The latest version of the draft constitutional treaty for the European Union unveiled in Brussels yesterday sets out the aims of the EU, the areas where the nation states have sole powers, and the areas where the EU should act together.The key proposals are:
Establishment of the union: "Reflecting the will of the citizens and states of Europe to build a common future, this constitution establishes the European Union, on which the member states confer competences to attain objectives they have in common. The Union shall coordinate the policies by which the member states aim to achieve these objectives, and shall exercise in the Community way the competence they confer on it."
The EU's values: "The Union is founded on the values of respect for human dignity, liberty, democracy, the rule of law and respect for human rights. These values are common to the member states in a society of pluralism, tolerance, justice, equality, solidarity and non-discrimination."
The EU's objectives: "The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and a single market where competition is free and undistorted."
Relations between the EU and the member states: "The Union shall respect the national identities of its member states... including for regional and local self government. It shall respect their essential state functions, including for ensuring the territorial integrity of the state, and for maintaining law and order and safeguarding internal security".
EU powers: "The Union shall have legal personality... The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights, which constitutes the second part of this constitution. (This gives legal force to the charter which sets out human rights and freedoms, including in social policy).
"The constitution, and law adopted by the Union's institutions in exercising competences conferred on it, shall have primacy over the law of the member states.
"The Union shall have competence to coordinate the economic and employment policies of the member states.
"The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defence policy."
Economic policy: "The Union shall adopt measures to ensure coordination of the economic policies of the member states, in particular by adopting broad guidelines for these policies. The member states shall coordinate their economic policies within the Union."
Employment: "The Union shall adopt measures to ensure coordination of the employment policies of the member states, in particular by adopting guidelines for these policies."
Foreign and security policy: "Member states shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the acts adopted by the Union in this area.
"They shall refrain from action contrary to the Union's interests or likely to undermine its effectiveness.
"The EU shall conduct a common foreign and security policy based on the development of mutual political solidarity among member states, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of member states' actions.
"The European Council (meetings of EU leaders) shall identify the Union's strategic interests and determine the objectives of its common foreign and security policy... which shall be put into effect using national and Union resources.
"Before undertaking any action on the international scene or any commitment which could affect the Union's interests, each member state shall consult the others.
"The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capability drawing on assets, civil and military... for missions outside the Union for peacekeeping, conflict prevention and strengthening international security in accordance with the United Nations Charter.
"Closer co-operation shall be established (between member states with the highest military capabilities.) If one member state in such cooperation is the victim of armed aggression on its territory, the other participating states shall give it aid and assistance by all the means in their power, military or other.
"The Common security and defence policy... will lead to a common defence, when the European Council, acting unanimously, so decides."
Freedom, justice and security: "The Union shall constitute an area of freedom, security and justice by operational cooperation between the competent authorities of the member states including the police, customs and other services specialising in the prevention and detection of criminal offences."
An EU president: "The European Council shall elect its president, by qualified majority, for a term of two and a half years, renewable once.
"The person elected must be or have been for at least two years a member of the European Council (ie a prime minister of one of the member states).
"The president of the European Council shall ensure at his level that the Union is effectively represented in the wider world on issues concerning its common foreign and security policy".
The European Commission: "The Commission shall safeguard the general European interest. It shall consist of a president and up to 14 other members. It shall ensure the application of the constitution. Except where the constitution provides otherwise, Union acts can be adopted only on the basis of a commission proposal. The commission... shall be completely independent.
"The Commission president shall be elected by a majority of the European Parliament, voting on a candidate proposed by the European Council. If the candidate fails, the European Council shall within one month put forward a new candidate."
The EU foreign minister: "The European Council, by qualified majority with the agreement of the commission president, shall appoint the Union's foreign minister. He shall conduct the Union's common foreign and security policy.
"The foreign minister shall contribute, by his proposals, to the development of the common foreign policy, which he shall carry out as mandated by the council. The same shall apply to the common security and defence policy.
"The foreign minister shall be one of the vice-presidents of the commission. He shall be responsible for handling external relations and for coordinating other aspects of the Union's external action. In exercising these responsibilities within the commission, and only for these responsibilities, he shall be bound by commission procedures."
The role of national parliaments: "All legislative proposals sent (by the commission) to the European Parliament and the council shall simultaneously be sent to member states' national parliaments.
"National parliaments may send... an opinion on whether a legislative proposal complies with the principle of subsidiarity and proportionality". (The principle that there should be no law-making at EU level which can best be done nationally or regionally)
EU membership: Any member state may decide to withdraw from the EU in accordance with its own constitutional requirements."