Treaty of Lisbon

For other uses, see Treaty of Lisbon (disambiguation).

Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
File:Treaty of Lisbon (transparent).png
Type	Amender of previous treaties
Drafted	7–8 September 2007
Signed	13 December 2007
Location	Lisbon, Portugal
Sealed	18 December 2007
Condition	ratified by all Member States
Signatories	EU Member States
Depositary	Government of Italy
Languages	23 EU languages
Full text
Treaty of Lisbon at Wikisource

The Treaty of Lisbon (also known as the Reform Treaty) is an international agreement signed in Lisbon on 13 December 2007 that would change the workings of the European Union (EU). The treaty has not been ratified by all EU member states. The treaty would amend the Treaty on European Union (TEU, Maastricht; 1992) and the Treaty establishing the European Community (TEC, Rome; 1957). In the process, TEC is renamed to Treaty on the Functioning of the European Union (TFEU).

Prominent changes include more qualified majority voting in the EU Council, increased involvement of the European Parliament in the legislative process through extended codecision with the EU Council, eliminating the pillar system, preventing the provision in the Treaty of Nice (2001) reducing the number of commissioners, and the creation of a President of the European Council with a term of two and half years and a High Representative for Foreign Affairs to present a united position on EU policies. If ratified, the Treaty of Lisbon would also make the Union's human rights charter, the Charter of Fundamental Rights, legally binding.

The stated aim of the treaty is "to complete the process started by the Treaty of Amsterdam [1997] and by the Treaty of Nice with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action." Opponents of the Treaty of Lisbon, such as the British think-tank Open Europe and former Danish MEP Jens-Peter Bonde, argue that it will centralise the EU, and weaken democracy by moving power away from national electorates.

Negotiations to modify EU institutions began in 2001, resulting first in the European Constitution, which failed (2005) due to rejection by French and Dutch voters. The Constitution's replacement, the Lisbon Treaty, was originally intended to have been ratified by all member states by the end of 2008, so it could come into force before the 2009 European elections. However, the rejection of the Treaty on 12 June 2008 by Irish voters means that the treaty cannot currently come into force. As of 30 May 2009, 23 of the total 27 member states have ratified the Treaty.

History

Background

Further information: History of the European Constitution

The need to review the EU's constitutional framework, particularly in light of the accession of ten new Member States in 2004, was highlighted in a declaration annexed to the Treaty of Nice in 2001. The agreements at Nice had paved the way for further enlargement of the Union by reforming voting procedures. The Laeken declaration of December 2001 committed the EU to improving democracy, transparency and efficiency, and set out the process by which a constitution aiming to achieve these goals could be created. The European Convention was established, presided over by former French President Valéry Giscard d'Estaing, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. The final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Ireland.

The Constitution, having been agreed by heads of government from the 25 Member States, was signed at a ceremony in Rome on 29 October 2004. Before it could enter into force, however, it had to be ratified by each member state. Ratification took different forms in each country, depending on the traditions, constitutional arrangements, and political processes of each country. In 2005, referendums held in the Netherlands and France rejected the European Constitution. While the majority of the Member States already had ratified the European Constitution (mostly through parliamentary ratification, although Spain and Luxembourg held referendums), due to the requirement of unanimity to amend the constitutional treaties of the EU, it became clear that it could not enter into force. This led to a "period of reflection" and the political end of the proposed European Constitution.

New impetus

50th anniversary in the summer of 2007, Berlin. (Merkel and Barroso)

In 2007, Germany took over the rotating EU Presidency and declared the period of reflection over. By March, the 50th anniversary of the Treaties of Rome, the Berlin Declaration was adopted by all Member States. This declaration outlined the intention of all Member States to agree on a new treaty in time for the 2009 Parliamentary elections, that is to have a ratified treaty before mid-2009.

Already before the Berlin Declaration, the Amato Group (officially the Action Committee for European Democracy, ACED)– a group of European politicians, backed by the Barroso Commission with two representatives in the group – worked unofficially on rewriting the Treaty establishing a Constitution for Europe (EU Constitution). On 4 June 2007, the group released their text in French – cut from 63,000 words in 448 articles in the Treaty establishing a Constitution for Europe to 12,800 in 70 articles. In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty;

Timetable

• 21–23 June 2007: European Council meeting in Brussels, mandate for IGC
• 23 July 2007: Intergovernmental Conference (IGC) in Lisbon, text of Reform Treaty
• 7–8 September 2007: Foreign Ministers’ meeting
• 18–19 October 2007: European Council in Lisbon, final agreement on Reform Treaty
• 13 December 2007: Signing in Lisbon
• 1 January 2009: Intended date of entry into force

June European Council

On 21 June 2007, the European Council of heads of states met in Brussels to agree upon the foundation of a new treaty to replace the rejected Constitution. The meeting took place under the German Presidency of the EU Council, with Chancellor Angela Merkel leading the negotiations as President-in-Office of the European Council. After the Council quickly dealt with its other business, such as deciding on the accession of Cyprus and Malta to the Eurozone, negotiations on the Treaty took over and lasted until the morning of 23 June 2007. The hardest part of the negotiations was reported to be Poland's insistence on 'square root' voting in the EU Council.

Agreement was reached on a 16-page mandate for an Intergovernmental Conference, that proposed removing much of the constitutional terminology and many of the symbols from the old European Constitution text. In addition it was agreed to recommend to the IGC that the provisions of the old European Constitution should be amended in certain key aspects (such as voting or foreign policy). Due to pressure from the United Kingdom and Poland, it was also decided to add a protocol to the Charter of fundamental human rights within the EU (clarifying that it did not extend the rights of the courts to overturn domestic law in Britain or Poland). Among the specific changes were greater ability to opt-out in certain areas of legislation and that the proposed new voting system that was part of the European Constitution would not be used before 2014 (see Provisions below).

