Speech
European Parliament Committee on Constitutional Affairs 01 September 2009
Cecilia Malmström, Minister for EU Affairs
Speech to the European Parliament Committee on Constitutional Affairs
Mr Chairman, Honourable Members,
As a former Member of the European Parliament, it is always a great pleasure for me to come back and meet old colleagues and new members. It is also an honour to be here today and speak to this Committee that I, myself, was a member of for a number of years.
I would like to begin by congratulating Mr Casini on his appointment as new Committee chair. You have an exciting time ahead of you, and I know it will be marked by important decisions, but also interesting and challenging discussions in the Committee.
I would also like to take this opportunity to congratulate all MEPs on their election to a new term of office at the European Parliament.
The election in June was a milestone in the history of European cooperation. Twenty years on from the dramatic spring of 1989, which paved the way for Europe's reunification, citizens in 27 Member States went to the polls simultaneously for the first time.
Who would have imagined during the campaign for the European election in June 1989 - despite the fact that the revolutions had already begun in Central Europe - that just two decades later citizens from East and West would have the right to freely elect their representatives in a joint, democratic parliament?
This is an amazing development and one that is worth celebrating. However, things are not all rosy. There is the issue of low turnout.
In my country, just over 45 per cent voted in this year's European election; this is a sharp increase from 2004. Despite this rise, I am still a long way from being satisfied, as more than half of the population actually decided to abstain from voting.
I am also concerned about the situation in several other Member States, where turnout took a further drop compared to the election five years ago. The situation is particularly worrying in some of the new Member States.
I think that we who are committed to European politics need to think carefully in order to find answers to the question of why so many people choose to forgo their right to vote; and we need to reflect on how we can generate more interest in the European elections of the future.
I understand that your work on a proposed amendment to the 1976 Electoral Act is expected to continue this autumn, and I will be interested to see what conclusions you reach in your report on how participation in elections can increase in the future.
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The Swedish Presidency comes during a time of major challenges, a time in which the citizens expect Europe to deliver, and quite rightly so.
This is a matter of dealing with the financial crisis together and tackling the rising unemployment that is currently affecting all Member States. And it is a matter of us all doing our bit and bringing together the whole world to tackle climate change.
These two priorities will dominate our Presidency and they constitute an ambitious agenda. However, this is also an opportunity for the EU to strengthen its competitiveness, help to create new jobs and contribute to sustainable development and a better environment.
As you are well aware, the coming six months will be marked by institutional change and renewal. As members of the newly elected Parliament, you will decide on a new Commission President and approve a new Commission.
There is still uncertainty over whether the Treaty of Lisbon will be able to enter into force during the Swedish Presidency. If this does happen, we will need - over a short period of time - to implement major institutional changes and ensure a smooth transition to the new Treaty.
For us to succeed with the tasks ahead, it is important that the Council and the Parliament work side by side, and I'm looking forward to close and trusting cooperation with you during the coming months. We will do our best to be available for dialogue on the work of the Council.
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To start with, I will briefly go through the Presidency-s priorities, before moving on to institutional issues.
The programme of the Swedish Presidency is based on the 18-month programme that we previously presented with our French and Czech colleagues. Our vision is one of a strong and effective Europe that takes as its point of departure people's everyday lives. We want to achieve results in many different areas, while looking out for the interests of the entire Union and focusing on EU citizens.
Our aim is for the EU to emerge from the financial crisis in a stronger position. We must continue our work to rebuild trust in the financial markets and quickly put in place effective controls so as to avoid similar crises occurring in future. We must lay the foundations for long-term solutions for sustainable growth that secures jobs and welfare, even in times of increased global competition.
Here, the message of the Presidency is clear: only through greater cooperation and a strong internal market that is open to the rest of the world can Europe emerge from this crisis in a stronger position.
Climate change is our generation's greatest challenge. There's no time to lose, it's up to us to take action.
But the EU cannot combat climate change on its own. It is essential that a global agreement is reached in Copenhagen in December. A step in the right direction was taken at the G8 summit when, for the first time, it was accepted that a two-degree ceiling for global warming be set. But this was just a small step along the way. A number of critical problems must be solved in the international negotiations. This is why we have to work hard this autumn to develop our position so that the EU can play a leading role in negotiations.
