Bratislava Legal Forum (21 octobre 2016) Discours de S. Exc. M. Christophe Leonzi, Ambassadeur de France

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Bratislava Legal Forum (21 octobre 2016) Discours de S. Exc. M. Christophe Leonzi, Ambassadeur de France Bratislava EU summit outcome: a constructive schedule for the future Ladies and gentlemen, "Le nationalisme, c est la guerre" (nationalism is war): that is what the former French President François Mitterrand told MEPs in Strasbourg, in a speech marking the French EU presidency the 17 th january 1995 and as a legacy of his European commitment. The former President told the audience how his own war time experiences had formed his desires for greater European unity and how the EU could help to banish the risks of war in the future. More than 20 years have passed; what was true for the French presidency at that time is true for the Slovak presidency now. The EU has achieved its initial goal, by reconciling and bringing together European peoples, from the West to the former communist East and central European countries, including Slovakia. On a continent torn by two world wars, which were, first of all, European wars, peace seems to be an obvious thing. But we need to always remember that peace is not given forever - look at Ukraine. We need to be aware of growing threats around Europe and in Europe. The EU is more needed than ever, in a globalized world, where we must be united if we don t want other big global players to decide our own destiny. None of the EU Member States can have separately a sufficient impact. So the EU remains the most relevant level, the most convenient regulatory framework to respond to the global challenges on the basis of our democratic values. It is so vital now to underline these truths, which are, for many of us, self-evident, because the EU is facing, with the Brexit vote, not just another crisis, but an existential crisis. I will try to shed light on the risk of disintegration and the Brexit in the first part of my speech. Then, I shall discuss why and how we have to provide the necessary impetus for a way forward for the EU, on the basis of the crucial roadmap agreed on during the Bratislava summit, thanks to the Slovak presidency. Of course, as you know, the EU has already faced a lot of crises, since its very beginning. However, we are all aware, in France as well as in Slovakia, that this time is different, because that is a moment of truth for Europe. Because a specter is haunting Europe: the specter of disintegration. Indeed, the EU is in the middle of geostrategic shifts, which considerably undermined faith in its structures and decision-making processes, and weakened trust and solidarity among its Member States. The increasing migration wave, terrorist attacks, instability in our immediate neighbourhood, including Ukraine, and internal tensions pose new challenges, for which the EU is not well prepared. We are very far from the global context of the 90s, when we thought, after the end of the Cold war, that we were necessarily going towards a form of convergence of societies, ideas, democracies. In particular, the influx of refugees in 2015 revealed differences and divides within our continent. This led some countries to withdraw and others to open up, only to come to the conclusion that we had to work together to cooperate much more upstream with origin and transit countries, protect our external borders, ensure compliance with the Schengen and 1

Dublin acquis to welcome those who were entitled to enter and send back those who had no right to live in Europe, with dignity, solidarity and efficiency. Against this backdrop, there is the feeling that the EU would be outdated, that it would not be able to respond to current challenges, that it would not be able to provide security and protection for our citizens. Moreover, since peace seems to be almost self-evident in Europe, the EU seems to lack an engine, a narrative to justify integration, a lack of political content, of raison d'être, as we say in French. Even the values of the EU are now contested inside, outside: solidarity, our social model, a common understanding of human rights and of rule of law. And there is, hence, the temptation of division, fragmentation, disintegration in the name of nationalism or culturalist concepts. These doubts, these fears, these separatist temptations are used by populists everywhere in Europe including in France and Slovakia. Populism, with its broad hostility towards elites, mainstream politics, and established institutions, is a master at exploiting fears. Faced with the chaos in the world, with the influx of refugees, with the terrorist threat, with the fear hanging over the least well-off that globalization will lower their status, populists are proposing to close doors and borders and even erect walls. These solutions are not solutions, because they would be worse than the problem itself. They would mean a historical regression of Europe. To make things worse, populists turn the EU into a scapegoat for every crisis. The situation in Iraq, Syria crisis, the situation in the Mediterranean, in the Sahel, the terrorist threat, the financial crisis which, we must remember, began on another continent, climate change, the rise of China and competition with it: is all that Europe s responsibility or fault? Would the challenges disappear without it? Would we do better without it? Would we respond better to those crises if each country tried to do so separately? I strongly believe that the EU as a whole is more dedicated to addressing these issues than many other international players and that a fragmented European action would lead to less efficiency and more disorder. While some other players accomplish very little and excel at marketing themselves, there are however not many people to explain and sell what Europe is doing. These ideas and lies undermine European integration and have the potential to inexorably lead to disintegration and the return to national borders if we fail to stop them. These very ideas have now contributed to Brexit. Yes, it s true that the British case is quite special: British people have often considered the EU as an economic object or in an instrumental way, and not as a political project, which is a part of their identity. That is why they have chosen to opt out of the single currency and some EU policies in justice and home affairs. However, the Brexit is, of course, a huge shock for all of us; it is, of course, a decision that all EU Member States fully respect but also regret. Because it is the first time a country has decided to leave the EU, which until now had been constantly enlarging; because the UK is a major economy, an important strategic partner, and for France, it is our oldest ally; and because many social, geographical and generational divisions, and fears that were expressed at the time of the vote about immigration and globalization, could occur in all Member States. Look at the consistent Review of competences, published by the UK government before the referendum: it concluded the Bremain was by far the best option for British national interests, but the Brexit won in the end for irrational reasons that could prevail in other Member States as well. That is why we should, at the same time, not only preserve the best possible relationship with our British friends, so close to us in terms of history, geography and economy, but also discourage further disintegration by stating clearly that the UK must bear all the consequences 2

