Katherine Meenan explains how the Convention on the Future of Europe is related to the Nice Treaty and the prospect of another treaty to follow it
The Inter-Governmental Conference at Nice decided on the institutional provisions necessary for enlargement, but it did not deal with some of the more fundamental issues facing the Union. However, the conference at Nice ended with such confusion and bad temper that it was clear the process would have to become broader and more inclusive. So, among the decisions taken was to try a new model and establish a "convention" to consider the key issues facing the Union.
The European Council at Laeken in December 2001 set up the convention. The issues it was asked to deal with are: how to bring the Union closer to it citizens; how the Union could be better organised; how the Union can best play a positive role in a world which has changed dramatically since the end of the Cold War.
The convention is structured to be as widely accessible and transparent as possible. In addition to government representatives, members of national parliaments and members of the European Parliament are part of the convention, and debates take place in public. It has been meeting since last February, under the chair of Mr Valery Giscard d'Estaing the former French president. All the countries who have applied for membership are present.
Work in the convention is organised by the Presidium which effectively acts as the steering committee. Ireland's presence on the Presidium is assured by Mr John Bruton, as a representative of the national parliamentarians and elected by them. The Presidium decides the timing of debates, the subject of debates, the operation, chairing and membership of the working groups.
Based on the brief which was given to it at the Laeken Council, the convention has been having a series of wide debates to arrive at an overall view on: the EU's external action; area of freedom, security and justice: the role of the Union and of member-states; the role of national parliaments in the European scheme of things; efficiency and legitimacy of the EU carrying out its missions; and "What do you expect from the European Union?"
The first phase, February-September, has been called a listening phase. The convention meets in plenary about once a month.
Its outcome is not yet clear. Its brief from the Laeken Council says it will draw up a final document which may comprise either different options, indicating the degree of support which they received, or recommendations if consensus is achieved. Then, together with what is going on in the individual countries (such as the National Forum on Europe in Ireland) the final document will provide a starting point for discussions in the Inter-Governmental Conference, which will take the ultimate decisions.
The main issue now is what format this output should have. Some people are talking of a treaty, others of a constitution. It is argued that the Union needs something like a constitutional treaty, which would lay down the basic objectives, tasks and institutional structure. Then other, implementing, legislation could be put in place to effect whatever is required. Changing the basic text would be a very serious matter, but the implementing legislation could be changed on a more flexible basis. The real concern is to know what is fundamental and what is more short term. The results of the convention will go to another Inter-Governmental Conference, which the Treaty of Nice has already foreseen should take place in 2004 and which will include the new member countries.
A first step will be taken at the end of October. The president of the convention has announced that an outline draft will be presented to members at the end of this month. It will show where the different themes, e.g., internal market, foreign policy and so on will be dealt with, so that the implications of such a consolidation can be reviewed, but the document will not, at this stage, contain specific details. Different policies now have different decision- making procedures - for instance, foreign policy is dealt with among governments, and the Commission and Parliament have a small role.
Once the shape of a real document appears, there will be pressure on all members to ensure that national sensitivities are respected and national interests defended. A considerable effort will be required of the Irish members, representing both the Government and the Oireachtas, If this was to take place in the context of a No vote on Nice, their position would be very difficult.
The work of the convention can be followed on its website .
Katherine Meenan is assistant to Mr John Bruton, of the Convention on the Future of Europe