Sunday, September 02, 2007

The Reform Treaty, the UK and the Referendum Issue

I've been following with interest some of the press debate about the growing controversy in the UK about whether there should be a referendum as part of the ratification process for the anticipated Reform Treaty. There is almost no nuanced discussion of the Treaty (well draft Treaty) itself, but rather the usual rantings of the antis and the pros in the different camps. In fact, because the UK's approach to the Reform Treaty negotiations has been such as effectively to create a separate treaty for the UK (see the comments by Jim Murphy Europe Minister), that the Treaty has - for very different reasons - attracted almost as much opprobrium on the part of the federalists as it has on the part of the the euro-sceptics. Moreover, the UK Government has also managed to mobilise some sections of the union camp in favour of a referendum, because of its mealy-mouthed approach to the issue of the scope and effects of the Charter of Fundamental Rights. Perhaps it's a vote winner with business in the UK; it certainly seems to have raised the hackles of some of the unions.


It is undoubtedly the case that the format chosen for the Reform Treaty, which will be a treaty amending and - in the case of the EC Treaty - renaming the existing treaties, which produces a result which is remarkably like the Four-Part-Constitutional-Treaty, except this will be Two Treaties and a bunch of Protocols (plus a whole raft of further protocols and declarations which would have been appended to the Constitutional Treaty anyway) is a problem. The big difference, as everyone points out, is that the Reform Treaty is shorn of the constitutional symbols so beloved of Giscard d'Estaing, which gave the Constitutional Treaty some of the veneer of a Big C Constitution, even if it had little of the content one might anticipate for a measure which would change the constitutional nature of the current EU, which is a hybrid mixture of intergovernmentalism and supranationalism. But the problem of the format is that it appears shifty and an attempt to do something by the backdoor, as Michael Bruter comments. Voters can react negatively to that sort of approach on the part of politicians, because they assume that they (the politicians) have something to hide.


I say **almost** no nuanced comment, but I have found a few things which are definitely worth reading and worth linking to; papers by George Schopflin in OpenDemocracy, an editorial in the Financial Times, penned - one suspects - by the peerless Peter Norman, a thorough fisking of what appear to be the arguments put forward by pro-referendum Labour MPs by EULawBlogger; an honest attempt at a Q & A/FAQ by the BBC. And now today a lengthy editorial in the Observer which has attracted a reasonably good set of comments. But there has been little else.


What interests me most is whether there is any sort of intellectually reputable argument in favour of a referendum on the Reform Treaty, based on an underlying claim for democratic legitimation, as seems to be the argument underpinning the regular references to the Reform Treaty (but sadly, no accompanying analysis) from the good folks at Our Kingdom. Unaccountably, however, they leaven their posts with regular references to leaders and articles in the Daily Telegraphy, a newspaper which is certainly **not** well disposed to the EU generally, and for whom the Reform Treaty represents, as it does for Cameron, another stick to beat the Labour Party and Gordon Brown over the head with. A progressive democrat would need to find some references points for his or her argument other than the Daily Telegraph for me to begin to be convinced that there exists some sort of foundational democratic argument for a referendum on a Treaty which will not affect the way we are governed anywhere near as much as the Single European Act and the Treaty of Maastricht.

79 Comments:

Anonymous Fergus O'Rourke said...

You may be correct that, viewed in isolation, the latest draft treaty is less significant than Maastricht and the SEA. But is it appropriate to so view it ? It *does* bring us closer to a United States of Europe, after all. (I am not necessarily of the view that that is a bad idea in itself). And just because the citizenry were not consulted on the SEA or Maastricht does not make it proper to deny them again: three wrongs do not make a right,

2:43 pm  
Blogger Jon Worth said...

Good analysis as ever, but realpolitik would seem to show that the entire debate about democratic legitimacy is the other way around.

Blair promised a referendum on the European Constitution (and Labour has held referendums on things as insignificant as creating a directly elected Mayor in Hartlepool). This Treaty contains the substance of the Constitution. Hence a referendum is inevitable.

It's all horribly depressing.

8:43 pm  
Anonymous eulawblogger said...

But it doesn't contain the substance of the Constitution. Apart from about 15-20 other substantive changes to the text, most of which limit the shift of power to the EU in one way or another, and the removal of the cosmetic 'trappings' of a Constitution, the Reform Treaty also contains wholly new opt-outs for the UK as regards the Charter of Rights and as regards policing and criminal law proposals. This is significant because the changes to the area of policing and criminal law in the draft Treaty are bigger by far than any of the changes which the Treaty would make to any other area of law.

In my view the British public have been told so many lies about the EU and about this Treaty (by both sides, but by the critics of the EU more than by its supporters) that a referendum would be a charade.

2:24 pm  
Anonymous Anonymous said...

It's a Constitution, it along with the other 6 treaties takes away almost all of our sovereignty, its been planned for decades..Mass immigration to destroy national Identity and our Political System is now a complete and utter Farce..


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Anonymous Referendums Are Nice said...

The fact that a referendum debate would be a farce in the UK goes without saying. However the same argument was made regarding the Constitutional Treaty - there was this idea that if you did anything other than vote Yes you would be destroying the EU. Why does this have to be so? Why can't those of us who quite support the EU (or at least the current version of it) say look, No, take this treaty back and address the real issues (ie what your average person cares about), stop the window dressing and the grand declarations and so on.

I don't agree with Ken Clarke, this is not the same as Maastricht - though that treaty was by far more significant, the nature of this treaty amendment at the end of the day boils down to what direction the EU should be going in. The "citizens" of the EU should have a say. I for one hope the Irish save us all and vote NO.

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Anonymous Anonymous said...

Yes
Lisabon Treaty= it´s not a treaty (compromiss= sign that and law to hell= incongruent for instance union, "false goodwill without substance" and free market echonomy.
and it committes and work= the compromise it and make a technocrtic state that only serves bad fruit, incompetens and NOT democray (the spirit= good ideas)
the are a threat to it all, overpad and stupid (definition of satan)
as your brown pm

federalists, yes= a people wih ideas should NEVER SIGN SOMTHING LIKE THIS -like I arguied on swedish blogs

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Anonymous Anonymous said...

simply read a few sentences (it don´t make sense)

- immaterial rights= and dignity of humnity (for intance cloning= stem cells? probably not but the issue)
proctor of reptils in us

- regulations = it dont work so - climate (the do the opposite as a swedish politician said)
much worse than bush he say it openly, no one can say wolf in a sheeps clouth -
they are, and it´s bad fruit, in every issue perhaps say 40% stupidty that dont serve the world

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