European Council President: Support Robinson & Stop Blair

Mary Robinson’s work embodies the values the European Union has undertaken to uphold among its citizens and to project in the world under the Treaty of Lisbon. The EU leaders could do worse than to elect a woman, who strikes a chord with EU citizens and is respected globally.



Take a look at the web site campaigning for Mary Robinson to become the first President of the European Council.



You can sign the petition in support of Mary Robinson. There were 437 signatures a short while ago.



There is a mushrooming Facebook group Mary Robinson for President of the European Council. A few moments ago, it had grown to 5,163 members.


***


Stop Blair!


Despite a long and distinguished career as British Prime Minister, Tony Blair is a failed European, who adopted “red lines” every step of the way and left his country with four major opt-outs from the Treaty of Lisbon.





While you are at it, why not sign the Stop Blair petition, available at European Tribune? The number of signatures has been rising; there were 37,317 a short while ago.



Ralf Grahn

Tony Blair wrong choice for Europe

“Tony Blair would be a good choice for Europe”, writes Charles Grant of the Centre for European Reform in the Financial Times (6 October 2009). Because the President of the European Council lacks formal powers, his influence will depend on his force of personality, powers of persuasion and contact book.

According to Grant, Blair has a track record as a successful politician, he would give the European Union credibility in other parts of the world, he is a great salesman and he could help the EU to deal with a new Conservative government from 2010.

***

World stage

The sad reality is that the European Union will still lack a real foreign and security policy when the Lisbon Treaty is in force, although the treaty improves the input and output mechanisms.

Nearly all of Grant’s arguments boil down to psychology. Are world powers going to be taken in by band-aid solutions, essentially built on “personality”? Are the players on the world stage that unsophisticated and unconcerned about real credentials?

The (s)election of Blair would be yet another example of the French paradox in EU politics: the will to attain “gloire” without the commensurate means.

Why choose a European Council President almost guaranteed to try to upstage the High Representative/Vice-President in international affairs, instead of promoting progress in the other policy areas covered by the European Council?

***

Britain

Why make a future choice as a gift to a Labour government, which seems to be on its way to retirement?

Would Blair would be a real help with the probable next Conservative government, when the Tories oppose his nomination?

If a Conservative government starts the process to repatriate powers, the United Kingdom may be heading for withdrawal before the first term of a European Council President is ended.

Why hand-pick a candidate the British public does not want?

***

Europe

The governments of the United Kingdom, Ireland and Italy have expressed support for Blair. The media have spread rumours about French support and weakening of German resistance.

Belgium, Luxembourg and the Netherlands have set the stage for a more limited role, in line with the Lisbon Treaty provisions.

The selection of the President of the European Council is in the hands of 27 electors. There are no procedures in place for open nominations and competition. The European Parliament and EU citizens are outside the loop. The legitimacy of the appointee does not extend beyond the caucus of the heads of state or government.

The EU leaders cannot count on a favourable public opinion in Europe, if they select Blair. On the contrary, they can be sure of considerable opposition. Would it be wise to widen the chasm between themselves and the public by acting in an authoritarian manner?

In the long run it could be better to opt for a strategic mind and a steady pair of hands to facilitate the substance of the directions and priorities the European Union needs, if it wants to play a constructive role in the world and in the lives of its citizens.

Here are some of the worthy persons who have been mentioned:

Jan Peter Balkenende, Prime Minister of the Netherlands
François Fillon, Prime Minister of France
Felipe González, former Prime Minister of Spain
Jean-Claude Juncker, Prime Minister of Luxembourg
Paavo Lipponen, former Prime Minister of Finland
Chris Patten, former UK Government Minister, EU Commissioner for External Relations and last Governor of Hong Kong
Mary Robinson, former President of Ireland and former UN High Commissioner for Human Rights
Herman Van Rompuy. Prime Minister of Belgium

***

High Representative/Vice-President

The painstaking process of shaping convergent European views on foreign and security policy might be better served by giving the new High Representative/Vice-President the backing to serve without too much interference from an overzealous President of the European Council.

