Session document
FINAL
V1
25 February 2000
OPINION
of the Committee on Women's Rights and Equal Opportunities
for the
Committee on Constitutional Affairs
on the Intergovernmental Conference (IGC): European Parliament proposals
(COM(1999) 592 – C5-0329/1999 – 1999/2180(COS))
Draftsperson: Anna
Karamanou
PROCEDURE
The Committee
on Women's Rights and Equal Opportunities appointed Anna Karamanou draftsperson
at its meeting of 21 September 1999.
It considered the draft opinion
at its meetings of 24 November 1999, 26 January
2000 and 23 February
2000.
At thelast meeting it adopted
the amendments below by 14 votes to 0, with 4 abstentions.
The following were present
for the vote: Theorin,
chairperson; Van
Lancker, vice-chairperson; Karamanou, draftsperson;
Auroi (for Hautala),
Avilés Perea, Dybkjær, Ghilardotti, Gorostiaga Atxalandabaso,
Gröner,
Izquierdo Rojo
(for Paciotti), Lulling, Martens, Prets, Sanders-Ten Holte, Schmidt (for van der Laan), Smet, Swiebel and Torres Marques.
SHORT JUSTIFICATION
INTRODUCTION
Background
The Intergovernmental Conference
1. The conclusions of the Cologne European
Council (June 1999) and of the Helsinki European Council (December 1999) set
the framework for the Intergovernmental Conference to be convened in February
2000 in order to resolve the institutional issues left open in Amsterdam that
need to be settled before enlargement.
2. According to the Cologne conclusions, the
brief of the IGC would cover three main topics: size and composition of the
Commission; weighting of votes in the Council; possible extension of qualified
majority voting in the Council.
[1]
3. The agenda for the IGC adopted by the Helsinki
European Council has not substantially enlarged this brief. In its resolution
of 16 December 1999
[2], Parliament expressed its disappointment
and deplored the lack of political vision by the European Council, which had
restricted institutional reform at the IGC to the three
issues left over at Amsterdam. The EP considers
that this reform is inadequate to ensure that an enlarged Europe can function
effectively.
4. Your draftsperson shares these views and
calls on the Portuguese Presidency to make use, according to the mandate given
by Helsinki, of the possibility of adding further items to the agenda. The EU
should fully exploit this opportunity not only to reform its institutions -
from our committee's
point of view, the aim is to ensure representation and
political participation of women in EU decision-making processes - but also to
complete the policy reforms started
with the Amsterdam Treaty, in particular the policy to promote the equality of
women and men (Articles 2 and 3).
5. The Amsterdam Treaty represented a step
forward for women. In its opinion
[3], this committee gave an overall
positive view. Equality for women and men has become both a principle and a task of the Community and the combined
reading of Articles 2 and 3 provides
a basis for a pro-active strategy of the Community in this area. Articles 137(1) and 141(3)
and (4) also represent some progress.
6. This committee also pointed to some gaps
and stated priorities for the next Treaty revision:
·
broadening of Article 141 to ensure a
legal basis for equality between women and men going clearly
beyond the employment field;
·
a rewriting of
Art. 13 to give the prohibition on discrimination based
on sex direct effect;
·
legal clarification of the implications of equality for women and men being included in Articles 2 and 3.
7. Against this background, your
draftsperson wishes to focus on the following issues:
·
gender-balance in the composition
of EU institutions and bodies,
·
a clear legal basis for equality
in the Treaty,
·
non-discrimination on the basis
of gender,
·
positive actions.
The first topic would be line with the current, quite limited brief of the IGC, the others are
the logical consequence of the
policy changes introduced by the Amsterdam Treaty
and should be added to the agenda.
a) Gender-balance in
the composition of EU institutions and bodies
8. In its resolution of 18 November 1999, based on the Dimitrakopoulos and Leinen report (A5-0058/1999) [4], the EP expressed its views on the method and the agenda of the IGC. Strengthening the institutions and making them more efficient, transparent and democratic - by changing their composition, tasks and cooperation and organisation - should be the main objectives. As to the substance of the reform, Parliament recommended the constitutionalisation of the Union and bringing Europe closer to citizens, which is in turn linked to the issue of the EU Charter of fundamental rights.
9.
