eu4journalists

Quick guide to the EU

3. Into the future

The engine room – The Commission

The European Commission does a lot of the day-to-day work in the European Union. It drafts proposals for new European laws, which it presents to the European Parliament and the Council. It makes sure that EU decisions are properly implemented and supervises the way EU funds are spent. It also ensures that everyone abides by European treaties and law.

The Commission of 27 member states consists of 26 Commissioners plus the President who are responsible for a diverse range of portfolios, such as enterprise and industry, transport, institutional relations and communication strategy, agricultural and rural development, and more. They are each assisted by a cabinet (private office) and a department (or Directorate-General) of officials, most of whom are based in Brussels.

The President, currently José Manuel Barroso, is chosen by the governments of the EU member states, and must be approved by the European Parliament. The Commissioners are nominated by the member governments in consultation with the incoming president but must also be accepted by Parliament as a team. The Commission is appointed for a five-year term, but can be dismissed by Parliament at any time. The Commission acts independently of the member state governments.

The Commission can be seen as the motor or the engine room keeping the EU running, making new proposals and defending the Union’s interests – as opposed to the interests of any single member state. The President of the Commission acts as the chief engineer, working to provide forward movement for the EU and to give a sense of direction both to his fellow Commissioners and to the Commission as a whole. The President also represents the European Commission in meetings of the European Council, in dealings with other EU institutions and the rest of the world.

The new Lisbon Treaty provides for one Commissioner from each of the 27 EU countries. Barroso’s team for 2010-2014 features several familiar faces, including Olli Rehn, Joaquín Almunia and Viviane Reding, each of whom take on new portfolios.

One major innovation is the new, dual role of High Representative for Foreign Affairs and Security Policy and Vice-President of the Commission. Catherine Ashton (GB) took on the role of foreign policy chief on 1 December 2009.

Another key innovation is the public right to petition: the European Citizens’ Initiative (see new dossier). Now one million EU citizens from a third of EU states can call on the Commission to draft legislation in areas where it has authority. Petitions can be submitted either online or on paper.

Enlargement – Deeper, wider, more stable Europe

The European Commission works to ensure that enlargement remains one of the EU’s most powerful tools, which extends the zone of peace and stability, liberty and democracy, prosperity and solidarity across Europe. The objectives and challenges of the enlargement process need to be well communicated to citizens and the EU’s commitments on enlargement consolidated. The Commission also stresses that the strict accession criteria for candidate countries have to be respected.

New members may be admitted to the Union – a process described as ‘enlargement’ – providing they meet certain conditions. Joining the EU begins with a country applying for membership. Once current member states, together with the Commission and Parliament, accept an applicant as a potential member state in principle, it becomes a ‘candidate country’. The candidate country then enters into detailed negotiations with the Commission on its terms of membership.

In essence, to become a member of the EU, a candidate country must meet the ‘Copenhagen criteria’ which means it has to adopt the entire body of existing EU legislation (known as the acquis communautaire) into its own legal system and show evidence of being a stable and well-functioning democracy and economy. Once negotiations are completed, an accession treaty has to be ratified in each current member state and in the candidate country itself. In many cases, new members have chosen to hold a referendum as part of the ratification process.

Until May 2004 there were 15 EU member states with a total of 375 million citizens. Ten more countries, mainly from central and eastern Europe, joined the EU in 2004. Bulgaria and Romania joined in 2007, bringing the EU’s total population to nearly 500 million.

Croatia is set to become a full EU member by 2012. Iceland, Macedonia (FYROM), Montenegro and Turkey are also candidate countries and should join when all the conditions for membership are met; that could be within the decade according to some analysts.

The EU provides substantial financial assistance and advice to help the candidate countries prepare themselves for membership; the Commission’s Enlargement DG is responsible for the candidate countries.

Focus on the Lisbon Treaty

Now that it has expanded to 27 countries, and potentially more, the EU needs a more streamlined and efficient decision-making system. But the arrangements must be fair to all member states, old and new, large and small.

Each EU country has a certain number of votes it can cast when the Council of Ministers makes decisions. The people of each country also elect a certain number of members to the European Parliament. Traditionally, these numbers roughly reflect the relative size of the country’s population.

On 29 October 2004, the heads of state or government and the foreign ministers of 25 member states and three candidate countries, Romania, Bulgaria and Turkey, met in Rome to sign the Treaty Establishing a Constitution for Europe. The ratification process of the treaty, however, ran into difficulties, when French and Dutch citizens rejected it in referenda in 2005. This sparked greater reflection: how to take forward European integration in a manner that lets citizens, civil society, social partners, national parliaments and political parties all participate in the process and feel that their views are heard?

The fate of the constitution was actively discussed during the German presidency in 2007, after which the period of reflection was declared over. By March, the 50th anniversary of the Treaties of Rome, the Berlin Declaration was adopted by all member states, outlining the intention of all member states to agree on a new treaty. At the European Council held in June, 2007, in Brussels, the 27 heads of state and governments agreed on the outlines of the new Reform Treaty to replace the rejected Constitution.

