David Charter in Brussels and Charles Bremner in Paris
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Britain and Germany are locked in a high-stakes tug-of-love over Nicolas Sarkozy, the new French President, amid clashing visions of Europe’s future.
London is becoming increasingly isolated in the European Union over its efforts to limit the scope of the revived EU constitution.
British ambassadors laid out more fundamental objections to plans for the new treaty than any other EU country present at private talks in Berlin this week, The Times has learnt.
Angela Merkel, the German Chancellor, emphasised that Britain was in a small minority: 22 of the 27 EU nations have agreed to preserve most of the substance of the failed constitution, she said. The burden was on Britain and the others to make their case. Mrs Merkel welcomed Mr Sarkozy to Berlin last night hours after his inauguration, and the pair immediately got down to discussing the new treaty.
Mr Sarkozy, referring to the defeat of the constitution by French and Dutch referendums in 2005, said: “The first emergency is to get the European Union out of its current paralysis. For that it is necessary that Germany, which today holds the EU presidency, and France, which has always been its privileged partner in Europe, see eye to eye on this.”
Mrs Merkel’s dinner with Mr Sarkozy was, therefore, more than a symbolic act in honour of the Franco-German alliance. As current EU president she was sounding out Mr Sarkozy on how far he would support her vision of an EU with new legal powers, a binding Charter of Fundamental Rights, a collective foreign policy and a further curtailing of national vetoes.
The objections of the five EU sceptics – Britain, Poland, the Netherlands, the Czech Republic and Denmark – are complicated in that they have different priorities. And the smaller ones are slowly being won round to the new-look treaty by the canny Mrs Merkel.
Mrs Merkel has advanced so swiftly on the European constitution because of her cultivation of smaller states, building consensus through very thorough and often flattering bilateral talks, a technique she learned from her mentor Helmut Kohl. Mr Kohl had one of the more successful Franco-German partnerships with François Mitterrand but always tried to create a bond of loyalty between small EU members and the German Government.
Merkel aides now clearly believe that Britain has become the main obstacle to achieving a constitutional treaty.
Britain, however, remains hopeful that it can win backing from Mr Sarkozy on some of its main concerns. Gordon Brown, the likely future Prime Minister, will be looking for strong support from the French President during the detailed negotiations – both hoping that any new treaty is slimline enough to allow them to avoid putting it to a referendum.
Britain wants the removal of the Charter of Fundamental Rights, a legal declaration that formed a large part of the constitution and hands extra powers to workers.
Although Mrs Merkel and many other leaders are determined to keep a reference to the charter, Mr Sarkozy is not so keen and could help to make Britain’s case that it must be jettisoned or simply included as a declaration rather than a legal entity.
Britain also objects to a clause from the constitution stating the primacy of EU law over national law, which has been common practice since 1972 but has never been enshrined in a treaty. Again, while many EU states want this to be confirmed, Mr Sarkozy could argue for its removal to help Britain in the push to clinch a deal.
Mr Sarkozy is less likely to come to Britain’s assistance in its attempt to avoid an extension of qualified majority voting to domestic justice and home affairs matters.
A reduction in British voting powers would certainly lead to demands for a referendum, and Downing Street insisted yesterday that there was no question of giving up the national veto.
There were suggestions yesterday that Britain could be offered an opt-out from justice and home affairs policies passed by qualified majority voting, just as it has an opt-out on immigration – or even that the extension of such voting could be contained in a second treaty to follow after the next British general election.
A European Commission source denied that twin treaties were under active consideration but confirmed that legal work was under way in case this became a fall-back option.
Another of Britain’s “red lines” that it will not cross is the creation of a “legal personality” for the EU – which would confer treaty-signing powers on Brussels. Again, this is something backed strongly by Mrs Merkel that Mr Sarkozy could urge is dropped to help to push through a deal.
If a new treaty is agreed by EU leaders as planned in December, Mr Brown may also come under pressure from the example of two countries that are likely to hold referendums: Ireland and Denmark. Both are obliged by domestic law to hold public votes on treaties that affect their constitutions.
Failed treaty
18 countries ratified the 2005 constitution
2 countries rejected it in referendums: France and the Netherlands
7 countries did not make a decision either way, five of them, including Britain, postponing planned referendums after the French and Dutch rejection
Source: Times archives
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The Brits belong to Europe!! It is that simple!
Jens , Berlin, Germany
Phiul from Hong Kong - Britian hasn't been given a chance to "wreck" the reaty - Durtch have already done the job for us - as far as their PM Balkenende is concerned, it is "dead."
I also don't know on whose behalf you are speaking when you say "we are in every way closer to fellow European cuntries rather than the bellicose USA"
There is more to the USA than Iraq. We speak the same language as the Americans, have the same historical commitment to Free Trade, and have a proud tradition of individualism and entrepreneurship. By contrast, much of Continental Europe has had a long history of Corporate Stateism.
For me, although I would acknowledge that the USA is far from perfect, the Channel is defintiely wider than the Atlantic. The sooner we leave the EU the better.
John Petley, Hersrmonceux, East Sussex, UK
Isn't it time that our governemnt made it clear that the constitution, ratified by 2 countries following a popular referendum, and rejected by 2 countries following popular referendum is dead. It is noticable that the german president Merkel,has not allowed her own people any say on the matter, could this be that she realises that her own nationals are against it.
