Thursday 1 November 2007

Limiting EU competences - not a “superstate”

Constitutional Treaty in blue
Reform Treaty in red

15. It would guarantee that the Union will never be a centralised all-powerful ‘superstate’ by laying down:
(a) the obligation to “respect the national identities of member states, inherent in their fundamental structures, political and constitutional”;
(b) the principle of conferred powers (whereby the Union has only those competencies bestowed on it by the member states);
(c) the principles of subsidiarity and proportionality, limiting EU action to the minimum necessary to achieve the objectives agreed by member states;
(d) the participation of member states themselves in the decision taking system of the Union;
(e) the principle of “unity with diversity”.

CONFIRMED

16. It would merge the confusingly overlapping “European Community” and “European Union” into a single legal entity and structure.

UNCHANGED

17. It would provide a clear definition of the field of competence of the EU, without conferring any new fields of responsibility upon it.

REINFORCED. In fact, an additional declaration has been added to emphasise the limitations on the EU’s competences.

18. It would replace the complex and overlapping set of EU treaties with a single document spelling out clearly the powers of the EU and their limits.

CHANGED. Scrapped in favour of an “amending treaty”, in the same format and style as previous treaties such as Maastricht, Amsterdam and Nice.

19. It would simplify EU instruments and their terminology, replacing jargon with more easily understandable terms (EU regulations become “EU laws”, EU directives become “EU framework laws”, and so on).

CHANGED. The old terminology is retained.

20. It would maintain the EU’s tough and effective powers over competition policy.

UNCHANGED. A new protocol to the treaty makes clear that the change in the wording of the preamble does not affect the existing policies, case law nor operational methods of EU competition policy.

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