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The European Parliament has called for another Convention to embark on a general revision of the EU treaties. Drawing somewhat on the conclusions of the recent Conference on the Future of Europe, it submitted its formal proposal to the Council in June 2022.[1] The Council is now in breach of its treaty obligation to transfer the Parliament’s proposed amendments to the European Council (Article 48(2) TEU). But although the Parliament is well within its rights to take the Council before the European Court of Justice for failure to act, it does not do so. Instead, it winds itself up in a protracted effort to draft a more comprehensive catalogue of treaty changes.[2] A plenary vote is scheduled for July 2023.[3]
One may be forgiven, however, for doubting that a Convention will happen. Parliament itself struggles to be coherent; the Commission is mute; and the Council is divided. Beyond the Parliament, there has been no official preparation for a Convention. There is precious little substantive discussion of constitutional change in academic and think-tank circles.[4] In this respect, the EU is less prepared to indulge in a major and complicated round of treaty revision than it was in 2001 when the Laeken Declaration was blessed by the European Council. At the very least, it would seem wise for today’s heads of government to set up an autonomous group of reflection to discuss the mandate for a Convention and prepare options for treaty amendment.[5] Yet even this route, for which there is ample precedent in the history of the Union, does not seem popular.
If there is to be no Convention, therefore, is there an alternative viable approach to updating the Treaty of Lisbon? A slimmer reform agenda would certainly be more manageable than a Convention, and quicker to accomplish. In this paper, we propose five key amendments intended to avoid constitutional stalemate, to enhance the efficacy of the Union’s decision-making, and to strengthen the legitimacy of its institutions. While falling short of the wider treaty revision, these amendments are all timely and would be transformative in and of themselves. The Union would have strengthened its constitutional framework, readying itself for economic and political challenges to come.
The five surgical strikes on the Treaties proposed here concern electoral reform, future treaty methodology, extending the qualified majority vote (QMV), installing a new category of affiliate membership, and enhancing Union competence in the field of health....
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