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The Way Forward
On the basis of its assessment of the positions of different delegations, the Presidency recommends that the June European Council agree to the rapid convening of an IGC. It suggests that the European Council give a precise and comprehensive mandate (on structure and content) to the IGC, thus allowing it to finalise its work on a new Treaty before the end of this year.
The Presidency proposes a return to the classical method of treaty change. The IGC would therefore be asked to adopt a Reform Treaty amending the existing Treaties rather than repealing them. The Treaty on the European Union as modified would keep its present name, while the Treaty establishing the European Community would become the "Treaty on the functioning of the Union", containing all the detailed implementing provisions, including the legal bases. Both Treaties would have the same legal value. The Union would have a single legal personality.
The mandate for the IGC should set out how the measures agreed upon in the 2004 IGC with a view to a more capable and democratic Union should be inserted into the Treaty on the European Union and the Treaty on the Functioning of the Union. The consultations of the past 6 months show that a number of changes will be needed to reach an overall agreement. To that end there should be further discussions with regard to the following issues:
— The question of the symbols and of the primacy of EU law
— Possible terminological changes
— The treatment of the Charter in Fundamental Rights
— The specificity of the CFSP
— The delimitation of competences between the EU and the Member States
— The role of national parliaments
Conclusion
The Presidency submits this report to delegations as a basis for reaching agreement on the way forward at the European Council on 21-22 June 2007.
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