European issues
n°636
21st June 2022
Conference on the Future of Europe: the complex
implementation of high ambitions
Eric MAURICE
On 9 May after a year’s work the Conference on the
future of Europe delivered its conclusions to chart
the way for a "new, effective and more democratic
Europe (...) sovereign and capable of acting", to
quote one of its co-chairs, Guy Verhofstadt (BE,
Renew).
The Conference, which was an unprecedented
exercise in participatory democracy at EU level,
involving citizens, experts, representatives of the
institutions and politicians, will only have achieved
its objective if Europe, and in particular its Member
States, follow and appropriate at least part of its
recommendations. A first discussion is taking place
at the European Council on 23 and 24 June, whilst
the Parliament has already expressed its position
and expectations.
While a debate on the timeliness of revising the
treaties was quickly launched around a few strong
measures such as the abolition of unanimity when
taking certain decisions, the questions raised by the
Conference mainly concern the content and purpose
of European policies and the participation of citizens
in the definition and development of these policies.
Initiated before the Covid-19 pandemic, launched
and conducted between different phases of health
restrictions, and concluded in the midst of the war
in Ukraine, the Conference is both a review of the
European project at a time of profound change as
well as a call for its renewal. It is therefore fitting to
examine its proposals and the possibilities of their
implementation.
The Conference on the Future of Europe was
suggested in March 2019 by French President
Emmanuel Macron in his letter to Europeans, to "to
propose all the changes our political project needs,
with an open mind, even to amending the treaties".
The idea was taken up by the President of the
European Commission, Ursula von der Leyen, with
the support of the Parliament. Delayed by lengthy
discussions between institutions on its functioning,
and then by the pandemic, the Conference opened
on 9 May 2021 under the joint presidency of the
Parliament, the Commission and the Council.
In a joint declaration, the presidents of the three
institutions stressed that this was a "citizens-focused,
bottom-up exercise" exercise and pledged to "listen
to Europeans and follow up the recommendations
made during the Conference". By including citizens
in a broad institutional debate, the European Union
has aimed to strengthen its democratic legitimacy
and reinforce the link between the institutions and
citizens. The Conference was based on the principles
of inclusion, openness and transparency, and on
the respect for European values. This complex
mechanism was designed to cross perspectives by
multiplying scales and actors.
A total of 6,465 events were organised in the 27
Member States, with 652,532 participants. An
online platform in all official languages registered
five million visitors, with 52 346 active participants
sharing 17,671 ideas and leaving 21,877 comments.
National citizens' panels were held in six countries:
Belgium, France, Germany, Italy, Lithuania and the
Netherlands. Four thematic panels, comprising 200
randomly selected Europeans, were organised and
produced 178 recommendations. These were assessed
and synthesised by the Conference plenary assembly,
FONDATION ROBERT SCHUMAN / EUROPEAN ISSUES N°636 / 21ST JUNE 2022
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Conference on the Future of Europe: the complex implementation of high ambitions
which was made up equally of representatives of the
three institutions and representatives of national
parliaments, as well as citizens and representatives
of the social partners and civil society. This final
report was drafted by an Executive Board of nine
representatives from the Parliament, the Commission
and the Council, in collaboration with the Conference
plenary. In total, the Conference conclusions contain
more than 320 measures divided into 49 proposals on
nine main topics.
Areas Number of proposals Number of measures
Climate change and environment 6 57
Health 4 24
Stronger economy, social justice and employment 6 61
The EU in the world 8 42
Values and rights, rule of law, security 6 24
Digital transformation 5 40
European democracy 5 35
Migration 5 16
Education, culture, youth and sport 4 24 49 326
The distribution of the proposals of the Conference on the Future of Europe
A PLAN FOR AN IDEAL EUROPE
Through their proposals, the participants in the
Conference have outlined a project for a Europe that
would be more ecological, social and democratic,
intervening more directly in daily life and in national
political frameworks. The measures proposed are,
for the most part, in line with the priorities already
expressed or implemented by the Union, but they go
further. “The EU needs to be more than an economic
union. Member States need to show more solidarity
towards one another. We are a family and should
behave as such in situations of crisis”, say the citizens'
representatives, who believe that the Union “needs to
be bold and act fast to become an environment and
climate leader”.
