Treaty of Lisbon

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Treaty of Lisbon
Image:Treaty of Lisbon (transparent).png
Type of treaty	Amender of previous treaties
Drafted	7–8 September 2007
Signed	13 December 2007
Sealed	18 December 2007
Effective	1 January 2009 if ratified
Signatories	European Union member states
Languages	23 EU languages
Image:Wikisource-logo.svg	Wikisource original text: Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community

The Treaty of Lisbon (also known as the Reform Treaty) is a treaty signed on December 13 2007 at a summit in Lisbon, Portugal. It amends the existing treaties of the European Union (EU). It is due to come into force in 2009, if successfully ratified by all European Union member states, and would carry out some of the reforms previously proposed in the European Constitution, which was rejected by referenda in 2005.

The formal title of the treaty is Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community. It is intended that the treaty would come into force on January 1 2009 in time for the 2009 European elections later that year. If there is a delay in ratification pushing it beyond that date, it will come into force on the first day of the month following the last ratification.^[1]

In 2005, the Constitution was rejected in referenda in France and in the Netherlands. As support by all members was required the Constitution was dropped and in July 2007 the European Council agreed a new framework that was later drafted and agreed at an Intergovernmental Conference (IGC).

The text agreed on 2007-10-19 contained many of the changes of the Constitution but would not replace the existing treaties, as the Constitution would have done, but amended them. It also dropped state-like elements, such as the EU flag, and guaranteed a number of opt-outs for certain states.

Contents 1 Background: the Constitution 2 New impetus 2.1 Timetable 2.2 June 2007 European Council 2.3 Intergovernmental Conference 2.4 October 2007 European Council 3 Structure 4 Content 4.1 Key innovations 4.2 Names and constitutional elements 4.3 Charter of Fundamental Rights 4.4 Foreign relations 4.5 The European Parliament and national parliaments 4.6 Voting in the Council 4.7 Policy areas 4.8 President of the European Council 4.9 Enlargement and secession 4.10 Climate change and energy solidarity 5 Special provisions for member states 5.1 United Kingdom and Poland 5.2 United Kingdom and the Republic of Ireland 6 Ratification 6.1 Processes of national ratification 7 Reactions 7.1 United Kingdom 7.2 Quotations 8 References 9 External links 9.1 Official websites 9.2 Unofficial consolidated versions 9.3 Media

[edit] Background: the Constitution

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Main article: Treaty establishing a Constitution for Europe

Further information: History of the European Constitution

The need to review the EU's constitutional framework, particularly in light of the impending accession of ten new member states in 2004, was highlighted in a declaration annexed to the Treaty of Nice in 2001. The agreements at Nice had paved the way for further enlargement of the Union by reforming voting procedures, but the treaty was widely regarded as not having gone far enough. The Laeken declaration of December 2001 committed the EU to improving democracy, transparency and efficiency, and set out the process by which a constitution could be arrived at. The European Convention was established, presided over by former French President Valéry Giscard d'Estaing, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. The Convention consisted mainly of representatives of national parliaments, not only from existing member states but also from candidate countries, as well as representatives of heads of state and government. It published its final draft in July 2003. The final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Ireland.

The Constitution, having been agreed by heads of government from the 25 member states, was signed at a ceremony in Rome on 29 October 2004. Before it could enter into force, however, it had to be unanimously ratified by each member state. Ratification took different forms in each country, depending on the traditions, constitutional arrangements, and political processes of each country. In 2005, Dutch and French voters rejected the European Constitution in national referendums. While the majority of the EU member states already had ratified the European Constitution, mostly through parliamentary ratification (though Spain and Luxembourg held referenda), due to the requirement of unanimity to amend the constitutional treaties of the EU, it became clear that it could not enter into force. This led to a "period of reflection" and the political end of the proposed European Constitution.

[edit] New impetus

In 2007, Germany took over the rotating EU Presidency and declared the period of reflection over. By March, the 50th anniversary of the Treaties of Rome, the Berlin Declaration was adopted by all member states. This declaration outlined the intention of all member states to agree on a new treaty in time for the 2009 Parliamentary elections, that is to have a ratified treaty before mid-2009.^[2]

Already before the Berlin Declaration, the Amato Group (officially the Action Committee for European Democracy, ACED) – a group of European politicians, backed by the Barroso Commission with two representatives in the group – worked unofficially on rewriting the Treaty establishing a Constitution for Europe (EU Constitution). On 4 June 2007 the group released their text in French – cut from 63,000 words in 448 articles in the Treaty establishing a Constitution for Europe to 12,800 in 70 articles. In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty;

