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Q&A: The Reform Treaty Q&A: The Reform Treaty
(5 days later)
The European Union has dropped plans for a constitution and has decided to amend two existing treaties instead.The European Union has dropped plans for a constitution and has decided to amend two existing treaties instead.
The IGC will carry out its work in accordance with the mandate set out in Annex 1 to these conclusions Conclusions of June EU summit Read the full mandate Most computers will open this document automatically, but you may need Adobe Reader Download the reader here The amendments will be contained in a new Reform Treaty, and will replicate many of the "innovations" that went into the draft constitution.The IGC will carry out its work in accordance with the mandate set out in Annex 1 to these conclusions Conclusions of June EU summit Read the full mandate Most computers will open this document automatically, but you may need Adobe Reader Download the reader here The amendments will be contained in a new Reform Treaty, and will replicate many of the "innovations" that went into the draft constitution.
The precise text of the treaty will be decided by an intergovernmental conference (IGC) in the second half of 2007.The precise text of the treaty will be decided by an intergovernmental conference (IGC) in the second half of 2007.
How similar will the Reform Treaty be to the draft constitution?How similar will the Reform Treaty be to the draft constitution?
It will contain many of the changes the constitution attempted to introduce, for example:
  • A politician chosen to be president of the European Council for two-and-a-half years, replacing the current system where countries take turns at being president for six months
  • A new post combining the jobs of the existing foreign affairs supremo, Javier Solana, and the external affairs commissioner, Benita Ferrero-Waldner, to give the EU more clout on the world stage
  • A smaller European Commission, with fewer commissioners than there are member states, from 2014
  • A redistribution of voting weights between the member states, phased in between 2014 and 2017
  • New powers for the European Commission, European Parliament and European Court of Justice, for example in the field of justice and home affairs
  • Removal of national vetoes in a number of areas
It will contain many of the changes the constitution attempted to introduce, for example:
  • A politician chosen to be president of the European Council for two-and-a-half years, replacing the current system where countries take turns at being president for six months
  • A new post combining the jobs of the existing foreign affairs supremo, Javier Solana, and the external affairs commissioner, Benita Ferrero-Waldner, to give the EU more clout on the world stage
  • A smaller European Commission, with fewer commissioners than there are member states, from 2014
  • A redistribution of voting weights between the member states, phased in between 2014 and 2017
  • New powers for the European Commission, European Parliament and European Court of Justice, for example in the field of justice and home affairs
  • Removal of national vetoes in a number of areas
Most European leaders acknowledge that the main substance of the constitution will be preserved.Most European leaders acknowledge that the main substance of the constitution will be preserved.
Reform Treaty at-a-glanceReform Treaty at-a-glance
If it contains the same substance, why is the Reform Treaty not a constitution?If it contains the same substance, why is the Reform Treaty not a constitution?
The constitution attempted to replace all earlier EU treaties and start afresh, whereas the Reform Treaty amends the Treaty on the European Union (Maastricht) and the Treaty Establishing the European Community (Rome).The constitution attempted to replace all earlier EU treaties and start afresh, whereas the Reform Treaty amends the Treaty on the European Union (Maastricht) and the Treaty Establishing the European Community (Rome).
It also drops all reference to the symbols of the EU - the flag, the anthem and the motto - though these will continue to exist.It also drops all reference to the symbols of the EU - the flag, the anthem and the motto - though these will continue to exist.
When will the IGC be held?When will the IGC be held?
IGC TIMELINE Start: 23 July, BrusselsFinish: 18/19 October, LisbonRatification: 2008Entry into force: 2009 It will be launched at a meeting of foreign ministers in Brussels on 23 July, when the Portuguese EU presidency will present a first draft of the Reform Treaty. IGC TIMELINE Start: 23 July, BrusselsFinish: 18/19 October, LisbonRatification: 2008Entry into force: 2009 It was launched at a meeting of foreign ministers in Brussels on 23 July, when the Portuguese EU presidency presented a first draft of the Reform Treaty.
Work will then continue behind the scenes, carried out by legal experts or by "sherpas" - political appointees from each member state. Foreign ministers will assess progress at a meeting on 7-8 September at the resort of Viana do Castelo, Portugal.Work will then continue behind the scenes, carried out by legal experts or by "sherpas" - political appointees from each member state. Foreign ministers will assess progress at a meeting on 7-8 September at the resort of Viana do Castelo, Portugal.
The plan is to conclude the conference at a summit in Lisbon on 18 and 19 October. The treaty could be signed straight away, or in December, and ratified by member states in 2008, in time for the European elections in 2009.The plan is to conclude the conference at a summit in Lisbon on 18 and 19 October. The treaty could be signed straight away, or in December, and ratified by member states in 2008, in time for the European elections in 2009.
Experts say the October deadline is quite a tight one, and could be hard to meet.Experts say the October deadline is quite a tight one, and could be hard to meet.
How much has been left to the IGC to decide?How much has been left to the IGC to decide?
The EU summit in Brussels in June issued a mandate for the negotiations which attempts to specify the content of the treaty in some detail, enabling negotiators to avoid big political debates and focus on technical issues of drafting.The EU summit in Brussels in June issued a mandate for the negotiations which attempts to specify the content of the treaty in some detail, enabling negotiators to avoid big political debates and focus on technical issues of drafting.
Poland has nonetheless indicated it wants to continue discussing part of a deal reached at the summit on the redistribution of voting weights. Other countries and the European Commission are likely to object, but the IGC has to reach unanimous decisions, so in theory Poland could insist.Poland has nonetheless indicated it wants to continue discussing part of a deal reached at the summit on the redistribution of voting weights. Other countries and the European Commission are likely to object, but the IGC has to reach unanimous decisions, so in theory Poland could insist.