Making institutions more democratic
also means ensuring gender-balance in their composition. There is a substantial
body of international conventions and instruments concerning equality of access for women and full participation in power structures
and decision-making, to which the EU Member States are committed. We will
mention in particular:
·
the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW);
·
the Declaration and Platform
for Action of the Fourth World Conference on Women (Beijing, 1995);
·
the Council recommendation of
2 December 1996 on the balanced participation of women and men in the decision-making
process
[5] which called, inter alia, on
the Institutions, subsidiary and decentralised bodies of the European Communities
to
design a strategy for achieving balanced participation by women and men
in the decision-making process [6];
·
the 1988 declaration of the Council
of Ministers of the Council of Europe;
·
the Declaration adopted by the
Member States at the European Conference 'Women and Men in Power', Paris,
17 April 1999. [7]
10.
Equality is an integral part
of human rights and the eradication of gender discrimination is a prerequisite
of democracy. A democracy where women - over half of the population - are under-represented
in decision-making in the political, economic and social areas cannot be a
true democracy. Your draftsperson supports the concept of 'parity democracy', as developed by the
Council of Europe, as a way to enrich democracy through the equal contribution
of women and men and to ensure a fuller realisation of justice and equity
within society
[8] . The integration of 'equality
of women and men' in all Community policies will only become a reality if
women participate in the drawing up and follow-up of these policies at all
levels. This depends in turn on representation on decision-making bodies and
requires presence in posts of responsibility and decision-taking positions [9] .
11. Women are still under-represented in decision-making
bodies at all levels and in all EU institutions. Your draftsperson would recommend a revision of the relevant Treaty articles, in order to ensure a balanced
participation of women and men in the
composition of the
following EU institutions and bodies: Commission; Court of Justice; Court of First Instance; Court of Auditors;
Economic and Social Committee; Committee of
the Regions.
12. As for Parliament, this objective can be achieved
by ensuring balanced representation of women and men in winnable positions
on electoral lists, in order to overcome political obstacles posed by the
selection of candidates within political parties and the electoral system [10] . Your draftsperson would recommend a revision of Articles 190(1) and 191 (European political parties).
b) A legal basis for equality
13. The Amsterdam Treaty marked
a step forward for women. Articles 2 and 3, combined, provide a basis for
a pro-active policy, but no article in Part III of the Treaty lays down explicit
measures for bringing about and implementing equality in all policy
areas, beyond employment and
occupation (Art. 141). The request for a specific
chapter on equality in the Treaty was not taken on board by the previous IGC.
In order to take the existing provisions of Articles 2 and 3
a stage further, your draftsperson would recommend
introducing into the Treaty a single coherent legal basis
for equality for men and women in all policy areas.
c) Non-discrimination on the basis of gender
14. As stated in the Torres Marques
opinion, Article 13 on non-discrimination is unsatisfactory both from a political
and from a legal point of view. Women are not a minority; they represent over the half of the population. Discrimination
on the basis of gender is structural and horizontal and cannot be grouped
alongside other forms of discrimination. Rather, it exacerbates other kinds of discrimination. Moreover,
Article 13 is purely an enabling clause, with no direct
effect, unlike Article 12 (non-discrimination on grounds of nationality). Finally, it allows for appropriate action to combat discrimination under a procedure
requiring unanimity in the Council and simple consultation of Parliament.
Your draftsperson proposes a separate provision in the Treaty, ensuring that
non-discrimination on ground of gender has the same legal status as non-discrimination
on grounds of nationality and direct effect.
d) Positive actions
15. Your draftsperson refers
to the views expressed in the opinion from
the Committee on Women's Rights and Equal Opportunities on the Charter of fundamental rights [11] . The gender-neutral formulation of Art. 141(4) [12] will have to be reconsidered, in line with the political
will to advance the position of women expressed in the EU policy to promote the equality of women and
men (Articles 2 and 3 of the TEC).
CONCLUSIONS
The
Committee on Women's Rights
and Equal Opportunities calls on the {AFCO}Committee on Constitutional
Affairs, as the committee responsible, to incorporate the following points
in its report:
1. Calls for a more ambitious agenda for the IGC and asks the
Portuguese Presidency, in accordance with the mandate given to it by the
Helsinki European Council to make proposals for further
items, to enter the issue of an equality policy for women and men on the IGC agenda;
2.
