1. Unit E.1, “Institutional Questions“
The Treaty of Lisbon
Overview and Outlook
Sebastian Kurpas
European Commission
General Secretariat
Unit E.1, “Institutional Questions“

2. An Amending Treaty ToL amends the existing treaties
ToL does not replace them
EU thus maintains ist traditional technique of treaty reform (like the Treaty of Amsterdam or the Treaty of Nice)

3. Why a new Treaty? 1. More democratic 2. More efficient
The Treaty of Lisbon makes the EU...
1. More democratic
2. More efficient
3. More transparent
4. More secure and
5. More united on the world stage

4. I. Making the EU more democratic
Horizontal provisions (values, democratic principles, etc.)
EU democracy strengthened at 3 levels:
EU-level
National level
Direct participation of citizens

5. 1. Stressing EU values and democratic principles
ToL stresses EU values (Art. 2 TEU): Human dignity, freedom, democracy, equality, rule of law, respect for human rights
Title on democratic principles (Art TEU)

6. 2. Charter of Fundamental Rights EU
Article 6 (1) TEU makes the Charter legally binding (“… shall have the same legal value as the Treaties“)
Binding for EU institutions and national authorities when they implement EU policy
“The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties
(Art. 6 (1) TEU)

7. 3. EU accession to ECHR foreseen
Commission adopted draft negotiation directives pursuant to Article 218 (3) TFEU on 17 March
ES Presidency priority: Council decision authorising the opening of negotiations for the accession until June
ECHR must be amended within the CoE
Approval of EP
Approval of MS in accordance with constitutional requirements

8. 4. The European Parliament: At eye-level with the Council
Stronger legislative powers: Co-decision procedure has become the rule (ORD)
Stronger budgetary powers: EP has a full say on all categories of expenditure (not just DNO)
EP elects the Commission President
EP has a greater say on future treaty revisions: EP’s consent necessary to avoid a Convention

9. 5. National Parliaments: More control and involvement
New article outlines role of national parliaments in the EU (Art. 12 TEU)
Stronger control over application of subsidiarity principle (‘yellow card’ & ‘orange card’)
Control over abolishing national vetoes (‘passarelle clauses’), Art. 48 (7) TEU
Represented in conventions on treaty reform
Political monitoring of Europol and evaluation of Eurojust‘s activities

10. 6. Citizens’ Initiative: An Element of Direct Democracy
Citizens can invite Commission to propose legislation on any issue falling within its competences to implement the Treaties
1 million citizens from a ‘significant number of countries’ (Commission proposal: 1/3) needed
For the first time: Instrument for Direct Democracy at EU-level
Impetus for common European debate

11. II. Making the EU more efficient
Difficult challenges that Member States cannot face alone, e.g. energy security, climate change, fighting terrorism
High expectations from citizens according to Eurobarometer polls
Enlarged EU needs to preserve its capacity to act

12. 1. A Single Legal Personality for the Union
ToL put an end to distinction between European Community and European Union (legal succession of EC by EU)
Greater coherence on external matters & easier to speak with one voice in the world
Member States retain their role and prerogatives in international relations

13. 2. A More Coherent Framework
ToL abolished the ‘3-pillar’-structure with its different sets of rules and procedures for different policy areas
ToL reduced the number of different legal instruments
Specific rules continue to apply to the Common Foreign and Security Policy, Art. 24 (1) TEU

14. 3. A Permanent President for the European Council
European Council granted the status of a Union institution (budget + rules of procedure)
6-monthly rotation of EC abolished: Permanent president for 2.5 years (renewable once) H. van Rompuy
Rotation of formations in Council of Ministers remained (exception: FA Council => HRVP)
EC President elected by Heads of State and cannot not hold any national office
President chairs the EC, facilitates consensus and ensures continuity (Art. 15 (6) TEU)
President represents the EU externally, without prejudice to the High Representative

15. 4. ‘Double Majority’: A more efficient & transparent voting system
New QMV system based on two elements
Number of countries (55%)
Share of Population (65%)
Application as of 2014
Interim period from 2014 to 2017: Current system can be applied on demand by any country
Further deliberations necessary, if 75% of blocking minority reached (from 2017: 55%)

16. 5. QMV as a General Rule
QMV as part of the ‘ordinary legislative procedure’
Extension of QMV to more than 40 new cases
Legal base formerly under unanimity: E.g. most parts of judicial cooperation on criminal matters and police cooperation
Newly introduced: e.g. energy, space, tourism, sport, civil protection
Certain matters remain under unanimity: e.g. CFSP, matters relating to taxation or social security.

