Dear Europeans,

Now that all the draft articles for the first and third part of the Constitution have been published, the public debate on the possible result of the Convention is become more and more lively. Many youth organisations, political organisations and other NGOs are raising their voices about the first constitutional draft. There are even serious proposals for a head-to-head debate between the President of the European Commission, Romano Prodi, and the President of the Convention, Valery Giscard d’Estaing. The work of the Convention members and civil society in these last weeks will be crucial in determining the final result of the Convention. The proposals presented by the Presidiums have not yet attracted the support of the majority of the Convention members, but more and more majority alliances have been built between Convention members on a wide range of issues. The debate on 15-16 April will show whether the Presidium will accept these majorities, or whether Giscard is determined to overrule the views of Convention members and instead push forward his own personal views on the future of Europe.

“Convention on the future of Europe chairman Valéry Giscard d’Estaing has been called many things in his time and now he has a new title to live up to – Mr. Destiny.
That’s the name bestowed upon the former French president by the Young European Federalists (JEF) in a mock newspaper, THE DAILY EUROPEAN, which it circulated among Convention members.
The paper also ran an advertisement for the post of a future EU president, stating that the ideal candidate must have the imagination and resources necessary to pursue a policy agenda against “determinde and often irrational” opposition.”

[Article in the European Voice, 30th article, www.european-voice.com.]

TREATY - ESTABLISHING A CONSTITUTION FOR EUROPE

PART I - CONSTITUTIONAL STRUCTURE

TITLE I : Definition and objectives of the Union

Article 1 - Establishment of the Union [Conv 528/03]

1. Reflecting the will of the peoples and the States of Europe to build a common future, this Constitution establishes a Union [entitled …], within which the policies of the Member States shall be coordinated, and which shall administer certain common competences on a federal basis.

2. The Union shall respect the national identities of its Member States.

3. The Union shall be open to all European States whose peoples share the same values, respect them and are committed to promoting them together.

To see the full constitution click: Download file

1. Presentation of new draft Articles

Institutions

The President informed the Convention that the European Council meeting in Athens on 16 April had confirmed that the results of the Convention should be presented to the next European Council in Salonika on 20 June. This was therefore now the firm deadline to which the Convention must work.

Suggestion for amendment of Article : 34 doc
By Ms / Mr : Voggenhuber, Lichtenberger,

Article 34: The principle of participatory democracy

1. Every citizen person shall have the right to participate in the democratic life of the Union. The Union recognises that freedom of information and active citizenship are fundamental for the legitimacy of its decisions and actions, wherefore it takes its decisions as openly and closely as possible to the citizen.

Resolution adopted by the national ombudsmen and similar bodies of the Member States of the EU, meeting at their fourth seminar, held in Athens 7-8 April 2003

The national ombudsmen and similar bodies of the Member States of the EU, conscious of the need to strengthen and deepen their cooperation in order to promote the rule of law, democracy, human rights and access to justice.

To see the full resolution, see: http://register.consilium.eu.int/pdf/en/03/cv00/cv00699en03.pdf.

The Committee notes the advances made by the Working Group Report on Defence and concurs with the Groups findings.

We endorse the findings of the Working Group Report on External Action on the creation of a European External Action Service, a joint diplomatic service and giving the European Representative autonomy over funding to allow financing crisis management on an urgent basis.

3. We are, however, concerned that the Working Group has not been able to reach a conclusion on whether there should be Qualified Majority Voting (QMV) on Foreign Policy issues. As the Working Group failed to reach any conclusion it is difficult to see any way forward on this regard. The Committee is particularly concerned that extended QMV on foreign policy would in effect mean QMV on defence issues.

To see the full contribution, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00710en03.pdf.

Extract:

3. The text of the new Constitutional Treaty is appearing in stages and there remain some substantial gaps. It is somewhat unusual for General and Final clauses to be considered so early in the process of preparing a Treaty. They are usually taken at the end of the substantive negotiations and are often considered as being ielawyers™ lawlw. Typically they address technical treaty law matters such as entry into force, territorial scope, conditions of participation, ratification, deposit and duration. As will be explained in Part 3 of this Report a number of these draft provisions raise points of some political and/or practical concern. The fundamental nature of the change which the new Treaty would bring about requires greater attention than usual to be focussed on these technical clauses. This Report highlights some of the potential problems.

