1. JEAN MONNET European Module History and Theory of European Integration Marina V. Larionova

2. JEAN MONNET European Module Lecture 12 From Laeken (2001) to Rome (2004)

3. JEAN MONNET European Module Contents: The Laeken Presidency Conclusions. The Convention method, negotiations over the Draft Constitutional Treaty: institutional reform and the double majority voting. Issues and Outcomes.

4. JEAN MONNET European Module Readings for the lecture The Constitutional Treaty of the EU; A Collection of Articles from the Economist. From Leaken to Rome. A Reader; Selected papers and speeches of the EU politicians; Ларионова М.В. (2003) «Взаимодействие институтов ЕС в процессе разработки и согласования Конституционного договора», аналитический материал для курса; Ларионова М.В. (2004) «Работа над проектом Договора в рамках межправительственной конференции», аналитический материал для курса.

5. JEAN MONNET European Module Treaty of Nice Institutional reform Enhanced cooperation Extension of the QMV to 30 new articles Provision for deeper and wider debate on the future of the EU

6. JEAN MONNET European Module The Future of the European Union – Laeken Declaration December 2001 EUROPE AT A CROSSROADS “ The European Union is a success story. For over half a century now, Europe has been at peace. …the Union forms one of the three most prosperous parts of the world. As a result of mutual solidarity and fair distribution of the benefits of economic development, moreover, the standard of living in the Union's weaker regions has increased enormously and they have made good much of the disadvantage they were at.”

7. JEAN MONNET European Module EUROPE AT A CROSSROADS “Fifty years on, however, the Union stands at a crossroads, a defining moment in its existence. The unification of Europe is near. The Union is about to expand to bring in more than ten new Member States, predominantly Central and Eastern European, thereby finally closing one of the darkest chapters in European history: the Second World War and the ensuing artificial division of Europe. At long last, Europe is on its way to becoming one big family, without bloodshed, a real transformation clearly calling for a different approach from fifty years ago, when six countries first took the lead.”

8. JEAN MONNET European Module "A day will come when all the nations of this continent, without losing their distinct qualities or their glorious individuality, will fuse together in a higher unity and form the European brotherhood. A day will come when there will be no other battlefields than those of the mind - open marketplaces for ideas. A day will come when bullets and bombs will be replaced by votes". Victor Hugo

9. JEAN MONNET European Module Towards a Constitution for European citizens Challenges and reforms in a renewed union

10. JEAN MONNET European Module The Union needs to become more democratic, more transparent and more efficient. It also has to resolve three basic challenges: how to bring citizens, and primarily the young, closer to the European design and the European institutions, how to organize politics and the European political area in an enlarged Union and how to develop the Union into a stabilizing factor and a model in the new, multipolar world.

11. JEAN MONNET European Module In order to address them a number of specific questions need to be put. A better division and definition of competences in the European Union. Simplification of the Union's instruments. More democracy, transparency and efficiency in the European Union. Transparency and simplification of the Treaties. Inclusion of the Charter of Fundamental Rights in the basic Treaty.”

12. JEAN MONNET European Module Convention on the Future of Europe “ In order to pave the way for the next Intergovernmental Conference as broadly and openly as possible, the European Council has decided to convene a Convention composed of the main parties involved in the debate on the future of the Union. In the light of the foregoing, it will be the task of that Convention to consider the key issues arising for the Union's future development and try to identify the various possible responses.”

13. JEAN MONNET European Module The Budget for the Convention 10.5 million euro 2.6 - from the Commission 1.0 - from the EP 0.4 - from the Secretariat of the Council of Ministers 6.4 - in kind from the member states and institutions of the European Union

14. JEAN MONNET European Module Composition broader range of interests than the IGCs The European Council has appointed: Mr V. Giscard d'Estaing as Chairman of the Convention Mr G. Amato as Vice-Chairmen Mr J.L. Dehaene as Vice-Chairmen

15. JEAN MONNET European Module Second plenary session of the European Convention, 21-22 March 2002 (from left to right) Mr Jean-Luc Dehaene, Vice-Chairman Mr Giuliano Amato, Vice-Chairman Mr Valéry Giscard d'Estaing, Chairman

16. JEAN MONNET European Module The Convention 15 representatives of the Heads of State or Government of the Member States (one from each Member State), 30 members of national parliaments (two from each Member State), 16 members of the European Parliament two Commission representatives one government representative and two national parliament members of the accession countries ( without power to prevent consensus emerging among the Member States).

