The Treaty of Lisbon

Overview and Outlook

Sebastian Kurpas

European Commission

General Secretariat

Unit E.1, “Institutional Questions“

An Amending Treaty

• ToL amends the existing treaties

• ToL does not replace them

• EU thus maintains ist traditional technique of treaty reform (like the Treaty of Amsterdam or the Treaty of Nice)

Why a new Treaty?

The Treaty of Lisbon makes the EU...

1. More democratic

2. More efficient

3. More transparent

4. More secure and

5. More united on the world stage

I. Making the EU more democratic

• Horizontal provisions (values, democratic principles, etc.)

• EU democracy strengthened at 3 levels:– EU-level– National level– Direct participation of citizens

1. Stressing EU values and democratic principles

• ToL stresses EU values (Art. 2 TEU): Human dignity, freedom, democracy, equality, rule of law, respect for human rights

• Title on democratic principles (Art. 9-12 TEU)

2. Charter of Fundamental Rights EU

• Article 6 (1) TEU makes the Charter legally binding (“… shall have the same legal value as the Treaties“)

• Binding for EU institutions and national authorities when they implement EU policy

• “The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties (Art. 6 (1) TEU)

3. EU accession to ECHR foreseen

• Commission adopted draft negotiation directives pursuant to Article 218 (3) TFEU on 17 March

• ES Presidency priority: Council decision authorising the opening of negotiations for the accession until June

• ECHR must be amended within the CoE• Approval of EP• Approval of MS in accordance with constitutional

requirements

4. The European Parliament: At eye-level with the Council

• Stronger legislative powers: Co-decision procedure has become the rule (ORD)

• Stronger budgetary powers: EP has a full say on all categories of expenditure (not just DNO)

• EP elects the Commission President• EP has a greater say on future treaty

revisions: EP’s consent necessary to avoid a Convention

5. National Parliaments: More control and involvement

• New article outlines role of national parliaments in the EU (Art. 12 TEU)

• Stronger control over application of subsidiarity principle (‘yellow card’ & ‘orange card’)

• Control over abolishing national vetoes (‘passarelle clauses’), Art. 48 (7) TEU

• Represented in conventions on treaty reform• Political monitoring of Europol and

evaluation of Eurojust‘s activities

6. Citizens’ Initiative:An Element of Direct Democracy

• Citizens can invite Commission to propose legislation on any issue falling within its competences to implement the Treaties

• 1 million citizens from a ‘significant number of countries’ (Commission proposal: 1/3) needed

• For the first time: Instrument for Direct Democracy at EU-level

• Impetus for common European debate

II. Making the EU more efficient

• Difficult challenges that Member States cannot face alone, e.g. energy security, climate change, fighting terrorism

• High expectations from citizens according to Eurobarometer polls

• Enlarged EU needs to preserve its capacity to act

1. A Single Legal Personality for the Union

• ToL put an end to distinction between European Community and European Union (legal succession of EC by EU)

• Greater coherence on external matters & easier to speak with one voice in the world

• Member States retain their role and prerogatives in international relations

2. A More Coherent Framework

• ToL abolished the ‘3-pillar’-structure with its different sets of rules and procedures for different policy areas

• ToL reduced the number of different legal instruments

• Specific rules continue to apply to the Common Foreign and Security Policy, Art. 24 (1) TEU

3. A Permanent President for the European Council

• European Council granted the status of a Union institution (budget + rules of procedure)

• 6-monthly rotation of EC abolished: Permanent president for 2.5 years (renewable once) H. van Rompuy

• Rotation of formations in Council of Ministers remained (exception: FA Council => HRVP)

• EC President elected by Heads of State and cannot not hold any national office

• President chairs the EC, facilitates consensus and ensures continuity (Art. 15 (6) TEU)

• President represents the EU externally, without prejudice to the High Representative

4. ‘Double Majority’: A more efficient & transparent voting system

• New QMV system based on two elements– Number of countries (55%)– Share of Population (65%)

• Application as of 2014• Interim period from 2014 to 2017: Current

system can be applied on demand by any country

• Further deliberations necessary, if 75% of blocking minority reached (from 2017: 55%)

5. QMV as a General Rule• QMV as part of the ‘ordinary legislative

procedure’• Extension of QMV to more than 40 new

cases– Legal base formerly under unanimity: E.g. most

parts of judicial cooperation on criminal matters and police cooperation

– Newly introduced: e.g. energy, space, tourism, sport, civil protection

• Certain matters remain under unanimity: e.g. CFSP, matters relating to taxation or social security.