This ambition is reflected in particular in the demand
for greater political and financial investment to
reduce dependence on oil and gas imports, including
through the consideration of "geopolitical and security
implications, including human rights, ecological
aspect and good governance and rule of law, of all
third country energy suppliers,” (proposal 3.2), and
to develop more sustainable and accessible European
and local transport networks. It is also reflected in
collective objectives such as common minimum health
standards at European level (proposal 10.1) or the
promotion of employment and social mobility to allow
people "to have a full chance of self-realisation and
self-determination” (proposal 13.9). This ambition
is also reflected in the proposals to strengthen the
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Conference on the Future of Europe: the complex implementation of high ambitions
European data protection model (proposal 26) or to
step up the combat against disinformation, including
through a “review of the media business model” to
ensure their integrity and independence (proposal
27.1).
In this quest for an ideal Europe, the Conference has
therefore not hesitated to call for a more dirigiste
Union, which would, for example, introduce "coercion
and reward system to tackle pollution applying the
polluter pays principle” (proposal 2.2) or reduce
subsidies to “agricultural mass production” and
redirect them towards “environmentally sustainable
agriculture” (proposition 30.3). Delegates also
requested the European Union "not to compromise on
welfare rights (public health, public education, labour
policies)" (proposal 14.2), and make it "mandatory for
children to reach competence in an active EU language
other than their own to the highest possible level.”
(proposal 48.2). It would also like the European Union
to take steps to "to guarantee that all families enjoy
equal family rights in all Member States”, including
the right to marriage and adoption for all (proposal
15.5).
While the proposed measures as a whole tend towards
an increased Europeanisation of policies and means
of action, they also reflect a demand for regulation
that is surprising in view of the criticism traditionally
levelled at the Union, moving away from the “big on
big things, small on small things” initiated by the
Commission. The Conference also hopes to see the
European Union “promote a plant-based diet on the
grounds of climate protection and the preservation
of the environment" (proposal 6.8), "develop at EU
level a standard educational programme on healthy
lifestyles” (proposal 9.2), and to protect pedestrians
and cyclists by “guaranteeing road safety and by
providing training on road traffic rules" (proposal 4.7).
STRENGTHENING COMPETENCES AND
INSTITUTIONS
The vast majority of the Conference's proposals,
particularly in the fields of the environment and
energy, digital technology, the economy and social
affairs, correspond to a deepening of existing policies,
so as to increase their scope or accelerate their
effects. However, the participants in the Conference
recommended deepening Community integration in
areas identified as important in tackling the current
crises or strengthening Europeans' sense of belonging.
This is the case for health, the environment, education
and foreign policy. This deeper integration would be
achieved either by extending the European Union's
competences or by strengthening its institutions and
agencies.
For example, the Conference calls for "health and
health care" to be included among the competences
shared between the European Union and its Member
States, "in order to achieve the necessary coordinated,
long-term action at Union level" (proposal 8.3).
As noted during the COVID-19 pandemic, to date
the European Union has only enjoyed a supporting
competence[1] in terms of public health and shared
competence in a limited number of areas, such as
the improvement of public health, the prevention
of diseases and physical health hazards, the fight
against “major health scourges” and the monitoring
of serious cross-border threats to health[2].
