Germany and the European Union Visions, opinions and expectations by Michael Kull, M.Soc.Sc. Department of Political Science University of Helsinki

Germany and the European Union A possible future European Constitution - Visions, opinions and expectations The Future European Union – A Confederation, Federation or Federal State Reforming the Institutions – Discussing the Future European Council, Commission and Parliament Distribution of competence – Divided or Shared? The Draft Treaty Establishing a Constitution for Europe - What did they struggle for? A Core, Avant-garde or Centre of Gravity and other ideas to enhance European Union Integration A deeper and wider Union – What do Germans think of it?

Germany and the European Union Examples from the Conventions agenda: Distribution of competence between EU-institutions and its member-states the level-dilemma the principle of subsidiarity enhancing transparency above all an answer to the questions how to create a constitution, how to name it and what kind of “organisational model” shall be developed for the future European Union

Germany and the European Union The Future European Union – A Confederation, Federation or Federal State: “The existing concept of replacing the old-nation states and their democracies as the new sovereign power shows itself to be an artificial construct which ignores the established realities in Europe” Joschka Fischer, Federal Foreign Minister “Therefore, we need a constitution for the very reason that we do not want to become a single centralized state.” Johannes Rau, President of the Federal Republic of Germany “… can we leave the confederation of states behind and manage to take the step of creating a federation? Are we able to achieve, on the political level, the same progress we achieved at the monetary and common market level with the Maastricht Treaty - yes or no? This depends on whether we go beyond the confederation of states and go all the way to a federation, which would be the ultimate meaning of achieving political integration and creating a European democracy” Joschka Fischer

Germany and the European Union Advantages and Disadvantages of Co-operative and Dual Federalism Transferred to the EU German co-operative federalism: - strong representation of Member States at EU level (representatives of national governments) - shared sovereignty with veto-options, e.g. in legislation and as far as core interests and responsibilities are touched - implementation independence US dual federalism: - strong autonomy of MS with own competence - weak representation at EU level, i.e. weak influence on EU policy - “weak” federation - competence is vertically divided, i.e. both level have executive and legislative powers - EU field offices are needed within the Member States to guarantee implementation of its policies

Germany and the European Union Reforming the Institutions – Discussing the Future European Council, Commission and Parliament “…we need a strong European Parliament, a Commission that is democratically legitimised and has the ability to act. As regards the legislative, the European Governments should restrict on the role of a second chamber.” MP Wolfgang Schäuble, CDU “If its dual role is maintained, we will continue to have a confederation of states. Then things will be far from easy with 25 member states. If we go beyond a confederation of states, we will take the step towards federalism and the Council will have to decide between the legislative and executive role. This is for me the central issue.” Joschka Fischer “The Council of Ministers should become a chamber of states in which each state, represented by its government, would cast its vote. This chamber would preserve the nation-states' sovereignty.” Johannes Rau

Germany and the European Union “We need ideas for a strong and efficient executive. Therefore the Convention should make proposals on a future European Commission. That is for the reason that in the EU of 25 or 27, not every member-state can appoint a Commissioner anymore.” Gerhard Schröder “The two chambers (European Council and EP) should make decisions on an equal basis in all spheres in which legislation is made.  I am convinced that a stronger parliament would also help to ensure that the parties are not only European in name but conduct themselves as such.” Johannes Rau

Germany and the European Union Distribution of competence – Divided or Shared? “At first there is the need to formulate precise and basic rules for the division of competence. Secondly there is the need to discuss a new distribution of competencies – bottom-up as well as top-down. Thirdly it has to be guaranteed that those new rules of competence will be considered in the decision-making process. Therefore institutional reforms are needed. What we need are clear and general rules of competence in connection with certain categories of competence on the one hand and a more precise allocation of single political subject-matters. Additionally we need a correction as regards the distribution of competence. In areas in which only the European Union is able to solve problems effectively, she needs to receive necessary abilities to act. In turn it must also be possible to re-confer competence to the level of member-states as far as member-states’ or regional action is sufficient.” Wolfgang Clement, former Minister- President of -Rhine Westphalia and Federal Minister of Economics and Labour “We should endeavour to anchor the principle of subsidiarity on a broader basis: only those matters should be decided at European level which the member states cannot better deal with themselves. That must be our guiding principle!” Johannes Rau

Germany and the European Union “…to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity” Preamble of the Treaty on the European Union “The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein. In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.” Art. 3b of the Treaty establishing the European Community