EU:Berlin's attempt to revive the European constitutional treaty has started badly with a leading figure in the treaty's creation saying it would create an EU that endangered parliamentary democracy.
Former German president Roman Herzog, who chaired the EU convention that drafted the treaty's charter of fundamental rights, said the document solidified and even aggravated the very problems it was supposed to solve.
As Berlin officials begin a whistlestop tour of the 27 member states to gather government opinions on how to ratify the treaty, Mr Herzog accused German politicians of hypocrisy for expressing in private many of the same concerns about the treaty that had been voiced by the public.
"In private discussions, German politicians . . . repeatedly speak critically about the development European politics has taken and continues to take. But few express their worries and thoughts publicly for fear of damaging integration," wrote Mr Herzog in Welt am Sonntagnewspaper yesterday.
"The danger is that a 'keep on going' policy towards the integration process would achieve the opposite of its purpose: further erosion instead of stabilisation." In an essay written with Dr Lüder Gerken, director of the Centre for European Politics, Mr Herzog said politicians were failing to address the "feeling creeping up on people that something isn't right" in the EU.
The essay summarises many criticisms of EU institutions such as the European Council, and of the treaty itself, rejected by French and Dutch voters in 2005. Its authors argue that the treaty does not fully define law-making competences, that is whether it is the EU or member state that has the legal authority to make certain laws. Nor does it provide a way for member states to reclaim that competence once established, they say.
Contrary to promises, Mr Herzog predicts that the existing treaty will worsen the battle over law-making competencies between Brussels and member states, caused by a "natural tendency" of civil servants everywhere to "pursue power and influence". A proposal in the treaty to allow member states to sue the EU in the European Court over competence disagreements was doomed to failure, said the authors.
"The European Court, as an institutional part of the EU, interprets competence regulations as far as possible in favour of the EU," they said, calling for the establishment of a new "Competence Court".
In Germany's case, Mr Herzog said, the increasing number of laws agreed first in Brussels and not the Bundestag - 84 per cent between 1998 and 2004 - "leads to the question of whether Germany can, without qualification, describe itself as a parliamentary democracy".
A Government spokesman in Berlin declined to comment on the article yesterday or on the German officials visiting EU capitals to discuss saving the treaty.
In contrast to the wide-ranging public consultation undertaken in the drafting of the EU constitution, Berlin has indicated it wants its renegotiation to be undertaken exclusively between national capitals.
This new procedure has awakened concerns in Brussels.
In a recent interview with the Brussels newspaper European Voice, commission vice-president Margot Wallström warned Germany against ignoring citizens in favour of getting a quick deal on the constitution.
"You cannot disregard citizens. It is important to make sure the renegotiation is not only about horse-trading behind closed doors," she said.
"I know the German presidency says that there should not be too many people involved in the negotiation, but we could invite the European Parliament, national parliaments, the civil society, to show that we welcome contributions on the future of Europe."
German foreign minister Frank-Walter Steinmeier dismissed her comments last week as "cheap criticism". He told journalists that Germany could not be successful in finding a solution to the current impasse if there was an open discussion on the constitution.
He said the experience of televising the council meetings in Brussels had shown him that few people were prepared to sketch out their positions in public.
Asked if Germany would propose the need for referendums in member states because of the secrecy of the negotiation process, Mr Steinmeier said it wouldn't. He said referendums would reduce the chance of success.
Meanwhile, MEPs are expected to demand a role in the talks on the constitution on Wednesday when Dr Angela Merkel makes a speech to the European Parliament. The speech will lay out Dr Merkel's priorities for Germany's six-month presidency of the union.