The Conference proposes the establishment of new
shared competences in the field of education, which
is currently only a supporting competence, with a
view to enabling the creation by 2025 of "an inclusive
European education area within which all citizens have
equal access to education". Participants requested
this change “at a minimum in the field of citizenship
education” (proposal 46.1), including climate change
and environmental education (proposal 6.7), and
data protection (proposal 26.3). This extension of
Community competence would lead to increased
cooperation on national, regional and local school
programmes. The implementation of these new
competences would imply the modification of article 4
TFEU, which specifies the areas concerned. Similarly,
it proposes strengthening the EU's competences in
the field of social policies (proposal 14.1) as a way of
moving towards 'full' implementation of the European
Social Rights Framework adopted in 2017.
[1] This means that the European Union cannot legislate
but can support, coordinate or complement the action of the
Member States.
[2] Article 168 TFEU.
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Conference on the Future of Europe: the complex implementation of high ambitions
For the Conference participants, the strengthening
of the Community institutions is a corollary of the
enlargement of the European Union's competences.
One of the most important proposals is to give the
Parliament a right of legislative initiative (proposal
38.4), and the right to “decide” the budget like
national parliaments do (proposal 38.4). This last
proposal, which would allow the Parliament to
amend the Multiannual Financial Framework and not
just approve or reject it as is currently the case, is
contested by the Council, which considers that it does
not emanate from the citizens, and the members of
the citizens' panels, who point out that they have not
had enough time to study it - implying that it has
been introduced by the Parliament.
As a logical consequence of the increased
communitarisation of policies reflected in these
proposals, the end of unanimity voting in the Council
is one of the other strong measures recommended
by the Conference. Delegates believe that “All issues
decided by way of unanimity should be decided by
way of a qualified majority[3]”, allowing decisions on
the accession of new States or on the modification
of fundamental principles to be the “only exceptions”
(proposal 39.1). In particular, they mention the
common foreign and security policy (proposal 21.1)
and fiscal policy (proposal 16.1). Without giving further
details, they suggest that qualified majority voting
should be used for decisions on "themes identified as
being of 'European interest', such as environment”.
MORE INVOLVEMENT ON THE PART OF THE
CITIZENS
The Conference, which was designed as the most
ambitious exercise in involving citizens in the
definition of future European policies, resulted in a
series of proposals to strengthen the role of citizens in
decision-making. It even proposed the establishment
of a European Charter for citizen contribution to
European affairs, based on its recommendations
(proposal 36.11). In view of creating “a full civic
experience” for Europeans, the Conference proposes
three types of measures: for better involvement in
the decision making and life of the institutions; for
greater mobilisation; for institutions that are closer to
the people.
A first proposal is to give citizens a greater role in
the choice of the President of the Commission, either
through direct election or through the continuation of
the system of lead candidates (spitzenkandidaten),
whereby the candidate of the leading party in the
elections is appointed by the European Council and
then elected by the Parliament (proposal 38.4).
Implemented in 2014 with the election of the European
People's Party (EPP) candidate Jean-Claude Juncker,
this system was challenged in 2019 by the European
Council, which rejected Manfred Weber (DE, EPP) and
proposed Ursula von der Leyen to the Parliament's
vote. It is still a strong claim made by Parliament.
The Conference also proposes a direct vote by
citizens in referendums to be held in the European
Union, “to be triggered by the European Parliament,
in exceptional cases on matters particularly important
to all European citizens". (proposal 38.2). However,
such referendums should only be held in “exceptional
circumstances” due to their cost.
Upstream of the decision-making process, the
Conference suggests, without going into detail,
strengthening cooperation between legislators and
civil society organisations (proposal 36.10). It also
recommends the establishment of citizens' assemblies
drawn by lot based on representativeness (proposal
36.7). Established on a legally binding basis, they
would be held every twelve to eighteen months
with the participation of experts and could issue
recommendations which the institutions would be
obliged to follow, unless they could justify not doing so.
