Oral presentation of chapter 6: The Constitutional and Lisbon Treaties

The Constitutional Convention3 basic challenges:

To guide citizens to get closer to the European conception and institutions

To organise politics and European political area

To develop a EU in a stable state

The Constitutional Convention5 key-issues to check:

Better definition and separation of competences

Simplification on Union instruments Increase democracy, transparency and

efficiency Reorganisation and simplification of the

treaties Agreement and long term management

of a Constitutional text of the Union

The working of the Constitutional Convention

Organized in 4 forums:1.The Office of the President – focus on the

Convention results2.The Praesidium – provide an orientation and

assuring the organization of the work and the finalization of the tasks

3.Workings Groups – examine specific issues4.Plenary Sessions – debate on general

subjects, deliberate on workshop’s reports and build the final text.

The Intergovernmental Conference (IGC)

In octobre 2003 -> 2 issues remained:

The size of the College of Commissioners. Before 2009, its size should be reduce to 15

The votes rules for the Council of Ministers. Qualified majority voting (QMV) should be abandoned and be replaced by a double majority system

The contents of the Constitutional Treaty (CT): 6 important features

1. The document is not as simple as hoped2. The most of CT content comes from previous

treaties 3. The new content consists in small

amendments4. Give a better coherence and identity to the Union

5. No impact on the intergovermental / supranational balance

6. Great symbolic significance with the use of the word “Constitution”.

2004 Constitutional Treaty signature

Ratification process

(First deadline = 2006)

Referendum vs Parliamentary vote

CT’s symbolic character Customary way of ratification

Domestic political pressures

2005Parliamentary

votes: CT approved by 9

member states

Referendum1 « yes » vote in Spain2 « no » votes in

France The Netherlands

Ratification process into doubt

Reasons for rejectionsForm of the treaty seen as embracing elite

rather than popular wishes

Social and economic values = hypothetically dangerous to existing welfare systems

= directly linked to the treaty

Non treaty matters (enlargement)

Period of reflection2006: EU leaders agree that

The constitutional aspects of the CT would have to be dropped

Routine reformist aspects should largely remain

Treaty reform process (beginning during the German Council Presidency)

2007

March : Berlin declaration (second deadline = the 2009 EP elections)

June : decision to open an IGC : tight mandate = draw up a « Reform Treaty »

July: opening of IGC = largely a technical exercise

Informal summit : agreement on the content of the new treaty

December: signature by national leaders

The named « Reform Treaty » became the « Lisbon Treaty »

Ratification process :- Approval by parliamentary votes in most of the countries, although…

Delays in some countries2008: Irish referendum = rejection

2009: The German Constitutional Court withholds the approval

Poland and Czech Republic = eurosceptic presidents refusal

2009

September: German Parliament passes the law required by the Constitutional Court

October: - second irish referendum = approval

- Polish president approves

November : Czech Republic signed the ratification instrument

Lisbon Treaty's entrance into force - 1st december 2009

Why Lisbon Treaty = CT?

Renegotiation and extended debates unwanted

Modifications provided by CT = still relevant and useful

Why Lisbon treaty ≠ CT?

A Treaty more acceptable to citizens

To accomodate a (limited) number of pressing national and institutional interests

New issues on the political agenda

THE CONTENTS OF LISBON TREATY 

INSTITUTIONS:

The Commission

The president of the Commission must now be nominated by the European Council.

The European Council

Is a separate institution distinct from the Council of minister, and elects its ownpresident by QMV. The responsibilities ofthe president are confined to european Council business.

Created a new president :

Creation of a permanent president of the European Council = mandate of two and half years.

Reason = help ensure policy continuity, raise the EU's profite on the world stage.

Possibility to provide a EU leadership much stronger.

Simplified voting rules : 

Qualified Majority Voting (QMV) instead of unanimous voting.

 

Decision made trough QMV must be approved by double majority 55% EU member ( 15 states) representing at least 65% of the EU population. Enforcement on 2014

 

QMV provisions in the Council makes it easy the decision in some policy areas.

New power given for the European parliament :

EP more rights under the lisbon treaty.

Same weight as the European Council as regards certain low

EP and Council become co-equal decison makers.

The procedures is re-named : the ordinary legislative procedure.

Granted to the Eu a legal personality : 

EU gained a legal personality thanks to lisbon treaty.

 

The charter for Fundemental Rights give full legal status.

 

Charter is not incorporate into the treaties but proclaimed by the president of the Commission, Council, and EP

 

Article 6 TEU have the same legal value as the treaties.

The common Foreign Affairs and Security Policy and a Common Defense Policy.

 A new high representative of the Union for

Foreign Affairs and security policy = to boost the EU's international visibility.

  The responsibilities of the Council high

representative combine into one position. CSDP = mutual assistance clause between

member state.

Tackle the democratie deficit :

Citizens can invite the Commission to submit a legislative proposed by collecting one million signatures ( in a significant number of member states )

Extention to the applicability of the co-decision.

ConclusionDifference between the Lisbon Treaty and previous treaties

Result similar to the previous treaties

Any transformation of the EU nature.

Symbolic aspects would have given the Union the “appearance” of a State

Short time line of the lisbon Treaty December 2001 : Laeken declaration on the future European

Union February 2002 : Constitution Convention opens October 2003: IGC opens October 2004: formal signature on the CT in Rome May/June 2004: “No” result in CT ratification referendum in

France and the Netherlands March 2007: Berlin Declaration presents the wish to salve the

CT issues June 2007: the European Council organises a nex IGC to provide

a base of reform Decembre 2007: Lisbon Treaty is signed by national leaders June 2008: “No” result for Lisbon Treaty in ratification

referendum in Ireland June 2009: the European Council provides some clarifications

and concessions October 2009: “Yes” result for Lisbon Treaty in a second

ratification referendum in Ireland. The Polish President signs the laws that ratifies the Lisbon Treaty

November 2009: the Czech President signs to the laws that ratifies the Lisbon Treaty

December 2009: Lisbon Treaty enters into force