EU:Leaders of EU states in favour of the treaty, plus Ireland, meet in Madrid tomorrow to discuss what to do next. Spain's European affairs minister spoke to Jamie Smythin Brussels
Spain will not support a new institutional agreement in Europe that departs from the substance and delicate balances in the EU constitution. But Madrid will propose ways to improve the draft treaty, such as adding to the text a commitment to tackle climate change and plans for a stronger common immigration policy.
"If we go apart from the substance of the present treaty and the balances that are there, then of course Spain will not be able to subscribe to this new treaty," said Alberto Navarro, Spain's minister for European affairs. "But we don't rule out improving it because every human construction can by definition be improved."
In an interview before a ministerial meeting in Madrid tomorrow designed to breathe life into the moribund EU constitution, Mr Navarro also rules out holding a new referendum in Spain to ratify a renegotiated institutional treaty. "This is not necessary in our country," he said. He added that parliamentary ratification would probably be required for a new text.
Spain has invited ministers from 18 EU states that have ratified the constitution, together with Ireland and Portugal - supporters of the constitution - to attend the "friends of the constitution" meeting to discuss the best way to address the impasse.
It has also invited observers from the seven EU states that have not yet ratified the treaty or expressed a wish to send a minister to Madrid.
The constitution remains in stasis since French and Dutch voters rejected it in referendums in 2005. Both states have ruled out voting again and EU leaders will try to agree on a new treaty over the next 18 months.
Europe is divided over the best way forward, with Britain and French presidential candidate Nicolas Sarkozy favouring a slimmed-down treaty that removes much of the content of the constitution. This treaty could be passed by parliamentary ratification rather than by potential divisive referendums, they say.
But Spain, one of only two states where the constitution was passed in a referendum, is a strong supporter of the draft treaty and its vision of a more closely integrated EU.
"Clearly for Spain [ a mini- treaty] is not sufficient. It is not the answer that we can give to citizens who want a stronger Europe. That is why we launched this Madrid initiative because we want to stick to the constitution. Simply making institutional reforms is not sufficient," said Mr Navarro. "We need a political Europe."
Spain will use the Friends of the Constitution summit to highlight the support the treaty enjoys. It is also an attempt to grab the limelight from the "naysayers", France and the Netherlands, who have led the debate during the past 18 months.
Two-thirds of EU states, 18 of 27 members representing 270 million people, have ratified the constitution, said Mr Navarro, who denies the summit could divide Europe between the treaty's supporters and detractors.
"Our intention when we launched this initiative was not to divide the EU into blocks . . . that's why we envisage a second meeting to inform the others about the debate and listen to their views," said Mr Navarro, adding that France and the Netherlands have not presented an alternative to the treaty.
This second meeting, originally planned for February, has been called off amid fears it may have offended Germany, the current holder of the EU presidency. Berlin has prioritised solving the constitutional conundrum during its presidency and is arranging a series of private factfinding meetings between its experts and officials from around Europe.
But Mr Navarro insists the Madrid meeting has proved useful even before it begins.
"One of the main achievements of the summit already is that some of the countries that are waiting before ratifying, such as Ireland and Portugal, have asked to participate and attend because they fully share the model of Europe behind the treaty," he said.
"The central question posed at the summit will not be whether the constitution is alive or dead but rather what type of Europe do we want? In other words, what do we want to do together for the 21st century," said Mr Navarro, who cited the importance of working together to tackle problems such as terrorism, organised crime, climate change, immigration and energy security.