Sweden is fairly British in its EU politics and policies, although more pragmatic and much less abrasive. Here is a recap of some aspects of Sweden in European integration.
Sweden has a long tradition of intergovernmental thinking in international relations. Sweden is one of the top countries in almost all important global rankings, so Swedes do not always see EU standards as an improvement.
Sweden
With regard to EU2020 growth reforms and sustainable public finances, the member states of the European Union have reason to use Sweden as a model, even if the Swedish government is unclear about defence cooperation, well outside the eurozone core, leading a rich-country rebellion against the proposed long term budget (multiannual financial framework MFF) 2014-2020, willing to promote enlargement with no end in sight, and opposing preassures for core countries to advance more rapidly than the 27-member EU as a whole.
The Swedish government showed its competent and pragmatic qualities during the EU Council presidency during the latter half of 2009, when the Lisbon Treaty finally entered into force (from 1 December 2009).
Ralf Grahn
Showing posts with label EU policies. Show all posts
Showing posts with label EU policies. Show all posts
Friday, 23 September 2011
Friday, 3 September 2010
Barroso communicating Europe: National and European identities
We do not know if the EU Commissioners gathered in Val Duchesse agreed to shred Viviane Reding’s communication plan and decided to enter the fascinating world of 21st century communication instead, but we do know that we saw both disquieting and promising signs around the time of the Commission’s seminar retreat.
In English on EUobserver and thus widely distributed, Valentina Pop reported Commission president José Manuel Barroso on the defensive, blaming national capitals for the plunge in EU popularity.
Pop’s article seems to be based on the lengthier Barroso interview published the previous day in the Corriere della Sera: “Troppi Paesi individualisti e miopi – Così il progetto europeo si ferma”.
In my view, while the defensive aspects floated to the surface in Pop’s essentially correct summary, in the Italian interview the blame was balanced by more arguments about our identities, as well as proposals and activities of the European Union.
Barroso’s thoughts about our double identities – national and European – as well as a sense of ownership of the European project, are worth noting:
In the blog post No National European Vision, The European Citizen noted the difficulties the EU institutions have in communicating what the European Union does, but he made the observations that member state governments do not fall or get re-elected based on their Council voting record, and national political parties are not designed for European politics and issues.
Anti-EU brigade
Gawain Towler (UKIP) sees the reasons for the EU’s unpopularity in simpler terms: because it is unresponsive, bureaucratic, undemocratic and irrelevant to people's lives. Democracy, or the lack of it, is the distinguishing feature between the national and the European level.
On his Telegraph blog, Daniel Hannan (anti-integrationist European Conservatives and Reformists Group) offers Five reasons why the EU is more unpopular than ever. Hannan lists the euro, the bail-outs, the sense of iniquity, the spiralling costs and the lack of democracy, but he offers no remedies.
In the Mail Online, Mary Ellen Synon empties her euroseptic tank, using Open Europe’s spin and her own fantasies to depict Barroso as a midnight stalker.
Are these anti-EU ideas helpful for our understanding? Perhaps there is reason to look at a few entries with constructive intent.
European ideas
On the academic blog collective Ideas on Europe, Giorgi Tabagari deals with the EU as a Scapegoat, showing approval of Barroso’s statement that we won’t solve the problems unless each nation sees the European project as its own. If the EU is merely deemed as a benefit like late Polish president once put quite bluntly, it will never manage to compete with the USA or emerging powers, Tabagari concludes.
In his previous blog entry, The European Union and the Crisis, Tabagari related the history of social policy at European level before offering prescriptions for the future of the European Union:
To put matters into perspective, The European Citizen makes a case for arguing with the “facts”, while acknowledging that the Eurobarometer results leave the battlefield of specific policies wide open. He points out the tendentious reporting by anti-EU commentators, supplying a few omitted facts. Among them:
Lessons?
The most vehement anti-EU sentiments reflect a domestic UK legitimacy problem more than they help our understanding of the European Union.
Let them bask in the glory of localism in post-Roman Britain, the ‘patriotic’ rebellions of Queen Boudicca, or whatever (in the spirit of Synon), but the rest of the EU has to think forward.
In my view, Barroso’s remarks on the need for European and national identities were equally directed at us EU citizens as at our national governments. We have to decide if we want the European project and EU level solutions.
Naturally, each one of us has reason to think about what our state could achieve on its own in this world of emerging powers.
Citizens seem to be critical of the European Union’s achievements by May 2010 regarding their main concerns – unemployment and the economy – but open towards EU level solutions.
The Commission and the other EU institutions still have to prove that they are a part of the solution, instead of a part of the problem. The battle of ideas The European Citizen referred to is on, with lessons to draw regarding politics, policies and communication.
Ralf Grahn
P.S. Comments relevant to the topic discussed in each Grahnlaw blog post are most welcome. However, the number of spam comments has skyrocketed. This is the sad reason for comment moderation, so it may take a while before your valued comment appears.
It is easier to understand a language than to use it correctly. As Eurobloggers we could and should promote interaction among Europeans across borders and between linguistic communities. Grahnlaw has adopted a multilingual comment policy:
I do my best to read comments in Danish, Dutch, English, Finnish, French, German, Italian, Norwegian, Portuguese, Spanish or Swedish, even if the Grahnlaw blog and my possible replies are in English.
In English on EUobserver and thus widely distributed, Valentina Pop reported Commission president José Manuel Barroso on the defensive, blaming national capitals for the plunge in EU popularity.
Pop’s article seems to be based on the lengthier Barroso interview published the previous day in the Corriere della Sera: “Troppi Paesi individualisti e miopi – Così il progetto europeo si ferma”.
In my view, while the defensive aspects floated to the surface in Pop’s essentially correct summary, in the Italian interview the blame was balanced by more arguments about our identities, as well as proposals and activities of the European Union.
Barroso’s thoughts about our double identities – national and European – as well as a sense of ownership of the European project, are worth noting:
Non possiamo più pensare a una identità esclusiva, dobbiamo abituarci al concetto di identità multipla.
... i problemi non si risolveranno fino a che ogni nazione non vede il progetto europeo come il suo progetto.
In the blog post No National European Vision, The European Citizen noted the difficulties the EU institutions have in communicating what the European Union does, but he made the observations that member state governments do not fall or get re-elected based on their Council voting record, and national political parties are not designed for European politics and issues.
Anti-EU brigade
Gawain Towler (UKIP) sees the reasons for the EU’s unpopularity in simpler terms: because it is unresponsive, bureaucratic, undemocratic and irrelevant to people's lives. Democracy, or the lack of it, is the distinguishing feature between the national and the European level.
On his Telegraph blog, Daniel Hannan (anti-integrationist European Conservatives and Reformists Group) offers Five reasons why the EU is more unpopular than ever. Hannan lists the euro, the bail-outs, the sense of iniquity, the spiralling costs and the lack of democracy, but he offers no remedies.
In the Mail Online, Mary Ellen Synon empties her euroseptic tank, using Open Europe’s spin and her own fantasies to depict Barroso as a midnight stalker.
Are these anti-EU ideas helpful for our understanding? Perhaps there is reason to look at a few entries with constructive intent.
European ideas
On the academic blog collective Ideas on Europe, Giorgi Tabagari deals with the EU as a Scapegoat, showing approval of Barroso’s statement that we won’t solve the problems unless each nation sees the European project as its own. If the EU is merely deemed as a benefit like late Polish president once put quite bluntly, it will never manage to compete with the USA or emerging powers, Tabagari concludes.
In his previous blog entry, The European Union and the Crisis, Tabagari related the history of social policy at European level before offering prescriptions for the future of the European Union:
Once again there is only one way out: a common European fiscal and economic policy ruled by a European government which is properly empowered and thus able to provide an appropriate guidance. We also need a common European budget in support of the economy and of the people. The solution for the crisis should not necessarily be at citizens’ expense. Either we become united or we will perish, for the umpteenth time.
To put matters into perspective, The European Citizen makes a case for arguing with the “facts”, while acknowledging that the Eurobarometer results leave the battlefield of specific policies wide open. He points out the tendentious reporting by anti-EU commentators, supplying a few omitted facts. Among them:
... the trust rates for national governments are over 10% lower, and nobody is suggesting that national governments should stop mooting ideas or bringing forward policies (or, in the other extreme, being abolished to allow for more government from the "more trusted" EU level of governance).
Lessons?
The most vehement anti-EU sentiments reflect a domestic UK legitimacy problem more than they help our understanding of the European Union.
Let them bask in the glory of localism in post-Roman Britain, the ‘patriotic’ rebellions of Queen Boudicca, or whatever (in the spirit of Synon), but the rest of the EU has to think forward.
In my view, Barroso’s remarks on the need for European and national identities were equally directed at us EU citizens as at our national governments. We have to decide if we want the European project and EU level solutions.
Naturally, each one of us has reason to think about what our state could achieve on its own in this world of emerging powers.
Citizens seem to be critical of the European Union’s achievements by May 2010 regarding their main concerns – unemployment and the economy – but open towards EU level solutions.
The Commission and the other EU institutions still have to prove that they are a part of the solution, instead of a part of the problem. The battle of ideas The European Citizen referred to is on, with lessons to draw regarding politics, policies and communication.
Ralf Grahn
P.S. Comments relevant to the topic discussed in each Grahnlaw blog post are most welcome. However, the number of spam comments has skyrocketed. This is the sad reason for comment moderation, so it may take a while before your valued comment appears.
It is easier to understand a language than to use it correctly. As Eurobloggers we could and should promote interaction among Europeans across borders and between linguistic communities. Grahnlaw has adopted a multilingual comment policy:
I do my best to read comments in Danish, Dutch, English, Finnish, French, German, Italian, Norwegian, Portuguese, Spanish or Swedish, even if the Grahnlaw blog and my possible replies are in English.
Tuesday, 5 May 2009
European Union: Eastern Partnership launch
The Commission has just published an overview of the Eastern Partnership of the European Union: Eastern Parnership (Brussels 5 May 2009, MEMO/09/217), meant to forge ties between the 27 EU member states and Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova and Ukraine.
The Eastern Partnership can be seen as a relaunch of the European Neighbourhood Policy (ENP), and the press release describes its main points.
***
Summit
The Commission’s press release Eastern Partnership Summit to strengthen EU links with Eastern Europe and South Caucasus (Brussels, 5 May 2009, IP/09/700) offers information about the 7 May summit in Prague, where the new cooperation framework is launched, covering political and economic relations, energy security and, mobility, as well as pro-democratic and market oriented reforms.
***
Further information
Further information and documents, are available on the web pages Eastern Partnership of the Commission’s Directorate-General External Relations.
***
Outside views
Ahto Lobjakas has written a short evaluation for Radio Free Europe / Radio Liberty: EU’s Eastern Partnership Strains To Juggle Interests, Values (29 April 2009).
Tomas Valasek of the Centre for European Reform wrote another outside assessment in his blog post Economic crisis and the ‘eastern partnership’ (10 March 2009).
Ralf Grahn
The Eastern Partnership can be seen as a relaunch of the European Neighbourhood Policy (ENP), and the press release describes its main points.
***
Summit
The Commission’s press release Eastern Partnership Summit to strengthen EU links with Eastern Europe and South Caucasus (Brussels, 5 May 2009, IP/09/700) offers information about the 7 May summit in Prague, where the new cooperation framework is launched, covering political and economic relations, energy security and, mobility, as well as pro-democratic and market oriented reforms.
***
Further information
Further information and documents, are available on the web pages Eastern Partnership of the Commission’s Directorate-General External Relations.
***
Outside views
Ahto Lobjakas has written a short evaluation for Radio Free Europe / Radio Liberty: EU’s Eastern Partnership Strains To Juggle Interests, Values (29 April 2009).
Tomas Valasek of the Centre for European Reform wrote another outside assessment in his blog post Economic crisis and the ‘eastern partnership’ (10 March 2009).
Ralf Grahn
Wednesday, 29 April 2009
Start updating, Jacques Barrot! (JHA)
The Commissioner in charge is Jacques Barrot: Welcome to the European Union’s area of freedom security and justice …
I was looking for information about the European Commission’s Justice and Home Affairs. What did I find? Or perhaps I should rephrase: What did I not find on the web pages of Barrot’s services?
The answer to the first question is: Almost no updated information.
The answer to the second question is: Antiquated information about one of the most rapidly evolving policy areas of the European Union.
***
General page
The latest update on the introductory page about the area of freedom, security and justice is the third annual report or scoreboard, adopted 2 July 2008.
Newsroom
The so called Newsroom had an item on Europol’s report about the fight against terrorism, from 21 April 2009.
Not bad, being just a week old? But since then, the Commission has communicated on other issues, without updating its Newsroom page.
Documentation centre
Someone looking for reports, Green Papers and proposals would probably go to the Documentation centre. What would he find?
What he finds is the consolidated acquis of the EU under Title IV TEC and Title VI TEU, updated in October 2008.
This is a valuable compilation of information sources, but where are the new proposals and reports?
Funding opportunities
The page on funding opportunities has actually been updated 1 April 2009.
Jacques Barrot
The Commission Vice-President’s own web page contains a greeting and undated wishes for the European elections.
Directorate-General
The web page of Commissioner Barrot’s services, the Directorate-General for Justice, Freedom and Security, is a timeless piece, without any fresh contents.
Relevant web sites
There are links to various external web sites, but no contents on the web page.
***
Conclusions
Fresh information should be on offer right where you land, but the main category pages are stale and almost useless if you look for updated information. Even if you start exploring the links, you will find that the JHA D-G seems to have other things on its mind than to inform the public in a timely manner.
I am perplexed. During Franco Frattini’s time, the JHA web pages were updated swiftly, with new documents available and easy to find. Now you get the feeling that you are entering the Kingdom of Sleep. What has happened and why?
The D-G’s web pages are unreliable, because you don’t know how much information is missing. The only useful pages for fresh information seem to be through the link to the latest press releases, but they do not link to the documents in question. You have to search for them separately. This makes the task harder.
To conclude: Stale and useless. A profound change of attitude plus a quick overhaul are in order.
Ralf Grahn
I was looking for information about the European Commission’s Justice and Home Affairs. What did I find? Or perhaps I should rephrase: What did I not find on the web pages of Barrot’s services?
The answer to the first question is: Almost no updated information.
The answer to the second question is: Antiquated information about one of the most rapidly evolving policy areas of the European Union.
***
General page
The latest update on the introductory page about the area of freedom, security and justice is the third annual report or scoreboard, adopted 2 July 2008.
Newsroom
The so called Newsroom had an item on Europol’s report about the fight against terrorism, from 21 April 2009.
Not bad, being just a week old? But since then, the Commission has communicated on other issues, without updating its Newsroom page.
Documentation centre
Someone looking for reports, Green Papers and proposals would probably go to the Documentation centre. What would he find?
What he finds is the consolidated acquis of the EU under Title IV TEC and Title VI TEU, updated in October 2008.
This is a valuable compilation of information sources, but where are the new proposals and reports?
Funding opportunities
The page on funding opportunities has actually been updated 1 April 2009.
