Borg lauds draft of EU constitution

Foreign Minister Joe Borg has described the latest draft of the European Union constitution as an "extremely positive" step in the right direction.

The European Convention finalised the main part of the draft constitution a few days ago. It will now be submitted to the EU leaders at their Thessaloniki European Council in Greece on Friday, in which Prime Minister Eddie Fenech Adami and Dr Borg take part.

Next month, the convention will continue its work on Parts III and IV of the draft constitution, covering EU policies.

The final draft is to be submitted to the incoming Italian Presidency on July 18.

The final text will then be negotiated and adopted by the member states at an Intergovernmental Conference, due to be launched at the European Council in Rome in October and finished in March 2004.

Dr Borg said the government was considering taking up certain issues at the IGC, such as the controversial threshold of four members as a minimum for representation in the European Parliament.

He admitted that the draft available until a few weeks ago was perceived as rather negative, adding that since then all sides have converged.

"The developments which unfolded over the past weeks were crucial. From a government point of view, we believe the draft constitution is moving in the right direction. Obviously, there are still pending issues of a sensitive nature but our reading is much more positive than it was a few weeks ago."

For instance, Dr Borg praised the chapter dealing with fundamental human rights, which will now form an integral part of the constitution.

"There are also other aspects including changes related to the decision-making process within the EU, aimed at making all the institutions more efficient.

"By and large the government believes that the exercise carried out by the Convention for the Future of Europe is extremely positive because it looks towards the future and also caters for the implications of the biggest enlargement which will shortly be taking place in the EU."

Dr Borg said it would be impossible for the EU to move forward with its existing structures.

"The final text of the EU constitution is very close to a good blend between the needs and special circumstances of small member states and the new reality of a Union made up of 25 member states. The structures and administrative set-up will need to remain efficient and effective."

On the representation of small countries in the institutions, Dr Borg said that by and large, the position adopted in the final draft was acceptable to the government.

"However, there are still some points which we intend to go into and possibly take up during the Intergovernmental Conference, for instance, the threshold of the number of MEPs.

"The position is that until 2009 we will have five MEPs, but, unless this is changed in the IGC, the minimum threshold will be of four MEPs after 2009, although this does not necessarily mean that we would have one less MEP.

"It could be that the EU is catering for future membership of smaller countries. Obviously we have to clarify these issues."

On the issue of the number of commissioners, Dr Borg said there was no apparent discrimination: "The proposal is to have 15 commissioners with a vote, forming the college of commissioners. The remaining commissioners will have no vote and portfolio but will be assigned specific tasks.

"There is a proviso that the posts will rotate equally between member states to ensure that there will be no discrimination. This will put us in the same position as any other member state and therefore we do not object to this."

On the issue of a long-term presidency, Dr Borg said that the smaller countries, including Malta, objected to the initial proposals. "However, since then it has been clarified that the president of the council will take the role of a chairman rather than that of a president and that there will be different council formations presided by different member states.

"The proposal is for the setting up of a number of councils which will be presided by team presidencies made up of a number of countries. In reality, this could turn out to be as good - if not better - than holding the presidency for six months every 12 years. Through this proposal, it could mean that Malta will have the presidency of a number of councils within a shorter span of time."

The following are key elements of the new EU Constitution as proposed by the Convention:

¤ The Preamble refers to the cultural, religious and humanist inheritance of Europe.

¤ The EU will have a single legal personality, allowing it to sign international treaties.

¤ The European Parliament's size shall not exceed 732 members.

¤ Representation of European citizens shall be degressively proportional, with a minimum threshold of four members per member state.

¤ The European Council shall elect its president for up to five years (two possible mandates of 2.5 years) to chair summits and drive forward its work. The president will replace the present six-month rotating presidency.

¤ The presidency of Council formations, other than that of Foreign Affairs, shall be held by member states on the basis of equal rotation for periods of at least a year.

¤ From 2009 onward, the Commission shall consist of its president, the minister for foreign affairs/vice-president and 13 commissioners selected on the basis of a system of equal rotation between the member states. The Commission president shall appoint non-voting commissioners coming from all other member states. Until 2009, every member state will have one commissioner.

¤ A new minister for foreign affairs shall conduct the Union's common foreign and defence policy, sitting in the Commission with access to its resources but answerable to member states. He/she will be appointed by the European Council with approval from the Commission.

¤ Member States may create, by unanimous decision, a European public prosecutor to combat cross-border crime and terrorism.

¤ Most decisions will be taken by majority vote. The European Parliament's role in decision-making will be nearly doubled.

¤ National veto will be preserved in a few politically sensitive areas, such as taxation and foreign policy.

¤ From 2009, decisions will be taken by double majority, representing at least half of the member states and 60 per cent of the Union's total population. Until 2009, the complicated Nice Treaty rules will apply.

¤ Under a new solidarity clause, member states will provide mutual assistance in case of terrorist attack.

¤ Member states will be able to subscribe to a mutual defence clause.

¤ Members of the Economic and Monetary Union will be able to set their own economic policy guidelines and enforce eurozone rules, without involvement from non-euro countries.

¤ Introduction of a referendum: a minimum of one million EU citizens will have the right to demand that the Commission submit a proposal on matters on which they believe the Union should act.

¤ A new exit clause will allow member states to leave the Union.