The Treaty of Lisbon

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

The Treaty GLOBAL GOVERNANCE POLICY SERIES

of Lisbon

of 13 December 2007

Written by Enrique Barón Crespo, former President of the European Parliament.

8 MINUTES

Keywords: European Citizenship> Charter of Fundamental Rights> Participatory democracy>

Maastricht Treaty> “yellowcard” procedure> European Parliament> European Commission> European Council.

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

Creating a Vision of Europe Project EU citizens are not excited, not emotionally involved, but bored, despondent and uninspired by the union’s institutionalism. Is there a shared vision for Europeans, a European identity?

European citizens are or the most part disenfranchised and distant from the overall EU project. Having successfully accomplished several goals such as preserving peace, increasing human rights, and solidifying democracy, the now larger EU is in need of a vision and brand that clearly communicates its future role, purpose and value to its citizens. A vision that connects with the needs and requirements of the European and global civil society and responds to the challenges facing a globalised world.

GOLD MERCURY EU PROJECT SERIES

aims to analyse and create the basis for a larger debate about Europe, the EU and its future vision and identity.

Following the ratification of the Lisbon Treaty, this series aims to reveal the often underestimated issues that need to be taken into account to start a constructive debate about the future of the EU which includes creating a future EU identity and brand.

By analysing the current citizens’ perception of Europe, this series will include: an exploration of the meaning and significance of EU identity today, and an analysis of current citizens’ perception of EU. It showcases what the EU has done in the past and what it is doing now to create a European identity. This series aims to present a new framework to understand the complexity that lies behind the EU identity, suggesting new standards to start a constructive debate on EU citizenship and EU identity and drawing on new insights regarding the current situation of EU identity.

The EU PROJECT SERIES shines a new spotlight and revitalizes the debate on the EU’s vision and future, suggesting new grounds and parameters to build a fresh paradigm for the EU to clarify its role on the world stage.

  GOLD MERCURY INTERNATIONAL  Global Governance Policy Series: The Treaty of Lisbon

Introduction Almost coinciding with the 20th anniversary of the fall of the Berlin Wall, a date which has become a symbol of the end of the Cold War, the European Union crowned its achievements so far with the entry into force of the Treaty of Lisbon on 1st December 2009. After half a century of gradual progress, beginning with the establishment of the European

The Lisbon Treaty has strengthened the social dimension of the Union through the legally binding Charter of Fundamental Rights, the introduction of an overall social clause and the identification of new objectives.

Coal and Steel Community (ECSC) in 1950 and the European Economic Community in 1957, the Maastricht Treaty gave birth to the European Union. The new organization encompassed a common citizenship, a single currency, and the reinforcement of democracy and gave the green light to a common foreign and security policy. Maastricht led to a constituent period which was shaped by a new Treaty every fourth year (Amsterdam, Nice and the Constitutional Treaty) with a view to creating a real Union in which the 27 member States would share a common destiny, common values and common goals. This is an impressive achievement in a continent previously rent by history, war and confrontation.

The Lisbon Treaty incorporates the most important features of a draft Constitution which was the fruitful outcome of the European Convention and was based on a public debate amongst parliamentarians of all member states with members of the European Parliament, representatives of the governments and of the European Commission.

It is no exaggeration to state that the Lisbon Treaty will enable the expectations of European citizens to be better addressed. It has strengthened the social dimension of the Union through the legally binding Charter of Fundamental Rights, the introduction of an overall social clause and the identification of new objectives. The Treaty also emphasizes the importance of environmental issues (climate change), the ways and means to improve internal and external security (the fight against terrorism and organised crime) and the crucial importance of increasing cooperation in the field of energy.

  GOLD MERCURY INTERNATIONAL  Global Governance Policy Series: The Treaty of Lisbon

Heads of state and government of the European Union (EU) take photos after signing the Lisbon Treaty, which they hope can make decisionmaking more efficient.

Lisbon, Portugal, Dec. 13, 2007.

Values The new Treaty clearly identifies the values upon which the European Union is based.

Democracy and respect for human rights are at the forefront. Conceptually it is built upon the notions of equality, social market economy, full employment, social justice, equal opportunities for men and women, and solidarity between generations.

Objectives

The European Union will offer its citizens an area of freedom, security and justice without internal barriers as well as a highly integrated internal market.

The first and paramount objective of the new Treaty is to reinforce the major historical achievement of the European Union: the promotion of peace and well-being amongst its member States and its citizens. To the existing aims, the Lisbon Treaty has added sustainable development, balanced economic growth and price stability in a highly competitive and socially oriented market economy based on an economic and monetary union whose currency is the euro. The European Union will seek to prevent social exclusion and discrimination. It aims at furthering social protection and justice, technical and scientific progress, economic, social and territorial cohesion and respect for cultural and linguistic diversity whilst ensuring that Europe´s cultural heritage is safeguarded and enhanced. It will offer its citizens an area of freedom, security and justice without internal barriers as well as a highly integrated internal market.

