Euro-constitution makes a comeback

Alix Kroeger
BBC European Union reporter

The vexed question of what to do about the European constitution returns to the agenda this week.

Estonia ratifies this week; Germany will grapple with the treaty in 2007

It's nearly a year since Dutch and French voters said No to the draft constitution, throwing the process into turmoil.

Afterwards, the EU declared a "period of reflection". For the constitution's supporters, it was a time to examine the options: for its opponents, a time to put the constitution on ice.

But now the period of reflection is drawing to a close, although there will be no formal decisions on a way forward until the first half of next year, when Germany takes over the rotating presidency of the EU.

Commission proposal

On Monday, a two-day forum on the future of Europe opened at the European Parliament in Brussels. It is addressing topics such as globalisation, justice and security, and Europe's place in the world. But its underlying theme is the constitution.

We have been looking at this a thousand times in a thousand ways in our debates President of the European Parliament Josep Borrell Viewpoints: EU's way forward Map: Where states stand

On Tuesday, Estonia is expected to become the thirteenth of the 25 EU states to ratify. Finland is likely to follow suit, probably in the second half of the year, during its term in the EU presidency.

Later in the week, the German chancellor, Angela Merkel, is expected to outline her policy on the EU and Germany's role within it, especially with regards to further enlargement.

And on Wednesday, the president of the European Commission, Jose Manuel Barroso, will present the Commission's proposals on what should happen next. It will include the suggestion to take more decisions in the sensitive area of justice and security by majority voting, instead of requiring unanimity.

Speaking at a conference in Lisbon, Mr Barroso said: "Such a decision will mean a substantial improvement in our capacity to find common responses to common problems... We are able to add depth to the European project."

'Cherry-picking'

For opponents of the constitution, this will set alarm bells ringing. They are on the alert for any sign of "cherry-picking": evidence that the Commission is trying to implement parts of the draft constitution by the back door.

The French and Dutch 'No'-votes threw Brussels into turmoil

For Eurosceptic UK Conservative MEP Syed Kamall, the proposals are a step too far. And he is worried that Britain will not block them.

"Most people expect security to remain a national prerogative," he says. "We want co-operation, but not coercion."

A spokesman for the UK government in Brussels said Britain was waiting to see the detail of the proposals. Any change would require unanimous assent among the EU 25.

In a new opinion poll for the European Commission, only a quarter of respondents listed adoption of a constitution as one of the two most important measures for the future of Europe.

But two years after taking in 10 new members, the EU's structures are creaking.

Arguments circle

The constitution was meant to change all that, with more majority voting, a president elected by the governments of member states for a two-and-a-half-year term, an EU foreign minister and a charter of fundamental rights.

So the 'No'-votes in France and the Netherlands threw Brussels into turmoil.

Many of the constitution's supporters were reluctant to accept the result: after all, they argued, the countries which had ratified represented a majority of EU citizens. Why should their votes count for nothing, just because of the French and the Dutch?

But opponents point out that the constitution has to be unanimously approved: France and the Netherlands have rejected it, so it is blocked.

Arguments have been going around in circles for nearly a year now, as the president of the European Parliament, Josep Borrell, admitted on Monday.

Opening the forum in Brussels, he said: "We have been looking at this a thousand times in a thousand ways in our debates."

And there's no end in sight.