Statute of a Political Community of a supranational character – Conclusion relating to the preparation of the draft treaty setting up a European Political Community
Conclusions
| Doc. 96
| 14 January 1953
- Author(s):
- Parliamentary Assembly
- Origin
- Adopted
by the Ad Hoc Assembly at its meetings on 7th, 8th, 9th and 10th
January, 19S3, and communicated to the Consultative Assembly in
accordance with the provisions of Section B of the Resolution of
the Council of the European Coal and Steel Community dated 10th
September, 1952.See 4th Session, 1952 : Doc. 35 (Request
for inclusion in the Agenda).(a) See 4th Session,
1952 : Doc. 40 (Communication from the Council of the European Coal
and Steel Community)and Resolution 23. (b) See Extraordinary
Session, 1953 : 29th Sitting, 14th January, 1953 (referred to the
Committee on General Affairs, and for an Opinion to the Committee
on Legal and Administrative Questions), 32nd Sitting, 16th January,
1953 (referred for opinion to the Committee on Economic Questions)
Docs. 103 to 107 (Reports and opinions), Recommendations 41, 42 and
Resolution 26. 1953 - Extraordinary Session
- Thesaurus
Letter from the
President of the Ad Hoc Assembly to the President of the Consultative
Assembly
Strasbourg, 12th January, 1953.
AD HOC ASSEMBLY, The President
Mr. President,
Section B of the Resolution adopted at Luxembourg on 10th
September, 1952, by the six Foreign Ministers of the European Coal
and Steel Community provides that the Ad Hoc Assembly " shall periodically
report to the Consultative Assembly on the progress of its work
".
In accordance with this provision I have the honour to submit
to you, for the information of the Consultative Assembly, a report
on the progress of the work of the Ad Hoc Assembly on the results
so far achieved.
1. The Ad Hoc Assembly held its
constituent sitting on 15th September, 1952. It set up a Constitutional Committee
under the chairmanship of M. von Brentano, and instructed it to
draw up the provisional draft of a treaty for submission to the
Ad Hoc Assembly. The Assembly decided at this sitting to invite
the delegations to the Consultative Assembly of those countries
which are not Members of the E. C. S. C. to send observers to participate
in its work as well as in that of the Constitutional Committee.
It gave the right to these observers to speak at both the plenary
sittings and the meetings of the committees in the conditions laid
down in Resolution 7 of the Ad Hoc Assembly. The Constitutional
Committee subsequently agreed that they should also be entitled to
attend the meetings of its Sub-Committees and to speak subject to
the same conditions as in the Assembly. M. J.-C. Paris, Secretary-General
of ; the Council of Europe, the representative of the j High Authority
of the E. C. S. C. and the representatives of the six Governments
were also invited to take part in the work.
2. On 23rd October, 1952, under Section C of the Luxembourg Resolution,
the six Foreign Ministers transmitted " questions relating to the
creation of a European Political Community " (cf. attached document). This
document, which was forwarded to the Constitutional Committee, contributed
to the elaboration of the " Programme of Work " of the Committee;
3. The Constitutional Committee set up four Sub-Committees (Powers
and Competence, Political Institutions, Legal Institutions, j and
Liaison) which met in November and : December, 1952, basing their proceedings
on the j " Programme of Work The Sub-Committee j on Liaison was,
in particular, instructed to j determine the liaison to be established
between j the Political Community and the Council of ; Europe (application
of the Eden Plan), and the special links to be established between
the Community and the Member States of the Council of Europe or
other European States. The observers on behalf of the Council of
Europe took part in the debates of the Sub- Committees and, in particular,
in those of the Sub-Committee on Liaison.
4. At its meeting of 15th to 20th December, 1952, the Constitutional
Committee considered the conclusions of its Sub-Committee and adopted
a report which was submitted to the Ad Hoc Assembly.
5. The Ad Hoc Assembly held a plenary Session from 7th to 10th
January, 1953, in the course of which it was particularly concerned
with certain provisions of the report of the Constitutional Committee
on which it appeared essential to reach a conclusion in order to
ensure that suitable directives were given to the Committee for
the continuation of its work. These provisions relate to the methods
of integrating the E. C. S. C. and the E. D. C. with the Community,
to the nature and scope of the powers and competence accorded to the
Community, more especially in matters of foreign policy, and economic
questions and with regard to the future policy to be pursued in
the matter of specialised Authorities. They also relate to the structure
of the political institutions of the Community : the Parliament
(composition and method of election to the two Chambers), the European
Executive Council, the Council of National Ministers, and to the
basic principles of association and liaison with the Council of
Europe.
