Bulletins

1) First translation and analysis of new version of the Constitutional Treaty: new EU Treaty is 96% the same as old Constitution

Responding to the publication of the new version of the European Constitution and the launch of the intergovernmental conference this week, Open Europe has produced the first English language translation of the new version of the Constitutional Treaty, and the first analysis of its contents - which suggests that it is almost exactly the same as the original European Constitution.

§         The analysis finds that only 10 out of 250 proposals in the new treaty are different from the proposals in the original EU Constitution.  In other words, 96% of the text is the same as the rejected Constitution.

§         The Government is refusing to produce an official English translation of the text until after Parliament rises for the summer in mid-October. This follows a blanket refusal to discuss its negotiating position with MPs.

The translation is available at:

www.openeurope.org.uk/research/translation.pdf

Our analysis is at:

http://www.openeurope.org.uk/research/comparison.pdf

2) EU Constitution round-up

(i) The arguments: UK Government undermined by EU leaders telling the truth

The Government’s strategy for handling the revival of the European Constitution has been pretty badly undermined by a slew of other European leaders admitting that the new “treaty” is exactly the same as the old Constitution.

Pretty much every day since the agreement on the outline of an agreement to resurrect the Constitutional Treaty, one European leader or another has pointed out that the new text will be the same as the old one, or pointed out that one of the UK Government’s claims doesn’t stack up.

So many EU leaders have admitted it that we have compiled a list showing the gap between what the UK Government is claiming, and what the rest of Europe is saying.

Our new briefing: “Rhetoric and Reality” is available on the Open Europe website:

www.openeurope.org.uk/research/rhetoric&reality.pdf

For example, while Britain’s Europe Minister Jim Murphy claims that “the reform treaty will differ fundamentally from the Constitutional Treaty in its substance”, Angela Merkel, the German Chancellor said that, “The substance of the Constitution is preserved. That is a fact.” Spanish Prime Minister Jose Zapatero admits, “We have not let a single substantial point of the Constitutional treaty go”.  He goes on to say, “It is, without a doubt, much more than a treaty. This is a project of foundational character, a treaty for a new Europe.” European Commissioner Margot Wallstrom admits simply, “It’s essentially the same proposal as the old Constitution.”

While the UK Government claims to have an “opt out” from the Charter of Fundamental Rights, Swedish Prime Minister Frederick Reinfeldt, says, “It was important for the [Swedish] Government to keep the Charter legally binding, which now is the case…  the UK accepted this… It should be stressed that the UK was given a clarification, not an opt-out.”

As ministers have been gradually forced to admit that this is the same document, they have now started to fall back on a different claim.

Asked on the Today Programme why all the leaders of other EU states believed the treaty was the constitution "in all but name", Jim Murphy said: "Those people are often a reflection about the deal and the version of the Treaty that their countries have signed up to.” He argued, however, that "The UK has signed up to a UK version of the European Treaty; we've got a series of opt outs on, on justice and home affairs for example.”

This is nonsense, and journalists shouldn’t let the Government get away with it.  There is no new “UK version”, and it’s a sign that the Government is desperately clutching at straws.  The UK’s various face-saving “safeguards” and “emergency brakes” (which won’t work anyway) are just the same as in the original Constitution – on which the Government promised a referendum.

(ii) The cynicism of the pro-euro lobby

Also unhelpfully for the British Government, other EU leaders have spelled out very clearly the cynical strategy being pursued.

One of the authors of the European Constitution, former Italian Prime Minister Giuliano Amato, recently admitted that EU leaders had “decided that the document should be unreadable”, explaining that this would allow Gordon Brown to present the text to Parliament and say “look, you see, it's absolutely unreadable, it's the typical Brussels treaty, nothing new, no need for a referendum”.

Amato went on to admit that “Should you succeed in understanding it at first sight there might be some reason for a referendum, because it would mean that there is something new".

