The structure of the European Union before the Lisbon Treaty

2. The structure of the European Union before the Lisbon Treaty After the entry into force of the Single European Act, on 1 July 1987, the drive towards a monetary union was resumed. A complete internal market cannot continue to function without the keystone of a monetary union. In a system of fluctuating exchange rates the results of cross-border investments remain uncertain. A special committee, chaired by the President of the Commission, Jacques Delors, was entrusted to propose concrete stages towards an EMU.

2.1. A tripartite structure The European Union is composed of the three European Communities, the Common Foreign and Security Policy and the Cooperation in the fields of policy and justice in criminal matters. The TEU is the result of a compromise between the Community method (supranational institutions-qualified majority voting system) and the intergovernmental form of interstate cooperation (equality of Member States).

The European Union is not endowed by legal personality. The EU has no power to conclude international agreements itself. It has to call on its States. The EU is not subjected to supervision by the Court of Justice. The TEU does sketch out the contours of a constitution of the EU, found above all in the Common Provision and in the Final Provisions of the Treaty.

2.2. The objectives, the means and the principles Common Provisions set out the basic aims and principles of the EU. The TEU marks a new stage in the process of creating an ever closer union among the peoples of Europe. The task of the EU is to organize relations between the Member States and between their people.

It has five objectives: 1) economic and social 2) a common external identity 3) an area of freedom, security and justice 4) the introduction of a European citizenship and 5) the protection of the acquis communautaire

The TEU requires the EU to respect fundamental principles and rights. Any serious and persistent breach of principles may lead to a suspension of the voting rights. The EU is to be served by a single institutional framework (SIF) ensuring the consistency and the continuity of the EU’s activities. The SIF consists of the European Council, the European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors.

The EU has to respect the national identities of its Member States. The EU shall provide itself with the means necessary to attain its objectives and carry thought its policies. Final provisions set out the powers of the Court of Justice, the conditions of amendment of the Treaties and the admission of new Member States and the duration of the Treaties.

THE TREATY OF AMSTERDAM The Treaty of Amsterdam, 1997, reconsidered a number of institutional problems that had not been resolved at Maastricht. The structure of the Union was not changed. The creation of a single organization failed. The EU was not explicitly accorded legal personality. Migration policy and judicial cooperation in civil matters were transferred to the EC pillar. To bring the Union closer to its citizens, the principle of open government was included in the Treaty. New coordination mechanisms were established concerning employment policy, public health and consumer protection.

THE TREATY OF NICE The treaty of Nice, 2000, maintained the equal weight of votes in the Council between France and Germany. An extra condition was set for reaching the qualified majority, which is that this should represent at least 62% of the total population of the EU, so that account can be taken of the considerable difference between these two Member States in demographic terms. As to the composition of the Commission, the rule that there is one Commissioner per M.S. is maintained until it reaches the size of 17 M.S.

THE EUROPEAN CONSTITUTION The Treaty establishing a Constitution for Europe, 2004, transformed the structure of the EU: a better division of competences, more democracy, transparency and efficiency. The reforms were prepared by the European Convention, composed of four political forces, the national governments, the national parliaments, the European Commission and the European Parliament. In 2005, the Treaty had been rejected by referendum in France and The Netherlands. The negative referenda proved that the EU continues to suffer from a fundamental problem of legitimacy within its M.S.