17. JEAN MONNET European Module The Praesidium of the Convention 12+1 the Convention Chairman and Vice-Chairmen nine members drawn from the Convention: –the representatives of all the governments holding the Council Presidency during the Convention (Spain, Denmark, Greece), –two national parliament representatives, –two European Parliament representatives, –two Commission representatives.

18. JEAN MONNET European Module Invited to attend as observers the Economic and Social Committee the Committee of the Regions the European Ombudsman

19. JEAN MONNET European Module Length of proceedings inaugural meeting on 1 March 2002 to be completed in a year Final document objective “… provide a starting point for discussions in the Intergovernmental Conference, which will take the ultimate decisions.”

20. JEAN MONNET European Module How to construe the debate and drafting of a document, which has a notion of a Constitutional Treaty? Simplification Transparency Enlargement Democratic deficit Fundamental human rights Institutional reform Supremacy of the EU law and Subsidiarity Distribution of the competencies

21. JEAN MONNET European Module Working methods 26 Plenary sessions of two half days Public debate Working groups Praesidium meetings (50) and papers (52) –The Chairman drawing conclusions from the public debate –The Praesidium providing the Convention with an initial working basis. –The Praesidium consulting Commission officials and experts –The Praesidium setting up ad hoc working parties. –The Council kept informed of the progress of the Convention's proceedings. The Convention Chairman’s oral progress report at each European Council meeting

22. JEAN MONNET European Module Working groups 1.Subsidiarity 2.Charter of Fundamental Rights 3.A single legal personality 4.Role of national parliaments 5.Complementary competencies 6.Economic Governance 7.External Action 8.Defence 9.Simplification 10.Freedom, Security and Justice 11.Social Europe

23. JEAN MONNET European Module Secretariat headed by Sir John Kerr Set up to support the Praesidium Non-papers Dialogue with the civil society Networks Civil Society Hearing Youth Convention Forum contributions (1264)

24. JEAN MONNET European Module Operating procedures Explicit objective of drafting a broadly agreed document “consensus does not mean unanimity but consensus means more than majority”, Valéry Giscard d'Estaing, November 2002 plenary session Alphabetical seating Public discussions No voting procedures Three phases

25. JEAN MONNET European Module Three phases Listening phase February 2002 – June 2002 Analytical phase June 2002 – November 2002  First draft of the constitutional structure published on October 28, 2002  December 2002 - Draft constitutional treaty of the Commission - Penelope - Commissions’ formal contribution -Ulysses - riposte to Penelope Drafting phase December 2002- spring 2003  Phased release of articles  Flood of amendments (6000) - First set of 16 articles generating 1187 amendments - Drafts on the institutions and foreign policy – 1500 amendments - Part I presented to the Athens Council meeting

26. JEAN MONNET European Module July 13, 2003 F inal meeting of the Convention “Our ship has reached the port” Valéry Giscard d'Estaing

27. JEAN MONNET European Module Thessaloniki European Council June, 19/20, 2003 Presentation of the “new Constitutional Treaty” by the Chairman of the Convention Part 1- Constitutional part: values/objectives/allocation of competencies/institutions/instruments/financial framework and provisions for membership Part 2 – Charter of Fundamental rights Part 3 – Policy provisions Part 4 – Final provisions

28. JEAN MONNET European Module “an edifice and a balance” ? Call to ensure that “no disturbance of the balance, by calling its provisions into question, is allowed to jeopardize the solidity of the edifice!”

29. JEAN MONNET European Module Presidency Conclusions “ the draft constitutional treaty is a good basis for starting in the intergovernmental conference.”