In the June meeting, the name 'Reform Treaty' also emerged, finally clarifying that the Constitutional approach was abandoned. Technically it was agreed that the Reform Treaty would amend both the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC) to include most provisions of the European Constitution, however not to combine them into one document. It was also agreed to rename the Treaty establishing the European Community, which is the main functional agreement including most of the substantive provisions of European primary law, to "Treaty on the Functioning of the Union". In addition it was agreed, that unlike the European Constitution where a Charter was part of the document, there would only be a reference to the Charter of Fundamental Rights of the European Union to make that text legally binding. After the council, Poland indicated they wished to re-open some areas. During June, Poland's Prime Minister had controversially stated that Poland would have a substantially larger population were it not for World War II. Another issue was that Dutch prime minister Jan-Peter Balkenende succeeded in a greater role for national parliaments in the EU decision making process, as he declared this to be non-negotiable for Dutch agreement.

Intergovernmental Conference

Portugal had pressed and supported Germany to reach an agreement on a mandate for an Intergovernmental Conference (IGC) under their presidency. After the June negotiations and final settlement on a 16-page framework for the new Reform Treaty, the Intergovernmental conference on actually drafting the new treaty commenced on 23 July 2007. The IGC opened following a short ceremony. The Portuguese presidency presented a 145 page document (with an extra 132 pages of 12 protocols and 51 declarations) entitled the 'Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community' and made it available on the Council of the European Union website as a starting point for the drafting process.

In addition to government representatives and legal scholars from each member state, the European Parliament sent three representatives. These were conservative Elmar Brok, social democratic Enrique Baron Crespo and liberal Andrew Duff.

Before the opening of the IGC, the Polish government expressed a desire to renegotiate the June agreement, notably over the voting system, but relented under political pressure by most other Member States, due to a desire not to be seen as the sole trouble maker over the negotiations.

October European Council

The October European Council, led by Portugal's Prime Minister and then President-in-Office of the European Council, José Sócrates, consisted of legal experts from all Member States scrutinising the final drafts of the Treaty. During the council, it became clear that the Reform Treaty would be called Treaty of Lisbon because its signing would take place in Lisbon, Portugal being the holder of Council presidency at the time.

At the European Council meeting on 18 October and 19 October 2007 in Lisbon, a few last-minute concessions were made to ensure the signing of the treaty. That included giving Poland a slightly stronger wording for the revived Ioannina Compromise, plus a nomination for an additional Advocate General at the European Court of Justice. The creation of the permanent "Polish" Advocate General was formally permitted by an increase of the number of Advocates General from 8 to 11.

Signing

Signing ceremony inside the Jerónimos Monastery

The treaty was signed 13 December 2007 by heads of government for Member States in the Jerónimos Monastery in Lisbon, Portugal. British Prime Minister Gordon Brown did not take part in the main ceremony, instead signing the treaty separately a number of hours after the other delegates. A requirement to appear before a committee of British MPs was cited as the reason for his absence.

Ratification

National ratifications:

  Deposited: 23 countries

  In ratification process: Germany, Poland, and Czech Republic

  Not ratified: Ireland

In order to enter into legal force, the Treaty of Lisbon must be ratified in all Member States. This did not happen as scheduled by the end of 2008. If ratified, the Treaty would come into force on the first day of the month following the deposit of the last ratification.

Most states have ratified or will ratify in parliamentary processes.

Hungary was the first to ratify the Treaty of Lisbon on 17 December 2007. Since that date, according to the official information from the European Union the number of Member States that have approved the Treaty by their Parliament has risen to 26 of the total 27, and the number of Member States that have deposited their ratification with the Government of Italy, which is the final step needed in order for the Treaty of Lisbon to enter into force, to 23.

Referendum

In order for the Irish Government to ratify the Treaty, the Irish government needed to put the matter to a referendum. This requirement arises from a legal precedent that to do otherwise would violate the Irish Constitution. This precedent was established by a 1987 Irish Supreme Court decision that ruled that significant changes to national sovereignty included in the Single European Act require the permission from the Irish voters in the form of a referendum. The Treaty seeks to amend the Single European Act. A part of the Supreme Court decision is that the State's power to determine its foreign relations is held in trust from the people and may not be alienated by the government without their approval.

The proposed Twenty eighth Amendment of the Irish Constitution, that the Republic of Ireland may ratify the Treaty of Lisbon with, was defeated by 53.4% to 46.6%, with a turnout of 53.1%. A Second Referendum on the same Treaty is set to occur on October 2, 2009.

There were unsuccessful calls for governments to hold referendums in some other member states.

At a glance

The table below shows the ratification progress in specific countries of the European Union. Note that the assent of the Head of State represents the approval of the parliamentary procedure, while the deposition of the instrument of ratification refers to the last step of ratification, which requires a separate signature of the Head of State on the instrument for it to be deposited. For the discussion of the specific legal situation in countries which have not deposited instruments of ratification with the Government of Italy, see relevant section below the table.

