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The Lisbon Treaty
The Lisbon Treaty, signed on December 13th 2007, has
brought ample changes to the Treaty on
European Union and to the
Treaty establishing the European Community. In comparison to the
previous Treaty, that of Amsterdam, it abolishes the "pillars", it
deals with the separation of competences between the Union and
member States, and it strengthens the democratic principle and the
safeguard of fundamental rights, also through attributing the same
juridical value of the Treaty to the Nice Charter.
It officially
came into force on December 1st, 2009.
The Treaty was compiled
to replace the European Constitution, which was rejected by a 'no'
vote in the French and Dutch referendums of 2005.
The agreement
assimilates a large part the innovations contained in the European
Constitution, since it confirms the form of the State of the Union
that had been foreseen by the European Constitution, from the
prospective of continuity, also eliminating some elements contained
in it. In comparison to that text, the following modifications were
approved by Brussels:
A single Treaty failed to be drawn up
(as for the European Constitution), but the old Treaties were
reformed. The reform Treaty therefore modified the Treaty on
European Union (TUE) and the Treaty establishing the European
Community (TEC). The first has kept its original title while the
second has been denominated "Treaty on the Functioning of the
European union" (TFUE). To these must be added the Charter of
Fundamental Rights of the European Union and the Euratom Treaty (the
latter had not been integrated in the European Constitution);
Every explicit reference to the constitutional nature was removed
from the text: the European symbols were eliminated and there was a
return to the old nomenclature for the acts of the EU: "regulations"
and "directives" in place of "European laws" and "European framework
laws";
It was confirmed that the figure of the European
Council President was no longer to be allocated by rotation and for
a six-month duration but is appointed through a majority vote by the
European Council for a two-and-a-half year term, with the
possibility of renewal once;
The European Foreign Minister"
was renamed High Representative of the Union for foreign Affairs and
Security Policy, although with strengthened powers as indicated in
the old Constitution: he will also be vice-president of the European
Commission (European External Action Service);
The competences
of the EU and the member States are delimited better, explicitly
underlining that the "transfer of sovereignty" can occur both in one
direction (from the Countries to the EU, as has always happened) and
in the other (from the EU to the Countries);
The new
decisional method of the "double majority" will come into effect in
2014 and be fully employed in 2017;
The powers of the national
Parliaments increase and they have more time to examine the
regulations and the directives;
The Charter of Fundamental
Rights of the European Union is not integrated in the Treaty, but
there is a reference to it. The United Kingdom has obtained an
"opt-out" clause so as not to apply it on its territory with the aim
of preserving Common law. The same has been granted to Poland but
with the election to premier of Donald Tusk this country has
promised not to use the "opt-out" clause it has obtained. Just prior
to ratification, the Czech Republic also requested and obtained the
opt-out;
The United Kingdom and Ireland have obtained (for
whoever wants to use it) a mechanism ("opt-out") to be exempted from
majority decisions in the sector "Justice and internal affairs";
It is specified that the CFSP (common foreign and security policy)
has a specific character within the EU and that it cannot compromise
foreign policy and representation at the international institutions
of the member States;
Competition is no longer regarded as a
fundamental objective of the EU, but it is cited in an additional
protocol;
Energy is introduced in the solidarity clause in
which member States pledge to sustain each other in case of need;
The necessity to tackle climate change in the provisions taken
at an international level is specified;
The possibility of
withdrawing from the EU is introduced (up until today, in fact, one
could only adhere).
Guido Bissanti
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