EU Council: COREPER and General Secretariat (240 TFEU)

The original Treaty of Lisbon replaced the text of Article 207 of the Treaty establishing the European Community (TEC) by a new Article 207 of the Treaty on the Functioning of the European Union (TFEU). Hence, the only difference between the original ToL and the consolidated TFEU is that the provision was renumbered, becoming Article 240 TFEU (OJEU 9.5.2008 C 115/154):


Article 240 TFEU
(ex Article 207 TEC)

1. A committee consisting of the Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the latter. The Committee may adopt procedural decisions in cases provided for in the Council's Rules of Procedure.

2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General appointed by the Council.

The Council shall decide on the organisation of the General Secretariat by a simple majority.

3. The Council shall act by a simple majority regarding procedural matters and for the adoption of its Rules of Procedure.


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Comment

We note the following differences between Article 207 TEC and Article 240 TFEU:

• The Permanent Representatives are now described as representing the Governments of the Member States (instead of the Member States).
• There are small changes to the wording in the French and German treaty versions with regard to the responsibilities, but they are not material. The English version replaces ‘by the Council’ with ‘by the latter’.
• The top of the General Secretariat is reorganised by the Treaty of Lisbon. The High Representative becomes the chair of the Council configuration Foreign Affairs Council as well as one of the Vice-Presidents of the Commission. The Secretary-General of the Council (Secretariat) becomes a separate function. The Deputy Secretary-General is not mentioned specifically. The internal organisation, procedural matters and the Rules of Procedure will be decided by a simple majority. (There has been even less public discussion about the appointment of the new extremely influential position of Secretary-General than about the other top positions of the European Union.)
• The Article 207(3) TEC basic provision on access to documents has been removed from Article 240 TFEU. The corresponding provisions are found in the amended Article 16(8) TEU concerning the Council and Article 15(3) TFEU, with general application.


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In the next posts we are going to look at preparatory work concerning the Lisbon Treaty, available information about the Council, as well as details concerning COREPER, the General Secretariat and the Council’s Rules of Procedure.


Ralf Grahn

EU Council: Permanent Representatives and General Secretariat (207 TEC)

The EU Ambassadors of the member states and their deputies form the crucial link between the national capitals and the European Union preparing the ground for decisions by the Council. COREPER prepares and coordinates preparatory work and executes Council decisions.

The Council is assisted by a General Secretariat, and more detailed rules are laid down in the Council’s Rules of Procedure.


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Current TEC

The Committee of the Permanent Representatives of the member states is usually mentioned under its French acronym COREPER (Comité des représentants permanents). In a treaty based European Union joining member states, the EU Ambassadors and their substitutes constitute the crucial link between preparatory committees and working groups and the Council.

The Council is assisted by the General Secretariat.

The Council’s Rules of Procedure lay down more detailed rules.

These and the main provisions on access to Council documents are currently set out in Article 207 of the Treaty establishing the European Community (TEC) (in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/137-138):



Article 207 TEC

1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions in cases provided for in the Council's Rules of Procedure.

2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary‑General, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting by a qualified majority.

The Council shall decide on the organisation of the General Secretariat.

3. The Council shall adopt its Rules of Procedure.

For the purpose of applying Article 255(3), the Council shall elaborate in these Rules the conditions under which the public shall have access to Council documents. For the purpose of this paragraph, the Council shall define the cases in which it is to be regarded as acting in its legislative capacity, with a view to allowing greater access to documents in those cases, while at the same time preserving the effectiveness of its decision-making process. In any event, when the Council acts in its legislative capacity, the results of votes and explanations of vote as well as statements in the minutes shall be made public.


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Original Lisbon Treaty

Article 2, point 192 of the original Treaty of Lisbon (ToL) replaced Article 207 TEC by a new Article 207 of the Treaty on the Functioning of the European Union (TFEU) (OJEU 17.12.2007 C 306/105):


192) Article 207 shall be replaced by the following:

‘Article 207

1. A committee consisting of the Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the latter. The Committee may adopt procedural decisions in cases provided for in the Council's Rules of Procedure.