More generally, the Conference suggests that citizens'
participation processes should take place in association
with civil society organisations, regional and local
authorities, and EU bodies such as the European
Economic and Social Committee and the Committee
of regions (proposal 36.5). It also suggests a “Youthcheck” of legislation if this is likely “to have an impact on them” (proposal 36.9), which would involve an impact assessment and a consultation mechanism
[3] A text can only be adopted in the Council if it gets the votes
of at least 55% of the Member States (i.e. 15 out of 27), representing at least 65% of the Union's population.
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FONDATION ROBERT SCHUMAN / EUROPEAN ISSUES N°636 / 21ST JUNE 2022
Conference on the Future of Europe: the complex implementation of high ambitions with young people’s representatives. As with most
of the proposals, few details are provided on the
modalities of implementation or their content, which
are more of a suggestion than a concrete proposal.
In addition, the Conference suggests measures to
strengthen the exercise of democracy at European
level and to increase the mobilisation of citizens in
European elections and, more broadly, in debates
on the Union's policies. It believes that granting the
right to vote at 16 years of age in European elections
“should be discussed and considered” (proposal 47.2).
The challenge lies in harmonising national legislation
across the Union, since the voting age for European
elections has already been lowered to 16 in Austria,
Malta and Belgium, and to 17 in Greece.
The Conference would like to see "some MEPs elected
through a European Union-wide list" (proposal 38.3).
This proposal, which takes up long-standing discussions
between European parties, is in the process of being
integrated since the Parliament adopted on 3 May
draft legislative act which provides for the election of
28 MEPs in a new EU-wide constituency. The draft now
has to be unanimously approved by the Council and
then formally adopted by MEPs and Member States. A
final set of proposals aims to help citizens to feel more
European and to know the Union better. This would be
based on the strengthening of 'Europe Houses' and
other EU contact points at local level, or the creation
of local EU advisors (proposal 36.6). As a continuation
of the Conference's work, delegates suggested the
creation of a "user-friendly digital platform" on which
citizens could "share ideas, put forward questions to
the representatives of EU institutions and express
their views on important EU matters and legislative
proposals". (proposal 36.3).
In a more original way, there is a proposal to create
an EU fund that would encourage online and offline
interaction, such as exchange programmes, panels or
meetings, competitions, of varying duration between
EU citizens (proposal 37.6). The proposal does not,
however, specify the themes that could be covered
by the fund.
MEASURES APPLICABLE TO THE TREATIES AS
THEY STAND
In a first analysis in the conclusions of the Conference
on 17 June, the European Commission divided
measures that could be taken in response to the
Conference into four categories: existing initiatives
that take account of the proposals, such as the
European climate law; those already proposed and
currently being discussed by the Council and
Parliament, such as the new migration pact; planned
actions that may take account of the reflections of the
Conference, such as legislation on media freedom;
and new initiatives or areas of work inspired by the
proposals, which fall within the competence of the
Commission, such as mental health issues.
Many of the recommendations made by conference
participants can be implemented without treaty reform.
For example, many of the measures proposed to
combat global warming and protect the environment,
or concerning external policy, do not require treaty
reform, but changes in policy line or the deepening
of certain policies. “There is already a lot we can do
without delay,” promised the Commission President
on 9 May. However, this requires a shared political will
between the Member States, the Commission and the
Parliament. Some proposals which involve areas in
which the treaties are vague could be implemented via
the establishment of what can be called “constitutional
convention” which would bring new practices into the
political and institutional functioning of the Union.
This is the case of the Spitzenkandidat system
(proposal 38.4), which already stems from a wide
interpretation of article 17.7 of the TEU. This could
also be the case for a shift "towards voting for Unionwide lists, or ‘transnational lists’” (proposal 38.3),
if candidates in the European elections campaigned
more, or even exclusively based on their membership
of a European party rather than a national party.
The Conference's key proposal is that the general
changeover to qualified majority voting in the Council
can be carried out without opening a procedure for
the revision of the Treaties. It is in fact possible
through the so-called passerelle clauses provided for
in article 48.7 TEU, which allows for the introduction
FONDATION ROBERT SCHUMAN / EUROPEAN ISSUES N°636 / 21ST JUNE 2022
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Conference on the Future of Europe: the complex implementation of high ambitions of qualified majority voting "in a given area or case”.
