23June
What's been agreed? A full-time president of the European Council; a new foreign affairs High Representative who can only operate where all 27 foreign ministers agree, and without reference to (or interference from) the European Court; a reduction in national veto areas, particularly on justice; more powers for the European Parliament, which resolved the main problem presented by the Dutch; clear criteria for new members (next up: Croatia, hoping to enter in 2009); and a slimmed-down European Commission from 2014.
Before negotiations completed, Crooked Timber presented a brief guide to the negotiations at the summit. Germany proposed re-purposing the substantive parts of the European Constitution, including the Charter of Rights and Freedoms. Politicians, particularly in France and the UK, are presenting this as a tidying-up exercise, and reneging on their previous referendum commitments. The actual result is a bundle of amendments, mostly to the Nice (2000) and Maastricht (1992) treaties. It's not a new treaty, it doesn't need formal ratification by all the various national parliaments. Ireland will have to hold a referendum, Denmark and the Netherlands might, the other governments reckon that it's not necessary.
There was a dispute over how voting weighted by population should work - Germany proposed a one person, one vote; Poland feared that it would be squeezed out of such a system and proposed one based on the square root of a country's population. The ruling twins made a tremendous diplomatic gaffe, by saying their population would be much higher if someone hadn't invaded almost seventy years ago. Don't mention the war! said everyone, to which the Polish negotiators replied, Why not? You started it, you invaded Poland! The final result is a classic European fudge: the original proposals will come into effect, but they will be delayed until 2014. That, apparently, was enough for the Poles.
The ex-Constitution proposed an opportunity for each national parliament to debate and possibly block ideas. There were also proposals for the European Parliament to take a role in justice and internal matters. The latter proposal has survived, but the British were particularly prejudiced against this idea, presumably because it would reduce the voice given to their Minister of Funk. In the event, the European Parliament got those additional powers; detailed negotiations will reveal just how much extra power is allowed to the national parliaments. The British insisted that they may reserve powers on Justice and Funk on a case-by-case basis; this narrow party politicking has proven acceptable to the others.
What's in the European Charter of Rights and Freedoms that so offends prochain ancien British prime minister Mister Tony Blair? Plenty. Again, the British have insisted upon their right to torture, pillage, censor, and exploit; nothing in the Charter will be justiciable in British domestic courts, and it'll be back to Strasbourg for everyone. At least the TGV-Est has halved the travel time since the early 1990s.
The summit this week has been to work out a framework for negotiation. Detailed drafting of the amending treaty begins in earnest now, and it's scheduled to be signed before the end of the year. Unless stated otherwise, changes will come into effect in around two years' time.
