Surely, not only one, but 27 European governments must have signed away their countries, freedoms, democracy, the rule of law as well as their cultures, traditions and languages on that fatal 13 December 2007 in Lisbon, didn’t they?
Everything worth living and dying for was crushed by the new evil empire born, the European Superstate, wasn’t it?
Alice in Wonderland never had the hallucinating experiences a few glimpses of the English tabloids and blogosphere offer in abundance. Vitriolic distortion seems to be par for the course.
Judging from the shouted comments, few of the scare-mongering crowd have read the existing EU and EC Treaties or the amending Treaty of Lisbon, and even fewer have understood their contents.
The government of the United Kingdom has, along with 26 other governments, signed the Reform Treaty of the European Union, named the Treaty of Lisbon. But the UK government and Parliament have not stood up for the amending Treaty.
Mainly, they have been busy with explaining and exploring where they have managed to obstruct the progress of others and how convincingly they have been able to distance themselves from the rest of Europe by various opt-outs and quibbles over wording.
Instead of relinquishing new powers to the European Union, the Member States have mainly tinkered with the internal “rules of procedure” in order to make the enlarged Union become a bit less ineffective in dealing with the competences it already has.
Effectiveness, democracy and solidarity have advanced timorously. On the whole, the European Union is not going to be able to act decisively on the world stage, in spite of growing global challenges.
The foreign, security and defence policies of the European Union continue to be highly intergovernmental and ineffective, requiring unanimity in crucial decisions (liberum veto) and practically outside democratic scrutiny at the Union level. That the individual governments lack the capacity to meet the main challenges effectively, seems to be a minor concern.
***
Let us look at what the amended Treaty on European Union actually says.
After the basic Treaty structure, values and objectives of the European Union, we reach some of the umpteen reminders that the EU at this stage is mainly a creature of Member States’ governments, and that the Union is held on a short leash (well too short to achieve its most important aims).
Instead of a list of overwhelming powers being relinquished by the governments, we are confronted with a variety of clauses hedging in the capacity of the European Union to act.
Up front, the EU Treaty resembles the Ten Commandments: Thou shalt not …
Time and again, we are reminded of what the Union shall not do, irrespectively of if the Member States can meet the challenges effectively on their own.
***
The new Article 3a, paragraph 1, tells us that the European Union exercises only the powers conferred upon it. The principle of attributed powers limits the scope of Union legislation and action. Everything the EU does, has to be based on the Treaties.
All other powers (competences) remain with the Member States. And the Member States themselves, through their representatives, man the European Council and the Council, the two most important institutions of the EU.
The European Union may not be fully democratic, but it is subject to the rule of law.
In addition to the principle of equality of Member States, Article 3a, paragraph 2, contains a host of pointers on the questions remaining within the purview of the Member States. National identities, political and constitutional structures, regional and local self-government, territorial integrity, law and order as well as national security (mentioned twice) remain, fundamentally, matters for the Member States. (This follows the wording of the Constitutional Treaty, Article I-5, paragraph 1, except for the mainly repetitive words now added: In particular, national security remains the sole responsibility of each Member State.)
Since the European Union is a joint effort, established to promote common interests, Article 3a, paragraph 3, reminds us that team efforts are needed. On the whole, the European Union lacks the administrative machinery needed to execute its acts and decisions. Therefore, the Member States have an obligation to fulfil these obligations. This shall be done in a spirit of loyal cooperation. (Article 10 of the current TEC is essentially the same as the second and third subparagraphs of Article 3a(3); Article I-5, paragraph 2, of the Constitutional Treaty would have been essentially the same as the whole paragraph 3 of Article 3a).
***
The Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07). Article 3 is repealed and the following Article 3a is inserted:
1. In accordance with Article 3b, competences not conferred upon the Union in the Treaties remain with the Member States.
2. The Union shall respect the equality of the Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.
3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.
***
The Member States are mentioned ad nauseam in the amended Treaty on European Union, but otherwise I see very little to merit popular uprisings or grave insults. Tedious stuff, mainly.
I realise that I am a hack, totally lacking the inventive spirit of tabloid journalists.
Ralf Grahn
Sunday, 16 December 2007
Friday, 14 December 2007
EU Treaty of Lisbon now in Swedish
One hopeful step for mankind, when the quest for consolidated versions of the Treaty of Lisbon has yielded another result.
Sieps, the Swedish Institute for European Policy Studies has published a consolidated version of the Lisbon Reform Treaty of the European Union on its Swedish web page.
Now we have a Swedish updated Lisbon Treaty in addition to the English, French and Spanish consolidations I have mentioned before.
Four languages is a good start, but the EU has 23 official languages. There are still 19 language versions to produce, before we can speak of equal treatment of the citizens of the European Union.
As always, I am grateful for information on existing or forthcoming consolidated versions in different languages.
Ralf Grahn
Source:
Sieps – Svenska institutet för europapolitiska studier: Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf); Choose the Swedish pages http://www.sieps.se
Sieps, the Swedish Institute for European Policy Studies has published a consolidated version of the Lisbon Reform Treaty of the European Union on its Swedish web page.
Now we have a Swedish updated Lisbon Treaty in addition to the English, French and Spanish consolidations I have mentioned before.
Four languages is a good start, but the EU has 23 official languages. There are still 19 language versions to produce, before we can speak of equal treatment of the citizens of the European Union.
As always, I am grateful for information on existing or forthcoming consolidated versions in different languages.
Ralf Grahn
Source:
Sieps – Svenska institutet för europapolitiska studier: Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf); Choose the Swedish pages http://www.sieps.se
Thursday, 13 December 2007
Anti-Europeans showed their true ilk
The anti-European MEPs who launched their demonstration in the European Parliament yesterday really showed the stuff they are made of.
Trying to disrupt the proclamation of the EU Charter of Fundamental Rights, endorsed by a vast majority of the Parliament, as well as the governments of the Member States and the European Commission, is in extremely bad taste.
Euphemistically calling themselves Eurosceptics, they have nothing philosophical about their manners or aims. Loutish behaviour seems to be pack and parcel with their anti-European ilk.
Choosing the proclamation of the Charter of Fundamental Rights as the setting for their disruptive and childish behaviour must have emanated from a highly insular kind of genius.
Largely symbolic, the Charter is one of the signs that the citizens of the European Union were not totally forgotten in the process leading up to the Treaty of Lisbon.
The Charter embodies, in a coherent manner, freedoms as well as political, economic and social rights and principles concerning citizens. The Charter is the most comprehensive and up to date codification of legally binding human rights on this planet.
