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Reformed Institutions

How will the European Union work with the Constitution?
A more efficient Europe
Who does what? The distribution of competence between the Member States and the European Union

The strengthening of the European Union's efficiency in terms of the decision-making process poses a major challenge: strengthening Europe's ability to make decisions and act as a Union that welcomed ten new members on May 1, 2004. At the same time, it must  guarantee the legitimacy of those decisions and actions, a necessary condition to bring Europe closer to its citizens.

A smaller more efficient European Commission

The European Constitution will maintain the rule of equal representation of States until 2014, in order to satisfy the claims of  small and medium size countries that  wish to be represented in a very influential institution that monopolizes the proposal of European laws, the Commission. Nevertheless, from this date forward, the Constitution plans for a reduction in the size of the Commission to 18 members (representing two thirds of the States since Bulgaria and Romania will probably have joined the EU by that time). This is to prevent the Commission from becoming an "intergovernmental institution" simply responsible for the defense of national interests,  and representing an institution that resembles a "college with a collective responsibility".

Facilitation of the Decision Making Process

Concerning the "qualified majority" voting rule within the Council of Ministers, the Constitution provides great improvements since the Nice Treaty. It introduces the rule of "dual majority," whereby a decision will be made if it wins the approval of 55% of the number of States representing 65% of the Union's population. This new rule will facilitate decision-making while acknowledging that the European Union finds its basis in dual legitimacy: that of the States and of the citizens.

The increased efficiency of the decision-making process also extends the use of majority voting (defined above) to new areas, especially to legal co-operation in the civilian sector as well as to political asylum and immigration. This development respects the new goal that must be attained in order to establish Europe’s political union, especially in terms of the completion of the European area as one of free movement of European citizens.

The majority vote would replace unanimity in 25 areas. This new measure will affect the decisions concerning issues on citizens’ needs, such as external borders, asylum and immigration, social security, and the free movement of European employees throughout the Union.

In certain areas where the unanimity rule is upheld, the Council of Ministers may decide to utilize the qualified majority rule (these are the so-called "bridge clauses").

Towards greater coherence of work undertaken

The third major element that will strengthen the decision-making capacities of the European Union is the creation of a presidential position of the European Council and a European Foreign Affairs Minister.

A full time President of the European Council, elected by this institution via a qualified majority vote, for a two year, renewable term, will provide greater continuity and coherence to the European Council’s work. The President will provide the Union with a face and a voice. The European Minister of Foreign Affairs, a position that combines that of the High Representative of the CFSP and of the Commissioner of External Affairs, will unify the Union’s foreign policy. This person will be appointed by the European Council and will preside over the Council of Ministers of Foreign Affairs while simultaneously assuming the role of Vice President of the European Commission.

 


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