During his presidency of the European Parliament, Pat Cox was involved in four major developments of the EU institutions: the Convention on the Future of Europe, the Intergovernmental Conference (IGC), the Constitutional Treaty and the Statute of Members.
The Convention on the Future of Europe
Enlargement highlighted the need for the EU to adopt new rules. It was therefore decided to hold a Convention on the Future of Europe to draw up such rules.
"Enlargement makes the reform of our Institutions an imperative, but that reform is already indispensable if we are to rekindle support for European integration and heighten respect for our European Institutions. Reform of each of our Institutions and a partnership for reform of all the Institutions. On the precise agenda for reform, the Convention will address those issues which require Treaty changes. We should also be looking at what we can do now."
The Laeken Declaration (Final Declaration of the Laeken European Council, 15 December 2001) convoked the Convention on the Future of Europe. This Convention was chaired by Valéry Giscard d'Estaing and was composed of 105 full members. Its members agreed on a text that was then submitted to the governments of Member States, which initially disagreed with certain provisions of the text and therefore redrafted them. It was this amended text, approved by the Heads of State and Government, which was submitted for ratification in each Member State of the European Union.
The European Convention had a mandate of one year with effect from 1 March 2002, the date of its inaugural sitting. Its task was to examine the key issues concerning the future development of the Union and to identify various possible responses. The objective was, among other things, to strengthen the citizens' role in the EU, distribute powers between the Union and the States, simplify the instruments of the Union and make it more democratic.
This text fully recognised and reinforced the institutional role of the European Parliament, as well as its legislative and budgetary authority. The new ordinary legislative procedure, which corresponded to co-decision, became the general rule for legislation. Henceforth the European Parliament enjoyed the same rights as the Council to determine the general conditions governing the scrutiny and the exercise of implementing acts (comitology), an achievement which was the outcome of many years' struggle by the Parliament. The European Parliament also welcomed the fact that the Charter of Fundamental Rights formed an integral and legally binding part of the Constitution.
One thing was still missing: co-decision and qualified majority voting did still not apply to all legislation. Nevertheless, the clarification and delimitation of the powers of the Union were among the most innovative aspects of the Constitution.
The Intergovernmental Conference (IGC)
On 4 October 2003, the intergovernmental conference opened in Rome. It was the first time that the European Parliament President had been invited to attend. In his opening speech, Cox stressed that the goal was to win popular support for the project and it was thus necessary to promote the potential benefits of this new constitution:
"coherence in our external policies, more efficient decision-making in our legislative work;
concerted action on issues of internal security, immigration and asylum;
protection of our common values through the incorporation of the Charter of Fundamental Human Rights into the Treaty;
a strengthened parliamentary dimension through national parliaments and the European Parliament playing a fuller role;
democratic reforms for all our Institutions."
The conference began in a climate of uncertainty. Spain and Poland expressed their opposition to the institutional compromise proposed by the Convention. At the Brussels summit of 13 December 2003, the Heads of State and Government failed to reach an agreement on the system of qualified majority voting to be included in the new Constitution. Nevertheless, it was desirable for the outcome - the Constitutional Treaty - to be adopted before the European elections.
According to Pat Cox, national parliaments had been involved, through the European Convention, in European construction more than at any stage in their history. He wondered how public opinion would react if the IGC were to undo the Convention's work, behind closed doors, and reach a ‘lowest common denominator’ agreement. Moreover, how would EU partner countries interpret a setback here just at the stage when the EU was establishing a strong position in world affairs, and these partners had high expectations?
After eight months of negotiations, the IGC finally reached an agreement. The Constitution was ratified by the 25 Member States at the Brussels European Council of 18 June 2004. Although the President of the Convention, Valéry Giscard d'Estaing, was pleased to note that 90% of the draft Convention was taken on board by the IGC, not all of the European Parliament's demands regarding democracy, transparency and the efficiency of the European Union were met.
"My own sense is that there is a change in mood which we need to build on - a refusal to slip backwards and a renewed will to step forward together towards European integration. [...] My determination, on behalf of the Parliament, is to continue to argue that leaders must take courage, be ambitious and find the collective political will and wisdom to settle."
Press Release (PDF): Pat Cox calls for Constitutional Treaty to be agreed before June European Elections, Brussels, 4 February 2004
The final text was formally signed in Rome on 29 October 2004 by the Heads of State or Government. The Constitution then had to be ratified according to the constitutional rules of each Member State (parliamentary procedure or referendum) and it was only able to come into effect after ratification by the 25 Member States.
A Constitutional Treaty
On 29 October 2004, representatives of EU Member States met in Rome to sign the text of the European Constitution. Redefining the operating principles of the EU to adapt to a Europe of 27, the Constitution also aimed to bring together the various decisions adopted during the entire process of building Europe (Treaty of Rome, the Maastricht Treaty, the Amsterdam Treaty, and the Treaty of Nice).
"The time for a constitutional treaty settlement has come, and that time is now. [...] further procrastination risks creating new doubts"
The Constitution was expected to enter into force on 1 November 2006, provided that all Member States had ratified it. However, on 29 May and 1 June 2005, France, followed by the Netherlands, rejected it.
Statute of Members
Cox intended to consolidate the Statute of Members, to make it uniform and more consistent. This comprehensive reform was based on two main elements: the equitable treatment of MEPs according to the principle of equality, and transparency in calculating allowances on the basis of costs actually incurred.
However, this determination to introduce new internal structures was stymied by the Council which had been unable to achieve a qualified majority for the adoption of a common Statute for MEPs.
Eventually, the Council gave its approval and the European Parliament adopted the reform of the Statute of Members in 2005. However, it would only enter into force in 2009.