The rejection of the Constitutional Treaty by popular vote in France and the Netherlands was followed by a reflection period. This provided an opportunity to review new options for institutional governance of the European Union. After extensive bilateral consultations, the EU Council adopted on 23 June 2007 a mandate for a new Inter-Governmental Conference (IGC). A short period of discussions behind closed doors resulted in a new Treaty agreement that updated the EU institutional arrangements. The European Parliament, the Commission, the European Central Bank played a role in the Treaty discussions. The Parliament emphasized the dual nature of the EU as a union of States and of citizens. The Reform Treaty amends two existing treaties, namely: the Treaty on European Union and the re-named Treaty on the Functioning of the European Union (TFEU). The treaty will not have constitutional status and will not contain symbolic aspects such as the flag, anthem and motto.
The Reform Treaty overriding changes
inclusion of the Charter of Fundamental Rights (see attachment): the version incorporated represents a simplified Charter that will have binding force throughout Europe, except in UK and Poland [1];
institutional change in terms of: 1) new composition of the European Parliament, 2) the conversion of the European Council into a defined institution with a permanent president [2] and the introduction of voting by double majority , 3) the new composition of the Commission with a reduction of Commissioners (from 27 to 15), an enforcement of the President’s role, the introduction of a High Representative of the Union for Foreign Affairs and the establishment of an External Action Service;
extension of codecision procedure (from 37 to 86 policy areas) that will balance the roles of the Parliament and the Council in European legislative processes, especially in some key areas such as freedom, security and justice,
extension of qualified majority voting in 51 new areas [3]; however; unanimity remains the rule for foreign policy, social security, taxation and culture,
double majority, i.e. 55% of the Member States representing at least 65% of the EU population (delayed until 2014 and a potential deferral until 2017 due to the ’Ioannina compromise’),
enhanced cooperation, external action and the CFSP: 9 Member States will be able to promote enhanced cooperation;
judicial cooperation through which it is outlined a mutual recognition of judicial decisions based on the minimum rules governing the definition of criminal offences and penalties. UK opt-outs on this chapter;
scrutiny of subsidiarity by national parliaments: this clause provides national parliaments a means to challenge European legislation that infringes the subsidiarity principle;
energy security regarding the spirit of solidarity among Member States that refers to action in the event of difficulties in the supply of particular products,
climate change: it is generally mentioned that action should be taken at international scale to tackle climate change;
legal personality that clearly states that the Union cannot legislate or act beyond the competences expressed in the Treaties;
clause of withdrawal of a Member State;
the right of petition with at least one million signatures received from a number of Member States can be sent to the Commission to take a legislative initiative.
The Health policy area
With regard to the health policy area, the new Article 152 draws attention to: 1) physical and mental health protection, 2) the establishment of monitoring measures to tackle serious cross-border threats to health (communicable diseases, SARS, and bio-terrorism), 3) the need of further cross-border cooperation, 4) measures regarding standards of quality and safety for medicinal products and devices for medical use, and 5) protection of public health concerning tobacco and the abuse of alcohol. Even though the Council might adopt recommendations in relation to the aforementioned aspects, Member States remain responsible for health policy and delivery of health services and medical care (for further information see **UPDATED** IGC talks on Reform Treaty: Health provisions at stake!).
Other relevant innovations
Recognition of children’s rights;
Article 18 of the TFEU concerns the right to freedom of movement of all citizens of the Union; of particular interest is paragraph 3 that includes the possibility of adopting special legislative (submitted to Member States unanimity) procedures on social security or social protection,
explicit inclusion of sport in the heading of Title XI, which emphasises the social and educational functions of sport and the importance of cooperation between Member states and with countries outside the EU,
Article 42 of the TFEU revolves around migrant workers’ rights to social security even though it allows a 4-month period of suspension;
the inclusion in the Title XVII of Part Four of the TFEU referring to ’Economic, social and territorial cohesion’, which draws attention to the importance of protecting rural areas, areas affected by industrial transition, permanent natural or demographic handicaps.
Limits to progress
the objectives of the CAP dating back 50 years have been reproduced verbatim in Article 33(1) of the TFEU that fails to include the elements of the new CAP;
the Charter of Fundamental Rights is not entirely reproduced;
no mention is given to participatory society;
For further information:
Portuguese presidency
Draft of the Reform Treaty
Charter of Fundamental Rights (see attachment)
EPHA related articles:
The European Parliament welcomes the European civil society in its first AGORA.
**UPDATED** IGC talks on Reform Treaty: Health provisions at stake!
**Updated** 2007 IGC talks: EU leaders reach agreement on a ’Reform Treaty’
EPHA analysis: from the Convention to the IGC
Revision of EU Constitutional Treaty: NGOs raise their voice
