assignment year 2, semester a, institutions of the european union

8/7/2019 Assignment Year 2, Semester A, Institutions of the European Union

1/10

George Gkogkidis

1

BRITISH-HELLENIC COLLEGE

European Business Administration

George Gkogkidis

Assignment: Discuss the key institutional changes brought by the Treaty of

Lisbon and give an assessment of their significance.

EBA 225

Institution of the European Union

Dr. Christina Melliou

Athens, 24/12/2010


2/10

George Gkogkidis

2

Terms:

EU: European Union

EP: European Parliament

MEP: Member of the European Parliament

ECJ: European Court of Justice

Vis--vis: Face to face

U.S. United States

Introduction:

In this assignment the institutional changes brought by the Treaty of Lisbon

will be discussed and an assessment of their significance will be given. The

Treaty of Lisbon will be analyzed as a whole as well as information about itsimplementation will be given in order to better comprehend the nature of this

treaty. Finally, opinions on the treatys institutions will be presented in order to

identify how the treaty was received both by the EU & other organizations.


3/10

George Gkogkidis

3

The Lisbon Treaty was signed by the heads of state and government of the27 EU Member States on 13 December 2007. It is intended to reform thefunctioning of the European Union following the two waves of enlargementwhich have taken place since 2004 and which have increased the number ofEU Member States from 15 to 27.

The Lisbon Treaty was drafted as a replacement for the Constitutional Treatywhich was rejected by French and Dutch voters in 2005. ( Lisbon Treaty,2008-2009)

But when was the treaty officially validated?

On the topic of Ratification Lisbon Treaty (2008-2009) it is stated:

Ratification of the Lisbon Treaty began in December 2007 and continuedthroughout 2008 and 2009. While most EU Member States have ratified thetreaty by parliamentary vote, Ireland put the text to a referendum.

Following Ireland's rejection of the Treaty in June 2008, the governments ofthe 27 EU Member States postponed the target date for completing theratification process until 1 January 2010. The Irish people finally voted yes tothe Lisbon Treaty and its additional legal guarantees on 2 October 2009 (67.1percent voted in favor of the new rules while 32.9 percent voted against).

On the 3rd November 2009, all the Member States have finally ratified theLisbon Treaty. The treaty entered into force on 1 December.

The table below demonstrates how and when each country validated thetreaty:

Ratification of the Lisbon Treaty: State of play on 25 September 2009

Country Status Ratification Procedure

Austria Ratified on 13 May 2008 Parliamentary vote

Belgium Ratified on 15 October 2008 Parliamentary vote

Bulgaria Ratified on 28 April 2008 Parliamentary vote

Cyprus Ratified on 26 August 2008 Parliamentary vote

CzechRepublic

Ratified on 3 November 2009 Parliamentary vote

Denmark Ratified on 29 May 2008 Parliamentary vote

Estonia Ratified on 23 September2008

Parliamentary vote

Finland Ratified on 30 September2008

Parliamentary vote

France Ratified on 14 February 2008 Parliamentary vote


4/10

George Gkogkidis

4

Germany Ratified on 25 September2009

Parliamentary vote

Greece Ratified on 12 August 2008 Parliamentary vote

Hungary Ratified on 6 February 2008 Parliamentary vote

Ireland Approved on 2 October 2009 Referendum

Italy Ratified on 8 August 2008 Parliamentary voteLatvia Ratified on 16 June 2008 Parliamentary vote

Lithuania Ratified on 26 August 2008 Parliamentary vote

Luxembourg Ratified on 21 July 2008 Parliamentary vote

Malta Ratified on 6 February 2008 Parliamentary vote

Netherlands Ratified on 2008 Parliamentary vote

Poland Ratified on 10 October 2009 Parliamentary vote

Portugal Ratified on 17 June 2008 Parliamentary vote

Romania Ratified on 11 March 2008 Parliamentary vote

Slovakia Ratified on 24 June 2008 Parliamentary vote

Slovenia Ratified on 24 April 2008 Parliamentary vote

Spain Ratified on 8 October 2008 Parliamentary voteSweden Ratified on 10 December 2008 Parliamentary vote

UnitedKingdom

Ratified on 16 July 2008 Parliamentary vote

Source: Europa 2010

The European Parliament also voted to ratify the Lisbon Treaty on 20February 2008 (525 in favor, 115 against and 29 abstentions. (LisbonTreaty, 2008-2009)

Contents of the Treaty of Lisbon regarding institutions & key institutionalchanges:

Regarding institutional changes (Europa, 2010)

European Parliament

This body represents voters in the EUs member countries. The treaty hasboosted its powers as regards lawmaking, the EU budget and approval ofinternational agreements. The composition of the parliament has also beenchanged - the number of MEPs is capped at 751 (750 plus the president ofthe parliament). Seats are distributed among countries according todegressive proportionality, i.e. MEPs from more populous countries will each

represent more people than those from smaller countries. No country maynow have less than 6 or more than 96 MEPs.


