Treaties of the European Union
The Treaties of the European Union are effectively the basic constitutional texts of the Union. They set out the objectives of the Union and establish the various institutions which are intended to achieve those aims.
Current treaties
Evolution of the structure and policies of the Union
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) | ||||||||||||||||||
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 |
Davignon report
S: 27 October 1970 |
European Council conclusions
S: 2 December 1975 |
- ^ a b c d e Although not EU treaties per se, these treaties affected the development of the EU defence arm, a main part of the CFSP. The Franco-British alliance established by the Dunkirk Treaty was de facto superseded by WU. The CFSP pillar was bolstered by some of the security structures that had been established within the remit of the 1955 Modified Brussels Treaty (MBT). The Brussels Treaty was terminated in 2011, consequently dissolving the WEU, as the mutual defence clause that the Lisbon Treaty provided for EU was considered to render the WEU superfluous. The EU thus de facto superseded the WEU.
- ^ Plans to establish a European Political Community (EPC) were shelved following the French failure to ratify the Treaty establishing the European Defence Community (EDC). The EPC would have combined the ECSC and the EDC.
- ^ The European Communities obtained common institutions and a shared legal personality (i.e. ability to e.g. sign treaties in their own right).
- ^ The treaties of Maastricht and Rome form the EU's legal basis, and are also referred to as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), respectively. They are amended by secondary treaties.
- ^ Between the EU's founding in 1993 and consolidation in 2009, the union consisted of three pillars, the first of which were the European Communities. The other two pillars consisted of additional areas of cooperation that had been added to the EU's remit.
- ^ The consolidation meant that the EU inherited the European Communities' legal personality and that the pillar system was abolished, resulting in the EU framework as such covering all policy areas. Executive/legislative power in each area was instead determined by a distribution of competencies between EU institutions and member states. This distribution, as well as treaty provisions for policy areas in which unanimity is required and qualified majority voting is possible, reflects the depth of EU integration as well as the EU's partly supranational and partly intergovernmental nature.
Founding treaties
European integration is at present based on four founding treaties:
- The Treaty of Paris, establishing the European Coal and Steel Community, which was signed on 18 April 1951, entered into force on 23 July 1952 and expired on 23 July 2002.
- The Treaty establishing the European Atomic Energy Community (Euratom)
- The Treaty establishing the European Economic Community (EEC), which was signed - along with the Euratom Treaty - in Rome on 25 March 1957, and entered into force on 1 January 1958. These two Treaties are often referred to as the "Treaties of Rome". When the term "Treaty of Rome" is used, only the EEC Treaty is meant.
- The Treaty on European Union, signed in Maastricht on 7 February 1992, entered into force on 1 November 1993. It changed the name of the European Economic Community to simply "the European Community" and introduced new intergovermental structures to deal with the aspects of Common Foreign and Security Policy and "Justice and Home Affairs". The structure formed by these so-called Three Pillars is the European Union, whose scope was now more overtly political as well as economic.
Amending treaties
At times there have been far-reaching reforms bringing major institutional changes and introducing new areas of responsibility for the European institutions:
- The Merger Treaty, signed in Brussels on 8 April 1965 and in force since 1 July 1967, provided for a Single Commission and a Single Council of the then three European Communities.
- The Single European Act, signed in Luxembourg and The Hague on 17 and 28 February 1986, and entered into force on 1 July 1987, provided for the adaptations required for the achievement of the Internal Market (over which later was formed the European Economic Area).
- The Treaty of Amsterdam, signed on 2 October 1997, entered into force on 1 May 1999.
- Its purpose was to simplify decision making in addition to further integrating the Common Foreign and Security Policy concept. It transferred policy on asylum, migration and judicial co-operation in civil matters to the field of supranational decisions (the "First pillar").It also added new provisions on social policy and employment and integrated the Schengen Agreement.
- It amended and renumbered the EU and EC Treaties. The articles of the Treaty on European Union (the Maastricht Treaty), identified in that document by letters A to S, were changed into numerical form. Consolidated versions of the EU and EC Treaties are attached to it.
- The Treaty of Nice, signed on 26 February 2001, entered into force on 1 February 2003.
- It readied the EU for further enlargement, setting a cap on the number of members of the European Parliament (732) and of the European Commission (25). The latter provision meant that larger countries which had previously nominated two commissioners would in future only have one.
- Qualified Majority Voting was again extended to more areas, abolishing the national right to veto in some areas. A concept of "enhanced co-operation" was introduced for countries wishing to forge closer links in areas where other states disagreed.
Accession treaties
Main article: Enlargement of the European Union
The founding treaties have also been amended (in a more limited fashion) whenever new member states acceded:
- 1973: Acts of Accession of Denmark, Ireland, Norway and the United Kingdom, signed in Brussels on 22 January, 1972. (Due to a negative referendum result, Norway did not ratify and thus did not join the EU.)
- 1981: Act of Accession of Greece, signed in Athens on 28 May, 1979.
- 1986: Acts of Accession of Spain and Portugal, signed in Madrid and Lisbon on 12 June, 1985.
- 1995: Acts of Accession of Austria, Sweden, Finland and Norway, signed in Corfu on 24 June 1994. (Norwegian voters again rejected membership in referendum.)
- 2004: Treaty of Accession 2003 signed in Athens on 16 April 2003 (Cyprus, Czech Republic, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Slovenia, Slovakia).
- 2007 : Treaty of Accession 2005 signed in Luxembourg on 13 April 2005 (Bulgaria, Romania).
Budgetary treaties
Lastly there have been two budgetary treaties:
- The Budgetary Treaty of 1970 (more fully the "Treaty amending Certain Budgetary Provisions of the Treaties establishing the European Communities and of the Treaty establishing a Single Council and a Single Commission of the European Communities"), signed in Luxembourg on 22 April 1970, gave the European Parliament the last word on what is known as "non-compulsory expenditure". It came into force on 1 January 1971.
- The Budgetary Treaty of 1975 (more fully the "Treaty amending Certain Financial Provisions of the Treaty establishing the European Communities and of the Treaty establishing a Single Council and a Single Commission of the European Communities"), signed in Brussels on 22 July 1975, gave the European Parliament the power to reject the budget as a whole, and created the European Court of Auditors. It came into force on 1 June 1977.
Unratified treaties
The Treaty instituting a European Defence Community sought to create a pan-European defence force, combining the national armies under a supranational structure. It was signed on 27 May 1952 but the French National Assembly refused to ratify it. It was to lead to a European Political Community Treaty, which was drafted but abandoned after the failed ratification of the EDC Treaty.
The Treaty establishing a Constitution for Europe sought to consolidate, simplify and replace the existing set of overlapping treaties. It was signed on 29 October 2004 and was due to come into force on 1 November 2006, conditional on its ratification by all member states. During the process of ratification, France (on 29 May 2005) and then the Netherlands (on 1 June 2005) rejected the treaty in referendums.
Following the failed ratification of the Constitution, the Lisbon Treaty was agreed on 19 October 2007 at an informal meeting of European leaders in Lisbon. It was signed on 13 December 2007 and, expected ratification was due during 2008, with the treaty coming into force in 2009. The Irish by public referendum, the only member state that held a referendum on the Lisbon Treaty, rejected the treaty on 12 June 2008 and by doing created a considerable obstacle to the possibility of the treaty coming into force.