Did the Constitutional Treaty Answer the Laeken Questions - Essay Example

Yvonne Marie Leyson Academia-Research Laeken Questions and Constitutional Treaty 23 April 2006 Did the Constitutional Treaty Answer the Laeken Questions The treaty establishing the European Constitution for the European Union does not cover the whole Europe in a geographical sense. With the main aim of replacing the overlapping set of existing treaties that comprise the Union's current constitution and to "streamline decision-making in what is now a 25-member organization"1. The Laeken Declaration accompanies "the setting up of a convention to pave the way for the inter-governmental conference in 2004 with an invitation from the European Council to consider a number of questions about the Union's future development"2 to build a more strong and unified European continent. The main matters dealt with during the Laeken Council held in Belgium included new measures in the area of Justice and Home Affairs which emphasized on the European Arrest Warrant, a common definition of terrorism, and the European Justice the seats of 10 new EU agencies. As a guide for the citizen's expectations raised in the summit, poll evidence in other countries suggest that the citizens want a more effective EU in terms of foreign and security policy, environment and a more clear fight against organized crime. September 11th has stretched the pace of integration of external and internal security. The treaty's provisions in the internal security policies is the "affirmation on the respect for human dignity, freedom, equality, the rule and respect for human rights including minorities, non-discrimination and equality between men and women"3. Common policies on border checks; asylum and immigration are provided under the treaty where cooperation is expected on judicial matters and police implementation scheme. Under this power, the Commission will have the power to take the member states to court for "failure to implement legislation on most justice matters like infringement procedures"4. The treaty is aiming to facilitate recognition of judgments and judicial decisions in criminal matter having a cross-border dimension. Such rules may cover mutual recognition and admissibility of evidence between member states in their criminal procedures. The Council acting by an unanimous vote with its members intends to specifically address crimes like terrorism, trafficking of humans and sexual exploitation, drug trade and arms, money laundering, corruption, counterfeit, computer and organised crime. The concerns specifically expressed regarding security measures were catered for in the treaty. The Constitutional Treaty has addressed the several questions raised during the Laeken council but the new solidarity clause specifies that any member state which becomes a victim to a terrorist attack or other disaster will receive assistance from other member states. The question on the clear distinction on the exclusive competence of the Union and the member states and the particular the powers assigned by the treaties to the union was raised. The European convention in answer has submitted a proposal that underlines "a catalog of competences is not the aim of the exercise and that the five countries prefer a flexible approach to the issue of competences, but explicitly stating that the Union has no competences other than those conferred on it by the Member States through the treaties"5. More precisely, the powers of the EU may be widespread but is also narrow where exclusive competence is nowhere defined. There is no rigid demarcation line between the EU and its member states. Where EU and its member states have a more forceful power in trade and monetary policies- in other aspects it is playing second fiddle to the member states. Where EU enjoys no general competence and nobody is arguing that it requires one, "the five member states propose the creation of a new political body, consisting of national parliamentarians mandated by the council, to ensure scrutiny of proposals by EU institutions"6. For the most part, as a proposing body a presidency with a popular mandate would provide both mandate and accountability for the commission's role in initiating Union proposals. The presidency however is feared to politicize the Commission by creating in effect a political party spectrum. This does not mean that the Presidency should be left vacant only that its implications should be carefully considered where independence in the administration is valued, "tasks might be devolved away from a more political commission leadership to subsidiary agencies7". The six exclusive competences remains unchanged for the previous treaties which includes the Euro zone monetary policy, customs union, competition rules, conservation of marine biology, commercial policies and the conclusion of limited international agreements. With the objective of delivering a good policy there is still a strong need over basic policy chores, regulations and finance taken at the EU level which is still lacking. The principle of subsidiarity and proportionality can be applied in each phase of the EU legislative process. The European regional and local authorities and the Committee of Regions can take part and express their views and more precisely check compliance with the principles throughout the pre-legislative and legislative phase. Moreover, the future Constitutional treaty, will allow national parliaments of member States and the Committee of Regions to institute proceedings before the European Court of Justice. On multi-level governance, the Commission has also initiated a new mode of consultation with the associations of local and regional authorities in which so-called structured dialogue meetings brings together members of the European Commission and representatives of the associations8. The need for ensuring wide-range consultations before proposing major policy initiatives in the course of their adoption prepared and organised by the Committee of Regions. The member states are left with the tasks within their preserve such as education, tourism, sport, culture, public health and social security. Although the EU my contribute to policy formation member states should take on a more direct responsibility for the delivery and co-financing of some EU policies including agricultural programmes and fisheries. Positive contribution to the EU information is encouraged. On the national parliament role to develop a European public area, the EU could either help or hinder the development of a public space. "For all its opacity, governance by committees of experts does at least expose participants in the European arena to a need