Тема II.

A CONSTITUTION FOR THE FUTURE OF EUROPE

(abstracts from the speech of Romano Prodi – President of the European Commission, Milan, 15 July 2002)

Historical roots of institutional reforms

Europe's annus mirabilis – 2002 – has given European integration a remarkable boost. When analyzing this, we must consider the present as well as the future. Вut let us not neglect the past, as the series we are presenting today clearly shows.

The Treaty of Rome makes it quite clear that the European club is open to new members. Bur reading between the lines of the Treaties and delving into the archives we realize that the founding fathers had a more ambitious structure in mind.

Having voiced those thoughts, I wish to share a deep conviction of mine: Europe needs a constitutional Treaty. There are excellent practical reasons for this and I will go into them presently or the moment I want to remind you that today, thanks to enlargement in particular a great project initiated half a century ago is now bearing fruit.

You have published a whole volume on a satisfactory institutional solution for the "Greater Europe". But before tackling that, we need to consider the challenges and tasks the European Union has to cope with

Four challenges

The time has come to take our share of responsibility for peace and development in the world.

1. We must develop all the instruments we need to export peace, democracy and freedom. These include:

• enlargement

• our neighborhood policy (Russia, Ukraine, the Balkans and the Mediterranean)

• more coherent and telling action on the world scene

• a strategy to reduce the gap between North and South.

2. Secondly, we must defend the European social model. This involves:

1. stepping up our capacity for joint action in the economic area;

2. a strategy that combines the (micro- and micro-) economic dimension and the social and educational dimension – the Lisbon strategy;

3. more practical content for the principle of European citizenship.

3. Thirdly, we must ensure the security and peaceful coexistence of all those who live in Europe in full observance of the principle of freedom.

Recently the issue of security has been increasingly linked to immigration. I am not convinced that the two should be linked, but it would be dangerous to ignore people's real fears.

No country can hope to tackle these issues effectively on its own:

1. We must coordinate border controls at EU levels;

2. We need a common approach to asylum and control of migratory flows;

3. We must concentrate on the external dimension of these policies (readmission policies, immigration clauses in agreements with non-member countries).

4. The fourth challenge for the Europe of tomorrow is the knowledge society.

We must stake our future on making Europe a center of scientific progress and innovation. This means:

1. stepping up Europe's competitiveness by increasing research and development (Fourth Framework Program);

2. applying a coordinated strategy for lifelong learning;

3. enhancing our universities "capacity to attract".

Our project for the European Union

A constitutional treaty

The Commission has clearly stated the need for such a constitutional context. Above all there is a need to simplify the existing provisions accruing from the various Treaties adopted in the past. But something extra is also needed.

In a modern democracy, a "constitutional" text lays down the key points governing the autonomous organization of a particular political entity:

1. the legal basis for the entity concerned;

2. respect for rights internally, with the establishment of a clear political identity.

Your study includes points and considerations of great relevance to these aspects too. It is vital for the entity to be seen and recognized as fully legitimate and democratic by the citizens.

Naturally, the myths about the illegitimacy and lack of democracy of the EU and its institutions should be rejected unambiguously.

But the Treaties establishing the Union do not lay down certain fundamental points directly and precisely. They are recognized within the EU solely by virtue of references to principals enshrined in the constitutions of the Member States. And this makes the EU seem rather distant. These include:

1. The legitimacy of the Council and the Commission, since their membership only indirectly reflects the will of the people;

2. The protection of fundamental rights, which is legally guaranteed by case law only.

For real value added, the future constitutional text of the European Union must set out:

1. the EU 's essential principals and tasks;

2. the institutional organization responsible for carrying out these tasks;

3. the citizen's rights in terms of participation and freedoms, which serve as inspiration for and govern the way the EU institutions exercise their powers.

A constitutional treaty for a Union of States and peoples

The EU is a Union of States and peoples and the Governments are still in charge of the Treaties. So the most likely outcome of the process to reform of the European Union under way is a constitutional treaty, barring a " constitutional upheaval" that breaks with the past. And that is most unlikely.

