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EU “foreign minister”
A new post cumbersomely renamed the High Representative of the Union for Foreign Affairs and Security Policy to meet British demands that it appears not to conflict with national foreign ministers. For the first time it will mean an EU voice at the UN Security Council which could on occasion conflict with the British position because his or her mandate will sometimes be decided by qualified-majority voting. For example, the EU high representative could speak up in favour of emergency aid to a Palestinian government that Britain refuses to support.
President
The President of the EU Council of Ministers will be appointed for two-and-half years, reappointable once, a big increase in the power of a role now held by national governments on a six-monthly rotating basis. Also sets up the possibility of real confusion when putting the face of the EU to the world as he or she will also have a role in presenting foreign policy. Not yet clear who will attend gatherings such as the G8 on behalf of the EU.
Charter of Fundamental Rights
A loosely worded political declaration made in 2000 becomes legally binding on the EU, with an opt-out for Britain, which had feared it could lead to the European Court of Justice dictating changes in British social and employment law. The opt-out is strongly worded and the Government insists that it is watertight. It is likely, however, to be challenged in the ECJ over cross-border issues. For example, a small company exempt from recognising a trade union under British law could face a legal challenge for collective bargaining rights from EU employees.
Qualified-majority voting
One of the key aims of the treaty is to “speed up” EU decision-making, with more than 40 areas of policy currently made through unanimity moving to QMV. These include transport, energy, sport and civil protection policy, meaning that the EU can make its policy against Britain’s wishes if it comes to a vote. However, in the areas of justice, home affairs and social security, Britain secured an “opt-in” meaning that it will have the possibility of joining a new policy at the start of deliberations but, if it refuses to join in, the policy will not apply in Britain.
Enhanced cooperation
If no agreement can be found between the EU’s 27 members in certain policy areas such as criminal justice, then a minimum of one third of the members can decide to go it alone. This applies in areas of police cooperation and could result, for example, in a central EU fingerprint database shared only by those who agreed.
Competition
President Sarkozy won adoring headlines in France for his coup in removing the phrase “free and undistorted” competition from the objectives of the EU, in a move regarded as helping to protect French jobs. The final treaty though, will contain a protocol reinforcing the important role of unfettered competition to shore up the legal basis of the EU’s Competition Commissioner, who has strong powers to break up cartels and resist state aid that gives favoured national companies an unfair trading advantage. Some antitrust experts think that downgrading prominence given to undistorted competition will help state-aided companies to resist legal moves to force them to drop subsidies.
Constitution
This description was dropped along with references to an EU anthem and flag, and the new treaty will amend previous agreements rather than replace them. The Commission will be slimmed to 18 commissioners from one for each country. A presentational victory for Tony Blair but vast amounts of the content of the constitution rejected by French and Dutch voters in 2005 is still included, notably the march towards qualified-majority voting and the EU legal personality, giving it powers to write treaties. On this basis, Gordon Brown will face calls for a referendum.
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When the draft Constitution ( a la Giscard d'Estang) was being considered I sent away for a free copy which I tried to read. Although I persevered I'm afraid I was defeated by the extremely complex use of the English language.
Is there a copy of the putative Treaty on offer to the public and if so I would like to get hold of one so that I can at least make an effort to compare the two.
I'd be moist grateful for your advice, hopefully by email
regards
David Higgins, Ilkley, West Yorkshire
Dear Mr. James John. What is it that "our british fore fathers hold so dear"?
Chicken Tikka Masala or Vegetable Samosas?
Fabio C, London, UK
It is to fundamdentally misunderstand what the EU is and where it is going to assume that the UK isnt part of an entity that is moving in the direction of a fully fledged federation becauase it is.
stinky, bournemouth, uk
"We signed up for the full federal thing, with 'ever closer union'. "
No, we didn't. That statement is not in the Treaty itself, but in its preamble, which is not legally part of the Treaty. Preambles are never enforceable parts of Treaties, and can even be added after a Treaty is signed.
I really wish I had a Pound for every time I have seen this bit of ignorant misinformation confidently repeated.
jon livesey, Sunnyvale, CA/US
"We signed up for the full federal thing, with 'ever closer union'."
It is to fundamdentally misunderstand what the EU is and where it is going to assume that the UK is part of an entity that is moving in the direction of a fully fledged federation. Although, the supranational EU institutions have been given certain powers, real power still lies in the national capitals of Europe, particularly London, Paris and Berlin.
Open and frank debate on the UK in the EU is desperately needed, though. A debate which is not dominately by ill-informed Eurospectics, using the scare tactics of the UK losing its identity to turn the public against the European Union. The way that certain elements of the popular press rant on about 'us' losing our identity to 'Europe', one would think that British identity is as flimsy as a house of cards.