Signatory	Conclusion date	Chamber			AB	Deposited	Ref.
Austria	9 April 2008	National Council	151	27	5	13 May 2008
	24 April 2008	Federal Council	58	4	0
	28 April 2008	Presidential Assent	Granted
Belgium	6 March 2008	Senate	48	8	1	15 October 2008
	10 April 2008	Chamber of Representatives	116	11	7
	19 June 2008	Royal Assent	Granted
	14 May 2008	Walloon Parliament (regional) (community matters)	56	2	4
	14 May 2008		53	3	2
	19 May 2008	German-speaking Community	22	2	1
	20 May 2008	French Community	67	0	3
	27 June 2008	Brussels Regional Parliament	65	10	1
	27 June 2008	Brussels United Assembly	66	10	0
	10 July 2008	Flemish Parliament (regional) (community matters)	76	21	2
			78	22	3
	11 July 2008	COCOF Assembly	52	5	0
Bulgaria	21 March 2008	National Assembly	195	15	30	28 April 2008
Cyprus	3 July 2008	House of Representatives	31	17	1	26 August 2008
	Unknown	Presidential Assent	Granted
Czech Republic	18 February 2009	Chamber of Deputies	125	61	11	TBD
	6 May 2009	Senate	54	20	5
	TBD	Presidential Assent
Denmark	24 April 2008	Parliament	90	25	0	29 May 2008
	30 April 2008	Royal Assent	Granted
Estonia	11 June 2008	Parliament	91	1	9	23 September 2008
	19 June 2008	Presidential Assent	Granted
Finland	11 June 2008	Parliament	151	27	21	30 September 2008
	12 September 2008	Presidential Assent	Granted
France	7 February 2008	National Assembly	336	52	22	14 February 2008
	7 February 2008	Senate	265	42	13
	13 February 2008	Presidential Assent	Granted
Germany	24 April 2008	Bundestag	515	58	1	TBD
	23 May 2008	Bundesrat	65	0	4
	8 October 2008	Presidential Assent	Granted
Greece	11 June 2008	Parliament	250	42	8	12 August 2008
Hungary	17 December 2007	National Assembly	325	5	14	6 February 2008
	20 December 2007	Presidential Assent	Granted
Ireland	29 April 2008	Dáil (1st ref. bill)	Passed
	9 May 2008	Seanad (1st ref. bill)	Passed
	12 June 2008	Referendum*	46%*	53%*	N/A*
	8 July 2009	Dáil (2nd ref. bill)	Passed
	9 July 2009	Seanad (2nd ref. bill)	Passed
	2 October 2009	Second Referendum
	TBD	Presidential Assent
	TBD	Dáil (statute bill)
	TBD	Seanad (statute bill)
	TBD	Presidential Assent
Italy	23 July 2008	Senate of the Republic	286	0	0	8 August 2008
	31 July 2008	Chamber of Deputies	551	0	0
	2 August 2008	Presidential Assent	Granted
Latvia	8 May 2008	Parliament	70	3	1	16 June 2008
	28 May 2008	Presidential Assent	Granted
Lithuania	8 May 2008	Parliament	83	5	23	26 August 2008
	14 May 2008	Presidential Assent	Granted
Luxembourg	29 May 2008	Chamber of Deputies	47	1	3	21 July 2008
	3 July 2008	Ducal Assent	Granted
Malta	29 January 2008	House of Representatives	65	0	0	6 February 2008
Netherlands	5 June 2008	House of Representatives	111	39	0	11 September 2008
	8 July 2008	Senate	60	15	0
	10 July 2008	Royal Assent	Granted
Poland	1 April 2008	House of Representatives	384	56	12
	2 April 2008	Senate	74	17	6
	9 April 2008	Presidential Assent	Granted
Portugal	23 April 2008	Assembly of the Republic	208	21	0	17 June 2008
	9 May 2008	Presidential Assent	Granted
Romania	4 February 2008	Parliament	387	1	1	11 March 2008
	7 February 2008	Presidential Assent	Granted
Slovakia	10 April 2008	National Council	103	5	1	24 June 2008
	12 May 2008	Presidential Assent	Granted
Slovenia	29 January 2008	National Assembly	74	6	0	24 April 2008
	7 February 2008	Presidential Assent	Granted
Spain	26 June 2008	Congress of Deputies	322	6	2	8 October 2008
	15 July 2008	Senate	232	6	2
	30 July 2008	Royal Assent	Granted
Sweden	20 November 2008	Parliament	243	39	13	10 December 2008
United Kingdom	11 March 2008	House of Commons	346	206	81	16 July 2008
	18 June 2008	House of Lords	Passed
	19 June 2008	Royal Assent	Granted
*Turnout: 53.13% (1,621,037 votes)
*752,451 votes (46.4%) "YES"-votes, 862,415 votes (53.2%) "NO"-votes and 6,171 votes (0.4%) spoilt

Consultative votes

The European Parliament and some special territories of EU Member States carry out votes on the treaties. With respect to these territories a rejection could result in the treaty not applying to the territory in question, although this depends on the domestic laws applicable to the territory in question. The votes do not affect the overall ratification process and the treaty could come into force whether these entities approve the treaty or not.

Territory / body	Conclusion date	Chamber			AB	Ref.
European Parliament	20 February 2008	European Parliament	525	115	29
Åland Islands	TBD	Åland Parliament
Gibraltar	TBD	Gibraltar Parliament

Specific issues

Mandatory ratifications

Ireland

Further information: Twenty-eighth Amendment of the Constitution of Ireland Bill, 2008 and Twenty-eighth Amendment of the Constitution of Ireland Bill, 2009

Ireland was the only Member State that held a referendum on the Treaty of Lisbon, in addition to a parliamentary vote. The Irish voters rejected the treaty in its June 2008 referendum vote. The Irish government is preparing to have another vote again on the issue on 2 October 2009.

First Referendum

The Irish government decided to put the matter to a referendum on the basis of legal advice that to do otherwise would violate the Irish Constitution. This arose from a 1987 Irish Supreme Court decision that ruled that significant changes to the Treaties of the European Union required the permission from the Irish People in the form of a Referendum.

All members from the three government parties supported the 'Yes' campaign, as did all the opposition parties with members in the Oireachtas, with the exception of Sinn Féin. The Green Party, while being a party in the government, did not officially take a line, having failed to reach a two-thirds majority either way at a party congress in January 2008, leaving members free to decide. Most Irish trade unions and business organisations supported the 'Yes' campaign also. Those campaigning for the 'No' vote included political party Sinn Féin, lobby group Libertas, the People Before Profit Alliance and the Socialist Party. The result of the referendum on 12 June 2008 was in opposition to the treaty, with 53.4% against the Treaty and 46.6% in favour, in a 53.1% turnout. A week later, Eurobarometer conducted hours after the vote was released, indicating why the electorate voted as they did. On 10 September, the government published the more in-depth research analysis on voters' states reasons for voting yes or no.