2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General appointed by the Council.

The Council shall decide on the organisation of the General Secretariat by a simple majority.

3. The Council shall act by a simple majority regarding procedural matters and for the adoption of its Rules of Procedure.’.


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The next posts look at the consolidated Lisbon Treaty and some detailed provisions on COREPER, the General Secretariat and access to documents, as well as information about Council activities.


Ralf Grahn

EU Council: Voting on behalf of another member

A member of the Council of the European Union can transfer his vote to another member.


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Current TEC

Article 206 of the Treaty establishing the European Community (TEC) offers a Council member the opportunity to be represented by another member of the Council of the European Union (consolidated version of the treaties in force, OJEU 29.12.2006 C 321 E/137):


Article 206 TEC

Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.


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Original Lisbon Treaty

Point 191 of the original Treaty of Lisbon (ToL) amended Article 205 TEC and point 192 replaced the wording of Article 207 TEC, so no specific amendments were made to Article 206 TEC (OJEU 17.12.2007 C 306/104-105.


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Consolidated Lisbon Treaty

There were no horizontal amendments either, so the wording of the provision is unchanged. After renumbering it became Article 239 of the Treaty on the Functioning of the European Union (TFEU) in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/154):


Article 239 TFEU
(ex Article 206 TEC)

Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.


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Does it matter?

Article 11(3) of the Council’s Rules of Procedure (consolidated version of 1 January 2009) reiterates the wording of Article 206 TEC, without adding anything.

According to Article 203 TEC, the Council shall consist of a representative of each member state at ministerial level, authorised to commit the government of that member state.

The contents of Article 16(2) of the amended Treaty on European Union (TEU), in the consolidated Lisbon Treaty, are practically the same:

“The Council shall consist of a representative of each Member State at ministerial level, who may
commit the government of the Member State in question and cast its vote.”

In other words, a representative at ministerial level may transfer his vote to another member of the Council.

The procedure offers the possibility to reach a unanimous decision, if a member is unable to attend, or to reach the needed majority for a decision.

The maximum possible would be 13 member states transferring their votes to as many other members.

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Participation

Sometimes a government minister is absent, and a high-ranking official, such as a Secretary of State or the EU ambassador (permanent representative) participates in the deliberations, but the wording of the provisions seems to exclude the right to vote.


Article 4 of the Council’s Rules of Procedure provides for representation:


Article 4
Representation of a Council member unable to attend

Subject to the provisions of Article 11 on the delegation of voting rights, a member of the Council who is prevented from attending a meeting may arrange to be represented.


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If I remember correctly, Chancellor Gerhard Schröder and President Jacques Chirac made a show of Franco-German amity at one meeting of the European Council, when Schröder left the meeting to attend to domestic politics and said that he would be represented by the French President.

(I failed in my modest efforts to find confirmation, but perhaps some reader of this blog can add a reference.)


Ralf Grahn

EU: Qualified majority voting (QMV)

The treaty reform process started in December 2000 in Nice, but the voting rules of the Council of the European Union are going to take full effect only in April 2017 – if the Treaty of Lisbon enters into force.

It is hardly the overpowering strength of the European Union we as EU citizens have to fear, but its impotence.

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Current treaty

The member states have been accorded votes in the Council roughly in line with their population numbers. Article 205 of the Treaty establishing the European Community (TEC) is found in the latest consolidated version of the treaties, published in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/136-137.

A few days later, on 1 January 2007, Bulgaria and Romania joined the European Union. But the amendment of Article 205 TEC by the 2003 Act of Accession, and the situation after the entry of Bulgaria and Romania is indicated only by a footnote and presented in an Appendix to the consolidated treaty (starting on page 325).

