Leaders of the European Union have finally agreed a reform treaty to replace the constitutional document rejected by the French and Dutch electorates two years ago. In doing so, they have reached an honourable compromise with their citizenry. They have given the Union the institutional means to deal more efficiently with its recent enlargement, its internal decision-making and its greater role in world affairs.
The treaty retains most of the earlier text's content, but strip it of statelike symbolism. Despite its legal and political opacity this ungainly treaty is worthy of support because it equips the EU with the necessary tools for change. Political leaders must now see it ratified and put into effect. In Ireland this will require a vigorous referendum campaign.
The new treaty is a substantial document which ushers in significant new offices, powers and procedures in the EU's political system. A president of the council of ministers will be elected for two and a half years, renewable once. A High Representative for foreign and security policy will be appointed, and there is a new mutual defence clause. The European Commission's size will be capped and a strict rotation of membership introduced, so that not all states will have representatives on it at any one time. Majority voting will be extended to 40 more areas, including justice and home affairs from which Ireland and Britain are opting out for the time being. The European Parliament will gain influence through the consequential extension of co-decision with the commission. So will the European Court of Justice. National parliaments get more time to scrutinise EU legislation. The EU gains new competences to deal with energy policy and climate change. The Charter of Fundamental Rights will have legal effect. And there is for the first time a right of exit from membership.
Thus equipped with greater capacity the EU must prepare to see these powers used when and if the treaty is ratified over the coming year. A great deal will depend on political leaders to sell better policies to their electorates. There is widesread public support for better transnational policies on foreign and security, criminality, climate change and energy. On this basis the European Parliament elections in 2009 will be an opportunity for political parties to reconnect with citizens by offering real policy choices in these areas. In that way political leaders can achieve many of the gains they thought would be more easily delivered by the constitutional treaty.
Ireland will have a distinctive role in the ratification campaign as probably the sole state to have a referendum on the treaty. Many of its supporters and opponents from elsewhere in the EU are expected to campaign here. That is no substitute for a strong domestic debate on its merits and shortcomings. Those in favour of it must learn the lessons from the first Nice referendum in 2001, when a disastrously weak Yes campaign and a small turnout gave victory to the No camp. And, the No side of the debate must also be heard.