Which is why I speak of a " constitutional treaty" and not of a "constitution".

As things stand, EU citizens can play no part in the ratification of such a treaty. But they must be involved in this process in some way. This means devising a way of including them in the process:

• As it stands, the Union of States and peoples is totally biased in favor of the States.

To re-establish a balance, the peoples must given the chance to take part in the process of laying the EU's new foundations. Popular involvement is justified because this will bolster the legitimacy of the future constitutional text and, more generally, the Union based on it. This would set in motion a process that could ultimately lead to the recognition of EU sovereignty.

EU citizenship

The Convention and the Intergovernmental Conference to follow must launch a grand practical political project that the citizens can identify with. This entails laying the foundations for a genuine supranational democracy. The concept of European citizenship must stand at the center of the European project, whatever from this takes. Building a democratic EU does not mean building a super-state. It means giving a new dimension to the concept of citizenship. EU citizenship can be a powerful factor in the social integration of legal immigrants into the European Union.

We must identify a set of core rights and obligations to be recognized by all legal residents throughout the EU. This could lessen the increasing tension between laws on nationality and citizenship and immigration.

Proposals in the Commission Communication to the Convention

The commission presented a Communication to the Convention setting out certain clear proposals.

To play role it deserves on the world stage, the EU must speak with one voice. To do this, I have proposed that the role of the High Representative should be gradually merged within the Commission and combined with that of the Commissioner responsible for external relations. This reform will:

1. reducing the current dispersal of effort;

2. harnessing the full external potential of the various common policies – trade, the environment, transport and culture;

3. making our external policy more effective and more visible.

he EU must operate along simpler and more transparent lines. This means:

• combining the present three pillars within a single consolidated Treaty;

• giving the EU a single legal responsibility.

The new Treaty must break down into two sections:

1. A constitutional section setting out the constitutional principals and the Charter of Fundamental Rights.

2. A second section setting out the practical procedures, governed by more flexible voting rules covering amendments too.

As regards transparency, the strictest test is clearly the way the European Union uses EU taxpayers money. The way the EU budget is currently financed is too complex. We propose it be simplified and the budgetary authority – comprising Parliament and the Council – be given power consonant with their democratic legitimacy.

In particular, the European Parliament should be given the power to decide on revenue as well as on expenditure. This is the prerogative of all democratically elected parliaments throughout the world, with the sole exception of the European Parliament. We might well take up the slogan "No representation without taxation".

The Presidents of the Council and of the Commission

The EU must have clear, recognizable leadership. Various proposals concur on a reform of the way the Council is currently chaired.

It is clearly necessary, particularly with a view to enlargement, to replace the present six-monthly rotating presidency with a more stable system.

I fully agree with that aim. But we should go a step further and consider how best to make the EU more visible in the public eye. The EU must have a focus for responsibility and accountability to give it continuity.

An EU president chosen by governments and voted on by Parliament or elected in some other way, with a five-year term of office, would meet the need. Dispersal of effort must also be avoided as it leads to powerlessness. On grounds of democracy and efficiency, the best solution could be for the EU and Commission presidents to be one and the same. This would be a visible, transparent way of promoting the general interest of the EU and ensuring coherence and continuity.

All these reforms must be geared towards better allocation of roles and tasks, grouping of competencies and simplification of the whole system.

It would be counterproductive to deviate from the Community method and develop less democratic and less transparent procedures. These would end up by aggravating the present dispersal of effort.

Notes:

to concur (concurred, concurring) – 1. to agree with someone or have the same opinion as them: The judge stated that he concurred with the ruling. 2. to happen at the same time; to coincide: Everything concurred to produce the desired effect.

to accrue from something – to increase over a period of time: economic benefits accruing to the country from tourism; Interest will accrue if you keep your money in the savings account.

supranational – concerning more than one country, going beyond national powers, interests, borders, etc.: a supranational organization;

to bolster sb/sth (up) – to improve sth or make it stronger: to bolster sb’s confidence/ morale/courage; Falling interest rates may help to bolster up the economy.

to step up – (to increase) повышать усиливать;

dispersal (AmE written language) – the process of sending sb/sth in different directions; the process of spreading sth over a wide area: police trained in crowd dispersal; the dispersal of seeds; рассредоточение; рассеивание; разгон.