[edit] Timetable

	21–23 June 2007		European Council meeting in Brussels, mandate for IGC
	23 July 2007		launch of Intergovernmental Conference (IGC) in Lisbon, text of Reform Treaty
	7–8 September 2007		Foreign Ministers’ meeting
	18–19 October 2007		European Council in Lisbon, final agreement on Reform Treaty
	13 December 2007		signing of the treaty in Lisbon
	by end of 2008		ratification by all member states
	1 January 2009		entry into force

[edit] June 2007 European Council

On 21 June 2007 the European Council met in Brussels to agree upon the foundation of a new treaty to replace the rejected Constitution. The meeting took place under the German Presidency of the Union, with Germany's Chancellor Angela Merkel leading the negotiations as President-in-Office of the European Council. After the Council quickly dealt with its other business, such as deciding on the accession of Cyprus and Malta to the Eurozone, negotiations on the Treaty took over and lasted until 5 a.m. on Saturday morning, 23 June 2007.

Agreement was reached on a 16-page mandate for an Intergovernmental Conference, that proposed removing much of the constitutional terminology and many of the symbols from the old European Constitution text. In addition it was agreed to recommend to the IGC that the provisions of the old European Constitution should be amended in certain key aspects (such as voting or foreign policy). Due to pressure from the United Kingdom and Poland, it was also decided to add a protocol to the Charter of fundamental human rights within the EU (clarifying that it did not extend the rights of the courts to overturn domestic law in Britain or Poland). Among the specific changes were greater ability to opt-out in certain areas of legislation and that the proposed new voting system that was part of the European Constitution would not be used before 2014 (see Provisions below).^[3][4]

In the June meeting, the name "Reform Treaty" also emerged, finally eliminating the name "Constitution for Europe" for the new EU treaty. Technically it was agreed that the Reform Treaty would amend both the Treaty on European Union and the Treaty establishing the European Community to include most provisions of the European Constitution, however not to combine them into one document. It was also agreed to rename the Treaty establishing the European Community (EC-Treaty), which is the main functional agreement including most of the substantive provisions of European primary law, to "Treaty on the Functioning of the Union". In addition it was agreed, that unlike in the European Constitution where a Charter was included in the text, there would only be a reference to the Charter of Fundamental Rights of the European Union to make that document legally binding.^[3] Many of the amendments followed the procedures as suggested by the Amato Group.

[edit] Intergovernmental Conference

Portugal had pressed and supported Germany to reach an agreement on a mandate for an Intergovernmental Conference (IGC) under their presidency. After the June negotiations and final settlement on a 16-page framework for the new Reform Treaty, the Intergovernmental conference on actually drafting the new treaty commenced on 23 July 2007. The IGC opened following a short ceremony. The Portuguese presidency presented a 145 page document (with an extra 132 pages of 12 protocols and 51 declarations) entitled the "Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community" and made it available on the Council of the European Union website as a starting point for the drafting process.^[5]

In addition to government representatives and legal scholars from each member state, the European Parliament sent three representatives. These were conservative Elmar Brok, social democratic Enrique Baron Crespo and liberal Andrew Duff.^[6]

Before the opening of the IGC, the Polish government expressed a desire to go back on the June agreement, notably over the voting system, but relented due to a desire not to be seen as the sole trouble maker over the negotiations and due to political pressure by most other European member states.^[7] However, according to some media reports, during the drafting process, Poland and Ireland may join the UK in its opt-out of the Charter on human rights, and Poland may call for further codification of rules regarding the ability of countries to delay legislation.^[8][9] Despite an opt-out for Ireland having been negotiated, the ICTU had stated it would push for a no vote, if the opt-out had been exercised.^[10] In the end, the opt-out for Ireland was not exercised in this area.^[11]

[edit] October 2007 European Council

This conference, mainly consisting of legal experts of all member states, was closed at Council meetings on 18 and 19 October 2007. As the IGC is held in Lisbon and the European Council meeting in October took place in Lisbon as well, it is likely the treaty will be called the "Treaty of Lisbon" in the style of past treaties (excluding the Constitution's IGC in Rome); the Maastricht Treaty in Maastricht (1992), the Amsterdam Treaty in Amsterdam (1997), and the Nice Treaty in Nice (2001). The meeting took place under the Portuguese Presidency of the Union, with Portugal's Prime Minister Jose Socrates leading the negotiations as President-in-Office of the European Council

At the European Council meeting on 18 October and 19 October 2007 in Lisbon, a few last-minute concessions were made to ensure the signing of the treaty:^[12]

• Italy gained an additional MEP, while the President of the EP will be counted as an extra MEP (thus keeping the 750 MEP ceiling);
• Poland got a slightly stronger wording for the revived Ioannina Compromise, plus a nomination for an additional Advocate General at the European Court of Justice. The creation of the permanent "Polish" Advocate General is formally conditioned by an increase of the number of Advocates General from 8 to 11.^[13]
• Austria got a suspension of the court case over its student quotas;
• Bulgaria succeeded in having the Cyrillic transcription of "euro" be spelt "евро" to sound "evro" (instead of "еуро" as requested by the European Central Bank).

