Type: Acts of the European Union: European Council's Conclusions

Authority: European Authorities - European Union: European Council

Date: 06/23/2007

Subject: The European Council decided to abandon the idea of a Constitutional Treaty and to convene an Intergovernmental Conference before the end of July. The IGC is asked to draw up a "Reform Treaty", amending the existing Treaties, on the basis of a specific mandate. This Treaty introduces partially the innovations resulting from Constitutional Treaty, but with formal and substantive changes. The 27 EU leaders also debated the following issues: developments of Justice and Home Affairs, economic, social and environmental issues and EU external relations.

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Notices: According to the European Council’s draft mandate the EU Charter of fundamental rights will not be part of the Treaties, although a revised article regarding the protection of fundamental rights will recall the Charter and will recognise its legally binding force. This solution is not very satisfactory because the visibility of the text is strongly reduced. The Charter will be part of a Protocol annexed to the Treaties and its perception by the European citizens will not be immediate. Another element of weakness is the position of United Kingdom. The rights contained in the Title Solidariety of the Charter will be justiciable, in so far as the United Kingdom has provided for such rights in its national law. Finally Poland’s unilateral Declaration is debatable. According to this declaration, “the Charter does not affect in any way the right of Member States to legislate in the sphere of public morality, family law as well as the protection of human dignity and respect for human physical and moral integrity". These provisions might lead to a different application of protection of fundamental rights, which are the values of the EU. The indication that the EU could acceed to the European Convention of Human Rights, which has been maintained, is a positive element.