Brussels, 7 May 2003

The Socialist Group in dialogue with Civil Society

MINUTES

of the meeting on Tuesday, 6 May 2003 in the European Parliament

Opening remarks

Pervenche BERČS, Vice-Chair of the PES Group responsible for relations between the Group and the Civil Society Forum of the European Convention, welcomed participants (including many PES Group Observers) to the fifth PES Group seminar with Civil Society. Over 100 people attended, including most of the PES Observers from the new Member States. Pervenche BERČS said that the Convention had now reached a stage where we can have a global discussion of the content of the Constitution. We want an inclusive process that allows a place for everyone in the Union, based not on the rule of the strongest but on the rule of law.

Round Table
"The Union’s new objectives and policies"

António VITORINO, European Commissioner for Justice and Home Affairs, said that Civil Society has a key role at national and European level in informing the public about the work of the Convention. The Convention works in a very open way, not only in the formal dialogue with Civil Society but also by corresponding with the public and in publishing documents.

The coming meetings will be dominated by the institutional debate but they should not become hostage to it. The institutions are there to serve the objectives of the Union. All parts of the Constitution, policies and institutions, will have the same value and constitutional status.

Few national constitutions embody the content of policies but it is essential that the European Constitution does. The Constitution will embody a European compromise on policy. It is essential that on policies such as anti-discrimination articles in part II of the Constitution have the same legal value as those in part I. The objectives and values in articles two and three must be broad enough to form a legal basis for policies and must not be a "Christmas tree" for adding a detailed list of wishes. The Charter must be incorporated in the Constitution and made legally binding.

In the debate that followed, participants raised:

How the post of "European Minister for Foreign Affairs" would function when he or she will have a different system of nomination and accountability to other Commissioners.
The need for policies to be balanced to reflect social concerns.
The Convention's insistence on discussing institutions rather than policies.
The negative impact of the new subsidiarity provisions on the ability of the Union to act.
The need to give a sound basis for the fight against poverty and in favour of social inclusion.
The lack of transparency in the drafting of the text.
The need to reinforce the provisions on social dialogue.
Whether the provisions on churches are necessary.
How the wishes of Civil Society on anti-discrimination will be reflected in the Constitution.
The need for solidarity to be given equal emphasis to liberty.
Whether and how the European social model can be anchored in the Treaty within the Laeken mandate.
The importance of having effective institutions to implement agreed policies.
The incorporation (or not) of the Euratom Treaty.
The position of education and culture in the Treaty.

Round Table
" Efficiency, transparency and democracy in the new institutional set up"

Richard CORBETT, Member of the PES Group and Co-ordinator of the Committee on Constitutional Affairs, stressed that it is easier to change policies and put them into effect if institutions are flexible and there is a clear link between the two. He gave an outline of the historical progress that has been made since the Single European Act. QMV is extended in the Council and the EP has greater powers but still more must be done to improve efficiency, transparency and democracy.
The Convention is likely to agree on:
Consolidation of the treaties into a single constitution
The three “pillars” being replaced by a single Union structure with legal personality
EU instruments and their terminology being simplified
Charter of Rights to be incorporated into Constitution
All legislation to be by EP-Council co-decision
All Council decisions by QMV (with very few exceptions). QMV to be a “double majority” of States and population
Parliament to elect the President of the Commission. This will increase the impact and visibility of the EP elections.
The opportunity for dialogue with Civil Society and to develop the role of the social partners.

Feri HORVAT, Representative of the Slovenian Parliament in the Convention, said that we must maintain a permanent dialogue with Civil Society. The Praesidium proposal does not meet the expectations of most Slovenian MPs. 90% of Slovenian voters had voted in favour of accession but they did so on the basis that the balance between institutions and between Member States would be maintained along with the Community method. If an immediate compromise cannot be achieved, a transition period may be necessary. On the institutions, the EP should not have more than 732 Members with a minimum of five MEPs per Member State. Rotation in the EU Presidency should be preserved for practical and symbolic reasons.

A Presidency with a longer mandate must be viewed with some scepticism. The Commission's role must be maintained and strengthened and each Member State must have a full Commissioner, at least in the short term. The EU Foreign Minister should be a member of the Commission. Slovenian MPs oppose the building of new institutions such as the Congress of the Peoples.

Among the issues raised in the debate that followed were:

Whether provisions, especially those on freedom of conscience, that are in Union legislation can have the same legal weight as constitutional provisions or whether conscience is a matter for subsidiarity.
How the articles on the democratic life of the Union can be made more concrete and precise.
Access to justice for organisations defending the general interest.
The need to ensure equality of dialogue with different organisations in Civil Society.
The importance of citizens being given a democratic choice at European level and whether article 18a goes far enough.
The need to integrate the debate on European issues into national policies.
How the Broad Economic Guidelines and the balance between economic and social policy will develop in the Constitution.
The rights of all legal residents under the Constitution.
The need for clear recognition of equality and anti-discrimination in articles 2 and 3.
Whether co-regulation and self-regulation should be enshrined in the Constitution.
The cultural dimension of the Constitution.
Whether the Union can be efficient if each Member State has one Commissioner.

Conclusions

Enrique BARÓN CRESPO, President of the PES Group, said that to answer the question "Does the draft Constitution meet our expectations?" we have to look at the historical context and the progress made in making the process more open. Two years ago, there was no consensus on setting up a Convention and the PES Group had argued strongly for it. In European construction, what may seem Utopian now may become a reality in a short period.

We expect that from the Convention

There will be a clear, simple Constitution.
QMV will be extended to all matters subject to co-decision and made simple.
Legislative procedures will be simplified and their number reduced.
The Council's legislative and executive functions will be distinguished. A single legislative Council will be set up, meeting in public.
The Commission's right of legislative initiative will be maintained.
The Union will have legal personality and be able to accede to the ECHR.
The Charter will be incorporated.
The budget will be given a more democratic and legitimate basis.
The role of national parliaments will be reinforced but without establishing a second chamber to the EP.
We agree that the EU should speak with one voice and on the need to fuse the roles of High Representative and Commissioner for External Relations.

Other institutional questions are more controversial:

We do not want to see an "invocatio deo" in the Constitution.
We want the Union to be a European federation of states and peoples.
The Presidency of the Union is a more complex question. We wanted to avoid setting up an Executive Board as proposed by GISCARD and we support election of the Commission President by the EP.

On the Union's policies BARÓN CRESPO congratulated PES Chairs of Convention working groups on their achievements.

More work remains to be done to ensure:

The entrenchment of the European social model.
The global promotion by the Union of peace, development and the protection of human rights.
That equality between men and women is guaranteed and constitutionalised.
That economic and social governance becomes a reality, with harmonisation of taxes relevant to the Internal Market.

On the dialogue with Civil Society, PES Members have tabled amendments seeking to strengthen the role of social partners and provide a sound legal basis for the dialogue.

We will continue to work with Civil Society to pursue our common goals.

The Secretariat of the PES