17. 6. A new system of delegated and implementing acts (1)
Delegated Acts (Article 290 TFEU):
‘Non-legislative acts of general application’
Broadly corresponding to measures formerly falling under PRAC
Commission presented a Communication (Art. 290 TFEU = self-executing norm); agreement with other institutions to avoid case-by-case approach
No more Comitology committees, but ex-post control by EP and Council

18. A new system of delegated and implementing acts (2)
Implementing Acts (Art. 291 TFEU):
“Art. 291 TFEU does not foresee role for EP and Council, but Member States
Commission adopted proposal for a regulation on 9 March => ORD
Use of ‘Comitology‘ committees

19. III. Making the Union more transparent
ToL increases transparency in three ways:
A clear division of competences
Enhancing the right of access to information and documents
An explicit exit clause for countries wishing to leave the Union

20. 1. A clear division of competences
Principle of conferral stated explicitly, Art. 5 TEU
Establishment of competence categories & allocation of policies to them (Art. 2-6 TFEU):
Exclusive competences of the EU
Shared competences between EU and MS
Supporting, coordinating or supplementary competences of EU
MS coordinate economic and employment policy within arrangements provided by the EU
EU has competence to define & implement CFSP
Principles of subsidiarity & proportionality determine use of EU competences, Art. 5 TEU

21. 2. Access to information and documents
ToL stipulates that the Council must vote in public; division of Council meetings in two parts (legislative and non-legislative activity), Article 16 (8) TEU
‘Right of Access to Documents’ extends current rules for EU institutions to all bodies, offices and agencies of the Union

22. 3. An exit clause for countries wishing to leave the Union
Underlines the voluntary character of EU membership
Provides an orderly procedure that helps to avoid abrupt decisions:
Notification of the European Council
Withdrawal agreement to be negotiated between the Union and the respective country
If no agreement reached, treaties will cease to apply to the country two years after the initial notification of the European Council

23. IV. External relations (1): A ‘double hat‘
ToL merges High Representative (Council) with Commissioner for External Relations (Commission): => Authority of HR + resources of the Commission
Vice-President of the Commission + chair of foreign affairs council
Supported by a European External Action Service (with staff from Council, Commission and national diplomatic services)
European Council President also ensures external representation (“at his level and in that capacity”)

24. IV. External relations (2): Flexibility and Solidarity
‘Permanent structured cooperation on defense matters’: Possibility to cooperate more closely while respecting Member States that do not want to engage
‘Solidarity clause’: Joint action “in a spirit of solidarity” if a Member State is the target of a terrorist attack or victim of a natural or man-made desaster

25. IV. External relations (3): Humanitarian Aid
Specific legal base for Humanitarian Aid: Will further strengthen the Union in this field
Creation of a “European Voluntary Humanitarian Aid Corps”: Framework for joint contributions from young Europeans to EU humanitarian aid operations

26. V. Justice and Home Affairs (1): Abolition of the 3rd pillar
Integration of police and judicial cooperation on criminal matters (e.g. introduction of qualified majority voting and co-decision)
Special opt-outs for Denmark, Ireland and UK are kept
‘Emergency brake’: Allows Member State to stop an initiative if it is considered to affect “fundamental aspects of the national legal system”; possibility to start enhanced cooperation with at least 9 MS

27. V. Justice and Home Affairs (2): Stronger Institutions
Reinforcement of Europol (Art. 88 TFEU) and Eurojust (Art. 85 TFEU): Better assistance for Member States’ authorities
Possible creation of a European Public Prosecutor (Art. 86 TFEU):
Fighting against fraud and protecting the financial interest of the Union
Possible extension to fighting serious crime with cross-border dimension

