- Centralisation of EU power
- Granting the EU a legal personality
- Creating a President and single Foreign policy post
- New powers for the European Parliament
- Extending ECJ powers into Home Affairs
- Making the Charter of Fundamental Rights (CFR) legally binding
- New powers to harmonise national legal systems
Since the rejection of the 2004 draft constitution, EU leaders supportive of a European Constitution (notably the German Chancellor Angela Merkel and French President Nicolas Sarkozy) explored other means of introducing constitutional provisions. New methods of decision-making are needed, with membership of the EU having risen to 27 nation states having made making the majority of decisions through unanimity impractical. Developments culminated at the EU summit of 21-23 June 2007, at the end of which all 27 states agreed upon a mandate for the Intergovernmental Conference (IGC) to draft the Reform Treaty. Subsequently the Lisbon Treaty was signed in December 2007. The treaty, as it currently stands, aims to draw together resources and harmonise policies
Voting System
The Lisbon Treaty proposes that more decisions in the Council of Ministers should be made by QMV, rather than using unanimous voting. Also, all decisions made using QMV will be subject to the co-decision procedure, so that Parliament and the Council of the EU must both vote. Most decisions made through QMV must be approved by 55% of member states, representing at least 65% of the EU's population. This is part of the compromise on voting weights reached in response to Poland's strong opposition to original proposals. Implementation of the new voting system is not scheduled to occur until 2014.
Majority voting will be extended into 40 new areas, controversially including certain external affairs. Britain has been granted opt-outs in the areas of justice and home affairs.
Theoretically the EU would function with greater efficiency, by passing legislation more easily. However the ability for individual nation states to prevent contentious legislation being passed and implemented would be reduced. It has been calculated that the extension of QMV will cut Britain's ability to prevent legislation that it opposes from being passed by 30%.
Presidential and Foreign Policy Posts
The Lisbon Treaty will create the new posts suggested in the original TCE, extending the Presidency of the Council from six months to two and a half years, and disallowing the occupant from holding a current 'head of state' position. There are fears that this President of the European Council could eventually be merged with the President of the Commission, creating a very powerful position.
The treaty also creates a single foreign policy post, entitled the High Representative of the Union for Foreign Affairs and Security Policy, to conduct foreign policy on behalf of the European Council, such as representing all member states at the UN.
The 'Foreign Minister' would automatically gain membership to the European Commission, but would not have the power to independently generate policy. The treaty abandons the contentious use of the term 'Minister,' in addition to symbols such as the flag and a national anthem that imply a supranational state.
Legal Personality
The CFHR will be given full legal status and accepted by most member states as legally binding, although the UK and Poland have been granted 'opt-outs' from its implications.
It is argued that the inclusion of the CFHR helps develop the concept of EU citizenship. The UK in particular has its own legal traditions that might be undermined by the Treaty, notably its Common Law system that differs from the Civil Law systems found across Europe.
Structural changes and new powers
The ECJ's scope for activity will be extended into new areas, allowing it full jurisdiction over justice and home affairs for the first time. However, the UK secured its ability to opt-out on police cooperation and the option to opt-in on legislation relating to judicial issues, although it has been suggested any opt-outs will be undermined through the extended jurisdiction of the ECJ.
The European Parliament will also have more rights under the Lisbon treaty, placing it level with the European Council regarding legislation and allowing it to elect the President of the Commission. Only 18 commissioners would be appointed, on a rotational basis, rather than the present compliment of 27 permanent posts.
Countries will lose the right to veto over policy in social security, foreign policy, trade, space policy, terrorism prevention, energy, transport and the definition of crimes and sentences. However, cross-border crime could be tackled more efficiently, with police forces able to enter any EU country without first having to gain permission.
Arguments
For
- The Lisbon Treaty clarifies the power of the EU and the role of the nation state.
- Changes to QMV make the voting system fairer for all members and decision-making more democratic.
- The Treaty safeguards citizens' fundamental rights.
- The EU is more likely to pass legislation, even with twenty-seven or more members.
- With the longer-term presidency, individual nation states are less able to pursue specific interests as the leadership is acting in the interests of EU, giving focus and direction.
Against
- It gives the unelected EU Commission greater say over foreign and home affairs. This challenges the principle that sovereign states should have control over these important policy areas.
- The UK will not be able to use its veto to block future changes in an increasing number of areas, potentially even those in which it currently has an opt-out.
- The treaty would make the EU an international actor in its own right, separate from, and superior to, its Member States. It turns what was an international agreement into something more like a single state.
- Changes do not address the EU's democratic deficit - the Commission will remain answerable solely to the European Council and not directly to any EU citizens, as would the new President.
- The ECJ will gain jurisdiction in a range of areas, including the power to dictate the fundamental rights of all EU citizens, with precedence over long-established national institutions.
Quotes
Facts and Figures
- The original Treaty for a Constitution in Europe was seven hundred and eighty-four pages long and written in complex, technical legal language.
- 18 nations ratified the TEC before it was rejected by two electorates, terminating the ratification process.
- Under the Lisbon Treaty, the President will have a significant power base, consisting of 3,500 civil servants in the Council Secretariat.
Ireland rejected the Lisbon Treaty in a referendum in June 2008 with a majority of 53.4% to 46.6%.
''This pact is the point of no return. Europe is becoming an irreversible project, irrevocable after the ratification of this treaty.' - Jean-Pierre Raffarin, French Prime Minister. Quoted in Le Metro (7th October 2004)
"What you cannot do is have a situation where you get a rejection of the treaty and bring it back with a few amendments and say, 'Have another go'. You cannot do that" - Tony Blair, British Prime Minister. Quoted in The Independent (23 April 2004)
"The fundamentals of the Constitution have been maintained in large part" Angela Merkel, German Chancellor. Quoted in El Pais (25 June 2007)
"There is no constitutional change that would justify holding a referendum" - Peter Mandelson, European Trade Commissioner. Quoted in the Telegraph (2nd July 2007)
Technical Terms
Legal Personality: The power to allow the EU to make international agreements by itself, on behalf of member states.
Unanimity: The need for all member states to agree on a proposal before it can be adopted as legislation.
Veto: The right of one country to block a proposal.
Ratification: the process by which member states' parliaments confirm their country's acceptance of a treaty.
Intergovernmental Conference (IGC): the formal procedure for debating and deciding amendments to the EU's founding treaties.
Opt-out: The ability to decline from signing an agreement, against a presumption to do so.
Opt-in: The ability to sign-up to an agreement, against a presumption not to do so.