This procedure is not without its difficulties, however,
as the abandonment of unanimity in the Council must
be decided unanimously in the European Council and
submitted to the national parliaments. In a resolution
adopted on 9 June, the Parliament proposes to
circumvent this obstacle by establishing the adoption
of passerelle clauses by qualified majority instead of
unanimity.
A NECESSARY REVISION OF THE TREATIES
In addition to the extension of the Union's
competences in the fields of health, education and
climate, a certain number of the measures proposed,
particularly in the field of European democracy,
require a revision of the treaties, the extent of
which will depend on the political choices of Europe's
leaders.
This applies to the establishment of a European
referendum (proposal 38.2), the direct election of
the President of the Commission, the granting of
the right of legislative initiative to the Parliament
(proposal 38.4); the revision of the mechanism for
the examination of legislative proposals by national
parliaments and the possibility for them to propose
European legislative initiatives (proposal 40.2). The
proposal (39.3) to rename the Commission as the
"Executive Commission of the Union" and the Council
as the "Senate of the Union" could not be done
without changing the treaties.
Other proposals, imprecise as they stand, may also
require a revision of the treaties depending on how
they are implemented. This is true of the idea of
"giving further consideration to common borrowing
at EU level" (proposal 16. 5), if it means maintaining
the achievements made in 2020 during the pandemic
with the €750 billion European recovery plan.
This is also true of proposal 23.1, which provides
for "joint armed forces that shall be used for selfdefence purposes and preclude aggressive military action of any kind”. The longer-term objective of electing the Parliament from purely pan-European
or transnational lists would require changes to
the Treaty on European Union, which specifies the
number of elected members per Member State.
REQUESTS BY PARLIAMENT
Although it concerns only a minority of the measures
recommended by the Conference, the revision of the
treaties is the most debated issue because it is the
most cumbersome in institutional terms and the most
perilous from a political standpoint. Traditionally in
favour of developing the Union's primary law to further
Community integration and strengthen the powers
of the institutions, particularly its own, Parliament
has already asked the European Council to initiate a
revision procedure via the call for a convention.
The Convention, comprising representatives of
the national parliaments, the Heads of State or
Government of the Member States, the Parliament
and the Commission, is provided for by article 48 TEU
as part of the ordinary revision procedure. It examines
draft amendments that aim to “to increase or reduce
the competences conferred on the Union in the
Treaties” and adopts by consensus a recommendation
to a Conference of Representatives of the Member
States. This conference must, in turn, agree on the
amendments to the Treaties, which must then be
ratified by all Member States.
Another procedure exists, called simplified revision,
which only involves amendments to Part Three of the
TFEU regarding “Union policies and internal actions”
The European Council takes a unanimous decision
which is then ratified by the Member States. This
procedure may be necessary depending on the extent
of the decisions taken to implement the Conference's
recommendations, particularly in the fields of
environment, energy, transport and economic and
social policies.
In its resolution to the European Council, the
Parliament lists the changes it would like to see
introduced into the treaties, in addition to granting
itself the right of initiative and full co-decision on the
budget, it wants to “adapt” the Union’s competences,
“especially in the areas of health and cross-border
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Conference on the Future of Europe: the complex implementation of high ambitions
health threats, in the completion of the energy union
based on energy efficiency and renewable energies
(...), in defence and in social and economic policies”.
It is calling for the European Social Rights Base to
be “fully implemented” and for social progress to be
integrated in article 9 TFEU which sets out the social
requirements of the European Union. It proposes to
introduce into the Treaties references to strengthening
the Union's competitiveness and resilience, and
to supporting investment in the "just, green and
digital" transitions. It is calling for revised treaties to
strengthen the procedure to protect the values of the
European Union and to specify “the determination and
consequences of breaches of fundamental values”.