The author of the Constitution, Valery Giscard d’Estaing, has also drawn attention to the cynical nature of the process:

“Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly.” He stressed that “All the earlier proposals will be in the new text, but will be hidden and disguised in some way.” He also notes that "What was [already] difficult to understand will become utterly incomprehensible, but the substance has been retained… Why not have a single text? The only reason is that this would look too much like the Constitutional Treaty. Making cosmetic changes would make the text more easy to swallow." (Speech, 17 July)

Luxembourg’s Prime Minister Jean Claude Juncker indicated that Gordon Brown was right to play down the significance of the revised Constitution, arguing that voters in the UK could not be trusted with a referendum on the treaty: "I am astonished at those who are afraid of the people: one can always explain that what is in the interest of Europe is in the interests of our countries… Britain is different. Of course there will be transfers of sovereignty. But would I be intelligent to draw the attention of public opinion to this fact?" (Telegraph, 3 July)

(iii) The UK’s “safeguards” and opt outs are not new – and won’t work

The Government, caught off balance by the many “unhelpful” comments from the other member states, has now started to fall back on the line that even if other EU governments view the new “treaty” as identical to the Constitution, the UK remains a special case on account of a tranche of opt-outs, opt-ins, emergency brakes and other “safeguards”. 

But these safeguards are not new, and were in the original version of the Constitution - on which the Government promised a referendum.  For example:

- The “emergency brake” on some aspects of social security is not new

- The “opt in” arrangement in Criminal justice and Policing is not new

- Most of the so-called “safeguards” on the Charter of Fundamental rights are not new, although the text adds some words specific to the UK.

Indeed, in some ways the force of these safeguards has deteriorated since the original agreement in 2004.  The much-vaunted opt-in on justice and policing can now be circumvented by the Commission as a result of a controversial 2005 European Court of Justice ruling which means the EU is able to propose criminal sanctions in all areas of ‘Community competence’. At present, this competence is limited to ‘environmental crimes’. But the Constitution changes this through a huge extension of Community competence, meaning the UK would be unable not to ‘opt-in’, and therefore would have to participate in any criminal justice measure that the Commission feels is necessary to “ensure the full effectiveness of a Community policy”.

Richard Plender QC, who represented the UK in the case in question, told Open Europe, “There is no opt-in or opt-out under this judgment”.

In fact, the Government’s “safeguards” are designed to distract from the really big change in the Home Affairs field proposed by the Constitution, which is giving the European Court of Justice full jurisdiction over justice and policing.

This change clearly breaches previous promises - the Government themselves admitted that it was a big transfer of national sovereignty:

"The Government does not accept that we should agree to extend full ECJ jurisdiction over the very sensitive areas covered by the Third Pillar. These raise sensitive issues relating to national sovereignty — law and order and the criminal justice process.”

No one knows for sure what EU judges might do with their new powers.  On the Today programme on 14 June 2006 BBC Europe Editor Mark Mardell reported that if criminal justice was transferred to the first pillar: “A Commission spokesman was telling me, well we’d want to look at things like Belmarsh, can you hold foreign suspects indefinitely? The Commission don’t like it so Britain could get hammered.”

The Government also previously admitted that giving the court jurisdiction would mean many more costly appeals in immigration cases.  In November 2006 Geoff Hoon said: "there is clearly a risk that adding what is in effect an avenue of appeal at a very early stage in the process might be an opportunity of further complicating our existing asylum and immigration processes."

Likewise, the Government maintains that it has an opt out on the Charter of Fundamental Rights and that various safeguards will stop it from affecting UK law.

However, legal experts and even EU judges have said this cannot be an effective safeguard. Jacques Ziller, a professor at the European University Institute in Florence, said that the idea of one country opting out of the charter is “nonsense” and would quickly be challenged in the courts. Former EU Justice Commissioner Antonio Vitorino has questioned the legal basis for the British opt-out, whilst the Commission’s legal service expect that the British opt-out will be tested in the courts. EU Commissioner Margot Wallstrom has said the Charter will apply to large parts of British law. MEPs are also planning to sponsor early challenges to Britain's opt-outs. One told the Telegraph that "We are going to make sure that this issue is constantly before the European Court of Justice. There is 30 years of EU jurisprudence to say there can be no two-tier system of European rights."

