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European Union Reform Treaty changes
exposed
Steve McGiffen uncorks old wine in new
bottles
Don't be fooled by the removal of the words
“free and unrestricted competition” from the list of
EU goals. Don't be fooled, either, by the removal of any reference
to the EU flag, or the EU anthem. Don't be fooled by the tinkering
with the number of member states' votes required for a new law to
be introduced.
The fact is that the Reform Treaty is simply the Constitutional
Treaty in a different form. The same ingredients which made it impossible
for any socialist or democrat to support that measure are still
in place.
In a Europe in which macro-economic policy is in the hands of twenty-seven
unelected bankers legally immune to influence from the people or
their elected representatives, democracy is already dead. All we
can hope is that it will come back to haunt its killers. But if
Maastricht drove a stake through democracy's heart, this new measure
will nail down its coffin lid.
The major reason why the French and Dutch voted to reject the Constitutional
Treaty was that they recognised that it would strengthen the instruments
whereby the EU is able to force member states to privatise publicly-owned
concerns. Telecommunications, public transport, energy, the postal
service, sections of the education system and the health service
are all on the shopping list of the predatory corporations which
dominate European Commission policy-making. And the shocking fact
is that these sections of the rejected treaty were not even discussed
in Brussels. President Sarkozy's rhetorical flourish notwithstanding,
no changes have been made to the economic prescription – “private
good, public bad” – which has been killing the patient
since “Europe” swung towards neoliberalism with the
Single European Act of 1986.
So what has been changed?
The Foreign and Commonwealth Office document The EU Reform Treaty:
10 Myths emits an ear-splitting sound of barrels being scraped.
“The Constitutional Treaty would have replaced all the existing
Treaties and effectively refounded the EU”. It states. “The
Reform Treaty takes the same approach as all previous amending Treaties”
The FCO then spoils this rare experiment in truth-telling by adding
that “It amends the existing Treaties and will not have constitutional
characteristics.” This is, of course, completely illogical.
If the main features of the Constitutional Treaty have been carried
over to the Reform Treaty then the change of form is no more than
technical.
So here, in addition to the economic provisions mentioned above,
are the most important points on which the two treaties are substantially
identical: recognition of the Union as having a legal personality,
which will allow it to conclude, in its own right, agreements and
treaties in the name of all of the member states; creation of a
President of the European Council with a term of office of two-and-a-half
years renewable once, and a High Representative of the Union for
Foreign Affairs.
More areas under which decisions are taken by qualified majority,
and extension of the areas under which co-decision applies, somewhat
increasing the power of the European Parliament.
Reduction of the number of commissioners and strengthening of the
role of the President of the Commission; reaffirmation of the primacy
of community law over national law; and one area where there has
been a small change to the figures, but where the principle remains:
double majority voting at Council, under which measures will have
to be approved by 50% of the states representing 55% of the population
from 2014.
There are also changes which are specific to the UK, though these
will in the main hardly be welcomed by socialists. Britain will
not be automatically bound by all of the provisions under the “Justice
and Home Affairs” section, but will have the right to ‘opt
in’ to these as the Government sees fit.
The FCO argues that this provision will protect “our common
law system and criminal and judicial processes”. Well, it
will, but only until a government decides to “opt in”.
Britain will also retain greater control of social and labour legislation
than do other member states, and there will be “stronger safeguards
for protecting our social security system”. As these are in
each case amongst the worst of any developed EU member state, these
protocols are, not surprisingly, designed to take care of the employers'
interests. Finally, at Britain's insistence, despite the creation
of a High Representative, a “Declaration” was added
to the effect that foreign policy remains in the hands of the member
states. This is more of a clarification than a change, but is certainly
to be welcomed, though probably rather mutedly in a country which
has simply opted to have its foreign policy laid down in Washington
DC rather than Brussels.
And in case you were thinking there might be just one sweetener
in this whole package, I quote, once again, the FCO: “The
Charter (of Fundamental Rights) will have no new impact on UK domestic
law and creates no new powers for the EU to legislate.”
If the Government can get away with its claim that the differences
between the two treaties mean that the referendum promised for the
original proposal is no longer needed, they can get away with anything.
Unless a mass movement embracing all of Britain's democratic forces
can change Gordon Brown's mind on this, we will have to accept that
we are ruled by charlatans and liars and that to be so ruled is
perfectly acceptable, or at least immutable. The game which began
at Peterloo, in my home town of Manchester, will be up.
Steve McGiffen edits www.spectrezine.org
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