Re: Dawn of a new EU - European Conservatives and Reformists Group springs into life
If the aim of the ECR is to steer the EU away from its default direction of a full-blown federation, does David Cameron's post-election plan (if fully implemented) constitute enough protection to ensure that Britain ends up as part of a confederation (even if other members might might be more correctly termed federal entities)?
http://www.telegraph.co.uk/news/worl...l-it-work.html
David Cameron's plan to save Britain from the EU's clutches: will it work?
Conservative leader David Cameron has set out a six point plan to preserve British sovereignty within the European Union. What are his prospects of success?
by Bruno Waterfield in Brussels
Published: 8:45AM GMT 08 Nov 2009
The six point plan set out by David Cameron last week was intended to preserve British sovereignty within the European Union now that the Lisbon Treaty - designed to streamline the EU and increase its powers now it has 27 members - has finally come into force.
There is no point, he argued, in holding a referendum after the event on something that was already law.
But what do his proposals add up to, and what prospect do they have of success?
THE REFERENDUM LOCK
What David Cameron has proposed
No future treaty which transferred powers away from Britain to the EU could become law without first being approved in a referendum.
Mr Cameron would enshrine this in UK legislation by amending the 1972 European Communities Act, the constitutional legislation that gives EU law supremacy over British laws.
This would make Britain like Ireland, the only European member state currently required to submit new EU treaties to a referendum.
The reform would also include "a legal lock" requiring a referendum before any British government could take Britain into the euro.
How could it be done?
The reform is within a future prime minister's gift because it requires merely legislation in the House of Commons. Any other government could reverse it again with equal ease, however, so long as MPs agreed.
But it would not satisfy Tories who want a referendum about the EU sooner rather than later - such as David Davis, the former shadow home secretary, who wants a Conservative government to call a poll on clawing back powers from the EU during its first three months in office.
EU diplomats and officials are relaxed about the "referendum lock", noting that it presents no imminent danger to European integration because everyone expects a pause now the Lisbon Treaty is law. "No one is against adding bells and whistles on this, or more of a say for national parliaments," said an official from a large EU member state. "After Lisbon there will be no new treaties for at least 10 years."
Verdict: Easy to deliver and risk free, because it is unlikely to be put to the test until 2020 or later.
A UNITED KINGDOM SOVEREIGNTY BILL
What David Cameron has proposed
An incoming Conservative government would use its first Queen's speech to table a UK Sovereignty Bill, to enshrine constitutionally the supremacy of the British parliament over encroachments from the EU.
"Unlike many other European countries, Britain does not have a written constitution," said Mr Cameron. "Given the increasing amount of EU law with which we have to deal, we would amend the law... to make it explicit that ultimately Britain's parliament is sovereign."
The Tories have compared the proposal to Germany's situation where its Federal Constitution, known as the basic law, is guarded by a powerful supreme court against all comers.
How could it be done?
Passing the legislation would be simple enough, though constitutional purists might debate the finer points. But what if a government tried to put it into practice?
EU officials and diplomats point out that it would overturn the entire principle of the EU and decades of supremacy of European legislation over British law.
The Tory claim that Germany currently has greater constitutional protection than Britain is suspect. In fact no national constitutional court, including that of Germany, has challenged the primacy of EU law in 45 years.
When it appeared, in 2000, that German constitutional law appeared to conflict with a European Court of Justice ruling over the right of women to join the armed forces, Germany got round the problem by changing its constitution to conform.
In effect, countries cannot be inside the EU club if they don't submit to the rules. Refusal to do so would be seen as a clear signal that a country was preparing to withdraw.
Verdict: A symbolic crowd pleaser, but any real challenge to EU supremacy would plunge the Tories into a full blown European crisis.
A GUARANTEED SAY FOR MPS IF MINISTERS WANT THE EU TO EXTEND ITS POWERS
What David Cameron has proposed
Under the Lisbon Treaty, leaders of member states can agree together to transfer new powers piecemeal from national governments to Brussels without the need for a new treaty or the trouble of a referendum.
Mr Cameron has promised "full parliamentary control" over such measures.
