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The Lisbon Treaty

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• Since the beginning of the 90’s the EU has been faced with a dual challenge: receiving new Member States and enhancing the efficiency of the decision making process.

• The aim of the European Constitution was to improve the efficiency of the EU’s institutions and make them more democratic.

• After the French and Dutch “NO” in Spring 2005, the problem remained.

• The answer has been provided by the Lisbon Treaty adopted on 18th October 2007.

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4.1. The structure of the European legal order

The EU is no longer the “European Constitution”. The following clauses were abandoned: 1) the constitutional symbols, such as the terms Constitution, Europe Foreign Affairs Minister, laws and framework laws, 2) the EU symbols, such as the flag (a circle of twelve golden stars on a blue background), the anthem (the Ode to Joy from the Ninth Symphony by Ludwig van Beethoven) and the motto (united in the diversity).

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The Lisbon Treaty has not replaced the existing treaties by one text only, as suggested by the European Constitution. It has been limited to the modifications of the existing treaties, hence the name “reform or modifying treaty”.

This new treaty brings modifications to the 1) Treaty on European Union (the Maastricht Treaty, 1992) (modifications concern the institutions, enhanced cooperation, foreign and security policy, defence policy), and 2) Treaty of the European Community (Rome Treaty, 1957), becoming the “Treaty on the functioning of the EU” (TFEU).

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The three pillars are merged together. On 1 December 2009 the European Community was replaced by the European Union which succeeds it and takes over all its rights and obligations.

The EU becomes a legal entity. This implies the ability to enter into a contract, notably to be part of an international convention or be a member of an international organization.

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• The EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

• The EU’s aim is to promote peace, its values and the well-being of its people.

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• The limits of EU competences are governed by the principle of conferral. The use of EU competences is governed by the principles of subsidiarity and proportionality.

• The EU does respect the equality of Member States before the Treaties as well as their national identities.

• The Charter of Fundamental Rights will be legally binding except for the UK and Poland.

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• The unanimity rule governs the revision procedure. However, there are provisions allowing the European Council to decide by unanimity the transfer of the vote over to the qualified majority in some areas (the bridging clauses). The “flexibility clause” permits the extension of the EU’s competences.

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The Institutions of the Union

The European Commission maintains a central role. It has the entire monopoly over the initiative to legislate which provides it with major political importance. As from 2014 the number of Commissioners will correspond to two-thirds of the M.S, (ie 18 in a EU of 27 M.S.). The reduction in the Commission’ s size will avoid any nationalization of the Brussels college, in charge of representing the EU’ s general interest.

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The European Council becomes a common institution of the EU. Another important innovation lies in the creation of a stable presidency.

The previous six-monthly rotation presidency undermined the stability of the work undertaken by the European Council.

Like the European Parliament and the Commission, the European Council will have a full time president.

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The President of the E.C.

1) gives a voice and a face to the EU, 2) represents the EU in the international arena, and

3) chairs and coordinates the EC’ s work by facilitating consensus.

The EC has elected Mr VAN ROMPUY to this post for a team of two and a half year, renewable once.

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The Council of Ministers will meet in public, which is not the case at present. The voting rule has been modified. The new system of double majority of States and population means that an act of the EU will be adopted within the Council if it wins the approval of 55% of EU Member States (i.e. 15 M.S. in a EU of 27 M.S.), representing at least 65% of the EU’ s population.

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The Lisbon Treaty institutes a High Representative of the EU for Foreign Affairs and Security Policy.

Ms Catherine Ashton has been appointed by the European Council with the agreement of the President of the Commission. She has received the consent of the European Parliament, when it voted on the Commission as a body.

She has three different functions: 1) she is at once the Council’ representative for the CFSP, the President of the Foreign Affairs Council and a Vice-President of the Commission.

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2) She is responsible for steering foreign policy and common defense policy.

3) She also represents the EU on the international stage in the field of CFSP.

The post is designed to enhance the consistency and unity of the EU’s external action.

Her term of office is of five years. She will be assisted by the European External Action Service. She will have authority over some 130 delegations of the EU in third countries and international organizations.

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The Court of Justice remains responsible for

1) the respect of the interpretation of EU law across its entire territory,

2) settling disagreements between M.S. and also between the EU and the M.S., as well as between the institutions and between the citizens of the EU.

A new role of National Parliaments is provided for. N. P. will have eight weeks to examine draft European legislative acts.