of leaving the EU. Because for us, the EU membership is a part of a political project, and not just instrumental. That is to say that once it has left the EU, the UK will no longer have a say in European decisions. Nor will the UK be able to have access to the internal market, unless it agrees to its four freedoms including the free movement of persons and unless it agrees to accept the EU regulation and even a budget contribution. In any case, the British question must be resolved swiftly now in our view, by 2019 for the Brexit itself - and along with the treaty s provisions (the now famous article 50). The Slovak presidency has consistently voiced the same position and plays a very positive role in this regard. The European project was based on its irreversibility and the idea, anchored in the treaties, of an «ever closer union». The Brexit reminds us that this may be an illusion, that there is always a possibility of disintegration. The crisis that the EU is going through may be an existential crisis, if we do not react. Stating that Europeans want less Europe would be, in our view, to misinterpret things. The peoples of Europe understand what European integration has brought in terms of peace and prosperity. They feel that this achievement must be maintained. Therefore, it is of the utmost importance for the 27 Member States to stay united and decide, in a democratic way, how to pursue the European project. Our nations, such as France and Slovakia, provide a solid foundation for our EU. We are Europeans thanks to our Member States and our history, which provide us with the strongest basis of our identity. It would be dangerous to imagine that the European idea can ignore the legitimacy and reality of nations: this would give an argument to the populists, who suggest that Europe destroys our identity. On the contrary, the EU must build on our Member States; it is not a super State, nor a new empire; but it should not dilute itself, either, by abandoning its powers to Member States. Subsidiarity should be respected, but it should work both ways, by sharing our sovereignty whenever it is necessary. Indeed, isolated, our Member States are powerless. Globalization provides a strong justification for the pursuit of integration, since the EU is, in many ways, the best level to influence the world stage. How could withdrawing behind national borders and national solutions in the face of global challenges make Europeans stronger? It s simply not true that we d be stronger in a globalized world with 28 different strategies, 28 countries confronting one another instead of cooperating, 28 fragmented markets, the end of common policies, of the European research area that links our universities and laboratories, of structural and investment funds, of the Common Agricultural Policy, of the energy union, all policies that are so crucial for our future. So we need the EU more than ever. However, Europe must change and adapt if it wants to continue, if it doesn t want to lose its citizens. Both France and Slovakia are well aware of the fragility of the European project and of the necessity to react swiftly. If we want the EU to overcome this crisis, we must know work as 27 and in the Euro Area to give the European project new impetus and respond better to our citizens concerns. The Slovak Presidency played a crucial and positive role by organizing the Bratislava summit on 16 September. The summit was highly successful, since it set out the political foundations for the new impetus we need so urgently. In Bratislava, the 27 not only set an agenda, a timetable, but also a concrete roadmap for the months ahead, with specific measures in crucial areas: security and protection, but also employment and policies aimed at young people. This roadmap can 3