Jacques Barrot
The Commission Vice-President’s own web page contains a greeting and undated wishes for the European elections.
Directorate-General
The web page of Commissioner Barrot’s services, the Directorate-General for Justice, Freedom and Security, is a timeless piece, without any fresh contents.
Relevant web sites
There are links to various external web sites, but no contents on the web page.
***
Conclusions
Fresh information should be on offer right where you land, but the main category pages are stale and almost useless if you look for updated information. Even if you start exploring the links, you will find that the JHA D-G seems to have other things on its mind than to inform the public in a timely manner.
I am perplexed. During Franco Frattini’s time, the JHA web pages were updated swiftly, with new documents available and easy to find. Now you get the feeling that you are entering the Kingdom of Sleep. What has happened and why?
The D-G’s web pages are unreliable, because you don’t know how much information is missing. The only useful pages for fresh information seem to be through the link to the latest press releases, but they do not link to the documents in question. You have to search for them separately. This makes the task harder.
To conclude: Stale and useless. A profound change of attitude plus a quick overhaul are in order.
Ralf Grahn
Wednesday, 25 March 2009
EU customs cooperation: IPR infringements
European Union customs cooperation against counterfeiting and piracy has advanced one step with the new EU customs action plan to combat infringements of intellectual property rights (IPR) for the years 2009 to 2012.
EU Customs Action Plan to Combat IPR Infringements 2009-2012
The new programme strives to take into account the growing threat posed by counterfeit goods to health and safety and to the environment, as well as the latest trends in the area of counterfeiting and piracy, especially with regard to the new challenges posed by the globalisation of world trade and Internet sales.
Council Resolution 2009/C 71/01 of 16 March 2009 on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012 has been published in the Official Journal of the European Union (OJEU) 25.3.2009 C 71/1.
Ralf Grahn
EU Customs Action Plan to Combat IPR Infringements 2009-2012
The new programme strives to take into account the growing threat posed by counterfeit goods to health and safety and to the environment, as well as the latest trends in the area of counterfeiting and piracy, especially with regard to the new challenges posed by the globalisation of world trade and Internet sales.
Council Resolution 2009/C 71/01 of 16 March 2009 on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012 has been published in the Official Journal of the European Union (OJEU) 25.3.2009 C 71/1.
Ralf Grahn
Thursday, 5 March 2009
Positive reactions from European Parliament
The continuing series on the European Parliament on this blog has pointed out the lack of information about the (meagre) common European rules on the electoral system ahead of the European Parliamentary Elections in June 2009, as well as the inaccessibility of information about the important decisions taken by internal bodies of the EP (Bureau, Conference of Presidents).
Therefore I am pleased to tell my readers that we have had positive responses from Chris and Christian on additions for interested EU citizens.
These comments lie hidden in two and three week old posts, so it is better to take them out in the open.
I can also say that I received a quick and fairly good response from the EP Press service, when I had a query about the Libertas application for Europarty funding.
***
EP election pages
There is now a new page called ‘United in diversity: Rules for the European Parliamentary elections’, 2009 elections - Institutions - 04-03-2009 - 10:19.
The page offers a summary of the development of common electoral rules and the main European level principles in force. The presentation is available here:
http://www.europarl.europa.eu/elections2009/welcome/headlines.htm?language=EN&ref=20090302STO50552&secondRef=0
The older summary of European electoral procedures is still available (has it even been updated recently?):
http://www.europarl.europa.eu/parliament/expert/displayFtu.do;jsessionid=16B8AB44F7004E9C7B4C31FF2AE4AC81.node1?id=74&ftuId=FTU_1.3.4.html
***
2014 reform?
Andrew Duff MEP is rapporteur for the Committee on Constitutional Affairs on a draft Report on a proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976; dated 15.10.2008, procedure: 2007/2207(INI):
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-412.180+02+DOC+PDF+V0//EN&language=EN
Two merits
1) At this point in time, the own-initiative draft report has not been voted by the committee or the Parliament, but it discusses several issues where electoral procedures could be harmonised ahead of the 2014 European Parliamentary Elections.
As such, the questions are of interest to teachers, students and politically engaged EU citizens.
2) Although the current updated (consolidated) version of the existing European level electoral rules lies hidden in an Annex, it is a real improvement over the part mosaic we encountered on Eur-Lex.
In other words, a valuable source for those who happen to find it, but far from visibly posted.
***
Committee of inquiry
The blog post on EP committees of inquiry received a comment with a link to an interesting paper by Michael Shackleton ‘The European Parliament’s new committees of inquiry: Tiger or paper tiger? (1997), available at:
http://aei.pitt.edu/2725/
***
Conclusion and following steps
I want to thank Chris and/or Christian for the valuable updates and comments. The electoral basics are now better covered by the European Parliament ahead of the June elections. Existing rules have been dug up. The EP Press service was responsive when I asked directly. High marks for the press editors.
The next steps may need decisions at the political level.
Why not publish the internal decisions of the Bureau and the Conference of Presidents visibly and automatically on the EP web pages?
A systematic presentation of all the interinstitutional agreements would be an improvement, too.
As I have said, the information exists. It is only a question of good will to make it accessible to EU citizens in a real sense.
Ralf Grahn
Therefore I am pleased to tell my readers that we have had positive responses from Chris and Christian on additions for interested EU citizens.
These comments lie hidden in two and three week old posts, so it is better to take them out in the open.
I can also say that I received a quick and fairly good response from the EP Press service, when I had a query about the Libertas application for Europarty funding.
***
EP election pages
There is now a new page called ‘United in diversity: Rules for the European Parliamentary elections’, 2009 elections - Institutions - 04-03-2009 - 10:19.
The page offers a summary of the development of common electoral rules and the main European level principles in force. The presentation is available here:
http://www.europarl.europa.eu/elections2009/welcome/headlines.htm?language=EN&ref=20090302STO50552&secondRef=0
The older summary of European electoral procedures is still available (has it even been updated recently?):
http://www.europarl.europa.eu/parliament/expert/displayFtu.do;jsessionid=16B8AB44F7004E9C7B4C31FF2AE4AC81.node1?id=74&ftuId=FTU_1.3.4.html
***
2014 reform?
Andrew Duff MEP is rapporteur for the Committee on Constitutional Affairs on a draft Report on a proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976; dated 15.10.2008, procedure: 2007/2207(INI):
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-412.180+02+DOC+PDF+V0//EN&language=EN
Two merits
1) At this point in time, the own-initiative draft report has not been voted by the committee or the Parliament, but it discusses several issues where electoral procedures could be harmonised ahead of the 2014 European Parliamentary Elections.
As such, the questions are of interest to teachers, students and politically engaged EU citizens.
2) Although the current updated (consolidated) version of the existing European level electoral rules lies hidden in an Annex, it is a real improvement over the part mosaic we encountered on Eur-Lex.
In other words, a valuable source for those who happen to find it, but far from visibly posted.
***
Committee of inquiry
The blog post on EP committees of inquiry received a comment with a link to an interesting paper by Michael Shackleton ‘The European Parliament’s new committees of inquiry: Tiger or paper tiger? (1997), available at:
http://aei.pitt.edu/2725/
***
Conclusion and following steps
I want to thank Chris and/or Christian for the valuable updates and comments. The electoral basics are now better covered by the European Parliament ahead of the June elections. Existing rules have been dug up. The EP Press service was responsive when I asked directly. High marks for the press editors.
The next steps may need decisions at the political level.
Why not publish the internal decisions of the Bureau and the Conference of Presidents visibly and automatically on the EP web pages?
A systematic presentation of all the interinstitutional agreements would be an improvement, too.
As I have said, the information exists. It is only a question of good will to make it accessible to EU citizens in a real sense.
Ralf Grahn
Tuesday, 6 January 2009
EU politics: Czech Council in tray
Today the Czech Government published its Work Programme for the EU Council Presidency running from 1 January to 30 June 2009. Europe without Barriers is the theme for the programme, available here:
http://www.eu2009.cz/en/news-and-documents/news/the-czech-presidency-presents-its-priorities-and-work-programme-4810/
The Czech Republic’s stint at the head of the Council of the European Union occurs in the middle of the second 18 month Presidency trio programme, drafted by France, the Czech Republic and Sweden. Especially the later Presidencies have reasons to update the joint programme, but their own programme offers certain possibilities to underline their own priorities.
In addition to the motto – Europe without Barriers – the Czech Government tries to catch attention by three Es: Economy, Energy and the European Union in the World. These are presented as priorities of the Czech Presidency.
Knowing that the Czech Parliament has not approved or even voted on the Treaty of Lisbon, we are served the following enlightening sentence on the introductory page:
The issue of institutional reform, connected to the future of the Lisbon Treaty ratification, is a task of no lesser importance for the efficient functioning of the European Union and its internal and external policies.
***
Why should anyone read this Presidency programme voluntarily?
The European Union has a lot of dossiers moving (or not) at any given time, so the Presidency programmes can be read as valuable refreshers on where different issues stand from the Council’s point of view.
After the introductory (thematic) pages, the following 28 pages offer the reader a glimpse of the Council’s in tray for the coming six months. The Czech programme is divided into 16 policy areas and these into 84 further sub-headlines in all.
Consequently, the treatment is brief, concentrated or bland (however you want to see it), almost telegraphic in style.
***
Following the age old custom of writers to carp, let me pick one introductory phrase (on page vii): The EU is a significant global player…
Are Hamas and Israel listening?
Ralf Grahn
P.S. As a reminder to mainstream media: In spite of hype the which has surrounded Nicolas Sarkozy, the Czech Republic has not taken over the EU Presidency, just the Presidency of the EU Council, one of the main three political institutions of the European Union, even if arguably the most important one.
http://www.eu2009.cz/en/news-and-documents/news/the-czech-presidency-presents-its-priorities-and-work-programme-4810/
The Czech Republic’s stint at the head of the Council of the European Union occurs in the middle of the second 18 month Presidency trio programme, drafted by France, the Czech Republic and Sweden. Especially the later Presidencies have reasons to update the joint programme, but their own programme offers certain possibilities to underline their own priorities.
In addition to the motto – Europe without Barriers – the Czech Government tries to catch attention by three Es: Economy, Energy and the European Union in the World. These are presented as priorities of the Czech Presidency.
Knowing that the Czech Parliament has not approved or even voted on the Treaty of Lisbon, we are served the following enlightening sentence on the introductory page:
The issue of institutional reform, connected to the future of the Lisbon Treaty ratification, is a task of no lesser importance for the efficient functioning of the European Union and its internal and external policies.
***
Why should anyone read this Presidency programme voluntarily?
The European Union has a lot of dossiers moving (or not) at any given time, so the Presidency programmes can be read as valuable refreshers on where different issues stand from the Council’s point of view.
After the introductory (thematic) pages, the following 28 pages offer the reader a glimpse of the Council’s in tray for the coming six months. The Czech programme is divided into 16 policy areas and these into 84 further sub-headlines in all.
Consequently, the treatment is brief, concentrated or bland (however you want to see it), almost telegraphic in style.
***
Following the age old custom of writers to carp, let me pick one introductory phrase (on page vii): The EU is a significant global player…
Are Hamas and Israel listening?
Ralf Grahn
P.S. As a reminder to mainstream media: In spite of hype the which has surrounded Nicolas Sarkozy, the Czech Republic has not taken over the EU Presidency, just the Presidency of the EU Council, one of the main three political institutions of the European Union, even if arguably the most important one.
Thursday, 18 December 2008
Die Europäische Union
The German Bundeszentrale für politische Bildung continues its impressive publishing activity to inform and educate students, teachers and the general public. History, politics, society and culture are among the key areas, without forgetting the world outside Germany.
One of the latest publications on Europe is Werner Weidenfeld (Hrsg.): Die Europäische Union – Politisches System und Politikbereiche (Bundeszentrale für politische Bildung, Schriftenreihe Band 689, 2008, 832 pages).
Die Europäische Union and other BPB publications can be found at:
http://www.bpb.de/publikationen
Part I looks at the historic background and development of European integration, Part II analyses the EU as a political system, Part III sheds light on the main policy areas, Part IV describes the EU’s role in the wider world and Part V presents views on Europe’s future. The 35 articles have been authored by renowned experts. Main developments are chronicled in an annex.
The book costs a nominal two euros, but postage is added for orders outside Germany. Still, at € 16.10 in total, I don’t complain.
Ralf Grahn
One of the latest publications on Europe is Werner Weidenfeld (Hrsg.): Die Europäische Union – Politisches System und Politikbereiche (Bundeszentrale für politische Bildung, Schriftenreihe Band 689, 2008, 832 pages).
Die Europäische Union and other BPB publications can be found at:
http://www.bpb.de/publikationen
Part I looks at the historic background and development of European integration, Part II analyses the EU as a political system, Part III sheds light on the main policy areas, Part IV describes the EU’s role in the wider world and Part V presents views on Europe’s future. The 35 articles have been authored by renowned experts. Main developments are chronicled in an annex.
The book costs a nominal two euros, but postage is added for orders outside Germany. Still, at € 16.10 in total, I don’t complain.
Ralf Grahn
Monday, 15 December 2008
European Union: Education and youth plus sport
The European Community (European Union) encourages cooperation between the member states in the areas of education and youth exchange. The Lisbon Treaty adds sport and embellishes youth.
There is no denying the importance of sport, from many angles, but lobbyists and lawyers can rejoice that the Lisbon Treaty is not content with the addition, but refers to the specific nature of sport. This is an open invitation to special pleading, of which we have already seen vigorous signs.
Although the Community (Union) powers are puny, the education sector hosts some of the most popular European mobility programmes.
***
Article 149 TEC
Chapter 3 Education, vocational training and youth starts with Article 149 TEC (ex Article 126) setting out European Community (European Union) aims and activities in the policy areas education and youth.
The current Article 149 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/112–113:
CHAPTER 3
EDUCATION, VOCATIONAL TRAINING AND YOUTH
Article 149 TEC
1. The Community shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.
2. Community action shall be aimed at:
— developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States,
— encouraging mobility of students and teachers, by encouraging inter alia, the academic recognition of diplomas and periods of study,
— promoting cooperation between educational establishments,
— developing exchanges of information and experience on issues common to the education systems of the Member States,
— encouraging the development of youth exchanges and of exchanges of socioeducational instructors,
— encouraging the development of distance education.
3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education, in particular the Council of Europe.
4. In order to contribute to the achievement of the objectives referred to in this Article, the Council:
— acting in accordance with the procedure referred to in Article 251, after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States,
— acting by a qualified majority on a proposal from the Commission, shall adopt recommendations.
***
Original Lisbon Treaty (ToL)
Although the Treaty of Lisbon is unreadable on its own, it spells out how the current treaties are amended.
Article 2, point 123 of the original Treaty of Lisbon (ToL) tells us that Chapter 3 becomes the new Title XI Education, vocational training, youth and sport(OJ 17.12.2007 C 306/82):
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
123) Chapter 3 shall be renumbered TITLE XI and the words ‘AND YOUTH’ at the end of the
heading shall be replaced by ‘, YOUTH AND SPORT’.
