The Unity of the European Constitution

"Comment on Dorota Leczykiewicz: Common Commercial Policy: The Expanding Competence of the European Union in the Area of International Trade (S. 305-306)

By Karen Kaiser

I would like to elaborate on some of the elements of unity and differentiation with regard to the Unions common commercial policy under the Constitutional Treaty. I do not want to touch upon the elements of differentiation that are already part of the common commercial policy under the EC Treaty (EC) and would remain so under the Constitutional Treaty, such as the special so-called 133-committee1 and the principle of unanimous voting in cases where agreements include provisions for which unanimit y is required for the adoption of internal rules.> However, I try to find out whether the Constitutional Treaty introduces new elements of differentiation. A. Elements of Unity I would like to distinguish between elements of internal and external unity.

As understood here, internal unity reflects the unity of the Union as a political community vis-a-vis its Member States, illustrated most prominently by the "Community method,">while external unity reflects the unity of the Union vis-a-vis third countries. I. Internal Unity: Parliamentary Consent to International Agreements Dorota Leczykiewicz has pointed out one element of internal unity: the regular involvement of the European Parliament within the context of the common commercial policy, foreseen for the first time under the Constitutional Treaty.

Hereunder, the common commercial policy would be implemented by means of European laws, which are adopted according to the ordinary legislative, i.e. co-decision, procedure. However, unlike Dorota Leczykiewicz, I think that the common commercial policy has not arrived at the "Community method" in only this respect. Parliamentary consent would not only be required where European laws are adopted, but also where international agreements are concluded . According to Art. III -325 (6) (a) of the Constitutional Treaty, "agreements covering fields to which [...] the ordinary legislative procedure applies" would require parliamentary consent.

As has been shown, the common commercial policy is a field to which the ordinary legislative procedure applies. An exception applicable to agreements under Art. 111-315 (3) of the Constitutional Treaty has not been provided for.4 This would not only strengthen democratic control within the Union, but also within the World Trade Organization (WTO). Two different suggestions for strengthening democratic control within the WTO have been discussed so far: establishing a standing Parliamentary Assembly with consultative power and, alternatively, convening regular interparliamentary meetings through existing structures such as the International Parliamentary Union."