Second Referendum

First plans for a revote appeared in July 2008: The term of the current European Commission would be extended until the Lisbon Treaty comes into force, member states would agree not to reduce the number of Commissioners and Ireland would hold another vote in September or October 2009 after receiving guarantees on abortion, taxation and military neutrality. In a widely-publicised policy paper, published in October 2008, EU specialist Dr. John O'Brennan argued that, presuming that all other 26 member states ratified the Treaty by early 2009, the Irish government would have no option but to hold a second referendum. In November 2008 the Irish Foreign Minister Micheál Martin told his parliamentary Subcommittee on Ireland's Future in the European Union that there was "no question" of Ireland's EU partners putting pressure on its government, and that: "[t]here is an appreciation that the result of the referendum reflected serious and genuinely held concerns".

On 12 December 2008 the Taoiseach, Brian Cowen confirmed that a second referendum would be held, after an EU leaders summit agreed to keep one Commissioner per member state and to incorporate legally binding guarantees on abortion, taxation and military neutrality in the Croatian Accession Treaty.

Czech Republic

With both houses of the Czech parliament having ratified the treaty, in February and May 2009, it now awaits the ratification of the President, Václav Klaus. He declared to be in "no hurry" to ratify the document, as he said to "wait for the outcome of the second Irish referendum", in an "attempt to avoid a potentially unnecessary costly political battle". Under the Czech Constitution ratification requires a presidential signature.

Czech President Klaus opposes ratifying the Lisbon Treaty and has called the process to be brought to an end. In September 2008 he has also stated that he would not sign the treaty unless Ireland had ratified before. He also previously said to be waiting for the verdict of the Constitutional Court concerning complaint against some parts of the treaty that Senat submitted. However, the Court waved the Treaty through on 26 November 2008 . After the Treaty passed both Houses, in May 2009, the group of senators, close to Klaus, declared they "want the Constitutional Court to assess the treaty as a whole this time". They also said to have the support of at least 17 senators, the minimum needed under Czech law to bring a constitutional complaint to the court.

Poland

Ratification in Poland was stalled while awaiting presidential signature (on the instrument of ratification). The President, by that point, did sign the bill which allows him to ratify the treaty (in that bill the procedure for granting consent to ratification was chosen according to Article 90.4 of the Polish constitution). According to his official website, it did not mean that the treaty was ratified in Poland and the actual ratification now lies within his sole competence.

The president, Lech Kaczyński, has cited that it would be pointless to give his final signature before a solution to the Irish no vote is found. This situation is generally attributed to a domestic dispute between the two major political parties PO (the current government) and PiS (the presidential party). The PiS want the PO to enact a new law which would oblige the government to consider the opinion of the president and parliament before every summit of the European Council.

The president has come under increasing pressure from the French Presidency to ratify the treaty with President Sarkozy reminding him that he originally negotiated the treaty.

Germany

German ratification of the Treaty of Lisbon was placed on hold on June 30, 2008. While parliamentary ratification has been completed, formal ratification requires the signature of the President, which has been withheld pending a ruling from the Constitutional Court on its compatibility with the Basic Law, Germany's constitution, following a challenge launched by German Bundestag member Peter Gauweiler, a member of Bavaria's Christian Social Union (CSU), among others, claiming the treaty unconstitutional. Mr. Gauweiler launched a similar challenge to the European Constitution in 2005 but after its failure the Constitutional Court made no ruling on it.

In October 2008 Germany's president Horst Köhler signed the German law which prepares the implementation of the treaty on a national level and has agreed to sign the instrument of ratification of the treaty, but will wait to sign and deposit it in Rome until the Constitutional Court has given its approval. The Court held oral hearings on 10 and 11 February 2009 and a ruling was given on June 30, stating that the treaty was compatible with the German Constitution but the accompanying German Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters infringes the Basic Law.

The 147 page-long ruling focuses on the structure of the European Union according to the Lisbon Treaty and its relationship with the Basic Law. It comes to the conclusion that the treaty does not create a European federal state (which would invalidate the Basic Law and require a referendum), that the structural democratic deficit of the EU institutions cannot be resolved in an association of sovereign national states (since it would break the principle of the equality of states) and that the substance of German state authority is protected. The accompanying act however does not elaborate to the constitutionally required extent on the participation of the German Bundestag and the Bundesrat. Specificially there are several areas according to Basic Law where the German representative on the Council has to act only on the instruction of the Bundestag and/or the Bundesrat of Germany. The law in its current form did not specify this constitutional requirement and therefore the ratification process of the treaty is suspended until the necessary parliamentary oversight is enshrined in the act. The German Bundestag is planning an extraordinary session on 26 August to examine a draft law on strengthening parliamentary oversight. This should then be voted on 8 September.

Consultative ratifications

Åland

The Åland Islands, an autonomous region in Finland, will vote on the Treaty in the regional parliament. A two-thirds majority of the given votes will be required for the Treaty to be accepted. The process has begun, but no date for the vote has yet been set.

The regional (Åland) and the central (Finland) government are currently negotiating how EU-related issues concerning Åland will be treated in the future. The Åland government has put forward four requests that will have to be resolved before accepting the Treaty:

• Its own seat in the European Parliament.
• Right to appear before the European Court of Justice (currently Åland is represented by Finland).
• Participation in the control of the principle of subsidiarity.
• Participation in the meetings of the Council.

At a press conference on 2 September 2008, the Åland government presented the current outcome of the negotiations:

• No seat in the European Parliament for now.
• The right to appear in court and the control of the principle of subsidiarity will be added to the autonomy law.
• The representation in the Council is already possible with the current autonomy law, but will be more formalised.
• A new document of principles regarding EU issues will be written.

No changes in the Treaty itself have been proposed. A rejection of the Treaty on Åland would not prevent the Treaty coming into force in the rest of Finland and the Union.

Finland is set to lose one Member of European Parliament in accordance with both the Treaties of Nice and Lisbon. Åland wishes to maintain their own representative in the European Parliament but this would give the island a disproportionate amount of voter influence, with a value of 30 (relative to Germany), whereas Finland as a whole currently only has a relative influence of 2.