RETICENT MEMBER STATES
The heads of the other two institutions have
adopted a more cautious position. The President of
the Commission, who will present her proposals in
September at the State of the Union speech, has
committed to follow up on the Conference's work
"either by using the full limits of what we can do within
the Treaties, or, yes, by changing the Treaties if need
be", while recalling how her institution has responded
to recent crises " with the powers that already exist".
French President Emmanuel Macron, whose country
is chairing the Council until 30 June, has said he
supports the opening of a convention, while noting
that it will be necessary to “define our objectives
very clearly because you have to start a convention
knowing where you are going”.
The revision of the treaties, whether ordinary or
simplified, and the activation of the passerelle clauses,
are only possible if the Member States in the Council
and their respective parliaments are unanimous.
However, thirteen Member States[4] have warned in
a joint document, that they are against amendments
that are “unconsidered and premature” which might
“drawing political energy away” from real issues such
as the quest for solutions in response to the citizens
and the management of geopolitical challenges that
Europe is now facing. Among these thirteen reluctant
countries are the Czech Republic and Sweden, which
will successively be presiding over the Council from
1 July until 30 June 2023 and would, in this capacity,
be responsible for leading the work on revising the
treaties. Conversely, six Member States[5] have
declared themselves "in principle open to necessary
treaty changes that are jointly defined”.
The European Union could therefore move towards
a targeted and strictly controlled revision of the
treaties, while examining which features amongst
the 326 measures that have been put forward can be
implemented without engaging in lengthy institutional
discussions. However, intense debate between the
Member States and between the co-legislators,
Council and Parliament can be expected regarding
whether the treaty changes requested by each of
them are indispensable.
MEETING EXPECTATIONS
Beyond the thorny question of the scope of the revision
of the treaties, the institutions and the Member States
should agree on a set of measures likely to fulfill a
more or less significant part of the Conference's
proposals. On the one hand, because the legitimacy
of future decisions will be strengthened if they are
based on the requests made by the citizens; on the
other hand, because these requests largely converge
with the plans of European leaders. A study by the
Parliament's research department, estimates that 37
of the 49 proposals converge partially or significantly
with the priorities identified by the European Council.
Convergence has increased significantly since the
pandemic and the war in Ukraine has prompted the
European Union to accelerate the dual transition from
climate change to digital technology, while developing
new strategies in the areas of health, industry and
economic convergence.
The long-term outcome of the Conference will depend
on the responses that are given and whether they are
in line with the priorities expressed by the citizens.
The war in Ukraine, started by Russia on 24 February
2022, just as the last citizens' panel was finishing its
work, has changed European citizens' perceptions. A
Eurobarometer survey published on 15 June shows
[4] Bulgaria, Croatia, Czech
Republic, Denmark, Estonia,
Finland, Latvia, Lithuania, Malta,
Poland, Romania, Slovenia,
Sweden.
[5] Germany, Belgium, Spain,
Italy, Luxembourg, Netherlands.
FONDATION ROBERT SCHUMAN / EUROPEAN ISSUES N°636 / 21ST JUNE 2022
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Conference on the Future of Europe: the complex implementation of high ambitions
Publishing Director : Pascale JOANNIN
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that defence and security have become the main
priority in 2022 for 34% of respondents, although
the issue is not well developed in the Conference
conclusions. But the following priorities, the EU's
autonomy in energy supply (26%), managing the
economic situation (24%), environment and climate
change (22%) and unemployment (21%), are widely
expressed in the Conference proposals.
In its analysis on 17 June, the Commission warns
against any type of “re-interpretation or selection” of
the proposed measures but does not commit itself to
the direction to be taken. To ensure continued support
from citizens, it plans a "conference feedback event"
in the autumn. This gives Member States time to
consider what new features they would be prepared
to accept.
Eric Maurice
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