6. A new system of delegated and implementing acts (1)

• Delegated Acts (Article 290 TFEU): – ‘Non-legislative acts of general application’

– Broadly corresponding to measures formerly falling under PRAC

• Commission presented a Communication (Art. 290 TFEU = self-executing norm); agreement with other institutions to avoid case-by-case approach

• No more Comitology committees, but ex-post control by EP and Council

A new system of delegated and implementing acts (2)

• Implementing Acts (Art. 291 TFEU):

• “Art. 291 TFEU does not foresee role for EP and Council, but Member States

• Commission adopted proposal for a regulation on 9 March => ORD

• Use of ‘Comitology‘ committees

III. Making the Union more transparent

ToL increases transparency in three ways:

• A clear division of competences

• Enhancing the right of access to information and documents

• An explicit exit clause for countries wishing to leave the Union

1. A clear division of competences• Principle of conferral stated explicitly, Art. 5

TEU

• Establishment of competence categories & allocation of policies to them (Art. 2-6 TFEU):– Exclusive competences of the EU– Shared competences between EU and MS– Supporting, coordinating or supplementary

competences of EU– MS coordinate economic and employment policy

within arrangements provided by the EU– EU has competence to define & implement CFSP

• Principles of subsidiarity & proportionality determine use of EU competences, Art. 5 TEU

2. Access to information and documents

• ToL stipulates that the Council must vote in public; division of Council meetings in two parts (legislative and non-legislative activity), Article 16 (8) TEU

• ‘Right of Access to Documents’ extends current rules for EU institutions to all bodies, offices and agencies of the Union

3. An exit clause for countries wishing to leave the Union

• Underlines the voluntary character of EU membership

• Provides an orderly procedure that helps to avoid abrupt decisions:– Notification of the European Council– Withdrawal agreement to be negotiated between the

Union and the respective country– If no agreement reached, treaties will cease to apply to

the country two years after the initial notification of the European Council

IV. External relations (1): A ‘double hat‘

• ToL merges High Representative (Council) with Commissioner for External Relations (Commission): => Authority of HR + resources of the Commission

• Vice-President of the Commission + chair of foreign affairs council

• Supported by a European External Action Service (with staff from Council, Commission and national diplomatic services)

• European Council President also ensures external representation (“at his level and in that capacity”)

IV. External relations (2): Flexibility and Solidarity

• ‘Permanent structured cooperation on defense matters’: Possibility to cooperate more closely while respecting Member States that do not want to engage

• ‘Solidarity clause’: Joint action “in a spirit of solidarity” if a Member State is the target of a terrorist attack or victim of a natural or man-made desaster

IV. External relations (3):Humanitarian Aid

• Specific legal base for Humanitarian Aid: Will further strengthen the Union in this field

• Creation of a “European Voluntary Humanitarian Aid Corps”: Framework for joint contributions from young Europeans to EU humanitarian aid operations

V. Justice and Home Affairs (1): Abolition of the 3rd pillar

• Integration of police and judicial cooperation on criminal matters (e.g. introduction of qualified majority voting and co-decision)

• Special opt-outs for Denmark, Ireland and UK are kept

• ‘Emergency brake’: Allows Member State to stop an initiative if it is considered to affect “fundamental aspects of the national legal system”; possibility to start enhanced cooperation with at least 9 MS

V. Justice and Home Affairs (2): Stronger Institutions

• Reinforcement of Europol (Art. 88 TFEU) and Eurojust (Art. 85 TFEU): Better assistance for Member States’ authorities