Function

EU's legally
binding basis

Treaty
establishing
the European
Community

Treaty on
European
Union

Charter of
Fundamental
Rights

Treaty
of Lisbon

EU's legally
binding basis

Treaty on the
Functioning of
the European
Union

Treaty on
European
Union

Charter of
Fundamental
Rights

In line with the nature of most amending treaties, the Treaty of Lisbon is not intended to be read as an autonomous text. It consists of a number of amendments to the Treaty on European Union and the Treaty establishing the European Community, the latter being renamed 'Treaty on the Functioning of the European Union' in the process. The Treaty on European Union would, after being amended by the Treaty of Lisbon, provide a reference to the EU's Charter of Fundamental Rights, making that document legally binding. The Treaty on European Union, the Treaty on the Functioning of the European Union and the Charter of Fundamental rights would have equal legal value and combined constitute the European Union's legal basis.

A typical amendment in Treaty of Lisbon text is:

Article 7 shall be amended as follows: (a) throughout the Article, the word "assent" shall be replaced by "consent", the reference to breach "of principles mentioned in Article 6(1)" shall be replaced by a reference to breach "of the values referred to in Article 2" and the words "of this Treaty" shall be replaced by "of the Treaties";

Fundamental Rights Charter

Main article: Charter of Fundamental Rights of the European Union

The Fundamental Rights Charter would enter into force. Among other provisions, it bans capital punishment for current and future Member States.

The fifty-five articles of the Charter of Fundamental Rights list political, social and economic rights for EU citizens. It is intended to make sure that European Union regulations and directives do not contradict the European Convention on Human Rights which is ratified by all EU Member States (and to which the EU as a whole would accede under the Treaty of Lisbon). In the rejected EU Constitution it was integrated into the text of the treaty and was legally binding. The UK, as one of the two countries with a common law legal system in the EU and a largely uncodified Constitution, was against making it legally binding over domestic law. The suggestion by the German presidency that a single reference to it with a single article in the amended treaties, maintaining that it should be legally binding, was implemented. Nevertheless, in an attached protocol, Poland and the United Kingdom have opt-outs from these provisions of the treaty. Article 6 of the Treaty on European Union elevates the Charter to the same legal value as the Treaty on European Union and the Treaty on the Functioning of the European Union.

Amendments

Summary

A European Council President with a 2½ year term de facto replacing the rotating presidency. A single foreign affairs post created by merging the External Relations Commissioner with the CFSP High Representative. Charter of Fundamental Rights from 2000 made legally binding. Pillars merged to 1 legal person increasing the EU's competence to sign treaties. European Council separated officially from the EU Council. Legislative meetings of the EU Council to be held in public. More powerful Parliament by extending codecision with the Councils to more areas of policy. Further enlargement facilitated since the Nice Treaty complicates decision-making if there are too many Member States.

More double majority voting to new areas of policy in the European Council and the EU Council, from 2014 on. National parliaments engaged by expanding scrutiny-time of legislation and enabling them to jointly compel the Commission to review or withdraw legislation. Mutual solidarity obliged if a member state is object of a terrorist attack or the victim of a natural or man-made disaster. Citizens' petitions to be considered by the Commission if signed by 1 million citizens. Combating climate change explicitly stated as an objective. An EU Public Prosecutor An External Action Service Membership withdrawal clause

Central Bank

Further information: European Central Bank

The European Central Bank would become an official institution.

Court of Justice

Further information: European Court of Justice

The Treaty of Lisbon would rename the Court of Justice of the European Communities the 'Court of Justice of the European Union'.

A new 'emergency' procedure would be introduced into the preliminary reference system, which would allow the Court of Justice to act "with the minimum of delay" when a case involves an individual in custody.

The ECJ's jurisdiction would continue to be excluded from matters of foreign policy, though it would have new jurisdiction to review foreign policy sanction measures. It would also have jurisdiction over certain 'Area of Freedom, Security and Justice' (AFSJ) matters not concerning policing and criminal cooperation.

Court of First Instance

Further information: Court of First Instance

The Court of First Instance would be renamed the 'General Court'.

Council

Further information: Council of the European Union

Main article: Extension to qualified majority voting under the Treaty of Lisbon

The Council of the European Union will still be an organised platform of meetings between national ministers of specific departments (e.g. finance- or foreign ministers). Legislative procedural meetings that include debate and voting will be held in public (televised).

The Treaty of Lisbon would expand the use of qualified majority voting (QMV), by making it the standard voting procedure. Though some areas of policy still require unanimous decisions (notably in foreign policy, defence and taxation). QMV is reached when a majority of all member countries (55%) who represent a majority of all citizens (65%) vote in favour of a proposal. When the Council is not acting on a proposal of the Commission, the necessary majority of all member countries is increased to 72% while the population requirement stays the same. To block legislation at least 4 countries have to be against the proposal.

The current Nice treaty voting rules that include a majority of countries (50% / 67%), voting weights (74%) and population (62%) would remain in place until 2014. Between 2014 and 2017 a transitional phase would take place where the new qualified majority voting rules apply, but where the old Nice treaty voting weights can be applied when a member state wishes so. Also from 2014 a new version of the 1994 "Ioannina Compromise" would take effect, which allows small minorities of EU states to call for re-examination of EU decisions they do not like.

Presidency of the Council

Further information: Presidency of the Council of the European Union

The Council would have an 18-month rotating Presidency shared by a trio of Member States, with the purpose of providing more continuity. The exception would be the Council's Foreign Affairs configuration, which would be chaired by the newly created post of Representative for Foreign Affairs and Security Policy.

European Council

Further information: European Council

The European Council of national heads of government or heads of state (either the prime minister or the president), will officially be separated from the Council of the European Union (national ministers for specific areas of policy).