He is particularly concerned about two separate "bridging clause" provisions within the Treaty - known in EU jargon as "passerelles" - that could allow the EU to scrap the national veto in all remaining policy areas where it still applies, except defence. Policy could instead by decided by majority voting on the European Council, where ministers meet as the EU's governing body.
Another "ratchet clause" permits the rules to be changed more easily to scrap national vetoes.
The Lisbon Treaty requires parliamentary consent of all member states before EU powers can be extended this way. The Government proposes a mere 90 minutes of debate among MPs. Mr Cameron would insist on formal legislation - and thus a much more thorough discussion.
How could it be done?
A simple Act of Parliament would ensure that this proposal became law and tied the hands of future governments. A different government might try to reverse it, but that would be a difficult proposition to sell.
Verdict: An easy domestic reform that will please MPs across all political parties without upsetting any Europeans.
OPT-OUT FROM CHARTER OF FUNDAMENTAL RIGHTS
What David Cameron has proposed
A plan to negotiate a "complete opt-out" from the Charter of Fundamental Rights, which guarantees certain civil, political, economic and social rights for all those within the EU - including the "right to strike".
Britain already has an opt-out, negotiated by Tony Blair. But Mr Cameron says it does not go far enough.
Currently a British exemption is secured by a "protocol" - like an agreed footnote - to the Charter, stating that it cannot be enforced in the UK courts. But this is no more than a clarification, says Mr Cameron, and is not itself enforceable.
"We must be absolutely sure that this cannot be used by EU judges to reinterpret EU law affecting the UK," he said.
EU officials say this is a fake solition to a false problem - as the Charter is designed to apply only to EU institutions and legislation, not to those of member states.
How could it be done?
To put this into practice would need new legal wording which would be technically difficult to get right - and the agreement of all 26 other EU member states, which would be politically and diplomatically tricky.
Verdict: Difficult. Another symbolic opt-out is possible but might be resented and other member states will block anything that damages the Charter's intended EU role.
RETURN OF POWERS OVER CRIMINAL JUSTICE
What David Cameron has proposed
The Lisbon Treaty extends to the EU new powers over justice and policing legislation. Until now, all governments had to agree to any new EU laws in these areas but from 2013 and EU judges will have the final say over such topics as extradition and the European Arrest Warrant.
A temporary arrangement allows Britain to "opt in" on a case-by-case basis but Mr Cameron says Britain needs better protection. "This would protect against EU judges extending their control over our criminal justice system," he said. "We also want to ensure that only British authorities can initiate criminal investigations in Britain."
How could it be done?
Now it is getting harder. Such a change would require a full amendment to the Lisbon Treaty - and that would need consent of all EU members.
Mr Cameron would face opposition from the many EU governments and police forces which have come to rely on closer EU cooperation on justice. He will also face opposition from senior British police officers who favour the EU extradition powers that Mr Cameron is threatening to block.
Verdict: Unlikely, as no other EU countries want to reopen the Lisbon Treaty and Mr Cameron can not change anything without all 26 agreeing.
"REPATRIATION" OF CONTROL OVER SOCIAL AND EMPLOYMENT LEGISLATION
What David Cameron has proposed
Restore British control over areas of social and employment legislation that were ceded to Brussels decades ago - governing matters such as maternity leave, the working week and the rights of part-time workers.
Mr Caneron argues that some of the legislation has damaged the economy, while the Working Time Directive hampers the provision of public services like the fire service and the NHS.
How could it be done?
Any "repatriation" of social legislation to Britain would require a change to the Lisbon Treaty - and merely to open the debate within the EU, Mr Cameron would need the support of most member states.
Other EU governments regard allowing Britain to ditch regulations and social protections that are in place elsewhere in Europe as giving unfair competitive advantage.
Verdict: The hardest of all to achieve. A Tory government would have to give something substantial in return - most likely the loss of national sovereignty in other politically unacceptable areas such as taxation.
Two additional questions:
1. Is the above achievable in your opinion?
2. and if he cannot secure all of the above, could he still say he had achieved his objectives of protecting Britain as a sovereign entity, i.e. does he have some wiggle room to persuade a skeptical electorate that he had lived up to his promise?
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