• Possible creation of a European Public Prosecutor (Art. 86 TFEU):– Fighting against fraud and protecting the

financial interest of the Union– Possible extension to fighting serious crime

with cross-border dimension

VI. An Energy Policy for Europe

• Introduction of a legal base addressing:– Functioning of the energy market

– Security of supply

– Energy efficiency & renewables

– Interconnection of energy networks

• Measures of primarily fiscal nature remain under unanimity

• Choice of energy sources (e.g. atomic energy) remains with Member States

• Principle of solidarity among Member States: In case of major external supply disruption

VII. Overview: Other policies (1)

• RTD and Space: – Explicit treaty objective: Creation of a European

Research Area (ERA), where researchers, knowledge and technology circulate freely (Art. 179 TFEU)

– New article on a European space policy (Art. 189 TFEU)

• Economic Policy and Monetary Union: – Elected president of the Eurogroup (for 2 ½ years)

mentioned in the treaty– Streamlined decision-making process, e.g. Commission

warning can be directly addressed to MS (Art. 120 (4) TFEU)

VII. Overview: Other policies (2)

• Internal Market and Services:– New legal basis on regulation of EU intellectual

property rights

– Protocol on ‘Services of General Interest’: Emphasising the importance of public services

• Social Policy: – Separate title regrouping relevant treaty provisions

– Social values highlighted

– Social rights in Charter of Fundamental Rights (‘opt-out’ for UK, Poland and Czech Republic)

VII. Overview: Other policies (3)

• Sport, Youth and Culture:– New legal base on Sport– Encouragement to engage young people in the

“democratic life” of the EU– Cutural matters will shift from unanimity to qualified

majority voting• Regional Policy:

– Territorial cohesion as a fundamental objective of the Union

– Structural funds to be decided by QMV and co-decision (“ordinary legislative procedure”)

VII. Overview: Other policies (4)

• Trade Policy: Direct Foreign Investment to be included & role of the EP enhanced

• Agriculture: Co-decision will make the EP an equal legislator to the Council on many aspects of the Common Agricultural Policy

• Budget: – Multi-annual framework will get a legal base

– Annual budget: EP gets full say on all categories of expenses

VII. Overview: Other policies (5)

New areas of EU complementary and support action:

• Tourism

• Civil protection

• Administrative cooperation

=> EU can only complement or support MS

=>Harmonisation of national laws excluded

VIII. Implementation State of Play (End April 2010)

• ToL entered into force on 1 December (i.e. 1st day of month after last ratification submitted)

• Implementation of ToL: Top priority of ES Council Presidency

• Commission: Impressive ‘track-record‘

• Issues: EEAS, ECI, Comitology, Accession to ECHR, etc.

1. EEAS

• HRVP presented her draft proposal on 25 March; political agreement on amendments in Council; Commission needs to give its consent

• COM proposal for revised Financial Regulation adopted on 24 March

• Staff regulation: VP Sefcovic consults staff representatives on basis of draft proposal

2. Delegated & Implementing Acts

• Article 290 TFEU: Communication adopted on 9 December 2009

• Article 291 TFEU: – Proposal for Regulation adopted on 9

March

– Joint declaration that old rules apply until new regulation is adopted

3. Citizens‘ Initiative

• Green Paper adopted on 11 November

• Proposal for Regulation adopted on 31 March

4. EU Accession to the ECHR

• Commission proposal on negotiating directives adopted on 17 March 2010

5. Budgetary Aspects

3 Commission proposals adopted on 3 March 2010:• Proposal for a Regulation laying down the

multiannual financial framework (MFF) for the years 2007-2013

• Proposal for a Regulation amending the Financial Regulation (to bring it in line with ToL

• Proposal for a residual IIA (concerning provisions that do not fit in either of the above-mentioned)

Conclusion: A long process....

• Complex negotiations (Almost 10 years since the Nice IGC...)

• Producing a complex text (‘horizontal‘ amendment of the existing treaties)

• Followed by a complex ratification procedure (27 different national procedures)

...approaching its finalisation

• Implementation of Treaty accomplished to a large degree

• Treaty provides a clear framework for the years to come

• Making full use of Treaty for delivery on policies (EU 2020, Stockholm programme, etc.)

• Institutional developments within this framework

Further Information

Europa-website: The Treaty of Lisbon - Taking Europe into the

21st century

http://europa.eu/lisbon_treaty/index_en.htm