IMPACT of the LISBON TREATY

ASSOCIATION OF EUROPEAN CHAMBERS OF COMMERCE AND INDUSTRY

IMPACT of the LISBON TREATY

Arnaldo Abruzzini Secretary General of EUROCHAMBRES


Aims of the meeting

• 1 ) Summary of the main legal and technical changes

• 2 ) Focus on the main innovations impacting lobbying activities of the Chambers at European and national level


Content I. Technical and legal changesII. The new decision making process III Changes for the EP and CommissionIV. Main Innovations

4.1 European Council4.2 President of the European Council +

Rotating trio presidencies 4.3 High Representative and the European

External action service 4.4 Role of the national parliaments4.5 Participatory democracy 4.6 Citizens rights


I. TECHNICAL AND LEGAL CHANGES


1.1 Lisbon Treaty modifies:

a) The Treaty on the European Union (Treaty of Maastricht)

b) The Treaty establishing the European Community (Treaty of Rome)


1.2 A single and full legal personnality.

Now : The European union replaces the European Community and has full legal personnality

The Treaty establishing the European Community now becomes : Treaty on the Functioning of the European Union (TFEU)


1.3 Objectives of the Union

• Competition is no longer an objective of the Union’s policies.


QVM (2/3) of + Consent of the EP

the European Council

•

1.4 Exit clause for MS


1.5 Revision procedures

Simplified revision procedure for modifications related to part 3 of the TFEU (Union policies and internal actions)

Ordinary revision procedure


1.6 Passerelle clause

Possibilibilty without amending the treaties :

a) to change the voting procedures

b) to allow a legislation to be adopted under the ordinary consultation procedure instead of

the special legislative procedure


1.7 European Central Bank

• Now an institution of the EU• Subject to the European Court of Justice


1.8 Charter of the Fundamental Rights

• Not included in the Treaty but in protocol n°8

• Legally binding for MS and EU institutions


1.9 Opt-outs

• UK, PL , CZ: Charter of fundamental rights • UK & Ireland: opt out for immigration visas

and asylum issues

• DK: will continue existing opting out from

justice and home affairs


II. A new decision making process


A more efficient and democratic decision

making process 1. Clearer definition of competences 2. Extension of the co-decision 3. Extension of the QMV 4. Enhanced cooperation


2.1 Clearer delimitation of competences

2.1.1 Exclusive competences • Customs Union • Establishment of competition rules necessary for the

functioning of the internal market • Monetary policy for member states which use the euro • Conservation of the biological resources of the sea as

part of the common fisheries policy • Common trading policy (including issues related to

foreign direct investment) • The conclusion of international agreements and

treaties in a wider range of policy areas ( not only on internal market issues but where the EU has law making power


2.1.2 Shared competences Internal market • Social policy with regard to specific aspects defined in the

Treaty • Economic, social and territorial cohesion • Agriculture and fisheries except for the conservation of the

biological resources of the sea • Environment • Consumer protection • Transport • Transeuropean networks • Energy • Area of freedom, security and justice • Joint security issues with regard to aspects of public health • Research, technological development and space • Development cooperation and humanitarian aid.


2.1.3 Supporting competences

• Protection and improvement of human health • industry • culture • tourism • education, youth, sport and vocational training • civil protection (disaster prevention)

• administrative cooperation


2.2. Extension of codecision

• Co decision between EP and Council becomes the ordinary legislative procedure

• Links to the EP and Commission websites on the co decision files :

• http://ec.europa.eu/codecision/index_en.htm• http://www.europarl.europa.eu/oeil/


2.3 QMV becomes general rule

Only in force in 2014 but till then MS can request to stick to Nice treaty (weighting of votes )

•Approval of 55 % of MS representing at least 65% of the EU population

•Unanimity tax social security citizens rightds, languages , seats of the institutions, main lines of CFSP


2.3.1 Minority Blocking

• From 1 November 2014 to 31 March 2017 75 % of the EU population or 75 % of the MS

• From 1 April 2017 55 % of the EU population or

55 % of the MS


2.4 Enhanced cooperation

• 9 MS can established enhanced cooperation among themselves in area falling under unanimity.

• To be authorized by the European Council after the consent of the EP.

• For CFSP : issues unanimity required at the European Council


III. Institutional changes for the EP and the

Commission


3.1 Institutional changes for the EP

• Extension of the co decision • Exit clause , revision of the treaty , enhanced

cooperation • Budgetary powers increased• Number of MEPs


3.1.1 Budgetary powers of the EP

• No more distinction between compulsory and non compulsory expenditures

• Co decision of the whole EU budget • Financial perspectives : Now legally binding

and included in of a regulation approved by the Council with the EP consent

• Minim period for financial perspective 5 years


3.1.2 Fixed number of MEPs

• Lisbon Treaty : 751 MEPs • 18 new MEPs to be elected or take up function

(only 736 elected in June 2009)

• Till end of the current term of EP : 754 MEPs


3.1.3 New MEPs :Concerned Countries

• +1: Bulgaria, Italy, Latvia, Malta, Netherlands, Slovenia, Poland, UK.

