At the end of May the Government will be seeking the people's approval for the Treaty of Amsterdam. The new Treaty is a lengthy document, full of amendments to the existing EU Treaties and with complex provisions which even experts may find obscure.
How then can the "ordinary" citizen understand all the issues involved? The more industrious will read the Irish Government's White Paper (costing £5) or the free summary. Others will simply decide, on a more or less informed basis, whether the vision of Europe in the EU Treaties is a good or bad thing and vote accordingly.
The provisions of the Amsterdam Treaty are summarised as follows:
Freedom, security and justice
A first aim is the progressive establishment of an area of freedom, security and justice. There are new mechanisms in the EU Treaties for sanctioning member states which violate core principles of liberty, democracy, human rights and fundamental freedoms as well as the rule of law. States wishing to join the EU must also observe these principles. The principle that Union measures must respect fundamental rights standards is now entrenched.
In relation to the free movement of persons, the majority of member states are to take measures lifting internal border controls, and to act within the EC Treaty in related areas, such as external frontier controls and asylum. The Schengen system (a system of free movement developed outside the EU Treaty framework by 13 member states) is to be brought into the EU framework. Ireland and the UK will not be part of this arrangement - the UK wishes to retain its integrity as an island state and Ireland wishes to retain the benefits of the system of free movement between Ireland and the UK.
The threats posed by organised crime, terrorism and drug trafficking - none of them respecters of national frontiers - are addressed by measures on closer co-operation in criminal matters.
The Union and the citizen
A second aim is to bring the Union closer to the citizen. The Treaty contains several provisions designed to reassure citizens that what is being done is for their benefit. A new mechanism to tackle unemployment is a centrepiece of the new Treaty. The Community's powers have been strengthened in a number of fields, including public health and consumer protection. Concerns about animal welfare and the socially disadvantaged have been addressed. Efforts have been made to develop the principles of subsidiarity - the idea that decisions should in principle be taken at national rather than Community level - and transparency, with provisions for access to Community documents. The Irish citizen will have a right to correspond with the EU institutions in Irish.
External policy
A third aim is to develop an effective and coherent external policy. There will be improvements in decision-making procedures, Union representation and crisis forecasting as well as the performance of humanitarian and peace-keeping tasks. More controversially, the Treaty allows for the emergence of a common defence policy without further Treaty amendment.
However, this can happen only after member states have accepted these developments in accordance with their respective constitutional requirements. In the case of Ireland, the Government has clearly committed itself to putting the issue to the people for decision in a later referendum.
The institutions and enlargement
A fourth aim is to strengthen the Union's institutions before enlargement. However, this has only been partly achieved. It has been decided that, from the date of the first enlargement, each member state will have only one Commissioner. However, this has been made conditional on changes to the weighting of votes of member states in the Council. A comprehensive review of the composition and functioning of the Institutions is deferred. In both cases, there is increased potential for future argument. There have been some positive institutional changes. The European Parliament enjoys enhanced powers and the role of national parliaments is recognised. The Commission President's role is strengthened and the powers of the Court of Justice are extended. Qualified majority voting in Council is extended, which enables more effective decision-making. In certain cases, member states may apply an "emergency brake".
Flexibility
A fifth aim is to enable a majority of member states to move forward in areas where a minority does not wish to proceed. The mechanism of closer co-operation, or "flexibility", is nothing new: witness the British and Danish opt-outs of the third stage of EMU. The conditions attached to the exercise of the flexibility provisions are designed to reduce the risk of producing an increasingly divided Union.
Simplifying and consolidating treaties
A final aim is to simplify and consolidate the existing EU Treaties. At last, obsolete provisions will disappear and existing provisions will be re-numbered.
The impact of Amsterdam
There has been no fundamental re-writing of the Union "constitution". Foreign and security policies as well as co-operation in the area of criminal law remain matters for inter-governmental action, rather than for the European Community. Advocates of deeper political union may be disappointed by the continued absence of a reference to federalism.
The member state remains at the heart of the Union system. The Community possesses legally limited powers and the principles of subsidiarity and respect for national identities guarantee national autonomy and diversity.
Union citizenship is additional to, not a substitute for, national citizenship. National sovereignty - in its absolute sense - was lost long ago. The Irish people assented to EC membership in 1972, to the creation of a single market in 1987 and to the European Union (including EMU) in 1992. Concerns about the progressive loss of national autonomy will, of course, continue to surface in the debate.
Whether the Amsterdam Treaty disappoints or encourages will depend on the individual's view of the current state of affairs and ambitions for the end-game. As far as this writer is concerned, the EU Treaty system continues not only to respect vital national concerns, it also allows for the emergence of an effective European economy and, never to be forgotten, it provides a framework for ensuring the peaceful coexistence of European states. John Handoll: EU and Competition Law Unit, William Fry solicitors