30. JEAN MONNET European Module Responses Goran Persson Care needed in addressing the changes as “many cards may start falling down” Jacque Chirac “it is necessary to understand that everyone has to make an effort if we want to get a result” Gerhard Schroder “100 per cent happy” French National Assembly and German Bundestag joint September 24 meeting Draft – a coherent and unified document

31. JEAN MONNET European Module Responses Leszek Miller Adopting a tough negotiating position Tony Blair Non negotiable items: retaining a veto on Foreign and Defense policy, taxation UK government White paper, September 9, 2003 J. Shaw Convention’s work “might have a surprisingly powerful capacity to lock in the Member States and to constrain their freedom of action in the IGC.”

32. JEAN MONNET European Module Responses EP positive response European Commission’s official response September 17 Opposed to two tiered Commission Greece, Finland and Sweden Opposed to two tiered Commission Irish Foreign Minister “We do not want the text to be dismantled. Nor is it holy writ. Improvement and clarifications are possible…But what is needed is a sense of proportion Poland and Spain Demand for mention of God/ Christianity in the Preamble

33. JEAN MONNET European Module The Draft main innovations Part I. Title IV: The Union’s institutions Chapter I. The institutional framework

34. JEAN MONNET European Module Article 18: The Union’s Institutions 1. The Union shall be served by a single institutional framework which shall aim to: advance the objectives of the Union, promote the values of the Union, serve the interests of the Union, its citizens and its Member States, and ensure the consistency, effectiveness and continuity of the policies and actions which it undertakes in pursuit of its objectives. 2. This institutional framework comprises: The European Parliament, The European Council, The Council of Ministers, The European Commission, The Court of Justice. 3. Each Institution shall act within the limits of the powers conferred on it in the Constitution, and in conformity with the procedures and conditions set out in it. The Institutions shall practice full mutual cooperation.

35. JEAN MONNET European Module Article 19: The European Parliament 1.The European Parliament shall, jointly with the Council of Ministers, enact legislation, and exercise the budgetary function, as well as functions of political control and consultation as laid down in the Constitution. It shall elect the President of the European Commission. The European Parliament shall be elected by direct universal suffrage of European citizens in free and secret ballot for a term of five years. Its members shall not exceed seven hundred and thirty-six in number. Representation of European citizens shall be degressively proportional, with a minimum threshold of four members per Member State.

36. JEAN MONNET European Module Article 19: The European Parliament Sufficiently in advance of the European Parliamentary elections in 2009, and, as necessary thereafter for further elections, the European Council shall adopt by unanimity, on the basis of a proposal from the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles set out above. 3. The European Parliament shall elect its President and its officers from among its members.

37. JEAN MONNET European Module The discussions in the IGC Small Member States –advocating a higher minimum threshold than the one proposed by the members of the Convention –An informal agreement in the Naples Foreign Ministers’ meeting to raise the minimum threshold of members to five and to increase the number of members above 736

38. JEAN MONNET European Module The Provisions of the Treaty IGC increase the maximum number of members to 750 each Member State entitled to a minimum of six and a maximum of 96 members the final number of members allocated to each Member State on the basis of degressive proportionality to be decided by the European Council, acting unanimously, before the European elections of 2009.

39. JEAN MONNET European Module Article 20: The European Council 1. The European Council shall provide the Union with the necessary impetus for its development, and shall define its general political directions and priorities. It does not exercise legislative functions. 2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The Union Minister for Foreign Affairs shall take part in its work. 3. The European Council shall meet quarterly, convened by its President. When the agenda so requires, its members may decide to be assisted by a minister and, in the case of the President of the Commission, a European Commissioner. When the situation so requires, the President shall convene a special meeting of the European Council. 4. Except where the Constitution provides otherwise, decisions of the European Council shall be taken by consensus.

40. JEAN MONNET European Module Article 21: The European Council Chair 1. The European Council shall elect its President, by qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end his or her mandate according to the same procedure. 2. The President of the European Council: shall chair it and drive forward its work, shall ensure its proper preparation and continuity in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council, shall endeavor to facilitate cohesion and consensus within the European Council, shall present a report to the European Parliament after each of its meetings. The President of the European Council shall at his or her level and in that capacity ensure the external representation of the Union on issues concerning its Common Foreign and Security Policy, without prejudice to the responsibilities of the Union Minister for Foreign Affairs. 3. The President of the European Council may not hold a national mandate.