It is not the fault of 25 Member States that Poland and the United Kingdom chose to opt out of the Charter. There must be interesting reasons for these two countries to disenfranchise their own citizens, but the new Polish government seems to have understood that these reasons are unconvincing in the long run.
And Great Britain? But that is a story for grown-ups, said Kipling.
Ralf Grahn
Trying to disrupt the proclamation of the EU Charter of Fundamental Rights, endorsed by a vast majority of the Parliament, as well as the governments of the Member States and the European Commission, is in extremely bad taste.
Euphemistically calling themselves Eurosceptics, they have nothing philosophical about their manners or aims. Loutish behaviour seems to be pack and parcel with their anti-European ilk.
Choosing the proclamation of the Charter of Fundamental Rights as the setting for their disruptive and childish behaviour must have emanated from a highly insular kind of genius.
Largely symbolic, the Charter is one of the signs that the citizens of the European Union were not totally forgotten in the process leading up to the Treaty of Lisbon.
The Charter embodies, in a coherent manner, freedoms as well as political, economic and social rights and principles concerning citizens. The Charter is the most comprehensive and up to date codification of legally binding human rights on this planet.
It is not the fault of 25 Member States that Poland and the United Kingdom chose to opt out of the Charter. There must be interesting reasons for these two countries to disenfranchise their own citizens, but the new Polish government seems to have understood that these reasons are unconvincing in the long run.
And Great Britain? But that is a story for grown-ups, said Kipling.
Ralf Grahn
Who is the best anti-European?
The Kosmopolit blog looked at the relative merits of Jaroslaw Kaczynski, Gordon Brown and Nicolas Sarkozy on blocking or undermining the European Union: The quiet, the loud and the hyperactive: Who is the best anti-European?
Yesterday the Charter of Fundamental Rights of the European Union was proclaimed in Strasbourg and today we are going to witness the signing ceremony of the Treaty of Lisbon.
We should be overjoyed, shouldn’t we? Why these doubting questions from Kosmopolit?
***
I posted a comment, which I am going to repeat here:
Who will be successful in blocking decisions?
Your question is sadly revealing of the mindset of national leaders (feudal lords) trying to insulate Europe against success in the world and to ensure that intergovernmentalism is enshrined instead of democratic accountability in foreign, security and defence policies.
The Treaty of Lisbon, to be signed later today, separately by Mr Brown, is no quantum leap for the security, prosperity and democratic rights of EU citizens.
The bickering leaders may be tired of institutional reform, but they have left the European project in a state of infirmity and disarray.
Europe is, in a way, the “old Continent”, but must it also be decrepit?
Let other politicians, think-tanks, researchers, journalists, NGOs and democratically inclined citizens of the European Union keep up the pressure, in spite of our weary leaders.
***
It is impossible to speak with one voice in the world, if one voice is all it takes in the European Council or Council to block decision-making and when the individual states safeguard their freedom to act independently on the international stage.
It is inconsistent to enshrine values of openness, transparency and democracy, when back-room dealing between state governments leave the European Parliament and the Union’s citizens as mere spectators.
Let it be said, the Charter of Fundamental Rights and the Treaty of Lisbon are improvements on the Nice Treaty, but they fall far short of the effective, democratic and solidary European Union the collective interests of its citizens call for.
Ralf Grahn
Source:
Kosmopolit: The quiet, the loud and the hyperactive: Who is the best anti-European? 13 December 2007; http://kosmopolit.wordpress.com
Yesterday the Charter of Fundamental Rights of the European Union was proclaimed in Strasbourg and today we are going to witness the signing ceremony of the Treaty of Lisbon.
We should be overjoyed, shouldn’t we? Why these doubting questions from Kosmopolit?
***
I posted a comment, which I am going to repeat here:
Who will be successful in blocking decisions?
Your question is sadly revealing of the mindset of national leaders (feudal lords) trying to insulate Europe against success in the world and to ensure that intergovernmentalism is enshrined instead of democratic accountability in foreign, security and defence policies.
The Treaty of Lisbon, to be signed later today, separately by Mr Brown, is no quantum leap for the security, prosperity and democratic rights of EU citizens.
The bickering leaders may be tired of institutional reform, but they have left the European project in a state of infirmity and disarray.
Europe is, in a way, the “old Continent”, but must it also be decrepit?
Let other politicians, think-tanks, researchers, journalists, NGOs and democratically inclined citizens of the European Union keep up the pressure, in spite of our weary leaders.
***
It is impossible to speak with one voice in the world, if one voice is all it takes in the European Council or Council to block decision-making and when the individual states safeguard their freedom to act independently on the international stage.
It is inconsistent to enshrine values of openness, transparency and democracy, when back-room dealing between state governments leave the European Parliament and the Union’s citizens as mere spectators.
Let it be said, the Charter of Fundamental Rights and the Treaty of Lisbon are improvements on the Nice Treaty, but they fall far short of the effective, democratic and solidary European Union the collective interests of its citizens call for.
Ralf Grahn
Source:
Kosmopolit: The quiet, the loud and the hyperactive: Who is the best anti-European? 13 December 2007; http://kosmopolit.wordpress.com
EU Treaty of Lisbon objectives
Why is there a European Union? What do the Member States want to promote or achieve by joining forces within an institutional framework which presupposes team play? Why have these Member States voluntarily decided to pool their resources, more or less effectively, in certain areas?
The UK Foreign Secretary David Miliband gave one answer when he dealt with threats to our prosperity and security: Nation-states, for all their continuing strengths, are too small to deal on their own with these big problems, but global governance is too weak.
***
The general aims of the European Union are, in my humble opinion, acceptable, but the question remains if the Member States have been able to equip the Union with adequate means to meet our common challenges effectively.
The security threats are supposed to be met by common foreign, security and defence policies, but these seem to fall short of the simple test posed by Alexander Hamilton: “the means ought to be proportional to the end” (The Federalist, Number XXIII). Here, the intergovernmental conference seems to have further strengthened the centrifugal forces, worsened the prospects for effective decision-making and deepened the democratic deficit.
***
The Treaty of Lisbon merges the European Community into a single European Union. In addition, some of the proposals of the Constitutional Treaty find their home among the objectives of the revised Treaty on European Union.
As between rival siblings, jealousy and bickering may lead to spurious victories: French government officials have congratulated themselves on banning free and undistorted competition from the objectives of the Union to a Protocol annexed to the Treaties (Protocol on the internal market and competition).
German industrialists, British merchants, American capitalists, Polish plumbers and Chinese entrepreneurs, all have undermined the confidence of a great nation, always on the lookout for a protective political fix. Only now, it is to be called protection, not protectionism.