5/10

George Gkogkidis

5

European Council

The European Council, which has the role of driving EU policy -making, nowbecomes a full EU institution. Although it does not gain any new powers, it isheaded by a newly created position of president. Elected by the EuropeanCouncil for 2 years, the main job of the president is to prepare the Councils

work, ensure its continuity and work to secure consensus among membercountries. The president cannot simultaneously hold any elected position oroffice nationally.

The Council of the European Union

The Council represents the EUs member governments. Its role is largelyunchanged. It continues to share lawmaking and budget power with theEuropean Parliament and maintain its central role in common foreign andsecurity policy (CFSP) and coordinating economic policies.

The main change brought by the Treaty of Lisbon concerns the decision

making process. Firstly, the default voting method for the Council is nowqualified majority voting, except where the treaties require a differentprocedure (e.g. a unanimous vote). In practice, this means that qualifiedmajority voting has been extended to many new policy areas (e.g. immigrationand culture).

In 2014, a new voting method will be introduced - double majority voting. Tobe passed by the Council, proposed EU laws will then require a majority notonly of the EUs member countries (55 %) but also of the EU population(65 %). This will reflect the legitimacy of the EU as a union of both peoplesand nations. It will make EU lawmaking both more transparent and more

effective. And it will be accompanied by a new mechanism (similar to theIoannina compromise) enabling a small number of member gover nments(close to a blocking minority) to demonstrate their opposition to a decision.Where this mechanism is used, the Council will be required to do everythingin its power to reach a satisfactory solution between the two parties, within areasonable time period.

European Commission

Its main job is promoting the European public interest. The Treaty offers theperspective that a Commissioner from each Member State becomes Memberof the Commission, while under the former Treaties that number would have

to be reduced to a number inferior to that of Member States.

In another major change, there is a direct link between the results of theEuropean elections and the choice of candidate for president of theCommission.

The president is also stronger, as he/she has the power to dismiss fellowCommissioners.


6/10

George Gkogkidis

6

EU high representative for foreign and security policy / Commission vice -president

The creation of this post is one of the major institutional innovationsintroduced by the Treaty of Lisbon. It should ensure consistency in the EUsdealings with foreign countries and international bodies.

The high representative has a dual role: representing the Council on commonforeign and security policy matters and also being Commissioner for externalrelations. Conducting both common foreign policy and common defensepolicy, he/she chairs the periodic meetings of member countries foreignministers (the foreign affairs Council). And he/she represents the EUscommon foreign and security policy internationally, assisted b y a newEuropean external action service, composed of officials from the Council,Commission and national diplomatic services.

The other institutions

No significant changes have been made to the role or powers of the EuropeanCentral Bank or the Court of Auditors. However, the treaty broadens thescope of the European Court of Justice, especially as regards police andjudicial cooperation in criminal matters, and changes some of its procedures.

National parliaments

Although national parliaments are not pa rt of the EUs official institutionalsetup, they play a vital role in the operation of the EU. The Treaty recognizesand strengthens the role of national parliaments. For example, if a sufficientnumber of national parliaments is convinced that a legislat ive initiative should

better be taken at a local, regional or national level, the Commission eitherhas to withdraw it or give a clear justification why it does not believe that theinitiative is in breach with the principle of subsidiarity.

Other views on main changes brought with the Treaty of Lisbon:

According to Ministry of foreign affairs of the republic of Cyprus (Treaty ofLisbon, December 2009) the notable changes brought with the treaty are:

The creation of the post (President of the European Council), being electedfrom the European Council for a term of two and a half years.

The creation of the post of a High Representative of the Union for Foreignaffairs and security policy, to be appointed by the European Council byqualified majority.


7/10

George Gkogkidis

7

As regards Commission, as from 2014 the number of the Commissionersshould be reduced to two-thirds of the number of Member States.

Moreover, the Treaty provides that the European Parliament wil l have nomore than 751 members. The delegate numbers for each country have beenfixed to a maximum of 96 and a minimum of 6 for each Member State .

The Treaty of Lisbon extends the jurisdiction of the Court of Justice in relationto matters falling within the scope of judicial cooperation in criminal mattersand police cooperation and introduces some amendments with regards to itsprocedures.

As regards the European Central Bank or the Court of Auditors, the Treaty ofLisbon does not introduce any major amendments.

HOUSE OF LORDS (13 March 2008 pp.48)

Conclusions:

The Lisbon Treaty makes highly significant changes to the EuropeanCouncil, the purpose of which is to make the European Council workbetter. It will become part of the EUs formal institutional frameworkand expressly subject, for the first time, to the jurisdiction of the ECJ.

