The Lisbon Treaty Overview of the most important changes

1. The Lisbon Treaty Overview of the most important changes Tamara Ćapeta 2010

2. 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

3. Treaty on the Constitution for Europe signed on 29 October 2004

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

5. 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

6. Still, this enabled Member States to ratify Lisbon Treaty without referenda All, but Ireland … Result: same content in less understendable package

7. Ireland: 12 June 2008

8. Ireland: 2 October 2009 67% YES votes

9. Treaty on European Union 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

10. The most important Lisbon changes • 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

11. EU till Lisbon EU Institutions CFSP EC Euratom PJC II I III

12. EU according to Lisbon EU Institutions CFSP Former EC Competences + PJC II I III

13. Structural changes • 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

14. EU – Member States Competences • 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

15. Institutional Changes • 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

16. European President? European Commission President? High Representative for Foreign and Security Policy? Whom will Obama call? ? ? ?

17. Institutional Structure according to Lisbon Treaty • 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

18. 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

19. 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

20. Institutional Structure after Lisbon: European Parliament • 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

21. Institutional Structure after Lisbon:European Parliament • MEPs grouped according to political affiliation, not national • Largest party: EPP, followed by S&D; Greens … • Eurosceptics also represented (EFD – 32) • President: Jerzy Buzek

22. Institutional Structure after Lisbon : European Commission • 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

23. Institutional Structure after Lisbon : European Commission • 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

24. Role of Institutions in 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

25. New Institutional Balance? • 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?