124) Article 149 shall be amended as follows:
(a) in paragraph 1, the following subparagraph shall be inserted:
‘The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.’;
(b) in paragraph 2, fifth indent, the words ‘and encouraging the participation of young people in democratic life in Europe,’ shall be added at the end; the following shall be inserted as the last indent:
‘— developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.’;
(c) in paragraph 3, the words ‘and sport’ shall be added after ‘in the field of education’;
(d) in paragraph 4, the words ‘the Council’ shall be deleted from the introductory phrase and the first indent shall begin with the words ‘the European Parliament and the Council, acting’; the second indent shall begin with the words ‘the Council, on a proposal’.
***
Convention and Constitution
European sporting issues and the European dimension in sport are the main novelties. The additions come from Article III-282 of the Treaty establishing a Constitution for Europe, word for word.
The indent on youth exchange was embellished with encouragement of the participation of young people in democratic life in Europe. Nice, to the extent there can said to be such life at European level, this addition too was taken over from Constitution Article III-282.
Like most of the ‘innovations’ of the Constitutional Treaty, these are based on the proposals of the European Convention in the draft Treaty establishing a Constitution for Europe, although the intergovernmental conference added the reference to the specific nature of sport, its structures based on voluntary activity…
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the Chapter 3 on education, vocational training and youth was first to become Title XI Education, vocational training, youth and sport, but renumbered Title XII in the consolidated version.
Article 149 TEC first became Article 149 TFEU (ToL), then renumbered Article 165 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/217).
***
Consolidated Lisbon Treaty
After the explicit amendments, horizontal amendments and renumbering, Article 165 of the Treaty on the Functioning of the European Union (TFEU) appears as follows in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/120–121:
TITLE XII
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
Article 165 TFEU
(ex Article 149 TEC)
1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.
The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.
2. Union action shall be aimed at:
— developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States,
— encouraging mobility of students and teachers, by encouraging inter alia, the academic recognition of diplomas and periods of study,
— promoting cooperation between educational establishments,
— developing exchanges of information and experience on issues common to the education systems of the Member States,
— encouraging the development of youth exchanges and of exchanges of socio-educational instructors, and encouraging the participation of young people in democratic life in Europe,
— encouraging the development of distance education,
— developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.
3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe.
4. In order to contribute to the achievement of the objectives referred to in this Article:
— the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States,
— the Council, on a proposal from the Commission, shall adopt recommendations.
***
EU competence
Having looked at the powers of the European Union in the areas of education, youth and sport, as set out by the Treaty of Lisbon, it might be helpful to recall the general TFEU provisions on categories and areas of Union competence.
Article 2 TFEU presents the main characteristics of exclusive competence and shared competence before the description in Article 2(5) TFEU:
5. In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.
***
Article 6 TFEU
The policy areas are then formed into rough groups in the following Articles. Here we are interested in Article 6 TFEU. Education, vocational training, youth and sport are mentioned among the areas, where the EU supports, coordinates or supplements member states’ actions:
Article 6 TFEU
The Union shall have competence to carry out actions to support, coordinate or supplement the
actions of the Member States. The areas of such action shall, at European level, be:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.
***
Summaries of legislation: Education
On the Commission’s Scadplus web pages with summaries of legislation, there is one offering a plethora of links to different aspects of Education and training: General framework:
http://europa.eu/scadplus/leg/en/s19004.htm
Lifelong learning and the Lisbon Strategy for Growth and Jobs are common catchwords. The Lifelong learning programme 2007–2013 incorporates many of the best known activities of the European Union, such as the Comenius, Erasmus, Leonardo da Vinci, Grundtvig and Jean Monnet programmes as well as a transversal programme.
General Commission news and links concerning education and training can be found here:
http://ec.europa.eu/education/index_en.htm
***
Summaries of legislation: Youth
The Youth in Action programme 2007–2013 is presented on the following web page:
http://europa.eu/scadplus/leg/en/cha/c11080.htm
For general information about the Commission’s youth activities, you can start here:
http://ec.europa.eu/youth/index_en.htm
***
Sport
The Commission’s activities concerning sport have been targeted at specific issues like sport in education or the combat against doping, but the Lisbon Treaty would widen the scope for supporting action at European level.
You can explore the activities through the Commission’s web page:
http://ec.europa.eu/sport/index_en.htm
***
Specific nature of sport
For a first look at the specific nature of sport within the European Union, you can go to the Commission’s Scadplus web page Incorporating the specific characteristics of sport and its social functions into the implementation of common policies:
http://ec.europa.eu/youth/index_en.htm
An analysis of the issues at stake, by Dr Richard Parrish, can be found here:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62wef15.htm
Given the chance, President Nicolas Sarkozy is seldom tardy in challenging the internal market and competition rules forming the backbone of the European (Economic) Community. The EurActiv article Sarkozy backs European ‘sporting exception’ (14 July 2008):
http://www.euractiv.com/en/sports/sarkozy-backs-european-sporting-exception/article-174130
The big (business) federations of sport have all been keen to explore new possibilities to tailor European legislation to their needs. Here are a few introductory greetings from UEFA, FIFA and the IOC:
http://www.uefa.com/uefa/Keytopics/kind=2048/newsId=480464.html
http://www.fifa.com/aboutfifa/federation/releases/newsid=620034.html
http://www.olympic.org/uk/news/media_centre/press_release_uk.asp?release=2358
Ralf Grahn
There is no denying the importance of sport, from many angles, but lobbyists and lawyers can rejoice that the Lisbon Treaty is not content with the addition, but refers to the specific nature of sport. This is an open invitation to special pleading, of which we have already seen vigorous signs.
Although the Community (Union) powers are puny, the education sector hosts some of the most popular European mobility programmes.
***
Article 149 TEC
Chapter 3 Education, vocational training and youth starts with Article 149 TEC (ex Article 126) setting out European Community (European Union) aims and activities in the policy areas education and youth.
The current Article 149 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/112–113:
CHAPTER 3
EDUCATION, VOCATIONAL TRAINING AND YOUTH
Article 149 TEC
1. The Community shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.
2. Community action shall be aimed at:
— developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States,
— encouraging mobility of students and teachers, by encouraging inter alia, the academic recognition of diplomas and periods of study,
— promoting cooperation between educational establishments,
— developing exchanges of information and experience on issues common to the education systems of the Member States,
— encouraging the development of youth exchanges and of exchanges of socioeducational instructors,
— encouraging the development of distance education.
3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education, in particular the Council of Europe.
4. In order to contribute to the achievement of the objectives referred to in this Article, the Council:
— acting in accordance with the procedure referred to in Article 251, after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States,
— acting by a qualified majority on a proposal from the Commission, shall adopt recommendations.
***
Original Lisbon Treaty (ToL)
Although the Treaty of Lisbon is unreadable on its own, it spells out how the current treaties are amended.
Article 2, point 123 of the original Treaty of Lisbon (ToL) tells us that Chapter 3 becomes the new Title XI Education, vocational training, youth and sport(OJ 17.12.2007 C 306/82):
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
123) Chapter 3 shall be renumbered TITLE XI and the words ‘AND YOUTH’ at the end of the
heading shall be replaced by ‘, YOUTH AND SPORT’.
124) Article 149 shall be amended as follows:
(a) in paragraph 1, the following subparagraph shall be inserted:
‘The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.’;
(b) in paragraph 2, fifth indent, the words ‘and encouraging the participation of young people in democratic life in Europe,’ shall be added at the end; the following shall be inserted as the last indent:
‘— developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.’;
(c) in paragraph 3, the words ‘and sport’ shall be added after ‘in the field of education’;
(d) in paragraph 4, the words ‘the Council’ shall be deleted from the introductory phrase and the first indent shall begin with the words ‘the European Parliament and the Council, acting’; the second indent shall begin with the words ‘the Council, on a proposal’.
***
Convention and Constitution
European sporting issues and the European dimension in sport are the main novelties. The additions come from Article III-282 of the Treaty establishing a Constitution for Europe, word for word.
The indent on youth exchange was embellished with encouragement of the participation of young people in democratic life in Europe. Nice, to the extent there can said to be such life at European level, this addition too was taken over from Constitution Article III-282.
Like most of the ‘innovations’ of the Constitutional Treaty, these are based on the proposals of the European Convention in the draft Treaty establishing a Constitution for Europe, although the intergovernmental conference added the reference to the specific nature of sport, its structures based on voluntary activity…
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the Chapter 3 on education, vocational training and youth was first to become Title XI Education, vocational training, youth and sport, but renumbered Title XII in the consolidated version.
Article 149 TEC first became Article 149 TFEU (ToL), then renumbered Article 165 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/217).
***
Consolidated Lisbon Treaty
After the explicit amendments, horizontal amendments and renumbering, Article 165 of the Treaty on the Functioning of the European Union (TFEU) appears as follows in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/120–121:
TITLE XII
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
Article 165 TFEU
(ex Article 149 TEC)
1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.
The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.
2. Union action shall be aimed at:
— developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States,
— encouraging mobility of students and teachers, by encouraging inter alia, the academic recognition of diplomas and periods of study,
— promoting cooperation between educational establishments,
— developing exchanges of information and experience on issues common to the education systems of the Member States,
— encouraging the development of youth exchanges and of exchanges of socio-educational instructors, and encouraging the participation of young people in democratic life in Europe,
— encouraging the development of distance education,
— developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.
3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe.
4. In order to contribute to the achievement of the objectives referred to in this Article:
— the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States,
— the Council, on a proposal from the Commission, shall adopt recommendations.
***
EU competence
Having looked at the powers of the European Union in the areas of education, youth and sport, as set out by the Treaty of Lisbon, it might be helpful to recall the general TFEU provisions on categories and areas of Union competence.
Article 2 TFEU presents the main characteristics of exclusive competence and shared competence before the description in Article 2(5) TFEU:
5. In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.
***
Article 6 TFEU
The policy areas are then formed into rough groups in the following Articles. Here we are interested in Article 6 TFEU. Education, vocational training, youth and sport are mentioned among the areas, where the EU supports, coordinates or supplements member states’ actions:
Article 6 TFEU
The Union shall have competence to carry out actions to support, coordinate or supplement the
actions of the Member States. The areas of such action shall, at European level, be:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.
***
Summaries of legislation: Education
On the Commission’s Scadplus web pages with summaries of legislation, there is one offering a plethora of links to different aspects of Education and training: General framework:
http://europa.eu/scadplus/leg/en/s19004.htm
Lifelong learning and the Lisbon Strategy for Growth and Jobs are common catchwords. The Lifelong learning programme 2007–2013 incorporates many of the best known activities of the European Union, such as the Comenius, Erasmus, Leonardo da Vinci, Grundtvig and Jean Monnet programmes as well as a transversal programme.
General Commission news and links concerning education and training can be found here:
http://ec.europa.eu/education/index_en.htm
***
Summaries of legislation: Youth
The Youth in Action programme 2007–2013 is presented on the following web page:
http://europa.eu/scadplus/leg/en/cha/c11080.htm
For general information about the Commission’s youth activities, you can start here:
http://ec.europa.eu/youth/index_en.htm
***
Sport
The Commission’s activities concerning sport have been targeted at specific issues like sport in education or the combat against doping, but the Lisbon Treaty would widen the scope for supporting action at European level.
You can explore the activities through the Commission’s web page:
http://ec.europa.eu/sport/index_en.htm
***
Specific nature of sport
For a first look at the specific nature of sport within the European Union, you can go to the Commission’s Scadplus web page Incorporating the specific characteristics of sport and its social functions into the implementation of common policies:
http://ec.europa.eu/youth/index_en.htm
An analysis of the issues at stake, by Dr Richard Parrish, can be found here:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62wef15.htm
Given the chance, President Nicolas Sarkozy is seldom tardy in challenging the internal market and competition rules forming the backbone of the European (Economic) Community. The EurActiv article Sarkozy backs European ‘sporting exception’ (14 July 2008):
http://www.euractiv.com/en/sports/sarkozy-backs-european-sporting-exception/article-174130
The big (business) federations of sport have all been keen to explore new possibilities to tailor European legislation to their needs. Here are a few introductory greetings from UEFA, FIFA and the IOC:
http://www.uefa.com/uefa/Keytopics/kind=2048/newsId=480464.html
http://www.fifa.com/aboutfifa/federation/releases/newsid=620034.html
http://www.olympic.org/uk/news/media_centre/press_release_uk.asp?release=2358
Ralf Grahn
Wednesday, 10 December 2008
European Union: Social Protection Committee
The member states of the European Community (European Union) have agreed to coordinate their social policies and on the possibility to set minimum standards. The Commission supports these efforts.
The Social Protection Committee, in its current form established in 2004, functions in an advisory capacity as a joint forum for the member states’ governments and the Commission.
In the context of the Lisbon Strategy for Growth and Jobs, social cohesion has its own role as an EC (EU) aim. Outside the world of legal acts, the developing open method of coordination (OMC) finds some of its main applications in the fields of social protection and social inclusion. But first we look at what the existing treaty and the Lisbon Treaty have to say about the Social Protection Committee.
***
Article 144 TEC
Article 144 (ex Article 121) of the Treaty establishing the European Community (TEC) concerns the establishment of the advisory Social Protection Committee.
The tasks of the Committee are coordinating in nature, but in the Treaty of Nice they were drafted with the open method of coordination (OMC) in mind.
The customary reference to Article 207 TEC means that the Social Protection Committee – an important sectoral committee – does not jeopardise the status of the Committee of the Permanent Representatives of the Member States (Coreper) as the last stop before matters are laid on the table for decisions by the Ministers in the Council.
The contacts with management and labour in the English treaty version are, as usual, given a more specific meaning in other language versions, which refer to the social partners (or similar).
Whereas the Commission acts as the work-horse, the essentially intergovernmental nature of the Social Protection Committee (and the social policy area) is brought to light by the following facts: The Committee is established by the Council. The tasks are mainly related to policies of the member states. Each member state nominates two members (54 in all), while the Commission is represented by two members.
The current Article 144 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/111:
Article 144 TEC
The Council, after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Community,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 207, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Original Lisbon Treaty (ToL)
Article 2, point 120 of the original Treaty of Lisbon (ToL) amends the preceding Article 143 TEC and point 121 concerns the European Social Fund, so there were no specific amendments to Article 144 TEC (OJ 17.12.2007 C 306/82).
The ‘Community’ is replaced by ‘Union’ according to the horizontal amendment in Article 2, point 2(a) ToL and in the first paragraph the words ‘acting by a simple majority’ are inserted after the Council in accordance with point 4.
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the social policy title was to be renumbered Title X. Article 144 TEC first became Article 144 TFEU (ToL), then to be renumbered Article 160 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/216).
***
Consolidated Lisbon Treaty
After these modest adjustments Article 160 of the Treaty on the Functioning of the European Union (TFEU), appears as follows in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/118–119:
(TITLE X
SOCIAL POLICY)
Article 160 TFEU
(ex Article 144 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Union,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 240, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
The social situation in the European Union 2007
Just as a reminder I recall the general social policy report mentioned in the previous blog post and in the context of the preceding treaty Article.
