The Treaty establishing a Constitution for Europe is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:
“The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called “Constitution”, is abandoned.”
The Government expect the new Reform Treaty to contain extensions of Qualified Majority Voting (QMV) under 50 Articles. However, the number of extensions that will apply to the UK will be significantly less than 50. We expect 13 extensions will not apply to the UK. Nine of these relate to Justice and Home Affairs (where we have secured an extension of our existing opt-in mechanism). Three relate to the euro (where our opt-out applies). One relates to social security (where we will have an emergency brake including a veto power).
Existing areas of policy activity moved from unanimity to QMV
1. Immigration and frontier controls (UK opt-in)
2. Judicial co-operation in criminal matters (UK opt-in)
3. Minimum rules for criminal offences and sanctions (UK opt-in)
4. Eurojust (structure, operation, field of action and tasks) (UK opt-in)
5. Police co-operation (data sharing and training) (UK opt-in)
6. Europol (structure, operation, field of action and tasks) (UK opt-in)
7. Social security (measures to facilitate free movement of workers) (emergency brake including a veto power)
8. Co-ordination of provisions for self-employed persons (measures to facilitate self-employment in other member states)
9. Transport (removes existing limited derogation)
10. Culture (incentive measures to promote cultural awareness and diversity)
Existing institutional/procedural measures moved from unanimity to QMV
11. Appointment of European Central Bank executive board (UK opt-out)
12. Comitology (rules enabling member states to oversee the Commission’s exercise of its implementing powers)
13. Financial regulations (rules on budgetary and accounting procedures)
14. Specialised courts (establishment of specialised first instance courts)
15. European Court of Justice statute
16. Amendments to certain parts of the statute of the European System of Central Banks
17. Presidency of Council configurations (arrangements for rotation)
Existing areas of policy activity where there is a new specific legal base subject to QMV
18. Use of the euro (UK opt-out)
19. Measures relating to the broad economic guidelines and excessive deficit procedure (applicable only to eurozone members) (UK opt-out)
20. Border checks (establishment of integrated management system for external borders) (UK opt-in)
21. Mechanism for peer review of member states’ implementation of policies in the Justice and Home Affairs (JHA) area (UK opt-in)
22. Crime prevention (UK opt-in)
23. Implementation of own resources decisions
24. Provisions enabling repeal of the aspects of an Article related to state aids policy and the effect of the past division of Germany
25. Procedure for entry into the euro
26. Provisions enabling repeal of an Article on transport policy as it affects areas of Germany affected by its past division
27. Authorisation, co-ordination and supervision of intellectual property rights protection
28. Services of general economic interest (clarification of EU rules/principles applying public services)
29. Diplomatic and consular protection
30. Humanitarian aid operations
31. Energy (measures on energy markets, energy security and energy saving)
32. Tourism (promotion of competitiveness and best practice)
33. Civil protection (assistance to prevent or protect against natural or man-made disasters)
34. Implementation of solidarity clause (assistance, if requested, in the event of a natural or man-made disaster)
35. Urgent financing of Common Foreign and Security Policy (CFSP) measures (start up measures for ‘Petersberg’ tasks)
36. Urgent aid to third countries
37. Aspects of the Common Commercial Policy (definition of general framework for its implementation)
New areas of EU policy activity subject to QMV
38. European Research Area (removal of barriers to free flow of research)
39. Space policy (measures to promote joint initiatives and research and development)
40. Sport (incentive measures to promote sport)
41. Administrative co-operation (capacity building measures)
42. Membership of structured co-operation in defence (procedural issues relating to its establishment)
New institutional/procedural measures subject to QMV
43. Election of European Council President
44. Appointment of High Representative of the Union for Foreign Affairs and Security Policy
45. Council review of general rules on composition of the Committee of the Regions and European Economic and Social Committee
46. Citizens’ initiatives (petition procedure)
47. Principles of European administration (staff regulation measures)
48. Negotiation of withdrawal agreement
49. Judicial appointments panel (composition and operation)
50. Role of the High Representative of the Union for Foreign Affairs and Security Policy in CFSP implementing measures (measures proposed by the High Representative following a specific request from the European Council)