The Treaty of Lisbon – a Substitute for the Failed European Constitution

1. The Treaty of Lisbon – a Substitute for the Failed European Constitution Prof. Dr. Dragan Bataveljić Faculty of Law University of Kragujevac

2. 1. The purpose of making the Lisbon (Reform) Treaty • The founding of the European Union - the beginning of a new era (European countries solve problems by communicating, not fighting). • EU member states - enjoy a number of benefits (the existing rules were intended for a smaller Union). • EU today - facing a global recession, climate changes, international crime and other problems.

3. The intention of the Lisbon Treaty - to improve the ways of solving the existing problems. • The objectives of the Lisbon Treaty: • More democratic Union (increasing the role of the European Parliament and giving the new authorizations to the national parliaments); • More efficient Union (primarily in decision-making); • More transparent Union; • Citizens’ greater influence on European politics; • Better connection between the members of the Union; • Redefining the foreign policy.

4. The privileges of the member states of the European Union: • Free market; • Common currency; • Free movement of people, goods and capital; • New job openings; • Greater rights for workers, etc.

5. Europe in the XXI century - facing enormous challenges (current economic crisis, sustainable development, security of energy supply, environmental protection and more) • The main purpose of the adoption of the Reform Treaty: • Increasing efficiency and modernization of institutions; • Changing how the EU institutions function; • Passing the new laws for the expanded European family (27 members).

6. NOTE - The Lisbon Treaty does not change the institutional image of the Union and does not abolish the existing institutions. • The Lisbon Treaty - makes certain amendments in the way each institution works. • The Lisbon Treaty (also known as the Reform Treaty) was signed on 13 December 2007. In Lisbon (designed to bring political, economic and social changes). • The importance of the Lisbon Treaty - very significant for the future of Europe (does not abolish, but amends the existing Treaty on the European Community and the European Union).

7. The official name of the Treaty - "Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community" (Document 2007/C 306/01). • The opinion of the leaders of the European Union - Treaty of Lisbon represents the way out of the institutional crisis (a historic agreement, which gives the European Union the ability to act in the 21st century). • Institutional crisis in the EU - In 2005, The European Constitution was rejected (referendums in France and the Netherlands).

8. The adoption of the Lisbon Treaty - provides an opportunity for the EU to become "The European Federation" (bringing more democracy and openness, giving citizens a greater voice in decision-making). • New citizens' initiative – on April 1st, 2012, the new provision on European citizens' initiative (European Citizen Initiative - ECI) in the European Union was put into effect. • European Citizen Initiative (ECI) - enables one million citizens (from at least seven member states) to call directly on the European Commission to prepare and propose certain legal act.

9. The main objective of the European citizens' initiative: • To provide direct participatory democracy; • To engage the citizens of Europe; • To mobilize civil society at the EU level; • To give the opportunity to EU citizens for a greater influence over EU policy; • To maintain the balance between the institutions of the Union.

10. The contribution of the Lisbon Treaty: • Faster and more efficient decision making (facilitating the process of their adoption); • Easily achieving the economic and monetary union (with the euro as the single currency -currently adopted by 17 member states); • Unanimous appearance outside the borders of the EU; • Reinforced role of the EU in the field of the common foreign and security policy; • Increased capability to fight the international crime.

11. Greater transparency in the work of EU; • Reinforced role of the European Parliament and the Court of Justice; • Faster decision-making in the institutions of the EU; • More efficient preservation of the environment and its improvement; • Ensuring the human rights corpus; • Better protection of the rights, freedoms and principles of the Charter of Fundamental Rights; • The structure and mechanism of functioning of the European Union - quite complex, expensive, and incomprehensible.

12. 2. The Criticism of the Lisbon Treaty • The innovations introduced by the Lisbon Treaty – caused very significant positive effects. • Very interesting feature of this Treaty - assessed completely differently by various reviewers • The Lisbon Treaty - a subject of much criticism (no other document had caused so much disagreement). • The formal adoption of the Treaty - took much time, patience, persuasion, pressure, etc. (most of all a major propaganda, costing billions of Euros).

13. The ratification of the Treaty and putting into effect – caused noticeable restraint and concern. • Undisputable fact - quite uncertain future of the Treaty (the document was ratified under extremely high pressures of the European political elite and Brussels’ bureaucracy). • “The institutionalization of inequality” - the number of votes of each country depends on the number of its citizens (it provides a privileged position of large countries, and it also provides them the ability to impose their own will, and not the common interest of all).