By inserting the changes, we present Article 205 TEC as it is in force since 1 January 2007:

Article 205 TEC

1. Save as otherwise provided in this Treaty, the Council shall act by a majority of its Members.

2. Where the Council is required to act by a qualified majority, the votes of its Members shall be weighted as follows:

Belgium 12‘
Bulgaria 10
Czech Republic 12
Denmark 7
Germany 29
Estonia 4
Greece 12
Spain 27
France 29
Ireland 7
Italy 29
Cyprus 4
Latvia 4
Lithuania 7
Luxembourg 4
Hungary 12
Malta 3
Netherlands 13
Austria 10
Poland 27
Portugal 12
Romania 14’.
Slovenia 4
Slovakia 7
Finland 7
Sweden 10
United Kingdom 29

Acts of the Council shall require for their adoption at least 255 votes in favour cast by a majority of the members where this Treaty requires them to be adopted on a proposal from the Commission.

In other cases, for their adoption acts of the Council shall require at least 255 votes in favour, cast by at least two thirds of the members.

3. Abstentions by Members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.

4. When a decision is to be adopted by the Council by a qualified majority, a member of the Council may request verification that the Member States constituting the qualified majority represent at least 62% of the total population of the Union. If that condition is shown not to have been met, the decision in question shall not be adopted.


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Original Lisbon Treaty

The original Treaty of Lisbon was signed by the heads of state or government on 13 December 2007. It contains horizontal (general) amendments, i.e. terms used throughout the treaties, and amendments specific to each Article. The Lisbon Treaty was published in the OJEU 17.12.2007 C 306.

The specific amendments to Article 205 TEC, to become the Treaty on the Functioning of the European Union (TFEU) were (OJEU 17.12.2007 C 306/104-105):
:
191) Article 205 shall be amended as follows:

(a) paragraphs 1 and 2 shall be replaced by the following:

‘1. Where it is required to act by a simple majority, the Council shall act by a majority of its component members.

2. By way of derogation from Article 9 C(4) of the Treaty on European Union, as from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council, representing Member States comprising at least 65 % of the population of the Union.

3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, in cases where, under the Treaties, not all the members of the Council participate in voting, a qualified majority shall be defined as follows:

(a) A qualified majority shall be defined as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.

A blocking minority must include at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained;

(b) By way of derogation from point (a), where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.’.

(b) paragraph 4 shall be deleted and paragraph 3 shall be renumbered 4.

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Comment

We have to wait until 1 November 2014 for the new rules on qualified majority voting to take effect. Even then they are subject to further delays under the Protocol on transitional provisions.

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Consolidated Lisbon Treaty

After a few months and the publication of a number of “private” consolidations, the Council graciously published a readable (consolidated) version of the Lisbon Treaty, first on its web pages in April and then in the Official Journal, on Europe Day 2008. In part, the amended Article 205 TEC became Article 238 of the Treaty on the Functioning of the European Union (TFEU) (OJEU 9.5.2008 C 115/153-154):

Article 238 TFEU
(ex Article 205(1) and (2), TEC)

1. Where it is required to act by a simple majority, the Council shall act by a majority of its component members.

2. By way of derogation from Article 16(4) of the Treaty on European Union, as from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council, representing Member States comprising at least 65 % of the population of the Union.

3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, in cases where, under the Treaties, not all the members of the Council participate in voting, a qualified majority shall be defined as follows:

(a) A qualified majority shall be defined as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.

A blocking minority must include at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained;

(b) By way of derogation from point (a), where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.

4. Abstentions by Members present in person or represented shall not prevent the adoption by the
Council of acts which require unanimity.

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Article 16(4) and (5) TEU

The basic provisions on voting in the Council are paragraphs 4 and 5 of Article 16 of the Treaty on European Union (TEU), presented here as a reminder (OJEU 9.5.2008 C 115/24):


Article 16(4) and (5) TEU

4. As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.

A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.

The other arrangements governing the qualified majority are laid down in Article 238(2) of the Treaty on the Functioning of the European Union.