President of the European Council

Further information: President of the European Council

Former Italian EU and trade minister Emma Bonino, German Chancellor Angela Merkel, former British Prime Minister Tony Blair and Luxembourgian Prime Minister Jean-Claude Juncker have, among others, been suggested as possible candidate forerunners.

If ratified the new President of the European Council would be elected for a two and a half year term. The election would take place by a qualified majority among the members of the body, and the President can be removed by the same procedure. Unlike the President of the European Commission, there is no required approval from the European Parliament.

The President's work would be largely administrative in coordinating the work of the Council and organising the meeting. It does however offer external representation of the council and the Union and reports to the European Parliament after Council meetings and at the beginning and end of his or her term.

In many newspapers this new post is being called "President of Europe".

The current post of President-in-Office of the European Council is chaired by the head of government (or state) of the country holding the presidency of the European Union which rotates every six months.

Parliament

Further information: European Parliament

Codecision would be used in new policy areas. Proponents of the treaty claim that this will increase the directly elected Parliament's power and relevance.

The legislative power and relevance of the directly elected European Parliament would, under the provisions of the Treaty of Lisbon, be increased by extending codecision procedure with the Council to new areas of policy. This procedure would also be slightly modified and renamed the become the "ordinary legislative procedure".

In the few remaining areas (called "special legislative procedures"), Parliament would either have the right of consent to a Council measure, or vice-versa, except where the few cases where the old Consultation procedure applied (where the Council would need to consult the European Parliament before voting on the Commission proposal and take its views into account. It would not be bound by the Parliament's position but only by the obligation to consult it. Parliament would need to be consulted again if the Council deviated too far from the initial proposal).

The number of MEPs would be limited to 750, in addition to the President of the Parliament. Because the treaty did not come into effect before 2009, the number of MEPs was limited to 736 according to the Treaty of Nice. The Lisbon treaty would also reduce the maximum number of MEPs from each member state from 99 to 96 (applies to Germany) and increases the minimal number from 5 to 6 (applies to Estonia, Cyprus, Luxembourg and Malta).

The Parliament would also gain greater powers over the entirety of the EU budget, and its authority would be extended from 'obligatory' expenditure to include the budget in its entirety. On the other hand, the Commission would no longer be obliged to submit a preliminary draft budget to the Council, but to submit the budget proposal directly.

National parliaments

Main article: National parliaments of the European Union

The Treaty of Lisbon would expand the role of Member States' parliaments in the work and legislative processes of the EU institutions and bodies, giving them a greater role in responding to new applications for membership (new Article 34 replacing Article 49). National parliaments would be able to veto measures furthering judicial cooperation in civil matters (new Article 69d).

Article 8c says among other things that national parliaments are to contribute to the good functioning of the Union:

• through being informed by, and receive draft legislation from Union institutions.
• by seeing to it that the principle of subsidiarity is respected.
• by taking part in the evaluation mechanisms for the implementation of the Union policies in the area of freedom, security and justice.
• through being involved in the political monitoring of Europol and the evaluation of Eurojust's activities.
• by being notified of applications for EU accession.
• by taking part in the inter-parliamentary cooperation between national parliaments and with the European Parliament.

Protocol 2 provides for a greater role of national parliaments in ensuring that EU measures comply with the principle of subsidiarity. In comparison with the proposed Constitution, the Reform Treaty allows national parliaments eight rather than six weeks to study European Commission legislative proposals and decide whether to send a reasoned opinion stating why the national parliament considers it to be incompatible with subsidiarity. National parliaments may vote to have the measure reviewed. If one third (or one quarter, where the proposed EU measure concerns freedom, justice and security) of national parliaments are in favour of a review, the Commission would have to review the measure and if it decides to maintain it, must give a reasoned opinion to the Union legislator as to why it considers the measure to be compatible with subsidiarity.

Commission

The Commission of the European Communities would officially be renamed 'European Commission'.

The Treaty of Lisbon stated that the size of the Commission would reduce from one per member state to one for two thirds of member states from 2014. This would have ended the arrangement which has existed since 1957 of having at least one Commission for each Member State at all times. However, the Treaty also provided that the European Council could unanimously decide to alter this number. Following the Irish referendum, the Council decided in December 2008 to revert to one Commissioner per member state with effect from the date of entry into force of the Treaty.

The person holding the new post of 'High Representative of the Union for Foreign Affairs and Security Policy' would automatically also be a Vice-President of the Commission.

Foreign relations

Main article: High Representative of the Union for Foreign Affairs and Security Policy

The changes in foreign relations have been seen by some as the core changes in the treaty, in the same way as the Single European Act created a single market, the Maastricht Treaty created the euro, or the Treaty of Amsterdam created greater cooperation in justice and home affairs. Foreign Relations is a policy area which under the Treaty of Lisbon still would require unanimity in the European Council.

Foreign High Representative

The Treaty of Lisbon would create a 'High Representative for Foreign Affairs and Security Policy' from two existing posts currently held by Javier Solana and Benita Ferrero-Waldner.

The Treaty would merge the post of High Representative for the Common Foreign and Security Policy (currently held by Javier Solana) with the European Commissioner for External Relations and European Neighbourhood Policy (currently held by Benita Ferrero-Waldner), creating a 'High Representative of the Union for Foreign Affairs and Security Policy' in an effort to reduce the number of Commissioners, and coordinate the Union's foreign policy with greater consistency. The new High Representative would also become a Vice-President of the Commission, the administrator of the European Defence Agency and the Secretary-General of the Council. He or she would also get an External Action Service and a right to propose defence or security missions. The Constitution called this post the 'Union Foreign Minister'.

Several Member States feared that this post would undermine their national foreign policy, so the EU summit mandated that the IGC would agree to the following Declaration:

[t]he provisions covering Common Foreign and Security Policy (CFSP) including in relation to the (new) High Representative would not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organisations, including a Member State's membership of the UN Security Council. The Conference also notes that the provisions covering CFSP do not give new powers to the Commission to initiate decisions or increase the role of the European Parliament. The Conference also recalls that the provisions governing the CFSP do not prejudice the specific character of the security and defence policy of the Member States.

