The Proposed EU Constitution

The new EU constitution is little different from what went before. But it's a lot easier to digest, more open and more democratic. Liberal Democrat Lawyers met on March 27 for a conference at Jesus College, Oxford and went over the new draft EU constitution. The changes to the existing structure do not transfer extensive new powers to the EU - despite all the press hysteria.

Ten points about the Proposed EU Constitution:

Simplified: The draft constitution, protocols and policies cover only 300 pages, replacing a huge and confused pile of former treaties, protocols and decisions. It clarifies who does what in the EU simply and in one document. It includes a Charter of Fundamental Rights and provides for future amendments - subject to unanimous agreement.

More effective in world affairs: The present External Affairs Commissioner and High Representative posts (currently Chris Patten and Javier Solana) are combined. The supporting administration will include national civil servants, avoid duplication and be more effective in presenting the EU position. Policy will still be set by the Governments of the member states.

Foreign, Security and Defence Policy: Closer cooperation for greater security and influence is envisaged but veto powers remain. Willing States can cooperate further. Liberal Democrats support retention of the veto. This cannot be changed without the British Government's agreement. Decision-making more accountable: When Ministers of Member States meet to make laws, this will have to be in public. (The British Labour Government wants to continue the secrecy of the Council of Ministers). More qualified majority voting (QMV) by national ministers is proposed but the European Parliament will also have to give approval.

Policy areas exclusive to the EU: These stay the same, namely: Competition rules for the internal market; Monetary policy for the Eurozone; Customs union; Common commercial policy; Fisheries conservation. The EU can also conclude relevant international agreements.

Shared policy areas: The only new area where the EU can legislate as well as member states is an extension to energy policy. If the EU proposes laws the Commission must explain why the EU rather than regional or national governments should do it. Its reasoning can be challenged.

Primacy of EU law: When the EU makes laws it is because action is required in all countries in order for it to be effective and fair (for example to counter pollution - which is no respecter of boundaries, or to enforce competition policy). This has always been the case, and is not changed by the draft Constitution.

More Scrutiny by our Parliament: All chambers of Parliaments (not just Governments) are to be given notice of new legislation and more opportunity for scrutiny and objection. For the UK the Commons and the Lords will each be entitled to cast a vote.

European Council Presidency: Instead of each country taking a turn to be President of the Council of Ministers for six months, there will be a full time President of the Council. The President will be elected for a 21/2 year term by national Prime Ministers.

Parliament decides on President of the Commission: The EU Parliament can veto or approve the appointment of the Commission President following their nomination by national Prime Ministers. Parliament will have the power to censure the Commission.