4. The format of this Report follows that of our earlier Reports in this series. Each Article is followed by an Explanatory note (the text of which has been prepared by the Convention Secretariat) and a Commentary added by the Committee.

To see the full contribution, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00708en03.pdf.

‚The European Commission: Countdown to extinction?™

It is often stated that what distinguishes the European Union from more classic modes of international cooperation is its supranational factor. In many areas of Union political activity, policy does not result merely from intergovernmental bargaining between diplomats representing states. Instead, the fathers of the European Economic Community created a ‚European Commission™ to be an independent political body representing EU interests -with no affiliation with member states-forming the core of Union integration. The task of this Commission as an independent European executive was and is to further EU integration by implementing legislation where necessary, enforcing established European law and making legislative proposals to the EU legislature. Concerning this last competence the Commission has an exclusive right of policy initiation in all areas of EU policy-making except justice and home affairs and foreign- and security policy, meaning that the Council of Ministers needs unanimous approval to amend Commission proposals. This right can justly be called the bastion of Commission power over EU legislation. It is the core of EU supranationalism.

To see the full contribution, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00705en03.pdf.

Draft Proposal of addition of a new article on in The open method of coordination

Presented by Alberto Costa and Guilherme Oliveira Martins

New Article: Open Method of Coordination

1. Member States may develop an open coordination of national policies in order to enhance their effectiveness towards some European common goals, respecting the national specificities.
The open method of coordination is based on the definition of common guidelines or common objectives by a decision [or a recommendation] from the Council, under a proposal from the Commission and can include timetables, indicators and exchange of best practices.

To see the full contribution, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00701en03.pdf.

We would like to draw your attention to the following. The discussion circle on the Court of Justice has recently finished its deliberations and the final report of its Chairman has been submitted to the Members of the Convention (CONV 636/03). A major part of the discussion in the circle focused on possible amendments to the current Art. 230 para. 4 TEC in order to improve access to the Courts of the Union by citizens.
Currently actions for annulment brought by individuals against legal acts of the European Community, which directly interfere with their rights, but are not directly addressed to them, are subject to very strict conditions on admissibility. In a great number of cases, due to this strict criteria, actions have to be declared inadmissible, though they may be well founded.

To see the full contribution, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00716en03.pdf.

Released on 8 May 2003

With over 250 events on 9 May, the European Federalists (JEF, UEF) will take their vision for a more united and democratic Europe to the streets. Europe Day is a good opportunity to promote the European idea all over the continent - in EU countries, future member states and beyond. The European Federalists will be on the spot with discussion forums, info stands, information actions and European parties.

Brussels, Friday 4 April 2003

The European Youth Forum, representing millions of young people all over Europe through their associations, welcomes the draft Article 34 as a basis for discussion. The article was presented today by the Convention Presidium and concerns participatory democracy.

The fact that the Presidium has agreed to include this article provides the ground for an important innovation in the Constitution, namely that the EU's primary law would recognise for the first time the vital role civil society plays in European democracy.

To read a french report on this meeting, see: Download file

Contribution du Forum Permanent de la Société Civile au débat sur la Constitution de l'Europe Unie

Un système institutionnel fondé sur la démocratie représentative, participative, paritaire et pluraliste

Bruxelles, le 6 mai 2003

Madame, Monsieur le membre de la Convention,

En vue de la session de la Convention consacrée au Titre IV de la Constitution européenne, le Forum permanent de la société civile se prononce pour l'adoption d'un système institutionnel à caractère fédéral, fondé sur les principes de la démocratie représentative, participative, paritaire et pluraliste.

Le Forum permanent de la société civile propose notamment d'introduire dans la Constitution les dix éléments suivants :

To read the entire letter, click : Download file

To see the full study, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00703en03.pdf.

EIN EUROPÄISCHER VERFASSUNGSVERTRAG – Das Konzept von CDU und CSU

Resolution der CDU/CSU-Fraktionsvorsitzenden der deutschen Länderparlamente und des Deutschen Bundestages sowie des Vorsitzenden der EVP-ED-Fraktion im Europäischen Parlament; angenommen auf der Großen Konferenz der Fraktionsvorsitzenden am 29. April 2003 in Brüssel