IGC: COMMISSION RELEASES OPINION ON THE IGC.

The last issue of European Report covered details of the composition of the Commission. This article looks at some of the other key points covered in the Opinion.

Less unanimity voting.

The European Commission welcomes the Convention's success in extending the qualified voting procedure but believes it is duty-bound to issue a clear warning to the IGC that not enough progress has been made to enable the EU to achieve all its goals. This is true even though the draft Constitution allows scope for the European Council to decide that one area where the Council acts by unanimity will now be covered by the qualified majority decision-making (Article I-24 (4)), as this "bridging clause" itself require EU leaders to act by unanimity.

The Commission's Opinion offers various options according to the scope of the article in Section III, which it believes are vital for switching to qualified majority voting. Either an immediate switch, to be decided upon by the IGC, as in the case of Articles III-8 (combating discrimination) or III-10 (right to vote in European and municipal elections). Or by spelling out more the scope of qualified majority decision-making (for example taxation issues related to the functioning of the Internal Market, combating tax fraud/evasion, and the basis for assessment as to companies, excluding rates of taxation). Or setting a date for a subsequent but automatic changeover to qualified majority voting for new or recent fields of competence where the Member States wish to retain unanimity to start with, as in the case of Articles III-170 (family law) and III-176 (co-operation between police forces.

The European Commission's main concern is focused on budgetary measures. It believes that retaining unanimous decision-making for Article I-54, for setting the first financial framework to be adopted after the introduction of the Constitution, on top of the one required for Article I-53, dealing with own resources, could lead to very tough negotiations within a short time, whereas an even-handed result for all sides could be found by quality majority decision-making. The Commission thinks the right of veto should be axed in this area.

Constitutional review.

The Convention has not altered the present setup for the Treaties, where any revision, even a minor one of a primary law measure requires a unanimous agreement by EU governments and then has to be ratified by all the Member States according to their own constitutional rules.

The...