Mats Persson (London, OpenEurope): In a comment on a recent OK post about the EU referendum John Palmer writes, "the treaty is not a constitution and does not involve ANY significant change to the use and distribution of UK powers". Such a claim is difficult to sustain. The revised Constitutional Treaty creates a new EU President, and a new EU Foreign Minister. The latter will have an automatic right to speak for the UK in the UN Security Council on issues where the EU has taken a position – a change which the UK opposed during the negotiations. It also creates an EU Diplomatic Service. This will transfer powers to the EU institutions from national governments.
The revised Constitutional Treaty (which OpenEurope has translated) also abolishes at least 60 vetoes, in important areas such as the powers of Europol and Eurojust, energy, transport, employment policy, the European Central Bank’s powers over financial regulation, the appointment of the EU President, and 12 areas of foreign policy. The new voting system would at the same time reduce the UK’s ability to block legislation by 30%. It’s hard to see how this would not represent a cut-back in the UK’s powers, whatever is meant by their "use and distribution".
Despite the UK’s much-vaunted opt-out for criminal justice, it gives the European Court of Justice jurisdiction over this area. Back in 2000 the Government said this move would “raise sensitive issues relating to national sovereignty.” And decisions by the Court are final: there’s no such thing as an opt-out from its rulings. In other words, the Treaty “redistributes” power from Whitehall and Westminster to the EU courts. This is a fundamental change when compared to the present arrangement.
A similar redistribution effect will take place once the controversial Charter of Fundamental Rights become legally binding. As has been admitted by legal experts and politicians across Europe, the controversial Charter will apply to large parts of British laws, despite the Government’s claim it has an opt-out from it.
It is therefore disingenuous to claim that the revised Constitutional Treaty does not change the relationship between the EU and the UK. There may be disagreement over whether handing more power to Brussels is a good or bad thing - but what is clear is that it will mean a significant change in the powers of the member states. To simply claim the opposite does not make it true. Similarly, it is a constitution for Europe in all but name, and we should call a spade a spade.
Moderator: There is a response to this by John Palmer here.