Active Vocabulary:

boost – 1. поддержка, проталкивание; стимул, стимулирование 2. создание популярности; реклама, рекламирование 3. экономика повышение (цен и т.п.)

4. рост товарооборота

constitution – 1. конституция; основной закон; 2. устав;

provisions of the Constitution – положения конституции;

to adopt/to approve a constitution – принять конституцию;

draft constitution – проект конституции;

constitutional – конституционный;

competitiveness – конкурентоспособность; конкурентные позиции;

coherence – связность, последовательность(договоров, аргументации и т.п.); 2. внутренняя устойчивость (экономики); 3. логическая стройность, внутренняя увязка (плана);

coherent – логически последовательный;

coherent argument – логический/последовательный довод;

coherent foreign policy – последовательная внешняя политика;

coherent reasoning – логически последовательное доказательство/обоснование;

coherent thought – последовательная/связная мысль;

continuity – 1. непрерывность, неразрывность, целостность 2. преемственность; последовательность;

competence – 1. умение, способность; 2. а) юр. компетенция, правомочность; правоспособность в) круг ведения, компетенция;

coexistence – сосуществование;

dimension – 1. pl размеры, величина; размах; важность; 2. аспект, измерение;

humanitarian dimensions – гуманитарные аспекты;

political dimensions – политические аспекты;

instrument – 1. орудие, средство (для достижения цели); 2. документ; акт; грамота 3. инструмент, прибор;

the principle instrument of foreign policy – главное оружие во внешней политике;

compilation of international instruments – сборник международных договоров;

under a legal instrument – согласно документу;

international instruments establishing zones free from nuclear weapons – международные соглашения, учреждающие зоны, свободные от ядерного оружия;

instruments for declaring invalid, terminating, withdrawing from or suspending the operation of a treaty – документы обо объявлении договора недействительным, о прекращении договора, о выходе из него или приостановлении его действия

body of the instrument – юр. текст документа;

revocation of instruments – отзыв документов.

Exercise 1. Give English equivalents:

придавать ускорение интеграционным процессам; быть открытым для новых членов; проект, начатый полвека назад, приносит свои плоды; рассматривать задачи, требующие срочного решения; принимать на себя долю ответственности; защищать европейскую модель социального развития; обеспечивать безопасность и мирное сотрудничество в Европе; повышать конкурентоспособность товаров, производимых в Европе; упрощать существующее законодательство; защищать основные права граждан; заложить основы межнациональной демократии; защищать основные права граждан; являться важным фактором в социальной интеграции; способствовать уменьшению разногласий; обеспечить более стабильную систему функционирования учреждений Евросоюза; обеспечить прозрачность в выполнении принятых решений; главное оружие во внешней политике; документы об объявлении договора недействительным, о прекращении договора, о выходе из него или приостановлении его действия; отзыв документов; последовательная внешняя политика; положения конституции; проект конституции; логически последовательный; гуманитарные аспекты.

Exercise 2. You came across in the text an idiom to bear fruit and now learn some more idioms with the word fruit , translate what follows:

to bear fruit – if someone does bears fruit, it produces successful results;

forbidden fruit – something you want very much but are not allowed to have;

the fruit of your loins – (humorous) your children;

the bitter fruits – (literary) the unpleasant results of something.

1. The work he began did not bear fruit until after his death. 2. The fruit of my loins you may be, but that doesn't mean I have to look after you all my life! 3. Disease and malnutrition are the bitter fruits of an inefficient social healthcare policy. 4. His father successfully prevented Galileo from even knowing that there was such a subject as mathematics until at the age of nineteen he happened, as an eavesdropper* to overhear a lecture on geometry. He seized with avidity upon the subject, which has for him all the charm of forbidden fruit (B. Russell).

eavesdropper* – a person who likes listening to private a private conversation;

to eavesdrop – подслушивать.

