The last thing we need is more tinkering at the edges by desperate national leaders
Andrew Duff
Senior British deputy Andrew Duff says an informal summit between French president Nicolas Sarkozy and German chancellor Angela Merkel succeeded only in "deepening the division" between France and Germany.
He says that in the "absence of credible leadership" from the summit a "large responsibility" falls to parliament.
But Duff is concerned that parliament's political group leaders "are not willing" to assert parliament's constitutional rights over treaty change or to protect the 'community method' in the field of economic governance.
Monday's meeting in Paris between Sarkozy and Merkel focused on the question of the EU's fiscal model and the type and force of economic government.
Speaking on Tuesday, Duff said, "While we can welcome some convergence about the automaticity of the excessive deficit procedure and the imposition of the 'golden rule', as well as the speeding up of the installation of the European stability mechanism, the lack of agreement elsewhere is staggering.
"We are more than ever convinced that radical treaty change is needed to extend EU competence in the field of fiscal policy, to modify the functions of both the European Central Bank and the European Court of Justice, and to change the decision-making procedures in Ecofin with respect to financial discipline."
"Attempts by the heads of government to use Protocol 12 on the excessive deficit procedure as the basis for a new form of economic government will be in vain and should be immediately desisted."
Duff, a constitutional expert, said the treaty allows the protocol to be replaced by a special law of the council, acting by unanimity after having consulted parliament and the ECB.
"But the provisions of the protocol cannot supersede or overturn the other provisions of the Article 126 which have primacy," explained Duff.
"Nor can Protocol 12 be used to increase the powers of the ECJ. And Article 136 will have to be changed to install 'debt brakes' across the eurozone.
"Instead of going into contortions to avoid serious treaty change, the European council should bite the bullet and invite parliament to call for a convention to prepare an IGC. Only a deep, pluralistic and transparent debate on these matters between all relevant stakeholders, including national parliaments, will produce optimum results."
Andrew Duff, who is his party's spokesman on constitutional affairs, added, "For the sake of the integrity of the legal order of the EU, constitutional development of this importance must be done by all 27 member states.
"The euro is the currency of the EU and all member states except the UK are enjoined by treaty to join the single currency when convergence criteria are met. The motivation behind the creation of the euro is exactly the same today and as good as it was originally: what has changed is the imperative of installing stronger government of fiscal and economic policies.
"An intergovernmental treaty of the eurozone alone outside the EU framework would be most likely to breach the Lisbon treaty. Do we all want to end up in court over our constitution while the euro is in peril?
"In any case, an unanimous agreement on going it alone among the current 17 eurozone members look highly improbable.
"So parliament must be much clearer and firmer about its duty of care to the common interest of all our citizens and all taxpayers. Fiscal solidarity requires strong democratic government forged deliberately in a convention."
Duff, who served on the convention which drafted the now defunct EU constitution, added, "The last thing we need is more tinkering at the edges by desperate national leaders."
