Politics of fear to fill EU constitution vacuum

Terrorism, crime and environment scares will be key to EU moves to boost Brussels powers in the absence of a European constitution.

Leaked internal documents and recent speeches indicate that widespread public fears over eco-crises and crime will be harnessed in a bid to overcome the EU institutional vacuum.

Existing European treaties allow key decision making areas to be transferred to the EU – if governments agree.

The European commission, in a document to be unveiled on May 10, is to recommend that such bridging clauses are triggered.

Such moves could be controversial among voters, such as the Dutch, concerned over creeping EU powers and among member states.

Confidential commission documents also reveal that Brussels may consider backing breakaway groups of EU members ready to cooperate in the absence of a constitution.

The linkage of EU institutional questions, stalled by last year's French and Dutch referendum rejections of the constitution, to public fears is regarded as critical by commissioners.

Crime and terror

Speaking on Monday, commission president José Manuel Barroso signalled that Brussels would push for new justice powers – and would marshal public fears on security to do so.

“Security is increasingly becoming a concern of people in Europe. But it is a concern that is accompanied by a feeling of certainty that… the most effective response in the field of security is the European response,” he said in Lisbon.
 
“People are asking for ‘more Europe’ in order to combat terrorism and organised crime. It is our duty to respond to this appeal, with or without a constitution.”

Barroso will propose that inter-governmental decisions on internal security, known in Brussels jargon as the “third pillar”, be transferred to the EU.

“It is the intention of the European commission to propose to [EU leaders] that they exploit to the full the headroom available to them under the present treaties to transfer to the community a large number of the decisions in the fields of justice, freedom and security that can be dealt with more effectively at European level than at national level.”

“The commission will then formally propose that specific measures under the third pillar… will fall within the remit of the community,” he said.

Senior commission officials have indicated that justice will be in the frontline of EU bids to boost the policy scope of European institutions.

Pushing the boundaries

Key developments since September 11 2001 attacks on the US and March 11 2004 bombings in Madrid have seen a raft of EU justice measures, such as a European arrest warrant and data surveillance laws, passed.

Officials are confident that many members states – such as the UK – are ready to allow the EU to fast track new legislation.

The European treaties allow powers to be transferred to decisions by EU votes in councils of ministers by unanimity.

Such “passerelles” can be difficult in terms of overcoming resistance from member states but the commission hopes fear of terrorism can help break deadlock.

Another key area for the commission is the environment, another policy area subject to strong public fears.

Eco-fears

An internal commission document, seen by the European Voice, highlights the policy area amid growing “environmental awareness”.

“There will be increasing public pressure for more effective environmental action,” states an April 21 environment department note.

“Security concerns (linked to pollution scares, environmental terrorism, water or resource shortage, climate change related disasters or migration) will be on the increase.”

The commission is concerned that as public fears grow, EU unity could be in short supply as Europe expands to 27, and possibly more, members without a constitution.

“This greater variety of contexts may lead to increased tensions as regards the objectives of EU environment policy between member states that will want a pause in environmental efforts… and others that favour an ambitious environmental agenda,” states the paper, also seen by this website.

Both increased use of European decision-making and small coalitions of EU willing, “enhanced cooperation”, is envisaged to get round last year’s French and Dutch constitution rejections.

“The EU will need to contain centrifugal forces. But the way to do this will crucially depend on whether or not the constitution’s main provisions… will have been adopted,” says the paper.

“The solutions may span from increased use of regulation (unpractical… if majority rule not extended) to enhanced cooperation (e.g to promote environmental tax reform).”

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