to consider arguments offered by actors from member states other than their own"9. On the other hand help could be provided if national parliaments move towards a European public space through more national debates to create awareness on Union questions. This could be encouraged through a suggestion once made by the Danish Folketing, "that national parliament should have the right to submit written opinions on draft legislation prepared by the Commission"10. Citizens will have an access of documents subject to inter-institutional agreement.11 Along the lines of democratic legitimacy and transparency of the present institutions the question of enhancement on authority and efficiency was raised. The reduction of the size and collegial chamber was raised as an ultimate answer. Under the Treaty, the union shall chair council meetings and reduce its involvement in commitments, giving the Commission more autonomy to act as the EU executive. Off loading its hands on the micro-management of common policies and delegating common policies to the member states and competent agencies would create a wider leverage to implements its own administrative reforms. A European Parliament thus needs to be strengthened to create parliamentary democracy. A president of the Parliament should be made a full member of the European council to give parliamentary input to strategic thinking. "Parliament's budgetary powers must extend across EU spending"12 and the President should be named by 2004-2005. With a population of 30Million, regional constituencies should be made mandatory elected from the member states. In connection with a constitution for the EU, a distinction needs to be identified between the "union" and "communities" to avoid confusion particularly for third world countries. The constitution, actually a "constitutional treaty", will replace earlier EU treaties13. It is a single document saying what the EU can and cannot do. To simplify the constitution drafted from other treaties, a uniform institutional structure should be the single basis. Aspects in the present treaties should be demoted to sub-treaties to set an organic law that is more liable to potential amendment. It can be amended only by a convention whose proposals require the assent of the Parliament and unanimous national ratification by a referendum of a majority of member states. Some organic laws can be amended by three-quarters of the Council without national ratification. Charter on the Fundamental Rights, European Convention on Human Rights and European Community will also be indubitably included to protect its citizens against abuse of its power. If the Charter is annexed to the Constitution and made wholly binding on the member states, a constitutional chamber of the court of justice should be formed to deal with the fundamental rights issues. Citizens deserve to know how they are governed by and from where. The value which the union cherishes is the fundamental rights and obligations of its citizens. To some extent set out in the charter the abolition of the controversial preamble will have a better one under the basic law. On the questions regarding the simplification of the present instruments and the distinctions between legislative and executive measures, the number of instruments should be streamlined. A clear hierarchy should be established between legislative and executive acts. The organic laws should have a constitutional importance with regulations that are entirely binding and directly applicable. Suggestively, directives ought to be binding as to its results but not to methods. Decisions that were institutionally agreed should be based on and executive nature based on opinions and advisory. To add more room for maneuverability in achieving policy objectives, The EU is enjoined to adapt quickly, securely and transparently to the market and technology. Growth in legislation commensurate in the executive powers of the Commission will also modify the scrutiny powers of the council and parliament to check the compliance. Protocols to the treaty in the allowance of member states to commit them to mutual assistance call for the updating of the Petersberg tasks which enhanced the military activities. Under the character promoting armament and possible warfare, the European electorate has vehemently discarded most of the ideas surrounding such sensitive issues which brought about the downfall of the treaty in the latest polls. Some commentators have expressed fear that the European constitution may force Europe into a neo-liberal economic framework which threatens the social model. Some opponents argue that since some fundamental human rights are not numerated, they may not be recognized in the charter. It has also been argued that Article I-41(3) requires the military to increase its capabilities by the creation of a European weapon office may also lead to an increase of the worldwide arms race. These issues failed to win popular support in and caused the halt in ratification procedures which created an uncertain future for the constitution. The issue of tangible questions should serve as guidelines for whatever decisions may arise that shall work towards the possible revival of ratification. Works Cited Sciolino, Elaine (2005). EU Constitution Writer blames Chirac. http://www.ocregister.com/ocr/2005/06/15/sections/nation_world/world/article_559793.php. 22 April, 2006. Lord, Christopher(2002). Democracy and the Future of Europe. www.one-europe.ac.uk/pdf/bn1-02lord.pdf 22 April, 2006. Brosnan, Joe (2005). What the Constitutional Treaty Mean, Freedom, Security and Justice. http://www.iiea.com/images/managed/publications_attachments/1_Brosnan.pdf Five Countries call for competencies for EU Member States, [June 14, 2002] http://www.euractiv.com/Articletcmuri=tcm%3A29-113945-16&type=News BBC News, June 2004. Q & A, European Constitution. http://news.bbc.co.uk/1/hi/world/europe/3252628.stm European Union. Subsidiarity Monitoring Network. http://www.cor.eu.int/subsidinet/en/sub_eu_law.htm Majone, G. and Everson, M.(2001). "Institutional Reform: Independent Agencies, Oversight, Coordination and Procedural Control" in De Schutter 0., Lebessis, N. and Paterson, J. (eds) Governance in the European Union. Luxembourg, European Commission, pp.130-2. Joerges, C. and Neyer, J. (1997) "Transforming strategic Interaction into deliberative Problem-Solving: European Comitology in the foodstuffs Sector". Journal of European Public Policy. vol.4,4, pp.609-25. Maurer, A. (2001). National Parliaments after Amsterdam: Adaptation, Recalibration and Europeanization by Process. Paper for Working Group Meeting, XXIV COSAC, 8-9 April 2001. The European Constitution. (TEC) Read More