European Liberal Democrat spokesman Andrew DUFF has made a formal contribution to the Convention (CONV 465/02) setting out his reaction to the Convention Praesidium's Preliminary Draft Constitution (CONV 369/02).

Duff believes that the constitution should be based explicitly on the dual legitimacy of states and citizens. He wants a clearer distinction to be made between the Union's executive and legislative functions, and for the reader of the constitution to be able to discover early on where power lies and who exercises it.

He proposes succinct descriptions of the legislature (the European Parliament and the Council acting together), and of the executive (the Commission in all cases except in economic policy and internal and external security matters).

Duff questions whether the skeleton constitution sufficiently reflects the majority opinion of the Convention that there should be no rigid catalogue of competences. He criticises the use of the concept of 'exclusive' competence, and argues for a more permissive approach. "What is important is strong and responsible institutions to make the political choices", he says, "rather than long lists of issues".

He also suggests that the constitution should include provision for an inter-institutional agreement setting out and defining the Union's multi-annual political strategy. With respect to the 'democratic life' of the Union, Duff argues that sub-state tiers of government should be included as well as national parliaments.

Reacting to President Giscard's remarks on Turkey, Mr Duff says: "It is not felicitous to insist on a European location as a precondition for EU membership. Thresholds for accession should be defined in terms of liberal democracy and market economics, and not in terms of geography, history or religion".

Commenting on the skeleton in general, Andrew DUFF said:

"The publication of the preliminary draft constitution is very welcome and will provide the Convention with an important object for reflection. But in January we badly need a seminal debate on institutional questions that is sufficiently rich to open up such controversies as the reform of the Council and its presidency and the appointment of the Commission."