The Commission’s (Directorate-General for Employment, Social Affairs and Equal Opportunities; Eurostat) latest annual social policy report is called The Social Situation in the European Union 2007 – Social Cohesion through Equal Opportunities (published 2008; 199 pages):
http://ec.europa.eu/employment_social/spsi/docs/social_situation/ssr2007_en.pdf
For a quick take on the findings, you can read the press release issued when the report was published, 22 May 2008 (MEMO/08/326):
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/326
***
Social Protection Committee: Secondary legislation
If we return to the Social Protection Committee, the following step from a legal point of view is to look at the Council Decision whereby it was established as it exists now.
The current Social Protection Committee was established by Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC ( published OJ 13.10.2004 L 314/8). Even for those less interested in the legal technicalities, the Recitals (Whereas) laying out the existing rules and the reasons for the new ones are often the beast means to get a quick overview, especially if textbooks and other publications have not been updated at the time.
Based on Article 144 TEC, the Council Decision can be found here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:314:0008:0010:EN:PDF
***
Further reading
The Commission’s Scadplus web pages offer main points of Community legislation in a readable format. The page Social Protection Committee can be found here:
http://europa.eu/scadplus/leg/en/cha/c10119.htm
***
Activities: Lisbon Strategy and social cohesion
Even a lawyer has to admit the existence of other breeds of people, who might be interested in various real life occurrences like the activities of a high-level committee. As a concession to such interests, here are a few references to EU social policy (within the framework of EU law), including the context (Lisbon Strategy for Growth and Jobs) and the open method of coordination (OMC).
The Commission’s Directorate-General Employment, Social Affairs and Equal Opportunities presents information about the activities, with links to additional information. Under the banner of the Lisbon Strategy and its aim to achieve social cohesion, the page The Social Protection Committee lays stress on the open method of coordination (OMC). The links in this regard may be of interest to some readers:
http://ec.europa.eu/employment_social/spsi/social_protection_committee_en.htm
***
Open method of coordination (OMC)
In the context of social cohesion the web page The process: the Open Method of Coordination presents main features of the OMC, including the Commission’s recent proposal to reinforce the open method of coordination for social protection and social inclusion COM/2008/0418 final. There are also links to additional pages on the OMC, i.a. Common objectives, Common indicators, National Strategic Reports:
http://ec.europa.eu/employment_social/spsi/the_process_en.htm
***
Joint reports
Joint reports by the Commission and the Council are further explained on the web page Joint reports:
http://ec.europa.eu/employment_social/spsi/joint_reports_en.htm
***
Joint report 2008
The latest version, the Joint Report on Social Protection and Social Inclusion 2008 (Council document 7274/08) is available here.
http://register.consilium.europa.eu/pdf/en/08/st07/st07274.en08.pdf
The joint report was based on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Proposal for the Joint Report on social protection and social inclusion 2008, COM/2008/0042 final, with additional information in document {SEC(2008) 91}, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0042:FIN:EN:PDF
***
The next spring European Council, this time under the Czech Council Presidency, is looming on the horizon. This means that preparatory documents will start to appear on various aspects of the Lisbon Strategy for Growth and Jobs ahead of the Council formations which finalise the groundwork for the heads of state or government in March 2009.
Ralf Grahn
The Social Protection Committee, in its current form established in 2004, functions in an advisory capacity as a joint forum for the member states’ governments and the Commission.
In the context of the Lisbon Strategy for Growth and Jobs, social cohesion has its own role as an EC (EU) aim. Outside the world of legal acts, the developing open method of coordination (OMC) finds some of its main applications in the fields of social protection and social inclusion. But first we look at what the existing treaty and the Lisbon Treaty have to say about the Social Protection Committee.
***
Article 144 TEC
Article 144 (ex Article 121) of the Treaty establishing the European Community (TEC) concerns the establishment of the advisory Social Protection Committee.
The tasks of the Committee are coordinating in nature, but in the Treaty of Nice they were drafted with the open method of coordination (OMC) in mind.
The customary reference to Article 207 TEC means that the Social Protection Committee – an important sectoral committee – does not jeopardise the status of the Committee of the Permanent Representatives of the Member States (Coreper) as the last stop before matters are laid on the table for decisions by the Ministers in the Council.
The contacts with management and labour in the English treaty version are, as usual, given a more specific meaning in other language versions, which refer to the social partners (or similar).
Whereas the Commission acts as the work-horse, the essentially intergovernmental nature of the Social Protection Committee (and the social policy area) is brought to light by the following facts: The Committee is established by the Council. The tasks are mainly related to policies of the member states. Each member state nominates two members (54 in all), while the Commission is represented by two members.
The current Article 144 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/111:
Article 144 TEC
The Council, after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Community,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 207, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Original Lisbon Treaty (ToL)
Article 2, point 120 of the original Treaty of Lisbon (ToL) amends the preceding Article 143 TEC and point 121 concerns the European Social Fund, so there were no specific amendments to Article 144 TEC (OJ 17.12.2007 C 306/82).
The ‘Community’ is replaced by ‘Union’ according to the horizontal amendment in Article 2, point 2(a) ToL and in the first paragraph the words ‘acting by a simple majority’ are inserted after the Council in accordance with point 4.
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the social policy title was to be renumbered Title X. Article 144 TEC first became Article 144 TFEU (ToL), then to be renumbered Article 160 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/216).
***
Consolidated Lisbon Treaty
After these modest adjustments Article 160 of the Treaty on the Functioning of the European Union (TFEU), appears as follows in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/118–119:
(TITLE X
SOCIAL POLICY)
Article 160 TFEU
(ex Article 144 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Union,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 240, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
The social situation in the European Union 2007
Just as a reminder I recall the general social policy report mentioned in the previous blog post and in the context of the preceding treaty Article.
The Commission’s (Directorate-General for Employment, Social Affairs and Equal Opportunities; Eurostat) latest annual social policy report is called The Social Situation in the European Union 2007 – Social Cohesion through Equal Opportunities (published 2008; 199 pages):
http://ec.europa.eu/employment_social/spsi/docs/social_situation/ssr2007_en.pdf
For a quick take on the findings, you can read the press release issued when the report was published, 22 May 2008 (MEMO/08/326):
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/326
***
Social Protection Committee: Secondary legislation
If we return to the Social Protection Committee, the following step from a legal point of view is to look at the Council Decision whereby it was established as it exists now.
The current Social Protection Committee was established by Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC ( published OJ 13.10.2004 L 314/8). Even for those less interested in the legal technicalities, the Recitals (Whereas) laying out the existing rules and the reasons for the new ones are often the beast means to get a quick overview, especially if textbooks and other publications have not been updated at the time.
Based on Article 144 TEC, the Council Decision can be found here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:314:0008:0010:EN:PDF
***
Further reading
The Commission’s Scadplus web pages offer main points of Community legislation in a readable format. The page Social Protection Committee can be found here:
http://europa.eu/scadplus/leg/en/cha/c10119.htm
***
Activities: Lisbon Strategy and social cohesion
Even a lawyer has to admit the existence of other breeds of people, who might be interested in various real life occurrences like the activities of a high-level committee. As a concession to such interests, here are a few references to EU social policy (within the framework of EU law), including the context (Lisbon Strategy for Growth and Jobs) and the open method of coordination (OMC).
The Commission’s Directorate-General Employment, Social Affairs and Equal Opportunities presents information about the activities, with links to additional information. Under the banner of the Lisbon Strategy and its aim to achieve social cohesion, the page The Social Protection Committee lays stress on the open method of coordination (OMC). The links in this regard may be of interest to some readers:
http://ec.europa.eu/employment_social/spsi/social_protection_committee_en.htm
***
Open method of coordination (OMC)
In the context of social cohesion the web page The process: the Open Method of Coordination presents main features of the OMC, including the Commission’s recent proposal to reinforce the open method of coordination for social protection and social inclusion COM/2008/0418 final. There are also links to additional pages on the OMC, i.a. Common objectives, Common indicators, National Strategic Reports:
http://ec.europa.eu/employment_social/spsi/the_process_en.htm
***
Joint reports
Joint reports by the Commission and the Council are further explained on the web page Joint reports:
http://ec.europa.eu/employment_social/spsi/joint_reports_en.htm
***
Joint report 2008
The latest version, the Joint Report on Social Protection and Social Inclusion 2008 (Council document 7274/08) is available here.
http://register.consilium.europa.eu/pdf/en/08/st07/st07274.en08.pdf
The joint report was based on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Proposal for the Joint Report on social protection and social inclusion 2008, COM/2008/0042 final, with additional information in document {SEC(2008) 91}, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0042:FIN:EN:PDF
***
The next spring European Council, this time under the Czech Council Presidency, is looming on the horizon. This means that preparatory documents will start to appear on various aspects of the Lisbon Strategy for Growth and Jobs ahead of the Council formations which finalise the groundwork for the heads of state or government in March 2009.
Ralf Grahn
Thursday, 27 November 2008
EU Lisbon Strategy: National Reform Programmes 2008
The EU member states have prepared new National Reform Programmes (NRPs) in the context of the relaunched Lisbon Strategy for Growth and Jobs. The Employment page I first looked at when writing the previous blog post was not fully up to date, but the Commission has another web page dedicated to these instruments for economic reform and peer review. NRPs may be available in the national language(s) before the translations are published.
***
Commission web page
Under the theme of Growth and Jobs, the European Commission offers links to the updated National Reform Programmes on the web page Action plans and updated National Reform Programmes (2008–2010). Most of the new documents are from October 2008:
http://ec.europa.eu/growthandjobs/national-dimension/member-states-2008-2010-reports/index_en.htm
***
Updated National Reform Programmes 2008–2010
The NPRs are usually available in the national language(s), but I looked primarily for English translations which facilitate multilateral learning within the EU framework.
With the help of the Commission web page I found updated NRPs in English from the following EU member states: Austria (47 pages), Bulgaria (28 pages, plus Action Plan 37 pages), the Czech Republic (85 pages), Denmark (117 pages), Estonia (115 pages), Finland (117 pages), France (75 pages), Germany (76 pages), Greece (88 pages), Hungary (169 pages), Ireland (97 pages), Latvia (137 pages), Lithuania (67 pages), Malta (101 pages), Portugal (343 pages), Romania (Report 160 pages plus Action Plan 15 pages), Slovakia (46 pages), Slovenia (130 pages), Spain (225 pages), the Netherlands (76 pages), Sweden (128 pages) and the United Kingdom (44 pages).
***
Belgium
Although the Commission web page had links to the French and Dutch versions of the NPR of Belgium, and English translation is available.
Belgium’s Lisbon Strategy National Reform Programme 2008–2010 (October 2008; 142 pages) is available at:
http://www.be2010.eu/admin/uploaded/200811051451510.NRP2008_ENweb.pdf
***
Other languages
German: Of the more commonly used EU languages, both Austria’s and Germany’s NPRs are naturally available in German.
In Italian: The NPR of Italy (98 pages) seems to be available only in Italian.
French: The Luxembourg (67 pages) seems to be available only in French. Naturally, Belgium and France present French versions.
Dutch: Both Belgium and the Netherlands have NPRs in Dutch.
***
Quantity and quality?
The programmes follow common basic patterns, but the weighting between reporting elements and plans for new reforms vary. The number of pages is not an indication of quality of actions taken or planned, but a quantitative measure of the formidable reading task ahead of Community and ministry officials, who want to mine the documents for good ideas.
***
Missing National Reform Programmes?
I failed to find updated NPRs from Cyprus and from Poland.
Perhaps one of our readers has additional information.
***
Open coordination
The Lisbon Strategy (including the employment aims) is an example of the open method of coordination. The intensive contacts within the European Union make it into the world’s largest learning organisation.
Hopefully, this bodes better for the second half of the Lisbon Strategy and for the post-Lisbon reform strategy, than it did during the first five years from 2000.
Ralf Grahn
***
Commission web page
Under the theme of Growth and Jobs, the European Commission offers links to the updated National Reform Programmes on the web page Action plans and updated National Reform Programmes (2008–2010). Most of the new documents are from October 2008:
http://ec.europa.eu/growthandjobs/national-dimension/member-states-2008-2010-reports/index_en.htm
***
Updated National Reform Programmes 2008–2010
The NPRs are usually available in the national language(s), but I looked primarily for English translations which facilitate multilateral learning within the EU framework.
With the help of the Commission web page I found updated NRPs in English from the following EU member states: Austria (47 pages), Bulgaria (28 pages, plus Action Plan 37 pages), the Czech Republic (85 pages), Denmark (117 pages), Estonia (115 pages), Finland (117 pages), France (75 pages), Germany (76 pages), Greece (88 pages), Hungary (169 pages), Ireland (97 pages), Latvia (137 pages), Lithuania (67 pages), Malta (101 pages), Portugal (343 pages), Romania (Report 160 pages plus Action Plan 15 pages), Slovakia (46 pages), Slovenia (130 pages), Spain (225 pages), the Netherlands (76 pages), Sweden (128 pages) and the United Kingdom (44 pages).
***
Belgium
Although the Commission web page had links to the French and Dutch versions of the NPR of Belgium, and English translation is available.
Belgium’s Lisbon Strategy National Reform Programme 2008–2010 (October 2008; 142 pages) is available at:
http://www.be2010.eu/admin/uploaded/200811051451510.NRP2008_ENweb.pdf
***
Other languages
German: Of the more commonly used EU languages, both Austria’s and Germany’s NPRs are naturally available in German.
In Italian: The NPR of Italy (98 pages) seems to be available only in Italian.
French: The Luxembourg (67 pages) seems to be available only in French. Naturally, Belgium and France present French versions.
Dutch: Both Belgium and the Netherlands have NPRs in Dutch.
***
Quantity and quality?
The programmes follow common basic patterns, but the weighting between reporting elements and plans for new reforms vary. The number of pages is not an indication of quality of actions taken or planned, but a quantitative measure of the formidable reading task ahead of Community and ministry officials, who want to mine the documents for good ideas.
***
Missing National Reform Programmes?
I failed to find updated NPRs from Cyprus and from Poland.
Perhaps one of our readers has additional information.
***
Open coordination
The Lisbon Strategy (including the employment aims) is an example of the open method of coordination. The intensive contacts within the European Union make it into the world’s largest learning organisation.
Hopefully, this bodes better for the second half of the Lisbon Strategy and for the post-Lisbon reform strategy, than it did during the first five years from 2000.
Ralf Grahn
Wednesday, 5 November 2008
State aid: Public service broadcasting
With practically every media company active on-line, the Communication from the Commission on the application of state aid rules to public service broadcasting (4 November 2008) is going to be read closely.
In addition, the European Commission wants to incorporate its own decisions and relevant European Court decisions into its coming guideline in order to add legal certainty to complex questions, and to give member states added guidance.
Member states have broad discretion to decide on the type of public broadcasting they want, if any, but the Commission monitors that state aid given to public broadcasters does not harm commercial competitors. The number of complaints from private operators has been rising.
The Communication is available at:
http://ec.europa.eu/comm/competition/consultations/broadcasting_communication_en.pdf
Stakeholders are invited to make their observations by 15 January 2009.
