Zone 3- Micro Analysis- ‘Lisbon Treaty- Streamlining the European Union’

Week # 97, Dated4th – 11th Dec. 09’

The Treaty of Lisbon (initially known as the Reform Treaty) is a treaty that was signed by the European Union (EU) member states on 13 December 2007, and entered into force on 1 December 2009. It amends the Treaty on European Union (TEU, Maastricht; 1992) and the Treaty establishing the European Community (TEC, Rome; 1957).[1]
Prominent changes included more qualified majority voting in the Council of Ministers, increased involvement of the European Parliament in the legislative process through extended co decision with the Council of Ministers, the elimination of the pillar system and the creation of a long-term President of the European Council and a High Representative of the Union for Foreign Affairs and Security Policy to present a united position on EU policies. The Treaty also made the Union's human rights charter, the Charter of Fundamental Rights, legally binding. [2]

Under the Lisbon Treaty[3]:

Top jobs
A politician is chosen to be President of the European Council for two and a half years, replacing the current system where presidency is rotated between member states every six months. Belgian Prime Minister, Herman van Rompuy has been chosen by the EU leaders to be the first permanent European Council President.
The post of the EU High Representative for Foreign and Security Policy combines the former roles of EU Foreign Policy chief and External Affairs Commissioner. The job of foreign affairs supremo has gone to the EU Trade Commissioner, Baroness Catherine Ashton from the UK.
Charter of Fundamental Rights

The Lisbon Treaty makes the EU Charter of Fundamental Rights a legally-binding document. The Charter lists the human rights recognized by the European Union.
Citizens’ Initiative

Under the Lisbon Treaty, the Commission is obliged to consider any proposal signed by at least one million citizens from a number of member states.
National parliaments to get ‘yellow card’ facility
All proposals for EU legislation will have to be sent to national parliaments. If enough national parliaments object to a proposal, the Commission can decide to maintain, amend or withdraw it.
Smaller commission
The European Commission is the EU’s executive arm; it put forwards legislation and ensures that EU policies are correctly implemented.
The 27 commissioners of the EC will be reduced to 18 members from 2014 onwards, with membership rotating every five years, i.e. only two-thirds of member states will have their own commissioner at any one time, and each country will lose its commissioner for five years at a time.
Areas of EU competence

It establishes joint competence in the areas of space and energy. It also gives the EU the role of supporting competence in several new fields including health, education, tourism, energy and sport.
Redistribution of voting weights between member states

Within those areas to be decided by qualified majority voting, the current rules require the support of a little over 72% of member states for a law to be passed. Under the new system due to come into effect from 2014, a vote can be passed if it is backed by 55% of member states, and secondly, if these countries represent 65% of the EU’s population. It can also be passed if less than four countries oppose it. The changes mean that it will be easier to pass legislation, and more difficult to block it. Countries with smaller populations will have less chance of blocking legislation.
Shift from unanimity to majority voting

The Lisbon Treaty will see an increase in the number of policy areas to be decided by a majority vote at the Council, rather than by unanimity. There are some notable exceptions that will still require unanimous decisions, including taxation and defence.

One area where the unanimity veto will give way to qualified majority voting is Justice and Home Affairs, covering issues such as asylum, immigration, criminal law, border controls and police cooperation.
Changes to Common Security and Defence Policy

The Lisbon Treaty provides for the progressive framing of a common defence policy for the European Union, which will nonetheless respect the neutrality of member states. It also allows the European Council to change decision-making from unanimity to majority voting in a number of areas, excluding military and defence. However such changes will themselves require unanimous decisions.

Arguments for and against the Lisbon Treaty: [4]

For
· The Lisbon Treaty clarified the power of the EU and the role of the nation state.
· Changes to Qualified majority voting QMV made 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.
·
Nations like the UK are no longer able to use a veto to block future changes in an increasing number of areas, potentially even those in which they have negotiated an opt-out.
· The treaty made the EU an international actor in its own right, separate from, and superior to, it’s Member States. It turns what was an international agreement into something more like a single state.
· Changes did not address the EU's democratic deficit - the Commission remains answerable solely to the European Council and not directly to any EU citizens, as does the new President.
· The European Court of Justice ECJ gained 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.

For now the pre-existing system, whereby an EU nation assumed the rotating presidency for a six-month period, is being retained. In the new year Spain is to assume the rotating presidency from Sweden. This however does not extend to the EU summits and foreign ministers' meetings, when EU Council president Van Rompuy and foreign policy High Representative Baroness Ashton will be in the chair.

Bibliography/ Related Links:
http://europa.eu/lisbon_treaty/index_en.htm
http://www.civitas.org.uk/eufacts/FSTREAT/TR6.htm
http://www.brusselsjournal.com/node/2773
http://eurolinknews.com/2008/04/25/the-lisbon-treaty-for-dummies-25408
http://en.wikipedia.org/wiki/Treaty_of_Lisbon
http://news.bbc.co.uk/2/hi/europe/6901353.stm
http://www.ft.com/cms/s/0/e9a41976-ef35-11de-86c4-00144feab49a.html
http://www.mysinchew.com/node/33278
http://news.bbc.co.uk/2/hi/8367589.stm
http://upload.wikimedia.org/wikipedia/en/archive/c/c9/20091108160404%21Lisbon-ratification.gif
[1] http://en.wikipedia.org/wiki/Treaty_of_Lisbon
[2] Ibid
[3] http://eurolinknews.com/2008/04/25/the-lisbon-treaty-for-dummies-25408
[4] http://www.civitas.org.uk/eufacts/FSTREAT/TR6.htm

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