European Treaty (ex Constitution). The draft terms of reference for the IGC

(B2) The German Presidency has submitted a draft mandate for the opening of the Intergovernmental Conference in order to reach a new European treaty. A treaty that merely amends existing treaties. The 11 pages of the draft therefore specify, chapter by chapter, article by article, what is changing - possibly by taking up en bloc the "improvements" resulting from the former Constitution (the word is barely uttered, the Presidency preferring to take up the result of IGC 2004). Download release French ou English.

Generally:

exit the term Constitution, exit the symbols (flag, anthem, motto...), this text modifies the two existing treaties (Rome 1957, Maastricht 1992).

The Charter of Fundamental Rights no longer appears in the actual text of the Treaty but it retains "a legal value identical to the Treaties" through an explicit reference. It is essential. Moreover, the Union accedes to the European Convention on Human Rights.

The right to popular petition is retained.

The basis for acting on public services at Community level is specified (Article 16). But a clarification must still be made by the presidency: the Dutch are calling for a strengthening of the provisions, in particular concerning the preservation of services of general interest in the face of competition.

In social matters, little change.

Parliament will be kept informed of social dialogue, agreements concluded between social partners,

Questions of social security rights for workers circulating in the European Union (salaried and self-employed workers) can now be debated by qualified majority (and no longer unanimously). But this question remains unanimous for students, retirees and families. In addition, a quasi-veto exists, "when a Member State considers that this undermines its very system of social protection, it can refer the matter to the European Council. The latter can decide within four months. A veto sort of suspenseful.

The European Union will be able to act in terms of cross-border risks for public health (epidemics) but only to promote cooperation actions, possibly by way of directive, and without being able to achieve harmonization measures.