Treaty does not provide much real added value for citizens

THE politicians were taught a hard lesson at Maastricht. Popular approval of EU reform was not to be taken for granted

THE politicians were taught a hard lesson at Maastricht. Popular approval of EU reform was not to be taken for granted. For many the greater integration of the Union, "the ever closer union", as the treaty puts it, had become a project of the political elite and they nearly brought it crashing down in France and Denmark.

Amsterdam had to be different. The citizens and their preoccupations were to be centre stage. The fight against crime and unemployment were to be given pride of place on the banner of the Union, as the Taoiseach, Mr Bruton, was to express succinctly in his catchery for the EU - sale streets, secure jobs, and sound money" almost the Bolshevik bread, peace, and land" in its simplicity.

But giving substance to the slogans was another matter. In the end, although much is said about issues of concern to citizens, it is difficult to find real added value, other than the symbolic, in enshrining throughout the treaty current policy positions on employment (Essen summit), crime (Dublin), subsidiarity (Edinburgh), public health (Dublin) and the list goes on.

To the simple question on most of the "citizen related" aspects of the treaty - "Does this change or enhance current practice?" - the answer is firmly, "No". There is one exception, the incorporation of the Social Protocol in the treaty. Britain is brought back into the fold of Social Europe. In a couple of cases current practice, under threat in the European Court, is copperfastened.

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But appearances in politics are often more important than substance and writing treaties is as much a political as a legal challenge. So the Germans were told that their unwillingness to put purely aspiration jobs language into the treaty for fear of raising expectations was simply unrealistic. And now similar language is also being added to the Stability Pact.

The treaty will commit the Union to coordinate the employment strategies of the member states, particularly, "promoting a skilled and adaptable workforce and labour markets". The formula leaves the main responsibility for job creation at national level while allowing the Union to provide monitoring and best practice ad vice.

An annual report will be produced and the Union will create an employment committee of ministers to bring greater emphasis to the work and to monitor national progress.

Brussels will be allowed to fund small pilot projects on new approaches to employment, thanks to a German last minute climb down.

In incorporating the Social Protocol negotiators have simply taken the Maastricht text and brought it into the treaty. It allows the Union to support and complement the activities of member states in the fields of health and safety, working conditions, information and consultation of workers, helping those excluded from the labour market, and equality between men and women at work.

The chapter explicitly allows spending on information exchanges and promoting innovative approaches to fighting social exclusion and, for the first time, in favour of the elderly and disabled. The provision, strongly supported by Ireland, copper fastens the legal base of spending on the Union's Poverty programmes and assistance to NGOs working in the field, now under challenge in the court.

The treaty will strengthen the principle of equal pay by inclusion of a reference to equal work "or work of equal value". And, in the wake of the important Kalanke decision of the European Court the text also copperfastens member states' programmes of positive action.

Incorporation of the environmental principle of "balanced and sustainable development" as part of the fundamental objectives of the Union is agreed.

A dispute is still going on about whether after harmonisation of standards is agreed, say for the importation of genetically modified food, the Nordic countries may impose yet higher standards. Most other member states reject this as likely to be an impediment to free trade and distortion of the single market. A compromise has been proposed which would allow the Commission to adjudicate on any such special measures.

Dublin is watching closely to ensure that fiscal measures - potential water rates - remain in the domain of unanimity voting.

In the wake of the BSE and blood scandals and concern over drugs, the powers of the Union are significantly enhanced in complementing action in the member states. The Union will be allowed to set standards of quality and safety for blood and human organs.

A health and safety role is also extended in the field of consumer protection as well as the right to help consumers gain access to information.

Belgian and French concerns to safeguard the public service role of public enterprises, such as those of postal services to remote areas, is reflected in a commitment to "take care that such services operate on the basis of principles and conditions which enable them to fulfil their missions".

That is complemented by a protocol on public service broadcasting copper fastening the right of member states to fund national broadcasting stations - currently under challenge in a Portuguese case before the European Court.

The treaty provides a right of access to documents and elaborates the principle of subsidiarity.

A British proposal to incorporate a protocol on animal welfare provides that Union policy must "pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the member states relating to religious rites and cultural traditions". The clause certainly protects halal butchering but not the practice of dropping donkeys from bell towers.

Patrick Smyth

Patrick Smyth

Patrick Smyth is former Europe editor of The Irish Times