Treaty revision
103. The Convention proposed at one stage to allow
certain changes to the Constitutional Treaty after its entry into
force by means of a 'simplified revision procedure', which would
not require ratification by every Member State. As agreed by
the IGC, the Treaty provides only that decisions on matters covered
in Part III of the Treaty can be moved from unanimity to QMV,
and from special legislative procedure to co-decision, by the
European Council acting unanimously (Article IV-444)the
so-called 'passerelle' clause. The safeguard inserted by the
IGC was that if a single national parliament objects to such a
decision within six months of being notified, the decision will
not be adopted. We strongly oppose the passerelle clause,
but accept that the national veto provided is an adequate safeguard.
Conclusion on the 'red lines'
104. It is clear that the Government's 'red line'
has been held in relation to taxation, Own Resources and Treaty
revision. With regard to social security and criminal law
the 'red line' has been maintained through the 'emergency brake'
mechanism.
148 Cm 6309, p. 5. Back
149
The origin of this expression is not explained, but it appears
to evoke the spirit of Kipling's 'thin red line of 'eroes, when
the drums begin to roll'. Back
150
A Constitutional Treaty for the EU: the British approach to
the European Union Intergovernmental Conference 2003, Cm 5934
(September 2003), para 66. Back
151
Ibid., para 76. Back
152
Cm 6309, para 63. Back
153
Cm 5897, Articles III-62(2) and 63. Back
154
Cm 5897, Article 53(4). Back
155
Treaty establishing a Constitution for Europe: Commentary,
Cm 6459 (January 2005), pp. 47-8. Back
156
Cm 5394, para 66. Back
157
Cm 6309, para 64. Back
158
See paras 105-120 below. Back
159
Cm 5934, paras 66, 83. Back
160
Cm 6309, para 68. Back