***
There are at least three interesting papers accompanying the Broadcasting Communication.
Press release
The press release presents a quick overview of the matter:
State aid: Commission consults on revised rules for state funding of public service broadcasting (4 November 2008)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1626&format=HTML&aged=0&language=EN&guiLanguage=en
FACs
Frequently asked questions offer a bit more on interesting or controversial details.
State aid: Commission consults on revised rules for state funding of public service broadcasting - frequently asked questions (4 November 2008)
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/671&format=HTML&aged=0&language=EN&guiLanguage=en
Summary of broadcasting decisions
The Commission’s Competition Directorate-General has compiled a convenient list of broadcasting decisions: Commission decisions on State aid to public service broadcasting (1999-2008).
The list is available at:
http://ec.europa.eu/comm/competition/sectors/media/decisions_psb.pdf
Ralf Grahn
In addition, the European Commission wants to incorporate its own decisions and relevant European Court decisions into its coming guideline in order to add legal certainty to complex questions, and to give member states added guidance.
Member states have broad discretion to decide on the type of public broadcasting they want, if any, but the Commission monitors that state aid given to public broadcasters does not harm commercial competitors. The number of complaints from private operators has been rising.
The Communication is available at:
http://ec.europa.eu/comm/competition/consultations/broadcasting_communication_en.pdf
Stakeholders are invited to make their observations by 15 January 2009.
***
There are at least three interesting papers accompanying the Broadcasting Communication.
Press release
The press release presents a quick overview of the matter:
State aid: Commission consults on revised rules for state funding of public service broadcasting (4 November 2008)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1626&format=HTML&aged=0&language=EN&guiLanguage=en
FACs
Frequently asked questions offer a bit more on interesting or controversial details.
State aid: Commission consults on revised rules for state funding of public service broadcasting - frequently asked questions (4 November 2008)
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/671&format=HTML&aged=0&language=EN&guiLanguage=en
Summary of broadcasting decisions
The Commission’s Competition Directorate-General has compiled a convenient list of broadcasting decisions: Commission decisions on State aid to public service broadcasting (1999-2008).
The list is available at:
http://ec.europa.eu/comm/competition/sectors/media/decisions_psb.pdf
Ralf Grahn
Tuesday, 4 November 2008
Enterprise Europe Network
The Enterprise Europe Network (EEN) offers support and advice to businesses across Europe and its services are specifically designed for small and medium-sized enterprises (SMEs).
Launched in 2008, the EEN offers concrete and effective solutions to entrepreneurs and companies in more than 40 countries, including the 27 EU member states, three EU candidate countries (Croatia, the former Yugoslav Republic of Macedonia and Turkey), members of the European Economic Area (EEA) and other participating third countries. The network operates through 600 local partners, in other words, several contact points in each country.
The web address of the EEN is:
http://www.enterprise-europe-network.ec.europa.eu/index_en.htm
Ralf Grahn
Launched in 2008, the EEN offers concrete and effective solutions to entrepreneurs and companies in more than 40 countries, including the 27 EU member states, three EU candidate countries (Croatia, the former Yugoslav Republic of Macedonia and Turkey), members of the European Economic Area (EEA) and other participating third countries. The network operates through 600 local partners, in other words, several contact points in each country.
The web address of the EEN is:
http://www.enterprise-europe-network.ec.europa.eu/index_en.htm
Ralf Grahn
Monday, 3 November 2008
EU public procurement: Best practices for small business II
In the context of the Small Business Act for Europe, the European Commission suggested public contracting improvements in the Commission staff working document ‘European Code of Best Practices - Facilitating Access by SMEs to Public Procurement Contracts’, Brussels, 25.6.2008 SEC(2008) 2193 (22 pages):
http://ec.europa.eu/internal_market/publicprocurement/docs/sme_code_of_best_practices_en.pdf
In this second post on the European Code of Best Practices, we look at the rest of the proposals concerning public procurement.
***
Reasonable selection criteria and financial requirements
Selection criteria have to be relevant to the contract and proportionate to the task. Unreasonable demands limit the number of bidders.
Economic operators and groups of economic operators can prove their combined economic and financial standing and technical ability. This offers opportunities for small and medium-sized enterprises (SMEs).
Less taxing financial guarantees improve the participation of SMEs.
***
Red tape
‘Alleviating the administrative burden’ is the section where the Commission discusses how to cut some of the red tape posed by the Procurement Directive. If reasonably applied, the Directive would for instance require only the best bidder to present all the certificates demanded.
The purchasing authority could accept documentation already submitted in another recent tender process.
Short and simple forms and certificates would help SMEs to provide the relevant information to the contracting authorities in time.
***
Value for money
The Code of Best Practices underlines the option to award contracts, not on the lowest price, but to the economically most advantageous offer, where quality, technical merit, functional characteristics, running costs, cost-effectiveness, after-sales services etc., as well as life-cycle costs, could offer opportunities to innovative SMEs.
When contracting authorities define their needs in terms of performance and functional requirements, innovative SMEs may be better able to submit bids.
***
Sufficient time
Prior notices can help small and medium-sized companies to find partners for joint bidding.
***
Paying on time
Improved payment terms and practices are crucial for SMEs, which seldom have large reserves of liquidity.
***
By highlighting good practices from various member states, the Commission encourages the same kind of meritorious competition between regulatory systems as embedded in the open method of coordination.
Ralf Grahn
http://ec.europa.eu/internal_market/publicprocurement/docs/sme_code_of_best_practices_en.pdf
In this second post on the European Code of Best Practices, we look at the rest of the proposals concerning public procurement.
***
Reasonable selection criteria and financial requirements
Selection criteria have to be relevant to the contract and proportionate to the task. Unreasonable demands limit the number of bidders.
Economic operators and groups of economic operators can prove their combined economic and financial standing and technical ability. This offers opportunities for small and medium-sized enterprises (SMEs).
Less taxing financial guarantees improve the participation of SMEs.
***
Red tape
‘Alleviating the administrative burden’ is the section where the Commission discusses how to cut some of the red tape posed by the Procurement Directive. If reasonably applied, the Directive would for instance require only the best bidder to present all the certificates demanded.
The purchasing authority could accept documentation already submitted in another recent tender process.
Short and simple forms and certificates would help SMEs to provide the relevant information to the contracting authorities in time.
***
Value for money
The Code of Best Practices underlines the option to award contracts, not on the lowest price, but to the economically most advantageous offer, where quality, technical merit, functional characteristics, running costs, cost-effectiveness, after-sales services etc., as well as life-cycle costs, could offer opportunities to innovative SMEs.
When contracting authorities define their needs in terms of performance and functional requirements, innovative SMEs may be better able to submit bids.
***
Sufficient time
Prior notices can help small and medium-sized companies to find partners for joint bidding.
***
Paying on time
Improved payment terms and practices are crucial for SMEs, which seldom have large reserves of liquidity.
***
By highlighting good practices from various member states, the Commission encourages the same kind of meritorious competition between regulatory systems as embedded in the open method of coordination.
Ralf Grahn
Wednesday, 24 September 2008
EU: Broad economic policy guidelines IV
Would the EU Treaty of Lisbon do anything to attain the goals of the European Union, to achieve convergence and to enhance monitoring of the national economic policies?
***
I found no specific mention of the economic and monetary policy in the mandate of the intergovernmental conference (IGC 2007 Mandate, Council document 11218/07, 26 June 2007).
The present Treaty establishing the European Community (TEC) was to become the Treaty on the Functioning of the European Union (TFEU), and the innovations as agreed in the 2004 IGC were to be inserted into the Treaty by way of specific modifications in the usual manner (points 17 and 18, pages 6 and 7).
***
In Article 2, point 86 of the Treaty of Lisbon (ToL) the IGC 2007 amended Article 99 TEC (OJ 17.12.2007 C 306/70─71):
86) Article 99 shall be amended as follows:
(a) in paragraph 4, the first sentence of the first subparagraph shall be replaced by the following two sentences:
‘Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned.’;
(b) the second subparagraph of paragraph 4 shall become paragraph 5 and the current paragraph 5 shall be renumbered 6;
(c) the following two new subparagraphs shall be inserted in paragraph 4:
‘Within the scope of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.
A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).’;
(d) in paragraph 5, renumbered 6, the words ‘The Council, acting in accordance with the procedure referred to in Article 252, may adopt detailed rules’ shall be replaced by the following: ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adopt detailed rules’, the words ‘of this Article’ shall be deleted.
***
The TFEU table of equivalences confirms that the new Article 99 TFEU (ToL) in the original Treaty of Lisbon was later renumbered Article 121 TFEU in the consolidated version, under the title ‘Economic and monetary policy’ renumbered Title VIII (OJ 17.12.2007 C 306/211─212).
***
Article 121 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/97─98:
Part Three Union policies and internal actions
Title VIII Economic and monetary policy
Chapter 1 Economic policy
Article 121 Lisbon Treaty
(ex Article 99 TEC)
1. Member States shall regard their economic policies as a matter of common concern and shall coordinate them within the Council, in accordance with the provisions of Article 120.
2. The Council shall, on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Union, and shall report its findings to the European Council.
The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Union.
On the basis of this conclusion, the Council shall adopt a recommendation setting out these broad guidelines. The Council shall inform the European Parliament of its recommendation.
3. In order to ensure closer coordination of economic policies and sustained convergence of the economic performances of the Member States, the Council shall, on the basis of reports submitted by the Commission, monitor economic developments in each of the Member States and in the Union as well as the consistency of economic policies with the broad guidelines referred to in paragraph 2, and regularly carry out an overall assessment.
For the purpose of this multilateral surveillance, Member States shall forward information to the Commission about important measures taken by them in the field of their economic policy and such other information as they deem necessary.
4. Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned. The Council may, on a proposal from the Commission, decide to make its recommendations public.
Within the scope of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.
A qualified majority of the other members of the Council shall be defined in accordance with Article 238(3)(a).
5. The President of the Council and the Commission shall report to the European Parliament on the results of multilateral surveillance. The President of the Council may be invited to appear before the competent committee of the European Parliament if the Council has made its recommendations public.
6. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adopt detailed rules for the multilateral surveillance procedure referred to in paragraphs 3 and 4.
***
Those who have followed the path from Article 99 TEC, through the draft Constitution and the Constitution, until Article 121 of the consolidated Treaty of Lisbon, see that the bulk of the provision ─ indeed, of the different treaty versions ─ is almost identical.
The Lisbon Treaty introduces minor changes, in the footsteps of the European Convention: In paragraph 4, the Commission is allowed to issue a first warning to a member state at deviance. Technically, the rules on qualified majority voting have been solved by a referral to Article 238(3)(a) TFEU.
***
For the convenience of readers, Article 238(3)(a) TFEU is reproduced here (OJ 9.5.2008 C 115/154):
“3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on
transitional provisions, in cases where, under the Treaties, not all the members of the Council
participate in voting, a qualified majority shall be defined as follows:
(a) A qualified majority shall be defined as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.
A blocking minority must include at least the minimum number of Council members representing
more than 35 % of the population of the participating Member States, plus one member, failing
which the qualified majority shall be deemed attained;”
***
The following instalment is going to take a look at some comments concerning Article 121 TFEU.
Ralf Grahn
***
I found no specific mention of the economic and monetary policy in the mandate of the intergovernmental conference (IGC 2007 Mandate, Council document 11218/07, 26 June 2007).
The present Treaty establishing the European Community (TEC) was to become the Treaty on the Functioning of the European Union (TFEU), and the innovations as agreed in the 2004 IGC were to be inserted into the Treaty by way of specific modifications in the usual manner (points 17 and 18, pages 6 and 7).
***
In Article 2, point 86 of the Treaty of Lisbon (ToL) the IGC 2007 amended Article 99 TEC (OJ 17.12.2007 C 306/70─71):
86) Article 99 shall be amended as follows:
(a) in paragraph 4, the first sentence of the first subparagraph shall be replaced by the following two sentences:
‘Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned.’;
(b) the second subparagraph of paragraph 4 shall become paragraph 5 and the current paragraph 5 shall be renumbered 6;
(c) the following two new subparagraphs shall be inserted in paragraph 4:
‘Within the scope of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.
A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).’;
(d) in paragraph 5, renumbered 6, the words ‘The Council, acting in accordance with the procedure referred to in Article 252, may adopt detailed rules’ shall be replaced by the following: ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adopt detailed rules’, the words ‘of this Article’ shall be deleted.
***
The TFEU table of equivalences confirms that the new Article 99 TFEU (ToL) in the original Treaty of Lisbon was later renumbered Article 121 TFEU in the consolidated version, under the title ‘Economic and monetary policy’ renumbered Title VIII (OJ 17.12.2007 C 306/211─212).
***
Article 121 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/97─98:
Part Three Union policies and internal actions
Title VIII Economic and monetary policy
Chapter 1 Economic policy
Article 121 Lisbon Treaty
(ex Article 99 TEC)
1. Member States shall regard their economic policies as a matter of common concern and shall coordinate them within the Council, in accordance with the provisions of Article 120.
2. The Council shall, on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Union, and shall report its findings to the European Council.
The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Union.
On the basis of this conclusion, the Council shall adopt a recommendation setting out these broad guidelines. The Council shall inform the European Parliament of its recommendation.
3. In order to ensure closer coordination of economic policies and sustained convergence of the economic performances of the Member States, the Council shall, on the basis of reports submitted by the Commission, monitor economic developments in each of the Member States and in the Union as well as the consistency of economic policies with the broad guidelines referred to in paragraph 2, and regularly carry out an overall assessment.
For the purpose of this multilateral surveillance, Member States shall forward information to the Commission about important measures taken by them in the field of their economic policy and such other information as they deem necessary.
4. Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned. The Council may, on a proposal from the Commission, decide to make its recommendations public.
Within the scope of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.
A qualified majority of the other members of the Council shall be defined in accordance with Article 238(3)(a).
5. The President of the Council and the Commission shall report to the European Parliament on the results of multilateral surveillance. The President of the Council may be invited to appear before the competent committee of the European Parliament if the Council has made its recommendations public.
6. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adopt detailed rules for the multilateral surveillance procedure referred to in paragraphs 3 and 4.
***
Those who have followed the path from Article 99 TEC, through the draft Constitution and the Constitution, until Article 121 of the consolidated Treaty of Lisbon, see that the bulk of the provision ─ indeed, of the different treaty versions ─ is almost identical.
The Lisbon Treaty introduces minor changes, in the footsteps of the European Convention: In paragraph 4, the Commission is allowed to issue a first warning to a member state at deviance. Technically, the rules on qualified majority voting have been solved by a referral to Article 238(3)(a) TFEU.
***
For the convenience of readers, Article 238(3)(a) TFEU is reproduced here (OJ 9.5.2008 C 115/154):
“3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on
transitional provisions, in cases where, under the Treaties, not all the members of the Council
participate in voting, a qualified majority shall be defined as follows:
(a) A qualified majority shall be defined as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.
