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Het document op basis waarvan nu onderhandeld wordt in Brussel staat alweer enige tijd op het internet. De 11 pagina’s zijn taaie kost en vereisen dat de lezer de huidige verdragen en de ontwerp-grondwet bij de hand heeft. Naar aanleiding van een berichtje op nu.nl licht ik er één artikel uit: dat over de doelstellingen van de EU.

Het berichtje suggereert dat de doelstelling van eerlijke concurrentie in de EU komt te vervallen en ‘onze’ Eurocommissaris Neelie Kroes wellicht naar andere werkzaamheden moet omzien. Dat is erg kort door de bocht. Maar er zijn wel een paar opmerkelijke veranderingen in de onderhandelingstekst.

Het Duits voorzitterschap doet een voorstel voor een nieuw artikel 2 van het Verdrag betreffende de Europese Unie (TEU), dat wordt in de nieuwe nummering artikel 3. De basis voor de tekst is artikel I-3 van de ontwerp-grondwet. De teksten van de ontwerp-grondwet en het voorstel leg ik naast elkaar. De wijzigingen staan cursief.

Nieuw artikel 2 TEU (hernummerd art. 3)

lid 1. gelijk aan ontwerp-grondwet

lid 2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appriopriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.

lid 2. (EU-grondwet) luidde: The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and an internal market where competition is free and undistorted.

aan lid 3. (EU-grondwet) wordt toegevoegd als openingszin: The Union shall establish an internal market. The Union shall work for the sustainable development of Europe based on…

lid 4. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall….

In lid 2 wordt het vrije verkeer van personen dus aanmerkelijk ingeperkt door allerlei veiligheids- en migratie-overwegingen. De zinsnede over interne markt en vrije, onvervalste concurrentie komt te vervallen.

In lid 3 komt de frase over interne markt weer terug en “where competition is free and undistorted” blijft weg. Daarentegen komt het doel duurzame ontwikkeling minder prominent - want niet meer in letterlijke zin vooraan - te staan.

Aan lid 4 wordt een zinsnede over bescherming van EU-burgers toegevoegd.

De EU lijkt dus vooral banger te worden en perkt daar het vrije verkeer van personen zo nodig voor in. Het is moeilijk in te zien waarom dat in de doelstelling van de EU moet worden opgenomen en als dat zo is, waarom het zich dan tot het vrij verkeer voor personen moet beperken.

Tegenstanders van het vrije markt-principe in de grondwet kunnen wel een lichtpuntje in bespeuren in het schrappen van vrije concurrentie uit de doelstelling. Anderzijds dringt de interne markt nu duurzame ontwikkeling als doelstelling meer naar de achtergrond dan de oude tekst. De bevoegdheden waar Neelie Kroes haar werk op baseert (art. 81-86 EG-verdrag, art.III-161-166 EUGw) komen gewoon terug in een nieuw verdrag, zij het niet meer zo prominent in de doelstelling.


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