14. Too much power of Brussels - approximately 80% of key areas in its jurisdiction. • Making the national parliaments into voting machines - they will only be approving of something that had already been decided in Brussels. • The Treaty of Lisbon – leading towards the independence of the political elite and the irreverence of democratic rules.

15. The provisions of the Lisbon Treaty - do not include diversity, but only unification. • The lack of democracy - the citizens of EU Member States are only expected to faithfully follow people they have never heard of. • Criticism from the British Parliament - some parts of the Lisbon Treaty does not differ from the previous, rejected version of the EU Constitution.

16. 3. The ratification of the Lisbon Treaty • Referendum in France and the Netherlands - The European Constitution was rejected. • Predictions - the completion of the ratification of the Treaty of Lisbon 1 January 2009, entry into force and replacement of the European Constitution. • Referendum in Ireland on June 12th, 2008. – The Lisbon Treaty was rejected (Ireland is the only EU member state to have made a decision on ratification by a referendum, the other 26 EU member states made the decision on ratification in Parliament).

17. The reason for the failure of the referendum in Ireland - the fear of losing their national sovereignty. • The consequences of the failure of the referendum in Ireland - blocking other 26 countries (the majority of the 1% of the population blocked the other 99%). • Further process - continuation of the ratification in other member states.

18. The first 11 countries to ratify the Treaty of Lisbon: • Hungary (December 17, 2007); • Malta (January 29, 2008); • Slovenia (January 29, 2008); • Romania (February 4, 2008); • France (February 14, 2008); • Belgium (March 6, 2008); • United Kingdom (after a bitter debate in the Parliament - March 11, 2008); • Bulgaria (March 21, 2008); • Austria (after a bitter debate on the neutrality of the country - April 9, 2008); • Slovakia (April 10, 2008); • Poland (April 10, 2008).

19. The failure of the referendum in Ireland - a severe blow to the European Union. • The path to Lisbon - long, difficult and uncertain (The contract was signed after six years of great debate). • Lisbon Treaty - signed on December 13, 2007 (The ratification of the Treaty by 26 countries lasted until May 2009, except for Ireland - the second referendum was held on October 2, 2009.). • Conference in Brussels (October 29, 2009.) - Czech Republic was last to ratify the Lisbon Treaty (after accepting its amendment).

20. 4. The Innovation in the Reform Treaty of Lisbon • "European reform treaty" - replaces "the Constitutional Treaty for Europe" (for the most part, it is "cleaned" version of the abandoned draft of the European Constitution). • The new "reform treaty" - to enable the reforms, more effective actions, further democratization and EU enlargement. • EU officials’ evaluation - The Lisbon Treaty is a "historic success and a decisive instrument for a more efficient EU."

21. The Lisbon Treaty – brings a number of innovations (facilitating the functioning of the EU) • The European Parliament (directly elected institution, which represents the citizens) – law-making is shared with the Council of Ministers (co-decision). • Strengthens the legislative competence of the European Parliament (greater influence on the law-making in the EU). • The European Council – (comprised of the presidents or prime ministers of the Member States of the EU, Ministers of Foreign Affairs and the President of the European Commission) - determines the political direction of the European Union.

22. The European Council – now a fully accredited institution of the European Union; its role is now clearly defined. • President of the European Council – new function, contributes to the improvement of the work of the Council. • The Council of the European Union (the Council of Ministers- comprised of 27 national prime ministers, plays a key role in foreign and security policy) new decision-making method –(increasing the number of areas in which the decisions is brought by a majority).

23. The decision-making by a majority in 50 new areas (including the judiciary, police cooperation, education and economy) - consensus decision-making remained in areas of foreign policy and defense (partly in areas of social issues, taxation and culture). • Change of the qualified majority necessary for decision-making - at least 55% of the Council members, 15 member states and 65% of the EU's population. • Replacing the voting weights system (the unequal evaluation of individual states) - now the voice of all the member states of the European Union has equal worth (as of November 1, 2014).

24. The High Representative of the Union for Foreign Affairs and Security Policy (at the same time, the Vice President of the European Commission) chairs the Council of Ministers of Foreign Affairs (the so-called “EU foreign minister”). • Determines precisely the authorizations of the European Union, the Member States and joint jurisdictions. • Establishes the so-called "exit clause" - provision about the possibility of a Member State to withdraw from the European Union.