A blocking minority must include at least the minimum number of Council members representing
more than 35 % of the population of the participating Member States, plus one member, failing
which the qualified majority shall be deemed attained;”
***
The following instalment is going to take a look at some comments concerning Article 121 TFEU.
Ralf Grahn
Tuesday, 1 July 2008
French EU presidency programme
For those who want to dig deeper than the media reports at the start of the French presidency of the Council of the European Union, the Work programme 1 July – 31 December 2008 is available in English on the presidency web pages:
http://www.ue2008.fr/webdav/site/PFUE/shared/import/0601_presidence_du_conseil_programme/programme_EN.pdf
Called ‘Europe taking action to meet today’s challenges’, the 33 page Work programme is a valuable inventory of ongoing and commencing matters in the European Union. The main themes, divided under a plethora of subheadings, are:
1. Making Europe a model of sustainable social, ecological and economic development
2. Making Europe more attentive to the rights, security and aspirations of citizens
3. Reinforcing Europe’s role on the international stage
Given effective vacation closure during August, the events calendar for the rest of this ‘short’ presidency is packed with conferences and events, which give the reader an additional view into topical EU themes.
Ralf Grahn
http://www.ue2008.fr/webdav/site/PFUE/shared/import/0601_presidence_du_conseil_programme/programme_EN.pdf
Called ‘Europe taking action to meet today’s challenges’, the 33 page Work programme is a valuable inventory of ongoing and commencing matters in the European Union. The main themes, divided under a plethora of subheadings, are:
1. Making Europe a model of sustainable social, ecological and economic development
2. Making Europe more attentive to the rights, security and aspirations of citizens
3. Reinforcing Europe’s role on the international stage
Given effective vacation closure during August, the events calendar for the rest of this ‘short’ presidency is packed with conferences and events, which give the reader an additional view into topical EU themes.
Ralf Grahn
Saturday, 24 May 2008
EU TFEU: Transport advisory committee
The EU Treaty of Lisbon retains the advisory committee of national experts on transport matters.
***
Article 99 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/87:
Part Three ‘Policies and internal actions of the Union’
Title VI TFEU ‘Transport’
Article 99 TFEU
(ex Article 79 TEC)
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters.
***
In Article 2, point 74 of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) laid out the specific amendments to Article 79 TEC (OJ 17.12.2007 C 306/68).
74) In Article 79, the phrase ‘without prejudice to the powers of the Economic and Social Committee’ shall be deleted.
***
The TFEU table of equivalences tells us that Article 79 TEC first became Article 79 TFEU (ToL), but later renumbered Article 99 TFEU in the consolidated version (OJ 17.12.2007 C 306/210).
***
The current Article 79 of the Treaty establishing the European Community (TEC) is found under Title V ‘Transport’ in the latest consolidated version of the treaties in force (OJ 29.12.2006 C 321 E/73):
Article 79 TEC
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters without prejudice to the powers of the Economic and Social Committee.
***
For the sake of a systematic comparison, we look at the Article during the previous treaty reform stages.
First, we turn to the European Convention.
Article III-142 of the draft Treaty establishing a Constitution for Europe looked like this (OJ 18.7.2003 C 169/55):
Article III-142 Draft Constitution
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters.
***
Article III-244 of the Treaty establishing a Constitution for Europe adopted the wording of the European Convention without change (OJ 16.12.2004 C 310/107).
***
We see that the Lisbon Treaty amendment was part of the draft Constitution.
***
What have others said about Article 99 TFEU?
United Kingdom
Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty establishing the European Community (TEC): Internal Market and competition’ (Version 2, 23 October 2007) includes the current Title V Transport.
Peers highlighted the amendment of Article 79 TEC and TFEU (ToL), to be renumbered Article 99 TFEU in the consolidated version, but made no comment (page 23).
The analysis 3.3 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). It offers the following comment on Article 99 TFEU, Article 79 TFEU (ToL) in the original Lisbon Treaty (page 11):
“In substance the same as Article 79 TEC.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) wrapped up Transport in a brief comment on page 56:
“F. Transport
Title V, Articles 70-80 (Constitution Articles III-236 – 245) are on transport and are based largely on Articles 70 – 75 TEC, but with a change in the voting procedure to the OLP with QMV, except for Article 72, which replaces unanimity in the Constitution Article III-237 with a “special legislative procedure”. Other, minor, changes are Article 75(c), which adds the EP to those bodies to be consulted, and Article 78 (Constitution Article III-243), allowing the Article concerning German unification to be repealed after 5 years.
Present Articles 154 – 156 on Trans-European Networks (TENS) have been moved to Title VII and contain only minor amendments.”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) made no explicit reference to Article 99 TFEU.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Sweden
The consultation paper of the government of Sweden, ‘Lissabonfördraget; Statsrådsberedningen, Departementsserien (Ds), Ds 2007:48’ published 20 December 2007, bundled together transport and trans-European networks under the headline ‘Transporter och transeuropeiska nät’ (page 280 to 282).
The text offers an overview of the coming Title VI ‘Transport’, but it makes no reference to Article 79 TEC and TFEU (ToL).
The consultation paper ’Lissabonfördraget’ is available at:
http://www.regeringen.se/content/1/c6/09/49/81/107aa077.pdf
***
Finland
The Finnish ratification bill, ‘Hallituksen esitys Eduskunnalle Euroopan unionista tehdyn sopimuksen ja Euroopan yhteisön perustamissopimuksen muuttamisesta tehdyn Lissabonin sopimuksen hyväksymisestä ja laiksi sen lainsäädännön alaan kuuluvien määräysten voimaansaattamisesta’ (HE 23/2008 vp), mentions the words deleted from Article 79 TFEU (ToL), renumbered Article 99 TFEU, and adds the observation that the contents are the same as in ArticleIII-244 of the Constitutional Treaty (page 206).
The Finnish ratification bill is available at:
http://www.finlex.fi/fi/esitykset/he/2008/20080023.pdf
The Swedish language version of the ratification bill ‘Regeringens proposition till Riksdagen med förslag om godkännande av Lissabonfördraget om ändring av fördraget om Europeiska unionen och fördraget om upprättandet av Europeiska gemenskapen och till lag om sättande i kraft av de bestämmelser i fördraget som hör till området för lagstiftningen’ (RP 23/2008 rd), offers the same observations on page 209.
The ratification bill in Swedish can be accessed at:
http://www.finlex.fi/sv/esitykset/he/2008/20080023.pdf
Ralf Grahn
***
Article 99 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/87:
Part Three ‘Policies and internal actions of the Union’
Title VI TFEU ‘Transport’
Article 99 TFEU
(ex Article 79 TEC)
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters.
***
In Article 2, point 74 of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) laid out the specific amendments to Article 79 TEC (OJ 17.12.2007 C 306/68).
74) In Article 79, the phrase ‘without prejudice to the powers of the Economic and Social Committee’ shall be deleted.
***
The TFEU table of equivalences tells us that Article 79 TEC first became Article 79 TFEU (ToL), but later renumbered Article 99 TFEU in the consolidated version (OJ 17.12.2007 C 306/210).
***
The current Article 79 of the Treaty establishing the European Community (TEC) is found under Title V ‘Transport’ in the latest consolidated version of the treaties in force (OJ 29.12.2006 C 321 E/73):
Article 79 TEC
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters without prejudice to the powers of the Economic and Social Committee.
***
For the sake of a systematic comparison, we look at the Article during the previous treaty reform stages.
First, we turn to the European Convention.
Article III-142 of the draft Treaty establishing a Constitution for Europe looked like this (OJ 18.7.2003 C 169/55):
Article III-142 Draft Constitution
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters.
***
Article III-244 of the Treaty establishing a Constitution for Europe adopted the wording of the European Convention without change (OJ 16.12.2004 C 310/107).
***
We see that the Lisbon Treaty amendment was part of the draft Constitution.
***
What have others said about Article 99 TFEU?
United Kingdom
Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty establishing the European Community (TEC): Internal Market and competition’ (Version 2, 23 October 2007) includes the current Title V Transport.
Peers highlighted the amendment of Article 79 TEC and TFEU (ToL), to be renumbered Article 99 TFEU in the consolidated version, but made no comment (page 23).
The analysis 3.3 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). It offers the following comment on Article 99 TFEU, Article 79 TFEU (ToL) in the original Lisbon Treaty (page 11):
“In substance the same as Article 79 TEC.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) wrapped up Transport in a brief comment on page 56:
“F. Transport
Title V, Articles 70-80 (Constitution Articles III-236 – 245) are on transport and are based largely on Articles 70 – 75 TEC, but with a change in the voting procedure to the OLP with QMV, except for Article 72, which replaces unanimity in the Constitution Article III-237 with a “special legislative procedure”. Other, minor, changes are Article 75(c), which adds the EP to those bodies to be consulted, and Article 78 (Constitution Article III-243), allowing the Article concerning German unification to be repealed after 5 years.
Present Articles 154 – 156 on Trans-European Networks (TENS) have been moved to Title VII and contain only minor amendments.”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) made no explicit reference to Article 99 TFEU.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Sweden
The consultation paper of the government of Sweden, ‘Lissabonfördraget; Statsrådsberedningen, Departementsserien (Ds), Ds 2007:48’ published 20 December 2007, bundled together transport and trans-European networks under the headline ‘Transporter och transeuropeiska nät’ (page 280 to 282).
The text offers an overview of the coming Title VI ‘Transport’, but it makes no reference to Article 79 TEC and TFEU (ToL).
The consultation paper ’Lissabonfördraget’ is available at:
http://www.regeringen.se/content/1/c6/09/49/81/107aa077.pdf
***
Finland
The Finnish ratification bill, ‘Hallituksen esitys Eduskunnalle Euroopan unionista tehdyn sopimuksen ja Euroopan yhteisön perustamissopimuksen muuttamisesta tehdyn Lissabonin sopimuksen hyväksymisestä ja laiksi sen lainsäädännön alaan kuuluvien määräysten voimaansaattamisesta’ (HE 23/2008 vp), mentions the words deleted from Article 79 TFEU (ToL), renumbered Article 99 TFEU, and adds the observation that the contents are the same as in ArticleIII-244 of the Constitutional Treaty (page 206).
The Finnish ratification bill is available at:
http://www.finlex.fi/fi/esitykset/he/2008/20080023.pdf
The Swedish language version of the ratification bill ‘Regeringens proposition till Riksdagen med förslag om godkännande av Lissabonfördraget om ändring av fördraget om Europeiska unionen och fördraget om upprättandet av Europeiska gemenskapen och till lag om sättande i kraft av de bestämmelser i fördraget som hör till området för lagstiftningen’ (RP 23/2008 rd), offers the same observations on page 209.
The ratification bill in Swedish can be accessed at:
http://www.finlex.fi/sv/esitykset/he/2008/20080023.pdf
Ralf Grahn
Thursday, 22 May 2008
EU TFEU: Transport charges and dues
The EU Treaty of Lisbon takes over the provision on charges and dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates, but the new treaty gives no indication of if the provision has any relevance since the scrapping of border controls in the Schengen area.
Is it time to overhaul both EU treaties and coursebooks?
***
Article 97 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/87:
Part Three ‘Policies and internal actions of the Union’
Title VI TFEU ‘Transport’
Article 97 TFEU
(ex Article 77 TEC)
Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby into account.
Member States shall endeavour to reduce these costs progressively.
The Commission may make recommendations to Member States for the application of this Article.
***
In Article 2, point 72 of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) laid out the specific amendments to Article 75 TEC, and in point 73 it dealt with Article 78 TEC. Thus, no specific amendments were made to Article 77 TEC (OJ 17.12.2007 C 306/68).
The TFEU table of equivalences tells us that Article 77 TEC first became Article 77 TFEU (ToL), but later renumbered Article 97 TFEU in the consolidated version (OJ 17.12.2007 C 306/210).
***
The current Article 77 of the Treaty establishing the European Community (TEC) is found under Title V ‘Transport’ in the latest consolidated version of the treaties in force (OJ 29.12.2006 C 321 E/72). The wording is exactly the same as in Article 97 TFEU.
***
Still, for the sake of a systematic comparison, we look at the Article during the previous treaty reform stages.
Therefore, we turn to the European Convention.
Article III-140 of the draft Treaty establishing a Constitution for Europe just deleted the word ‘progressively’ from the text of the current Article 77 TEC (OJ 18.7.2003 C 169/54).
***
Article III-242 of the Treaty establishing a Constitution for Europe adopted the text of the European Convention unchanged (OJ 16.12.2004 C 310/107).
***
The IGC 2007 managed to keep the bulk of the Lisbon Treaty down by basing its amendments on the current treaties and by disregarding cosmetic changes in a number of instances. The word ‘progressively’ flows from the TEC to the TFEU.
***
Have others found anything to say about an unchanged provision of the Lisbon Treaty?
United Kingdom
Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty establishing the European Community (TEC): Internal Market and competition’ (Version 2, 23 October 2007) includes the current Title V Transport.
The unchanged Article 77 TEC and TFEU (ToL), to be renumbered Article 97 TFEU in the consolidated version, drew no comment (page 22).
The analysis 3.3 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). The comment on Article 97 TFEU, Article 77 TFEU (ToL) in the original Lisbon Treaty, is short (page 11):
“Unchanged from Article 77 TEC.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) wrapped up Transport in a brief comment on page 56:
“F. Transport
Title V, Articles 70-80 (Constitution Articles III-236 – 245) are on transport and are based largely on Articles 70 – 75 TEC, but with a change in the voting procedure to the OLP with QMV, except for Article 72, which replaces unanimity in the Constitution Article III-237 with a “special legislative procedure”. Other, minor, changes are Article 75(c), which adds the EP to those bodies to be consulted, and Article 78 (Constitution Article III-243), allowing the Article concerning German unification to be repealed after 5 years.
Present Articles 154 – 156 on Trans-European Networks (TENS) have been moved to Title VII and contain only minor amendments.”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) made no explicit reference to Article 97 TFEU.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Sweden
The consultation paper of the government of Sweden, ‘Lissabonfördraget; Statsrådsberedningen, Departementsserien (Ds), Ds 2007:48’ published 20 December 2007, bundled together transport and trans-European networks under the headline ‘Transporter och transeuropeiska nät’ (page 280 to 282).
The text offers an overview of the coming Title VI ‘Transport’, but I found nothing on Article 77 TEC and ToL.
The consultation paper ’Lissabonfördraget’ is available at:
http://www.regeringen.se/content/1/c6/09/49/81/107aa077.pdf
***
Finland
The systematic Finnish ratification bill, ‘Hallituksen esitys Eduskunnalle Euroopan unionista tehdyn sopimuksen ja Euroopan yhteisön perustamissopimuksen muuttamisesta tehdyn Lissabonin sopimuksen hyväksymisestä ja laiksi sen lainsäädännön alaan kuuluvien määräysten voimaansaattamisesta’ (HE 23/2008 vp), bundles together Articles 76 and 77 TFEU (ToL), renumbered Articles 96 and 97 TFEU, in a brief explanation (page 206).
