FRANCO-GERMAN CONTRIBUTION TO
THE EUROPEAN CONVENTION ON THE INSTITUTIONAL STRUCTURE OF THE UNION
At the Copenhagen European Council held a few
weeks ago, the Union carried through the greatest enlargement of its history. While it
intends to maintain its unity and ability to act both inside and outside the 25 or more
member States, there is a greater need than ever before for it to deepen.
We wish to bring about a successful reform of
the institutions which meets the three requirements of clarity, accountability, and
efficiency. In order to achieve these objectives, it is necessary in the European
Constitution to strengthen the institutional triangle (maintaining its balance) and carry
out a fundamental reform of the Union's external representation.
In this respect, we welcome the preliminary
draft constitutional treaty presented by the Chairman of the European Convention. We
consider that the objectives of the policies of the Union should be defined precisely in
the first part of that Treaty.
Europe is a Union of States, peoples and
citizens. This political purpose can be expressed in its institutions by the idea of a
federation of nation-States.
We wish the Union to be vested with a single
legal personality and strong common institutions based on a renewed structure which will
end the current organization in pillars, while keeping procedures which are adapted to the
various fields.
We want the citizens of Europe to be able to
identify with a community of values governed by the rule of law; the Charter of
Fundamental Rights must therefore be inserted into the future Constitution in its
entirety. Another important prerequisite is a better demarcation of responsibilities
between the Union and the member States in accordance with the principles of subsidiarity
and proportionality.
We have every confidence that the Convention
will present an ambitious constitutional treaty destined to replace the existing treaties
and we hope that the ensuing intergovernmental conference can put the finishing touches to
this Constitution very swiftly, if possible before the end of the year.
1. European Council
The Council has in particular the functions
of:
- adopting the broad guidelines for the
policy and strategy of the Union in close collaboration with the Commission;
- defining the principles and main lines of
the Common Foreign and Security Policy, including defence policy.
The European Council must be vested with a
stable presidency, as must the Commission and the European Parliament. In an enlarged
Europe, it is absolutely essential that the leadership of the European Council be given
continuity, stability and a higher profile.
The European Council elects its president for
a term of five years or for a term of two and a half years after which he/she may be
re-elected. This president holds office on a full-time basis throughout the term of
his/her mandate.
The President of the European Council has two
main functions:
- he/she prepares, chairs and organizes the
proceedings of the European Council and ensures its decisions are carried out;
- he/she represents the Union on the
international scene at the meetings of the heads of State or government, without
prejudicing the responsibilities of the Commission and its president, it being understood
that it is for the European Minister of Foreign Affairs to conduct the day-to-day business
pertaining to the Common Foreign and Security Policy.
2. European Commission
At a time when Europe is becoming more
diverse as the result of enlargement, the constitutional treaty must confirm the European
Commission in its role as the mainspring of European integration, guardian of the treaties
and in its vocation to embody the general European interest.
The Commission has the right of initiative in
accordance with the procedures provided for by the treaties.
It is responsible for implementing the
legislation adopted by the European Parliament and the Council and for monitoring and
controlling the proper implementation of Council decisions. It must have the means of
playing this major role to the full. This necessitates a radical simplification of the
committee procedure. So as to be able to shoulder their political responsibility, the
Commissioners have a power to instruct the directorates-general.
In the field of economic policy, the role
played by the Commission, particularly in the supervision of the Stability and Growth
Pact, must be strengthened by giving the Commission the means of establishing that
excessive public deficits have been, or are liable to be, incurred.
The accountability of the Commission must be
guaranteed more effectively without prejudice to its independence and autonomy. Both the
Commission and its president must be appointed in the period immediately following the
European parliamentary elections. After the election of the President of the Commission by
the European Parliament by a qualified majority of its members, he/she is approved by the
European Council ruling by qualified majority.
The President of the Commission forms the
college of Commissioners taking account of geographical and demographic balances. Within
that college, the President may make a distinction between commissioners with a sectoral
portfolio and commissioners with specific functions or missions, with a strict system of
rotation. Once they have been approved by the European Parliament, the members of the
Commission are appointed by the Council, ruling by qualified majority.
The President of the Commission gives
political directives to the proceedings of the Commission.
The Commission is politically accountable to
both the European Parliament and the European Council.
3. European Parliament
The European Parliament exercises legislative
power jointly with the Council. Where the rule of the majority vote is extended in any way
to the Council, codecision-making power must be automatically conferred on the European
Parliament.
Germany and France wish the budgetary
procedure to be rationalized and simplified and for thought to be given to the conditions
under which the European Parliament could take decisions on all or part of the budget
revenue without increasing the overall tax burden.
4. Council of Ministers
The Council of Ministers, which, together
with the European Parliament, drafts European laws, will also have greater operational
responsibilities – in particular in the fields of justice and home affairs and of the
Common Foreign and Security Policy – which will make more stable leadership
imperative.
The Council must concentrate on essentials:
the decisions taken by the Council must allow the Commission and the member States
extensive powers of implementation and administration.
It must be efficient: the decisions must be
taken, as a general rule, by qualified majority voting.
In order to give the action of the Council a
higher profile and make it more comprehensible it is desirable to make a distinction
between operational and legislative tasks in its activities. In the case of operational
tasks, its working methods must give precedence to efficiency and promptness in
decision-making. With regard to its legislative tasks, the debates of the Council are
public and its duties are generally performed on a basis of joint decision-making with the
European Parliament.
