The work to give Europe its constitutional treaty continues” “
During the Convention’s 18th plenary assembly, held in Brussels on 17-18 March, the Presidium presented its draft articles regarding the European Space of Freedom, Security and Justice and the finances of the European Union, and the Convention debated the articles dedicated to EU tasks and the simplification of its legislative procedure . Justice and internal affairs. The Presidium presented its draft articles relating to the European Space of Freedom, Security and Justice (art. 31 of the first part of the Constitution, as well as 23 articles that will form the specific Title on the matter included in the second part of the constitutional Treaty). According to the Presidium, article 31 “contains what is specific about the action of the Union in this sector” (legislation, executive cooperation, role of the national parliaments, right of initiative of the member states and of the Commission regarding police and judicial cooperation on penal matters). The 23 “technical” articles to be incorporated in the second part of the Treaty define the European Space of Freedom, Security and Justice and specify its tasks and procedures in relation to the individual chapters, including the role of the European Council and that of the national parliaments, the measures of public order and internal security, policies relating to frontier controls, asylum and immigration, the principle of solidarity, judicial cooperation in civil and penal matters, prevention of criminality, police cooperation (internal security and Europol), and interventions on the territory of other member states. In the course of his press conference at the end of the session, President Giscard spoke of an “excellent result as regards the simplification and clarification of EU tasks and sectors of action”. He emphasized in particular that significant questions such as immigration and asylum “will form part of the framework of new legislative procedures in the future EU”, and be subjected to a common policy. The article on material penal law “lists” the offences and the sanctions that shall be subjected to common European action. Provision is also made for the institution of a European public prosecutor’s office composed of a public prosecutor for each member state. Finances of the Union. The Presidium also presented the Convention’s plenary session with its draft articles on the finances of the European Union (articles 38-40 of the first part of the Constitution). The current provisions of the Treaty are reconfirmed: the EU budget will, in conformity to them, be entirely financed by its own resources (art. 38); art. 39 on the financial and budgetary principles is also adopted from the existing Treaty. As regards the procedures for the adoption of the EU budget (art. 40), no consensus has yet been reached in the Convention: pending the proposals of an ad hoc ‘circle of reflection’ set up on the mandate of the Presidium, the draft presented to the Convention recycles the existing procedure and thus maintains joint decision-making by the Council and by the EP on the basis of a proposal formulated by the Commission. Tasks and legislative simplification. The 18th plenary session of the Convention was also an occasion to debate the articles dedicated to the tasks of the EU and the simplification of its legislative procedure; the draft of these articles was submitted to the assembly three weeks ago. Vice-President Giuliano Amato emphasized that the debate within the Convention had revealed “wide convergences” on the exercise of the Union’s tasks: the 237 amendments presented to the draft of articles 24-33 confirm the general line expressed by the Presidium, according to which the EU institutions ought to deal with framework duties, delegating to the national and local governments the implementation of the provisions that have specific relevance for territorial autonomies. The plenary session, lastly, expressed a favourable view on the scheme for legislative simplification (laws, framework laws, decisions, recommendations, opinions) proposed by the Presidium.