41. JEAN MONNET European Module Article 22: The Council of Ministers 1.The Council of Ministers shall, jointly with the European Parliament, enact legislation, exercise the budgetary function and carry out policy-making and coordinating functions, as laid down in the Constitution. 2.The Council of Ministers shall consist of a representative of each Member State at ministerial level for each of its formations. Only this representative may commit the Member State in question and cast its vote. 3.Except where the Constitution provides otherwise, decisions of the Council of Ministers shall be taken by qualified majority.

42. JEAN MONNET European Module Article 23: Formations of the Council of Ministers 1.The Legislative and General Affairs Council shall ensure consistency in the work of the Council of Ministers. When it acts in its General Affairs function, it shall, in liaison with the Commission, prepare, and ensure follow-up to, meetings of the European Council. When it acts in its legislative function, the Council of Ministers shall consider and, jointly with the European Parliament, enact European laws and European framework laws, in accordance with the provisions of the Constitution. In this function, each Member State’s representation shall include one or two representatives at ministerial level with relevant expertise, reflecting the business on the agenda of the Council of Ministers.

43. JEAN MONNET European Module Article 23: Formations of the Council of Ministers 2. The Foreign Affairs Council shall, on the basis of strategic guidelines laid down by the European Council, flesh out the Union’s external policies, and ensure that its actions are consistent. It shall be chaired by the Union Minister for Foreign Affairs. 3. The European Council shall adopt a European decision establishing further formations in which the Council of Ministers may meet. 4. The Presidency of Council of Ministers formations, other than that of Foreign Affairs, shall be held by Member State representatives within the Council of Ministers on the basis of equal rotation for periods of at least a year. The European Council shall adopt a European decision establishing the rules of such rotation, taking into account European political and geographical balance and the diversity of Member States.

44. JEAN MONNET European Module The discussions in the IGC A consensus reached on the general principle of rotation at the Head of the Councils of Ministers and of a collective Presidency Hesitation about the details of this system Small states reticent to the idea of the Foreign Minister Abolition of the single Legislative Council idea

45. JEAN MONNET European Module The Provisions of the Treaty Presidency by a group of Member States for the various configurations of the Council (except for the Foreign Affairs Council, chaired by the Minister for Foreign Affairs) A system of equal rotation between the Member States A draft decision to be adopted as soon as the Constitution enters into force foreseeing a system of team presidency: three Member States for a period of 18 months, allowing each Member State to chair all the configurations for a period of six months, with the assistance of the two other Member States and on the basis of a common programme A post of Minister of Foreign Affairs introduced

46. JEAN MONNET European Module Article 24: Qualified majority 1.When the European Council or the Council of Ministers takes decisions by qualified majority, such a majority shall consist of the majority of Member States, representing at least three fifths of the population of the Union. 2.When the Constitution does not require the European Council or the Council of Ministers to act on the basis of a proposal of the Commission, or when the European Council or the Council of Ministers is not acting on the initiative of the Union Minister for Foreign Affairs, the required qualified majority shall consist of two thirds of the Member States, representing at least three fifths of the population of the Union. 3.The provisions of paragraphs 1 and 2 shall take effect on 1 November 2009, after the European Parliament elections have taken place, according to the provisions of Article 19.

47. JEAN MONNET European Module Article 24: Qualified majority 5.Where the Constitution provides in Part III for European laws and framework laws to be adopted by the Council of Ministers according to a special legislative procedure, the European Council can adopt, on its own initiative and by unanimity, after a period of consideration of at least six months, a decision allowing for the adoption of such European laws or framework laws according to the ordinary legislative procedure. The European Council shall act after consulting the European Parliament and informing the national Parliaments. Where the Constitution provides in Part III for the Council of Ministers to act unanimously in a given area, the European Council can adopt, on its own initiative and by unanimity, a European decision allowing the Council of Ministers to act by qualified majority in that area. Any initiative taken by the European Council under this subparagraph shall be sent to national Parliaments no less than four months before any decision is taken on it. 6.Within the European Council, its President and the President of the Commission do not vote.

