EU:European leaders will begin talks on revising the draft EU constitution today at a two-day summit in Brussels that diplomats predict will be a difficult and lengthy meeting.
The negotiations will focus on agreeing a new "reform treaty" to replace the EU constitution, which was rejected by Dutch and French voters in referendums in 2005. The new treaty abandons the term "constitution" and will simply amend two existing EU treaties, according to a draft mandate for the talks obtained by The Irish Times.
This mandate prepared by Germany, the current EU president, also proposes changing the name of the proposed EU foreign minister in the constitution, removing references to EU symbols and boosting the powers of national parliaments to scrutinise EU laws. But after months of talks between diplomats from all 27 member states, there are still up to 15 differences of opinion, including several that are core issues for the Union.
In the lead-up to the summit Poland and Britain have warned that they have "red lines" when it comes to agreeing a new treaty to determine how the EU functions.
For example, Warsaw wants to change the EU voting system, which is delicately balanced in terms of the number of commissioners and MEPs allocated to each state. London has concerns over the Union's increased competence in foreign affairs, the inclusion of the charter of fundamental rights and the loss of national vetoes. The Czech Republic and the Netherlands also want changes to the draft constitution, which was signed by all heads of state in October 2004 but has never come into force.
The mandate for the talks shows that several problems have been addressed, although further compromises will be tabled at the summit. The Dutch, who want to avoid having a new referendum on a treaty, are being offered tougher scrutiny over EU decisions. National parliaments will be offered eight weeks instead of the original six proposed to scrutinise decisions.
The Czech Republic has been given a reference on the ability of states to "increase or reduce" the competences conferred upon the Union, and Britain has been offered the possibility of an opt-out of decisions in the sensitive field of justice and police co-operation. One senior EU official described the draft mandate as "a precious piece of unique ugliness" when compared with the draft constitution, which was a single readable text without the numerous caveats given to states.
Warsaw's insistence on revising the EU voting system is trenchantly opposed by the 25 other EU states, with only the Czech Republic offering tacit support. Poland fears the system, which is based on population, gives too much power to Germany. And despite signals yesterday of a new willingness to compromise, this is the issue most observers believe could cause the summit to collapse in bitter acrimony.
Britain's opposition to the enhanced role of the EU in foreign affairs and its opposition to the legally binding nature of the charter of fundamental rights also risks inflaming tensions. The Dutch insistence on incorporating enlargement criteria in the treaty may cause problems.
Predicting the outcome of the summit is impossible, said one EU official. That's why we are calling it a "three-shirt summit" - because we all expect to be here on Saturday.