6. I have the honour to submit the conclusions of the Ad Hoc
Assembly on these points, which constitute directives to the Constitutional
Committee for the establishment of a draft Statute of the Political
Community, i I also attach the text of a Resolution on certain immediate
measures to be taken by the Governments, also adopted by the Assembly.
7. The Bureau of the Ad Hoc Assembly was anxious that the Consultative
Assembly be kept informed of its work, and prior to the opening
of the Session of the Ad Hoc Assembly it supplied the Office of
the Clerk of the Consultative Assembly with the conclusions of the
j Sub-Committees and the report of the Constitutional Committee
in order that these should be transmitted to the Representatives.
The Ad Hoc Assembly, with the same object in view, decided that
all documents relating to its debates should be transmitted to the Representatives
to the Consultative Assembly. I have therefore instructed the Secretary-General
of the Ad Hoc Assembly to have them deposited at the Office of the
Clerk of the Consultative Assembly.
8. The Secretariat-General of the Ad Hoc Assembly had the advantage,
both for its own sittings and for the meetings of the Constitutional
Committee, of the help of the staff of the Secretariat-General of
the Council of Europe. This was of great value, and I should like
to express my warmest thanks.
I have the honour to be, Monsieur le Président,
Your obedient Servant, P.-IT. SPAAK, President of the Ad Hoc
Assembly.
Monsieur François DE MENTIION, President of the Consultative
Assembly of the Council of Europe.
QUESTIONS RELATING
TO THE ESTABLISHMENT OF A EUROPEAN POLITICAL COMMUNITY
Submitted to the Ad Hoc Assembly,
by the six Foreign Ministers, on 23rd October, 1952.
I. Is the Ad Hoc Assembly in favour of assuming as a basic
principle that the competence of the European Political Community
should, from the outset, embrace that of the European Coal and Steel
Community and the European Defence Community? Does it consider that
the Political Community should be given new powers and competence
in the field of Coal and Steel and of Defence?
II. Does the Ad Hoc Assembly consider that the setting up
of a Political Community would represent a further step towards
economic and social integration? If so, what are the immediate steps
to be contemplated by the Member States?
III. Docs the Ad Hoc Assembly consider that, in order to set
up a European Political Community based on the unity of the peoples
and including a body ensuring due representation of the Member States,
it should first consider the establishment of a European Assembly
elected in accord with democratic principles, and should more especially
study the following points?
a Rules
for the constitution of the Assembly (electoral system—whether direct
suffrage or some other method of ballot, term of office, distribution
of seats...).
b Competence of the Assembly :
a Coal and Steel. — Should the European Assembly replace
the existing Assembly of the Coal and Steel Community? Should it
be given new powers and competence in the field of coal and steel?
b Defence. — Should the European Assembly become the Assembly
of the European Defence Community? Should it be given new powers
and competence in the field of defence?
c What powers and competence should be granted to the Assembly
in the preparation of the monetary measures required to facilitate
the rational production and free circulation of goods, and of measures
destined to improve the flow of manpower between Member States,
in the spirit of the treaties of the European Coal and Steel Community
and the European Defence Community?
d What powers and competence should bo granted to the Assembly
in respect of the revenue required for the achievement of the aims
of the Community? In the event of new powers and competence being
granted to the Assembly, how could these be exercised in such a
way as to harmonise with the general policy of Member States in
those fields remaining within their competence?
IV. How should the treaties of the European Coal and Steel
Community and the European Defence Community be amended in relation
to the establishment of an Assembly as an element of a European
Political Community?
a Should the
Councils of Ministers provided for under those treaties be maintained
in their present form? What rules should be followed for the establishment
of a Second Chamber?
b Should the structure and powers of the existing bodies
be amended? Should these bodies be merged in order to constitute
one single European body?
c Is it visualised that the Court of Justice which is common
to the European Coal and Steel Community and the European Defence
Community will also be competent to deal with disputes arising within
the general framework of the Political Community, by means of provisions
similar to those existing in the treaties of the two former Communities?
V.
a Should the institutions
of the European Political Community be instructed to make proposals
to the various Governments for the extension of European integration
to other fields (other economic and social questions)?
b Should the European Political Community absorb such European
Communities as may be set up in future? How should this be done?
VI. Does the Ad Hoc Assembly agree to study the question of
the links to be established between the Political Community and
the existing international bodies—more especially, as stated in
the Luxembourg Resolution, those with the Council of Europe? Does
it agree to the need for studying the question of relations between
the Political Community and any European bodies which may ultimately
be established, and whose composition may differ from that of the
Community.
DIRECTIVES FOR
THE PREPARATION OF THE DRAFT TREATY SETTING UP A EUROPEAN POLITICAL COMMUNITY
Adopted by the Ad Hoc Assembly at its meetings on 7, 8, 9 and 10
January, 1953.