48. JEAN MONNET European Module The discussions in the IGC Opposition by Poland and Spain The Italian Presidency options: –preservation of the system laid down by the Treaty of Nice; –establishment of a rendez-vous clause; –agreement on the principle of the double majority, but with modified thresholds; –preservation of the Convention's proposal. None of these options accepted

49. JEAN MONNET European Module The discussions in the IGC The Irish Presidency taking over at a point of complete disagreement –shaping the view that an agreement could be reached on the basis of the principle of the double majority –March Council meeting - principle de facto agreed –the percentages defining the majority still to be set in a way satisfying all delegations. This issue in the focus of deliberations until the June European Council Options considered: –55/55 or 60/60 –55% of the Member States and 65% of the population.

50. JEAN MONNET European Module The Provisions of the Treaty T he double majority of Member States and populations from 1 November 2009 onwards –QMV - 55% of the Member States representing 65% of the population –a blocking minority of at least four Member States –a formula based on the Ioannina compromise: “in case a decision is supported by only a narrow majority, the Member States in the minority may request a continuation of the discussions by three quarters of the blocking minority”

51. JEAN MONNET European Module Article 25: The European Commission 1.The European Commission shall promote the general European interest and take appropriate initiatives to that end. It shall ensure the application of the Constitution, and steps taken by the Institutions under the Constitution. It shall oversee the application of Union law under the control of the Court of Justice. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Constitution. With the exception of the Common Foreign and Security Policy, and other cases provided for in the Constitution, it shall ensure the Union’s external representation. It shall initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements. 2.Except where the Constitution provides otherwise, Union legislative acts can be adopted only on the basis of a Commission proposal. Other acts are adopted on the basis of a Commission proposal where the Constitution so provides.

52. JEAN MONNET European Module Article 25: The European Commission 3.The Commission shall consist of a College comprising its President, the Union Minister of Foreign Affairs/Vice-President, and thirteen European Commissioners selected on the basis of a system of equal rotation between the Member States. This system shall be established by a European decision adopted by the European Council on the basis of the following principles: (a) Member States shall be treated on a strictly equal footing as regards determination of the sequence of, and the time spent by, their nationals as Members of the College; consequently, the difference between the total number of terms of office held by nationals of any given pair of Member States may never be more than one; (b) subject to point (a), each successive College shall be so composed as to reflect satisfactorily the demographic and geographical range of all the Member States of the Union. The Commission President shall appoint non-voting Commissioners, chosen according to the same criteria as apply for Members of the College and coming from all other Member States. These arrangements shall take effect on 1 November 2009.

53. JEAN MONNET European Module Article 25: The European Commission 4.In carrying out its responsibilities, the Commission shall be completely independent. In the discharge of their duties, the European Commissioners and Commissioners shall neither seek nor take instructions from any government or other body. 5.The Commission, as a College, shall be responsible to the European Parliament. The Commission President shall be responsible to the European Parliament for the activities of the Commissioners. Under the procedures set out in Article III-243, the European Parliament may pass a censure motion on the Commission. If such a motion is passed, the European Commissioners and Commissioners must all resign. The Commission shall continue to handle everyday business until a new College is nominated.

54. JEAN MONNET European Module Article 26: The President of the European Commission 1.Taking into account the elections to the European Parliament and after appropriate consultations, the European Council, deciding by qualified majority, shall put to the European Parliament its proposed candidate for the Presidency of the Commission. This candidate shall be elected by the European Parliament by a majority of its members. If this candidate does not receive the required majority support, the European Council shall within one month propose a new candidate to the European Parliament, following the same procedure.

55. JEAN MONNET European Module Article 26: The President of the European Commission 2.Each Member State determined by the system of rotation shall establish a list of three persons, in which both genders shall be represented, whom it considers qualified to be a European Commissioner. By choosing one person from each of the proposed lists, the President-elect shall select the thirteen European Commissioners for their competence, European commitment, and guaranteed independence. The President and the persons so nominated for membership of the College, including the future Union Minister for Foreign Affairs, as well as the persons nominated as non-voting Commissioners, shall be submitted collectively to a vote of approval by the European Parliament. The Commission’s term of office shall be five years. 3.President of the Commission shall: lay down guidelines within which the Commission is to work; decide its internal organization, ensuring that it acts consistently, efficiently and on a collegiate basis; appoint Vice-Presidents from among the members of the College. A European Commissioner or Commissioner shall resign if the President so requests.