5. The transitional provisions relating to the definition of the qualified majority which shall be applicable until 31 October 2014 and those which shall be applicable from 1 November 2014 to 31 March 2017 are laid down in the Protocol on transitional provisions.

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Protocol on transitional provisions

Protocol (No 36) on transitional provisions is an illustration of treaty reform, which requires unanimous agreement between the member states and ratification by every member state. Three different stages are distinguished.

1) From the entry into force of the Treaty of Lisbon until 31 October 2014 the current rules on voting remain in force.
2) In principle, the Lisbon Treaty rules on qualified majority voting (QMV) are in effect between 1 November 2014 and 31 March 2017, subject to a request by a member of the Council to apply the old rules.
3) From 1 April 2017 the intended rules of the Lisbon Treaty become operational.


Protocol (No 36) on transitional provisions (excerpt; OJEU 9.5.2008 C 115/322-323):


PROTOCOL (No 36)
ON TRANSITIONAL PROVISIONS

THE HIGH CONTRACTING PARTIES,

WHEREAS, in order to organise the transition from the institutional provisions of the Treaties applicable prior to the entry into force of the Treaty of Lisbon to the provisions contained in that Treaty, it is necessary to lay down transitional provisions,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:


Article 1

In this Protocol, the words ‘the Treaties’ shall mean the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.

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TITLE II
PROVISIONS CONCERNING THE QUALIFIED MAJORITY


Article 3

1. In accordance with Article 16(4) of the Treaty on European Union, the provisions of that paragraph and of Article 238(2) of the Treaty on the Functioning of the European Union relating to the definition of the qualified majority in the European Council and the Council shall take effect on 1 November 2014.

2. Between 1 November 2014 and 31 March 2017, when an act is to be adopted by qualified majority, a member of the Council may request that it be adopted in accordance with the qualified majority as defined in paragraph 3. In that case, paragraphs 3 and 4 shall apply.

3. Until 31 October 2014, the following provisions shall remain in force, without prejudice to the second subparagraph of Article 235(1) of the Treaty on the Functioning of the European Union.

For acts of the European Council and of the Council requiring a qualified majority, members' votes shall be weighted as follows:

Belgium 12
Bulgaria 10
Czech Republic 12
Denmark 7
Germany 29
Estonia 4
Ireland 7
Greece 12
Spain 27
France 29
Italy 29
Cyprus 4
Latvia 4
Lithuania 7
Luxembourg 4
Hungary 12
Malta 3
Netherlands 13
Austria 10
Poland 27
Portugal 12
Romania 14
Slovenia 4
Slovakia 7
Finland 7
Sweden 10
United Kingdom 29

Acts shall be adopted if there are at least 255 votes in favour representing a majority of the members where, under the Treaties, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 255 votes in favour representing at least two thirds of the members.

A member of the European Council or the Council may request that, where an act is adopted by the European Council or the Council by a qualified majority, a check is made to ensure that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union. If that proves not to be the case, the act shall not be adopted.

4. Until 31 October 2014, the qualified majority shall, in cases where, under the Treaties, not all the members of the Council participate in voting, namely in the cases where reference is made to the qualified majority as defined in Article 238(3) of the Treaty on the Functioning of the European Union, be defined as the same proportion of the weighted votes and the same proportion of the number of the Council members and, if appropriate, the same percentage of the population of the Member States concerned as laid down in paragraph 3 of this Article.

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Hopefully the rest of the world is decent enough to wait for Europe to get its act together.


Ralf Grahn

EU humanitarian aid: ECHO Annual Report 2008

The European Commission has published the Directorate-General for Humanitarian Aid - (ECHO) Annual Report 2008 (Brussels, 1.7.2009 COM(2009) 290 final).



The Directorate-General for Humanitarian Aid (DG ECHO) is the service of the European Commission responsible for providing humanitarian assistance to the people affected by conflicts or disasters, both natural and man-made, in third countries.

