Reformed Institutions
One of the major developments achieved by
the European Constitution lies in clarifying how the
European Union
functions.
The complex nature of the "community machine" has too
often been the source of
citizens’ disinterest in the decisions
made by Europe, which are often deemed too ambiguous.
The Constitution defines the role and functions of each
institution in order to clarify the European political
system.
The European Commission
The European
Commission maintains its central role.
It monopolizes
legislative initiative,
providing it with
major political influence.
The first
Commission appointed after the application of the
Constitution (2009-2014) will comprise a Commissioner
from each Member State,
following which
the number
of Commissioners will correspond to two thirds of the
Member States (i.e.
18 in the Union of 27 after the accession of Romania and
Bulgaria). Commissioners will be selected based on a
rotating system of representation of the Member States.
If the
new system proves to be effective, it will be due to the
reduction of the size of the Commission, which in turn
can facilitate reaching a consensus.
Another great advancement concerns
the President of the Commission
who
will be elected by the European
Parliament
based on a proposal and consultation with
the European Council and the results of the European
elections.
This development presents a dual
advantage.
Firstly,
it provides the President of the Commission with
a new
democratic legitimacy, which is vital for an institution that
is often criticized as “disconnected” from its citizens. Finally,
this will invoke a new credibility in the European
elections and a greater participation of the European
electorate whose vote will influence the European
political sphere.
A
President for the Council of Europe
Presently,
each Member State
presides over the European Union
with its Head of State as intermediary
for a six-month rotating term. This system hinders the
stability of the European Council’s agenda, which
represents the Heads of State and Government of the
Union and defines major European orientations.
The greatest
innovation lies in the creation of a stable
Presidential
position.
Like the European Parliament and the Commission,
the European Council will have a full time president
(who
will not
be able
to fulfill
a national
mandate). He will be elected
via a
qualified majority vote in
the European
Council for a two and a half year, renewable
term.
The President of the European Council
will provide the European Union with a voice and a face
by ensuring the Union's representation internationally
and by presiding over and coordinating the European
Council's work.
The
Council of Ministers
The Council of
Ministers' (comprising various groups according to the
sectors involved,
such as economy and finance, agriculture,
etc …) main role is to vote
on
European laws with the European Parliament.
The first
innovation lies in the fact that Council debates and
voting will be held in public,
which is presently not the case, which follows
the trend of
democratizing
the
European Union. Apart from the specialist groups within
the Council of Ministers the Constitution
emphasizes:
- The "General
Affairs Council" that ensures the coherence of the work
undertaken by the various groups within the Council.
- The "Foreign
Affairs Council" presided over by the new European
Foreign Affairs Minister who "establishes the Union's
external activities according to the strategic plan laid
out
by the
European Council."
The second
innovation
concerns
modifying the voting method.
Indeed,
unlike
in the
European Parliament,
where a
simple majority vote is utilized, the voting system in
the Council reflects the “weight” of each State in order
for a law to represent the voice of the majority of the
population of European citizens and the Member States’
influence.
This is defined as the
"weighted
vote". In order to avoid the States with
a
“big weighted
vote” to form a
bloc
within the
Council, the treaties
affirm
that
European
decisions
could only be adopted by a specific majority (qualified
majority). This
system
requires a joint
approach between big and small States.
The Constitution will replace this
system
with a clearer and more democratic
one,
based on the dual majority of the States and population.
A
law will be adopted within the Council if it meets the
approval of at least 55% of the Union's Member States (ie
EU27 = 15 Member States) representing at least 65% of
the Union's population. This new system is both
democratic but also more efficient in comparison with
the
one
established in the Nice Treaty.
It
facilitates the creation of majorities and therefore
decision-making, which is vital in a Union of 25
members.
A
European Foreign Affairs Minister
The Constitution
heralds the creation of a European Foreign Affairs
Minister. It merges the present functions of
the
High Representative of the Common
Foreign and Security Policy, a position presently held
by Javier Solana, and the
European Commissioner for External Relations, a position presently held
by Ms. Benita Ferrero-Waldner. Consequentially,
this change will enhance the coherence and the unity of
the European Union’s external affairs. Appointed
by the European Council and invested by the European
Parliament, he will be the Vice President of the
European Commission and will preside over the Council
for Foreign Affairs within the Council of Ministers.
The European
Parliament: a strengthened institution
The European Constitution increases the
powers of the European Parliament, both in legislative,
budgetary
and political control, increasing the
democratization of the European Union
(see link with Sheet 1).
Regarding its
content,
the Constitution satisfies the requests
of small
countries to increase their representation,
thereby
explaining the increase in the minimum number of MP's
from 4 to 6. However the maximum number of Euro MP's is
limited to 750.
Consequentially, the number of Germany’s representatives
decreases from 99 to 96, while the number of seats held
by the UK and France remains the same.
These will be the
rules governing the composition of the European
Parliament as
of
2009.
The Court
of Justice
This institution
is responsible for the respect and interpretation of
Union law across its entire territory and for the
settlement of any conflicts between Member States, the
Union and the Member States, and also between the
institutions and private parties
throughout
the
European Union.
©
>
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