56. JEAN MONNET European Module The discussions in the IGC two tier system strongly opposed by the small countries and the Commission and abandoned by the Irish Presidency the system based on the Treaty of Nice informally adopted

57. JEAN MONNET European Module The Provisions of the Treaty the Commission would be made up of one Commissioner from each Member State until 2014 the Commission will be streamlined and be made up of a number of Commissioners corresponding to two thirds of the number of Member States on the basis of a system of equitable rotation The European Council will be able to change this number by a unanimous decision.

58. JEAN MONNET European Module Article 27: The Union Minister for Foreign Affairs 1.The European Council, acting by qualified majority, with the agreement of the President of the Commission, shall appoint the Union Minister for Foreign Affairs. He or she shall conduct the Union’s Common Foreign and Security Policy. The European Council may end his or her tenure by the same procedure. 2.The Union Minister for Foreign Affairs shall contribute by his or her proposals to the development of the common foreign policy, which he or she shall carry out as mandated by the Council of Ministers. The same shall apply to the common security and defence policy. 3.The Union Minister for Foreign Affairs shall be one of the Vice-Presidents of the Commission. He or she shall be responsible there for handling external relations and for coordinating other aspects of the Union’s external action. In exercising these responsibilities within the Commission, and only for these responsibilities, the Union Minister for Foreign Affairs shall be bound by Commission procedures.

59. JEAN MONNET European Module The discussions in the IGC Concerns re the hybrid nature and status of the Minister for Foreign Affairs figure The provisions of the Treaty no really significant change concerning this post special treatment in case the European Parliament adopts a motion of censure against the whole Commission

60. JEAN MONNET European Module The scope of qualified-majority voting and the bridging clauses The proposals of the Convention Bridging clauses - provision for the Council to decide, unanimously, to apply qualified-majority voting and/or the ordinary legislative procedure (co-decision) in a given area. Extension of QMV to cover twenty more provisions, including in the area of Justice and Home Affairs, taxation, CFSP

61. JEAN MONNET European Module The discussions in the IGC Bridging clause Italian presidency proposition: –the use of a bridging clause not possible if one of the national parliaments issues an objection QMV "emergency brake" procedure - possibility of suspending a procedure if "the fundamental principles of the legal or social security system of a Member State" were affected.

62. JEAN MONNET European Module The provisions of theTreaty one national parliament to block the decision of the European Council and prevent the move to qualified- majority voting and/or the ordinary legislative procedure. unanimity kept in the area of taxation, social policy, CSFP, the laws setting own resources and the multi annual financial frameworks the system of "emergency brakes" - in the area of judicial cooperation in criminal matters and the coordination of the social security of migrant workers

63. JEAN MONNET European Module The IGC October-December 1 July 2003 the Italian Presidency formal request to the Council that the IGC be convened Method Held at the level of head of states or governments Focal points set Questionnaires on the key issues Legal and linguistic expertise Opinions of the EC / EP / ECB / CoR / ECSC Six ministerial meetings

64. JEAN MONNET European Module Brussels, 12 – 13, December 2003 Intergovernmental Conference “The European Council noted that it was not possible for the Intergovernmental Conference to reach an overall agreement on a draft constitutional treaty at this stage. The Irish Presidency is requested on the basis of consultations to make an assessment of the prospect for progress and to report to the European Council in March”.

65. JEAN MONNET European Module A two level EU? Enhanced cooperation? “The initiative of a Franco-German rapprochement”? “… those member states which do indeed agree to the proposal of the Convention would have no other choice but to move forward together. In other words, I am convinced that the failure of the IGC would mark the start of all kinds of enhanced cooperation. We would inevitably see a two-speed Europe emerge, a core Europe, a European federation within the EU.” Guy Verhofstadt “Nothing is agreed until everything is agreed. If it happens that the Convention process ran in to the ground …that would not be the end of the world. We would have to get by with the Nice.” Jack Straw

66. JEAN MONNET European Module January – June 2004 Negotiations the Irish Presidency Method –Informal contacts –Focal points –Three ministerial meetings