The European Union is the largest single donor in operations providing assistance, relief and protection to populations in third countries affected by humanitarian crises. DG ECHO does not implement assistance programmes itself.

The 11 page report offers an overview of the humanitarian aid given by the European Union.

The report is accompanied by the document SEC(2009) 825, which has not been posted among the preparatory documents (SEC). I found neither the latest report nor the SEC document on ECHO’s web page for Annual reports. (Strangely, no SEC document has been posted under preparatory acts since 21 May 2009.)




Ralf Grahn

EU codification and consolidation: Euro introduction

On the European Union’s portal for legal information, Eur-Lex, there is a useful sidebar with Preparatory acts.



It leads us to the reports and proposals of the Commission – COM documents – and to the accompanying SEC documents (often with more detailed background information).

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Codification

One way to simplify EU legislation is by replacing old legal acts, amended a few times (maximum ten), by new codified versions. Codification leads to a new act, although the exercise is technical. It does not change the substance of the original act, as amended, so the procedure is expedited.

A recent example of a proposal to codify EU legislation is the Commission’s Proposal for a Council Regulation (EC) No …/… of […] on the introduction of the euro (Codified version) (Brussels, 1.7.2009 COM(2009) 323 final). Procedure number 2009/0083 (CNS).



The proposal offers a clear example of the codification procedure.

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Consolidation

Eur-Lex often offers an unofficial consolidated (updated) version of a law. By using the simple search function for the legal act in question – in this case Regulation 974/98 – by year (1998) and number 974, the Bibliographic notice shows the existing consolidated versions.

In this case we find that the latest consolidated version is of 1 January 2009.




Ralf Grahn

EU: Consumer protection cooperation

The Regulation 2006/2004 on Consumer Protection Cooperation (the "CPC Regulation") was adopted on 27 October 2004 and entered into force on 29 December 2006 following two years of intensive preparatory work by the Commission and Member States.

Regulation 2006/2004 lays down the conditions under which the competent authorities in the Member States designated as responsible for the enforcement of the laws that protect consumers' interests shall cooperate with each other and with the Commission in order to ensure compliance with those laws and the smooth functioning of the internal market and in order to enhance the protection of consumers' economic interests (Article 1).


The latest consolidated version of Regulation 2006/2004 is of 19 December 2007, but the Regulation has since been amended by Common Position (EC) No 16/2009.



The Commission has now issued a report on the first two years of application of Regulation 2006/2004:

Report from the Commission to the European Parliament and the Council on the application of Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (Brussels, 2.7.2009 COM(2009) 336 final).




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The Commission concludes that the cooperation with and between national consumer protection authorities has been beneficial, but further measures are needed to make it more effective and efficient.

The 23 page Report includes a statistical annex.


Ralf Grahn

Vacation or business: Travelling in Europe 2009

Whether you are heading for your vacation destination or travelling for business purposes, the 11 page brochure Travelling in Europe 2009 is worth a glance. Available at the EU Bookshop.



Travelling in Europe 2009 offers brief information about needed documents (Schengen), money (the euro), approximate exchange rates, cash withdrawals, bank transfers, shopping (tobacco and alcohol), consumer protection, driving licence, car insurance, driving safety, air passenger rights, airport security, rail transport, access to healthcare and the European health insurance card, travel insurance, medicines, immunisation, bathing water, languages, country codes, mobile phones (roaming), postage stamps, electricity, tourist information, weather, time zones (summer time), pets, emergency number 112, national tourist information sites, EU information and basic statistics.

The brochure serves both EU citizens and visitors from third countries.

Indirectly, Travelling in Europe 2009 gives a number of answers to the question: What has Europe ever done for me?


Ralf Grahn

EU: Consumers in Europe 2009

The 2009 edition of the Eurostat publication Consumers in Europe is available at the EU Bookshop.