— Presidency conclusions,

Legal personality and pillar consolidation

See also: Legal person and Three pillars of the European Union

Under the existing treaties, only the European Communities pillar has its own legal personality. Under the new provisions, the three pillars would be merged into one legal personality called the European Union. The Treaty on European Union would after the Treaty of Lisbon state that "The Union shall replace and succeed the European Community." Hence, the existing names of EU institutions would have the word 'Community' removed (e.g. the de facto title 'European Commission' would become official, replacing its treaty name of 'Commission of the European Communities'.)

This merger of the pillars, including the European Community, would partly finalise the progress of establishing various communities and treaty-bodies, that has been going on since around the 1950s. The defence body of Western European Union (WEU) would effectively also be absorbed by the EU, through the European Defence Agency, which would gain a legal role under the Lisbon Treaty.

Since the end of World War II, sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty) in an increasing number of areas, in the European integration project or the construction of Europe (French: la construction européenne). The following timeline outlines the legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration.

Legend:   S: signing   F: entry into force   T: termination   E: expiry     de facto supersession   Rel. w/ EC/EU framework:    de facto inside    outside

European Union (EU)

[Cont.]

European Communities (EC)

(Pillar I)

European Atomic Energy Community (EAEC or Euratom)

[Cont.]

/ / / European Coal and Steel Community (ECSC)

(Distr. of competences)

European Economic Community (EEC)

Schengen Rules

European Community (EC)

'TREVI'

Justice and Home Affairs (JHA, pillar II)

/ North Atlantic Treaty Organisation (NATO)

[Cont.]

Police and Judicial Co-operation in Criminal Matters (PJCC, pillar II)

Anglo-French alliance

[Defence arm handed to NATO]

European Political Co-operation (EPC)

Common Foreign and Security Policy (CFSP, pillar III)

Western Union (WU)

/ Western European Union (WEU)

[Tasks defined following the WEU's 1984 reactivation handed to the EU]

[Social, cultural tasks handed to CoE]

[Cont.]

Council of Europe (CoE)

Entente Cordiale S: 8 April 1904

Dunkirk Treaty S: 4 March 1947 F: 8 September 1947 E: 8 September 1997

Brussels Treaty S: 17 March 1948 F: 25 August 1948 T: 30 June 2011

London and Washington treaties S: 5 May/4 April 1949 F: 3 August/24 August 1949

Paris treaties: ECSC and EDC S: 18 April 1951/27 May 1952 F: 23 July 1952/— E: 23 July 2002/—

Protocol Modifying and Completing the Brussels Treaty S: 23 October 1954 F: 6 May 1955

Rome treaties: EEC and EAEC S: 25 March 1957 F: 1 January 1958

WEU-CoE agreement S: 21 October 1959 F: 1 January 1960

Brussels (Merger) Treaty S: 8 April 1965 F: 1 July 1967

Davignon report S: 27 October 1970

European Council conclusions S: 2 December 1975

Single European Act (SEA) S: 17/28 February 1986 F: 1 July 1987

Schengen Treaty and Convention S: 14 June 1985/19 June 1990 F: 26 March 1995

Maastricht Treaty S: 7 February 1992 F: 1 November 1993

Amsterdam Treaty S: 2 October 1997 F: 1 May 1999

Nice Treaty S: 26 February 2001 F: 1 February 2003

Lisbon Treaty S: 13 December 2007 F: 1 December 2009

Defined policy areas

In the Lisbon Treaty the distribution of competences in various policy areas between Member States and the Union is explicitly stated in the following three categories:

Exclusive competence The Union has exclusive competence to make directives and conclude international agreements when provided for in a Union legislative act. the customs union the establishing of the competition rules necessary for the functioning of the internal market monetary policy for the Member States whose currency is the euro the conservation of marine biological resources under the common fisheries policy common commercial (trade) policy

Shared competence Member States cannot exercise competence in areas where the Union has done so. the internal market social policy, for the aspects defined in this Treaty economic, social and territorial cohesion agriculture and fisheries, excluding the conservation of marine biological resources environment consumer protection transport trans-European networks energy the area of freedom, security and justice common safety concerns in public health matters, for the aspects defined in this Treaty

Supporting competence The Union can carry out actions to support, coordinate or supplement Member States' actions. the protection and improvement of human health industry culture tourism education, youth, sport and vocational training civil protection (disaster prevention) administrative cooperation

Enlargement and secession

  The European Union

  Candidate

  Application submitted

  Stabilisation and Association Process state

  Expressed interest in membership

  Membership debate

A proposal to enshrine the Copenhagen Criteria for further enlargement in the treaty was not fully accepted as there were fears it would lead to Court of Justice judges having the last word on who could join the EU, rather than political leaders.

The treaty introduces an exit clause for members wanting to withdraw from the Union. This formalises the procedure by stating that a member state must inform the European Council before it can terminate its membership. While there has been one instance where a territory has ceased to be part of the Community (Greenland in 1985), no EU laws regulated opportunity to exit the European Union, although member states of the UE could leave it under the general laws of the Vienna Convention on the Law of Treaties.

A new provision in the Treaty of Lisbon is that the status of French, Dutch and Danish overseas territories can be changed more easily, by no longer requiring a full treaty revision. Instead, the European Council may, on the initiative of the member state concerned, change the status of an overseas country or territory (OCT) to an outermost region (OMR) or vice versa. This provision was included on a proposal by the Netherlands, which is investigating the future of the Netherlands Antilles and Aruba in the European Union as part of an institutional reform process that is currently taking place in the Netherlands Antilles.