***
The Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07),
Article 2
1. The Union’s aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.
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.
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity, and ensure that Europe’s cultural heritage is safeguarded and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the euro.
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.
6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties.
Ralf Grahn
The UK Foreign Secretary David Miliband gave one answer when he dealt with threats to our prosperity and security: Nation-states, for all their continuing strengths, are too small to deal on their own with these big problems, but global governance is too weak.
***
The general aims of the European Union are, in my humble opinion, acceptable, but the question remains if the Member States have been able to equip the Union with adequate means to meet our common challenges effectively.
The security threats are supposed to be met by common foreign, security and defence policies, but these seem to fall short of the simple test posed by Alexander Hamilton: “the means ought to be proportional to the end” (The Federalist, Number XXIII). Here, the intergovernmental conference seems to have further strengthened the centrifugal forces, worsened the prospects for effective decision-making and deepened the democratic deficit.
***
The Treaty of Lisbon merges the European Community into a single European Union. In addition, some of the proposals of the Constitutional Treaty find their home among the objectives of the revised Treaty on European Union.
As between rival siblings, jealousy and bickering may lead to spurious victories: French government officials have congratulated themselves on banning free and undistorted competition from the objectives of the Union to a Protocol annexed to the Treaties (Protocol on the internal market and competition).
German industrialists, British merchants, American capitalists, Polish plumbers and Chinese entrepreneurs, all have undermined the confidence of a great nation, always on the lookout for a protective political fix. Only now, it is to be called protection, not protectionism.
***
The Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07),
Article 2
1. The Union’s aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.
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.
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity, and ensure that Europe’s cultural heritage is safeguarded and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the euro.
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.
6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties.
Ralf Grahn
Monday, 10 December 2007
Treaty of Lisbon values
In the final version of the EU Treaty of Lisbon, the values of the European Union have been inserted in Article 1a (CIG 14/07).
The wording is the same as in the Treaty establishing a Constitution for Europe, Article I-2.
At present, the values are mentioned in the Treaty on European Union, Article 6.1: The 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.
The values are fundamental, not only to the European Union, but said to be common to the Member States.
The values offer a guide for assessing every action of the European Union, both external and internal. They act as guidelines for enlargement, since new Member States have to fulfil these criteria.
Sanctions may be applied to Member States in breach of the Union’s values (new Article 7).
***
The consolidated Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07), Title I, General Provisions:
Article 1a
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
***
The next posting is going to present the Union’s aims (Article 2).
Ralf Grahn
The wording is the same as in the Treaty establishing a Constitution for Europe, Article I-2.
At present, the values are mentioned in the Treaty on European Union, Article 6.1: The 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.
The values are fundamental, not only to the European Union, but said to be common to the Member States.
The values offer a guide for assessing every action of the European Union, both external and internal. They act as guidelines for enlargement, since new Member States have to fulfil these criteria.
Sanctions may be applied to Member States in breach of the Union’s values (new Article 7).
***
The consolidated Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07), Title I, General Provisions:
Article 1a
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
***
The next posting is going to present the Union’s aims (Article 2).
Ralf Grahn
Sunday, 9 December 2007
Consolidated Treaty of Lisbon
People may be for or against, or undecided, but all have a right to readable information on
the Reform Treaty of the European Union, to be named the Treaty of Lisbon.
Quite a number of people seem to be looking for consolidated versions, with the new Treaties inserted into the existing ones. Some might even be ready to base their opinions on facts.
Therefore, I am going to repeat information which can be found in different blog postings since the middle of October.
The official, reader-unfriendly version of the Treaty of Lisbon consists of two documents of the intergovernmental conference (IGC 2007), dated 3 December 2007: the Final Act (CIG 15/07) and the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (CIG 14/07), posted on the web site of the Council.
The intergovernmental conference 2007 has accomplished its task. The signing ceremony takes place in Lisbon on 13 December 2007.
The official text is hard to read, since it consists of amendments. In order to see the Treaties as a whole, you need to compare with the existing Treaties.
***
The citizens of the European Union need reader-friendly, or at least a little bit less unreadable, versions of the new Treaties. In a Union in which decisions are taken as openly as possible and as closely as possible to the citizen (Article 1, paragraph 2, of both the present and the amended EU Treaty) and which observes the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies (Article 8 of the amended EU Treaty), consolidated versions of the Treaty of Lisbon should be available to every citizen in his or her language.
Until now, the institutions of the European Union or the governments of the Member States have not made consolidations available. Luckily, other bodies have published consolidated versions, in four of the 23 official languages of the EU.
The Irish Institute of European Affairs (IIEA) and professor Steve Peers (Statewatch Observatory on the Constitution/Reform Treaty) have published consolidations in English. The French National Assembly (Assemblée nationale) has produced a French version and the think-tank Real Instituto Elcano a Spanish one.
The web addresses are:
http://www.iiea.com English
http://www.statewatch.org English
http://www.assemblee-nationale.fr French
http://www.realinstitutoelcano.org Spanish
Are there other consolidations, which I have not noticed, yet? Are there plans for other language versions?
I am grateful for information you might have.
Ralf Grahn
the Reform Treaty of the European Union, to be named the Treaty of Lisbon.
Quite a number of people seem to be looking for consolidated versions, with the new Treaties inserted into the existing ones. Some might even be ready to base their opinions on facts.
Therefore, I am going to repeat information which can be found in different blog postings since the middle of October.
The official, reader-unfriendly version of the Treaty of Lisbon consists of two documents of the intergovernmental conference (IGC 2007), dated 3 December 2007: the Final Act (CIG 15/07) and the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (CIG 14/07), posted on the web site of the Council.
The intergovernmental conference 2007 has accomplished its task. The signing ceremony takes place in Lisbon on 13 December 2007.
The official text is hard to read, since it consists of amendments. In order to see the Treaties as a whole, you need to compare with the existing Treaties.
***
The citizens of the European Union need reader-friendly, or at least a little bit less unreadable, versions of the new Treaties. In a Union in which decisions are taken as openly as possible and as closely as possible to the citizen (Article 1, paragraph 2, of both the present and the amended EU Treaty) and which observes the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies (Article 8 of the amended EU Treaty), consolidated versions of the Treaty of Lisbon should be available to every citizen in his or her language.
Until now, the institutions of the European Union or the governments of the Member States have not made consolidations available. Luckily, other bodies have published consolidated versions, in four of the 23 official languages of the EU.
The Irish Institute of European Affairs (IIEA) and professor Steve Peers (Statewatch Observatory on the Constitution/Reform Treaty) have published consolidations in English. The French National Assembly (Assemblée nationale) has produced a French version and the think-tank Real Instituto Elcano a Spanish one.