The abstract of the 382 page Consumers in Europe 2009 offers a view of the contents of this fourth edition, useful for businesses and policy makers:

The 2009 edition of Consumers in Europe presents a comprehensive set of data and related information concerning consumer markets and consumer protection issues within the European Union. The aim of the publication is to bring together the most relevant and useful information for the evaluation and development of consumer policy, not only as a tool for policy-makers, but also for those interested in end-markets and consumer affairs, such as representative organisations, public authorities, or suppliers of goods and services. Much of the data that has been used will feed into the consumer markets scoreboard which has been designed to monitor outcomes in the single market and to make European Union policy in this area more responsive to the expectations and concerns of consumers.

The publication starts with an overview of the single market from the consumer’s perspective, presenting a profi le of European consumers and the retail network, as well as issues relating to access and choice, before looking at key indicators for consumption and prices. The overview also presents information on consumer satisfaction, the quality and safety of goods and services, as well consumer representation and protection.

The remainder of the publication is devoted to 12 specific consumer markets (for example, food and non-alcoholic beverages, housing, transport, or recreation and culture); each chapter covers one top-level heading within the classification of individual consumption by purpose (COICOP), the main classification used to provide detailed data on consumer prices, price levels and consumption expenditure. The chapters are structured in a similar manner to the overview, in an attempt to present harmonised data and a range of key indicators that may be compared across the publication.


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Consumer policy

The introduction on Consumer policy (from page 11) presents the Commission’s main objectives concerning consumers:

• to empower EU consumers so they make more informed choices and thus boost competition and competitiveness;
• to enhance EU consumers’ welfare in terms of price, choice, quality, diversity, affordability and safety;
• to protect consumers eff ectively from the serious risks and threats that they cannot tackle as individuals.

The publication then presents the principal aims of the EU Consumer Policy Strategy 2007-2013 (COM(2007) 99 final), as well as monitoring and consumer protection.


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12 consumer markets

After an overview, a considerable part of the publication is devoted to 12 specific consumer markets:

• food and nonalcoholic beverages;
• alcoholic beverages and tobacco;
• clothing and footwear;
• housing, water, electricity, gas and other fuels;
• furnishings, household equipment and maintenance;
• health;
• transport;
• communications;
• recreation and culture;
• education; hotels,
• cafes and restaurants;
• miscellaneous goods and services)



Ralf Grahn

European Union: Public access to documents

The Commission has published a report on public access to documents: Report from the Commission on the application in 2008 of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (Brussels, 2.7.2009 COM(2009) 331 final).



The legislative process to amend Regulation 1409/2001 continues, so the report has a certain relevance to the discussions in the Council and the European Parliament. The report contains references to the cases handled by the European Ombudsman and decided by the Court of first instance. It contains a summary of reasons clarified by the Court of first instance.

A statistical annex concludes the 18 page report on a subject relevant to openness and transparency in the institutions of the European Union.


Ralf Grahn

European Union: Renewable energy legislation

The latest thematic file on EU legislation over at the legal portal Eur-Lex is Renewable energy (posted 26 June 2009).



Overview of EU law

Thematic files are collections of legal documents on specific fields of EU activity (legislative instruments, preparatory acts, case law, parliamentary questions, etc.).

The idea is not to be exhaustive but rather to group together the most relevant current legislation on the subject in question.

You can consult related acts and/or acts amending original acts in the bibliographic entry for each document.

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The thematic files are handy references for everyone interested in a particular policy area.


Ralf Grahn

Ireland’s Future in the European Union

Ireland’s Future is a civil society group explaining what the Treaty of Lisbon is about, by explaining the facts and fighting misunderstandings.



The Quick Guide – Lisbon 2 and Ireland in the EU (10 June 2009; 28 pages) offers:




Ten Reasons for Supporting Lisbon 2

Why Do We Need the Lisbon Treaty?

