The Treaty of Lisbon brings the current external Community policies together in a more comprehensive manner, although the intergovernmental conference ‘modified’ the whole area for the worse compared with the Constitutional Treaty, by parking the common foreign and security policy and the common security and defence policy in the Treaty on European Union, despite the formal abolishment of the pillar structure.
In practice, Council tutelage of ‘Community pillar’ external action is going to increase through the double-hatted High Representative and the semi-permanent President of the European Council.
***
Current Treaties
In the current Treaty on European Union Title V deals with the common foreign and security policy, whereas the Treaty establishing the European Community has Title IX Common commercial policy, Title XX Development cooperation, Title XXI Economic, financial and technical cooperation with third countries, international agreements, restrictive measures, international relations and instruments among the general and final provisions (Part Six).
***
European Convention
The European Convention did not have temerity enough to abolish the intergovernmental character of the common foreign and security policy (CFSP), including the common security and defence policy (CSDP), but Title Five brought together both intergovernmental (second pillar) and the ‘Community pillar’ external action, in Articles III-193 to III-231 of the Draft Constitution.
***
Constitutional Treaty
The intergovernmental conference (IGC 2004) preserved the structure of the draft Constitution in Title V The Union’s external action, of the Constitutional Treaty, Articles III-292 to III-329.
***
Original Lisbon Treaty (ToL)
The original Treaty of Lisbon sets out the contents of the new Part Five on external action in Article 2, point 154 and point provides for a new Article 188a to do the splits between the treaties (OJEU 17.12.2007 C 306/91):
EXTERNAL ACTION BY THE UNION
154) A new Part Five shall be inserted. Its heading shall be ‘EXTERNAL ACTION BY THE UNION’ and it shall contain the following Titles and Chapters:
Title I: General provisions on the Union's external action
Title II: Common commercial policy
Title III: Cooperation with third countries and humanitarian aid
Chapter 1: Development cooperation
Chapter 2: Economic, financial and technical cooperation with third countries
Chapter 3: Humanitarian aid
Title IV: Restrictive measures
Title V: International agreements
Title VI: The Union's relations with international organisations and third countries and Union delegations
Title VII: Solidarity clause.
GENERAL PROVISIONS
155) The following new Title I and new Article 188 A shall be inserted:
‘TITLE I
GENERAL PROVISONS ON THE UNION'S EXTERNAL ACTION
Article 188 A
The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.’.
***
IGC 2007 Mandate
The mandate for the intergovernmental conference (IGC 2007) stated the general goal of external action coherence, but each IGC working under the constraint of unanimous decision making offers new opportunities to tax the common good.
In comparison with the IGC 2004, i.e. the Constitutional Treaty, the IGC 2007 Mandate contained a number of so called modifications of which point 19(r) was one (page 9):
r) At the beginning of the Part on the Union's external action, an Article will be inserted stating that the Union's action on the international scene will be guided by the principles, will pursue the objectives and will be conducted in accordance with the general provisions on the Union's external action which are laid down in Chapter 1 of Title V of the TEU.
***
Consolidated Lisbon Treaty
When we compare with the current TEC, the commendable reform is that Part Five External action by the Union brings together the European Union’s (Community pillar) international action under one roof for added clarity.
The half-measure reform is exposed by the first provision. The two treaty structure was preserved, although modernised, but the CFSP and the CSDP remained stuck in the TEU.
Article 205 of the consolidated version of the Lisbon Treaty’s Treaty on the Functioning of the European Union (TFEU) refers to the principles, objectives and conduct of the Union’s action on the international scene laid down in the Treaty on European Union (TEU), where the intergovernmental common foreign and security policy (CFSF, including CSDP) still resides despite the formal abolishment of the pillar structure.
Article 205 TFEU is therefore needed as a bridging clause between the TFEU and the TEU, aiming at consistency between the ‘abolished’ pillars (OJEU 9.5.2008 C 115/139):
PART FIVE
EXTERNAL ACTION BY THE UNION
TITLE I
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
Article 205 TFEU
The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.