Lib Dem MEP Andrew Duff has gone on the record to say that the special provisions for the UK look “flawed juridically. Regardless of the UK’s exclusion clause, the EU courts will be bound to develop jurisprudence in fundamental rights matters which steadily evolve into general principles of EU law which all member states must respect.” This scepticism over Britain being able to escape the jurisdiction of EU legal judgements when they refer to the Charter echoes concerns voiced by the legal advisor to the Commons European Scrutiny Committee, contained in a leaked memo sent to MPs.  Parliament’s legal advisor Michael Carpenter said that it was very unlikely that the protocol could stop the Charter affecting national law: "This is a high standard to set, and I doubt if what appears to have been agreed secures this result."

(iv) The timetable and the campaign for a referendum – watch this space

The decision to hand over to Brown just days after the outline agreement to reintroduce the Constitutional Treaty (the IGC mandate) pushed the issue aside, and the run of news since then (bombs, floods etc), has kept this issue from going critical for the Government so far.  But the pressure is set to increase dramatically this autumn.

The agreement of a final text will remove any remaining uncertainties.  Brown is likely to find some major point of the agreement to have removed – because at present the text is almost identical to the original Constitution – which would simply not be sustainable for the Government.

Key events

23 July                                    Launch of IGC

7- 8 September                     Foreign Ministers’ meeting

17-18 October                       Final agreement of text at European Council in Lisbon

October –                               Decisions on referendums in other member states

November                              Queen’s Speech – Parliamentary timetable set out

December – April ‘08            Legislation passing through Commons and Lords

The key period for the referendum campaign will be this autumn.  The Telegraph this week trailed the launch of a cross-party campaign for a referendum to be launched in the autumn.  A campaign document seen by the newspaper said that "The main focus has to be Brown and how we can raise the political cost of him not giving us a referendum and, conversely, raising the political benefit to him of giving people a vote."

It reported that: “The campaign, bringing together MPs, trade unions, business and organisations such as Open Europe, will fire the opening shots in Britain's "Constitution Wars" in the first week of September.” You can read more here: Telegraph

3) Take action now

The Telegraph has launched a petition for a referendum on the revised EU Constitution. Click on the link below to sign it.  Why not send the link on to your friends?  You can also sign up via forms which appear every day in the paper.

www.telegraph.co.uk/eureferendum

A separate petition appears on the 10 Downing St website. Click on the link below to sign it:

http://petitions.pm.gov.uk/EU-treaty-NON/

Write to your MP asking whether they support a referendum. You can even do it online at:

http://www.writetothem.com/

4) Other new research

Broken promises: Lessons from 10 years of the Blair Government in Europe

As part of its ongoing analysis of developments on the Constitutional Treaty, Open Europe has published a briefing which looks at the Blair Government’s record in Europe.  

The Government’s apparent U-turn on the referendum on the EU Constitutional Treaty is the latest in a long tradition of broken promises from the Government on its EU policy. Over the last ten years the Government has broken promise after promise about the way that EU integration would develop – from insisting that the Charter of Fundamental Rights would never become legally binding, to promising that the UK would never give up its veto on immigration policy, nor give away its rebate. In the new briefing we highlight 39 of the Blair Government’s most significant broken promises and missed opportunities, and argue that the time is now ripe for Gordon Brown to distance himself from this approach – starting by honouring the pledge to hold a referendum.

Click below to read the press release and briefing:

http://www.openeurope.org.uk/media%2Dcentre/pressrelease.aspx?pressreleaseid=49

Open Europe is also continually updating its analysis of the deal agreed by EU leaders at the summit in June, which suggests that almost all of the contents of the original EU Constitution are to be reintroduced in the “new” version of the Constitutional Treaty.  Click below to read the latest version:

