92002E3860

WRITTEN QUESTION E-3860/02

by Mogens Camre (UEN) to the Commission

(10 January 2003)

Subject: Minority Commission decision to draw up a draft treaty

As we are all aware, the Commission is a collegiate body which, outwardly, takes its decisions unanimously. This presupposes that the President and individual members do not act on their own initiative. If, however, they do, any proposal that may be made must be regarded as void.

Commissioner Vitorino referred to Montesquieu's principles concerning a three-way division of power, which is completely incomprehensible since the division of power into separate legislative, executive and judicial powers does not entitle civil servants to act on their own initiative.

How can a minority of the Commission's members decide to initiate the drafting of a treaty without the matter having been put before the Commission as a whole?

Joint answerto Written Questions E-3860/02, E-3902/02 and E-0034/03given by Mr Prodi on behalf of the Commission

(17 March 2003)

At the request of Mr Prodi, President, in agreement with Mr Barnier and Mr Vitorino, a working party of Commission officials prepared a feasibility study entitled Contribution to a preliminary draft of a European Constitution. Mr Prodi informed the other members of the Commission of the existence of this working document but it was not discussed by the full Commission and it does not commit the Commission.

It is for each Member of the Commission who has responsibility for a specific area, and for the President where action by the Union is concerned, to ask Commission departments to draft preparatory documents, study papers, feasibility studies, etc. A Commission decision is not needed to launch such work, which is part of the normal activities of Commission departments, i.e. the preparation of decisions and the position to be adopted subsequently by the Commission. Mr Prodi in agreement with Mr Barnier and Mr Vitorino felt that a feasibility study on the European Constitution would help the Commission to adopt its position with regard to the Convention.

The names of the officials who prepared the feasibility study are listed on the first page of the study, which did not give rise to any costs other than Commission overheads.