There has been speculation about at least the following few worthy names:

Carl Bildt, Foreign Minister of Sweden
Joschka Fischer, former Foreign Minister of Germany
Franco Frattini, Foreign Minister of Italy and former EU Commissioner
Bernard Kouchner, Foreign Minister of France
Olli Rehn, Commissioner in charge of EU enlargement
Frank Walter Steinmeier, outgoing German Foreign Minister


There are certainly other good names out there, but it is important that EU citizens start the discussion without waiting for the white smoke to rise from the European Council.



Ralf Grahn

Tony Blair new ”EU President”?

Because the Independent has relaunched Tony Blair’s candidacy for the post of President of the European Council, Re:Europa discusses the Properties of a President and concludes that a British President (Tony Blair) is out of the question, if Angela Merkel and Nicolas Sarkozy are serious about regulating financial markets.



There is more discussion on the Independent’s campaign on the European Tribune.




***

Principled approach

In my view, three aspects need to be discussed before we turn to Tony Blair or any other candidate for the new post.

President of what?

The Treaty of Lisbon, if it enters into force, does not create a “President of the EU”. It does create the job of a President of the European Council, for someone to chair four annual meetings and to facilitate progress in between. International representative duties are not to be conducted at the expense of the High Representative.

Despite the limitations, the post is too important to be left solely to our national leaders.


Track record

When electing the person, thought should be given to the contribution by the country of origin and the personal role of the candidate.

The evolving core areas of EU action are crucial.

1) A European Union speaking with one voice in the world. Moves to achieve a coherent and consistent European common foreign and security policy (CFSP) and common security and defence policy (CSDP), away from solo flying by individual member states (including the UN Security Council, international orgnisations and relations with the USA). A proven commitment to a common European defence, in alliance with NATO.

2) The Schengen agreement abolishing border controls between the member states.

3) Adoption or at least the clear commitment to adopt the common currency (euro).

4) Justice and home affairs: Full participation in the area of freedom, security and justice.

5) The EU Charter of Fundamental Rights.

6) Institutional reform: A driving force during the European Convention, the intergovernmental conference leading to the 2004 Constitutional Treaty and the IGC 2007 leading to the Treaty of Lisbon.


Future reform

Even if the Lisbon Treaty enters into force, the European Union will continue to be a “hobbled giant”. Effective action and democratic legitimacy require further institutional reform.

The candidates have to prove not only their credentials, but their visions to the EU citizens they are willing to serve.


Election procedure

The European Council needs to arrange the election procedures in an open and transparent manner, inviting public discussion and campaigning.

Deals behind closed doors are possible only if the members of the European Council feel that EU citizens are not alienated enough from their project.


Candidate Blair

I invite readers to analyse the past actions of the United Kingdom and its long serving prime minister Tony Blair.


Ralf Grahn

P.S. Ponder criteria and candidates from an EU perspective. It is unfair to blame Blair for not achieving lasting peace in the Middle East, when the God of three religions has failed.

European elections: Soini Libertas candidate?

The True Finns (Perussuomalaiset) dropped Jussi Halla-aho, under prosecution for xenophobic blogging, from their list of candidates in the European elections in June 2009.

Party chairman Timo Soini ─ one of the signatories of Libertas’s failed application for recognition as a political party at European level and for funding from the European Parliament ─ stepped into the breach by launching his own candidacy, despite his earlier rejection of the idea.

The True Finns tout the European elections as a last call to prevent the Treaty of Lisbon from entering into force:

http://www.perussuomalaiset.fi/ajankohtaista/?issue=137

***

Question marks

Interestingly, Libertas is not mentioned, although Soini has conceded earlier that an elected True Finn MEP might join them in a parliamentary group in the European Parliament.

The reasons may be tactical, since it may be harder to attract nationalistic voters under a pan-European umbrella.

Nothing is, of course, said about possible campaign contributions from Libertas.

