The Lisbon Treaty: Main Novelties: Mtec Legislation Training Course

MTEC legislation training course

The Lisbon treaty: main novelties

25 NOVEMBER 2009 The Hague, NL

Organised by : T.M.C. Asser Instituut, The Hague

Structure of the lecture n

Background

n

‘Victims’ of de-‘Constitutionalisation’

n

Values, objectives, and the Charter

n

Institutions

n

The policies of the Union External action n Area of Freedom, Security and Justice n

•

Enlargement

+ CZ EE CY LV LT HU MT PL SI SK

3

+

+

+ BE DE FR IT LU NL

DK IE UK

6 1952

AT FI SE

+

9 1973

1981

BG RO

25

27

2004

2007

ES PT

15

EL

10

+

12 1986

1995

2 0 0 1 N ice

1997 A m ste rd a m

1992 M a a strich t 1 9 8 7 S in g le A ct

1957 Rom e

Nice Treaty: Declaration on the future of the Union

4



delimitation of powers between the European Union and the Member States

•



the status of the Charter of Fundamental Rights of the European Union

 

simplification of the Treaties

 

the role of national parliaments

The Convention 5

European Parliament 15 % National Parliaments 51 %

Commission 2 % Observers* 6 % President & VicePresidents 1 % MS Governments 25 %

•

EESC, Comittee of the Regions, European Ombudsman et European Social Partners

Timeline 6

    

   

 

Nice, December 2001 Laeken Summit, December 2001 The Convention : Feb. 2002 – July 2003 IGC agrees in June 2004 Constitution signed in Rome in October 2004 Negative referendums : May and June 2005 “Reflection period”: June 2005 – June 2006 Mandate new IGC June 2007 Treaty of Lisbon : signed on 13 December 2007 Publication in Official Journal 2008, C 115 A tumultuous ratification procedure

TEU 61 amendments to existing TEU 7

TFEU ( Treaty on the Functioning of the European Union ) 295 amendments to the Treaty of European Community ( TCE )

- The Legal Basis Extracts of Part I of the Constitution

+ CFSP and Defense

Legal Basis

•

•

Extracts of Part III and IV of the Constituti on

- CFSP and Defense

Specific provisions agreed June 2007

8

‘Victims’ of de-‘Constitutionalisation’ •



A self-standing, readable text

•



The symbols (flag, anthem, motto)





Concept of law and framework law





The ‘Foreign Minister’

•



A provision on the Primacy of EU law

« United in diversity »

The Values 9

 

Article 2 TEU

• •

“The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”

The Charter 10



Article 6, par.1, alinea 1

• •

“The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.”

An additional institution : the European Council 11

President of the • European • Commission •

President of the European Council

Heads of States and Governments

The High Representati ve

President of the European Council: 12

a) shall chair it and drive forward its work;

• •

b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;

•

•

c) shall endeavour to facilitate cohesion and consensus within the European Council;

•

•

d) shall present a report to the European Parliament after each of the meetings of the European Council;

•

•

…at his level and in that capacity, ensure the external representation of the Union on issues concerning its CFSP, without prejudice to the powers of the High Representative

•

•

The European Parliament – Role

13



Legislative matters procedure

co-decision

Budgetary matters

‘kind’ of co-decision

   

•

International agreements agreement for all fields covered by co-decision

•



Reinforced role in the appointments of the Commission

0 Lithuania

13

Latvia

13

Slovenia

13 12 12

Malta

Luxembourg

Cyprus

Estonia

19

Ireland

20

Finland

22

Slobakia

22

Denmark

22

Bulgaria

Austria

22

Sweden

22

Hungary

26

Czech Rep.

Belgium

20

Portugal

54

Greece

40

Netherlands

73

Romania

60

Poland

74

Spain

Italy

United-Kingdom

100

France

Germany

The European Parliament – Composition 14 751 seats 120

96

80

73

51

33

18 9 8 6 6 6 6

The European Commission Designation of the President •

N ice a tyof States) CouncilTre (Heads at qualified majority nominates the person it intends to appoint…

•

elections to the European Parliament ….

•

• •

Lisb o n Treinto a tyaccount the Taking

Nomination is approved by the European Parliament •

European Council, acting by a qualified majority, shall propose to the European Parliament a candidate This candidate shall be elected by the European Parliament by a majority of its component members.

National Parliament’s ‘subsidiarity control’ A TWO-TIER EARLY-WARNING SYSTEM

16



National parliament issues a reasoned opinion within 8 weeks of proposal

•



Yellow card 

Challenged by 1/3 of the National Parliaments

•

• •

PROPOSAL REVIEWED (maintained, amended or withdrawn)

•



Orange card

 Challenged

by > ½ National Parliaments  Proposal maintained by the Commission

• •

Legislator decides before 1st

The Presidency of the Council Presidency : 3 Member States for 18 months 17

Sectori al Council s chaired by Represen tatives of Presiden cy

Sectorial Groups chaired by Representati ves of Presidency

GENERAL AFFAIRS COUNCIL chaired by Representative of Presidency COREPER Chaired by Representatives of the Presidency

Sectorial Groups chaired by Representati ves of Presidency

Sectorial Groups chaired by Representati ves of Presidency

FOREIGN AFFAIRS COUNCIL Chaired by High Representative POLITICAL AND SECURITY COMMITTEE Chaired by Representative of the High Representative S e cto ria l G ro u p s chaired by Representati ves of H.R.

Sectorial Groups chaired by Representati ves of H.R.

Sectorial Groups chaired by Representati ves of H.R.

18

The Council – Qualified Majority Until Nov. 2014 on Prop. COM

255 Votes / 345 + Majority of MS + 62 % population

From Nov. 2014

T R A N S IT IO N on Prop. COM or High PE R IO D Representative fro m 1 /1 1 /2 0 1 4 u n til 3 1 / 0 3 / 2 0 1 7 55% MS a M S ca n + a sk to a p p ly ≥ 15 MS sce n a rio 1 + 65% population

The Commission – Composition

19



Until 2014

1 Member / MS

After 2014

2/3 of the number MS,

 

•

(equal rotation system)

•



Strengthened role of the President

•



•

Vice-president in charge of external relations = High Representative for Foreign

The policies 20

SH A R ED E X C L U S IV E SU PPO RT C O M P E T E N C E S C O M P ETEN A C T IO N S C ES C u stom s U n ion •internal market •energy H um an C o m p e titio n •social •freedom, security, justice H e a lth M o n e ta ry •cohesion •public health In d u stry •agriculture and fisheries •research & technology M a rin e C u ltu re •space (except where exclusive) re so u rce s To u rism •development cooperation C o m m e rcia l •environment •consumer protection •humanitarian aid E d u ca tio n , p o licy •transport yo u th & In te rn a tio n a l •TENs sp o rt

a g re e m e n ts ( AETR )

C ivil p ro te ctio n A d m in istra ti ve C o o p e ra tio n

External representation of the Union e.g., US visits EU President Obama

European Council President Van Rompuy for CSDP

Secretary of State

High Representative Ashton

Clinton

for external relations/CSDP

NO ROLE FOR THE ROTATING PRESIDENCY Secretary of Transportation La Hood

European Commissioner for Transport Tajani

+

Commission President Barroso For all other matters