It will be given a more explicit leadership role in the EU.

The creation of a full -time European Council President, in place of aSix-monthly rotation among heads of government, is a significantmove, and is likely to make the European Council more effective atcreating direction and action. This could mean a more active/activistEuropean Councila consequence which would be welcomed in somequarters but not in others.

The European Council President will have two broad roles: theprimary one of leading the European Council and also ensuringthe external representation of the Union on issues concerning theCFSP at his or her level and without prejudice to the High Representative.

Concerns have been raised about the relationship between theEuropean Council President and the other senior leaders of theUnion, particularly the High Representative, the rotatingpresidency of the Council of Ministers, and the President of the

Commission. There is little in the Lisbon Treaty itself to indicatehow these relationships will work; only experience will show. Whilesome progress towards clarifying this may be made before theTreatys provisions come into operation, much will depend on practice.


8/10

George Gkogkidis

8

Another assessment taken from the European Parliament records:

A positive step for the future of the Union

Concludes that, taken as a whole, the Treaty of Lisbon is a substantial

improvement on the existing Treaties, which will bring more democraticaccountability to the Union and enhance its decision -making (through astrengthening of the roles of the European Parliament and the nationalparliaments), enhance the rights of European citizens vis --vis the Union andimprove the effective functioning of the Union's institutions.

Conclusions

7. Endorses the Treaty and stresses the need for all Member States of theUnion to achieve its ratification in good time for its entry into force on1 January 2009.

8. Believes that the Treaty of Lisbon will provide a stable framework whichwill allow further development of the Union in future .

9. Is aware that an amending treaty is inevitably less clear and readable thana codified treaty; calls, therefore, for the immediate publication of theconsolidated Treaties as revised by the Treaty of Lisbon, which would providecitizens with a clearer basic text of the Union;

10. Reiterates its request that all possible efforts be deployed, both by EUinstitutions and national authorities in accordance with the principle of sincerecooperation, in order to inform European citizens clearly and objectively about

the content of the Treaty;

11. Instructs its committee responsible to prepare the necessary changes toits Rules of Procedure and to assess the need for further implementingmeasures.

12. Instructs its President to forward this resolution and the report of theCommittee on Constitutional Affairs to the national parliaments of the MemberStates, to the Council, to the Commission and to the former Members of theConvention on the Future of Europe, and to ensure that Parliament's services,including its information offices, pro vide ample information about Parliament'sposition on the Treaty.

European Parliament Resolution 2007/2286 (INI) EP of 20 February 2008

on the Treaty of Lisbon


9/10

George Gkogkidis

9

From the above statements in can be concluded that the Treaty of Lisbon

although having brought many changes and having made people cautious

about it, it is accepted and thought as a positive reform by many and not only

in the institutional part, but as a whole too. It is worth mentioning the

diplomatic outcome of it also since U.S. President Obama stated (2009 cited

in U.S. Obama congratulates EU on Lisbon Treaty conclusion, LarryDowning) "I congratulated them on the conclusion of the Lisbon Treaty, which

will further move Europe in the direction of integration not only on economic

policy but also on a number of security issues. I believe that a strengthened

and renewed EU will be an even better transatlantic partner with the United

States."


10/10

George Gkogkidis

10

Bibliography

Europa 2010 Efficient & Modern Institutions

http://europa.eu/lisbon_treaty/glance/institutions/index_en.htm [Accessed 24

December 2010].

Europa 2010 In your Countryhttp://europa.eu/lisbon_treaty/countries/index_en.htm# [Accessed 24

December 2010].

European Parliament 2008 European Parliamentresolutionof20 February2008onthe

TreatyofLisbonhttp://www.europarl.europa.eu/sides/getDoc.do?pubRef=-

//EP//TEXT+TA+P6-TA-2008-0055+0+DOC+XML+V0//EN&language=EN[Accessed 24

December 2010].

House of Lords 2008 The Treaty of Lisbon: an impact assessment

http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf

[Accessed 24 December 2010].

Larry Downing 2009 Obama congratulates EU on Lisbon Treaty conclusion

http://en.rian.ru/world/20091104/156705244.html [Accessed 24 December

2010].

Lisbon Treaty Website 2008-2009 Ratification http://www.lisbon-

treaty.org/wcm/ratification.html [Accessed 24 December 2010].

Lisbon Treaty Website 2008-2009 The Lisbon Treaty http://www.lisbon-

treaty.org/wcm/the-lisbon-treaty.html [Accessed 24 December 2010].

Ministry of foreign affairs of the republic of Cyprus 2009 Treaty of Lisbon

http://www.mfa.gov.cy/mfa/mfa2006.nsf/eu06_en/eu06_en?opendocument

[Accessed 24 December 2010].

assignment year 2, semester a, institutions of the european union

Documents