***

Media scene

A quick scan of the web versions of Finnish main media (Helsingin Sanomat, Hufvudstadsbladet, YLE) revealed no critical questions about the possible European links of the True Finns’ campaign, just Soini’s well-known anti-EU message and discussion about the reasons for dropping Halla-aho. See for instance YLE ‘Charges for True Finns Councillor Over Racist Blog Comments’ (last update 28 March 2009):

http://www.yle.fi/uutiset/news/2009/03/charges_for_true_finns_councillor_over_racist_blog_comments_645781.html

Are the media in Finland as uninterested as the general public is oblivious of possible European connections? The elections are European, aren’t they?

Ralf Grahn

EU procurement: Economic operator

Economic operator is a term used to cover a contractor, supplier or service provider in the context of the Procurement Directive or Classic Directive 2004/18/EC. Article 1.8 also defines the terms tenderer and candidate:


8. The terms ‘contractor’, ‘supplier’ and ‘service provider’ mean any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services.

The term ‘economic operator’ shall cover equally the concepts of contractor, supplier and service provider. It is used merely in the interest of simplification.

An economic operator who has submitted a tender shall be designated a ‘tenderer’. One which has sought an invitation to take part in a restricted or negotiated procedure or a competitive dialogue shall be designated a ‘candidate’.

***

Article 4

Since economic operator covers the different roles of a party selling or wanting to sell works, products or services, it appears throughout the Procurement Directive. However, Article 4 adds some features worth noting:

Article 4
Economic operators

1. Candidates or tenderers who, under the law of the Member State in which they are established, are entitled to provide the relevant service, shall not be rejected solely on the ground that, under the law of the Member State in which the contract is awarded, they would be required to be either natural or legal persons.

However, in the case of public service and public works contracts as well as public supply contracts covering in addition services and/or siting and installation operations, legal persons may be required to indicate in the tender or the request to participate, the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question.

2. Groups of economic operators may submit tenders or put themselves forward as candidates. In order to submit a tender or a request to participate, these groups may not be required by the contracting authorities to assume a specific legal form; however, the group selected may be required to do so when it has been awarded the contract, to the extent that this change is necessary for the satisfactory performance of the contract.

***

Contractor

Because we are not looking at the substantive provisions at this moment, only short and general descriptions of the terms are presented.

Contractor is used in the context of public works contracts. The Commission’s Guide to community rules on public works contracts (based on the old Directive 93/37/EEC) presents the following general characteristics (page 9):

1.2 The contractor

As the Court has stated, the concept of the contractor must be interpreted so as to include not only a natural or legal person who will himself carry out the works but also a person who will have the contract carried out through agencies or branches or will have recourse to technicians or outside technical divisions. or even a group of undertakings, whatever its legal form. In the case in point, the Court ruled that “a holding company which does not itself execute works may not, because its subsidiaries which do not carry out works are separate legal persons, be precluded on that ground from participation in public works contract procedures”.


***

Supplier

Supplier is used in relation to products. The Commission’s Guide to the Community rules on public supply contracts (based on the old Directive 93/36/EEC) makes the briefest introductory comment on supplier:

1.2 The supplier

The supplier may be a natural or legal person or a group of suppliers.


***

Service provider

Service provider is evidently used with regard to service contracts. The Commission’s Guide to the Community rules on public procurement of services (based on the old Directive 92/50/EEC) gives the following brief description:

1.2 Service providers

A service provider is any natural or legal person which offers to provide services. A public body may also be a service provider within the meaning of the Services Directive.

***

Tenderer

An economic operator who has submitted a tender is called a ‘tenderer’.

***

Candidate

An economic operator who has sought an invitation to take part in a restricted or negotiated procedure or a competitive dialogue shall be designated a ‘candidate’.


***

Key procurement terms: Glossaries

Public procurement is a tricky field with a number of specific terms. There are a number of glossaries available to find quick answers to key terms. Here are a few UK examples for practical use.