The web addresses are:
http://www.iiea.com English
http://www.statewatch.org English
http://www.assemblee-nationale.fr French
http://www.realinstitutoelcano.org Spanish
Are there other consolidations, which I have not noticed, yet? Are there plans for other language versions?
I am grateful for information you might have.
Ralf Grahn
Saturday, 8 December 2007
Two Treaties but one European Union
My aim is to walk through the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), step by step, as if the Reform Treaty to be known as the Treaty of Lisbon was in force. I am going to present a consolidated version of the Treaties, Article by Article. I imagine that my rudimentary comments might be helpful to students and citizens who want basic information.
***
The Treaty of Lisbon is just what it says, an international treaty between states, not a Constitution based on the people.
The Member States have chosen to underline this fact by adding the words “on which the Member States confer competences to attain objectives they have in common” to the first paragraph.
On the other hand, these “competences” (powers) make the European Union unique (sui generis) among international organisations, since the Member States have created supranational institutions with legislative, executive and judiciary powers.
If the first phase, European integration was dominated by the aim to ensure peace between the Member States and to enhance living standards by creating a common market. The present main challenges of the European Union are global and transnational security and economic concerns, which the individual Member States are progressively less capable of handling on their own.
The second paragraph on “an ever closer union” is unchanged. From a citizen’s perspective it is an important principle that decisions are to be taken as openly as possible and as closely as possible to the citizen, although at this stage it reflects government “for the people” rather than “of the people” or “by the people”.
The third paragraph merges the present European Union and the European Community (EC; former EEC) into one European Union (EU). The EC is replaced by the EU and thus becomes history. At the same time Community legislation and activities continue within the EU.
If the Treaty of Lisbon enters into force, we are going to have one Union, but two Treaties. The first one, with amendments, is called the Treaty on European Union, as today. The second one is going to have a new name: the Treaty on the Functioning of the European Union. Together they are “the Treaties”.
***
The consolidated Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07), Title I, General Provisions (formerly Common Provisions):
Article 1
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they have in common.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as “the Treaties”). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
***
Our next look is going to be at the founding values of the European Union.
Ralf Grahn
P.S. Readable consolidations of the new Treaties in all of the official languages are a basic necessity if the EU aims to act openly, close to the citizen and to treat all citizens equally.
There are consolidated versions of the Treaty of Lisbon, in English by the Institute of European Affairs (IIEA), in Ireland, and by professor Steve Peers (Statewatch Observatory on the Constitution/Reform Treaty), as well as in French (Assemblée nationale) and in Spanish (Real Instituto Elcano).
English http://www.iiea.com
English http://www.statewatch.org
French http://www.assemblee-nationale.fr
Spanish http://www.realinstitutoelcano.org
I am grateful for information on existing or forthcoming consolidations in different languages.
***
The Treaty of Lisbon is just what it says, an international treaty between states, not a Constitution based on the people.
The Member States have chosen to underline this fact by adding the words “on which the Member States confer competences to attain objectives they have in common” to the first paragraph.
On the other hand, these “competences” (powers) make the European Union unique (sui generis) among international organisations, since the Member States have created supranational institutions with legislative, executive and judiciary powers.
If the first phase, European integration was dominated by the aim to ensure peace between the Member States and to enhance living standards by creating a common market. The present main challenges of the European Union are global and transnational security and economic concerns, which the individual Member States are progressively less capable of handling on their own.
The second paragraph on “an ever closer union” is unchanged. From a citizen’s perspective it is an important principle that decisions are to be taken as openly as possible and as closely as possible to the citizen, although at this stage it reflects government “for the people” rather than “of the people” or “by the people”.
The third paragraph merges the present European Union and the European Community (EC; former EEC) into one European Union (EU). The EC is replaced by the EU and thus becomes history. At the same time Community legislation and activities continue within the EU.
If the Treaty of Lisbon enters into force, we are going to have one Union, but two Treaties. The first one, with amendments, is called the Treaty on European Union, as today. The second one is going to have a new name: the Treaty on the Functioning of the European Union. Together they are “the Treaties”.
***
The consolidated Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07), Title I, General Provisions (formerly Common Provisions):
Article 1
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they have in common.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as “the Treaties”). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
***
Our next look is going to be at the founding values of the European Union.
Ralf Grahn
P.S. Readable consolidations of the new Treaties in all of the official languages are a basic necessity if the EU aims to act openly, close to the citizen and to treat all citizens equally.
There are consolidated versions of the Treaty of Lisbon, in English by the Institute of European Affairs (IIEA), in Ireland, and by professor Steve Peers (Statewatch Observatory on the Constitution/Reform Treaty), as well as in French (Assemblée nationale) and in Spanish (Real Instituto Elcano).
English http://www.iiea.com
English http://www.statewatch.org
French http://www.assemblee-nationale.fr
Spanish http://www.realinstitutoelcano.org
I am grateful for information on existing or forthcoming consolidations in different languages.
Friday, 7 December 2007
Treaty of Lisbon Preamble
The Conference of the Representatives of the Governments of the Member States has published the text of the so called Reform Treaty, dated 3 December 2007. The subject of the CIG 14/07 text is the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community.
The Preamble is a good point to start thinking about the European values, said to have become universal, and about the process of European integration, marked by different stages of development and steps to be taken.
This Preamble is part of the final text of the intergovernmental conference, intended for signing in Lisbon on 13 December 2007.
***
His Majesty the King of the Belgians et al.
DESIRING to complete the process started by the Treaty of Amsterdam and by the Treaty of Nice with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action,
HAVE RESOLVED to amend the Treaty on European Union, the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,
and to this end have designated as their Plenipotentiaries:
-----
The Treaty on European Union shall be amended in accordance with the provisions of this Article.
Treaty of Lisbon consolidated version of the Preamble:
RESOLVED to mark a new stage in the process of European integration undertaken with the establishment of the European Communities,
DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,
RECALLING the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe,
CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law,
CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed in Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers,
DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,
DESIRING to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them,
RESOLVED to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty and of the Treaty on the Functioning of the European Union, a single and stable currency,
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,
RESOLVED to establish a citizenship common to nationals of their countries,
RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article 17, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world,
RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing an area of freedom, security and justice, in accordance with the provisions of this Treaty and of the Treaty on the Functioning of the European Union,
RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity,
IN VIEW of further steps to be taken in order to advance European integration,
HAVE DECIDED to establish a European Union and to this end have designated as their Plenipotentiaries:
-----
***
The second recital is new, taken from the Treaty establishing a Constitution for Europe, signed in Rome on 29 October 2004 and published in the Official Journal of the European Union on 16 December 2004 (C series, No 310).