***
Principles, objectives and conduct
We have discussed and traced the drafting history of the general provisions of the Treaty on European Union in earlier blog posts, but for ease of reference we offer the text of Chapter 1 of Title V, Articles 21 to 22 TEU, as they are presented in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/28–30):
TITLE V
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC
PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY
CHAPTER 1
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
Article 21 TEU
1. The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.
2. The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:
(a) safeguard its values, fundamental interests, security, independence and integrity;
(b) consolidate and support democracy, the rule of law, human rights and the principles of international law;
(c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;
(d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;
(e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;
(f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development;
(g) assist populations, countries and regions confronting natural or man-made disasters; and
(h) promote an international system based on stronger multilateral cooperation and good global governance.
3. The Union shall respect the principles and pursue the objectives set out in paragraphs 1 and 2 in the development and implementation of the different areas of the Union's external action covered by this Title and by Part Five of the Treaty on the Functioning of the European Union, and of the external aspects of its other policies.
The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect.
Article 22 TEU
1. On the basis of the principles and objectives set out in Article 21, the European Council shall identify the strategic interests and objectives of the Union.
Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States.
The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.
2. The High Representative of the Union for Foreign Affairs and Security Policy, for the area of common foreign and security policy, and the Commission, for other areas of external action, may submit joint proposals to the Council.
***
Changing context
The principles are noble, but the circumstances are changing if the Lisbon Treaty enters into force.
We caught a glimpse of the High Representative above. He or she will be appointed by an electorate of 27 and double-hatted to bring consistency to the EU’s external action as a whole. The aim is praiseworthy, but the bidding will increasingly be done by the most influential member states.
The new intergovernmental appointee by 27 electors is the semi-permanent President of the European Council, who will most probably have ambitions of his own and re-interpret the culture of general interest in a sense amenable to the populous member states, if they happen to agree.
The Commission would be more apt to incorporate the guiding principles, but its role will diminish.
Ralf Grahn
Showing posts with label principles. Show all posts
Showing posts with label principles. Show all posts
Tuesday, 27 January 2009
Thursday, 15 January 2009
EU Law: Environment policy objectives
Sustainable development is one of the fundamental principles of the European Community (European Union), both internally and internationally.
The environmental, economic and social aspects of sustainable development are clearly felt, when we look at the environment policy objectives of the European Union.
The Treaty of Lisbon underlines the importance of action against climate change (supported by an overwhelming scientific opinion, but with vocal opponents).
We look at the current and the Lisbon Treaty provisions on the EU’s environmental policy aims.
***
Article 174 TEC
Article 174 (ex Article 130r) of the current Treaty establishing the European Community (TEC) sets out the principal aims of European Community (European Union) environment policy, which can be read on their own in paragraph 1.
Paragraph 2 contains a number of important guiding principles for environmental legislation and action. Especially the following ones are worth mentioning:
– a high level of protection
– the precautionary principle
– preventive action
– rectification at source
– the polluter pays
The paragraph evokes the seriousness of environmental concerns by promising safeguard clauses allowing provisional measures, where appropriate and limited to non-economic reasons, as well as subject to control by the European Community.
Paragraph 3 raises expectations of rational decision making, based on scientific and technical data as well as economic and social facts and considerations.
International cooperation is an activity for both the European Community and for the member states (paragraph 4).
Here is Article 174 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123–124:
TITLE XIX
ENVIRONMENT
Article 174 TEC
1. Community policy on the environment shall contribute to pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment,
— protecting human health,
— prudent and rational utilisation of natural resources,
— promoting measures at international level to deal with regional or worldwide environmental problems.
2. Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a Community inspection procedure.
