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House of Lords
Session 2002-03
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European Union Committee Publications

European Union - Forty-First Report

Here you can browse the report which was ordered by the House of Lords to be printed 21 October 2003.


CONTENTS

ABSTRACT

CHAPTER 1: INTRODUCTION

Why are we having yet another European Treaty?

Agreeing a Treaty - the process

The Convention on the Future of Europe

The Thessaloniki European Council

The Convention's work going forward - the IGC

How should we judge the Convention's draft Treaty?

The big question: is the draft Treaty good for Britain?

Another big question: does the draft Treaty do what it is supposed to do?

What this report is; and what it is not

Our work

Our key themes

The need for more detailed analysis

Structure of this report

Terminology

Evidence

CHAPTER 2: DOES A CONSTITUTION IMPLY A EUROPEAN STATE?

What is the draft Treaty about?

What is the EU?

Definition of the Union

Objectives of the Union

Competences

Introduction

The fundamental principles

The division of competences

New competences

Future extension of competence

Qualified Majority Voting (QMV)

Subsidiarity

Exit Clause

Future Treaty revision

Conclusions

CHAPTER 3: WHO WILL BE RUNNING THE EU?

The European Council

President of the European Council

The job description

Arguments for and against the new post

The job title: a president or a chair?

Candidates for the job

Conclusion: the chair should be supported

Procedures in the European Council

The Council of Ministers: a Legislative Council

The operation of QMV in the Council of Ministers

Passerelle - a bridge too far?

The calculation of votes in the Council

Co-Decision - the Legislative procedure

Competences of the European Parliament

Changes to the Commission

The President of the Commission

Number of Commissioners

Other Institutions

The European Court of Justice

The European Central Bank

The Court of Auditors

Overall conclusion: Reforming the institutions - a more effective Union?

CHAPTER 4: TRANSPARENCY, DEMOCRACY AND ACCOUNTABILITY

Introduction

Transparency

The Convention

An open IGC?

What do people make of the Treaty?

Government's duty to inform the UK public

Democracy and accountability

Role of National Parliaments

Democratic life of the Union

CHAPTER 5: THE EU IN ALL OUR LIVES

Introduction

A Bill of Rights? - the Charter

Area of freedom, security and justice

Background

The abolition of the pillars

The role of national parliaments

Border checks, asylum and immigration

Judicial co-operation in criminal matters

Police co-operation

CHAPTER 6: THE EU, A PLAYER ON THE GLOBAL STAGE?

Introduction

Security and Defence

Foreign Policy

Decision-making in foreign and security policy

Relations with International Organisations

Openness and Accountability in the Union's conduct of CFSP

Conclusions

CHAPTER 7: SUMMARY OF CONCLUSIONS

The IGC

The need for analysis of the draft Treaty

Definition and objectives of the Union

Competences

Qualified Majority Voting (QMV)

Subsidiarity

Future Treaty Revision

What is new in the Treaty?

President of the European Council

Legislative Council

Other Council formations

The passerelle

Majority Voting

European Parliament

The Commission

Other Institutions

Institutional change

Transparency

Democracy: National Parliaments and scrutiny

The Charter of Fundamental Rights

Freedom, Security and Justice

Security and Defence

Foreign Policy

Decision-making in foreign and security policy

CFSP-overall conclusions

Recommendation to the House

Appendix 1: Membership European Union Committee

Appendix 2: Minutes of Divisions

Appendix 3: Previous Reports

Appendix 4: Some views from other Member States

Appendix 5: Transcript of oral Evidence taken by Sub-Committee C

Appendix 6: Government Responses:

Ninth Report-The Future of Europe Constitutional Treaty-Draft Articles 1-16

Eleventh Report-The Future of Europe: National Parliaments and Subsidiarity-

The Proposed Protocols

Twelfth Report-The Future of Europe: Constitutional Treaty-Draft Articles 24-33

Fourteenth Report-The Future of Europe: Social Europe

Sixteenth Report-The Future of Europe: Constitutional Treaty-Draft Article and Draft Articles from Part 2 (Freedom, Security and Justice)

Eighteenth Report-The Future of Europe: Constitutional Treaty-

Draft Articles 43-46 (Union membership) and General and Final Provisions

Twenty-First Report-The Future of Europe: Constitutional Draft Treaty-

Draft Articles on the Institutions

Twenty-Second Report-The Future of Europe: Constitutional Treaty-Articles 33-37

(The Democratic Life of the Union)

Thirty-Fifth Report-The Future of Europe: Progress Report on the Draft Constitutional

Treaty and the IGC

ORAL EVIDENCE

Monsieur H Haenel, Président de la Délégation pour l'Union Européenne and Monsieur Laporte, Clerk, French Senate, 24 June 2003

Rt Hon Peter Hain, Leader of the House of Commons, Secretary of State for Wales and the Government's Representative on the Convention, Mr Thomas Drew, Head of the Future of Europe and Institutions Section and Ms Sarah Lyons, Foreign Office, 8 July 2003

WRITTEN EVIDENCE

The Brethren in Britain, Denmark, France, Germany, Holland, Ireland, Italy, Spain and

Sweden

Clifford Chance

Professor Eileen Denza

Rt Hon the Lord Owen CH

Jo Shaw, Professor and Jean Monnet, Chair of European Law, University of Manchester



 
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