In the now eighth and twelfth recitals the Treaty on the Functioning of the European Union has been added.
Ralf Grahn
P.S. There are consolidated versions of the Treaty of Lisbon, in English by the Institute of European Affairs (IIEA), in Ireland, and by professor Steve Peers (Statewatch), as well as in French (Assemblée nationale) and in Spanish (Real Instituto Elcano). I am grateful for information on existing or forthcoming consolidations in different languages.
The Preamble is a good point to start thinking about the European values, said to have become universal, and about the process of European integration, marked by different stages of development and steps to be taken.
This Preamble is part of the final text of the intergovernmental conference, intended for signing in Lisbon on 13 December 2007.
***
His Majesty the King of the Belgians et al.
DESIRING to complete the process started by the Treaty of Amsterdam and by the Treaty of Nice with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action,
HAVE RESOLVED to amend the Treaty on European Union, the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,
and to this end have designated as their Plenipotentiaries:
-----
The Treaty on European Union shall be amended in accordance with the provisions of this Article.
Treaty of Lisbon consolidated version of the Preamble:
RESOLVED to mark a new stage in the process of European integration undertaken with the establishment of the European Communities,
DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,
RECALLING the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe,
CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law,
CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed in Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers,
DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,
DESIRING to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them,
RESOLVED to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty and of the Treaty on the Functioning of the European Union, a single and stable currency,
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,
RESOLVED to establish a citizenship common to nationals of their countries,
RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article 17, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world,
RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing an area of freedom, security and justice, in accordance with the provisions of this Treaty and of the Treaty on the Functioning of the European Union,
RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity,
IN VIEW of further steps to be taken in order to advance European integration,
HAVE DECIDED to establish a European Union and to this end have designated as their Plenipotentiaries:
-----
***
The second recital is new, taken from the Treaty establishing a Constitution for Europe, signed in Rome on 29 October 2004 and published in the Official Journal of the European Union on 16 December 2004 (C series, No 310).
In the now eighth and twelfth recitals the Treaty on the Functioning of the European Union has been added.
Ralf Grahn
P.S. There are consolidated versions of the Treaty of Lisbon, in English by the Institute of European Affairs (IIEA), in Ireland, and by professor Steve Peers (Statewatch), as well as in French (Assemblée nationale) and in Spanish (Real Instituto Elcano). I am grateful for information on existing or forthcoming consolidations in different languages.
Thursday, 6 December 2007
Reader-friendly Treaty of Lisbon
Finally the cause for consolidated versions of the EU Reform Treaty or Treaty of Lisbon seems to make headway.
At a joint meeting for members of 27 EU national parliaments and of the European Parliament, Jo Leinen, chairman of the EP Constitutional Affairs Committee, stressed the need for a proper communication policy to explain the content and the objectives of the reform to the public. He called for a reader-friendly version of the over-complex Reform Treaty.
Jean-Luc Dehaene said that it is necessary that citizens are fully involved regardless of the ratification procedure chosen by each Member State.
***
The French National Assembly has published a 281 page report by its Foreign Affairs Committee, with consolidated versions on the Treaty on European Union and the Treaty on the functioning of the European Union. This consolidated Treaty in French is based on the 18 October 2007 version; thus, some linguistic modifications may have been made in the final treaty texts which have been posted on the IGC 2007 web site of the Council.
***
In accordance with the principle of equality of the citizens of the Union (Treaty of Lisbon, Article 8) more readable, user-friendly consolidated versions of the Treaty of Lisbon should be published instantly by one of the institutions of the European Union in all the official languages of the EU and distributed widely in collaboration with the Member States.
The same procedure should be applied to the EU Charter of Fundamental Rights, including (the languages of) the countries whose leaders have chosen to opt out. Citizens should be treated equally by the EU institutions.
Ralf Grahn
Sources:
National parliaments’ role in EU affairs improved by new Treaty; European Parliament News, 4 December 2007; http://www.europalr.europa.eu
Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;
http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf
At a joint meeting for members of 27 EU national parliaments and of the European Parliament, Jo Leinen, chairman of the EP Constitutional Affairs Committee, stressed the need for a proper communication policy to explain the content and the objectives of the reform to the public. He called for a reader-friendly version of the over-complex Reform Treaty.
Jean-Luc Dehaene said that it is necessary that citizens are fully involved regardless of the ratification procedure chosen by each Member State.
***
The French National Assembly has published a 281 page report by its Foreign Affairs Committee, with consolidated versions on the Treaty on European Union and the Treaty on the functioning of the European Union. This consolidated Treaty in French is based on the 18 October 2007 version; thus, some linguistic modifications may have been made in the final treaty texts which have been posted on the IGC 2007 web site of the Council.
***
In accordance with the principle of equality of the citizens of the Union (Treaty of Lisbon, Article 8) more readable, user-friendly consolidated versions of the Treaty of Lisbon should be published instantly by one of the institutions of the European Union in all the official languages of the EU and distributed widely in collaboration with the Member States.
The same procedure should be applied to the EU Charter of Fundamental Rights, including (the languages of) the countries whose leaders have chosen to opt out. Citizens should be treated equally by the EU institutions.
Ralf Grahn
Sources:
National parliaments’ role in EU affairs improved by new Treaty; European Parliament News, 4 December 2007; http://www.europalr.europa.eu
Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;
http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf
Wednesday, 5 December 2007
EU Presidency: Slovenia 2008
I already wrote that Slovenia is part of the euro zone, has a population of two million, has opened its preliminary Presidency web site and acts as President of the Council of the European Union (including the European Council) from 1 January 2008. Now it is time to take a closer look.
When France invited ministers from the first and second Presidency trio, the Slovenian Foreign Minister Dimitrij Rupel stressed that his country would like to see a Europe which invests in people and works for the future.
The ratification processes of the Reform Treaty are going to be on the agenda. The Lisbon strategy for growth and jobs reaches a new phase of implementation. Environmental changes require the attention of the EU Council. There are great foreign policy challenges: the Middle East peace process, continued integration of the Western Balkans, and Kosovo, where Rupel stressed the importance of reaching unity within and outside the European Union.
Slovenia wants to contribute to the dialogue between different cultures and religions, and the government has made a proposal to establish a Euro-Mediterranean university in Piran.
***
At an EPC seminar Slovenia’s EU ambassador said that Slovenia had been preparing for the EU Presidency since 2005. Ljubljana is going to start the ratification process of the Lisbon Treaty almost immediately after signing, and would begin work on the detailed decisions needed to implement the new Treaty provisions.
