Following the impasse created by the “no” vote of the French and Dutch citizens to the Constitutional treaty, we have now come to a point where the reality of a new Treaty for the European Union is looming closer. Last weekend’s lengthy negotiations were the culmination of much effort that has been channelled to finally reach a consensus.

Most of the developments must have already been relayed through the various media. It would nonetheless be noteworthy to take stock of the points that have been agreed upon. National parliaments’ role shall be further strengthened, not only through the direct channel used to pass on the European Commission’s legislative proposals, but also by now being afforded more time to examine the relevant documentation. The opinions expressed will also feature during the usual procedure used to adopt legislative measures. Emphasis on subsidiarity has also been reaffirmed, and national parliaments will be notified of any application for accession to the European Union.

A reference to the Charter on Fundamental Rights will be included, thus giving the charter a legally-binding value, although an exception will be made in respect of the United Kingdom. Reportedly, other member states are also considering to opt out of certain clauses.

The European institutions are set for some adjustments to take into account the union’s reality – 27 member states with more scope to increase and a need to have a stronger voice in the world. The voting system within the Council, a contentious subject in the latter stages of the negotiations, is set to be based on a double majority system wherein votes in favour would have to amount to 55 per cent of member states and 65 per cent of the EU population.

Given the difficulties posed by Poland, a compromise has been reached that would entail the system being activated only in 2014; in any case, a member state would have the possibility to invoke the current Treaty of Nice and demand postponement of a decision to 2017 – providing almost a decade for an adjustment period until the new system fully comes into play. Other clauses relating to what shall constitute a blocking minority shall also apply. The possibility of enhanced cooperation, if supported by at least nine member states, is also provided for.

Other changes expected within the EU’s institutions include a new composition of the European Parliament (which also involves Malta’s sixth MEP seat), establishing the office of a president within the European Council and ensuing changes to the current practice of rotating presidencies every six months, a new composition for the European Commission (which shall also mean reducing the number of commissioners), and establishing a High Representative that will represent the union on foreign affairs and security policy.

Aspects that take into account the political and ecological environment within which the EU operates are also included. Reference to combating climate change and serious cross-border threats to health are made. Concerns on energy are being addressed through a so-called solidarity clause wherein energy is specifically mentioned in the case of severe difficulties to procure supply of certain products.

The final provisions shall also deal with legal personality of the union, voluntary withdrawal and a clear reference that treaties may be revised to increase or reduce the competences afforded to the union.

The next steps to be taken will be the intergovernmental conference to meet by the end of July and the finalisation of the text by the end of 2007. This means that more changes could actually take place. The target date for ratification by all member states has been set for mid-2009, in time for the European Parliamentary elections.

Portugal shall be taking over the EU presidency next week. Their plans indicate that we should be witnessing a renewed interest in the Mediterranean and the African continent, besides the constant drive to attain the objectives of the Lisbon agenda. This should augur well for our country, also given Malta’s stated objective to initiate and deepen dialogue with the Arab world and our long-held focus on the Mediterranean region.

Further information may be obtained from Forum Malta fl-Ewropa on tel.: 2590-9101 or by sending an email to: [email protected].

Julian Micallef is

Civil Society Coordinator, “Forum Malta fl-Ewropa”