Guarantees to Address the Concerns Irish Voters Expressed about the Lisbon Treaty in June 2008

Five Negative Consequences for Ireland of a Second Rejection of the Lisbon Treaty

Ireland’s Economic Recovery Will Be Greatly Helped by a YES to the Second Lisbon Treaty Referendum

The EU is a New and Unique Way of Governing Ourselves

A Strong EU is Vital to a Better Future for Ireland

The 4 Main Reform Provisions of the Lisbon Treaty

Common Misconceptions about the Lisbon Treaty

Irish Neutrality is a Neutrality of Responsibilities

Article 16c of the Lisbon Treaty Places our Values at the Centre of the EU

What Has the EU Done for Me?

About Ireland’s Future.ie




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New developments

The Treaty of Lisbon was agreed between 27 governments. It has been approved by 26 national parliaments.

Since the publication of the Quick Guide, the EU leaders have repeated their assurance that Ireland and all other EU member states will retain a Commissioner, if the Lisbon Treaty enters into force.

In addition, the EU partners have agreed on the detailed guarantees to Ireland, which clarify the meaning of the Lisbon Treaty, in questions where the first referendum campaign sowed doubts about the true meaning.

In these respects, Ireland has achieved a better deal and a clearer deal, even if the text of the Lisbon Treaty remains the same.

This week the Lisbon Treaty was declared compatible with the German Basic Law (Constitution) by the Federal Constitutional Court in Karlsruhe. In Germany and other member states of the European Union improved scrutiny of European Union affairs will be on the agenda of national parliaments.

The Quick Guide is a comprehensive view of main points of the Lisbon Treaty and especially Irish concerns about its contents. The text is aimed at the general public of voting age, so it is not overly technical.

With the latest developments, an updated version would be an option. At the same time a few linguist errors and some simplistic statements could be corrected. A link to the consolidated version of the Lisbon Treaty would come in handy (and the references could be to the readable version of the amending treaty).


Ralf Grahn

EU: Far from perfect union

The Philadelphia Convention (1787) made the great leap from the Articles of Confederation to a federal Constitution for a more perfect union, to enter into force between the ratifying states after nine ratifications:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure to Blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.


The Europeans, more mired in the past than committed to the future, were able only to start on the road towards an ever closer union among the peoples of Europe.

Small steps have brought the project of European integration forward while enlarging the union.

The German Federal Constitutional Court has ruled on the amending Treaty of Lisbon, and we follow its reasoning fairly closely:


The European Union has a structural problem.

In some fields of policy, the European Union has a shape that corresponds to that of a federal state, i.e. is analogous to that of a state. In contrast, the internal decision-making and appointment procedures remain predominantly committed to the pattern of an international organisation, i.e. are analogous to international law; as before, the structure of the European Union essentially follows the principle of the equality of states.

As long as no uniform European people is the subject of legitimisation, the peoples of the European Union, which are constituted in their Member States, remain the decisive holders of public authority, including Union authority.

In Germany (and elsewhere), accession to a European federal state would require the creation of a new constitution, which would go along with the declared waiver of the sovereign statehood safeguarded by the Basic Law (and national Constitutions).

The European Union continues to constitute a union of rule (Herrschaftsverband) founded on international law, a union which is permanently supported by the intention of the sovereign Member States. The primary responsibility for integration is in the hands of the national constitutional bodies which act on behalf of the peoples.

With increasing competences and further independence of the institutions of the Union, safeguards that keep up with this development are necessary in order to preserve the fundamental principle of conferral exercised in a restricted and controlled manner by the Member States.

With progressing integration, fields of action which are essential for the development of the Member States’ democratic opinion-formation must be retained. In particular, it must be guaranteed that the responsibility for integration can be exercised by the state bodies of representation of the peoples.

The further development of the competences of the European Parliament can reduce, but not completely fill, the gap between the extent of the decision-making power of the Union’s institutions and the citizens’ democratic power of action in the Member States.

Neither as regards its composition nor its position in the European competence structure is the European Parliament sufficiently prepared to take representative and assignable majority decisions as uniform decisions on political direction.