The Finnish ratification bill is available at:
http://www.finlex.fi/fi/esitykset/he/2008/20080023.pdf
The Swedish language version of the ratification bill ‘Regeringens proposition till Riksdagen med förslag om godkännande av Lissabonfördraget om ändring av fördraget om Europeiska unionen och fördraget om upprättandet av Europeiska gemenskapen och till lag om sättande i kraft av de bestämmelser i fördraget som hör till området för lagstiftningen’ (RP 23/2008 rd), offers the same explanation on page 209:
The ratification bill in Swedish can be accessed at:
http://www.finlex.fi/sv/esitykset/he/2008/20080023.pdf
***
From the viewpoint of treaty change, a provision without amendments is uninteresting, as shown by the fair sample of documents we have looked at. For national legislators these provisions are covered by earlier ratifications.
Possibly, a provision such as 97 TFEU may have become redundant, but lives on because there has been no thorough spring-cleaning of the internal policy areas.
But how is a student to know, since internal policy sectors are hardly dealt with at all in university curricula, in English? I failed to find ‘Transport’ indexed in four coursebooks.
At least some continental books for students seem to take a broader ‘law and politics’ approach. Here are a few examples of general books with chapters on transport (although there may be later editions than the ones I have at hand):
Roland Bieber, Astrid Epiney & Marcel Haag: Die Europäische Union, Europarecht und Politik (6. Auflage, Nomos, 2005)
Fernando Díez Moreno: Manual de derecho de la Unión Europea (Tercera edición, Editorial Aranzadi, 2005)
Louis Dubouis & Claude Blumann: Droit matériel de l’Union européenne (3e édition, Montchrestien, 2004)
Enrique Linde Paniagua (Coordinador) : Políticas de la Unión Europea (2a edicón, Colex, 2005)
Ralf Grahn
Is it time to overhaul both EU treaties and coursebooks?
***
Article 97 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/87:
Part Three ‘Policies and internal actions of the Union’
Title VI TFEU ‘Transport’
Article 97 TFEU
(ex Article 77 TEC)
Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby into account.
Member States shall endeavour to reduce these costs progressively.
The Commission may make recommendations to Member States for the application of this Article.
***
In Article 2, point 72 of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) laid out the specific amendments to Article 75 TEC, and in point 73 it dealt with Article 78 TEC. Thus, no specific amendments were made to Article 77 TEC (OJ 17.12.2007 C 306/68).
The TFEU table of equivalences tells us that Article 77 TEC first became Article 77 TFEU (ToL), but later renumbered Article 97 TFEU in the consolidated version (OJ 17.12.2007 C 306/210).
***
The current Article 77 of the Treaty establishing the European Community (TEC) is found under Title V ‘Transport’ in the latest consolidated version of the treaties in force (OJ 29.12.2006 C 321 E/72). The wording is exactly the same as in Article 97 TFEU.
***
Still, for the sake of a systematic comparison, we look at the Article during the previous treaty reform stages.
Therefore, we turn to the European Convention.
Article III-140 of the draft Treaty establishing a Constitution for Europe just deleted the word ‘progressively’ from the text of the current Article 77 TEC (OJ 18.7.2003 C 169/54).
***
Article III-242 of the Treaty establishing a Constitution for Europe adopted the text of the European Convention unchanged (OJ 16.12.2004 C 310/107).
***
The IGC 2007 managed to keep the bulk of the Lisbon Treaty down by basing its amendments on the current treaties and by disregarding cosmetic changes in a number of instances. The word ‘progressively’ flows from the TEC to the TFEU.
***
Have others found anything to say about an unchanged provision of the Lisbon Treaty?
United Kingdom
Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty establishing the European Community (TEC): Internal Market and competition’ (Version 2, 23 October 2007) includes the current Title V Transport.
The unchanged Article 77 TEC and TFEU (ToL), to be renumbered Article 97 TFEU in the consolidated version, drew no comment (page 22).
The analysis 3.3 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). The comment on Article 97 TFEU, Article 77 TFEU (ToL) in the original Lisbon Treaty, is short (page 11):
“Unchanged from Article 77 TEC.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) wrapped up Transport in a brief comment on page 56:
“F. Transport
Title V, Articles 70-80 (Constitution Articles III-236 – 245) are on transport and are based largely on Articles 70 – 75 TEC, but with a change in the voting procedure to the OLP with QMV, except for Article 72, which replaces unanimity in the Constitution Article III-237 with a “special legislative procedure”. Other, minor, changes are Article 75(c), which adds the EP to those bodies to be consulted, and Article 78 (Constitution Article III-243), allowing the Article concerning German unification to be repealed after 5 years.
Present Articles 154 – 156 on Trans-European Networks (TENS) have been moved to Title VII and contain only minor amendments.”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) made no explicit reference to Article 97 TFEU.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Sweden
The consultation paper of the government of Sweden, ‘Lissabonfördraget; Statsrådsberedningen, Departementsserien (Ds), Ds 2007:48’ published 20 December 2007, bundled together transport and trans-European networks under the headline ‘Transporter och transeuropeiska nät’ (page 280 to 282).
The text offers an overview of the coming Title VI ‘Transport’, but I found nothing on Article 77 TEC and ToL.
The consultation paper ’Lissabonfördraget’ is available at:
http://www.regeringen.se/content/1/c6/09/49/81/107aa077.pdf
***
Finland
The systematic Finnish ratification bill, ‘Hallituksen esitys Eduskunnalle Euroopan unionista tehdyn sopimuksen ja Euroopan yhteisön perustamissopimuksen muuttamisesta tehdyn Lissabonin sopimuksen hyväksymisestä ja laiksi sen lainsäädännön alaan kuuluvien määräysten voimaansaattamisesta’ (HE 23/2008 vp), bundles together Articles 76 and 77 TFEU (ToL), renumbered Articles 96 and 97 TFEU, in a brief explanation (page 206).
The Finnish ratification bill is available at:
http://www.finlex.fi/fi/esitykset/he/2008/20080023.pdf
The Swedish language version of the ratification bill ‘Regeringens proposition till Riksdagen med förslag om godkännande av Lissabonfördraget om ändring av fördraget om Europeiska unionen och fördraget om upprättandet av Europeiska gemenskapen och till lag om sättande i kraft av de bestämmelser i fördraget som hör till området för lagstiftningen’ (RP 23/2008 rd), offers the same explanation on page 209:
The ratification bill in Swedish can be accessed at:
http://www.finlex.fi/sv/esitykset/he/2008/20080023.pdf
***
From the viewpoint of treaty change, a provision without amendments is uninteresting, as shown by the fair sample of documents we have looked at. For national legislators these provisions are covered by earlier ratifications.
Possibly, a provision such as 97 TFEU may have become redundant, but lives on because there has been no thorough spring-cleaning of the internal policy areas.
But how is a student to know, since internal policy sectors are hardly dealt with at all in university curricula, in English? I failed to find ‘Transport’ indexed in four coursebooks.
At least some continental books for students seem to take a broader ‘law and politics’ approach. Here are a few examples of general books with chapters on transport (although there may be later editions than the ones I have at hand):
Roland Bieber, Astrid Epiney & Marcel Haag: Die Europäische Union, Europarecht und Politik (6. Auflage, Nomos, 2005)
Fernando Díez Moreno: Manual de derecho de la Unión Europea (Tercera edición, Editorial Aranzadi, 2005)
Louis Dubouis & Claude Blumann: Droit matériel de l’Union européenne (3e édition, Montchrestien, 2004)
Enrique Linde Paniagua (Coordinador) : Políticas de la Unión Europea (2a edicón, Colex, 2005)
Ralf Grahn
Monday, 19 May 2008
EU TFEU: Economic circumstances of carriers
The impact of the EU Treaty of Lisbon is a hotly debated issue. Especially if we follow the bulk of the provisions, namely the current Treaty establishing the European Community (TEC), renamed the Treaty on the Functioning of the European Union (TFEU), we realise how little attention has been paid to the internal policy areas, with police and judicial cooperation in criminal matters the main exception (where most, but not all, member states want to achieve progress).
The main thrust of the Lisbon Treaty changes is institutional, not even adding significant areas of competence to the EU, but improving the procedures for making decisions by restricting the scope of debilitating national vetoes. At the same time, transparency and parliamentary scrutiny are improved.
The Transport Title is one example of internal policy areas with almost imperceptible change.
Now and in the future, the EU has to take account of the economic circumstances of carriers, when transport rates and conditions are decided.
***
Article 94 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/86:
Part Three ‘Policies and internal actions of the Union’
Title VI TFEU ‘Transport’
Article 94 TFEU
(ex Article 74 TEC)
Any measures taken within the framework of the Treaties in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
***
In Article 2, point 71 of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) mentioned Article 72 TEC and in point 72 it laid out the amendments to Article 75 TEC. Thus, there are no specific amendments to Article 74 TEC (OJ 17.12.2007 C 306/68).
The TFEU table of equivalences tells us that Article 74 TEC first became Article 74 TFEU (ToL), but later renumbered Article 94 TFEU in the consolidated version (OJ 17.12.2007 C 306/210).
***
Article 74 of the Treaty establishing the European Community (TEC) is found under Title V ‘Transport’ in the latest consolidated version of the current treaties (OJ 29.12.2006 C 321 E/71):
Article 74 TEC
Any measures taken within the framework of this Treaty in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
***
We can see one horizontal amendment, between the current TEC and the TFEU, when ‘this Treaty’ has been replaced by ‘the Treaties’ in accordance with Article 2, point 2(b), of the Treaty of Lisbon.
***
Article III-137 of the draft Treaty establishing a Constitution for Europe made no attempt to change the substance of the current Article 74 TEC (OJ 18.7.2003 C 169/54):
Article III-137 Draft Constitution
Any measures adopted within the framework of the Constitution in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
***
Article III-239 of the Treaty establishing a Constitution for Europe adopted the text of the European Convention without change (OJ 16.12.2004 C 310/106).
***
In other words, the only changes proposed during the different stages since the Treaty of Nice have been technical adjustments.
***
We now check our modest conclusions against how others who have scrutinised the Lisbon Treaty have informed ratifying parliaments and the public.
United Kingdom
Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty establishing the European Community (TEC): Internal Market and competition’ (Version 2, 23 October 2007) includes the current Title V Transport.
Peers highlighted the differences between the current Article 74 TEC, the Constitutional Treaty and the Lisbon Treaty, but found no need to comment on Article 74 TFEU (ToL), to be renumbered Article 94 TFEU in the consolidated version (page 21).
The analysis 3.3 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). The comment on Article 94 TFEU, Article 74 TFEU (ToL) in the original Lisbon Treaty, is short and to the point (page 11):
“In substance the same as Article 74 TEC.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) wrapped up Transport in a brief comment on page 56:
“F. Transport
Title V, Articles 70-80 (Constitution Articles III-236 – 245) are on transport and are based largely on Articles 70 – 75 TEC, but with a change in the voting procedure to the OLP with QMV, except for Article 72, which replaces unanimity in the Constitution Article III-237 with a “special legislative procedure”. Other, minor, changes are Article 75(c), which adds the EP to those bodies to be consulted, and Article 78 (Constitution Article III-243), allowing the Article concerning German unification to be repealed after 5 years.
Present Articles 154 – 156 on Trans-European Networks (TENS) have been moved to Title VII and contain only minor amendments.”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) made no explicit reference to Article 94 TFEU.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Sweden
The consultation paper of the government of Sweden, ‘Lissabonfördraget; Statsrådsberedningen, Departementsserien (Ds), Ds 2007:48’ published 20 December 2007, bundled together transport and trans-European networks under the headline ‘Transporter och transeuropeiska nät’ (page 280 to 282).
The text offers an overview of the coming Title VI ‘Transport’ and mentions the fairly small amendments, but understandably has nothing specific to say about Article 74 TFEU (ToL), the future Article 94 TFEU.
The consultation paper ’Lissabonfördraget’ is available at:
http://www.regeringen.se/content/1/c6/09/49/81/107aa077.pdf
***
Finland
Even the methodical Finnish ratification bill, ‘Hallituksen esitys Eduskunnalle Euroopan unionista tehdyn sopimuksen ja Euroopan yhteisön perustamissopimuksen muuttamisesta tehdyn Lissabonin sopimuksen hyväksymisestä ja laiksi sen lainsäädännön alaan kuuluvien määräysten voimaansaattamisesta’ (HE 23/2008 vp), dutifully gives a brief explanation of Articles 73 and 74 TFEU (ToL), renumbered Articles 93 and 94 TFEU (page 206).
The Finnish ratification bill is available at:
http://www.finlex.fi/fi/esitykset/he/2008/20080023.pdf
The Swedish language version of the ratification bill ‘Regeringens proposition till Riksdagen med förslag om godkännande av Lissabonfördraget om ändring av fördraget om Europeiska unionen och fördraget om upprättandet av Europeiska gemenskapen och till lag om sättande i kraft av de bestämmelser i fördraget som hör till området för lagstiftningen’ (RP 23/2008 rd), offers the same brief explanation on page 208.
The ratification bill in Swedish can be accessed at:
http://www.finlex.fi/sv/esitykset/he/2008/20080023.pdf
***
From the angle of treaty change – the objective of this posting – Article 94 TFEU can be described in the same words as the previous provision, the subject of yesterday’s post: about as exciting as watching paint dry.
In its own way, Article 94 TFEU echoes the words of Article 91(1) TFEU about ‘taking into account the distinctive features of transport’ when implementing the common transport policy.
Nowadays, transport rates are more often set by the markets than by governments, so this part of Article 94 TFEU is less significant than formerly. Transport conditions, on the other hand, encompass a number of factors to be taken into account when measures are proposed.
Ralf Grahn
The main thrust of the Lisbon Treaty changes is institutional, not even adding significant areas of competence to the EU, but improving the procedures for making decisions by restricting the scope of debilitating national vetoes. At the same time, transparency and parliamentary scrutiny are improved.
The Transport Title is one example of internal policy areas with almost imperceptible change.
Now and in the future, the EU has to take account of the economic circumstances of carriers, when transport rates and conditions are decided.
***
Article 94 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/86:
Part Three ‘Policies and internal actions of the Union’
Title VI TFEU ‘Transport’
Article 94 TFEU
(ex Article 74 TEC)
Any measures taken within the framework of the Treaties in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
***
In Article 2, point 71 of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) mentioned Article 72 TEC and in point 72 it laid out the amendments to Article 75 TEC. Thus, there are no specific amendments to Article 74 TEC (OJ 17.12.2007 C 306/68).
The TFEU table of equivalences tells us that Article 74 TEC first became Article 74 TFEU (ToL), but later renumbered Article 94 TFEU in the consolidated version (OJ 17.12.2007 C 306/210).
***
Article 74 of the Treaty establishing the European Community (TEC) is found under Title V ‘Transport’ in the latest consolidated version of the current treaties (OJ 29.12.2006 C 321 E/71):
Article 74 TEC
Any measures taken within the framework of this Treaty in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
***
We can see one horizontal amendment, between the current TEC and the TFEU, when ‘this Treaty’ has been replaced by ‘the Treaties’ in accordance with Article 2, point 2(b), of the Treaty of Lisbon.
