The New Europe

From the Constitutional Treaty to the Treaty of Lisbon

Treaty Establishing a Constitution for Europe

Signed by European Council (HOGS) in 2004

Rejected in Referenda in France, the Netherlands

The Constitutional Treaty

Goals:

To consolidate all the treaties into one document

To incorporate the Charter on Fundamental Rights into the Treaty

To be more transparent

To create greater institutional efficiency and accountability

Institutional Changes:

Abolished the EC and the pillars, supplanted by single EU, its symbols, legal personality

Recognized the right of member countries to leave

Expanded use of qualified majority voting (double majority: 55% of member states; 65% of EU population)

Permanent Presidency in the European Council

Formalized the team presidencies in the Council

New post: Union Minister for Foreign Affairs

Ltd size of the EP and the Commision

Decisions made by Council and EP called laws (not directives, regulations)

New focus on values/rights (Charter binding when enforcing EU law)

Simpler revision procedures

Citizens’ initiatives

Failed:

482 pages!!

Not easily available

Poorly publicized

Did not increase legitimacy, in fact, diminished it

Hard for supporters of greater integration to sell; fell short of their aspirations

Ratification Process (2004-2005)

Lithuania first to ratify

Then Hungary, Slovenia, Spain

Low turnout, little knowledge about the treaty

French referendum 29 May

High turnout

Rural, low income, public sector employees

Rejected by 53.3%

Mostly for national/social concerns

EU becoming “too liberal”

What does liberal here mean??

Ironic: the parts in question in Part III, already part of the treaties

Dutch referendum 1 June

61% reject

Then passed referendum in Luxembourg (luke warm)

Cyprus, Latvia, Malta: parliaments ratified

UK, Ireland, Denmark: postponed their referenda

Back pedaling among EU leaders created: The Reform Treaty/Treaty of Lisbon

The Treaty of Lisbon

Symbolically:

Got rid of the symbols, preamble, anthem

Process:

Ratified by 26 member states parliaments; only Ireland held a referendum (based on 1987 Supreme Court decision requiring it)

Institutionally:

Created 2 ½ year Presidency (of the European Council)

President is chosen by the council by qualified majority

Meetings, about once a quarter, mostly in Brussels but once in country hosting six month rotation

President represents EU abroad, represents CFSP

Created High Representative for Foreign Affairs and Security

Responsible for management and implementation of CFSP

European Commission will remain 27 members (concessions to IRL 2008)

New powers for the Commission, Parliament and Court of Justice in the area of Justice and Home Affairs

A redistribution of voting weights, phased in between 2014-2017

Double majority: 55% of member states; 65% of EU’s population

Parliament’s role strengthened vis-à-vis the Council (co-decision)

Number of MEPs will be fixed at 751 (the Parliament elected in June 2009 has 736)

Removal of national vetoes in areas of combating climate change, energy security, emergency aid

Still need unanimity in foreign policy, defense, taxation, social security

Rights

Charter of Fundamental Rights does not appear in the Lisbon Treaty, although it is referenced

National Opt-Outs

UK negotiated opt-out that labor laws, social rights cannot be imposed by EU courts

Poland received assurance that it could not be forced to change its abortion policy

Czech Republic was assured it would not be open to property rights claims by Germans dispossessed of their land after WWII

UK, Ireland and Denmark can opt in or out of all policies in the area of Justice and Home Affairs (visa, asylum policies, immigration etc.)

Ireland also has opt-outs for policies affecting taxation, family policy, state neutrality

Second Irish Referendum October 2009

December 2010 European Court ruling on Irish abortion law