25. The national parliaments - for the first time are given the opportunity to have a direct impact on decision-making process (the so-called early warning system). • The early warning system - all proposed EU laws must be sent, first, to the national parliaments. • New legal basis of the Union – the EU has become a unique legal entity (conclusion of international agreements and membership in the international organizations).

26. Establishment of institutions of the European Public Prosecutor, the Standing Committee on Internal Security, and expansion of the jurisdiction of the European Court of Justice - justifies the bringing of serious and fundamental changes. • The so-called "enhanced cooperation"- possibility that a number of countries can act together, regardless of whether all 27 EU Member States are necessarily involved in it.

27. The principle of subsidiarity - the Union works only if its involvement is more effective than the action at the national, regional or local level. • The principle of proportionality - the European Union must limit its activities only to what is required (in order to achieve the goals outlined in the Lisbon Treaty) • Establishment of the European External Action Service (under the authority of the High Representative) - the backbone of the foreign policy of the Union.

28. Establishment of a stable presidency (instead of the so-called "rotating presidency") - the European Council now has a president who is elected every two and a half years. • The Common Security and Defense Policy (CSDP)- new name for former European Security and Defense Policy (ESDP) • Introduction of the so-called "mutual defense clause" - the EU member states are obliged to assist a member of the Union, if being attacked.

29. Introduction of "the solidarity clause" - each member state should assist to a member that is affected by a human or natural disaster or a terrorist attack. • Forming of the so-called "permanent structural cooperation”- expands the potential of the European Union in the fight against terrorism • Reduction of the number of members of the European Commission (from 1 November 2014.) - From the current 27 to 2/3, i.e. to 18 members (unless the expansion of the European Union happens).

30. Reduces the number of seats in the European Parliament, from the current total of 785 to 751, i.e. 750 delegates plus the president of the Parliament (6 up to 96 per country). • Stricter requirements for admission to the European Union - the first official introduction of the Copenhagen criteria since 1993. • Safety issues - discussed at the national level and their harmonization is carried out there.

31. The Charter of Fundamental Rights of the European Union (includes civil, economic, social and political rights) - gives the peremptory norm (ius cogens). • Environment – effective and complex protection (the protection of the environment and its improvement is the imperative for all the member states).

32. 5. The world as a big global village • Globalization (internationalization, globalism) - today, no one in the world can live in isolation. • The crisis in the U.S. - caused a crisis in Europe. • U.S. - no longer what they used to be (the BRIC countries are strengthening, i.e. Brazil, Russia, India and China). • Europe today - the biggest rival of the United States (hence, there is a hidden, but often even outright, American resistance to the strengthening of the European Union and its enlargement).

33. Legitimate question - Will the current economic crisis (and oncoming recession in the world) threaten the creation of a unified federal Europe? • The economic recovery of the EU - essential for the United States and the world (very large market). • Establishment of new unions in the world - for example, the African Union, Asian Union, the Union of South American Nations (Unasur - 12 founding members) and others. • The European Union – with the Lisbon treaty acts united towards the rest the world.

34. European safety and defense policy - an integral part of the policy of the European Union, ensuring world peace and strengthening international security. • Article 222 of the Treaty on the Functioning of the European Union - "The Union and its Member States shall act jointly in a spirit of solidarity" (the path to the creation of a European federation). • Globalization - the process of world (the world is one big "global village"). • Many global problems – deepens the model of cooperation and integration of the countries and people of the world.

35. Globalization and modern economic crisis - affecting the implementation of the Lisbon Treaty. • The period of validity of Treaty of Lisbon so far - It was conducted literally (of great importance for the previous period). • The Lisbon Treaty - “driving force” for better integration and strengthening of the process of European unification. • Justified fear of some Eurocrats - present crisis might negatively affect the EU, its functioning and further expanding, even its survival.

36. Countries of the Eurozone - 17 out of 27 (Euro, as common currency, was not enthusiastically accepted in every country, it was adopted out of practical reasons). • The European Union- some call it the “debt union” (the question its survival). • The European project - has never stepped back so far (The Union has always been promising and usually providing abundance). • The EU today - the situation is quite complex and difficult (The Union, according to some, “delivers savings and suffering").

