An ever closer Union

An ever closer Union

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Commission of the European Communities european perspectives €AN EVER CLOSER UNION A critical analysis of the Draft Treaty establishing the European Union Roland BIEBER Jean-Paul JACQUÉ Joseph H.H.WEILER Preface by Altiero SPINELLI Andrea Pisano: La legislatura. (Florence, Museo Opera del Duomo) © Scala/Firenze List of Contributors Ernst M.H. Hirsch Ballin Luciano Bardi Roland Bieber Peter Brückner Vlad Constantinesco Jan De Meyer David Edward Dimitrios Evrigenis Giorgio Gaja Jacques Genton Jean-Marc Hoscheit Jean-Paul Jacqué Thijmen Koopmans Per Lachmann Robert Lane Carl Otto Lenz Richard McAllister James Modrall J. Ørstrom Møller Gianfranco Pasquino John Pinder John Temple Lang Cécile J.M. Verkleij Joseph H.H. Weiler european perspectives Commission of the European Communities Roland BIEBER Jean-Paul JACQUÉ Joseph H.H. WEILER AN EVER CLOSER UNION A critical analysis of the Draft Treaty establishing the European Union Preface by Altiero SPINELLI COMMISSION OF THE EUROPEAN COMMUNITIES Published in cooperation with the EUROPEAN POLICY UNIT, ïm N UNIVERSITY INSTITUTE, FLORENCE An ever closer Union A critical analysis of the Draft Treaty establishing the European Union Roland BIEBER Jean-Paul JACQUÉ Joseph H. H.