3. In preparing its policy on the environment, the Community shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Community,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Community as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty (ToL)
Article 2, point 143 amended Article 174 (OJEU 17.12.2007 C 306/87):
ENVIRONMENT (CLIMATE CHANGE)
143) Article 174 shall be amended as follows:
(a) in paragraph 1, the fourth indent shall be replaced by the following:
‘— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.’;
(b) in paragraph 2, second subparagraph, the words ‘Community inspection procedure’ shall be replaced by ‘a procedure of inspection by the Union’;
(c) in paragraph 4, first subparagraph, the last phrase ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.
Article 174 TEC first became Article 174 TFEU (ToL), but was then renumbered Article 191 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 191 TFEU
The Article was renumbered and in a number of instances ‘Community’ was replaced by ‘Union’ according to the horizontal amendment mentioned in Article 2, point 2(a) on OJEU page 42 of the original Treaty of Lisbon.
The political change desired by the intergovernmental conference (IGC 2007) was adding ‘and in particular combating climate change’ to the regional and worldwide environmental problems at international level.
Environmental policy already includes action against climate change, but the IGC 2007 felt a need to underline its commitment. The provision does not add EU powers, but growing realisation of the need to act and added emphasis may lead to more concerted action. In this respect the amendment can be called substantive.
Article 191 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/132–133):
TITLE XX
ENVIRONMENT
Article 191 TFEU
(ex Article 174 TEC)
1. Union policy on the environment shall contribute to pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment,
— protecting human health,
— prudent and rational utilisation of natural resources,
— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.
3. In preparing its policy on the environment, the Union shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Union,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Union as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Sustainable development
Preamble TEU
The Lisbon Treaty rests on the principle of sustainable development – balancing its environmental, economic and social aspects – as evoked by the Preamble of the Treaty on European Union (TEU):
DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields.
Article 3 TEU
Sustainable development is mentioned among the aims of the European Union in Article 3(3) TEU:
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.
International relations
Internationally the European Union has pledged to promote sustainable development, as seen in Article 3(5) TEU:
5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
In its international relations, the European Union pursues common policies and actions in order to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty. Cf. Article 21(2)(d) and (f) TEU.
***
Horizontal clause
One of the horizontal clauses of the Treaty on the Functioning of the European Union (TFEU) is Article 11, which peremptorily declares that environmental protection requirements must be integrated into EU policies and activities:
Article 11 TFEU
(ex Article 6 TEC)
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.
***
EU competence
In the general scheme of things, EU competence in the area of environment is set out in the following way:
Against the background of Article 2 TFEU, with the categories of European Union competence, Article 4(2)(e) TFEU mentions the environment as one of the areas of shared competence.
These general classifications are always subject to the more detailed provisions on certain policy areas.
Ralf Grahn
The environmental, economic and social aspects of sustainable development are clearly felt, when we look at the environment policy objectives of the European Union.
The Treaty of Lisbon underlines the importance of action against climate change (supported by an overwhelming scientific opinion, but with vocal opponents).
We look at the current and the Lisbon Treaty provisions on the EU’s environmental policy aims.
***
Article 174 TEC
Article 174 (ex Article 130r) of the current Treaty establishing the European Community (TEC) sets out the principal aims of European Community (European Union) environment policy, which can be read on their own in paragraph 1.
Paragraph 2 contains a number of important guiding principles for environmental legislation and action. Especially the following ones are worth mentioning:
– a high level of protection
– the precautionary principle
– preventive action
– rectification at source
– the polluter pays
The paragraph evokes the seriousness of environmental concerns by promising safeguard clauses allowing provisional measures, where appropriate and limited to non-economic reasons, as well as subject to control by the European Community.
Paragraph 3 raises expectations of rational decision making, based on scientific and technical data as well as economic and social facts and considerations.
International cooperation is an activity for both the European Community and for the member states (paragraph 4).