37. 6. The most important reforms envisaged by the Treaty of Lisbon • The Treaty of Lisbon – brings a number of reforms (hence, the name Reform Treaty) • The EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. • New values common to all the Member States - pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men.

38. Increases the competences of the European Commission, the European Parliament and the European Court of Justice. • The member states have lost their veto in a number of areas. • Making the European Convention on Human Rights a legally binding document (so far, it had a character of a political declaration). • Changes the Treaty on European Union (changes concerning the institutions, enhanced cooperation, foreign and security policy and defense policy).

39. Simplifying the pillar structure of the EU. • Significant changes in the work of the EU institutions. • A new quality of the Treaty of Lisbon – guarantees the respect for human rights, democratic principles, solidarity and security. • The Charter of fundamental rights - becomes a part of the European primary law • First cataloging of basic human rights (6 main areas) - dignity, freedom, equality, solidarity, citizenship and justice.

40. Codification of new rights - the right to data protection, labor rights, bioethics, recognition of all forms of discrimination and other rights. • The new rights - legally binding for the Union, its institutions and member states. • Legislative initiative (petition signed by not less than one million citizens who are nationals of a significant number of Member States) - a new right of citizens of the European Union (the so-called "European citizens' initiative" - Article 11).

41. The citizens of Europe have a significant elective function – they have a decisive influence on the election of the "prime minister" of the EU, i.e. President of the European Commission (head of the executive branch of EU). • The move from unanimity to qualified majority voting (allowing more effective fight against terrorism and crime). • Reducing the number of members of the European Commission - from 2014. There will be 18, instead of 27 members (2/3 representatives of EU member states) that will be selected by the system of equal rotation.

42. European Council - established as a separate institution (comprised of the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council). • European Council – becomes an official institution of the European Union (and not a quasi-institution, as before). • A change in the way of voting in the Council - the so-called rule "double majority".

43. The European Parliament is now on an equal footing with the Council of Ministers in deciding on the EU laws – in 95% of cases (European Parliament represents the citizens' interests, while the Council represents the interests of the states). • Enhanced role of the national parliaments (parliaments of the EU member states) - this reinforces the principle of subsidiarity). • The introduction of the so-called "yellow card" - if 1/3 of national parliaments contest the conformity of a draft legislative act with the principle of subsidiarity, then the Commission must re-examine the draft.

44. The introduction of the so-called "orange card" - if half of national parliaments objects, the Commission has to explain why they refuse to offer a new proposal. • The introduction of the so-called "red card" – If the European Court of Justice (ECJ), upon complaint of the national parliaments, considers that the act is not compliant with the principle of subsidiarity, the European Commission has to withdraw its legislative initiative.

45. 7. Winners of the Treaty of Lisbon a Nation-states (EU member states): • Clearly demarcated jurisdiction between national and European level. • For the first time, the exclusive competence of the European Union, joint competence of the EU and the nation states and the exclusive competence of the Member States of the EU are stated. • EU member states retain all powers not explicitly handed to the European Union.

46. Greater respect for the equality of Member States as well as their national identities. • Shifting from unanimity (in most cases) to qualified majority voting – disables a country to block a decision of all the other member states.

47. Introduction of certain democratic principles - every citizen has the right to participate in the democratic life of the Union (the decisions are made publicly and as close as possible to citizens). • The introduction of the principle of participatory democracy – at least one million citizens can start an initiative and request from the Commission to give an appropriate proposal regarding the issue for which the adoption of the legal act is necessary.

48. Political parties: • Become a significant factor for integration within the Union. • Greater contribution to the creation of a European political awareness and to expressing the political will of the citizens. • Establishment of new and more coherent organizations (The Party of European Socialists was founded in 1992, The European Green Party and The European Liberal Democrat and Reform party were founded in 1993) . • Connecting key party participants in political life. • Greater formal recognition of the importance of the European political parties at European level.

49. Interesne grupe: • Povećan uticaj interesnih grupa na evropskom nivou. • Progresivno formiranje svesti o interesnim grupama.

50. Associations of citizens and Civil Society Organizations: • Invitation to an open and public dialogue. • Conducting the public hearings in the process of making the European laws. • Taking into account the views of these associations and organizations (for example, consumer organizations, social organizations, Greenpeace, Amnesty International and others).