In its external relations the Union will strive to uphold and promote its values and interests whilst contributing to peace, security, sustainable development, solidarity and respect, free and fair trade, eradicating poverty and enhancing the protection of human rights world-wide, in particular the rights of the child, in strict observance of international law and in full respect of the principles enshrined in the United Nations Charter.

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

Citizenship At the insistence of the representatives of the European Parliament, the part of the Treaty dealing with European citizenship now appears in Art. 8: “Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship and shall not replace it.”

The passports issued by its 27 members share certain design features. These include the burgundy coloured cover, the

in the country’s official

use of the words “European

language(s) on the cover,

Union” (before 1997:

as well as common security

“European Community”)

features and biometrics.

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

Signing on the Treaty, Portugal 2007.

A Union closer to its citizens The Treaty created a new legal basis for the accession of the Union to the European Convention on Human Rights.

Thanks to pressure from the European Parliament, the Charter of Fundamental Rights is no longer reduced to a mere declaration. It has become legally binding with the same rank as the Treaties. The Charter was formally proclaimed by the presidents of the three Institutions in the European Parliament on 12 December 2007 (the day before the signature of the Treaty in Lisbon) and published in the EU Official Journal. This proclamation reflected the Charter’s specific nature and it increased its visibility. A Protocol to the Lisbon Treaty has introduced specific measures for the United Kingdom, Poland and the Czech Republic, establishing exceptions with regard to the jurisdiction of the European Court of Justice and national courts regarding the protection in those countries of the rights recognized by the Charter.

The Treaty created a new legal basis for the accession of the Union to the European Convention on Human Rights. The Council will decide by unanimity, with the consent of the European Parliament and the approval of Member States, when this accession should take place.

Participatory democracy has been enhanced through the introduction of citizens’ initiatives. A minimum of one million citizens from a significant number of Member States will be required to ask the Commission to use its right of initiative to suggest that action be taken in the specific area they deem necessary. The need for interaction with associations representing civil society was also recognised.

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

A new impulse is given to the social dimension

The European Union must take into account the need to promote an “increased level of employment”, the “guarantee of adequate social protection”, the “fight against social exclusion”, “education”, “training” and “health protection”.

The Lisbon Treaty gives a new perspective to social policy. In addition to what is laid down in terms of objectives, a new horizontal social clause stipulates that the European Union, in implementing its policies, must take into account the need to promote an “increased level of employment”, the “guarantee of adequate social protection”, the “fight against social exclusion”, “education”, “training” and “health protection”. It also recognizes the role of the social partners. The Tripartite Social Summit for growth and employment has been included.

The new Treaty lays down other conditions for promoting equality between men and women, the fight against discrimination and environmental and consumer protection.

It highlights the importance of the services of general economic interest, in particular regarding social and territorial cohesion. Protocol 9 clarifies their scope.

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

The European Union has been endowed with legal personality under international law and the former pillar structure established by the Maastricht Treaty has disappeared.

New fields of action A clear and precise division of competences between the Union and the Member States has been established. It is accompanied by a flexibility clause for whose operation the European Parliament must give its consent.

New legal bases have been added in the fields of energy policy, environment (climate change), sport, tourism, space, civil protection with regard to prevention of natural or man-made disasters, and administrative cooperation amongst Member States for applying Union law. A solidarity clause is to become operational in the event of a terrorist attack or natural disasters.

The new Treaty has renovated action in the area of freedom, security and justice. This means applying the normal legislative procedure (extension of co-decision and qualified majority) which will broaden the EU’s capacity to act and to fight terrorism and organized crime more effectively. This “communitarization” is counterbalanced by some “emergency breaks” that allow Members States to seize the European Council if and when their vital interests are at stake. In these cases an enhanced cooperation mechanism is provided for. Exceptions for the United Kingdom and Ireland have been laid down (opt in/opt out mechanisms) in specific protocols, so as to ensure compatibility with progress at the overall Union level in the field of Justice and Home Affairs.

Advances made in the Common Foreign and Security Policy have been maintained and some additional progress has been achieved, including decision-making regarding the creation of a European External Action Service which will assist the High Representative in ensuring the coherence of the foreign policy activity of the Union as a whole.

The European Union has been endowed with legal personality under international law and the former pillar structure established by the Maastricht Treaty has disappeared, although the Common Foreign and Security Policy will continue to use specific decision procedures.

The Charlemagne building,

Representative for Foreign

likely home of the EEAS

Affairs and Security Policy

and current home of the

(a post also created by the

soon defunct DG RELEX for

Treaty of Lisbon), whom it

External Relations.

assists. As of March 2010

The EEAS is under the

the formation of the EEAS is

authority of the High

still taking place.

GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

Democracy and efficiency The substantial extension of the codecision procedure in decision-making to more than 50 fields, which was achieved in the still-born European Constitution, has been maintained in the Lisbon Treaty. Codecision will become the ordinary legislative procedure. Generalisation of co-decision will ensure the reinforcement of the democratic legitimacy of the European legislation.

The codecision procedure is most common, and means the

The Lisbon Treaty will strengthen inter-parliamentary cooperation and parliamentary control at European and national levels. The European Parliament has become the legislator of the Union, on an equal footing with the Council, and its co-decision powers have doubled.

Council and Parliament jointly consider law proposals from the Commission.

Qualified majority voting becomes the general rule for decision-making in the Council.

The Protocol on the application of the subsidiarity and proportionality principles gives national parliaments control over the legislative activity of the European Union.

On top of the so-called “yellow-card” procedure (if 1/3 of national parliaments express their reluctance to a legislative proposal, the Commission will reconsider it) a new mechanism designed to allow national parliaments to carry out a control of the subsidiarity principle has been introduced: if a simple majority of the national parliaments gives an opinion to the effect that a proposal for a legislative act does not respect the principle of subsidiarity, the Council and the Parliament will have to pronounce thereon by a vote before the first reading. If one of the two institutions agrees with the objection of the national parliaments, the proposal will be dropped.

Qualified majority voting becomes the general rule for decision-making in the Council.

Its definition as a double majority of 55 per cent of the States representing 65 per cent of the population (a minimum number of 4 Member States is needed to constitute a blocking minority) has been kept, although it will not come into force until 2014.

It will also be subject to a three-year transitional period until 2017, during which a decision can be blocked in accordance with the voting rules set out in the Nice Treaty.

Furthermore a new mechanism inspired by the “Ioannina compromise” foresees that a minority of Member States can ask for a reconsideration of a legislative proposal before its adoption. According to a declaration annexed to the new Treaty, a decision of the Council will give legal status to this mechanism. A Protocol, negotiated in the final hours, states that the Council can only repeal or amend this decision once the European Council, by consensus, agrees.

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European Parliament vote

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in favour of the freedom of

Strasbourg.

the press in Italy and other

10 GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

Institutional reform The intergovernmental conference where the Lisbon Treaty was negotiated also agreed on the new composition of the Parliament.

The European Parliament will elect the President of the Commission on a proposal by the European Council. Its powers will be reinforced. Parliament will vote the investiture of the whole Commission, including the High Representative for Foreign Affairs.

The intergovernmental conference where the Lisbon Treaty was negotiated also agreed on the new composition of the Parliament based on a proposal made by the Parliament and added one seat which was attributed to Italy.

The new permanent president of the European Council (elected for 2 and a half years by the Heads of State and Government) will contribute to ensure the continuity, coherence and visibility of the action of the Union.

The High Representative for Foreign Affairs will have a dual responsibility: he/she will preside the Foreign Affairs Council and become Vice-President of the Commission. In addition, he/she will ensure the coherence of the Union’s external action as a whole.

He/she will be appointed by the European Council with the agreement of the President of the Commission. As a Vice-president of the Commission he/she will be subject to the investiture vote of the whole Commission by the Parliament.

José Manuel Durão Barroso, born 23 March 1956, is a Portuguese politician. He is the 11th and current President of the European Commission, since 23 November 2004.

The mandate of his Commission ended on 31 October 2009 but continued in a caretaker capacity until February 2010.

Then a new Commission, led once again by Barroso, was overwhelmingly approved by the European Parliament for another 5 year term.

11 GOLD MERCURY INTERNATIONAL Global Governance Policy Series: The Treaty of Lisbon

Conclusion

The decision to consider democracy and human rights as shared values is the cornerstone that has changed the history of the continent, bringing peace, prosperity and solidarity.

Compared with the Treaty of Nice, the Lisbon Treaty has achieved a number of substantial improvements for the Union, in particular with regard to democracy, citizens’ rights, democratic openness and capacity to act. Despite some deficiencies, it is an essential instrument for fulfilling our ambition of a united Europe which will also be more socially responsible and solid. It is the first successful attempt to create a supranational democracy of States and citizens, with a commitment to participate more effectively in global governance

Published in June 2010.

Enrique Barón Crespo (Madrid, 27 March 1944) is a Spanish politician and lawyer. He is a member of the Spanish Socialist Workers’ Party and sits with the Party of European Socialists group in the European Parliament.

ESSEC in Paris. As a practising lawyer, he specialised in labour law, and acted for defendants in political cases.

He was a Deputy in the Cortes, representing Madrid region and was Minister of Transport, Tourism and Communications.

Enrique Barón graduated in law from the University of Madrid and in business at

After election to the European Parliament he was President of the European Parliament

goldmercury.org

and was PES Group chairman from 1999 to 2004. He was Chairman of the Committee on Foreign Affairs and is currently Chairman of the Committee on International Trade.

Mr Barón is a member of the Board of Advisors of the Global Panel Foundation and the International Advisory Board of Gold Mercury International.