67. JEAN MONNET European Module March 25-26 Brussels meeting –Heads of governments agreement to Bertie Ahern’s plans to finalize agreement on the draft Treaty by mid June January 2004 – start of the negotiations on the multi-annual financial perspective –Germany/Austria/France/Holland/Sweden and the UK letter to Romano Prodi –Spending to be pegged to 1 percent of the EU GDP March 11 – Madrid explosion –Victory of the Socialists in the election –Zapatero openness to the QMV negotiations

68. JEAN MONNET European Module European Council meeting June, 18, 2004 Heads of States or Governments agree on the Treaty establishing a Constitution for Europe CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS The Intergovernmental Conference, meeting at the level of the Heads of State or Government, reached an agreement on the draft Treaty establishing a Constitution for Europe on the basis of the texts in documents CIG 81/04 and CIG 85/04. The final legal editing and harmonization of the texts will be carried out with a view to the signing of the Treaty before the end of 2004.

69. JEAN MONNET European Module CONTRIBUTION TO EUROPEAN COUNCIL CONCLUSIONS The European Council welcomes the successful conclusion of the Intergovernmental Conference. The Treaty establishing a Constitution for Europe is an historic step forward in the process of integration and cooperation in Europe. Based on the work of the Convention, the Constitution establishes an efficient, democratic and transparent framework for the future development of the Union. It completes the process which began when the Treaty of Rome established the basic framework for European integration. Like the Treaty of Rome, it will serve for many years as the foundation of a Union at the service of its citizens. Legal and linguistic finalization of the text follows

70. JEAN MONNET European Module Rome, 29 October, 2004 The Treaty establishing a Constitution for Europe signed by the 25 member states Brussels Presidency Conclusions November 2004 “The European Council noted with deep satisfaction that the “Treaty establishing a Constitution for Europe “ was solemnly signed in Rome on 29 2004 on behalf of the Member States”.

71. JEAN MONNET European Module Referendums in the 25 Member States in accordance with their constitutional rules. The Constitutional Treaty to enter into force on 1 November 2006, as long as all the Member States have ratified by this date. Failing that, the Constitutional Treaty will enter into force on the first day of the second month following the deposition of the ratification instrument of the Member State, which is the last to complete this formality

72. Procedures planned for the ratification of the European Constitution Member State ProcedureDate scheduledPrevious European referendums AustriaParliamentary (Nationalrat and Bundesrat) Referendum ruled out May 2005 Approval by the Nationalrat 11 May 2005. 1994: accession BelgiumParliamentary (Chamber and Senate + Assemblies of Communities and Regions). Indicative referendum ruled out Indicative referendum: Negative opinion of the Council of State on 29 November 2004 + Vote against the draft law in the Chamber on 10 March. Ratification Bill adopted by Government on 11 March. Approval by the Senate: 28 April 2005. NO CyprusParliamentary Referendum ruled out First discussion in the House (Committee on European Affairs) on 4 February 2004. Approval by the House on 30 June 2005 NO

73. Czech Republic No final decision on a Referendum as proposed by Government Date of possible referendum currently debated: June 2006 together with national elections or 2005 Referendum should be postponed to end of 2006-beginning of 2007 2003: accession DenmarkReferendumPreviously scheduled on 27 September 2005 Now postponed (no new date) 1972: accession 1986: Single European Act 1992: Maastricht Treaty (twice) 1998: Amsterdam Treaty 2000: euro EstoniaParliamentary Referendum unlikely Approval by Parliament on 9 May 20062003: accession FinlandParliamentaryApproval by Parliament in December 2006 Consultative referendum: 1994: accession

74. JEAN MONNET European Module FranceReferendumReferendum 29 May 2005 negative (NO: 54,68%; turn out: 69,34%) 1972: enlargement EEC 1992: Maastricht Treaty GermanyParliamentary (Bundestag and Bundesrat ) Approval by Bundestag: 12 May 2005.NO GreeceParliamentary But the Left parties submitted a joint proposal for a referendum Approval by Parliament: 19 April 2005NO HungaryParliamentaryApproval by Parliament : 20 December 2004 2003: accession