Here is Article 174 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123–124:
TITLE XIX
ENVIRONMENT
Article 174 TEC
1. Community policy on the environment shall contribute to pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment,
— protecting human health,
— prudent and rational utilisation of natural resources,
— promoting measures at international level to deal with regional or worldwide environmental problems.
2. Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a Community inspection procedure.
3. In preparing its policy on the environment, the Community shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Community,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Community as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty (ToL)
Article 2, point 143 amended Article 174 (OJEU 17.12.2007 C 306/87):
ENVIRONMENT (CLIMATE CHANGE)
143) Article 174 shall be amended as follows:
(a) in paragraph 1, the fourth indent shall be replaced by the following:
‘— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.’;
(b) in paragraph 2, second subparagraph, the words ‘Community inspection procedure’ shall be replaced by ‘a procedure of inspection by the Union’;
(c) in paragraph 4, first subparagraph, the last phrase ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.
Article 174 TEC first became Article 174 TFEU (ToL), but was then renumbered Article 191 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 191 TFEU
The Article was renumbered and in a number of instances ‘Community’ was replaced by ‘Union’ according to the horizontal amendment mentioned in Article 2, point 2(a) on OJEU page 42 of the original Treaty of Lisbon.
The political change desired by the intergovernmental conference (IGC 2007) was adding ‘and in particular combating climate change’ to the regional and worldwide environmental problems at international level.
Environmental policy already includes action against climate change, but the IGC 2007 felt a need to underline its commitment. The provision does not add EU powers, but growing realisation of the need to act and added emphasis may lead to more concerted action. In this respect the amendment can be called substantive.
Article 191 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/132–133):
TITLE XX
ENVIRONMENT
Article 191 TFEU
(ex Article 174 TEC)
1. Union policy on the environment shall contribute to pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment,
— protecting human health,
— prudent and rational utilisation of natural resources,
— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.
3. In preparing its policy on the environment, the Union shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Union,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Union as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Sustainable development
Preamble TEU
The Lisbon Treaty rests on the principle of sustainable development – balancing its environmental, economic and social aspects – as evoked by the Preamble of the Treaty on European Union (TEU):
DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields.
Article 3 TEU
Sustainable development is mentioned among the aims of the European Union in Article 3(3) TEU:
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.
International relations
Internationally the European Union has pledged to promote sustainable development, as seen in Article 3(5) TEU:
5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
In its international relations, the European Union pursues common policies and actions in order to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty. Cf. Article 21(2)(d) and (f) TEU.
***
Horizontal clause
One of the horizontal clauses of the Treaty on the Functioning of the European Union (TFEU) is Article 11, which peremptorily declares that environmental protection requirements must be integrated into EU policies and activities:
Article 11 TFEU
(ex Article 6 TEC)
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.
***
EU competence
In the general scheme of things, EU competence in the area of environment is set out in the following way:
Against the background of Article 2 TFEU, with the categories of European Union competence, Article 4(2)(e) TFEU mentions the environment as one of the areas of shared competence.
These general classifications are always subject to the more detailed provisions on certain policy areas.
Ralf Grahn
Tuesday, 17 June 2008
Why Europe?
There are fairly small groups of vehement and vocal anti-EU campaigners, but they resonate with varying proportions of national electorates hostile to or suspicious of ‘Brussels’, although profound indifference towards the European Union is probably the prevalent mood, equally frustrating for the anti-EU crowd as for Europhiles.
My attempt to sum up the European malaise is: Distant and meddling.
Distant bureaucrats fine-tuning standards for different products in the internal market, incomprehensible treaties and tons of secondary legislation, unclear responsibilities and poor accountability, almost faceless politicians ushered in from black cars to do, what?
At the same time, a pervasive feeling that these tentacles reach into every nook and cranny, somehow threatening our daily lives and comforts, as well as our jobs and futures.
Thus far, the feelings are common to large swathes of the peoples, but more prevalent among the poor, the uneducated, the old and the rural populations, in short, those who live precariously.