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Commission of the European Communities
european perspectives €
AN EVER
CLOSER UNION
A critical analysis
of the Draft Treaty establishing the European Union
Roland BIEBER
Jean-Paul JACQUÉ
Joseph H.H.WEILER
Preface by
Altiero SPINELLI Andrea Pisano:
La legislatura.
(Florence, Museo
Opera del Duomo)
© Scala/Firenze
List of Contributors
Ernst M.H. Hirsch Ballin
Luciano Bardi
Roland Bieber
Peter Brückner
Vlad Constantinesco
Jan De Meyer
David Edward
Dimitrios Evrigenis
Giorgio Gaja
Jacques Genton
Jean-Marc Hoscheit
Jean-Paul Jacqué
Thijmen Koopmans
Per Lachmann
Robert Lane
Carl Otto Lenz
Richard McAllister
James Modrall
J. Ørstrom Møller
Gianfranco Pasquino
John Pinder
John Temple Lang
Cécile J.M. Verkleij
Joseph H.H. Weiler european perspectives
Commission of the European Communities
Roland BIEBER
Jean-Paul JACQUÉ
Joseph H.H. WEILER
AN EVER CLOSER UNION
A critical analysis
of the Draft Treaty establishing the European Union
Preface by Altiero SPINELLI COMMISSION OF THE EUROPEAN COMMUNITIES
Published in cooperation with the
EUROPEAN POLICY UNIT, ïm N UNIVERSITY INSTITUTE, FLORENCE
An ever closer
Union
A critical analysis of the
Draft Treaty establishing
the European Union
Roland BIEBER
Jean-Paul JACQUÉ
Joseph H. H. WEILER
Preface by Altiero SPINELLI
THE EUROPEAN PERSPECTIVES SERIES
BRUSSELS This publication was prepared outside the Commission of the European Communities and is inten­
ded as a contribution to public debate on the subject of the Draft Treaty establishing the European
Union. It does not necessarily reflect the opinion of the Commission.
This publication is also available in:
DE ISBN 92-825-5219-5
FRN 92-825-5221-7
IT ISBN 92-825-5222-5
Cataloguing data appear at the end of this publication.
The editors wish to express their thanks to Mr James Modrall for his valuable editorial assistance.
Luxembourg: Office for Official Publications of the European Communities, 1985
ISBN 92-825-5220-9
Catalogue number: CB-43-85-345-EN-C
© ECSC-EEC-EAEC, Brussels · Luxembourg, 1985
Printed in the FR of Germany Preface
Thanks to the European Community, our generation has seen the enduring dream of a free, united
Europe beginning to come true. But the very success of the venture is presenting afresh challenge to
the democratic people of Europe.
Membership of the Community has doubled over the years. And the political, economic, cultural
and security problems to be tackled jointly, if Europe is not to be relegated to a minor role on the
international scene, have grown in number and complexity.
Its institutions are intrinsically inadequate. They were improvised rather than planned at the outset
and have deteriorated in two respects in the interval. Firstly, they have become less democratic,
power being concentrated in the hands of a few ministers and senior civil servants accountable to no
one. Secondly, this arrogant oligarchy — epitomized by the protean Council — has become more
impotent with the years, because six, then nine, later ten and now twelve distinct national systems
are incapable of devising the long-term, forward-looking policies that Europe needs, or of providing
the continuity needed for coherent development.
The first directly-elected European Parliament saw the inherent danger of the shortcomings of the
institutions. Drawing on the political authority given it by the people of Europe — the ultimate
source of legitimacy in our democracies — it took it upon itself to draft a Treaty — Constitution of a
genuine European Union and presented it f or ratification by the Member States of the Community.
The European Parliament is not composed of impractical theorists and revolutionaries. On the
contrary, all the political views of the European electorate are represented in its ranks. At the end of
three years of meetings and committed endeavour, the European Parliament has demonstrated that it
is capable of identifying, clearly and coherently, what Europe most needs today.
The vote taken by the European Parliament on 14 February 1984 marked the beginning of a new,
decisive chapter in the history of European integration. Europe's future will depend in no small mea­
sure on the fate of its proposal.
As one who assisted at the birth of the European Parliament's brainchild, 1 would like to take this
opportunity of expressing my appreciation of the constant help and guidance provided by
the European University Institute in Florence, thanks to the cooperation of its President, Werner
Maihofer.
1 welcome in particular that the Draft Treaty on the European Union is examined here in an acade­
mic perspective, which demonstrates the valid contribution of the European University Institute and
its Policy Unit to the discussion on the future of the European integration.
Altiero Spinelli
Rome, May 1985 Contents
Introduction
by Roland Bieber, Jean-Paul Jacqué and Joseph H. H. Weiler
PART ONE - THE SUBSTANCE OF THE DRAFT TREATY
Chapter I — The Draft Treaty, an overview
by Jean-Paul Jacqué 17
Chapter II — The institutions and the decision-making procedure in the Draft Treaty
establishing the European Union
by Roland Bieber 31
Chapter III — Division of fields of competence between the Union and the Member States in the
Draft Treaty establishing the European Union
byVladConstantinesco 4
Chapter IV — The judicial system envisaged in the Draft Treaty
by Thijmen Koopmans 57
Chapter V — Financing European integration: the European Communities and the proposed
European Union
by J. Ørstrom Møller 73
Chapter VI — Economic and social powers of the European Union and the Member States:
subordinate or coordinate relationship?
by John Pinder 10
Chapter VII — Foreign affairs powers and policy in the Draft Treaty establishing the European Union
by Peter Brückner 127
Chapter VIII — The institutionalization process under the Draft Treaty
by Luciano Bardi and Gianfranco Pasquino 141
PART TWO - IMPLEMENTING THE DRAFT TREATY IN THE MEMBER STATES:
CONSTITUTIONAL AND POLITICAL ASPECTS
Chapter I — The creation of the European Union and its relation to the EEC Treaties
by Joseph H.H. Weilerand James Modrall 16
Chapter II — Belgium and the Draft Treaty establishing the European Union
by Jan De Meyer 177
5 Chapter III — The European Parliament's Draft Treaty establishing a European Union —
constitutional and political implications in Denmark
by Per Lachmann 193
Chapter IV — The Draft Treaty establishing the European Union: report on the Federal Republic
of Germany
by Carl Otto Lenz 209
Chapter V — Ratification and implementation of the Draft Treaty establishing the European Union:
constitutional and political implications for France
by Jacques Genton 217
Chapter VI — Greece and the Draft Treaty establishing the European Union
by Dimitrios Evrigenis 237
Chapter VII — The Draft Treaty establishing the European Union and the Member States: Ireland
by John Temple-Lang 241
Chapter VIII — The Draft Treaty establishing the European Union from an Italian viewpoint
by Giorgio Gaja 261
Chapter IX — The Grand Duchy of Luxembourg and the Draft Treaty establishing
the European Union
by Jean-Marc Hoscheit5
Chapter X — The Netherlands and the Draft Treaty establishing the European Union
by Ernst M. H. Hirsch Ballin and Cécile J. M. Verkleij 275
Chapter XI — The Draft Treaty establishing the European Union — report on the United Kingdom
by David Edward, Richard McAllister and Robert Lane 285
ANNEX I —Draft Treaty establishing the European Union 306
ANNEX II — Ad hoc Committee for Institutional Affairs -Report to the European Council 330
Contributors to this volume 343