David Baker, Belfast, UK
Hang on, why is it Britain this Poland that?
The French and the Dutch both voted against this wretched constitution. Not the Brits and not the Poles. The French and the Dutch. Both members of the Euro currency. Both members of the original six. Both at the core of Europe. Both do not want it, both rejected it.
But still the Euro juggernaut roles on, ever more replicating that other union, the Soviet Union.
So what will the French and the Dutch vote this time?
We will never know, because this time the EU politburo is determined not to ask.
Stu, London,
EU Treaty/Constitution - Constitution via the back door, politicians deceiving the electorates of many european countrys. Ireland apparently ' required by their constitution' to have a referendum on theTreaty or anything else that changes their constitution. Why are Britains politicians so afraid of going to the electorate to prove thats what the Country wants.
Once again politicians proving they are not to be relied on, tell you one thing the do another - oh for one that keeps their promises - the next election, nobody voting except politicians.
G.B.Green, St Germans, Cornwall
Mr Pascal-Pierre is correct. The negotiations last week established the principle of a two-speed Europe, which is what most people in the UK want. An arrangement under which we can take part in free trade with Europe without being bound by their integration ideas is ideal. Now they can pursue integration without using us as an excuse for failure.
I guess some of us would prefer not to be still giving financial aid to Europe fifty years after the end of the War, especially since we can see how much good those five to ten billion a year would do in the Third World, but I guess it's reassuring that the UK has an economy that can give Europe that kind of foreign aid and hardly notice it.
My advice to Europe wold be to stop complaining about the arrangements the UK has secured for itself and concentrate on getting your youth unemployment down to levels that won't blight yet another generation. Oh, and remember that London and its jobs are only a train journey away.
jon livesey, Sunnyvale, CA/US
The problem is that many people in the UK think we signed up for a free trade area with a few bits added on. That's not the case. We signed up for the full federal thing, with 'ever closer union'. That is where the others are going with varying degrees of enthusiasm. I'm not sure how much longer our politicians can maintain the posture that we can have a set of different rules from the rest of the EU. Perhaps the fact that we are that rare animal, a large net contributor to funds, makes us a tolerated exception, but that will not work as the gap bets wider. We need an open and honest debate in the UK about the EU, with a clear evaluation of its benefits as well as its drawbacks. There are benefits but you would not think so from the negative press the EU constantly gets.
Colin , Shrewsbury, UK
we dont want to be a full member of the EU and throw away 1000 years of history of fighting to stay out of europe by force just so you europeans can use EU as a backdoor entry for domination of GB because you have failed over the last few hundred years using force of arms.Throwing away our civil liberties now would be an insult to our british fore fathers who died for what we hold so dear.
James Johns, Plymouth , Devon
In reply to Pascal-Pierre, at 42 years old I have never had a vote on anything specifically to do with the European Union.
I think that it is the worst thing ever to happen to my (former) country and that Britain would be best off leaving tomnorrow.
I have no doubt that millions of Brits would agree with me.
Andrew Munn, Bangkok, Thailand
We are not concerned about our position in the first, or second, or any particular league. We simply wish to preserve values and liberties for which our forbearers have fought and died. When France fell during the second world war Churchill said, without malice " I'm glad that we are alone ". We are quite happy to be alone again, without il-will towards any other nation, if this is the price we must pay to defend our identity.
Philip Panter, Mirano, Italy.
You are already in the second league, so what else do you want? You lure yourselves in being part of the EU but you are not. With all your opt outs you only have the illusion of being a EU member. So why care about something which is none of your concern? You refuse to take part in the EU foreign policy so it's natural the EU ( whose members have agreed to the foreign policy) be at odds with Britain....from time to time....you wouldn't expect us from following your rules since you refuse what the EU has to offer? would you?
Pascal-Pierre, Dinan / france, European Union
If Gordon Brown wants to break with the past, break with spin - he should take this opportunity. Whatever the pros and cons of an E.U. "treaty" or "Constitution", it is pragmatic and democratic to allow the people of Europe to decide its ultimate fate, full stop. Allowing even the politicians to stop squabbling within their own parties and ranks and actually get on with the business of government and opposition.
As things stand from my point of view, an ordinary "brit" lacking any specialist knowledge of E.U. affairs, nothing the politicians say will justify my clear perception of their combined efforts to avoid a further round of referendums. Call me a cynic, but that speaks volumes to me.
The leaders of europe should preach what they practice.
Muji Bally, London, England