The North East Regional Portal (TNERP): Procurement Glossary

http://www.n-e-life.com/uploadedFiles/Procurement%20glossary%20final(1).pdf


Tendering for Care (TfC): The TfC Glossary of Terms for Tendering and Procurement

http://www.tenderingforcare.com/system/files/Glossary%200208.pdf


North Hertfordshire District Council: Glossary of Procurement Terms

http://www.north-herts.gov.uk/index/working/procurement/glossary_of_procurement_terms.htm


Sustainable Procurement Information Network (SPIN): Glossary

http://www.s-p-i-n.co.uk/glossary.asp


Tony Zemaitis Associates Limited: Tender Terminology / Tendering Glossary

http://www.zemaitis-uk.com/pdfs/Tender-Terms-and-Glossary-Tony-Zemaitis-Associates.pdf


National Council for Voluntary Organisations (NVCO): Glossary of Procurement and Commissioning Terms

http://www.ncvo-vol.org.uk/sfp/?id=10694



Ralf Grahn

EU citizens and leaders: Democratic choice?

The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States; Article 6(1) TEU. These principles are supposed to guide the Union’s internal as well as its external action.

Let us take a look at democracy, when the Treaty of Lisbon is about to create two important posts: the President of the European Council and the High Representative/Vice-President. How are the holders of these public offices going to reflect the choices of the citizens of the European Union?

***

First, we take a look at the procedural basics under the amended Treaty on European Union (TEU).

Here is what the Lisbon Treaty says about the President (OJ 17.12.2007 C 306). According to Article 9b(5) TEU: The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once.

Then, we recall what the Reform Treaty has to say about the High Representative. Article 9e(1) TEU states: The European Council, acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High Representative of the Union for Foreign Affairs and Security Policy. The European Council may end his term of office by the same procedure.

Finally, we are reminded that the High Representative is also going to be one of the Vice-Presidents of the European Commission. Pursuant to Article 9d(7) TEU, third subparagraph, the President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.


***

If the essence of representative democracy is the power of the people to elect and to change their leaders, the Treaty of Lisbon does not reach that standard.

So much for those who think that there is no further need for institutional EU reform.

***

In the meantime, there are different shades of grey. Democratic practice can evolve, even without a written Constitution.

The Lisbon Treaty already admits that the election results should influence the choice of Commission President, and it gives the European Parliament a say. Article 9d(7) TEU states: Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members.

***

The President of the European Council and the High Representative/Vice-President are as important to the citizens of the Union as the President of the Commission.

Instead of following in the footsteps of Vatican Conclaves, which leave the public waiting for white smoke after the fact, the European Council could, within the established rules, do something real to re-engage at least some of the citizens it undeniably has alienated, both during the treaty negotiations and after the signing of the Reform Treaty.

Let there be open nominations as well as public hearings and campaigns for these offices. This would lead to a real European debate on common issues.

Peter Sain ley Berry said, quite correctly: For Europe’s President to emerge from some closed European Council meeting without any prior attempt to test the democratic will and without any requirement for the candidates to lay their credentials before the European public will be wrong, short-sighted, bad government and a disgrace.

***

President Nicolas Sarkozy, who will preside over the European Council later this year, has understood the power of political initiative. Some of his ideas seem half-baked, some are outright disastrous and part of them can be brilliant, but he is constantly on the move.

This week, Sarkozy more or less launched Tony Blair as a candidate for the office of President of the European Council. Initial reactions, especially in Great Britain, seemed to come from ingrained sympathies or antipathies concerning Blair as a person.

Few paused to think about the wider picture.

With one candidate (almost) in the open, could Sarkozy have stumbled on a winning formula, beyond the choice of persons. It would not take much to make the choice of leaders a European public affair.

Open nominations, televised debates and public discussion could bring Europe a step closer to a democracy worthy of the schoolmaster for the rest of the world.


Ralf Grahn


See:

Peter Sain ley Berry: Let EU citizens choose their president too; EUobserver 11.01.2008;
http://euobserver.com/7/25428