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		The EU Constitution by any other name Tuesday, 26th June 2007 First analysis shows Blair has given in across the board An analysis of the deal agreed by EU leaders at today’s summit suggests that almost all of the contents of the original EU Constitution are to be reintroduced in the “new” version of the constitutional treaty. The Open Europe analysis highlights at least 40 areas where the contents of the new constitutional treaty are the same as the EU Constitution - which was overwhelmingly rejected by French and Dutch voters in 2005. Old constitutional treaty “New” constitutional treaty Institutional changes EU President EU President Majority voting in Foreign Policy Majority voting in Foreign Policy EU diplomatic service EU diplomatic service EU Foreign Minister EU Foreign Minister [“High Representative of the Union for ForeignAffairs and Security Policy”] A self-amending treaty for the first time. No more treatiesor referendums A self-amending treaty for the first time. No more treaties or referendums Sweeping new powers for the European Court of Justice over home affairs Sweeping new powers for the European Court of Justice over home affairs European Parliament electing the president of the Commission European Parliament electing the president of the Commission The end of one commissioner per country The end of one commissioner per country Near-meaningless protocol on national parliaments Totally meaningless protocol on national parliaments A ‘division of competences’ that means more and more power for the EU A ‘division of competences’ that means more and more power for the EU Single legal personality for the EU Single legal personality for the EU A European Public Prosecutor A European Public Prosecutor Safeguards on “enhanced cooperation” removed Safeguards on “enhanced cooperation” removed New powers of veto for the European Parliament in 40 new areas New powers of veto for the European Parliament in 40 new areas The Charter of Fundamental Rights Charter of Fundamental Rights made legally binding with face-saving fudge to stop it changing UK law Charter of Fundamental Rights made legally binding with face-saving fudge to stop it changing UK law Social security, the economy and public services Increased EU powers over social policy and more coordination of social security Increased EU powers over social policy and more coordination of social security New EU powers over economic coordination New EU powers over economic coordination New EU powers over employment policy New EU powers over employment policy End of veto on employment law for self-employed workers End of veto on employment law for self-employed workers New EU powers over trade policy and investment New EU powers over trade policy and investment End of the veto over the ECB’s powers of financial regulation End of the veto over the ECB’s powers of financial regulation Formalisation of the eurogroup and an increase in its powers Formalisation of the eurogroup and an increase in its powers New EU powers over public health New EU powers over public health New EU powers over public services New EU powers over public services Home affairs: justice, police and migration New EU powers to harmonise civil and criminal laws and legal procedures New EU powers to harmonise civil and criminal laws and legal procedures EU powers to define criminal offences and set minimum sentences EU powers to define criminal offences and set minimum sentences Increased powers for Europol Increased powers for Europol Enabling Eurojust to initiate investigations of EU citizens Enabling Eurojust to initiate investigations of EU citizens New powers for the European Court of Justice over asylum and immigration New powers for the European Court of Justice over asylum and immigration End of the veto on legal migration End of the veto on legal migration A legal basis for a common asylum and immigration system, and moves towards a single system A legal basis for a common asylum and immigration system, and moves towards a single system Other foreign policy and defence changes A commitment to “the progressive framing of a common defence policy” A commitment to “the progressive framing of a common defence policy” The “structured cooperation” group in defence The “structured cooperation” group in defence A new mutual defence commitment A new mutual defence commitment Vetoes abolished in other areas End of the veto over transport End of the veto over transport End of the veto over energy End of the veto over energy End of the veto over space policy End of the veto over space policy End of the veto over science policy End of the veto over science policy End of the veto over sport End of the veto over sport End of the veto over the yearly budget End of the veto over the yearly budget The full analysis is available at http://www.openeurope.org.uk/research/byanyothername.pdf Open Europe Director Neil O’Brien said: “When you look at the detail of what has been agreed, it is clear that this is just the old EU Constitution in everything but name.”  “The mandate for the negotiations even states simply that ‘the amendments as agreed in the 2004 IGC will be inserted into the Treaty’.” “As the draft stands today, it is almost no different to the original Constitution.  When the Government argue that this is an ‘amending treaty’ they are right in one sense – but it is amending the EU Constitution, not the previous treaties.” “Tony Blair’s last outing in Europe has been an exercise in massive spin and deception. The Government has tried to whip up totally non-existent row about tax policy.  Its red lines have been so vague that it is literally impossible for them not to be met.  Meanwhile the UK Government is signing up to a whole raft of proposals it previously opposed. Blair and Brown will claim victory, but it rings utterly hollow.” “The Government promised again and again that the Charter would not be legally binding.  Now they say it will be. To save face they have agreed a fudge which they hope will stop EU judges from changing our national laws.  But EU judges have already said that it will change our laws despite this.” “The Government’s spin will fool no-one.  This is the same EU Constitution under a different name, and the Government must keep its promise to hold a referendum.”