I. Directives
concerning Resolution 1 on the integration of the European Coal
and Steel Community and of the European Defence Community in the
Community
TRANSFER OF THE POWERS AND COMPETENCE
OF THE E. C. S. C. AND THE E. D. C.
1. The Community shall possess the powers and competence conferred
on the European Coal and Steel Community and on the European Defence
Community by the treaties which set up those Communities.
METHODS FOR THE INTEGRATION
OF THE E.C.S.C. AND THE E. D. C. IN THE EUROPEAN POLITICAL COMMUNITY
2. The Community, together with the E. C. S. C. and the E.
D. C. shall constitute a single legal unit. Within this entity the
E. C. S. C. and the E. D. C. shall be separately administered in
accordance with the provisions respectively applicable to those
Communities.
a. Parliamentary
Institutions
3. The Parliament of the Community shall forthwith take the
place and assume the powers and competence of the Common Assembly
of the E. C. S. C. and the E. D. C.
b. Council of
National Ministers
4. The Council of National Ministers of the Community shall
forthwith take the place and assume the powers and competence of
the Councils of Ministers of the E. C. S. C. and the E. D. C.
c. Institutions
for the settlement of disputes
5. The judicial powers of the Community shall be assigned
to the Court of Justice contemplated for the E. C. S. C. and E.
D. C.
d. Executive
Institutions
Transitional Régime
6. Until the expiry of a period of adaptation, the duration
of which shall be determined :
i The
High Authority of the E. C. S. C. and the Commissariat of the E.
D. C. shall continue in office, but shall discharge the functions
assigned to them by the E. C. S. C. and E. D. C. Treaties under
the direction and supervision of the European Executive Council;
ii The President of the High Authority of the E. C. S. C.
and the President of the Commissariat of the E. D. C. shall sit
ex officio on the European Executive Council with a right to vote,
but shall retain their personal status resulting from the E. C.
S. C. and E. D. C. Treaties, in particular from Articles 24 of the
E. C. S. C. and 36 of the E.D. C;
iii During the period of adaptation the Community, in collaboration
with the President of the High Authority of the E. C. S. C. and
the President of the Commissariat of the E. D. C, shall prepare
the necessary protocols for the complete integration, by stages,
of the E. C. S. C. and the E. D. C. in the Community.
Definitive Régime
7. At the expiry of the period of adaptation the European
Executive Council shall take over the functions of the High Authority
of the E. C. S. C. and of the Commissariat of the E. D. C, in conformity
with the rules laid down in the E. C. S. C. and E. D. C. Treaties,
in so far as those rules have not been modified by the Community
in accordance with the procedure laid down in paragraph 8 of the
Resolution on the powers and competence of the Community.
II. Directives
concerning Resolution II on the powers and competence of the Community
A. GENERAL PKINCIPLES
8. The Community can discharge its mission only within the
limits of the competence and powers which are expressly conferred
on it by its Statute and under the conditions specified therein.
The competence conferred on the Community by its Statute shall be
restrictively interpreted.
C. POWERS AND
COMPETENCE WITHIN THE GENERAL SCOPE OF THE SYSTEM CREATED BY THE
E. C. S. C. AND E. D. G. TREATIES
Powers and competence in matters
of foreign policy
9. The European Political Community shall have the same powers
and competence in matters of foreign policy as those conferred on
the E. D. C. and the E. C. S. C. by the provisions of their respective
Treaties. It shall further be responsible for defining the common
general objectives of foreign policy of the Member States falling within
the scope of the objectives laid down in the aforesaid Treaties.
Powers and competence in the
sphere of the policy of the Specialised Authorities
14 bis. The Assembly.
Recognising the importance of the creation and supervision
of European Specialised Authorities having limited functions,
Requests the Constitutional Committee to make a thorough study
of the question, as stipulated in Paragraph 14 bis of its Resolution
II.
D. ECONOMIC POWERS
21 to 25. The Assembly,
Having heard the observations made by delegates on the occasion
of its second session ;
Recognizing the essential importance of economic powers for
the European Political Community,
Resolves to refer Paragraphs 21 to 25 of Chapter D of Resolution
II back to the Constitutional Committee.
Ill. Directive
concerning Resolution III in regard to the political institutions
of the Community
A. PARLIAMENT
OF THE COMMUNITY
a. The Peoples'
Chamber
1. The members of the Peoples' Chamber shall be elected by
universal direct suffrage.
2. The seats in the Peoples' Chamber shall be allocated in
proportion to the populations of the respective Member States. There
will be an absolute minimum, thus ensuring that the main political
tendencies within each State can be represented. A maximum may be
fixed.
b. Senate
7. The Senate shall represent the States. It shall be the
second Chamber of the Parliament. It shall have the same powers
and the same rights as the Peoples' Chamber.
