In November, the European Parliament adopted a resolution on amending the Treaties of the European Union, which had been prepared by the Committee on Constitutional Affairs (AFCO). Gabriele Bischoff (S&D) and Guy Verhofstadt (Renew), among others, were in charge of reporting. The discussion in plenary was highly controversial, which is understandable given that this is one of the most far-reaching proposals of recent years. In the truest sense of the word, it addresses decisive features of the EU. The different perspectives are reflected in the voting behaviour. The resolution was adopted with a narrow majority of 291 votes in favour, 274 against and 44 abstentions.

The ball is now in the court of the heads of state and government. The European Council must decide whether to assemble a Convention under Article 48. After all, unanimity is required in the Council for an actual amendment of the Treaties. The upcoming Belgian Council Presidency has already announced its intention to draw up a roadmap for reform. A framework programme for the next EU Commission is to be completed by June 2024. This will make it more difficult for Member States to refuse to engage in a reform debate.

Living democracy and driving social progress
The aim of the EU Parliament's report is to promote a more democratic Union. As the only directly elected EU institution, the European Parliament claims that its right to have a say should be significantly strengthened. It is demanding the full right of initiative in legislative procedures. It also wants to be able to decide on the Multiannual Financial Framework (MFF). Further competences in key areas such as climate protection, energy and healthcare are to be added.

In future, the European Commission should be referred to as the "European Executive". This alludes to its role primarily as an executive body. Furthermore, the number of commissioners is to be limited to 15. Instead of the ratio of one commissioner per member state, a rotation principle between the EU states is to be introduced. The President of the Commission is also to be appointed by the EU Parliament in future.

The Council is to become more transparent. In future, Member States should publish their positions on legislative issues and should no longer negotiate behind closed doors. One important point is the abolition of the unanimity principle, which is still applied in seven areas. These include the Common Foreign and Security Policy, the harmonisation of national legislation in the area of indirect taxation, the EU budget (MFF) and the harmonisation of national legislation in the area of social security and social protection. Instead, the principle of qualified majority voting, which is already applied in most areas today, is to be fully extended. This would prevent states from blocking important projects with their right of veto.

Two points that AK particularly welcomes relate on the one hand to the strengthening of the role of the social partners in the preparation of initiatives and on the other to the inclusion of the Social Progress Protocol in the Treaties. The latter is essentially about fundamental social rights taking precedence over market freedoms in the event of a dispute. This would also safeguard trade union rights and expand the social dimension of the internal market.

Revitalising the debate on Treaty amendments
The last reform of the EU Treaties took place in 2007. Following the rejection of the draft European Constitution, the agreement process for the Treaty of Lisbon was also controversial. Now the topic of Treaty reform, which was considered difficult, is being taken up again. Firstly, the Conference on the Future of Europe, the results of which were presented in May 2022, has brought this topic back to the fore. The final report contained recommendations regarding a more democratic organisation of the EU and a social progress protocol. Secondly, the debate on the enlargement of the EU has gained new momentum as a result of the Russian war of aggression against Ukraine. This can become a catalyst for far-reaching changes. An EU with up to 35 member states will have to look different.

According to rapporteur Gabriele Bischoff, the global context also requires Treaty adjustments: "The world is evolving and our institutional architecture and decision-making processes in the EU are not fit for purpose if we want to stay relevant as a global player. This week we are setting out how we can amend the Treaties to increase the EU's capacity to act." From AK's point of view, the reform debate is to be welcomed. If we want to create a more democratic, socially fairer and environmentally more friendly Europe, there will be no getting round changes to the EU Treaties.

Further information:
EU Parliament: Future of the EU: Parliament’s proposals to amend the Treaties
EU Parliament: Proposals of the European Parliament for the amendment of the Treaties (resolution)
AK EUROPA: European Social Progress Pact – Alternative to the liberalist constitution of the EU single market
AK EUROPA: Citizens Forum on Social Europe with AK President Renate Anderl
A&W Blog: Der soziale und ökologische Umbau braucht eine neue Wirtschaftspolitik und eine umfassende Reform der EU (Social and ecologial restructuring requires a new economic policy and a comprehensive reform of the EU (German only)
European Policy Centre: Raising the stakes on constitutional reform: The European Parliament triggers treaty change