Europe sets out sweeping new powers (new EU treaty sets stage for tyranny)

Sweeping plans for a new European constitution, with an elected president and overriding powers to legislate across the whole range of national life, reignited the fierce debate over Britain's future in Europe last night.

The draft of the constitution, which was presented in Brussels yesterday, includes plans for a common foreign policy, a legally binding charter of fundamental rights, control over economic and employment policies and the explicit primacy of EU law over member states for the first time.

Although references to a "federal" Europe were dropped at Tony Blair's request, the Conservatives said the proposals would result in a loss of control over many areas of national interest.

David Heathcoat-Amory, the Tory MP on the European Convention, which is drafting the constitution, said it amounted to "a European state with a European government".

Peter Hain, the Cabinet minister on the convention, said that talk of a Brussels-run federal superstate was a "myth". Britain had influenced the plans considerably and the EU would continue to be a "partnership of sovereign member states with governments such as Britain's still in charge".

He said there were important battles still to fight to protect Britain's interests, including opposing cross-border social security measures and ensuring that the proposed foreign minister was firmly under the control of governments and not the EU Commission.

But his assurances failed to stem growing demands for a referendum on the proposals.

Senior Tory, Labour and Liberal Democrat figures made clear that they would join forces to press for one if the constitution went through in its present form.

A year-long battle lies ahead, with Britain expected to try to water down the proposals before they become part of a formal treaty. But there is a widespread view in Brussels that London will find it hard to attract enough allies to secure major concessions.

Eurosceptics said the draft represented a big shift away from a partnership of nation states to the EU becoming a fully-fledged superstate when it expands to 25 countries, stretching from Ireland to the borders of Russia.

The EU envisaged by the 105-strong convention would have a full-time president elected by EU leaders to give strategic direction. He or she would be a serving or former prime minister.

A foreign minister would be elected, also by EU leaders, to conduct a common policy. EU defence and security policy initiatives would also come under his remit.

EU leaders will give their first assessment of the partial text at a summit in Greece next month. The final version will need the unanimous agreement of member states, allowing individual governments to veto any provision they find unacceptable.

Mr Hain, the Welsh Secretary, accused the Tories and some newspapers of trying to frighten the public by misrepresenting the constitution as a threat to British sovereignty.

He told BBC Radio that the deletion of the word "federal" was a clear sign that the rest of Europe shared Britain's view that the EU would remain a union of sovereign states.

"There will be no harmonisation of tax," he said. "Governments will remain in charge of foreign and security policy, with countries such as Britain having a veto."

Mr Hain said the Government would negotiate a "good deal" on protecting Britain's interests and that there was no case for a referendum.

Asked about The Telegraph's call for an appeal to raise £20 million for a referendum on the final text next year, he said: "It is a free country, but Parliament remains the sovereign source of decision-making."

Michael Ancram, the Tory foreign affairs spokesman, demanded a referendum. He said the draft was "a step-change away from a partnership of nations . . . towards a political union with its own president, its own foreign secretary, its own constitution, including enforceable rights, and control over many areas of hitherto domestic policy".

Edited version of the Draft EU Text

Title I: Definition and Objectives of the Union
Article I-1: Establishment of the Union
1 Reflecting the will of the citizens and States of Europe to build a common future, this Constitution establishes the European Union, on which the Member States confer competences to attain objectives they have in common. The Union shall co-ordinate the policies by which the Member States aim to achieve these objectives, and shall exercise in the Community way the competences they confer on it.

Article I-2: The Union's values
The Union is founded on the values of respect for human dignity, liberty, democracy, the rule of law and respect for human rights.

These values are common to the Member States in a society of pluralism, tolerance, justice, equality, solidarity and non-discrimination.

Article I-3: The Union's objectives
1 The Union's aim is to promote peace, its values and the well-being of its peoples.

2 The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and a single market where competition is free and undistorted.

3 The Union shall work for a Europe of sustainable development based on balanced economic growth, with a social market economy aiming at full employment and social progress.

In its relations with the wider world, the Union shall uphold and promote its values and interests.

It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and protection of human rights and in particular children's rights, as well as to strict observance and development of international law, including respect for the principles of the United Nations Charter.

Article I-5: Relations between the Union and the Member States
1 The Union shall respect the national identities of its Member States, inherent in their fundamental structures, political and constitutional, including for regional and local self government.

2 The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the objectives set out in the Constitution.

Article I-6: Legal personality
The Union shall have legal personality.

Title II: Fundamental rights and citizenship of the Union
Article I-7: Fundamental rights
1 The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights, which constitutes the Second Part of this Constitution.

2 The Union shall seek accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Article I-8: Citizenship of the Union
1 Every national of a Member State shall be a citizen of the Union.

Citizenship of the Union shall be additional to national citizenship; it shall not replace it.

