Thread by @AndrewDuffEU

The European Council looks set to breach its treaty obligations. On 9 June @Europarl_EN made a formal proposal to revise Article 48(7) TEU so that the famous ‘passerelle’ clause will in future be triggered by QMV not unanimity. 1/ europarl.europa.eu/doceo/document…

Everyone knows that the best way to have more voting and less vetoing in the Council is through use of the passerelle. Indeed, this is openly admitted by the Council in its reaction to the conclusions of the #CoFoE data.consilium.europa.eu/doc/document/S… 2/

What the Council don’t say is that because of the national veto the existing passerelle clause is inoperable.
Under Article 48(3) #EUCO must now decide whether to examine Parliament’s proposal. That decision is taken by simple majority. What the leaders cannot do is nothing. 3/

They have to react one way or the other — and have lots of options, including a debate on whether to call a Convention or not, possibly prepared by an independent reflection group. However, the draft #EUCO conclusions, discussed now by the General Affairs Council, omit this. 4/

Instead, there will be blah-blah about #CoFoE and soft words about #Ukraine. But there is no prospect of enlargement if the leaders refuse to change the treaties. #Fact europa.eu/!mgTD7m 5/

So unless the leaders address themselves properly to the constitutional issue before them, Parliament should get ready to sue them in the Court of Justice for failure to act (Article 265 TFEU). @EUCourtPress 6/

For the passionate, read more here: epc.eu/en/Publication… @epc_eu 7/

And here: friendsofeurope.org/insights/the-u… @FriendsofEurope @SpinelliGroup @federalists @Conf_Observ @EPInstitutional END/

@CBeaune

@threadreaderapp unroll

The Czech presidency is organising another futile Council discussion on treaty change on 14-15 July. On 9 August Parliament can formally call on the Council to act. On 9 October Parliament should sue the Council in the Court of Justice for failure to act on its resolution.