The modalities of the chairmanship of the
Councils of Ministers vary according to the matters under discussion.
Elysée Treaty
M. Jacques Chirac, France
On 22 and 23 January this year, Germany and
France are together going to celebrate the fortieth anniversary of the signing of the
Elysée Treaty under which the two countries, ending an age-old rivalry, sealed their
reconciliation and together embarked on close and ambitious cooperation to support and
continue building the European enterprise. The initiative taken by General de Gaulle and
Chancellor Konrad Adenauer was an act of courage and vision. With hindsight, we can see
its full historical dimension. These two very great Statesmen enabled our two countries to
break the vicious circle of confrontation, hatred and desire for revenge by urging them
clear-sightedly to realize their common destiny. Following the path they had thus mapped
out, Germany and France, step by step, learned to understand each other, work together and
forge ties of genuine solidarity.
This cooperation has achieved an unequalled
and unprecedented quality. Thanks to the Franco-German Youth Office (OFAJ - Office
franco-allemand pour la Jeunesse), hundreds of thousands of the two countries' young
people, pupils and students have discovered and appreciated the qualities of their
neighbours. Thanks to the Franco-German university (Université franco-allemande [a
network of French and German higher-education establishments created in 1999, with many
campuses and an administrative headquarters in Saarbrücken]) there are now integrated
binational degree courses. The number of twinnings between local authorities has risen.
Our soldiers have forged an active, strong friendship through the highly symbolic
constitution of a Franco-German brigade, which itself paved the way for the subsequent
creation of the European Corps. The Franco-German television channel ARTE has created an
exceptional medium of communication between our two countries which must jointly
contribute to a European project cemented by the richness of their cultures. Some seem
tempted to think that the task is now complete. For others, Germany and France will never
be more than simple partners in an enlarged European Union.
Personally, I am convinced that quite the
opposite is true, that the new realities of today's Europe and the challenges it has to
take up justify not only maintaining, but also strengthening Franco-German friendship and
cooperation, because we share a joint responsibility to support and continue building
Europe. Indeed, the enlargement is a window of opportunity since it opens up fresh
horizons for the EU, new areas of activity, prospects of new exchanges between people. But
it is a challenge and a responsibility too, since it is going radically to change the EU's
very nature. An enlarged Europe with 25 members in 2005, then 27 in 2007 will be more
diverse, but also inevitably more unwieldy, less homogenous. It will find it more
difficult to affirm its cohesion and defend common interests abroad. It is the
responsibility of Germany and France, founding nations of the European project, located
geographically and influence-wise at the centre of the new Europe, to define together the
compromises through which Europe can strengthen its cohesion and its ability to take
action and determine its future. The combined strength of Germany and France may not
always be enough to overcome the difficulties Europe encounters on its path, but
experience has proved that no European project has any chance of success if France and
Germany do not determinedly carry it forward together. It is by shouldering this common
responsibility that our two countries have, over the years, permitted Europe's major
advances: freedom of movement in the Schengen Area, single market, creation of the euro.
In the political declaration to be adopted in Paris to mark the fortieth anniversary of
the Elysée Treaty we shall be affirming our common determination to go further and fulfil
the expectations our two countries' citizens and our partners place in our joint action.
Germany and France must together ensure the completion of the reform of the European
institutions and success of the Convention which, next summer, will propose a draft
Constitution for Europe. This is a new ambition which must lead us genuinely to the
rebuilding of Europe on new foundations.
Through this reform, we wish to lay the foundations of a
stronger, more democratic, transparent, mutually-supportive and efficient EU, enjoying
greater credibility in the international arena. The EU's institutions must be vested with
a greater ability to act, and a greater guarantee of accountability and stability. Germany
and France must jointly work for the establishment of a European defence capability and,
to this end, we have proposed creating a European Security and Defence Union. We are also
resolved to strengthen Europe as an area of freedom, security and justice, and develop our
cooperation in the face of the new threats like terrorism. More generally, our two
countries must together help remove the obstacles which at the practical level still
maintain barriers between people in a Europe which must, above all, be that of its
citizens.
Germany and France will fulfil their role together in this
new stage of building Europe only if they first strengthen further their bilateral
cooperation. From now on, our two governments must be able to hold joint Councils of
Ministers, and individual ministers systematically to organize cooperation with their
opposite numbers. The desire to increase our citizens' involvement in what we do will also
require us to consult each other more closely when drawing up our national legislation and
so for this purpose step up the dialogue between our two parliaments. We shall have to
reduce and ultimately end the continuing difficulties faced by citizens whose
professional, family and personal lives are shared between the two countries. Germany and
France's experiences and what they have been subjected to in their past history are
unique. Originators of the European idea, they are today called on to take action which
will enable Europe to scale new heights by both extending its borders and bringing our
Union closer to its citizens' hearts. It is definitely a fresh start that the two
governments and representatives of the two parliaments will together be making on 22 and
23 January. I am convinced that Germans and French have more great chapters of Europe's
history to write together.
An article by President M. Jacques Chirac, published in
the German weekly "Rheinischer Merkur" (Paris, 15 January 2003). Text courtesy:
French embassy in Kathmandu-Editor. |
