User:Ssolbergj/sandbox3

Fundamental Rights Charter

The 54-article Charter of Fundamental Rights lists citizens' political, social and economic rights. It is supposed to make sure that EU 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^[1]). 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^[2] and a largely uncodified Constitution, was against making it legally binding over domestic law.^[3] The German presidency suggested a reference to it with a single article in the "Reform Treaty" but maintained that it should be legally binding.^[4] The article elevates the Charter to the same legal value as the Treaty on European Union and the Treaty on the Functioning of the European Union.

“

Article 6

1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, as adapted [at..., on... 2007], which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.

2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties.

3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law."

”

— The Reform Treaty^[1]

Compared to the Constitution

Most of the institutional innovations that were agreed upon in the European Constitution, are kept in the Treaty of Lisbon. The most sunstantial difference is arguably that the Treaty of Lisbon amends existing treaties rather than replacing them with a single document. Other changes include that the planned 'Union Minister for Foreign Affairs' has been renamed 'High Representative of the Union for Foreign Affairs and Security Policy', that the symbols are removed from the text, and that some member states have negotiated new opt-outs from certain areas of policy.

It was agreed to drop most of the state-like features such as the name "constitution", as well as reference to EU symbols (flag, anthem, motto). However all the symbols are already in use, the flag having been adopted in the 1980s, and the Constitution would have just given them a more formal status. So despite being dropped from the text, use will continue: indeed the Parliament, in response to the dropping of the symbols, announced it would make greater use of them. 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 directives as EU "laws".^[4]^[3]^[5]^[6] Sixteen EU-countries have declared their allegiance to these symbols in the new treaty, although the annexed declaration is not legally binding.^[7]^[8]

Amendments

Key innovations

A European Council President

with a 2½ year term replacing the
rotating EU Council 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 one legal person

enabling the EU to sign treaties.

Council of the EU divided

into the 'Council of Ministers' and the
'European Council'. More meetings to
be held in public.

Commission reduced

to less than one commissioner per
country. Nationalies will rotate
regardless of country size.

More relevant Parliament

by extending codecision with the
Councils to more areas of policy.

An exit clause

formalising countries' EU withdrawal.

More double majority voting

to new areas of policy in the
European Council and the Council
of Ministers, from 2014 on.

Common defence foreseen

in that the ESDP leads to a
common defence when the
European Council decides to.

National parliaments engaged

by expanding scrutiny-time of
legislation and enabling them to
jointly compell the Commission
to review or wihdraw 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' initiatives

are to be considered by the
Commission if the petition is
signed by one million EU citizens
from a significant number of
member states.

An EU Public Prosecutor
An External Action Service

Central Bank

The European Central Bank will become an official institution.

Court of Justice

Court of Justice of the European Communities shall be known as the 'Court of Justice of the European Union'

European Council

The Council of the European Union would be abolished and split in two separate institutions, one being the European Council which is a body of heads of member states' governments (either the president or the prime minister).

The Reform Treaty will introduce a new voting procedure in the European Council for legislation which do not require unanimous decisions. This so-called "qualified majority" is reached when a majority of all member countries (55%) who represent a majority of all citizens (65%) vote in favour of the proposal. When the European 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%)) will remain in place until 2014. Between 2014 and 2017 a transitional phase will 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" will take effect, which allows small minorities of EU states to call for re-examination of EU decisions they do not like.^[9]

President of the European Council

The current post of President-in-Office of the European Council is loosely defined, with the Union's treaties stating only that the European Council shall be chaired by the head of government (or state) of the country holding the presidency of the European Union which rotates every six months.^[11] 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 approval from the European Parliament.^[12]

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 term.

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

Council of Ministers

The other part of the abolished Counsil of the European Union, is the Council of Ministers which is an organised platform of meetings between national ministers of specific departments (e.g. finance- or foreign ministers).

President of the Council of Ministers

The Council of Ministers would have an 18-month rotating Presidency shared by a trio of member countries, in an attempt to provide more continuity. The exception would be the Council's Foreign Affairs configuration, which would be chaired by the newly-created Representative for Foreign Affairs and Security Policy.

Parliament

The power of the directly elected European Parliament would be increased under the Reform Treaty. Currently most policy areas fall under co-decision procedure. After ratification of the Reform Treaty this procedure (now called the "ordinary legislative procedure") would apply to virtually all areas of EU policy meaning that the Parliament would have equal powers to those of the Council, with the two of them together constituting a bi-cameral legislature. In the few remaining areas (now called "special legislative procedures"), Parliament either has the right of consent to a Council measure, or vice-versa, except where the few cases where the old Consultation procedure applies (where the Council must consult the European Parliament before voting on the Commission proposal and take its views into account. It is not bound by the Parliament's position but only by the obligation to consult it. Parliament must be consulted again if the Council deviates too far from the initial proposal).

The Parliament also gains greater powers over the entirety of the EU budget, not just non-compulsory expenditure.

