  members. If this candidate does not receive the
  required majority support, the European Council
  shall within one month propose a new candidate to
  the European Parliament, following the same
  procedure.

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Article 26 The President of the European
Commission

• Each Member State determined by the system of
  rotation shall establish a list of three persons,
  in which both genders shall be represented, whom
  it considers qualified to be a European
  Commissioner. By choosing one person from each of
  the proposed lists, the President-elect shall
  select the thirteen European Commissioners for
  their competence, European commitment, and
  guaranteed independence. The President and the
  persons so nominated for membership of the
  College, including the future Union Minister for
  Foreign Affairs, as well as the persons nominated
  as non-voting Commissioners, shall be submitted
  collectively to a vote of approval by the
  European Parliament. The Commissions term of
  office shall be five years.
• President of the Commission shall
• lay down guidelines within which the Commission
  is to work
• decide its internal organization, ensuring that
  it acts consistently, efficiently and on a
  collegiate basis
• appoint Vice-Presidents from among the members of
  the College.
• A European Commissioner or Commissioner shall
  resign if the President so requests.

56
The discussions in the IGC

• two tier system strongly opposed by the small
  countries and the Commission and abandoned by the
  Irish Presidency
• the system based on the Treaty of Nice informally
  adopted

57
The Provisions of the Treaty

• the Commission would be made up of one
  Commissioner from each Member State until 2014
• the Commission will be streamlined and be made up
  of a number of Commissioners corresponding to two
  thirds of the number of Member States on the
  basis of a system of equitable rotation
• The European Council will be able to change this
  number by a unanimous decision.

58
Article 27 The Union Minister for Foreign Affairs

• The European Council, acting by qualified
  majority, with the agreement of the President of
  the Commission, shall appoint the Union Minister
  for Foreign Affairs. He or she shall conduct the
  Unions Common Foreign and Security Policy. The
  European Council may end his or her tenure by the
  same procedure.
• The Union Minister for Foreign Affairs shall
  contribute by his or her proposals to the
  development of the common foreign policy, which
  he or she shall carry out as mandated by the
  Council of Ministers. The same shall apply to the
  common security and defence policy.
• The Union Minister for Foreign Affairs shall be
  one of the Vice-Presidents of the Commission. He
  or she shall be responsible there for handling
  external relations and for coordinating other
  aspects of the Unions external action. In
  exercising these responsibilities within the
  Commission, and only for these responsibilities,
  the Union Minister for Foreign Affairs shall be
  bound by Commission procedures.

59
The discussions in the IGC

• Concerns re the hybrid nature and status of
  the Minister for Foreign Affairs figure
• The provisions of the Treaty
• no really significant change concerning this post
• special treatment in case the European
  Parliament adopts a motion of censure against the
  whole Commission

60
The scope of qualified-majority voting and the
bridging clauses

• The proposals of the Convention
• Bridging clauses - provision for the Council to
  decide, unanimously, to apply qualified-majority
  voting and/or the ordinary legislative procedure
  (co-decision) in a given area.
• Extension of QMV to cover twenty more provisions,
  including in the area of Justice and Home
  Affairs, taxation, CFSP

61
The discussions in the IGC

• Bridging clause
• Italian presidency proposition
• the use of a bridging clause not possible if one
  of the national parliaments issues an objection
• QMV
• "emergency brake" procedure - possibility of
  suspending a procedure if "the fundamental
  principles of the legal or social security system
  of a Member State" were affected.

62
The provisions of theTreaty

• one national parliament to block the decision of
  the European Council and prevent the move to
  qualified-majority voting and/or the ordinary
  legislative procedure.
• unanimity kept in the area of taxation, social
  policy, CSFP, the laws setting own resources and
  the multi annual financial frameworks
• the system of "emergency brakes" - in the area
  of judicial cooperation in criminal matters and
  the coordination of the social security of
  migrant workers

63
The IGC October-December

• 1 July 2003 the Italian Presidency formal
  request to the Council that the IGC be convened
• Method
• Held at the level of head of states or
  governments
• Focal points set
• Questionnaires on the key issues
• Legal and linguistic expertise
• Opinions of the EC / EP / ECB / CoR / ECSC
• Six ministerial meetings

64
Brussels, 12 13, December 2003Intergovernmental
Conference

• The European Council noted that it was not
  possible for the Intergovernmental Conference to
  reach an overall agreement on a draft
  constitutional treaty at this stage.
• The Irish Presidency is requested on the basis of
  consultations to make an assessment of the
  prospect for progress and to report to the
  European Council in March.