Exercise 3. Find Russian equivalents of the actual sayings from the Bible. Comment on them, be argumentative:

A good tree cannot bring forth* evil fruit, neither can a corrupt tree bring forth good fruit.

He that would eat the fruit must climb the tree.

to bring forth* (phrasal verb) – (formal) to cause something to appear; produce, yield: Our second meeting brought forth very few new ideas.

Exercise 4. Match the columns of phrasal verbs to its meanings, find them into the text. Fill in the gaps then translate what follows:

1. to delve into;

2. to cope with;

3. to step up;

4. to lay down;

5. to carry out;

6. to break down;

7. to take up;

1. to discuss, or deal with something;

2. to divide information or a piece of work into smaller parts so that it is easier to understand or deal with;

3. to do or complete something especially something important;

4. to officially establish a rule, or to officially state the way in which something must be done;

5. to do more of an activity or to increase the speed of a process, usually in order to improve a situation;

6. to deal effectively with sb/sth, to manage sb/sth adequately;

7. to examine something carefully in order to discover more information about someone or something.

Gap filling exercise (two sentences to each meaning):

1. A leading law firm ... his case. I can't give an answer, you'll have ... the matter with your supervisor.

2. We can ... the project into section for different teams to work on. We must ... the results of the survey by age and gender.

3. A survey of ten schools in the area will be ... out next year. If this difficult phase of highways planning is to be ... efficiently, the engineer has to have all the help that modern methods of survey can supply.

4. The military authorities have ... strict rules which must be followed. New guidelines about dealing with patients have been ... for doctors and nurses.

5. Security at the airport has been ... since the bomb scare. The police have ... their efforts to try to recover the stolen items.

6. Our collection had reached such proportions that it took us all time to ... it. He hired a nurse to ... the new baby and the chores.

7. I don't like ... too deeply into his past. It must be terrible to have journalists ... into your private life all the time.

Exercise 5. Look at the following word combinations and phrases from the text and see if you remember which prepositions were used in the text:

1. Tanks ... enlargement. 2. Lack ... democracy 3. By virtue ... references ... principles. 4. The power consonant ... their democratic legitimacy. 5. The power to decide ... revenue and ... expenditure. 6. I fully agree ... that aim. 7. To make the EU more visible ... public eye. 8. The EU must have focus ... responsibility and accountability. 9. An EU president chosen ... governments and voted ... by Parliament. 10. Dispersal of effort must also be avoided as it leads ... powerlessness. 11. All these reforms must be geared ... better allocation of roles and tasks. 12. The European club is open ... new members.

Exercise 6. Match the columns of English/Russian equivalents with the word continuity and make up sentences of your own with the following word combinations:

continuity

1. continuity in the policy;

2. continuity in relations;

3. to be marked by continuity;

4. to pursue foreign policy with continuity;

5. to secure continuity;

6. to stand for the continuity of foreign policy;

7. de facto continuity;

8. continuity of bilateral treaties;

9. continuity of the link;

1. бесперебойность действия линии связи;

2. преемственность двусторонних договоров;

3. преемственность де-факто;

4. стоять за преемственность во внешней политике;

5. обеспечивать преемственность;

6. сохранить преемственность в проведении внешней политики;

7. характеризоваться преемственностью;

8. преемственность в отношениях;

9. преемственность в политике.

Exercise 7. Give Russian equivalents of the following:

competence, competent

to be beyond competence, to fall under competence, within one's competence, competence to conclude treaties, to challenge the competence, to define the competence of the committee, to recognize the competence of a state, the competence is vested in somebody, to be competent to do something, to declare oneself to be competent, competent authority, competent majority

coexistence

competitive coexistence, peaceful coexistence, coexistence of different socioeconomic systems, to aim at coexistence, to promote coexistence, to strive towards coexistence, to work towards coexistence, friendly coexistence

boost

to give somebody a boost, to give a boost to home demand, steady boosts in military spending, to get a good boost, price boost, boost in pay , to give the economy a welcome boost, to give somebody's confidence a boost

