June 24, 2007: When Angela Merkel became president of
the EU's council of ministers in January 2007, she had six
months to achieve her goal of ending the impasse created by the
rejection of the proposed EU constitution by French and Dutch
voters two years ago. Shortly before 5 a.m. yesterday morning
the German chancellor had achieved her goal, but only after an
all-night negotiating session and a couple of compromises. At
the concluding press conference, a thankful EU commission
president José Barroso gave her flowers and even voiced
his appreciation for her negotiating skills in German (Barroso
only speaks English at EU press conferences) by saying: "Dear
Angela, in the name of Europe I extend heartfelt thanks and
look forward to continued cooperation."
Months of patient behind-the-scenes negotiating by Merkel's
diplomats were almost torpedoed by Polish opposition to the
proposed "basic treaty" for the EU, which will replace the
failed constitution. Poland's main concern was the "double
majority" decision-making procedure, which in Poland's view
discriminates against smaller EU countries. Instead of a system
based on actual population, Poland wanted the "square root"
solution, using the square root of a country's population to
determine its voting power. The Polish proposal would have
meant that Poland and the Czech Republic would have more voting
power than Germany if they voted together, although their
combined population is only about 65 percent of Germany's.
Using growth projections, the Poles had even argued that
their country deserved a larger voting representation
because Poland's population would be nearly double what it
is now if it had not been decimated by Germany's invasion
and occupation in World War II.
During the two day summit chancellor Merkel had six meetings
with Polish President Lech Kaczynski. On Friday evening his
twin brother Jaroslaw – the Polish prime minister –
threatened to veto the agreement that all
other EU members had accepted. Then Angela Merkel got
tough. One hour after the Polish prime minister made his
announcement on Polish television (he was in Warsaw),
Merkel had a statement released saying that the work on
the text of the "basic treaty" could be started without
Poland. Some late night phone calls to Warsaw by other EU
leaders helped convince Jaroslaw Kaczynski to accept the
proposal, but only after a compromise was reached on
delaying the full implementation of the "double majority"
system until 2017.
Yesterday's agreement in Brussels is a mandate for an EU
conference by the end of the year to finalize the wording of
the new "basic treaty". It must then be approved by all 27 EU
member states. The proposed timetable calls for implementation
of the treaty by 2009. Some key aspects of the new treaty will
be:
• The new "basic treaty" will replace the treaty of
Nice agreed upon in 2000 and is intended to streamline the
European Union with its larger membership. The new treaty will
not be called a constitution.
• The new "basic treaty" will not mandate either a
European flag or anthem to replace national flags and
anthems.
• The European Council (meaning EU summit meeting and
the overall guidance of the EU) will be headed by a President
who will have a 2.5 year term. The Presidency of the EU Council
of Ministers shall continue to be on a six month rotating
basis.
• The new "double majority" voting system for EU
decisions will take effect in 2014, but Poland will retain its
single nation veto right until 2017. Under the new system, a
decision will be valid if it is accepted by at least 55 percent
of member countries representing at least 65 percent of the
EU's total population. When fully implemented in 2017, the
current single nation veto right will end.
• For the first time, the EU will officially recognize
the possibility of a "two-speed" Europe. Countries like Great
Britain will be allowed to decline participation in matters of
legal and police jurisdiction and social policies. If no
unanimous agreement can be achieved on a proposal within four
months, those countries desiring to proceed with the agreement
may do so without the dissenters.
• Candidates for membership will be required to respect
the EU value system and commit themselves to promoting those
values. (This may infuence negotiations with Turkey on that
country's bid to join the EU.) In addition, for the first time
the EU will officially recognize the possibility that a member
country may decide to leave the European Union.
. Once ratified by all EU members, the new treaty will
provide the framework for a smaller group of EU countries to
proceed on the path to full political and military integration.
The legal groundwork for a "core Europe" will be laid in th
next six months.