The renewed Lisbon strategy for growth and jobs is not going to change policies radically, but more resources will be put into research and innovation, renewing business potential, helping small and medium-sized enterprises and improving labour markets.
In January, after the United Nations’ Bali Meeting, the European Commission is going to publish an energy and climate change package containing binding targets to reduce emissions. The Permanent Representative hoped that the European Council in March would endorse the proposals. In parallel work continues to liberalise the electricity and gas markets.
Senčar emphasized the importance of a European perspective for the Western Balkans. The fight against organised crime and further security reforms are important in the region. Easing the visa regime could bring about progress, which is impossible while young people remain isolated from Europe.
Unity within the European Union and with the USA and Russia on the status of Kosovo is essential. Bold action is needed to enable Serbia to become a “strategic partner” of the EU, Senčar said.
***
Every EU Presidency is important for the different dossiers, so there is considerable advance interest among those who follow European affairs.
A succinct but undated Presentation as well as additional information and news can be found on the web pages of the Slovenian Government Office for European Affairs. Before the Presidency pages in three languages (English, French and Slovene) become more active, these web pages seem to offer the most to those from the outside who are interested in getting to know the next EU Presidency.
The think-tank Notre Europe has promised a study by Manja Klemenčič on the Slovenian Presidency shortly.
Ralf Grahn
Background and sources:
Slovenian EU presidency preliminary website, fully online as of 1 January 2008; http://www.eu2008.si
Slovenia’s Presidency of the Council of the European Union; Government Communication Office; http://www.ukom.gov.si/eng
The programme and priorities of Slovenia’s Presidency of the Council of the EU; Government Communication Office; http://www.ukom.gov.si/eng
Slovenian Foreign Minister Dimitrij Rupel speaks at French Government consultations on the EU’s future; 17 november 2007; http://www.mzz.gov.si
EU Integration and Citizenship – Priorities of the Slovenian Presidency; European Policy Centre, EPC, 3 December 2007; http://www.epc.eu
Presentation, highlights, documents, news etc.; Government of the Republic of Slovenia, Government Office for European Affairs; http://www.svez.gov.si/en/
Notre Europe: a study on the Slovenian EU Presidency by Manja Klemenčič is going to be published shortly; http://www.notre-europe.eu
When France invited ministers from the first and second Presidency trio, the Slovenian Foreign Minister Dimitrij Rupel stressed that his country would like to see a Europe which invests in people and works for the future.
The ratification processes of the Reform Treaty are going to be on the agenda. The Lisbon strategy for growth and jobs reaches a new phase of implementation. Environmental changes require the attention of the EU Council. There are great foreign policy challenges: the Middle East peace process, continued integration of the Western Balkans, and Kosovo, where Rupel stressed the importance of reaching unity within and outside the European Union.
Slovenia wants to contribute to the dialogue between different cultures and religions, and the government has made a proposal to establish a Euro-Mediterranean university in Piran.
***
At an EPC seminar Slovenia’s EU ambassador said that Slovenia had been preparing for the EU Presidency since 2005. Ljubljana is going to start the ratification process of the Lisbon Treaty almost immediately after signing, and would begin work on the detailed decisions needed to implement the new Treaty provisions.
The renewed Lisbon strategy for growth and jobs is not going to change policies radically, but more resources will be put into research and innovation, renewing business potential, helping small and medium-sized enterprises and improving labour markets.
In January, after the United Nations’ Bali Meeting, the European Commission is going to publish an energy and climate change package containing binding targets to reduce emissions. The Permanent Representative hoped that the European Council in March would endorse the proposals. In parallel work continues to liberalise the electricity and gas markets.
Senčar emphasized the importance of a European perspective for the Western Balkans. The fight against organised crime and further security reforms are important in the region. Easing the visa regime could bring about progress, which is impossible while young people remain isolated from Europe.
Unity within the European Union and with the USA and Russia on the status of Kosovo is essential. Bold action is needed to enable Serbia to become a “strategic partner” of the EU, Senčar said.
***
Every EU Presidency is important for the different dossiers, so there is considerable advance interest among those who follow European affairs.
A succinct but undated Presentation as well as additional information and news can be found on the web pages of the Slovenian Government Office for European Affairs. Before the Presidency pages in three languages (English, French and Slovene) become more active, these web pages seem to offer the most to those from the outside who are interested in getting to know the next EU Presidency.
The think-tank Notre Europe has promised a study by Manja Klemenčič on the Slovenian Presidency shortly.
Ralf Grahn
Background and sources:
Slovenian EU presidency preliminary website, fully online as of 1 January 2008; http://www.eu2008.si
Slovenia’s Presidency of the Council of the European Union; Government Communication Office; http://www.ukom.gov.si/eng
The programme and priorities of Slovenia’s Presidency of the Council of the EU; Government Communication Office; http://www.ukom.gov.si/eng
Slovenian Foreign Minister Dimitrij Rupel speaks at French Government consultations on the EU’s future; 17 november 2007; http://www.mzz.gov.si
EU Integration and Citizenship – Priorities of the Slovenian Presidency; European Policy Centre, EPC, 3 December 2007; http://www.epc.eu
Presentation, highlights, documents, news etc.; Government of the Republic of Slovenia, Government Office for European Affairs; http://www.svez.gov.si/en/
Notre Europe: a study on the Slovenian EU Presidency by Manja Klemenčič is going to be published shortly; http://www.notre-europe.eu
Tuesday, 4 December 2007
Treaty of Lisbon final wording
The Portuguese Presidency of the European Union has announced that the final wording of the Treaty of Lisbon has been published on the web site of the Council.
The Final Act of the inter-governmental conference CIG15/07 contains the protocols and declarations (36 pages).
The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community CIG 14/07 contains the two amended treaties (287 pages) in their agreed, “unreadable” form.
These versions are the final ones, intended for signing on 13 December 2007 in Lisbon.
Ralf Grahn
Sources:
Portuguese Presidency web page; http://www.eu2007.pt
Council IGC web page with the final texts; http://www.consilium.europa.eu/cms3_applications/Applications/igc2007/doc_register.asp?lang=EN&cmsid=1300
The Final Act of the inter-governmental conference CIG15/07 contains the protocols and declarations (36 pages).
The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community CIG 14/07 contains the two amended treaties (287 pages) in their agreed, “unreadable” form.
These versions are the final ones, intended for signing on 13 December 2007 in Lisbon.
