Q&A: The EU Constitution

Why was the Constitution drawn up?
The decision to draw up a new treaty for the European Union was taken at a summit of EU leaders in Laeken Belgium in 2001. The main idea was to try and bring the EU closer to its citizens. After a series of treaties which culminated in the Treaties of Maastricht (1992), Amsterdam (1997) and Nice (2000), it had become clear that not only was Europe becoming more opaque for its citizens, it was also going to be extremely hard to run with the current institutional arrangements after enlargement to 25 member states.

The Convention on the Future of Europe with representatives from 28 countries grappled for over a year with the problems of maintaining the balance between member states and the EU; making the EU more transparent; and making it work. The result - a 465-article Constitution for Europe - is long and complicated.

However, it introduces important changes to the institutions and does tidy up the existing treaties and the system of law making. EU leaders have committed themselves to agreeing it by 18 June.

Will it change my life?
It probably will not have an immediate effect on voters' life.

However, Europe may become more apparent to citizens national parliaments are given some more say on European legislation - in that they can hold a yellow card up to proposed EU law. Similarly, the high-profile long-term jobs of the EU foreign minister and chair of the European Council may also make Europe more tangible.

Will the EU be more democratic?
The Constitution makes some steps towards making the EU and its institutions more democratic. For a start the European Parliament gets the right to co-legislate in all areas of legislation that are subject to qualified majority voting in the council of ministers.

Also, the European assembly will have a say in the election of the Commission President - the draft commits EU leaders to "take into account" the results of the European elections when choosing a new leader for the EU executive. However, this is only a minor improvement and will only go some way to giving the Commission President the democratic legitimacy needed.

Similarly, a new article on participatory democracy has been drawn up which suggests that if one million citizens from a "significant" number of states sign a petition, then they can ask the Commission to submit a legislative proposal on its subject matter.

It also allows for more involvement by national parliament whereby 1/3 of national parliaments could demand a review of a commission proposal if it breaches the subsidiarity principle (which states the Union only takes action when it is more effective than action taken at the national or local level). However, they cannot veto it - but they may ask the European Court of Justice to rule on whether legislation has breached the subsidiarity principle.

What are the main sticking points?
The figure varies but generally it is said that about 90% of the draft Constitution has already been agreed. The main sticking points are the new voting system, the number of commissioners, and the minimum threshold of seats in the European Parliament.

Other points of contention include whether the European Parliament should have a final say on the EU budget. The draft constitution says it should, but member states towards the end of last year looked like they were having second thoughts.

Another controversial issue is whether to put a reference to Europe's Christian heritage into the text - at the moment there is no mention.

What are the main institutional changes?
New EU foreign minister
One of the biggest changes is a proposal for a new foreign minister. This person would combine the jobs of the external relations commissioner and the EU's High Representative. Currently occupied by Chris Patten and Javier Solana, the two men constantly tip toe around each other in their overlapping areas. The new person would be a member of the European Commission but the draft Constitution makes clear that he or she would be answerable to the member states. They would also have the back-up of an EU diplomatic service.

Permanent president of the European council
Instead of the current system of rotating the presidency between member states every six months, a permanent European Council chair will instead take office for a period of up to five years. This person's job is to "drive forward" the work of the EU and be its external representation.

There are some concerns about how this person would interact with the European Commission President as well as the new foreign minister, particularly if they are a strong personality. It could mean that the European Commission is weakened as the European Council - and therefore member states - become more significant.

Are there still member state vetoes?
There are still vetoes in the draft Constitution. These are in the areas of tax, foreign policy and social security issues.

What about asylum and immigration?
The Constitution proposes some changes in the area of justice and home affairs. The draft extends qualified majority voting to most aspects of asylum and migration policies. The exception is that EU governments can still decide for themselves the number and type of visas they issue - rather than having an EU quota.

There is also a provision for setting up a European Public Prosecutor - but due to fierce resistance particularly from Nordic countries - unanimity is required for this. There is narrow scope for harmonising national definitions of certain cross-border crimes and for laying down minimum standards for court procedures and use of evidence. However, this is and remains an extremely controversial issue as countries like Ireland and the UK, which have a common law system, would like the veto to stay in place.

How will the Union's policies change?
For the first time, this Treaty clearly states that the EU derives its power from the member states. It also clearly lists where the EU has exclusive competence, shared competence and supporting or complementary powers. It has exclusive competence in monetary policy for euro member states, common commercial policy, customs union and the conservation of marine biological resources under the fisheries policy. The treaty also states for the first time that EU law has primacy over national law.

What will the new voting system look like?
The proposed new voting system is fundamentally different to the current one. To be introduced in 2009, it is based on the so-called double majority principle of number of states and population. It proposes that decisions be taken when supported by 50% of member states representing 60% of the population. But this system favours larger member states - France, Germany and the UK - who can block decisions they do not like.

Medium-sized states, who stand to lose most from the new system, have been very slow to accept the new system.

How many commissioners will there be in the future
Also to be introduced in 2009, the treaty proposes that each member state continues to have a commissioner - but only fifteen of them shall have voting powers. This controversial proposal, which would basically create a two-tier commission, continues to be opposed by small member states.

Is there a mutual defence clause?
Defence is also a key area in which there will be substantial change. Under the new Treaty, member states will be able to undertake "structured co-operation" in the area of defence. Member states may also decide to partake in a mutual defence clause. "Under this co-operation, if one of the member states participating in such co-operation is the victim of armed aggression on its territory, the other participating states shall give it aid or assistance by all the means in their power military or other…".

One important step has been taken since the Convention finished its work. EU member states generally agreed a Franco-UK-German proposal at a meeting in November in Naples last year that the EU should have a small military planning capability to enable it to take on operations independently of NATO.

Can member states leave the Union?
For the first time in the Union’s history, there will be an escape clause for countries that want to leave the Union. This reflects the practical difficulties of a growing Union which will eventually have over 30 member states. It is a complicated legal process to leave.

How will the Constitution be ratified?
Assuming the document is signed at the 17-18 June Summit, the text will have to go through the ratification procedure in each of the 25 member states.

The Constitution states that if 4/5 of member states have ratified the text after two years, and some states still have not, then EU leaders will discuss the matter.