9. The members of the Senate shall be elected by the national
parliaments. They will thus be qualified to sit both in the Consultative
Assembly of the Council of Europe and in the Senate of the Community.
10. The States shall be represented in the Senate on the principle,
not of parity, but of a qualified distribution of the seats. Germany,
France and Italy shall be allowed 21 seats each, Belgium and the
Netherlands 10 seats each, and Luxembourg 4 seats.
B. THE EXECUTIVE.
14. The European Executive Council shall undertake the general
direction of the Community. The European Executive Council, the
Council of National Ministers and the representatives of the Associated
States shall meet periodically in a conference.
17. The Community shall be governed by an Executive Council,
whose President shall be elected by the Senate and whose members
shall be selected by the President. The Executive Council must be
approved by both Chambers before entering upon its duties.
18. The Executive Council shall remain in office for the period
laid down in the Statute. It shall resign before the expiry of its
term of office if a vote of censure is carried against it in both
Chambers. A vote of censure may be passed with reference to an individual
Minister or to the whole Council.
19 to 24. The Council of National Ministers shall exercise
its powers and competence in the cases specified by the Treaty,
with a view to harmonising the action of the European Executive
Council and that of the Governments responsible for the general
policies of their respective countries. In such case the competence and
the rules of procedure of the Council of National Ministers shall
be determined :
a in matters of
defence and in matters concerning coal and steel :
i by the treaties which deal with
those matters ;
ii by the protocols or decisions of the Community by which
the treaties may subsequently be modified;
b in regard to all other matters :
i by the present Statute;
ii by the treaties which will confer competence on the Community,
and if need be;
iii by decisions of the Community adopted in conformity with
the procedure for amending the Statute.
The Assembly instructs the Committee to make the necessary
adjustments in the other provisions of the Report relating to the
same subject; the whole of the rules concerning the Council of National
Ministers shall constitute a new Section C, entitled " Council of
National Ministers " which will follow Section B - " European Executive Council
".
IV. Directives
concerning Resolution V on the Community's relations with third
States and international organisation
A. ASSOCIATED
STATES
1. The expression " Associated State " denotes a State which,
having declared its willingness to collaborate in certain fields
of action, has concluded an agreement of association with the Community,
specifying the correlated rights and obligations of each of the
contracting parties.
6. Association is effected by the conclusion of an agreement
of association or such other arrangement, having the same object
in view, as may be mutually agreed.
7. The association agreement must contain the following essential
provisions :
a indication of the
matters in respect of which the association is concluded;
b specification of the rights and obligations of both the
contracting parties;
c indication of the means to be employed for giving effect
to the association, such as :
- the
accrediting of permanent representatives or observers of the Associated
State to the institutions of the Community in which they will sit;
either in a consultative capacity or with a right to vote;
- the appointment of permanent mixed committees on the executive,
or parliamentary level;
- the undertaking by the parties to keep one another informed
and to consult with one another.
The association agreement may further contain conventions
of any kind which are connected with the aims of the association.
V. Directives
concerning Resolution VI on the links to be established between
the Community and the Council of Europe
A. GENERAL OBSERVATIONS
2. The links between the Community and the Council of Europe
may be of two sorts :
i internal
links, which imply the participation of the Council of Europe in
the international activities of the Community;
ii external links, designed to co-ordinate the functioning
of the two organisations, which remain independent.
All these links must be fitted into one another. The Assembly,
being desirous of giving expression to the wish of the participating
States to strengthen the Council of Europe of which they are also
Members and to make it the general political framework of Europe
by facilitating the interlocking of the Community's institutions
with the corresponding organs of the Council of Europe, suggests
that certain amehdments.be made in the Statute of the Council of
Europe.
RESOLUTION ON
CERTAIN MEASURES TO BE TAKEN FORTHWITH BY THE GOVERNMENTS
adopted by the Ad Hoc Assembly during its Sitting on
10th January, 1953
The Assembly,
Considering it indispensable that European public opinion
should be made more conscious of the progress that has been made
towards achieving the unification of Europe;
Believing that the attainment of this aim might be helped
by the immediate adoption of certain measures,
Recommends that the six Governments :
a abolish visas for the movement of citizens of the Member
States between the six countries by the time the E. D. C. Treaty
enters into force at the latest;
b consider the issue of uniform postage stamps for the six
countries.
--------------
The Report of the Constitutional Committee (Doc. 1 of the
documents issued by the Ad Hoc Assembly) was placed at the disposal
of the Clerk of the Consultative Assembly. It forms an appendix
to the above Conclusions of the Ad Hoc Assembly (Doc. 96) and is
printed in the English and French texts to form a separate volume
of these Documents (Working Papers).