Ralf Grahn
Sources:
Portuguese Presidency web page; http://www.eu2007.pt
Council IGC web page with the final texts; http://www.consilium.europa.eu/cms3_applications/Applications/igc2007/doc_register.asp?lang=EN&cmsid=1300
Treaty of Lisbon as samizdat literature
Remember the days of clandestine copying and distribution of government-suppressed literature or other media in Soviet-bloc countries? (Definition: Wikipedia) Although most comparisons between the European Union and the late Soviet Union are over the top, I am going to draw a parallel in one specific case: the Treaty of Lisbon.
The unwarranted and counter-productive refusal of the Council and other institutions of the European Union to publish consolidated versions of the Treaty of Lisbon merits this treatment.
Naturally, the institutions themselves need consolidations in their daily internal work, but keeping them unofficial and out of reach for the general public makes a mockery of transparency and talk of re-connecting with citizens.
The bi-lingual web site Europa-eu-audience has found and published French parallel versions, circulating in the European Parliament, of the Treaty on European Union and the Treaty on the Functioning of the European Union. For each Treaty the amended text and the present contents are presented side by side.
Europa-eu-audience asks why these texts are not published on paper (EU-bookshop) and on line (Eur-Lex), of course with reservations that the documents are unofficial.
I want to congratulate Europa-eu-audience on their investigative work and on publishing these tools for interested parties.
Every chink in the armour makes the institutions of the European Union and the governments of the member states look more mean-spirited and ridiculous, deservedly.
Instead of user-friendly information we have samizdat literature in the European Union A.D. 2007.
The time is ripe for the European Council to admit that it made a serious miscalculation, and to rectify its mistake with lightning speed.
Ralf Grahn
Sources:
Wikipedia: Samizdat; http://en.wikipedia.org/w/index.php?title=Samizdat&oldid=168603756
Europa-eu-audience & en.europa-eu-audience: « Traité consolidé de Lisbonne » en français ( non officiel ) / “Consolidated Treaty of Lisbon” (French versions, non official); 3 December 2007;
http://europa-eu-audience.typepad.com/
The unwarranted and counter-productive refusal of the Council and other institutions of the European Union to publish consolidated versions of the Treaty of Lisbon merits this treatment.
Naturally, the institutions themselves need consolidations in their daily internal work, but keeping them unofficial and out of reach for the general public makes a mockery of transparency and talk of re-connecting with citizens.
The bi-lingual web site Europa-eu-audience has found and published French parallel versions, circulating in the European Parliament, of the Treaty on European Union and the Treaty on the Functioning of the European Union. For each Treaty the amended text and the present contents are presented side by side.
Europa-eu-audience asks why these texts are not published on paper (EU-bookshop) and on line (Eur-Lex), of course with reservations that the documents are unofficial.
I want to congratulate Europa-eu-audience on their investigative work and on publishing these tools for interested parties.
Every chink in the armour makes the institutions of the European Union and the governments of the member states look more mean-spirited and ridiculous, deservedly.
Instead of user-friendly information we have samizdat literature in the European Union A.D. 2007.
The time is ripe for the European Council to admit that it made a serious miscalculation, and to rectify its mistake with lightning speed.
Ralf Grahn
Sources:
Wikipedia: Samizdat; http://en.wikipedia.org/w/index.php?title=Samizdat&oldid=168603756
Europa-eu-audience & en.europa-eu-audience: « Traité consolidé de Lisbonne » en français ( non officiel ) / “Consolidated Treaty of Lisbon” (French versions, non official); 3 December 2007;
http://europa-eu-audience.typepad.com/
Monday, 3 December 2007
Slovenia and EU Presidency countries
According to the present EC Treaty (Article 203) the office of President shall be held in turn by each Member State in the Council for a term of six months in the order decided by the Council acting unanimously. In an expanded European Union with 27 members each Member State would be in charge once in about fourteen years.
If the Treaty of Lisbon enters into force on 1 January 2009, the European Council and the Foreign Affairs Council are going to get permanent Presidents and the rest of the Council configurations are going to advance one more step towards team Presidencies. I described these changes in two articles on my Swedish blog.
***
Portugal has a few weeks left of its Presidency. Eurozone country Slovenia is going to shoulder the Presidency from the beginning of January until the end of June 2008. This is a major undertaking for a country with a population of two million.
Slovenia, which is the first of the new Member States to take on the task, has opened its preliminary Presidency web site. It should be in active use from 1 January, but already you can find basic information about the country and you can subscribe to newsletters and news alerts.
In advance of the formal changes in the Constitutional Treaty and now the Treaty of Lisbon, the Member States of the EU have gradually moved towards greater continuity in the work of the Council than offered by unconnected six month programmes. The 18 month joint Presidency programme of Germany, Portugal and Slovenia was the first of its kind.
Within this programme Slovenia stresses four issues:
the future of the EU (the Treaties and institutional reform)
EU enlargement and the new neighbourhood policy (particularly the Western Balkans)
energy
intercultural dialogue
Since the original programme is on its last leg, modifications seem likely.
***
The next Presidency trio consists of
France (July – December 2008)
Czech Republic (January – June 2009)
Sweden (July – December 2009)
Despite their different approaches to European integration, these countries should manage to agree on a joint 18 month programme.
France may be the last Member State to handle an undivided Presidency of the EU. The French government is preparing for its EU Presidency with ferocious energy and a high profile.
Ralf Grahn
Background and sources:
Ralf Grahn: Ny tid för EU-ordförandeskapen (in Swedish); 1 December 2007; http://grahnblawg.blogspot.com
Ralf Grahn: Ordförandeskapet i Lissabonfördraget (in Swedish); 2 December 2007; http://grahnblawg.blogspot.com
Slovenian EU presidency website online as of 1 January 2008; http://www.eu2008.si
Slovenia’s Presidency of the Council of the European Union; Government Communication Office; http://www.ukom.gov.si/eng
The programme and priorities of Slovenia’s Presidency of the Council of the EU; Government Communication Office; http://www.ukom.gov.si/eng
Saturday, 1 December 2007
EU Fundamental Rights
The Charter of Fundamental Rights of the European Union was originally proclaimed by the EU institutions in Nice in December 2000. It was, and still is, a politically binding document.
The Charter, with minor modifications, was then supposed to become the legally binding Part II of the Treaty Establishing a Constitution for Europe, signed by the governments of all the member states in October 2004.
The Charter then lapsed along with the Constitutional Treaty.
The 2007 intergovernmental conference agreed to make the Charter legally binding, but leave it outside the text of the amended Treaty on European Union (Treaty of Lisbon). The relevant provision is Article 6, paragraph 1:
“The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, as adapted [at Strasbourg, on 12 December 2007], which shall have the same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.”