National parliaments will be given a greater role in any reform of the EU Treaty (new Article 33 replacing Article 48) and in responding to new applications for membership (new Article 34 replacing Article 49). National parliaments will be able to veto measures furthering judicial cooperation in civil matters (new Article 69d).

“

Article 8c: National Parliaments shall contribute actively to the good functioning of the Union:

(a) through being informed by the institutions of the Union and having draft European legislative acts forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;

(b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality;

(c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 64 of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust's activities in accordance with Articles 69k and 69h of that Treaty;

(d) by taking part in the revision procedures of the Treaties, in accordance with Article 33 of this Treaty;

(e) by being notified of applications for accession to the Union, in accordance with Article 34 of this Treaty;

(f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union.

”

These points were "red line" issues for Dutch prime minister Jan-Peter Balkenende who wanted a greater role for national parliaments in the EU decision making process.^[13]

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 votes are in favour of a review, the Commission will 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.

National parliaments

Commission

The term 'European Commission' will also be used in the treaties instead of the Commission of the European Communities.^[1]

The Treaty would reduce the size of the Commission - the body which has the sole right of initiative to propose new legislative measures - from the present complement of 27 members to 18. That would end the arrangement which has prevailed since the EEC was first established which ensures that each member State always has one of its citizens serving on the Commission. Commissioners are appointed for five year terms. The new system would mean that for five years in any fifteen year cycle, each country will be without a nominee on the Commission.

Foreign relations

Foreign Relations is a policy area which requires unanimity among the members of the EU according to the treaty. The Lisbon Treaty at Article 28A.7 contains what has been described by the EU Presidency (held by Slovenia in the first half of 2008) as a 'mutual defence clause'. This is a new departure for the EU, which hitherto has not had such a clause in its governing treaties.^[14] ^[15]The Treaty will merge the post of High Representative for the Common Foreign and Security Policy with the European Commissioner for External Relations and European Neighbourhood Policy in an effort to reduce the number of Commissioners in the European Commission. The High Representative will also become a Commission vice-president and get a diplomatic corps. The Constitution called this post the Union Foreign Minister. In the Reform Treaty this post will be called High Representative of the Union for Foreign Affairs and Security Policy.^[5]^[16]

Several member states feared that this post will undermine their national foreign policy, so the EU summit mandated that the IGC will agree to the following Declaration:

“

In addition to the specific procedures referred to in [paragraph 1 of Article 11], the Conference underlines that the provisions covering Common Foreign and Security Policy (CFSP) including in relation to the High Representative of the Union for Foreign Affairs and Security Policy and External Action Service will 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 Security Council of the UN.

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^[5]

The changes in foreign relations have been seen by some as the core changes in the treaty, in the same way the Single European Act had created a single market, the Maastricht Treaty had created the euro or the Treaty of Amsterdam created greater cooperation in justice and home affairs.^[17]

Legal personality, pillar collapse and new policy areas

According to the Reform Treaty, the EU's three "pillar" structure would be replaced. The union's competencies in two major legislative areas or "pillars" – Foreign and Security Policy (second pillar) and Police and Judicial Co-operation in Criminal Matters (third pillar) – would be increased at the same time. However the UK was opposed to extension of supranational powers in these areas in order to avoid a national referendum. On foreign policy and defence, the national veto will be retained but other innovations from the constitution are retained.

In the Reform Treaty the policy areas of the EU are classified into one of the following three areas:

Exclusive competence: In this area the EU has exclusive competence to make directives. It also has exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union.
Shared competence: The member states can exercise competence on an issue in this area if the EU has not. Member states can not exercise competence where the EU has exercised competence.
Supporting competence: Here the EU is allowed to carry out actions to support, coordinate or supplement the actions of the Member States.

Exclusive competence	Shared competence	Supporting competence
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 policy	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 area of freedom, security and justice common safety concerns in public health matters, for the aspects defined in this Treaty	protection and improvement of human health industry culture tourism education, youth, sport and vocational training civil protection administrative cooperation

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 a chance to opt out of certain EU policies in the area of police and criminal law – as pushed for by the UK, supported by the Czech Republic.^[16] 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.

Enlargement and secession

The Reform Treaty, just like the European Constitution, will include language on potential member states having to adhere to the bloc's values if they want to become members of the union. A Dutch suggestion to enshrine the Copenhagen Criteria for further enlargement in the new treaty has not been fully taken on board as there are fears it would lead to ECJ judges having the last word on who could join the EU, rather than its political leaders.^[16] During the June 2007 summit Dutch prime minister Jan Peter Balkenende, secured stronger enlargement criteria in the treaty. They make it more difficult for would-be member states to get their applications approved, give slightly more power to national parliaments over proposed EU legislation and add a protocol stating that the new treaty does not affect the right of member states to provide services of general interest.

Just like the European Constitution the Reform Treaty will include a provision that makes it possible for EU member states for the first time to legally and officially terminate their membership. While there has been an instance where a territory has ceased to be part of the EC (Greenland in 1985), there is currently no regulated opportunity to exit the European Union.