The Swedish Presidency is also striving to achieve a safer and more open Europe where individuals' rights are protected. Our aim is that a new multi-annual cooperation programme in the area of justice and home affairs - the Stockholm Programme - will help to give the EU better tools to strengthen the fight against human trafficking and other organised crime. This programme will also pave the way for greater cooperation on migration and asylum issues.
We also want to strengthen the EU's role as a global actor with a clear agenda for peace, development, democracy and human rights. Continuing the enlargement process is of strategic importance to ensure peace and progress in a united Europe.
As you know, greater transparency is a priority issue for Sweden. I hope that you have visited the Presidency website, where we hope to make Europe as clear and easily accessible as possible for citizens. Not least in light of a fall in election participation, it is crucial that the public be given more insight.
We are particularly interested in the current review of Regulation 1049 on public access to documents, and we hope to be able to reach a satisfactory agreement on this issue during our Presidency. Even though this issue is being dealt with by the LIBE Committee, I know that you are also following it with great interest.
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In June the European Council agreed on legal guarantees for Ireland and to unanimously nominate José Manuel Barroso for new Commission President. In addition, the European Council confirmed its wish for the Treaty of Lisbon to enter into force before the end of the year.
The decision on legal guarantees for Ireland clarifying the relationship of the Treaty to the Irish constitution; the EU's powers in the area of taxation and Ireland's policy of neutrality; and the declaration on workers' rights and social policy were all important steps on the path towards getting the Treaty of Lisbon in place.
The Irish Government played a constructive role in the process of adopting these texts. The decision is legally binding and takes effect on the same day that the Treaty of Lisbon enters into force. Its provisions will also be given the same legal status as a treaty when the next accession treaty is signed.
It was very important for Ireland to have the guarantees in writing so as to be in a better position to explain the contents of the Treaty ahead of the referendum being held on 2 October. These texts do not entail any additions of substance, they simply reaffirm the contents of the Treaty of Lisbon.
At its meeting in June, the European Council also pointed out that an agreement was reached in December that, if the Treaty of Lisbon enters into force, a decision will be made to retain the current policy of appointing one person from each Member State to the Commission. This issue is also important to the Irish people.
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The ratification of the Treaty of Lisbon is extremely important for future EU cooperation. The Treaty has so far been given final approval by 23 Member States. In Poland, the Czech Republic and Germany the national parliaments have approved the Treaty, but certain steps remain in the ratification process. We are now waiting with interest to see the result of the referendum in Ireland next month.
The provisions of the Treaty of Lisbon will make the EU more transparent, efficient and democratic, and also more influential in the international arena.
In particular, this will mean important reforms for the European Parliament, such as making co-decision a general principle in legislation. In addition, the Parliament will have greater influence over the budget.
National parliaments will also have an important new role to play in the EU legislative process. These are reforms that will deepen democracy in the EU and that could do a great deal to increase the citizens' trust in European cooperation.
We have followed with interest the debate in the European Parliament on the entry into force of the Treaty of Lisbon, and we have read the resolutions that have been adopted in this area. I would like to thank the Constitutional Affairs Committee for the important reports by Jo Leinen, Jean-Luc Dehaene and Elmar Brok.
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The Swedish Presidency is ready to carry out the preparatory work necessary to ensure a smooth transition to a new Treaty.
This involves, above all, ensuring that the decisions required on the day the Treaty of Lisbon enters into force can be taken, so that the new Treaty can be applied in practice from the very start. We attach great importance to dialogue with the European Parliament on these issues.
On certain points it is necessary for the Council and the European Parliament to agree. One such issue is how to deal with proposals for legal instruments in the areas where co-decision is introduced and where the legislative process has already begun but is not completed before the Treaty of Lisbon enters into force.
If the Treaty of Lisbon enters into force, the question of how quickly the additional 18 MEP's from twelve different Member States can be installed will arise.
The European Council has made statements about this in its conclusions from December and June. The Presidency will do what is required to adopt transition measures as soon as possible so that this change can, if possible, enter into force by 2010.
Whether the formalisation of the introduction of these extra seats occurs during the Swedish Presidency depends, however, on when the Treaty of Lisbon enters into force, as the decision can only be taken after this date.
I am, of course, pleased to hear that the European Parliament intends to grant observer status to the MEP's concerned once the Treaty of Lisbon has entered into force and before the decision on transition rules has begun to apply.