***
Article III-137 of the draft Treaty establishing a Constitution for Europe made no attempt to change the substance of the current Article 74 TEC (OJ 18.7.2003 C 169/54):
Article III-137 Draft Constitution
Any measures adopted within the framework of the Constitution in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
***
Article III-239 of the Treaty establishing a Constitution for Europe adopted the text of the European Convention without change (OJ 16.12.2004 C 310/106).
***
In other words, the only changes proposed during the different stages since the Treaty of Nice have been technical adjustments.
***
We now check our modest conclusions against how others who have scrutinised the Lisbon Treaty have informed ratifying parliaments and the public.
United Kingdom
Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.3: Revised text of Part Three, Titles I to VI of the Treaty establishing the European Community (TEC): Internal Market and competition’ (Version 2, 23 October 2007) includes the current Title V Transport.
Peers highlighted the differences between the current Article 74 TEC, the Constitutional Treaty and the Lisbon Treaty, but found no need to comment on Article 74 TFEU (ToL), to be renumbered Article 94 TFEU in the consolidated version (page 21).
The analysis 3.3 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). The comment on Article 94 TFEU, Article 74 TFEU (ToL) in the original Lisbon Treaty, is short and to the point (page 11):
“In substance the same as Article 74 TEC.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) wrapped up Transport in a brief comment on page 56:
“F. Transport
Title V, Articles 70-80 (Constitution Articles III-236 – 245) are on transport and are based largely on Articles 70 – 75 TEC, but with a change in the voting procedure to the OLP with QMV, except for Article 72, which replaces unanimity in the Constitution Article III-237 with a “special legislative procedure”. Other, minor, changes are Article 75(c), which adds the EP to those bodies to be consulted, and Article 78 (Constitution Article III-243), allowing the Article concerning German unification to be repealed after 5 years.
Present Articles 154 – 156 on Trans-European Networks (TENS) have been moved to Title VII and contain only minor amendments.”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) made no explicit reference to Article 94 TFEU.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Sweden
The consultation paper of the government of Sweden, ‘Lissabonfördraget; Statsrådsberedningen, Departementsserien (Ds), Ds 2007:48’ published 20 December 2007, bundled together transport and trans-European networks under the headline ‘Transporter och transeuropeiska nät’ (page 280 to 282).
The text offers an overview of the coming Title VI ‘Transport’ and mentions the fairly small amendments, but understandably has nothing specific to say about Article 74 TFEU (ToL), the future Article 94 TFEU.
The consultation paper ’Lissabonfördraget’ is available at:
http://www.regeringen.se/content/1/c6/09/49/81/107aa077.pdf
***
Finland
Even the methodical Finnish ratification bill, ‘Hallituksen esitys Eduskunnalle Euroopan unionista tehdyn sopimuksen ja Euroopan yhteisön perustamissopimuksen muuttamisesta tehdyn Lissabonin sopimuksen hyväksymisestä ja laiksi sen lainsäädännön alaan kuuluvien määräysten voimaansaattamisesta’ (HE 23/2008 vp), dutifully gives a brief explanation of Articles 73 and 74 TFEU (ToL), renumbered Articles 93 and 94 TFEU (page 206).
The Finnish ratification bill is available at:
http://www.finlex.fi/fi/esitykset/he/2008/20080023.pdf
The Swedish language version of the ratification bill ‘Regeringens proposition till Riksdagen med förslag om godkännande av Lissabonfördraget om ändring av fördraget om Europeiska unionen och fördraget om upprättandet av Europeiska gemenskapen och till lag om sättande i kraft av de bestämmelser i fördraget som hör till området för lagstiftningen’ (RP 23/2008 rd), offers the same brief explanation on page 208.
The ratification bill in Swedish can be accessed at:
http://www.finlex.fi/sv/esitykset/he/2008/20080023.pdf
***
From the angle of treaty change – the objective of this posting – Article 94 TFEU can be described in the same words as the previous provision, the subject of yesterday’s post: about as exciting as watching paint dry.
In its own way, Article 94 TFEU echoes the words of Article 91(1) TFEU about ‘taking into account the distinctive features of transport’ when implementing the common transport policy.
Nowadays, transport rates are more often set by the markets than by governments, so this part of Article 94 TFEU is less significant than formerly. Transport conditions, on the other hand, encompass a number of factors to be taken into account when measures are proposed.
Ralf Grahn
Monday, 28 April 2008
Reports and publications about the EU area of freedom, security and justice
Here are some suggestions for further reading on the EU area of freedom, security and justice (FSJ), by the way of an unsorted list of fairly recent publications:
Hugo Brady, of the Centre for European Reform, has written a blog post ‘The new politics of EU internal security’ (28 March 2008), where he calls for a more constructive working relationship between the member state governments and the LIBE Committee of the European Parliament:
http://centreforeuropeanreform.blogspot.com/2008/03/new-politics-of-eu-internal-security.html
A fairly recent CER entry on justice and home affairs is an article by Hugo Brady, published in the January – February 2008 issue of E!Sharp, ‘Wanted: an EU migration policy:
http://www.cer.org.uk/pdf/article_brady_esharp_jan08_1.pdf
The CER Policy Briefing ‘EU migration policy: An A–Z’ by Hugo Brady is a more substantial treatment of the matter:
http://www.cer.org.uk/pdf/briefing_813.pdf
CEPS, the Centre for European Policy Studies, has some interesting recent papers on freedom, security and justice issues. Hasso Lieber has written ‘Checks and balances: Dividing the Directorate General for Justice, Freedom and Security in two – an Interior and a Justice branch’ (CEPS Policy brief No. 158, April 2008):
http://www.cer.org.uk/pdf/article_brady_esharp_jan08_1.pdf
A 23 April 2008 CEPS Working Document by Florian Trauner and Imke Kruse is called ‘EC Visa Facilitation and Readmission Agreements: Implementing a New EU Security Approach in the Neighbourhood’:
http://shop.ceps.eu/BookDetail.php?item_id=1646
‘The Other Side of the Moons – The Schengen Information System and Human rights: A Task for National Courts’ is a CEPS Working Document by Evelien Brouwer, published 14 April 2008:
http://shop.ceps.eu/BookDetail.php?item_id=1642
Didier Bigo, Sergio Carrera and Elspeth Guild have authored ‘What Future for the Area of Freedom, Security and Justice? Recommendations on EU Migration and Borders Policies in a Globalising World’, CEPS Policy Brief, published 20 March 2008:
http://shop.ceps.eu/BookDetail.php?item_id=1627
Anaïs Faure Atger has produced the Challenge Paper ‘The Abolition of Internal Border Checks in an Enlarged Schengen Area: Freedom of movement or a scattered web of security checks?’, published 20 March 2008:
http://shop.ceps.eu/BookDetail.php?item_id=1629
Daniel Korski, of the European Council on Foreign Relations, comments on the external aspects of internal security in the article ‘Making Europe’s voice louder’, 19 April 2008:
http://www.ecfr.eu/content/entry/commentary_making_europes_voice_louder/
Hanna Goeters wrote a substantial report on ‘New Criminal Law Developments in the Community Legal Order, published in February 2008 by the Swedish Institute for European Policy Studies (Sieps):
http://www.sieps.se/publ/utredningar/bilagor/2007.1u.pdf
‘The Future of the Common European Asylum System: In Need of a More Comprehensive Burden-Sharing Approach’, by Eiko Thielemann, was published as a Sieps European Policy Analysis paper in January 2008:
http://www.sieps.se/publ/utredningar/bilagor/2007.1u.pdf
In an Events Report of the European Policy Centre (EPC), Irene Khan, Secretary-General of Amnesty International, gives her view on ‘EU asylum policy in a securitised world’, published 28 April 2008:
http://www.epc.eu/en/er.asp?TYP=ER&LV=293&see=y&t=2&PG=ER/EN/detail&l=&AI=799
Since external and internal aspect of security are inextricably linked, Antonio Missiroli’s European Policy Centre Policy Brief ‘Revisiting the European Security Strategy – beyond 2008’, published 23 April 2008, is relevant to the area of freedom, security and justice:
http://www.epc.eu/en/pub.asp?TYP=TEWN&LV=187&see=y&t=&PG=TEWN/EN/detailpub&l=12&AI=929
Statewatch runs the impressive European Monitoring & Documentation Centre on Justice and Home Affairs in the EU, with the latest news and documents added 23 April 2008. Some content requires a paid subscription, but much is freely available:
http://www.statewatch.org/semdoc/
There are Statewatch Observatories on the policy areas concerned with EU freedom, security and justice issues, with a special focus on civil liberties:
http://www.statewatch.org/
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) discusses the area of freedom, security and justice at length (Chapter 6, pages 110 – 177).
The report is available at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
‘FRONTEX: the EU external borders agency’ is the 9th Report of Session 2007–08 by the House of Lords European Union Committee (HL Paper 60, published 5 March 2008):
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/60/60.pdf
The European Commission churns out a daunting amount of proposals and related press releases, as can be seen in the Newsroom of the Directorate General:
http://ec.europa.eu/justice_home/news/intro/news_intro_en.htm
The home page of the Commissions Virtual Documentation Centre offers links to the different areas of EU justice and home affairs, including a consolidated list of the EU legislation in the area of freedom, security and justice (updated November 2007):
http://ec.europa.eu/justice_home/news/intro/news_intro_en.htm
Ralf Grahn
Consolidated EU Treaties:
If you want to read or download the Council’s consolidated Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Lisbon Treaty, the original Treaty of Lisbon, the current TEU and TEC, the Draft Constitution, the Constitutional Treaty, or other consolidated language versions of the Lisbon Treaty TEU and TFEU, you find the needed information and links in the blawg post ‘Consolidated Treaty of Lisbon and other EU materials’ of 21 April 2008:
http://grahnlaw.blogspot.com/2008/04/consolidated-treaty-of-lisbon-and-other.html
Hugo Brady, of the Centre for European Reform, has written a blog post ‘The new politics of EU internal security’ (28 March 2008), where he calls for a more constructive working relationship between the member state governments and the LIBE Committee of the European Parliament:
http://centreforeuropeanreform.blogspot.com/2008/03/new-politics-of-eu-internal-security.html
A fairly recent CER entry on justice and home affairs is an article by Hugo Brady, published in the January – February 2008 issue of E!Sharp, ‘Wanted: an EU migration policy:
http://www.cer.org.uk/pdf/article_brady_esharp_jan08_1.pdf
The CER Policy Briefing ‘EU migration policy: An A–Z’ by Hugo Brady is a more substantial treatment of the matter:
http://www.cer.org.uk/pdf/briefing_813.pdf
CEPS, the Centre for European Policy Studies, has some interesting recent papers on freedom, security and justice issues. Hasso Lieber has written ‘Checks and balances: Dividing the Directorate General for Justice, Freedom and Security in two – an Interior and a Justice branch’ (CEPS Policy brief No. 158, April 2008):
http://www.cer.org.uk/pdf/article_brady_esharp_jan08_1.pdf
A 23 April 2008 CEPS Working Document by Florian Trauner and Imke Kruse is called ‘EC Visa Facilitation and Readmission Agreements: Implementing a New EU Security Approach in the Neighbourhood’:
http://shop.ceps.eu/BookDetail.php?item_id=1646
‘The Other Side of the Moons – The Schengen Information System and Human rights: A Task for National Courts’ is a CEPS Working Document by Evelien Brouwer, published 14 April 2008:
http://shop.ceps.eu/BookDetail.php?item_id=1642
Didier Bigo, Sergio Carrera and Elspeth Guild have authored ‘What Future for the Area of Freedom, Security and Justice? Recommendations on EU Migration and Borders Policies in a Globalising World’, CEPS Policy Brief, published 20 March 2008:
http://shop.ceps.eu/BookDetail.php?item_id=1627
Anaïs Faure Atger has produced the Challenge Paper ‘The Abolition of Internal Border Checks in an Enlarged Schengen Area: Freedom of movement or a scattered web of security checks?’, published 20 March 2008:
http://shop.ceps.eu/BookDetail.php?item_id=1629
Daniel Korski, of the European Council on Foreign Relations, comments on the external aspects of internal security in the article ‘Making Europe’s voice louder’, 19 April 2008:
http://www.ecfr.eu/content/entry/commentary_making_europes_voice_louder/
Hanna Goeters wrote a substantial report on ‘New Criminal Law Developments in the Community Legal Order, published in February 2008 by the Swedish Institute for European Policy Studies (Sieps):
http://www.sieps.se/publ/utredningar/bilagor/2007.1u.pdf
‘The Future of the Common European Asylum System: In Need of a More Comprehensive Burden-Sharing Approach’, by Eiko Thielemann, was published as a Sieps European Policy Analysis paper in January 2008:
http://www.sieps.se/publ/utredningar/bilagor/2007.1u.pdf
In an Events Report of the European Policy Centre (EPC), Irene Khan, Secretary-General of Amnesty International, gives her view on ‘EU asylum policy in a securitised world’, published 28 April 2008:
http://www.epc.eu/en/er.asp?TYP=ER&LV=293&see=y&t=2&PG=ER/EN/detail&l=&AI=799
Since external and internal aspect of security are inextricably linked, Antonio Missiroli’s European Policy Centre Policy Brief ‘Revisiting the European Security Strategy – beyond 2008’, published 23 April 2008, is relevant to the area of freedom, security and justice:
http://www.epc.eu/en/pub.asp?TYP=TEWN&LV=187&see=y&t=&PG=TEWN/EN/detailpub&l=12&AI=929
Statewatch runs the impressive European Monitoring & Documentation Centre on Justice and Home Affairs in the EU, with the latest news and documents added 23 April 2008. Some content requires a paid subscription, but much is freely available:
http://www.statewatch.org/semdoc/
There are Statewatch Observatories on the policy areas concerned with EU freedom, security and justice issues, with a special focus on civil liberties:
http://www.statewatch.org/
The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) discusses the area of freedom, security and justice at length (Chapter 6, pages 110 – 177).
The report is available at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
‘FRONTEX: the EU external borders agency’ is the 9th Report of Session 2007–08 by the House of Lords European Union Committee (HL Paper 60, published 5 March 2008):
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/60/60.pdf
The European Commission churns out a daunting amount of proposals and related press releases, as can be seen in the Newsroom of the Directorate General:
http://ec.europa.eu/justice_home/news/intro/news_intro_en.htm
The home page of the Commissions Virtual Documentation Centre offers links to the different areas of EU justice and home affairs, including a consolidated list of the EU legislation in the area of freedom, security and justice (updated November 2007):
http://ec.europa.eu/justice_home/news/intro/news_intro_en.htm
Ralf Grahn
Consolidated EU Treaties:
If you want to read or download the Council’s consolidated Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Lisbon Treaty, the original Treaty of Lisbon, the current TEU and TEC, the Draft Constitution, the Constitutional Treaty, or other consolidated language versions of the Lisbon Treaty TEU and TFEU, you find the needed information and links in the blawg post ‘Consolidated Treaty of Lisbon and other EU materials’ of 21 April 2008:
http://grahnlaw.blogspot.com/2008/04/consolidated-treaty-of-lisbon-and-other.html
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