28. VI. An Energy Policy for Europe
Introduction of a legal base addressing:
Functioning of the energy market
Security of supply
Energy efficiency & renewables
Interconnection of energy networks
Measures of primarily fiscal nature remain under unanimity
Choice of energy sources (e.g. atomic energy) remains with Member States
Principle of solidarity among Member States: In case of major external supply disruption

29. VII. Overview: Other policies (1)
RTD and Space:
Explicit treaty objective: Creation of a European Research Area (ERA), where researchers, knowledge and technology circulate freely (Art. 179 TFEU)
New article on a European space policy (Art. 189 TFEU)
Economic Policy and Monetary Union:
Elected president of the Eurogroup (for 2 ½ years) mentioned in the treaty
Streamlined decision-making process, e.g. Commission warning can be directly addressed to MS (Art. 120 (4) TFEU)

30. VII. Overview: Other policies (2)
Internal Market and Services:
New legal basis on regulation of EU intellectual property rights
Protocol on ‘Services of General Interest’: Emphasising the importance of public services
Social Policy:
Separate title regrouping relevant treaty provisions
Social values highlighted
Social rights in Charter of Fundamental Rights (‘opt-out’ for UK, Poland and Czech Republic)

31. VII. Overview: Other policies (3)
Sport, Youth and Culture:
New legal base on Sport
Encouragement to engage young people in the “democratic life” of the EU
Cutural matters will shift from unanimity to qualified majority voting
Regional Policy:
Territorial cohesion as a fundamental objective of the Union
Structural funds to be decided by QMV and co-decision (“ordinary legislative procedure”)

32. VII. Overview: Other policies (4)
Trade Policy: Direct Foreign Investment to be included & role of the EP enhanced
Agriculture: Co-decision will make the EP an equal legislator to the Council on many aspects of the Common Agricultural Policy
Budget:
Multi-annual framework will get a legal base
Annual budget: EP gets full say on all categories of expenses

33. VII. Overview: Other policies (5)
New areas of EU complementary and support action:
Tourism
Civil protection
Administrative cooperation
=> EU can only complement or support MS
=>Harmonisation of national laws excluded

34. VIII. Implementation State of Play (End April 2010)
ToL entered into force on 1 December (i.e. 1st day of month after last ratification submitted)
Implementation of ToL: Top priority of ES Council Presidency
Commission: Impressive ‘track-record‘
Issues: EEAS, ECI, Comitology, Accession to ECHR, etc.

35. 1. EEAS
HRVP presented her draft proposal on 25 March; political agreement on amendments in Council; Commission needs to give its consent
COM proposal for revised Financial Regulation adopted on 24 March
Staff regulation: VP Sefcovic consults staff representatives on basis of draft proposal

36. 2. Delegated & Implementing Acts
Article 290 TFEU: Communication adopted on 9 December 2009
Article 291 TFEU:
Proposal for Regulation adopted on 9 March
Joint declaration that old rules apply until new regulation is adopted

37. 3. Citizens‘ Initiative Green Paper adopted on 11 November
Proposal for Regulation adopted on 31 March

38. 4. EU Accession to the ECHR
Commission proposal on negotiating directives adopted on 17 March 2010

39. 5. Budgetary Aspects 3 Commission proposals adopted on 3 March 2010:
Proposal for a Regulation laying down the multiannual financial framework (MFF) for the years
Proposal for a Regulation amending the Financial Regulation (to bring it in line with ToL
Proposal for a residual IIA (concerning provisions that do not fit in either of the above-mentioned)

40. Conclusion: A long process....
Complex negotiations (Almost 10 years since the Nice IGC...)
Producing a complex text (‘horizontal‘ amendment of the existing treaties)
Followed by a complex ratification procedure (27 different national procedures)

41. ...approaching its finalisation
Implementation of Treaty accomplished to a large degree
Treaty provides a clear framework for the years to come
Making full use of Treaty for delivery on policies (EU 2020, Stockholm programme, etc.)
Institutional developments within this framework

42. The Treaty of Lisbon - Taking Europe into the 21st century
Further Information
Europa-website:
The Treaty of Lisbon - Taking Europe into the 21st century