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Another issue that I know you have been following with great interest is the establishment of the European External Action Service (EAS), which will be led by the High Representative.
If the EU has a common foreign service that is shared between the Commission and the Council, this will do a great deal to strengthen the role of the EU globally. The conditions would be created for enabling the different tools that we have at our disposal - security and defence policy, enlargement, neighbourhood policy, trade policy and development policy - to pull in the same direction and thus ensure continuity in the EU's relations with the rest of the world.
The Council will take decisions on how the foreign service is to be organised and how it will function after listening to the European Parliament and following approval from the Commission. The Presidency is striving for the European External Action Service to be established as quickly as possible once the Treaty of Lisbon has entered into force.
Another issue brought up by the Treaty of Lisbon is what form the role of President of the European Council is to take. The Treaty makes clear what this person's duties are. He or she is to lead and move forward the work of the European Council, as well as be an outward representative for the EU in certain cases. The aim of this reform is to make the work of the European Council more effective.
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So what happens if the Treaty of Lisbon cannot enter into force or if it is delayed for a long period of time?
I hope, of course, that this will not be the case. But if it is, work in the EU will continue on the basis of the Treaty of Nice. This is the worse option in every respect and not preferable for those who want to see a more open and democratic Europe. But this is the treaty we would then have to build on and work with as best we can.
If this were the situation, then I think it would be even more important to exhaust the options provided in the current Treaty for effective work in various policy areas. This applies, for example, to work on combating climate change or the fight against organised crime.
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Let me also say a few words on the appointment of a new Commission.
It is important for a new Commission to be quickly installed so that important processes that are currently under way do not come to a halt. If the institutional conditions are not in place, we cannot look to the future and find solutions to the major challenges Europe is facing.
I hope, therefore, that the European Parliament can decide to approve Mr Barroso as President of the new Commission during its September session. After the Irish referendum, we will be able to move forward with the process of appointing a new Commission.
As you are aware, we don't yet know how many members the future Commission will be made up of. If the Treaty of Lisbon enters into force, the Commission will comprise one commissioner per Member State.
However, if the Treaty of Nice continues to apply, the number of commissioners will be lower than the number of Member States. It is therefore only when the Treaty of Lisbon enters into force that the Council can adopt a list containing one commissioner per Member State.
Once the Council has submitted its proposal for members of the Commission, the European Parliament can begin its hearings.
Because of the unusual circumstances this autumn, it will not be possible for a new Commission to take over when the current Commission's mandate expires on 1 November. Therefore, the current Commission will continue as acting Commission for a limited period of time.
This has happened several times in the past. However, this is an exceptional situation. For this reason, both the Council and the European Parliament, which is responsible for appointing the Commission, have a responsibility to actively ensure that a new Commission is in place as quickly as possible. Only then can Europe move forward and seriously begin to tackle the important issues that await over the next five years.
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If the Treaty of Lisbon enters into force, a High Representative for the Common Foreign and Security Policy will be appointed. The High Representative will also be Vice President of the Commission with responsibility for foreign relations. He or she must, therefore, also be approved by you within the parameters of the collective decision taken by the European Parliament on the Commission.
The Presidency will contact the European Parliament ahead of the appointment of the High Representative, who will take on his or her position in all its functions on the same day as the Treaty of Lisbon enters into force. However, the High Representative will not take on his or her role as president of the External Relations Council and chair of third country meetings until the end of the Swedish Presidency.
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Finally, I would like to mention that the Presidency is planning two formal meetings with the European Council, one on 29-30 October and another on 10-11 December. Institutional issues will be the focus of the meeting in October; new political appointments will also be presented. But we will probably also need to deal with institutional issues at the summit in December.
As you all know, we have an autumn full of challenges ahead of us. Hopefully a new Treaty will soon be in place, which will create the conditions for an efficient and effective EU that is more accessible for the citizens and where democracy is substantially strengthened.
In order for the Treaty to function as intended, there is a need for extensive preparations, which we as Presidency cannot manage alone. At the same time, several key posts are to be filled and a new Commission is to be appointed.
Getting all of this to fall into place is a joint task that requires huge commitment from both the Council and the Parliament. I know that the new Parliament stands ready to shoulder this responsibility, and this is why I look forward to extensive cooperation with this Committee and the rest of the Parliament over the next six months.
I look forward to an interesting discussion and I will try to answer your questions as best I can.
Thank you.