Revision procedures

The Process for revision of the Treaties is divided into the ordinary revision procedure and simplified revision procedure. In the ordinary procedure the government of a Member State, the European Parliament or the Commission submits proposed amendments to the Council which submits them to the European Council. The national parliaments are also notified on the proposal. The European Council, after consulting the European Parliament and Commission, decides by simple majority whether to examine the amendments. If approved, the Presidency of the European Council will then convene a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. In the case of institutional changes in the monetary area the European Central Bank shall also be consulted. After examining the proposals the Convention will adopt by consensus a recommendation to a conference of representatives of the governments of the Member States convened by the President of the Council to determine by common accord the amendments to be made to the Treaties. Following this the amendments will go through the ratification process in each Member State. The European Council can decide by simple majority after consulting the Commission and with consent of the European Parliament to bypass the Convention process and proceed straight to the conference of representatives.

In the simplified procedure proposals for amendments to Part Three of the Treaty on the Functioning of the European Union, dealing with internal policy and action of the Union, can be submitted directly to the European Council. The European Council then decides by unanimity on amendments to the provisions after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. The Treaties also provide for areas decided by unanimity to be changed to qualified majority after unanimous vote by the European Council after getting the consent of the European Parliament except areas with military implications or on defence. The European Council can also decide by unanimity to change areas decided by special legislative procedures to be decided by the ordinary legislative procedure after getting consent of the European Parliament.

Climate change

The Treaty of Lisbon adds explicit sentences stating that combating climate change and global warming are targets of the Union.

Mutual solidarity

Under the Treaty of Lisbon, Member States should assist if a member state is subject to a terrorist attack or the victim of a natural or man-made disaster (but any joint military action is subject to the provisions of Article 31 of the consolidated Treaty of European Union, which recognises various national concerns). In addition, several provisions of the treaties have been amended to include solidarity in matters of energy supply and changes to the energy policy within the EU.

Defence

The treaty foresees that the European Security and Defence Policy will lead to a common defence agreement for the EU if and when the European Council (national leaders) resolves unanimously to do so and provided that all member states give their approval through their usual constitutional procedures.

Defence and security becomes available to enhanced co-operation.

Opt-outs

Further information: [[:Opt-outs in the European Union]]

United Kingdom and Poland

The "Charter of Fundamental Rights of the European Union" by the European Court of Justice is not to apply fully to the United Kingdom and Poland, although it would still bind the EU institutions and apply to the field of EU law:

Article 1

1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms.
2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law.

Article 2

To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.

— Reform Treaty - Protocol (No 7)

Though the Civic Platform party in Poland had signalled during the 2007 parliamentary elections that it would not seek to opt-out from the Charter, Prime Minister Tusk has since stated that Poland will not sign up to the Charter. Tusk declared that the deals negotiated by the previous Polish government will be honoured, though suggested that Poland may eventually sign up to the Charter at a later date.

Ireland and United Kingdom

Ireland and the United Kingdom have opted out from the change from unanimous decisions to qualified majority voting in the sector of police and judicial affairs; this decision will be reviewed in Ireland three years after the treaty enters into force (if the Treaty is approved). Both states will be able to opt in to these voting issues on a case-by-case basis.

Member States can have opt-outs from some of these policy areas (e.g. UK opt-out from some legislation in the area of freedom, security and justice).

The Treaty will provide countries with the option to opt out of certain EU policies in the area of police and criminal law. Provisions in the Treaty framework draft from the June 2007 summit stated that the division of power between Member States and the Union is a two-way process, implying that powers can be taken back from the union.

Compared to the Constitutional Treaty

Most of the institutional innovations that were agreed upon in the European Constitution, are kept in the Treaty of Lisbon. The most prominent difference is arguably that the Treaty of Lisbon amends existing EU treaties, rather than re-founding the EU by replacing old texts with a single document with the status of a constitution. Other differences include:

• The planned 'Union Minister for Foreign Affairs' has been renamed 'High Representative of the Union for Foreign Affairs and Security Policy'.
• EU symbols like the flag, the motto and the anthem, are not made legally binding in the Treaty of Lisbon. All of them are however already in use; e.g. the flag was adopted in the 1980s. Sixteen EU-countries have declared their allegiance to these symbols in the new treaty, although the annexed declaration is not legally binding.
• In line with eliminating all 'state-like' terminology and symbols, new names for various types of EU legislation have been dropped, in particular the proposal to rename EU regulations and EU directives as EU 'laws'.
• Three EU Member States have negotiated additional opt-outs from certain areas of policy, particularly the UK (see above).
• Due to Poland's pressure during the June Council in 2007, the new voting system will not enter into force before 2014.
• Combating climate-change is explicitly stated as an objective of EU institutions in the Treaty of Lisbon.
• The EU Constitution would have laid down as an objective of the EU the encouraging of "free and undistorted competition". Due to pressure from the French government, this phrase was not included in the Lisbon Treaty. Instead, the text relating to free and undistorted competition in Article 3 of the EC Treaty is kept and moved to Protocol 6 ("On the Internal Market and Competition"). There has been some debate over whether this will have an impact on EU Competition policy in future. Whilst French President Nicolas Sarkozy declared "We have obtained a major reorientation of the union's objectives", EU commissioner Neelie Kroes has refuted such claims, stating "putting it in a Protocol on the internal market clarifies that one cannot exist without the other. They have moved the furniture round, but the house is still there. The Protocol is of equivalent status to the Treaty."

External links

Official websites

• Official website – Europa
  • Treaty of Lisbon (the amendments)
  • Consolidated treaties (the result of the amendments)
  • Ceremony of the signature of the Treaty of Lisbon (video)
• Treaty of Lisbon – European Commission Representation to Ireland
• The Lisbon Treaty 2009 – Irish Department of Foreign Affairs
  • White Paper
• 10 Myths about the Reform Treaty – British Foreign and Commonwealth Office

Media overviews

• Q&A: The Lisbon Treaty – BBC News
• The 'Treaty of Lisbon' – EurActiv
• The EU following the Lisbon Treaty – Eur-charts visualization
• The new EU reform treaty – Federal Union
• Q&A: the EU reform treaty – The Times