75. IrelandParliamentary + Referendum Referendum postponed. A White paper has been presented to the parliament on 13 October 2005. 1972: accession 1987: Single European Act 1992: Maastricht Treaty 1998: Amsterdam Treaty 2001 and 2002: Nice Treaty ItalyParliamentary (Chamber and Senate) Approval by the Chamber on 25 January 2005 and by the Senate on April 6th. Consultative referendum: 1989: possible draft Constitution LatviaParliamentaryApproval by the chamber on 2 June 2005 2003: accession Lithuan ia ParliamentaryApproval by Parliament 11-11-042003: accession Luxemb ourg Parliamentary (two votes) + consultative referendum Approval by the Chamber (first reading) on 28 June. Positive Referendum on 10 July 2005: 56,52% in favour, 43,48% against. Final approval by the Chamber on 25 October 2005 (57 votes in favour, 1 against). NO

76. MaltaParliamentary Referendum ruled out Approval by Parliament: 6 July 2005 2003: accession NetherlandsParliamentary (First and second Chambers)+ consultative referendum Referendum 1 June 2005 negative (61,7%, turn out: 63%) NO PolandReferendum probable No decision taken so far by Parliament on the procedure The Parliament failed on 5 July to vote on the ratification procedure. The decision should be taken by the next parliament 2003: accession PortugalReferendumReferendum previously scheduled for October 2005 (preliminary revision of the national constitution adopted by Parliament on 22 June 2005) Government wishes to postpone the process (no date fixed). NO SlovakiaParliamentary Referendum has been ruled out Approval by Parliament: 11 May 2005 2003: accession SloveniaParliamentaryApproval by Parliament: 1 February 2005 2003: accession

77. JEAN MONNET European Module SpainParliamentary (Congress and Senate) + consultative referendum Referendum 20 February 2005: 76,7% in favour. Turnout: 42,3%. Approval of the Congress on 28 April. Approval of the Senate on 18 May 2005 NO SwedenParliamentary No referendum envisaged at this stage Presentation of the Ratification Bill previously scheduled in Summer for approval in December 2005 has been postponed. Consultative referendums: 1994: accession 2003: euro United Kingdom Parliamentary (House of Commons and House of Lords ). + consultative referendum Parliamentary ratification process suspended (suspension announced by UK government on 6 June 2005) Bill approved in second reading by the House of Commons on 9 February 2005. 1975: Continued membership of the EC

78. JEAN MONNET European Module DECLARATION BY THE HEADS OF STATE OR GOVERNMENT OF THE MEMBER STATES OF THE EUROPEAN UNION ON THE RATIFICATION OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE (European Council, 16 and 17 June 2005) To date, 10 Member States have successfully concluded ratification procedures, thereby expressing their commitment to the Constitutional Treaty. We have noted the outcome of the referendums in France and the Netherlands. We consider that these results do not call into question citizens‘ attachment to the construction of Europe. Citizens have nevertheless expressed concerns and worries which need to be taken into account. Hence the need for us to reflect together on this situation.

79. JEAN MONNET European Module This period of reflection will be used to enable a broad debate to take place in each of our countries, involving citizens, civil society, social partners, national parliaments and political parties. This debate, designed to generate interest, which is already under way in many Member States, must be intensified and broadened. The European institutions will also have to make their contribution, with the Commission playing a special role in this regard.

80. JEAN MONNET European Module The recent developments do not call into question the validity of continuing with the ratification processes. We are agreed that the timetable for the ratification in different Member States will be altered if necessary in response to these developments and according to the circumstances in these Member States. We have agreed to come back to this matter in the first half of 2006 to make an overall assessment of the national debates and agree on how to proceed.

81. JEAN MONNET European Module Seminar 7: The Constitutional Treaty of the EU The roles of the national interests, coalitions and the Presidency influences. The Convention work outcome (Giscard d’Estang oral report presented to the EC in Thessaloniki) Spanish and Polish bargaining positions. The UK bargaining position, the German bargaining position, the French bargaining position. The Italian presidency failure? The Irish Presidency break through? Essays and presentations. Discussion.

82. JEAN MONNET European Module Thank you!