• +2: Austria, France, Sweden

• +4: Spain


3.2 Changes for the European Commission

• As from 2014, the Commission will be composed of 2/3 of the MS unless the European Council decides to alter the number

• Changes in view of the nomination of the HR : DG Relex will merge with the European External Action Service

• Commission keeps Enlargement , Trade & Development policies


IV. Main innovations

1. European Council 2. President of the European Council3. The rotating trio presidencies 4. The high representative for CFSP 5. National parliaments6. Recognition of participative democracy7. Citizens rights


4.1 European Council

• Gives necessary impetus for the EU development

• defines the general political directions and priorities

• No legislative functions.• No voting rights for the President of the

European Council and of the European Commission

• No more than one proxy per Member state


4.2 President of the European Council

• Ensures the preparation and continuity of the work of the European Council and facilitate consensus

• Ensures the external representation of the Union (CFSP) , without prejudice to the powers of the HR

• Term : 2,5 years renewable once


4.3 Rotating trio presidencies

• Chair the general affairs councils and all

specialized councils except the foreign affairs councils chaired by the HR for CFSP

• Give support to the president for the preparation of the European councils


Trio presidencies

• Decision 2009/881/EU of the European . Council

Article 1 : The Presidency of the Council, with the exception of the Foreign Affairs configuration, shall be held by pre-established groups of three Member States for a period of 18 months


Trio Presidencies

• Article 2 Each member of the group shall chair for a six months period all configuration of the Council except the Foreign affairs Council . The other members of the group shall assist the Chair in all its responsibilities on the basis of a common programme. Members of the team may decide alternative arrangements among

themselves


Link between President of the European Council and

Rotating presidency

Working group to coordinate the activities of the

President and rotating trio presidencies


4.4 HR for CFSP

Three different functions : • Council representative • President of the Foreign affairs council • Vice President of the European Commission

(Term in office 5 years)


4.4.1 Role of the HR for CSDP

• Conducts the Union CFSP • Contributes to the development of the the

CFSP • Implements decisions


4.4.2 A New European External Action Service (EEAS)

• Organisation and functioning to be adopted by April 2010 at the latest

• Link to the report of the European Council on the EEAS :

http://register.consilium.europa.eu/pdf/en/09/st14/st14930.en09.pdf


EEAS legal status

• Separate from the Commission and the Council secretariat

• Autonomy in terms of budget and management of staff

• Own section in the EU budget • HR to propose and implement budget


EEAS Staff

• Officials from SG of the Council and • DG of the European Commission • Staff seconded from national diplomatic

services • Work in close cooperation with the diplomatic

services of MS


EEAS/ EU delegations

• EU delegations under the responsibility of the HR

• EU delegations staff : both regular EEAS (head of delegations )+ European Commission staff

• EU delegations to work in close cooperation with diplomatic services of the MS

• EU delegations to play supporting roles as regards diplomatic and consular protection of

EU citizens


EEAS & financial instruments

• Involved in the whole programming and

implementation of financial instruments• Division of labour between European Commission and EEAS still to be finalized • Decision on programming prepared by HR/EEAS and Responsible Commissioners • Final proposal adopted by the European Commission


4.5 National Parliaments

Now involved in the legislative process:• Must be informed of all legislative acts

Information • Control the Subsidiarity principle • Revision of treaties (passerelle clause ) • New candidate applications


Information to National Parliaments

Protocol n °1• EC communications & Draft legislative acts • 8 weeks to examine draft • 1/3 ( ¼ for JHA) against EC must review

• ½ against issues co decision the EU legislator must decide to proceed or not


Subsidiarity and proportionality principle

Protocol n°2 • Any national parliament or chamber of a

national parliament :8 weeks to make opinion • the institutions should take into account the

position• National Parliament can take the case to the

Court of Justice


4.6 Participatory democracy

Article 11TEU: The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent


4. 7 Citizens Rights

• EU Councils when deliberating and voting on a legislative act to be opened to public

• Citizens’ initiative


4.7.1 Citizens’ initiative (C.I)

• Article 11 of the TEU “ Not less than one million of citizens, nationals of a significant number of MS may take the initiative of inviting the Commission within the framework of its powers to submit any appropriate measures where citizens consider that a legal act of the Union is required for the purpose of implementing the treaties “


4.7.2 Public consultation for the C.I

• Launched by the Commission: deadline 31 January 2010

• Issues for Consultations cover 8 issues


4.7.3 Issues of consultations

• Minimum MS • Minimum signatures per MS • Eligibility to support CI minimum age • Form and wording of a CI • Requirements for the collection verification ad

authentication of signatures


• Time limit for the collection of signatures• Registration of CI • Requirements for organisers and funding• Examination of the CI by the Commission

• Initiative on the same issues


Conclusions

• The winners and the looser • Tightrope walkers • Not easy to implement

LET’ S WAIT AND SEE !

Documents

IMPACT of the LISBON TREATY