Who takes part in the IGC?Who takes part in the IGC?
Representatives of the 27 member states, plus representatives from the European Parliament and European Commission.Representatives of the 27 member states, plus representatives from the European Parliament and European Commission.
The negotiations take place at several levels. First legal experts will tidy up the text, then political appointees known as sherpas will get involved.The negotiations take place at several levels. First legal experts will tidy up the text, then political appointees known as sherpas will get involved.
Any difficult problems will be referred up to foreign ministers. Final political agreement will take place at head of government level.Any difficult problems will be referred up to foreign ministers. Final political agreement will take place at head of government level.
Why is the constitution being dropped?Why is the constitution being dropped?
The draft constitutional treaty was rejected by French and Dutch voters in referendums in 2005, after which both countries said they would be unable to adopt it without significant changes.The draft constitutional treaty was rejected by French and Dutch voters in referendums in 2005, after which both countries said they would be unable to adopt it without significant changes.
The UK also pressed hard for a modest "amending treaty", which could be ratified by means of a parliamentary vote, like earlier EU treaties.The UK also pressed hard for a modest "amending treaty", which could be ratified by means of a parliamentary vote, like earlier EU treaties.
Some experts say the UK's opt-out from the Charter of Rights is leakyCould the Reform Treaty also end up being rejected?Some experts say the UK's opt-out from the Charter of Rights is leakyCould the Reform Treaty also end up being rejected?
So far only one country, Ireland, has said it will definitely hold a referendum. Although Irish voters rejected the Nice Treaty in 2001, most observers believe a comfortable majority will back the Reform Treaty in summer 2008.So far only one country, Ireland, has said it will definitely hold a referendum. Although Irish voters rejected the Nice Treaty in 2001, most observers believe a comfortable majority will back the Reform Treaty in summer 2008.
However, there is also a possibility of referendums in the Netherlands and Denmark, where the outcome would be harder to predict.However, there is also a possibility of referendums in the Netherlands and Denmark, where the outcome would be harder to predict.
Some other countries have also yet to make a final decision on whether to ratify the treaty by referendum. But most, including the UK, are planning to ratify it in parliament, where upsets are unlikely.Some other countries have also yet to make a final decision on whether to ratify the treaty by referendum. But most, including the UK, are planning to ratify it in parliament, where upsets are unlikely.
Four countries - Spain, France, the Netherlands and Luxembourg - held referendums on the constitutional treaty. Another six - the Czech Republic, Denmark, Ireland, Poland, Portugal and the UK - were planning to hold referendums, until the votes in France and the Netherlands made this unnecessary.Four countries - Spain, France, the Netherlands and Luxembourg - held referendums on the constitutional treaty. Another six - the Czech Republic, Denmark, Ireland, Poland, Portugal and the UK - were planning to hold referendums, until the votes in France and the Netherlands made this unnecessary.
Will the Reform Treaty transfer powers from national governments to the EU?Will the Reform Treaty transfer powers from national governments to the EU?
Yes, the EU exists by virtue of the fact that countries agree to pool sovereignty in certain areas. The Reform Treaty deepens the co-operation in some areas, and extends it to new areas. But opinions differ on how much power this treaty transfers to the EU, and whether it transfers more or less than earlier treaties.Yes, the EU exists by virtue of the fact that countries agree to pool sovereignty in certain areas. The Reform Treaty deepens the co-operation in some areas, and extends it to new areas. But opinions differ on how much power this treaty transfers to the EU, and whether it transfers more or less than earlier treaties.
Is the Charter of Fundamental Rights expected to feature in the new treaty?Is the Charter of Fundamental Rights expected to feature in the new treaty?
Yes and no. There will be a reference to it, making it legally binding, but the full text will not be included.Yes and no. There will be a reference to it, making it legally binding, but the full text will not be included.
Both the UK and the Netherlands wanted it to be dropped, partly on the grounds that it would make the treaty look too much like the constitution, but they were not completely successful.Both the UK and the Netherlands wanted it to be dropped, partly on the grounds that it would make the treaty look too much like the constitution, but they were not completely successful.
The UK has secured an opt-out, which says the charter cannot affect British law. However, experts are divided on how effective this will be.The UK has secured an opt-out, which says the charter cannot affect British law. However, experts are divided on how effective this will be.
Q&A: Charter of Fundamental RightsQ&A: Charter of Fundamental Rights
Are any other countries seeking new opt-outs?Are any other countries seeking new opt-outs?
Ireland and the UK currently have an opt-out from European policies concerning asylum, visas and immigration. Under the Reform Treaty the UK will have the right to opt in or out of any policies in the entire field of justice and home affairs. Ireland is expected to decide in the autumn whether to follow the British down this path.Ireland and the UK currently have an opt-out from European policies concerning asylum, visas and immigration. Under the Reform Treaty the UK will have the right to opt in or out of any policies in the entire field of justice and home affairs. Ireland is expected to decide in the autumn whether to follow the British down this path.
Denmark will continue with its existing opt-out from justice and home affairs, but would also gain the right under the Reform Treaty to opt for the pick-and-choose system.Denmark will continue with its existing opt-out from justice and home affairs, but would also gain the right under the Reform Treaty to opt for the pick-and-choose system.
Poland says it reserves the right to follow the UK in opting-out of the Charter of Fundamental Rights. Ireland says it is studying the opt-out on the, but has no intention of adopting it. Poland says it reserves the right to follow the UK in opting-out of the Charter of Fundamental Rights.