The final text of the Treaty was approved during the informal European Council in Lisbon on 17-18 October, 2007. The official signing ceremony took place in Lisbon on 13 December 2007. It was hoped that after ratification in the member states, the Reform Treaty would be in force by the time of the European parliamentary elections in June 2009.

Dublin to Prague

Most member states started to deal with the ratification in national parliaments. However, Ireland was the only EU country to require that the Lisbon Treaty be ratified through a nationwide referendum. In the June 2008 referendum, Ireland rejected the Treaty, throwing the EU institutional deal into doubt.

However, in December 2008, the French EU presidency negotiated a deal to address the concerns of Irish voters, as set out by the Taoiseach (Prime Minister). These included the potential loss of an Irish Commissioner (under a plan to cut the overall number to 15), an extension of EU tax powers, changes to the Common Security and Defence Policy (which could affect its long-term neutrality), and perceived threats to the right to life, education and family (including abortion).

Ireland held a second referendum on the Lisbon Treaty on 2 October 2009, voting yes by a majority of two to one, with a turnout of 59 per cent.

The saga did not end there. President Vaclav Klaus of the Czech Republic suddenly demanded an opt-out from the EU Charter on Fundamental Rights, which is guaranteed by the Lisbon Treaty. He feared the charter would override the Beneš decrees and be used by ethnic Germans or Hungarians to claim former properties on Czech soil.

The situation was further complicated by several Czech senators, who had filed a complaint against the Treaty at the Czech constitutional court. That was rejected in early November. So, having secured his opt-out, Klaus signed the Treaty on 3 November 2009. Hours later, the British Conservative party – widely tipped to win power in 2010 – made a U-turn and ruled out a referendum.

Mediocracy or Meritocracy?

The next logical question was: who would chair the new bloc? Would European nations select a strong leader for a newly energised Europe? Or would premiers demure, promoting a bland diplomat, as some have described Ban Ki-moon?

The answer came on 19 November 2009. Herman Van Rompuy (Belgian centre-right) was elected by qualified majority vote (QMV) as President of the European Council for two and a half years. He is joined by Catherine Ashton (British centre-left), who becomes the new High Representative for Foreign Affairs and Security Policy. She also becomes a Vice President of the European Commission and controls the new European External Action Service.

Ashton has little foreign policy experience and has never been elected. But Van Rompuy has proved a wily mediator between Dutch and French communities in Belgium.

European media were less than inspired by the decision. The question is: did anyone really expect Merkel, Sarkozy et al to choose someone who would overshadow them, in terms of personality, contacts or background? It was always unlikely, but the hype of the new office carried expectations.

Europe: The Chameleon

The EU is a patchwork of national and political interests. It is a chameleon, changing its colours to match its backdrop; and in Greek, chameleon means 'dwarf lion'.

Van Rompuy’s "discreet" leadership and Ashton's "quiet diplomacy" will suit the EU for now. The Lisbon Treaty is ultimately a watered down version of the European Constitution; it is not the end of sovereignty in Europe. Those chosen to lead the EU are perfectly in line with this, but there is still a burden of expectations.

For some, the determination of a quiet man or woman will not be enough. EU premiers need to inspire respect -- i.e. stop the traffic -- if they are to stand on equal terms with Barack Obama and Hilary Clinton, and their counterparts across the world.

Van Rompuy and Ashton now have to shape their new and massive roles. They have to fight the EU's corner on the world arena, on human rights and terrorism, and against rampant nationalism at home. It is up to them to build not only consensus within Europe but also respect for EU values and actions across the globe. To achieve this, they need to think and act as diplomats.

Technical

After a decade of talks, two incarnations, and three negative but not fatal referenda, the Lisbon Treaty entered into force on 1 December 2009. It is designed to make the enlarged Union more democratic and efficient in order to tackle today's global challenges such as climate change, security and sustainable development.

Key institutional innovations and important policy changes of the Lisbon Treaty:

• a Permanent Council President to chair EU summits for a two-and-a-half year renewable terms, instead of the existing six-month rotation;
• a more transparent voting system based on the double majority rule for Council decisions (need for 55 percent of member states and 65 percent of the European Union’s population to support proposed EU legislation to pass by qualified majority). Due to strong Polish opposition, the new voting system will be applied as of 2014;
• the post of a High Representative of the EU for Foreign Affairs and Security Policy replacing the current posts of EU High Representative for Foreign Affairs and the external relations commissioner;
• reducing the number of MEPs to a maximum of 750 (a minimum of six and maximum of 96 per country), and boosting the EP's powers as regards lawmaking, the EU budget and approval of international agreements;
• strengthening national parliaments by giving them the right to challenge European legislation as a reinforced control mechanism for the principle of subsidiarity;
• a single legal personality for the EU;
• an exit clause, making it possible for members to leave the EU;
• an extension of qualified majority voting to 40 policy areas (mainly those relating to asylum, immigration, police cooperation and judicial cooperation in criminal matters;
• reference to new challenges, such as climate change and energy solidarity);
• the Charter of Fundamental Rights becoming legally binding.