The repatriation of powers

UKIPwatch points us to this answer by Mr Barroso on the subject of the repatriation of powers to 'member' countries of the EU. The answer is worth including in full and should be kept in mind whenever a politician says that they will wrestle powers back from the EU without leaving the project all together (I'm looking at the Quislings here).

There are only two possibilities to ‘repatriate powers’ to one Member State. The first option is for such a State to withdraw from the European Union. Insofar as the Treaties have been concluded for an unlimited period and provide no specific procedure for withdrawal, an ad hoc procedure would have to be defined.

The second option would be to revise the Treaties. The Treaties set a number of objectives to the European Union and the European Community and give them powers to pursue these objectives. These powers could be revised. The procedure would be to convene a conference of representatives of the governments of all Member States. This conference would have to decide by common accord how the Treaties should be amended. All the Member States would then have to ratify these amendments, in accordance with their respective constitutional requirements.

The Conference could decide that some powers would no longer be attributed to the European Union. Upon ratification, each and every Member State would have the possibility to adopt national measures and policies in domains where the Union would have no competence any more. It would also be for them to manage the transnational consequences of their measures. The Conference could also decide that some Member States would not have to participate in some policies of the Union. Such derogations and exemptions could take the form of so-called opt-out or opt-in.

As to the consequences for a Member State of ignoring unilaterally any part of the acquis communautaire and so failing to fulfil its obligations under the Treaties, Articles 226 and 227 of the EC Treaty enable the Commission or any other Member State to bring the matter before the Court of Justice. Should the latter find that a Member State has indeed failed to fulfil an obligation under Community law, according to Article 228 of the EC Treaty this Member State must take the necessary measures to comply with the judgement of the Court. If such measures are not fully and timely taken, a second judgement could impose a lump sum or a penalty payment on it.

It does seem like an either or doesn't it? You're either in or you're out. I mean it does seem rather unlikely that all member countries (note how they use member state) would consistently vote to amend treaties at the request of a UK government particularly when such amendments were of the "less EU" kind.

Posted by John at March 7, 2005 01:33 PM | TrackBack