The draft Constitution for Europe signed in 2004 was rejected a year later by France and the Netherlands. However, the Member States needed to move on to the next stage. A reform of the Union of the 25, which would soon become 27, was well and truly needed. The structure of its institutions had to be renovated, its decision-making procedures required more flexibility and the representation of the EU on the international stage needed to be strengthened.
It was the Treaty of Lisbon that allowed the Union to move on to this long-awaited ‘next’ stage. Although it merely modified, rather than replaced, the existing treaties, it was still a major turning point in the history of European integration.
From a purely legal point of view, the Union is now governed by two treaties (excluding the Euratom Treaty): the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), which correspond to the previous treaties (TEU and TEC), following their amendments by the Treaty of Lisbon.
More flexible decision-making procedures
At the decision-making level, the codecision procedure has been extended to numerous sectors (especially police and judicial cooperation), to such an extent that it is now an ‘ordinary’ legislative procedure. At the same time, the powers of the European Parliament have been extended considerably, as this procedure puts it on an equal footing with the Council of Ministers in the decision-making process.
The role of the national parliaments has also been extended. They can now oppose a draft legislative act if a third of them consider that it contravenes the principle of subsidiarity. This threshold is one quarter for draft legislative acts relating to the common space on freedom, security and justice. The draft must be re-examined, but the Commission may decide either to maintain the draft, amend it or withdraw it. This decision must be reasoned.
Under certain circumstances, the European Parliament and the Council may vote on the reasoned opinion of national parliaments and the Commission’s opinion. If, according to a majority of 55% of the members of the Council or a majority of the votes cast in the European Parliament, the proposal does not comply with the principle of subsidiarity, the legislative proposal is dropped.
The matters to which qualified majority voting applies have also increased, encompassing certain competences which had traditionally been intergovernmental, such as police and judicial cooperation. Highly sensitive sectors, such as tax, social security and common foreign and defence policy still require unanimity.
Enhanced status on the international stage
‘Who do I call if I want to speak to Europe?’ asked former US Secretary of State Henry Kissinger. This seemingly harmless question hides a more complex reality. If the European Union is to play a leading role on the world stage, it needs to specify clear contacts and the persons who will represent it at international organisations and to third countries.
It was precisely in response to this question that the Treaty of Lisbon modified the office of High Representative of the Union for Foreign Affairs and Security Policy. The High Representative (HR) is in charge of the EU’s common foreign and security policy and is also Vice-President of the Commission and President of the new Foreign Affairs Council. The Briton Catherine Ashton assumed this office on 1 December 2009.
The Treaty of Lisbon also created the office of permanent President of the European Council. The former Belgian minister Herman Van Rompuy assumed this office on 1 December 2009, when the Treaty entered into force. His job is to chair the various European Councils and to represent the Union on the international stage ‘at the level and to the standard that it merits’, without prejudice to the competences of the High Representative.
It is important to note that the European Council was born of a practice which was adopted in the 1970s and which remained informal for a long time. It is now recognised as a full institution of the Union.
The diplomatic services to the High Representative are being put in place but are not yet operational. On the request of the High Representative, Belgium may be tasked with specific missions in the context of political dialogues, as well when representing the Union in third countries and international organizations. However, Belgium doesn’t do this any more in the capacity of rotating president. It will only act on behalf of and according to the instructions of the High Representative (and the diplomatic service to be), and by its actions will ensure that the Union’s role is established on the international stage.
The possibility of a Citizens’ initiative
The Treaty of Lisbon has pushed the process of EU democratisation even further. The Treaty allows citizens to invite the European Commission to table a proposal before the European Parliament and the EU Council. However, it requires the approval of one million citizens, from a significant number of Member States. The legal act requested must also be necessary, according to the citizens, for the purpose of applying the treaties.
Fundamental rights in the European Union
Thanks to the Treaty, the European Charter of Fundamental Rights now has the same legal value as the Treaties and the Member States must therefore respect it when applying EU law (with the exception of the United Kingdom, Poland and the Czech Republic, which have obtained specific derogations).
Did you know...
that the Lisbon Treaty has abolished the famous ‘pillar’ structure introduced in the Treaty of Maastricht?
The European Union has a legal personality. It has thus replaced the Communities and can now enter into international agreements in all sectors for which it has competences. Equally important, provision has been made for the Union to adhere to the European Convention on Human Rights and Fundamental Freedoms..