By Bruno Waterfield - 21st September 2006
Germany is in danger of “paralysing” EU decision-making in Europe’s war on terror, European justice commissioner Franco Frattini has warned.
Berlin is the principle block to European commission and Finnish EU presidency proposals to streamline Europe’s crime fighting and policing.
Germany – holders of the EU presidency in January – would rather wait for the European constitution and accuse Finland and the commission of “cherry-picking”.
But Frattini argues that Europe can not wait for an EU constitution settlement sometime in 2008 while facing threats now from terrorism and organised crime.
“All member states, including those that are reluctant, said we need to improve the decision-making process,” he told a press conference on Friday.
“Can we abandon efforts because we want the constitution in force? My answer, and the answer of many members states is no.”
“I agree that we need the constitution but if we wait then it is possible to be paralysed.”
Brussels and Helsinki are seeking to use a clause of the EU’s current treaty to cut national vetoes in key security areas.
Article 42 of the EU treaty, a so-called bridging or “passerelle” clause, allows national governments to agree to transfer justice policies to the European level.
The commission argues that decisions by qualified majority votes in councils of ministers will be quicker than inter-governmental unanimity – where each capital wields a veto.
Moves to EU justice decision-making were hardwired in to the European constitution – now in limbo following French and Dutch referendum rejections in 2005.
Berlin, which had secured a delicate agreement with Germany’s regional governments on the constitution, would like to wait until reviving a new EU institutional settlement.
German justice minister Brigitte Zypries warned that seeking to push through new security decision-making could unravel a constitution.
Germany is aware that, while rejected by French and Dutch voters, the constitution was agreed by Europe’s leaders.
“Once you start cherry picking, you devalue the real thing. That's our big concern. We want the constitutional treaty to be passed in its entirety,” Zypries said.
Brussels agrees with Berlin on the constitution’s merits but Frattini insisted that negotiations for a new EU blueprint could take years.
“The main aim of the German delegation is launch the constitution debate immediately. In my personal view, it is option number one,” he said.
“But transitional measures, the passerelle clause, is important in case the constitutional treaty take a long time.”
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