Treaty of Lisbon:
 |
Treaty of Lisbon amending the Treaty on
European Union and the Treaty establishing
the European Community |
|
|
| Type of treaty |
Amender of previous treaties |
| Drafted |
7–8 September 2007 |
Signed
- location |
13 December 2007
Lisbon, Portugal |
| Sealed |
18 December 2007 |
Effective
- condition |
1 January 2009 or later
ratified by all Member States |
| Signatories |
EU Member States |
| Depositary |
Government of Italy |
| Languages |
23 EU languages |
| Website |
europa.eu/lisbon_treaty |
 |
Wikisource original text:
Treaty of Lisbon |
The Treaty of Lisbon (also known as the Reform Treaty) is a treaty designed to streamline the workings of the European Union (EU) with amendments to the Treaty on European Union (TEU, Maastricht) and the Treaty establishing the European Community (TEC, Rome), the latter being renamed Treaty on the Functioning of the European Union (TFEU) in the process. The stated aim of the treaty is "to complete the process started by the Treaty of Amsterdam 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."[1]
Prominent changes introduced with the Treaty of Lisbon 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, reduction of the number of Commissioners from 27 to 18, eliminating the pillar system, and the creation of a President of the European Union 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 negotiations on modifying the EU institutions began in 2001, first resulting in the European Constitution, which failed due to rejection in two referendums. The Treaty of Lisbon was signed on 13 December 2007 in Lisbon (as Portugal held the EU Council's Presidency at the time), and was planned to have been ratified in all member states by the end of 2008, so it could come into force before the 2009 European elections. 25 of the total 27 member states have completed the ratification. However, the rejection of the Treaty on 12 June 2008 by the Irish electorate means that the treaty cannot currently come into force.[2]
[edit] History
[edit] 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 aims 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 unanimously 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.
[edit] 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.[3]
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.[4] In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty;
[edit] Timetable
Wikisource has original text related to this article:
- 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
[edit] 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.[5]
Angela Merkel brokered a draft treaty agreement in June 2007
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).[6]
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.[6]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.[7] 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.[8]
[edit] 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.[9]
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.[10]
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.[11]
[edit] 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.[12] 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.[13]
[edit] Signing
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.[14]
[edit] Ratification
National ratifications:
Deposited: 23 countries Ratified, not yet deposited: Germany and Poland Pending: Czech Republic Unauthorised: Ireland
In order to enter into legal force, the Treaty of Lisbon must be ratified in all Member States. If this does not happen as scheduled by the end of 2008, the Treaty will come into force on the first day of the month following the last ratification.[15]
Most states have or will ratify in parliamentary processes. The Irish government decided to put the matter to a referendum on the basis of legal advise 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 European Union treaties needed to be authorised by an amendment to the Irish Constitution, always done by referendum. The Irish referendum on the Lisbon Treaty resulted in its rejection by 53.4% of those who voted, against 46.6% for. There were unsuccessful calls to governments to hold referendums in some other member states.
Hungary was the first to ratify the Treaty of Lisbon on 17 December 2007. Since that date, the number of Member States that have completed the ratification has risen to 25 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.[16]
[edit] At a glance
[edit] Consultative votes
The European Parliament and some special territories of EU Member States carry out votes on the treaties. While with respect to these territories a rejection would result in the treaty not applying to the territory in question, such a vote does not affect the overall ratification process. Therefore, the treaty could come into force whether these territories approve or reject the treaty.
[edit] Specific issues
[edit] Czech Republic
Current Czech President, Václav Klaus opposes ratifying the Lisbon Treaty and has called the process to be brought to an end.[93] He has also stated that he would not sign the treaty unless Ireland had ratified before.[94][95]
Under the Czech Constitution ratification requires a presidential signature, though some believe it is unlikely to be withheld should both houses of parliament approve the treaty.[96] The Czech prime minister Mirek Topolánek stated that there is no way for the treaty to be ratified before the end of 2008.[97]
[edit] Finland - Åland Islands
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:
- An 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:[98]
- 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 formalized.
- 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 it 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.[99] 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.[100]
[edit] Ireland
- Further information: Twenty-eighth Amendment of the Constitution of Ireland Bill, 2008
Following a 1987 decision of the Supreme Court of Ireland, international treaties that might be in conflict with the Constitution of Ireland require the assent of the people to amend it so as to permit ratification. Any such amendment needs to be put to a public vote. Thus Ireland was the only Member State that held a referendum on the Treaty of Lisbon, in addition to a parliamentary vote.
All members from the three government parties in the Oireachtas supported the 'Yes' campaign. So did all opposition parties in the parliament, with the exception of Sinn Féin.[101] The Green Party, whilst 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 and the People Before Profit Alliance.[102]
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.[103] A week later, Eurobarometer conducted hours after the vote was released,[104] indicating why the electorate voted as they did. 10 September, the government published the more in-depth research analysis on voters' states reasons for voting yes or no.[105]
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.[106] 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. But the issue will be whether Ireland remains a member of the EU or voluntarily departs.[107] In November 2008 the Irish Foreign Minister Micheal 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: "There is an appreciation that the result of the referendum reflected serious and genuinely held concerns".[108]
[edit] Germany
German ratification of the Treaty of Lisbon was placed on hold on June 30, 2008.[109] 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.[110] Which followed a challenge launched by German MP Peter Gauweiler a member of Bavaria's Christian Social Union (CSU), who sits in the Bundestag, 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 and a presidential signature was never given. [111]
In October 2008 Germany's president Horst Köhler has signed the German law which prepares the implementation of the treaty on a national level and has agreed to sign the instruments of ratification of the treaty, but will wait to sign and deposit it in Rome until the Constitutional Court has given its approval, which is expected to take place in 2009.[112]
[edit] Poland
Ratification in Poland was stalled while awaiting presidential signature (so-called "ratification act"). The President, by that point, did sign the bill which allows him to ratify the treaty[113] (in that bill the procedure for granting consent to ratification was chosen according to Article 90.4 of the Polish constitution.[114]). It did not mean that he finished the ratification of the treaty.[115] The President is not obliged to ratify the treaty.
The president, Lech Kaczyński, has yet to give his final signature and has cited that it would be pointless to do so before a solution to the Irish no vote is found.[116] 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.
[edit] Function
EU's legally
binding basis
| 