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The Lisbon Treaty Overview of the most important changes. Tamara Ćapeta 2010. Amending the Founding Treaties. Intergovernmental Conference – Heads of States and Governments of EU Member States decide on and sign amendments Amendments enter into force only if ratified by all Member States

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The lisbon treaty overview of the most important changes

The Lisbon Treaty Overview of the most important changes

Tamara Ćapeta

2010


Amending the founding treaties
Amending the Founding Treaties

  • Intergovernmental Conference – Heads of States and Governments of EU Member States decide on and sign amendments

  • Amendments enter into force only if ratified by all Member States

  • Ratification Procedure – according to Constitutions of respective Meber States


Treaty on the constitution for europe signed on 29 october 2004
Treaty on the Constitution for Europe signed on 29 October 2004


Treaty on the Constitution for Europe rejected by French citizens on 29 May 2005 andby Dutch citizens on 1 June 2005


After the failure of the constitutional treaty
After the Failure of the Constitutional Treaty

  • 31 December 2007 – Lisbon Treaty signed:

    • Elimination from the text of state-like rhetoric: flag, hymn, certain terms, such as Minister of European Law

    • Content, although differently organized, mostly unchanged

    • Old technique for amending Treaties, by amendments on amendments, used


Result same content in less understendable package

Still, this enabled Member States to ratify Lisbon Treaty without referenda

All, but Ireland …

Result: same content in less understendable package


Ireland 12 june 2008
Ireland: 12 June 2008 without referenda


Ireland 2 october 2009
Ireland: 2 October 2009 without referenda

67% YES votes


Treaty structure nice lisbon

Treaty on European Union without referenda

Treaty on European Community

Treaty on European Energy Community

Treaty on European Union (TEU)

Treaty on the Functioning of the European Union (ToFEU)

Treaty on European Energy Community

Treaty Structure Nice - Lisbon


The most important lisbon changes
The most important Lisbon changes without referenda

  • EU Structure – elimination of pillars, disappearance of the EC

  • Clarification of the vertical division of powers

  • Institutional changes

  • Changes in Procedures and instruments of decision-making


Eu till lisbon
EU without referendatill Lisbon

EU Institutions

CFSP

EC

Euratom

PJC

II

I

III


Eu according to lisbon
EU according to Lisbon without referenda

EU Institutions

CFSP

Former EC Competences

+ PJC

II

I

III


Structural changes
Structural changes without referenda

  • First and third pillars merged, by submitting third pillar to supranational methods as well

  • EC does not exist any more (Euratom continues)

  • EU acquires legal personality and becomes subject in international relations


Eu member states competences
EU – Member States Competences without referenda

  • No Changes in substance : EU is still based on the priciple of confferal

  • Division of powers between EU and MS accentuated in the text of the Treaties

  • Confered powers enumerated in entry Articles

  • Explanation of the type of competences: exclusive, shared, complementary


Institutional changes
Institutional Changes without referenda

  • New Institutions:

    • European Council becomes one of the institutions

    • European President chairs the European Council

    • High representative for Foreign and Security Policy – between the Council and the Commission


Whom will obama call

European President? without referenda

European Commission President?

High Representative for Foreign and Security Policy?

Whom will Obama call?

? ? ?


Institutional structure according to lisbon treaty
Institutional Structure according to Lisbon Treaty without referenda

  • Institutions:

    • European Council, headed by the European President

    • Council of Ministers (rotating presidencies)

    • European Parliament

    • European Commission

    • High Representative for Foreign and Security Policy – between the Council and the Commission

    • European Court of Justice

    • Court of Auditors


Institutional structure of the eu after lisbon european council
Institutional Structure of the EU after Lisbon: European Council

  • Recognized as institution for the first time

  • Brings together Heads of States or Governments of Member States

  • Headed by the European President, whose mandate is 2,5 years

    renewable once

  • First President

    Herman Van Rompuy


Institutional structure of the eu after lisbon council of ministers
Institutional Structure of the EU after Lisbon:Council of Ministers

  • Legislative institution

  • Different formations

  • Presided by the the rotating Presidency

  • Except: Council of Ministers of Foreign Affaies – presided by the High Representative for Foreign and Security Policy

  • First High Representative:

    • Catherine Ashton


Institutional structure after lisbon european parliament
Institutional Structure after Lisbon: European Parliament Ministers

  • Legislative institution

  • 736 MEPs (max. 751)

  • Minimum 6, maximum 96 per MS

  • Direct elections every 5 years; number of MEPs distributed according to national quotas

  • Last elections: June 2009

  • Croatia can expect 12 – 14 MEPs


Institutional structure after lisbon european parliament1
Institutional Structure after Lisbon:European Parliament Ministers

  • MEPs grouped according to political affiliation, not national

  • Largest party: EPP, followed by S&D; Greens …

  • Eurosceptics also represented

    (EFD – 32)

  • President: Jerzy Buzek


Institutional structure after lisbon european commission
Institutional Structure after Lisbon : European Commission Ministers

  • Initator of the legislative process

  • Principal policy-maker in the EU

  • Overseas the implementation of the EU law in Member States

  • Politically responsible to the EP


Institutional structure after lisbon european commission1
Institutional Structure after Lisbon : European Commission Ministers

  • Members:

    One Commissioner from each Member State

  • Elected every 5 years; present Barroso 2 Commission since 9 February 2010

  • President:

    Jose Manuel Barroso

  • Vice-President:

    High Representative

    for Foreign and Security

    Policy; by automaticity


Role of institutions in eu decision making
Role of Institutions Ministersin EU decision-making

  • Ordinary Legislative Procedure (former codecision procedure)

    • Commission initiates by proposing an act

    • Both, Council and EP adopt the act

    • Council decides by qualified majority

  • Special Legislative Procedure – still in many areas

    • Unanimity in the Council; Decision by Council with consultation with the EP


New institutional balance
New Institutional Balance? Ministers

  • Does Lisbon create division of powers similar to that in the states?

  • Biggest winner: European Parliament

  • New balance of powers created between the Council and the Commission?

  • More power and control for the Member States?


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