Exercise 8. Expand on the topics using the connecting and sequencing words and phrases mentioned below and keeping close to the text :

Firstly To sum up Notably On the whole

That’s why In that case Actually Anyway

In the same way Instead In addition Lastly

In other words For instance Clearly Yet

1. The historical significance of the proposals made by Romano Prodi President of the European Commission for the EU.

2. Four challenges.

3. The project for the EU.

4. EU citizenship.

5. Proposals in the Commission Communication to the Convention

6. The interaction of the Presidents of the Council and of the Commission.

Exercise 9. Translate and then summarize the text (The Economist, 2004) using the vocabulary listed below:

overlapping (treaties) – частично совпадающий, дублирующий; перекрывающий;

the primacy (of EU law) – первенство, главенство; примат;

to dispatch – отправлять, посылать;

oblivion [o'blivion] – забвение; to fall, to sink into oblivion – быть забытым (or преданным забвению);

to streamline (procedure) – 1. Модернизировать; 2. упрощать;

to confer [kqn'f(r)] (competences /powers) – предоставлять, наделять, даровать, жаловать4

to loose one’s grip – терять силу; he is loosing his grip хватка у него уже не та4

to shift (powers) – переложить полномочия, компетенции;

arcane [a'keIn] – таинственный, скрытный, тайный.

At present, the EU is governed by two sets of overlapping treaties, providing for ‘three pillars’, several different ways of producing laws and a voting system that lacks a rational basis (Germany, with almost twice Spain’s population, has just 7% more votes). There is no clear statement of what the EU is or what it does. Some absolutely fundamental principles, from the primacy of EU law to its exclusive competence over marine conservation , are not mentioned in the treaties. Now, set out in part 1 of the constitution, is what the EU has needed for years: clarity and coherence about where its powers come from, and how decisions are made. And, at just 59 short articles, this part, which sets the framework for the Union, could easily fit into anyone’s pocket.

The constitution dispatches into oblivion any notion that the EU is a federal superstate. It is the member states that confer competences (powers) on the Union “to attain objectives they [i.e., the member states] have in common” (article). “Conferral”, meaning that the EU’ s powers derive from member states, is a fundamental principle, requiring the EU to act “within the limits of the competences conferred upon it by the member states”. Competences not so conferred remain national. And there is even a streamlined procedure, for the first time, for any member state to withdraw from the EU-proof, if more were needed, that this is an organisation of freely co-operating nations.

The EU’ s reputation has suffered in the past because the use and transfer of powers has appeared to be a one-way street. Now, there are innovations in the constitution that can make it two-way. Shared competences (or part of them) can be transferred back to member states (article11). And national parliaments are charged with the duty of ensuring compliance with the principle of subsidiary.

At present, there is no obligation on members states or the European Commission even to inform national parliaments about draft EU laws, still less to let them have any power. But under the new provisions all national parliaments must be notified independently of all draft laws, and given six weeks to respond. If a third of them object, the commission must “review” the draft. Yet, in theory, the commission could then re-submit the original proposals amended, but in practice they would be unlikely to do so, not least because, if a third of national parliaments are against a proposal, so will be their governments, and the commission would be close to losing the qualified majority needed to pass laws.

The constitution also shifts power back to member states, and so citizens, in another way: by reform of the presidency system. This sounds a bit arcane. But imagine any complex organisation where the leadership had to switch every six months, and it was only your turn once every twelve-and-a-half years. What would happen is that effective power would shift, automatically, to those with some permanence. And no imagination is needed: this is the EU today. Rotating the presidency made sense when the EU had six members. With 25, and soon to be more. It is now a recipe for member states to loose their grip. A key institutional reform creates a full-time post of president of the European Council (i.e., heads of government) to put into effect its decisions on the EU’ s strategic direction. This was a British proposal. Also, the size of the commission is to be reduced.

Exercise 10. Prepare a short presentation related the topic of this chapter and include examples of connecting and sequencing ideas. Use the phrases below:

Especially

In conclusion

Naturally

Then

To sum up

In fact

Finally

Secondly

First of all

As a matter of fact