Affirms that balanced participation
of women and men in decision-making at all levels is a prerequisite of democracy and social
justice and calls for amendment of the relevant articles of the Treaty in order to include the principle of balanced participation of
women and men in the composition of the Commission, Court of Justice, Court
of First Instance, Court of Auditors, the Economic and Social Committee and the Committee of the Regions;
3.
Calls for a single coherent legal basis for
equality for women and men in all policy areas to be introduced into the Treaty;
4.
Stresses that discrimination
on the basis of gender is structural and horizontal and cannot be grouped
alongside other forms of discrimination; asks for a separate provision in the Treaty with a view to ensuring that non-discrimination on grounds of gender has the same legal status as non-discrimination on grounds
of nationality and direct effect;
5.
Stresses the need for a close
linkage between the IGC and the process of drawing up the Charter of fundamental
rights; in the framework of the constitutionalisation
of the Union, calls for the fundamental right to equality of women and men
to be written into Community law.
ANNEX
Examples of
possible amendments to the Treaty
A
number of examples of possible amendments to the Treaty are listed below.
The rapporteur believes that these could form a working basis for a revision
of the Treaty aimed at strengthening the policy of equal opportunities for
both genders. These examples reflect the rapporteur's viewpoint.
Article 3, point (h)a (new)
(h)a a common policy of equality
for women and men
Article 3, paragraph 2
2. In all the activities
referred to in this Article, the Community shall aim to eliminate inequalities and
give men and women equal status.
Article 12(a) (new)
Within the scope of
application of this Treaty, and without prejudice to any special provisions
contained therein, any discrimination on grounds of gender shall be prohibited.
The Council, acting in accordance
with the procedure referred to in Article 251, may adopt rules designed to
prohibit such discrimination.
Article 17, second paragraph a (new)
In accordance with the fundamental values of democracy, European
citizenship requires balanced participation and representation of women and
men in decision-making bodies and forums at Community level.
Article 190, paragraph 1
1. The representatives in the European Parliament of the peoples of
the States brought together in the Community shall be elected by direct
universal suffrage and respecting the
principle of balanced representation of
women and men in winnable positions on electoral lists.
Article 191
Political
parties at European level are important as a factor for integration within the
Union. They contribute to forming a European awareness and to expressing the
political will of the citizens of the Union, and
to achieving parity democracy.
Article 213,
paragraph 1
Commission
The
Commission shall consist of 20 Members, who shall be chosen on the grounds of
their general competence and whose independence is beyond doubt, respecting
the principle of balanced representation of women and men.
Article 223, first
paragraph
Court of Justice
The
Judges and Advocates-General shall be chosen from persons whose independence is
beyond doubt and who possess the qualifications required for appointment to the
highest judicial offices in their respective countries or who are jurisconsults
of recognised competence; they shall be appointed by common accord of the
governments of the Member States for a term of six years, respecting the principle of balanced
representation of women and men.
Article 225, paragraph 3
Court of First Instance
The
members of the Court of First Instance shall be chosen from persons whose
independence is beyond doubt and who possess the ability required for
appointment to judicial office; they shall be appointed by common accord of the
governments of the Member States for a term of six years, respecting the principle of balanced
representation of women and men. The
membership shall be partially renewed every three years. Retiring members shall
be eligible for reappointment.
Article 247, paragraph 2
Court of Auditors
2. The Members of the Court of Auditors shall be chosen from among
persons who belong or have belonged in their respective countries to external
audit bodies or who are especially qualified for this office, respecting the principle of balanced
representation of women and men. Their
independence must be beyond doubt.
Article 258, second paragraph
Economic and Social Committee
The
members of the Committee shall be appointed by the Council, acting unanimously,
for four years, respecting the principle of balanced representation of women
and men. Their appointments shall be renewable.
Article 263, third paragraph
Committee of the Regions
The
members of the Committee and an equal number of alternate members shall be
appointed for four years by the Council acting unanimously on proposals from
the respective Member States, respecting
the principle of balanced representation of women and men. Their term of office shall be renewable. No member of
the Committee shall at the same time be a Member of the European Parliament.