http://www.openeurope.org.uk/research/byanyothername.pdf

5) News in brief

New polls in France, Sweden and Denmark show a majority in favour of a referendum.  A poll published in Le Parisien newspaper (reported in Le Figaro) has found that 57% of French people want a referendum on the new EU treaty.  A poll in Sweden for Dagens Nyheter has found that 67% of Swedes wants a referendum, and a Danish poll for Politiken has found that 53% of people there want a referendum – even if the Danish government declares that it does not involve a transfer of sovereignty as defined by their nine ‘red lines’.  Meanwhile, an article L'Humanité  titled "A referendum for the new EU treaty!" has called on French President Nicolas Sarkozy to hold a referendum on the new Constitutional Treaty. It argued, "This new 'simplified' treaty will have major and direct consequences for the lives of our citizens and our institutions.  This means that it must be put to a referendum... Democracy is not negotiable.”  It was signed by numerous left-wing MPs, MEPs, senators, regional councillors and mayors, including former ministers Paul Quilès and Jean-Claude Gayssot, and coincided with the launch of a pro-referendum internet site to support the initiative.

Barroso: EU is an empire. EU Commission President Jose Manuel Barroso has said of the EU: "We are a very special construction unique in the history of mankind. Sometimes I like to compare the EU as a creation to the organisation of empire. We have the dimension of empire." According to the Times, “Nervous aides to the former Portuguese Prime Minister inquired after his press conference whether this description might feature in British media reports.”  (Telegraph 11 July)

The EU is spending £3.8 billion a year on “propaganda” to win over its citizens. (Sunday Telegraph Times 2 July)

French government: we’ll use the Constitution to create a “hard core” in EU defence. On Bastille Day, President Nicolas Sarkozy oversaw a parade involving troops from all 27 European countries, in a break with the tradition of the French national celebration. Sarkozy said, “the basis for a European defence exists. We must make it grow. I want Europe to be capable of ensuring its security autonomously.” 

In an article in La Tribune French Defence Minister Hervé Morin said that the procession “is the proof of our willingness to relaunch European construction and to deepen defence Europe.”  He said, “Soon, a new institutional treaty will permit reinforced cooperation, notably in the area of defence, since defence Europe will move forward by using a hard core of countries which want to take on their own security. That implies giving substance to the spirit of European defence, reinforcing the Union’s headquarters, favouring the European framework for external operations, and developing concrete achievements (for example, the European gendarmerie force.)”(Le Figaro 16 July, La Tribune 19 July)

EU fraud round-up:

1) EU fund raided over multi-million euro fraud. The EU’s anti-fraud office OLAF has launched an investigation into the suspected embezzlement of millions of euros of aid destined for the developing world.  Investigators have seized documents from the Brussels-based Centre for the Development of Enterprise (CDE), the EU-funded body that supports the private sector in Africa, the Caribbean and the Pacific rim. They suspect that employees have been siphoning off taxpayers' money over several years to companies run by friends and relatives. The Centre's Director since 2005, Ahmed Sow, resigned after the investigation was launched. (Sunday Telegraph 16 July)

2) EU anti-fraud watchdog accused of irregularities and conflicts of interest.  The head of Olaf, the EU’s anti-fraud watchdog, is to be questioned by MEPs over allegations of conflicts of interest and irregularities in the way it operates. (FT 6 July)

3) EU fraud costing £1m a day. EU fraud is costing taxpayers more than £1million for every working day, an 11% increase on last year, according to figures from the EU Commission. (Express 10 July)

4) Romano Prodi in EU embezzlement inquiry. Italian authorities are investigating misuse of EU funds by figures close to Prime Minister Romano Prodi. (Guardian 16 July)

Commission admits EU arrest warrant being issued for trivial crimes - including theft of a piglet. A secret EU report has revealed that officials are concerned that the controversial European Arrest Warrants (EAW), requiring the arrest and extradition of suspects from one EU country to another, are being used for the extradition of people for minor offences - including possession of 0.45 grams of cannabis, the theft of two car tyres, and a single case of piglet rustling. The EU report admits that the arrest warrants are being used "disproportionately" to the seriousness of offences. (Telegraph 16 July)

EU damaging African fishing industry. Large commercial European trawlers have caused fish shortages and job losses in West African states. The EU has made large payments to numerous African governments in return for fishing rights in their waters, as European stocks having been exhausted through over-fishing. The Commission maintains that African countries are incapable of managing their own fisheries, and that European payment for these fishing rights is a necessary part of the development of the African fishing industry. (WSJ 18 July)

