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The Revision of the European Treaties: the Convention Moment

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The Revision of the European Treaties: the Convention Moment t Gaëtane RICARD-NIHOUL Secretary General of Notre She is the author of the Europe. She holds a degree in Notre Europe Study « The political science and public French ‘no’ vote of 29 May: administration from the understanding, action » University of Liège and an MPHIL published in October 2005 and a DPHIL in European politics and the Policy Brief «The and society from Oxford Constitutional Treaty and the University. Her research focused June Summit: a way forward?» The revision of the European on policy formation in the published in June 2007. European Union, and more particularly on education policy. treaties: the Convention moment Six arguments for its continuation, six proposals for its reform VISIONS OF EUROPE The revision of the European treaties: the Convention Gaëtane RICARD-NIHOUL moment: Six arguments for its continuation, six proposal for its reform On the basis of the contributions of a working group including : Hervé Bribosia, Alain Dauvergne, Renaud Dehousse, Florence The new Lisbon Treaty provides for the Convention approach to become the “ordinary” Deloche-Gaudez, Clemens Ladenburger, Elise Launay- procedure for any significant revision of the European treaties. But will EU Member Rencki, Lukas Macek, Peter Norman, Alessandra Schiavo. States be willing to go down the Convention route again after their two previous experiences with the Convention on the Charter of Fundamental Rights and the one leading to the Draft Constitutional Treaty? In this Policy Paper, Notre Europe makes a stand in favour of the Convention approach on the grounds that it represents a fundamental stage towards the democratisation of the Treaty revision process as well as presenting numerous advantages by comparison with classical Intergovernmental Conferences. Taking into account the criticisms that were levelled at the Convention, this paper also opens avenues towards the improvement of its operation be it in terms of democracy or efficiency. A panel of experts brought together by Notre Europe sets forth recommendations designed to deepen the thinking behind the revisions of the founding EU texts. These are momentous for the Union as those texts underpin the European project it aims to nurture at the dawn of this 21st Century. www.notre-europe.eu e-mail : [email protected] Policy 31 Paper Policy The revision of the European 31 treaties: the Convention moment paper Six arguments for its continuation, six proposals for its reform by Gaëtane Ricard-Nihoul On the basis of the contributions of a working group including : Hervé Bribosia, Alain Dauvergne, Renaud Dehousse, Florence Deloche-Gaudez, Clemens Ladenburger, Elise Launay-Rencki, Lukas Macek, Peter Norman, Alessandra Schiavo. Policy 31 paper GAËTANE RICARD-NIHOUL GAËTANE RICARD-NIHOUL HOLDS A DEGREE IN POLITICAL SCIENCE AND PUBLIC ADMINISTRATION FROM THE UNIVERSITY OF LIÈGE AND AN MPHIL AND A DPHIL IN EUROPEAN POLITICS AND SOCIETY FROM OXFORD UNIVERSITY. HER RESEARCH FOCUSED ON POLICY FORMATION IN THE EUROPEAN UNION, AND MORE Notre Europe PARTICULARLY ON EDUCATION POLICY. FROM 1999 TO 2002, SHE WAS IN CHARGE OF THE TEAM FOR «EUROPEAN AND INTERNATIONAL AFFAIRS», IN THE CABINET OF THE BELGIAN VICE-PRIME MINISTER ISABELLE DURANT, ALSO MINISTER FOR MOBILITY AND TRANSPORT. SHE ACTED, AMONG OTHER THINGS, AS A COORDINATOR DURING THE BELGIAN PRESIDENCY OF THE Notre Europe is an independent think tank devoted to European integration. EU COUNCIL. AS AN ADVISER FOR INSTITUTIONAL MATTERS, SHE REPRESENTED THE VICE-PRIME MINISTER Under the guidance of Jacques Delors, who created Notre Europe in 1996, IN THE BELGIAN DELEGATION AT THE WTO MINISTERIAL CONFERENCE IN SEATTLE AND ALSO IN THE INTER- the association aims to “think a united Europe”. GOVERNMENTAL CONFERENCE, TAKING PART IN THE BIARRITZ, NICE AND LAEKEN EUROPEAN COUNCILS. SHE Our ambition is to contribute to the current public debate by producing WAS ALSO A MEMBER OF THE BELGIAN GOVERNMENT WORKING GROUP ON THE LAEKEN DECLARATION. analyses and pertinent policy proposals that strive for a closer union of GAËTANE RICARD-NIHOUL THEN JOINED THE EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR the peoples of Europe. We are equally devoted to promoting the active EDUCATION AND CULTURE, IN THE AUDIOVISUAL POLICY UNIT. EMPLOYED IN THE SECTOR FOR EXTERNAL engagement of citizens and civil society in the process of community RELATIONS, SHE WAS IN CHARGE OF THE ACCESSION NEGOCIATIONS WITH THE 13 APPLICANT COUNTRIES FOR construction and the creation of a European public space. AUDIOVISUAL MATTERS AS WELL AS THE RELATIONS WITH COUNTRIES FROM THE WESTERN BALKANS AND SOUTH MEDITERRANEA. SHE ALSO ASSUMED THE COORDINATION OF AN INTERSERVICE GROUP ON INTERCULTURAL