It is time for the UK to shake its economic power, after all only Germany is a higher net contributer than us, without the rebate we would be donatin g even more, as such a threat to leave the political side of things, and only retain trade agreements, after all we have a negative trade with europe, as we buy more from them than we sell to them, so it would be in their interest to keep it that way, this would be a strong position for us to take, and we could start to then insist that the balance of power is returned to the democratically elected national governments, and that the commission has its power severely curtailed.
Barry Davies, Stafford, UK
The EU has always been a failure. But at least it was a very successful failure. It never fullfilled the hopes, always created a level of agreement on the lowest terms. But still, it exists and gave europe the longest period of peace it has ever seen. Ok, so UK is blocking the process. So has Denmark (which apart from some national notes, had some good reasons not to vote for it). There are legitime national interests, and it would not be wise to ignore them. I guess the scotish people have some profound interests too, that are way apart from the let's say the welsh interests. So leaving this ground to discussion, I still think that europe still has a lot of common ground, and that this ground will become broader over the years, like it has since signing the rom documents. If britain is not ready yet for this treaties, we might need another decade of trust building, but ok, as long as the EU is kept together, this is regretable, but no catastrophe. Leaving UK outside would be.
Volker Schmidt, Frankfurt, Germany
If the EU is to have a collective foreign policy then doesn't this mean there is no need for Trident which saves the UK billions?
We do not know what the EU policy will be but it seems unlikely they would allow the UK to have an independent nuclear deterrent?
If they decide to have a nuclear deterrent at all surely it would have to be of a form decided by themselves?
Derek Emery, Bedworth, uk
I couldn't agree more with Phil....that's all what my post was about....:) Hope it was not censored...
Cheers;
Pascal-Pierre, Dinan/france, European Union
When the idea is to opt our from a long list of political areas, may I recommend to opt out from the only worth while area i.e. the E.U. all together. If the Brits don't like the club, why stay in it. That would surely be a worthwhile referendum - on sty in or opt out.
The next should be on joining the US as 51rst state.
Amazing that in public only a Belgian minister had gutts enough to suggest just that - opting out from the EU.
As I see it, the UK is the Trojan(or should I say the American?) horse. Nothing of what the other partners in the EU want Britan agrees to. At the same time they constantly look for allies to divide Europe - mostly in favor of American interests. Some of them, however, are genuine British ones. We once had the ECand the Efta. So why isn't Britain taking ithe Danes, Chechs and Poles and forms a new Efta?
I suppose Europe (the EU) would be better of without the Brits, and certainly the majority of Brits think they would be better off without the EU - WHAT A DEAL
Koenig, Bremen, Germany
What a inspiring report from Brussels. Thank God we are isolated, with luck they will kick us out.
I believe in govt by `common consent` in Westminster, not
govt by `plea bargaining` in the wannabe centre of the universe (aka Brussles/Strasbourg)
Peter Bolt, Redditch, UK
EU will collapse, it's just a matter of time. In a globalized world this union is quite anachronistic. Th monetary union is a total nonsense, because different countries, different economic contexts need different interest and exchange rates.
I'm not nationalist. I can make the difference between the European leaders which are trying to make up a new bureaucracy to get golden retirements and the European people which is indoctrinated to think that the European countries need to unite. False, Switzerland is going very well.
Sarkozy want a treaty without referendum, that show us that he don't believe in democracy.
He said France and Germany are friends, well, can countries be friends ?
Pierre Gardin, Caen, France
I really dont understand why Britain is being so bull-headed about this? The Charter is a positive thing, an official declaration of rights and liberties that Britain already upholds. Why we are now fighting so hard against a codified constitution is hard to understand. Then we wonder why were so unpopular with the rest of Europe
Sofia, Birmingham, West Mids - UK
Brown need not woo Sarkozy, or any other EU leader. He only has to announce that whatever treaty emerges will be subject to the promised referendum in the UK, and that would strengthen his hand far more than anything that Sarkozy could say.
Denis Cooper, Maidenhead, England
I think you will find that only 17 countries have ratified the EU constitution - Germany has not.
Although the German parliament voted for ratification, the president has been blocked from signing the ratification instrument by the German constitutional court and, therefore, no papers have been lodged. This is more than a technicality, as the constitutional court has yet to rule on whether the treaty is compatible with the German Basic Law.
This is highly ironic, considering that Merkel is rushing round Europe trying to get the "colleagues" to agree to a new treaty.
Richard North, Bradford, UK
I very much regret that Britain is only in Europe to wreck it. We are in every way closer to fellow European countries rather than the bellicose USA. As Iraq shows the Europeans were far wiser.
Phil, Hong Kong,
To be isolated in a non-democratic dictatorship is good. Now can we leave please?
A.D. Osborne, Hastings, England
Its amazing the way the labour party is squirming, ducking and dodging just so that they can give enough of our sovereignty away wiithout them having to give us a vote on it. Its quite plain that Blair and Brown want to agree to everything merkel is proposing but to do so would trigger a referendum, clearly our interest are not being served by these two fifth columumnists.
Paul, London,
Most of what the EU does it does incompetently, inefficiently and undemocratically. The last thing Europe or the world need is a stronger EU. Britain and other countries should not approve any treaty unless it returns powers to the member states.
PJ, London,
The only way to have an EU strong is ratify the 2005 constitution. 9 countries , 1/3 of members are´nt agree.
These countries must have in mind that menace is China, not USA .
Ronald S., Santiago, Chile
Considering the fact that France rejected the original constitution apparently because it was insufficiently centralist, and the UK seemed destined to do the same for opposite reason, what hope is there of compromise?
It seems clear that what is needed is not a remodelling of the original, but a complete, back to basics, rethink.
James, Beijing, China