African Union blames EU for Darfur peacekeepers' missing wages. The African Union has said the European Union has not released the funding meant to cover the salaries of the mission in Darfur, contrary to comments by EU officials claiming otherwise. This has meant that AU troops have not been paid for the last four months. (Guardian All Africa 18 July)

BBC accused of pro-euro bias. The BBC has come under attack for the alleged pro-euro bias of Radio 4's Today Programme. It has promised to launch an investigation. (Telegraph 16 July)

EU rules lead to loss of 400 jobs. Hundreds of workers at Pork Farms look set to lose their jobs amid plans by the food manufacturer to move production to Nottingham to save its right to the Melton Mowbray name under EU laws. (PA, 13 July) 

6) Open Europe in the news

New EU Treaty is 96% of old Constitution

Mail EUobserver Guardian  de Volkskrant

Open Europe Director Neil O'Brien was quoted in the Mail and EUobserver arguing that "We never expected that they would simply bring back all the text from the old constitution. All they seem to have done is renumber the articles. From this point forward it's going to become absolutely impossible for Gordon Brown to resist a referendum, because this is almost exactly the same text that he promised a referendum on before. If Brown now tries to carry on pretending that this is somehow a different document, it will be one of the most audacious political lies in the last couple of decades."  The Guardian wrote “The pro-business Open Europe group said the new treaty was a ‘cut-and-paste constitution’”, and Dutch daily de Volkskrant also covered the story.

EU referendum drive targets Gordon Brown

Telegraph 19 July

The Telegraph reported that the forthcoming campaign for a referendum "will bring together MPs, trade unions, business and organisations such as Open Europe", and "will fire the opening shots in Britain's 'Constitution Wars' in the first week of September”.

Constitution deliberately ‘unreadable’

EUobserver Telegraph Dziennik 16 - 20 July 2007

An article in EUobserver, reporting on Italian former PM and current Interior Minister Giuliano Amato’s claim that the new Constitutional treaty was deliberately made ‘unreadable’, noted that his speech was recorded by Open Europe, and quoted Director Neil O'Brien as saying, "This is an extraordinary admission from someone who has been close to the negotiations on the EU treaty. The idea of just changing the name of the Constitution and pretending that it is just another complex treaty shows a total contempt for voters." Open Europe was also quoted in the Telegraph and Polish daily Dziennik.

Pace of reform slowing down in Bulgaria

Sofia Echo 17 July 2007

Open Europe's Hugo Robinson was quoted in the Sofia Echo arguing that the EU Commission’s recent progress report on Bulgaria “will not make comfortable reading. Ironically, with the objective of EU membership having been achieved, the incentive for making painful changes is blunted, meaning the pace of reform in new member states often slows down after EU accession. This appears to be happening in Bulgaria.”

Brown and Merkel meeting

BBC World Service 16 July 2007

Open Europe director Neil O’Brien discussed the Brown-Merkel meeting on the BBC World Service.

Charter opt-out ‘not worth the paper it is written on’

Telegraph, Sun, Telegraph 12 - 13 July 2007

The Telegraph quoted Open Europe’s Director Neil O'Brien as saying, "Trying to stop the charter changing our laws will be like trying to carry water in a sieve." The next day the Sun reported on comments made by legal experts in Brussels that the UK op-out on the Charter of Fundamental Rights is "potentially very thin,” and quoted Open Europe saying that "voters need the chance to decide." Meanwhile, reporting on EU Commissioner Margot Wallstrom’s refusal to “speculate” on how the ECJ will rule on the Charter in the UK and her claim that the Charter will be binding “for member states when they implement EU law, even if it does not apply to all of them,” the Telegraph wrote, “research from Open Europe, a think tank, suggests that EU judges will not be backward in coming forward to apply the charter."

Swedish government should rethink its approach to the new EU Treaty

Expressen 10 July 2007

Open Europe’s Mats Persson had an op-ed in Sweden’s biggest tabloid Expressen, arguing that Sweden is one of the member states that will lose most influence if the new Constitutional Treaty comes into force. He wrote, “The text that the EU’s leaders agreed on in Brussels is a step in the wrong direction. It will reduce Sweden’s influence in Europe, and risks undermining the government’s agenda both at home and abroad. The Swedish government has strong reason to rethink its uncritical approach to the treaty.”