Measured against requirements placed on democracy in states, its election does not take due account of equality, and it is not competent to take authoritative decisions on political direction in the context of the supranational balancing of interest between the states.

It therefore cannot support a parliamentary government and organise itself with regard to party politics in the system of government and opposition in such a way that a decision on political direction taken by the European electorate could have a politically decisive effect.

Due to this structural democratic deficit, which cannot be resolved in a Staatenverbund (Confederation), further steps of integration that go beyond the status quo may undermine neither the States’ political power of action nor the principle of conferral.

The peoples of the Member States are the holders of the constituent power.


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A more perfect union

As long as (roughly) equal states hold the power in the European Union, the democratically representative bodies (parliaments) of the peoples of the member states have to guard their interests, and the German Federal Constitutional Court is going to rule on each case brought before it.

The alternative is a European people (EU citizens) as the holder of the constituent power.

This requires a federal Constitution, based on the equality of citizens. Naturally, it would have to safeguard the fundamental rights of its citizens.

In a federal union (Federal Republic of Europe) the European Parliament would be directly elected by the citizens, according to a uniform electoral code, and their vote would determine the European level government through European level and regional parties. (A second chamber for the representatives of the states is conceivable.)

The structural problem and the structural democratic deficit would be eliminated by the federal constitution.


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Is anything to be gained by a federal constitution, a more perfect union?

The interests of EU citizens can be better protected and the European Union can more effectively act as a force for good in the world, if the union conducts our external relations, with all disposable means (foreign, security and defence policy, including our common defence).

“Domestic tranquility” relates to our security, to our individual freedoms and justice. Legitimate lawmaking and accountable government are needed at the European level.

The federal constitution needs to be a living document, subject to needed amendments by the Parliament (Kompetenz-Kompetenz).


Our security and prosperity could be better guaranteed in a federation, but major steps are needed. The Treaty of Lisbon is still far from that more perfect union.



Ralf Grahn

Lisbon – The Irish Guarantees Explained

Ahead of the second referendum, Lisbon - The Irish Guarantees Explained, published by the Institute of International and European Affairs (IIEA) (Dublin, Ireland, June 2009; 12 pages) is a useful recapitulation of what the assurances to Ireland are and are not.



The IIEA offers a number of publications for Irish voters and others, who are interested in the European Union and the Lisbon Treaty:



What the Lisbon Treaty Means (factsheets)

Making Sense of European Security Policy: Ireland and the Lisbon Treaty

Making Sense of European Justice and Home Affairs Policy: Ireland and the Lisbon Treaty

Making Sense of European Social Policy: Ireland and the Lisbon Treaty


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Last summer, a lot of Irish voters confessed that they did not know or understand the Treaty of Lisbon.

This time around, there are some new actors speaking as citizens, with citizens:

Generation Yes is a group of young people promoting Ireland's future in Europe.



Ireland for Europe is an independent and non-party campaign strongly committed to promoting a Yes vote in the referendum on the Lisbon Treaty.




Guarantees, reading materials, positive actors and the rest of Europe waiting – perhaps Ireland is soon ready to embrace its European destiny.


Ralf Grahn

European Union Law Resource Guide

The Cleveland-Marshall College of Law offers a European Union Law Resource Guide (latest update June 2009).



Here are my impressions:

The Guide is clear and simple enough not to intimidate the budding writer. The reader sees the central role of the general Europa portal and the legal portal Eur-Lex.

I wondered at the order of presentation of the various EU Treaties.

The Constitutional Treaty (2004) could have been mentioned in the past tense.

The Treaty of Lisbon: It would be natural to link to the consolidated version published in the Official Journal of the European Union 9.5.2008 C 115.

The EU Charter of Fundamental Rights becomes legally binding only if the Lisbon Treaty enters into force, but I would link to the latest version and the explanations, published OJEU 14.12.2007 C 303.

There are useful links to other research guides.


Ralf Grahn