The Differences Between an Eu Constitution and Germany's 'reform Treaty'

EU leaders meet today in Brussels to discuss the future of the union. Opponents to further integration claim that German proposals for a new reform treaty are an attempt to smuggle in the controversial constitution through the back door.

We examine the extent to which the new proposals differ from those in the original constitution.

A new treaty, or an amendment?

The term "constitution" has been dropped. The treaty to be agreed would be a "reform treaty" amending existing ones that were agreed in 1957 and 1992, rather than an overarching one to replace them.

This suits Britain, which does not want a referendum that the public might reject. Previous "amending treaties", such as Nice and Maastricht, did not require referendums, whereas the project to introduce a constitution fell into disarray in 2005 when France and the Netherlands held referendums on the constitution. Voters rejected the proposal.

Identity

Symbols of a "superstate" - the EU's blue flag with 12 golden stars, the anthem of Beethoven's Ode to Joy, the slogan "United in diversity" - have also been omitted from the German plan. But this is cosmetic as these symbols are likely to be retained anyway.

Distribution of voting power

The German plan retains one of the constitution's most contentious proposals, the so-called double majority voting system for the council of ministers, the EU's main legislative body.

The system is designed to make it easier to approve new laws. It requires approval by a so-called double majority - at least 55% of the EU member states, and 65% of the EU population - to pass legislation. EU countries would have votes directly related to the size of their populations, a system that favors larger countries such as Germany.

Poland, however, wants voting power to be based on the square root of each country's population, which tempers the difference in numbers. Under its scheme, Poland, with 38 million people, would have six votes in the council of ministers, compared with Germany's nine votes, although Germany's population is double Poland's. Some Poles have adopted the slogan "the square root or death". Under the present system Poland has 27 votes to Germany's 29. A Polish veto of the reforms - or any country's for that matter - would kill the project dead, because it requires unanimous approval.

Other areas of the proposals that Britain opposes

The German proposals retain plans to drop national vetoes on justice and home affairs, a "red line" for Britain. Germany has also resisted British calls to dilute provisions in the charter that spell out citizens' rights, giving new rights to strike and to drop a provision allowing the EU to sign international treaties.

Likewise, reference to the EU as a "single legal personality" is anathema to Britain. Other leftovers from the constitution are plans for a foreign minister and a permanent president.