65
A two level EU?Enhanced cooperation?The
initiative of a Franco-German rapprochement?

• those member states which do indeed agree to
  the proposal of the Convention would have no
  other choice but to move forward together. In
  other words, I am convinced that the failure of
  the IGC would mark the start of all kinds of
  enhanced cooperation. We would inevitably see a
  two-speed Europe emerge, a core Europe, a
  European federation within the EU.
• Guy Verhofstadt
• Nothing is agreed until everything is agreed. If
  it happens that the Convention process ran in to
  the ground that would not be the end of the
  world. We would have to get by with the Nice.
• Jack Straw

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January June 2004 Negotiations the Irish
Presidency

• Method
• Informal contacts
• Focal points
• Three ministerial meetings

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• March 25-26 Brussels meeting
• Heads of governments agreement to Bertie Aherns
  plans to finalize agreement on the draft Treaty
  by mid June
• January 2004 start of the negotiations on the
  multi-annual financial perspective
• Germany/Austria/France/Holland/Sweden and the UK
  letter to Romano Prodi
• Spending to be pegged to 1 percent of the EU GDP
• March 11 Madrid explosion
• Victory of the Socialists in the election
• Zapatero openness to the QMV negotiations

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European Council meeting June, 18, 2004 Heads
of States or Governments agree on the Treaty
establishing a Constitution for Europe

• CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS
• The Intergovernmental Conference, meeting at the
  level of the Heads of State or Government,
  reached an agreement on the draft Treaty
  establishing a Constitution for Europe on the
  basis of the texts in documents CIG 81/04 and CIG
  85/04. The final legal editing and harmonization
  of the texts will be carried out with a view to
  the signing of the Treaty before the end of 2004.

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CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS

• The European Council welcomes the successful
  conclusion of the Intergovernmental Conference.
  The Treaty establishing a Constitution for Europe
  is an historic step forward in the process of
  integration and cooperation in Europe.
• Based on the work of the Convention, the
  Constitution establishes an efficient, democratic
  and transparent framework for the future
  development of the Union. It completes the
  process which began when the Treaty of Rome
  established the basic framework for European
  integration. Like the Treaty of Rome, it will
  serve for many years as the foundation of a Union
  at the service of its citizens.
• Legal and linguistic finalization of the text
  follows

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Rome, 29 October, 2004

• The Treaty establishing a Constitution for
  Europe signed by the 25 member states
• Brussels Presidency Conclusions November 2004
• The European Council noted with deep
  satisfaction that the Treaty establishing a
  Constitution for Europe was solemnly signed in
  Rome on 29 2004 on behalf of the Member States.

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Referendums

• in the 25 Member States in accordance with their
  constitutional rules.
• The Constitutional Treaty to enter into force on
  1 November 2006, as long as all the Member States
  have ratified by this date.
• Failing that, the Constitutional Treaty will
  enter into force on the first day of the second
  month following the deposition of the
  ratification instrument of the Member State,
  which is the last to complete this formality

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Procedures planned for the ratification of the
European Constitution
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DECLARATION BY THE HEADS OF STATE OR
GOVERNMENTOF THE MEMBER STATES OF THE EUROPEAN
UNIONON THE RATIFICATION OF THE
TREATYESTABLISHING A CONSTITUTION FOR
EUROPE(European Council, 16 and 17 June 2005)

• To date, 10 Member States have successfully
  concluded ratification procedures, thereby
  expressing their commitment to the Constitutional
  Treaty.
• We have noted the outcome of the referendums in
  France and the Netherlands. We consider that
  these results do not call into question citizens
  attachment to the construction of Europe.
  Citizens have nevertheless expressed concerns and
  worries which need to be taken into account.
  Hence the need for us to reflect together on this
  situation.

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• This period of reflection will be used to enable
  a broad debate to take place in each of our
  countries, involving citizens, civil society,
  social partners, national parliaments and
  political parties.
• This debate, designed to generate interest, which
  is already under way in many Member States, must
  be intensified and broadened. The European
  institutions will also have to make their
  contribution, with the Commission playing a
  special role in this regard.

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• The recent developments do not call into question
  the validity of continuing with the ratification
  processes.
• We are agreed that the timetable for the
  ratification in different Member States will be
  altered if necessary in response to these
  developments and according to the circumstances
  in these Member States.
• We have agreed to come back to this matter in the
  first half of 2006 to make an overall assessment
  of the national debates and agree on how to
  proceed.

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Seminar 7 The Constitutional Treaty of the EU

• The roles of the national interests, coalitions
  and the Presidency influences.
• The Convention work outcome (Giscard dEstang
  oral report presented to the EC in Thessaloniki)
• Spanish and Polish bargaining positions.
• The UK bargaining position, the German bargaining
  position, the French bargaining position.
• The Italian presidency failure?
• The Irish Presidency break through?
• Essays and presentations. Discussion.

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• Thank you!