In this vein, the staff of Notre Europe directs research projects; produces DIALOGUE AND FOLLOWED THE WORK OF THE CONVENTION ON CULTURE. IN APRIL 2004, SHE JOINED NOTRE and disseminates analyses in the form of short notes, studies, and articles; EUROPE, FIRST AS PRESIDENT ADVISER, THEN AS SECRETARY GENERAL. and organises public debates and seminars. Its analyses and proposals GAËTANE RICARD-NIHOUL IS MARRIED WITH ONE CHILD. SHE WAS BORN ON MAY 29TH 1972 IN LIEGE are concentrated around four themes: (BELGIUM). • Visions of Europe: The community method, the enlargement and deepening of the EU and the European project as a whole are a work in constant progress. Notre Europe provides in-depth analysis and proposals The author wishes to thank Lord Kerr for the interview he kindly granted that help find a path through the multitude of Europe’s possible futures. her as well as Aurélien Hassin and Helder Constantino for their precious • European Democracy in Action: Democracy is an everyday priority. Notre support in the development of this project. Europe believes that European integration is a matter for every citizen, THE REVISION OF THE EUROPEAN TREATIES: THE CONVENTION MOMENT THE REVISION OF THE EUROPEAN TREATIES: THE CONVENTION MOMENT Policy 31 paper actor of civil society and level of authority within the Union. Notre Europe therefore seeks to identify and promote ways of further democratising European governance. • Cooperation, Competition, Solidarity: « Competition that stimulates, co- operation that strengthens, and solidarity that unites ». This, in essence, is the European contract as defined by Jacques Delors. True to this approach, Notre Europe explores and promotes innovative solutions in the fields of economic, social and sustainable development policy. • Europe and World Governance: As an original model of governance in an increasingly open world, the European Union has a role to play on the Summary international scene and in matters of world governance. Notre Europe seeks to help define this role. The proposed solutions towards pulling through the European crisis caused by the French and Dutch rejections of the Constitutional Treaty focussed on the Treaty provisions which were to be upheld. They never, or very seldom, addressed the issue of the method that should be used to organise this new negotiation. Yet the citizens’ disenchantment with the European project, observable from the early nineties, requires recognition of the necessity to associate those citizens to European decision making, and in particular to the revision of such founding acts as the European Treaties. Notre Europe aims for complete freedom of thought and works in the spirit of the public good. It is for this reason that all of Notre Europe’s publications The Convention approach, warts and all, was an essential step towards the are available for free from our website, in both French and English: www.notre- democratisation of the Treaties’ revision process. Whilst the Lisbon Treaty europe.eu. Its Presidents have been successively, Jacques Delors (1996-2004), provides for it to become standard procedure for the reform of all signifi- Pascal Lamy (2004-05), and Tommaso Padoa-Schioppa (since November cant treaties, its implementation remains in doubt, tributary to Heads of 2005). State and Government’s say-so. Accordingly, this paper has two aims: on the one hand, it will promote the Convention model, asserting its advan- THE REVISION OF THE EUROPEAN TREATIES: THE CONVENTION MOMENT THE REVISION OF THE EUROPEAN TREATIES: THE CONVENTION MOMENT Policy 31 Paper tages over the time-honoured Intergovernmental Conferences and, on the mandate and work schedule; setting up mechanisms genuinely suited to other hand, set forth solutions to improve its operations both in terms of exchanges with civil society and citizens’ involvement on a local as well democracy and efficiency. as a European scale. This text concludes with a very practical proposal: the convocation of a Convention on EU policies after the 2009 European Far from being an accident in the history of European integration, the elections. Convention is indeed one of its achievements, a crucial stage in the bringing together of Europe’s elites and citizens. Its pragmatic model reflects the double legitimacy of a Union of States and citizens. Thus, the Convention, which yielded the Charter of Fundamental Rights and the Constitutional Treaty turned out to be a body rich in its cleavages, conductive to fruitful debates, open to the public, the media and civil society. It ran effective deliberations and arrived at a consensual result, lifting constitutional blockages which had held back Community dynamics for years. However, the Convention model has been through only two runs, under very different mandates. It was the butt of a number of criticisms, some of which were justified.
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