EU fraud costing £1m a day

Express 10 July 2007

The Express reported that EU fraud is costing taxpayers more than £1million for every working day, and quoted Open Europe’s Neil O’Brien as saying: “The EU continues to lose vast sums of money to fraud. If the people in charge of the EU ­budget were running a business they would have been sacked years ago. The EU needs radical reform, not even more powers. The EU hasn’t had its accounts signed off for 12 years, and new problems seem to come to light every month. The EU’s failure to sort out its chronic problems makes it all the more vital that we have the referendum we were promised before we hand over any more powers.”

Brown’s “constitutional settlement”

Sunday Telegraph 9 July 2007

Christopher Booker, writing in the Sunday Telegraph, argued, "as the think-tank Open Europe and others have pointed out, it is truly astonishing that Mr Brown should begin his premiership, while promising to be 'open' with the British people, with a deceit so shameless as to make his predecessor look like an honest man." 

EU VAT plans

Express 6 July 2007

Reporting on the EU’s plans to shake up VAT rules, the Express quoted Open Europe warning, “if the EU forces through tax increases on everyday products such as nappies it is only going to add to the growing British frustration with Brussels.”

New Constitution’s defence provisions

Europolitique, 2 - 6 July 2007

An article in Europolitique, looking at the draft IGC mandate’s provisions for defence, quoted Open Europe warning that efforts already underway in this area risk duplicating NATO initiatives. It quoted Open Europe saying, "the arguments over the permanent structured cooperation group are much like those over the European Defence Agency - that the focus on harmonisation of forces within Europe will work to the detriment of cooperation with NATO," and went on to cite Open Europe’s Lorraine Mullally as saying "there is a danger of drawing the UK's commitments away from NATO”.

Juncker calls for UK public attention not to be drawn to sovereignty transfers in new treaty

Express 4 July 2007

Reporting on Luxembourg Prime Minister Jean-Claude Juncker’s assertion that there should be public debate on the revised Constitutional Treaty in every country apart from Britain, the Express quoted Open Europe as saying, “While other EU leaders have openly admitted that the new EU treaty will be virtually identical to the rejected EU Constitution, our Government is still trying to spin that it is not worth a referendum.” 

EU’s ‘non-emotive lexicon’ on terrorism

Express 4 July 2007

Reporting on an EU ‘lexicon’ for discussing terrorism in “non-offensive” terms, the Express quoted Open Europe arguing that “the EU’s so-called ‘non-emotive lexicon’ won’t do anything to stop dangerous extremists targeting Britain.’’

Referendum pressure builds

Sun, Telegraph, Telegraph 3-4 July 2007

An article in the Telegraph reported that “Open Europe served notice that anti-referendum MPs from all the main parties would face sustained pressure in their own constituencies in the coming months.” It quoted Lord Leach of Fairford, Chairman of Open Europe, as saying, "Gordon Brown should think twice before going back on his party's manifesto pledge to hold a referendum on a treaty that is the EU constitution in all but name. If he is serious about wanting to 'listen and learn' he should let the people have a say. We are building a formidable coalition to ensure that the Government keeps its promise." The article also cited an ICM/Open Europe poll which found that 86 per cent of voters want a referendum on the treaty while 43 per cent of Labour supporters would be "definitely less likely" to vote for Mr Brown if he refuses one.

Meanwhile on his blog Telegraph writer Dan Hannan described Open Europe as “the main outfit working to expose the grisly necromancy” of the revised Constitutional Treaty. The Sun quoted Open Europe Vice Chairman Derek Scott saying, "Gordon Brown has stressed his desire to listen and change and involve people in decisions. If he is serious about this, his first priority must be to honour the Government's promise of a referendum on the Constitutional Treaty."

Polacy nie chca euro

Gazeta Wyborcza 3 July 2007

Gazeta Wyborcza cited Open Europe’s pan-European poll, which suggested 70 per cent of Greeks, 60 per cent of Portuguese and 54 per cent of Germans want their old currencies back in place of the euro.