Title III: Union competences and actions
Article I-9: Fundamental principles
1 The limits of Union competences are governed by the principle of conferral.

2 Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon the Union in the Constitution remain with the Member States.

Article I-10: Union law
1 The Constitution, and law adopted by the Union's Institutions in exercising competences conferred on it, shall have primacy over the law of the Member States.

Article I-11: Categories of competence
1 When the Constitution confers on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts.

2 When the Constitution confers on the Union a competence shared with the Member States in a specific area, the Union and the Member States shall have the power to legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised, or has decided to cease exercising its competence.

3 The Union shall have competence to co-ordinate the economic and employment policies of the Member States.

4 The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.

Article I-12: Exclusive competence
1 The Union shall have exclusive competence to establish competition rules within the internal market, and in the following areas:
monetary policy, for the Member States which have adopted the euro; common commercial policy; customs union; the conservation of marine biological resources under the common fisheries policy.

Article I-13: Areas of shared competence
1 The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles I-12 and I-16.

2 Shared competence applies in the following principal areas: internal market; area of freedom, security and justice; agriculture and fisheries excluding the conservation of marine biological resources; transport and trans-European networks; energy; social policy; for aspects defined in Part Three; economic and social cohesion; environment; consumer protection; common safety concerns in public health matters.

Article I-14: The coordination of economic and employment policies
1 The Union shall adopt measures to ensure co-ordination of the economic policies of the Member States, in particular by adopting broad guidelines for these policies.

2 Specific provisions shall apply to those Member States which have adopted the euro.

3 The Union shall adopt measures to ensure co-ordination of the employment policies of the Member States.

4 The Union may adopt initiatives to ensure co-ordination of Member States' social policies.

Article I-15:The common foreign and security policy
1 The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy, which might lead to a common defence.

2 Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the acts adopted by the Union in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness.

Article I-17: Flexibility clause
1 If action by the Union should prove necessary within the framework of the policies defined in Part Three to attain one of the objectives set by this Constitution, and the Constitution has not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall take the appropriate measures.

Title IV: The Union's institutions
Article I-18: The Union's Institutions
Article I-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.

The President of the European Council shall ensure at his level that the Union is effectively represented in the wider world on issues concerning its common foreign and security policy.

2 The President of the European Council shall chair it and drive forward its work, ensuring proper preparation and continuity.

3 Except where the Constitution provides otherwise, decisions of the Council shall be taken by qualified majority.

Article I-27: The Foreign Minister
1 The European Council, deciding by qualified majority, with the agreement of the President of the Commission, shall appoint the Union's Foreign Minister. He shall conduct the Union's common foreign and security policy.

2 The Foreign Minister shall contribute by his proposals to the development of the common foreign policy, which he shall carry out as mandated by the Council. The same shall apply to the common security and defence policy.

3 The Foreign Minister shall be one of the Vice-Presidents of the Commission.

Article I-28: The Court of Justice of the European Union
1 The Court of Justice, including the High Court, shall ensure respect for the Constitution and Union law.

A European law shall be a legislative act of general application. It shall be binding in its entirety and directly applicable in all Member States.

Article I-35: Delegated regulations
1 European laws and European framework laws may delegate to the Commission the power to enact delegated regulations to supplement or amend certain non-essential elements of the law or framework law.

Article I-39: Specific provisions for implementing common foreign and security policy
1 The European Union shall conduct a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions.

2 The European Council shall identify the Union's strategic interests and determine the objectives of its common foreign and security policy.

Article I-40: Specific provisions for implementing common defence policy
1 The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capability drawing on assets civil and military. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.

2 The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides.

It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.

The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (Nato).

A European Armaments, Research and Military Capabilities Agency shall be established.

Article I-42: Solidarity clause
1 The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the victim of terrorist attack or natural or man-made disaster.

Article I-53: The Union's resources
1 The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.

Article I-58: Suspension of Union membership rights
3 The Council, acting by a qualified majority, may adopt a decision suspending certain of the rights deriving from the application of this Constitution to the Member State in question, including the voting rights of that Member State in the Council.

Article I-59: Voluntary withdrawal from the Union
1 Any Member State may decide to withdraw from the European Union in accordance with its own constitutional requirements.

2 A Member State which decides to withdraw shall notify the European Council of its intention; the European Council shall examine that notification.

In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.

That agreement shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

Subsidiarity protocol
Any legislative proposal should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality.

This statement should contain some assessment of the proposal's financial impact and, in the case of a framework law, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation.

The reasons for concluding that a Union objective can be better achieved at Union level must be substantiated by qualitative and, wherever possible, quantitative indicators.

The Commission shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved.

Full text available at European-convention.eu.int

Related reports


	EU sets out new powers

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