definitely help to restore trust and we are thankful to the Slovak presidency for this achievement. In line with this roadmap, we must make progress, in the coming months, on three main priorities, aiming at meeting citizens expectations, through concrete achievements: 1/ The first priority is security. Europe must guarantee its own security, since no one else will do it. War and instability are on our borders, the EU is being hit by terrorism. That is why it is crucial, among other things, to enhance the protection of our external borders. A European Border and Coast Guard agency has just been established; this is a decision strongly supported by the Slovak presidency and it is a very important progress. We must also introduce systematic controls at the external borders, even for European citizens, and create a European ESTA [Electronic System for Travel Authorization] to carry out systematic checks on people entering and leaving the European Union. Moreover, we must also continue to strengthen European cooperation in the fight against terrorism, with information exchanges, the systematic and coordinated use of Europol databases, SIS [Schengen Information System], the implementation of the European PNR [Passenger Name Record], the fight against radicalization, accountability for Internet operators, the action plan against arms trafficking, and the fight against terrorism financing. As regards defense, this issue is as old as Europe, but it turns out that, historically, we did not begin by addressing defense but rather economy and then our currency. Now it is time to take a decisive step forward so that the Europe of Defense finally exists. Europe must build up the necessary military capabilities and industrial resources to accede to a real strategic independence, crucial to be more autonomous and independent from players, such as the US and Russia. We welcome, in this regard, the idea of a European security and defense fund. It is essential for the EU to be more powerful for external operations as well, with financing mechanisms, an HQ/military staff and a rapid reaction force. And then, eventually, States which want to set more ambitious targets can set up an inclusive permanent structured cooperation, as provided for in the treaties. The informal Defense Council in Bratislava in September has been very useful to push for all these ideas. 2/ The second priority is to prepare for the future by boosting investment, growth and jobs. With the Juncker Plan for strategic investment, we ve put the issue of investment back at the heart of the European project, with euro315 billion over 3 years. But we must go further, and develop public and private investment even more in fields like digital technology, energy transition and research. This requires doubling the Juncker Plan, which is under way, with the support of Slovak presidency. At the same time, we must continue to bolster the Euro Area, support its convergence and growth, strengthen its governance and provide it with a budget and parliamentary oversight too. We must also promote fiscal and social convergence within it, continue fighting tax avoidance, create a European set of social rights and strengthen rules on the posting of workers, which is necessary to protect the free movement of people within the EU. Finally, we should combat social and tax dumping. In particular, we must ensure that major IT multinationals who come here to feed off and sometimes capture our value, our contents, while never giving back any of the profits which these major companies make in the countries where this wealth was created, pay tax and fully respect copyright. This is a real question for all those who are afraid of losing their cultural identity, much more than Brussels threat! 3/ The third priority has to do with young people, with the development of programs which will allow you to gain access to jobs and training, be mobile and discover European cultures, because the battle for values and the definition of a European project for the 21st century will be won with Europe s young people. The Erasmus program is one of the most successful European policies. We must broaden it, make it more accessible and allow all young people whatever 4

their status to gain a European experience of education and discovery which will also mean experiencing European citizenship. If the new generation loses faith in Europe, there will no longer be a Europe. Europe s youth need hope, especially at a time when historical progress is being undermined. This is a strong agenda for the coming months. So what should be our goal in the long term? How should the EU of the future look like? Of course, I could not give you a precise answer now. Our guide could be Jacques Delors, with his idea of a federation of Nation States, which seems a contradiction, but which correctly underlines the specificity, the uniqueness sui generis of the European project. As Jacques Delors also said, the EU is, indeed, not a UFO as on Bratislava SNP bridge, but a UPO, un objet politique non identifié. According to this view, we should respect subsidiarity and trust the Member States, while addressing the fact that in many areas, the EU is only half-built. We ve created monetary union without economic union. And we re facing structural, competitiveness imbalances between the North and the South which are being aggravated despite the single currency. That is why France or Slovakia are in favour of creating a further financial capacity for the Euro Area: the Euro Area has its own projects which it absolutely must finance through its own means. Europe needs also an economic strategy, an industrial policy, economic and social convergence, and not just fiscal rules and a Stability Pact. We ve built an internal market without fiscal and social convergence. And we re facing distortions of competition and social dumping which fuel disenchantment with Europe, and even populism. That is why we have to work together to improve the EU text on posted workers; what is at stake is the very existence of the free movement of workers in the EU. The European defense has to be reinforced and developed as I mentioned. All of these issues should be addressed. In order to do so, we could resort, when necessary, to enhanced cooperations. Indeed, the 1997 Amsterdam treaty set up this system, whereby a minimum number of Member States (now fixed at nine) may adopt common policies as long as they remain open to new members and do not discriminate inside the single market. This has been used for a divorce reform and the European patent; there is a discussion now to establish an enhanced co-operation on the financial transactions tax, with 10 countries including France and Slovakia. In defense area, the treaties mention a «permanent structured cooperation»; in the wake of Bratislava summit, the idea of resorting to such a new cooperation flourished. These provisions are useful to give a dynamic to the EU; they have to be used, since they provide for the possibility for those who want to go faster not to be held back by the slowest. However, enhanced cooperations should always be inclusive; if not, it could lead to a multispeed Europe, which bears the risk that EU members will move not just at different speeds but towards different destinations. Finally, the way the EU functions must also be simplified. Some of its rules are incomprehensible and its procedures are often too slow. The Euro Area should have a permanent president. People should have much greater involvement national parliaments and the European Parliament in particular. Either the EU lets divisions prevail, and then it will be the end of the European project, or it pulls itself together in order to continue existing in tomorrow s world. For the EU to continue, it is of the utmost importance to give a new impetus to our Union. That was precisely the goal of the Bratislava summit, which gave us a strong roadmap for the coming months. The 27 and the Slovak presidency can be proud of this achievement. We need to stick to this positive agenda and, above 5

all, we need to remember what is at stake now: the survival of Europe as a political project. Thank you for your attention. 6