***
Interestingly, the Charter does not confer any new rights on the citizens of the European Union. The rights and principles mentioned are all derived from the Treaties and existing EU legislation, the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and other international documents.
Materially the Charter means no revolution, no evolution even. Well, what is the point of the exercise?
The Charter brings these different rights and principles together and shapes them into a visible and logical whole. It is a statement of the values the European Union is founded on and set to promote internally and externally.
The Charter is the most up to date human rights document in the world, a source of pride for the citizens of the European Union. It is going to be a source of reference for human rights in the EU and around the world.
Naturally, the Charter would have been more visible if it had become an integral part of the Treaty of Lisbon, but legally it does not matter.
Thursday 29 November the European Parliament gave its assent to the Charter with 534 votes in favour, 85 against and 21 abstentions, clearing the way for the joint proclamation on 12 December 2007 in Strasbourg, one day before the signing of the Lisbon Treaty.
***
Despite the mainly symbolic character of the Charter, it is not going to apply to all EU citizens. Both the United Kingdom and Poland opted out. (Protocol No 7 on the application of the Charter of Funadmental Rights to Poland and to the United Kingdom)
***
The new Polish government, which needs the support of the morally conservative opposition egged on by the Catholic Bishops, has chosen to let the opt-out stand in order to secure ratification of the Treaty of Lisbon.
The former Polish government wanted no spill-over in the sphere of public morality, family law, as well as the protection of human dignity and respect for human physical and moral integrity (Declaration 51). On the other hand, the then Polish government stressed that it fully respects social and labour rights (Declaration 53).
***
In the Britain the House of Commons European Scrutiny Committee has expressed doubts on the effectiveness of the Protocol on the Charter of Fundamental Rights. The Committee does not consider that the Protocol guarantees that the Charter can have no effect on the law of the United Kingdom when it is combined with consideration of the implementation of Union law (Conclusion 73).
The Committee wanted the matters (red lines) raised to be debated on the Floor of the House before the Treaty is signed, and it therefore decided to hold the draft Treaty under scrutiny.
The Parliament in the homeland of Magna Carta is afraid that the future Court of Justice of
the European Union might some day by some back door extend unwanted rights to UK residents. Perhaps the very social and labour rights respected by Poland (and the other member states) are at the centre of UK apprehension.
***
The MEPs urged Poland and the UK to make every effort to arrive, after all, at a consensus on the unrestricted applicability of the Charter, but it looks as if the citizens of these two countries have a long wait ahead of them.
Is European mainstream thinking on fundamental rights wrong and Poland and the United Kingdom misunderstood geniuses?
Ralf Grahn
Sources:
European Parliament approves the Charter of Fundamental Rights and urges UK and Poland to apply it; Press release, 29 November 2007; http://www.europarl.europa.eu
Treaty Establishing a Constitution for Europe; (Official Journal of the European Union, 16 December 2004, C 310)
IGC documents; http://www.consilium.europa.eu
House of Commons, European Scrutiny Committee: European Union Intergovernmental Conference: Follow-up report; 27 November 2007; http://www.publications.parliament.uk/pa/cm/cmeuleg.htm
The Charter, with minor modifications, was then supposed to become the legally binding Part II of the Treaty Establishing a Constitution for Europe, signed by the governments of all the member states in October 2004.
The Charter then lapsed along with the Constitutional Treaty.
The 2007 intergovernmental conference agreed to make the Charter legally binding, but leave it outside the text of the amended Treaty on European Union (Treaty of Lisbon). The relevant provision is Article 6, paragraph 1:
“The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, as adapted [at Strasbourg, on 12 December 2007], which shall have the same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.”
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Interestingly, the Charter does not confer any new rights on the citizens of the European Union. The rights and principles mentioned are all derived from the Treaties and existing EU legislation, the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and other international documents.
Materially the Charter means no revolution, no evolution even. Well, what is the point of the exercise?
The Charter brings these different rights and principles together and shapes them into a visible and logical whole. It is a statement of the values the European Union is founded on and set to promote internally and externally.
The Charter is the most up to date human rights document in the world, a source of pride for the citizens of the European Union. It is going to be a source of reference for human rights in the EU and around the world.
Naturally, the Charter would have been more visible if it had become an integral part of the Treaty of Lisbon, but legally it does not matter.
Thursday 29 November the European Parliament gave its assent to the Charter with 534 votes in favour, 85 against and 21 abstentions, clearing the way for the joint proclamation on 12 December 2007 in Strasbourg, one day before the signing of the Lisbon Treaty.
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Despite the mainly symbolic character of the Charter, it is not going to apply to all EU citizens. Both the United Kingdom and Poland opted out. (Protocol No 7 on the application of the Charter of Funadmental Rights to Poland and to the United Kingdom)
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The new Polish government, which needs the support of the morally conservative opposition egged on by the Catholic Bishops, has chosen to let the opt-out stand in order to secure ratification of the Treaty of Lisbon.
The former Polish government wanted no spill-over in the sphere of public morality, family law, as well as the protection of human dignity and respect for human physical and moral integrity (Declaration 51). On the other hand, the then Polish government stressed that it fully respects social and labour rights (Declaration 53).
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In the Britain the House of Commons European Scrutiny Committee has expressed doubts on the effectiveness of the Protocol on the Charter of Fundamental Rights. The Committee does not consider that the Protocol guarantees that the Charter can have no effect on the law of the United Kingdom when it is combined with consideration of the implementation of Union law (Conclusion 73).
The Committee wanted the matters (red lines) raised to be debated on the Floor of the House before the Treaty is signed, and it therefore decided to hold the draft Treaty under scrutiny.
The Parliament in the homeland of Magna Carta is afraid that the future Court of Justice of
the European Union might some day by some back door extend unwanted rights to UK residents. Perhaps the very social and labour rights respected by Poland (and the other member states) are at the centre of UK apprehension.
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The MEPs urged Poland and the UK to make every effort to arrive, after all, at a consensus on the unrestricted applicability of the Charter, but it looks as if the citizens of these two countries have a long wait ahead of them.
Is European mainstream thinking on fundamental rights wrong and Poland and the United Kingdom misunderstood geniuses?
Ralf Grahn
Sources:
European Parliament approves the Charter of Fundamental Rights and urges UK and Poland to apply it; Press release, 29 November 2007; http://www.europarl.europa.eu
Treaty Establishing a Constitution for Europe; (Official Journal of the European Union, 16 December 2004, C 310)
IGC documents; http://www.consilium.europa.eu
House of Commons, European Scrutiny Committee: European Union Intergovernmental Conference: Follow-up report; 27 November 2007; http://www.publications.parliament.uk/pa/cm/cmeuleg.htm
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