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.

A bluffer's guide to the EU treaty

Our correspondent hacks through the verbiage to explain what happened at the EU summit and what it means

• Patchwork deal proves Europe cannot heal its deepest wounds

BACKGROUND

• Unconstitutional

• Fresh start or revived constitution?

• Merkel’s dream; Britain’s nightmare

• Brown’s first test: how to avoid an EU constitution

• Europe divided over summit plans

Related Links

• Europe cannot heal its deepest wounds

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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