The causes of discontent vary wildly, too, from accusations of an ‘ultra-liberalist’ conspiracy trampling workers’ rights to ‘socialist’ over-regulation choking free enterprise.
***
There is no magic cure. ‘Washington’ is as much of a swearword in US politicking as ‘Brussels’ in Europe, and there is a guaranteed market for various shades of populist hopefuls nationally, regionally and locally.
Although the division of labour between the EU and the member states is far from perfect, the questions decided at the European level tend to be far from the daily concerns of individuals, unless they happen to be directly affected like farmers or fishermen.
***
But something needs to be done. Something could be done.
The European Convention, the Constitutional Treaty and the Lisbon Treaty (in the consolidated version) made some gestures towards presenting the basic rules of the European Union in a readable form, but they all carried with them the luggage of previous treaties.
Their improved aims and principles are admirable. In the long run they strengthen the foundations for progress towards a citizens’ Europe, although the process may be a long one.
But the basic principles and necessary institutions would have to be presented in an even shorter document than the proposed Treaty on European Union. If, despite its intergovernmental character, the common foreign and security policy, including the common security and defence policy, was moved to the proposed Treaty on the Functioning of the European Union, we would be near a readable basic document for EU citizens (as legal texts go).
The constitutional document could be fairly neutral, leaving it to the various political parties to try to convince the EU citizens of the merits of their programmes.
***
Every home in the EU would receive this fundamental document and it would have to be produced in a form which would make people voluntarily place it in their bookshelf for further reference.
The objectives and principles of the European Union tell us something about what the EU has been established for and how it is supposed to work, but more is needed as to why.
More about that in a coming post.
Ralf Grahn
My attempt to sum up the European malaise is: Distant and meddling.
Distant bureaucrats fine-tuning standards for different products in the internal market, incomprehensible treaties and tons of secondary legislation, unclear responsibilities and poor accountability, almost faceless politicians ushered in from black cars to do, what?
At the same time, a pervasive feeling that these tentacles reach into every nook and cranny, somehow threatening our daily lives and comforts, as well as our jobs and futures.
Thus far, the feelings are common to large swathes of the peoples, but more prevalent among the poor, the uneducated, the old and the rural populations, in short, those who live precariously.
The causes of discontent vary wildly, too, from accusations of an ‘ultra-liberalist’ conspiracy trampling workers’ rights to ‘socialist’ over-regulation choking free enterprise.
***
There is no magic cure. ‘Washington’ is as much of a swearword in US politicking as ‘Brussels’ in Europe, and there is a guaranteed market for various shades of populist hopefuls nationally, regionally and locally.
Although the division of labour between the EU and the member states is far from perfect, the questions decided at the European level tend to be far from the daily concerns of individuals, unless they happen to be directly affected like farmers or fishermen.
***
But something needs to be done. Something could be done.
The European Convention, the Constitutional Treaty and the Lisbon Treaty (in the consolidated version) made some gestures towards presenting the basic rules of the European Union in a readable form, but they all carried with them the luggage of previous treaties.
Their improved aims and principles are admirable. In the long run they strengthen the foundations for progress towards a citizens’ Europe, although the process may be a long one.
But the basic principles and necessary institutions would have to be presented in an even shorter document than the proposed Treaty on European Union. If, despite its intergovernmental character, the common foreign and security policy, including the common security and defence policy, was moved to the proposed Treaty on the Functioning of the European Union, we would be near a readable basic document for EU citizens (as legal texts go).
The constitutional document could be fairly neutral, leaving it to the various political parties to try to convince the EU citizens of the merits of their programmes.
***
Every home in the EU would receive this fundamental document and it would have to be produced in a form which would make people voluntarily place it in their bookshelf for further reference.
The objectives and principles of the European Union tell us something about what the EU has been established for and how it is supposed to work, but more is needed as to why.
More about that in a coming post.
Ralf Grahn
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