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[edit] 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.
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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." |
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—The Reform Treaty[1] |
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[edit] 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]
[edit] Amendments
[edit] Key innovations
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[edit] Central Bank
- Further information: European Central Bank
The European Central Bank will become an official institution.
[edit] Court of Justice
- Further information: European Court of Justice
Court of Justice of the European Communities shall be known as the 'Court of Justice of the European Union'
[edit] European Council
- Further information: 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]
[edit] President of the European Council
- Further information: President of the European Council
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Former British Prime Minister Tony Blair, Irish Taoiseach Bertie Ahern and Luxembourgian Prime Minister Jean-Claude Juncker have among others been suggested as possible candidate forerunners by much of the media.[10]
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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".
[edit] 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).
[edit] 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.
[edit] Parliament
- Further information: European 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 with the European Council. 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.
[edit] National parliaments
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).
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Article 8c: National Parliaments shall contribute actively to the good functioning of the Union:
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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.
[edit] 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.
[edit] Foreign relations
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The post of High Representative for CFSP (Javier Solana), would be merged with the External Relations Commissioner (Benita Ferrero-Waldner), creating a 'High Representative for Foreign Affairs and Security Policy' who also would be the Commission's Vice President.
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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. |
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—Presidency conclusions[5] |
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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]
[edit] Legal personality and pillar collapse
- See also: Three pillars of the European Union
Under the existing treaties, only the European Communities pillar has its own legal personality. Under the Treaty of Lisbon, the three pillars would be merged into one legal personality called the European Union. The existing names for EU institutions would have the word Community removed (e.g. the de facto title 'European Commission' will become official, replacing its treaty name of 'Commission of the European Communities'.)[1]
[edit] Defined policy areas
The Union's competencies in two major legislative areas (pre-Lisbon) called '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. In foreign policy and defence, national veto in the European Council will be retained.
In the Lisbon Treaty the policy areas of the EU are classified into one of the following three areas:
| Exclusive competence | Shared competence | Supporting competence |
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| Union has exclusive competence to make directives and conclude international agreements when its conclusion is provided for in a Union legislative act. | Member states can not exercise competence in areas where the Union has done so. | Union can carry out actions to support, coordinate or supplement Member States' actions. |
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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.
[edit] 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.
[edit] Climate change
The Treaty of Lisbon explicitly adds explicit sentences that says that combating climate change and global warming are targets of the Union.
[edit] Mutual Solidarity
Under the Treaty of Lisbon, Member States are obliged to assist if a member state is object of a terrorist attack or the victim of a natural or man-made disaster.
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.
[edit] Defence
The treaty foresees that the European Security and Defence Policy will lead to a common defence for the EU when the European Council unanimously decides to.