Another feature that has been taken over from the European Constitution is that a change of status of an overseas territory of France, Denmark or the Netherlands no longer requires a revision of the Treaties. 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 the other way around.^[18] 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.

Climate change and energy solidarity

The Reform Treaty has additional agreements regarding climate change and the fight against global warming, which have been added as targets for the European Union. 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 European Union.

Solidarity clause

Defence

^ ^a ^b ^c Cite error: The named reference draft was invoked but never defined (see the help page).
^ untitled
^ ^a ^b Mark Tran (21 June 2007). "How the German EU proposals differ from the constitution". The Guardian. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)
^ ^a ^b "LinksDossier: EU in search of a new Treaty". EurActiv.com. 26 April 2007. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)
^ ^a ^b ^c Cite error: The named reference mandate was invoked but never defined (see the help page).
^ Beunderman, Mark (2007-07-11). "MEPs defy member states on EU symbols". EU Observer. Retrieved 2007-07-12. {{cite web}}: Check date values in: |date= (help)
^ "Germany seeks to enshrine EU flag". The Daily Telegraph. 2007-12-11. Retrieved 2007-12-11. {{cite news}}: Check date values in: |date= (help)
^ "Final Act" (PDF). Council of the European Union. 2007-12-03. Retrieved 2007-12-11. {{cite web}}: Check date values in: |date= (help)
^ Honor Mahony (23 June 2007). "EU leaders scrape treaty deal at 11th hour". EU Observer. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)
^ Bertie ahead of Tony Blair in race for EU presidency - National News, Frontpage - Independent.ie
^ Eur-Lex. "Consolidated EU Treaties" (PDF). Retrieved 2007-06-27.
^ Europa website. "SCADPlus: The Institutions of the Union". Retrieved 2007-06-27.
^ Bruno Waterfield and Toby Helm (23 July 2007). "EU treaty must be re-written, warn MPs". The Daily Telegraph. {{cite news}}: Check date values in: |date= (help)
^ http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/sede110208studylisbontreaty_/SEDE110208StudyLisbonTreaty_en.pdf
^ http://www.securitydefenceagenda.org/Portals/7/Documents/2008_esr_51_esr37.pdf
^ ^a ^b ^c Honor Mahony (20 June 2007). "EU treaty blueprint sets stage for bitter negotiations". EU Observer. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)
^ Richard Lamming (28 June 2007). "A treaty for foreign policy" (PDF). EU Observer. Retrieved 2007-08-19. {{cite web}}: Check date values in: |date= (help)
^ The provision reads:
Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:
[...]
(e) the following new paragraph shall be added at the end of the Article:
"6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission."
— Treaty of Lisbon Article 2, point 293

[draft-1] Cite error: The named reference draft was invoked but never defined (see the help page).

[fco-approach-2] untitled

[Guardian21-3] Mark Tran (21 June 2007). "How the German EU proposals differ from the constitution". The Guardian. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)

[EurActiv26-4] "LinksDossier: EU in search of a new Treaty". EurActiv.com. 26 April 2007. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)

[mandate-5] Cite error: The named reference mandate was invoked but never defined (see the help page).

[6] Beunderman, Mark (2007-07-11). "MEPs defy member states on EU symbols". EU Observer. Retrieved 2007-07-12. {{cite web}}: Check date values in: |date= (help)

[7] "Germany seeks to enshrine EU flag". The Daily Telegraph. 2007-12-11. Retrieved 2007-12-11. {{cite news}}: Check date values in: |date= (help)

[8] "Final Act" (PDF). Council of the European Union. 2007-12-03. Retrieved 2007-12-11. {{cite web}}: Check date values in: |date= (help)

[EUObserver23-9] Honor Mahony (23 June 2007). "EU leaders scrape treaty deal at 11th hour". EU Observer. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)

[10] Bertie ahead of Tony Blair in race for EU presidency - National News, Frontpage - Independent.ie

[11] Eur-Lex. "Consolidated EU Treaties" (PDF). Retrieved 2007-06-27.

[Constitution-12] Europa website. "SCADPlus: The Institutions of the Union". Retrieved 2007-06-27.

[13] Bruno Waterfield and Toby Helm (23 July 2007). "EU treaty must be re-written, warn MPs". The Daily Telegraph. {{cite news}}: Check date values in: |date= (help)

[14] ttp://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/sede110208studylisbontreaty_/SEDE110208StudyLisbonTreaty_en.pdf

[15] ttp://www.securitydefenceagenda.org/Portals/7/Documents/2008_esr_51_esr37.pdf

[Observer20-16] Honor Mahony (20 June 2007). "EU treaty blueprint sets stage for bitter negotiations". EU Observer. Retrieved 2007-06-26. {{cite web}}: Check date values in: |date= (help)

[17] Richard Lamming (28 June 2007). "A treaty for foreign policy" (PDF). EU Observer. Retrieved 2007-08-19. {{cite web}}: Check date values in: |date= (help)

[18] The provision reads:
Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:
[...]
(e) the following new paragraph shall be added at the end of the Article:
"6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission."
— Treaty of Lisbon Article 2, point 293

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