[edit] Structure

Image:White stripe.PNG Image:EU Constitution structure complete.svg Image:Reform Treaty structure complete.svg The merge of previous EU treaties into the failed Constitution (left), and the structure of the Reform (Lisbon) Treaty's 'amending' of the old documents Treaty on European Union Treaty establishing the European Community Charter of Fundamental Rights European Constitution Treaty on European Union Treaty establishing the European Community Reform Treaty Treaty on European Union Treaty on the Functioning of the European Union Charter of Fundamental Rights Charter of Fundamental Rights

The Treaty is divided into several parts:

• Preamble
• Changes to the Treaty on European Union (Article 1, Page 3-40)
• Changes to the Treaty establishing the European Community (Article 2, Page 41-150)
• Final provisions (Article 3-7, Page 151-152)
• Protocols
• Declarations

The “Treaty Establishing the European Community” (Treaty of Rome) will be renamed the “Treaty on the Functioning of the European Union” and its articles will be re-numbered (Reform Treaty, Article 5). In contrast to the European Constitution, which would have replaced the two main treaties of the European Union plus the Charter of Fundamental Rights and combined them into one single treaty, the Reform Treaty will simply amend them thus making a legal binding reference to the Charter of Fundamental Rights. To understand the changes proposed in the Reform Treaty one has to crossreference with the existing treaties. This has caused many observers to call the treaty unreadable and ugly. A typical example from the treaty is:

“

Article 7 shall be amended as follows: (a) throughout the Article, the word "assent" shall be replaced by "consent", the reference to breach "of principles mentioned in Article 6(1)" shall be replaced by a reference to breach "of the values referred to in Article 2" and the words "of this Treaty" shall be replaced by "of the Treaties";

”

[edit] Content

The Treaty of Lisbon is intended to keep most of the institutional innovations that were agreed upon in the European Constitution, such as a permanent EU president, a foreign minister (renamed "High Representative of the Union for Foreign Affairs and Security Policy"), the same distribution of parliamentary seats, a reduced number of commissioners, a clause on withdrawal from the EU and a full legal personality (currently held only by the European Community) allowing it to sign international agreements. In addition many of the political changes and substantial amendments to the old treaties in the European Constitution have also been kept. The following points are the major changes with regard to the European Constitution and the old treaties:

[edit] Names and constitutional elements

The "Treaty Establishing the European Community" (Treaty of Rome) will be renamed the “Treaty on the Functioning of the European Union”. However, in contrast to the European Constitution, the two main treaties of the European Union will not be combined to one single constitutional treaty.

In addition there will be some changes to the institutions of the Union: the European Council and European Central Bank will both become official institutions; the Council of the European Union will be known in the treaty as 'the Council' or the 'Council of Ministers'; the Court of Justice of the European Communities shall be known as the 'Court of Justice of the European Union', and the term 'European Commission' will also be used in the treaties instead of the Commission of the European Communities.^[5]

It was agreed to drop most of the state-like features such as the name "constitution", as well as reference to EU symbols (flag, anthem, motto). However all the symbols are already in use, the flag having been adopted in the 1980s, and the Constitution would have just given them a more formal status. So despite being dropped from the text, use will continue: indeed the Parliament, in response to the dropping of the symbols, announced it would make greater use of them. In line with eliminating all "state-like" terminology and symbols, new names for various types of EU legislation have been dropped, in particular the proposal to rename EU regulations and directives to be EU "laws".^{[14][15][3][16]} Sixteen EU-countries have declared their allegiance to these symbols in the new treaty, although the annexed declaration is not legally binding.^[17][18]

[edit] Charter of Fundamental Rights

Main article: Charter of Fundamental Rights of the European Union

The 54-article Charter of Fundamental Rights lists citizens' political, social and economic rights. It is supposed to make sure that EU regulations and directives do not contradict the European Convention on Human Rights which is ratified by all EU member states (and to which the EU as a whole would accede to under the treaty^[5]). In the rejected EU Constitution it was integrated into the text of the treaty and was legally binding. The UK, as one of the two countries with a common law legal system in the EU^[19] and a largely uncodified Constitution, was against making it legally binding over domestic law.^[15] The German presidency suggested a reference to it with a single article in the "Reform Treaty" but maintained that it should be legally binding.^[14] The article elevates the Charter to the same legal value as the Treaty on European Union and the Treaty on the Functioning of the European Union.

“	Article 6 1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, as adapted [at..., on... 2007], which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions. 2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties. 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law."	”
—The Reform Treaty[5]

[edit] Foreign relations

Main article: High Representative of the Union for Foreign Affairs and Security Policy

Foreign Relations is a policy area which requires unanimity among the members of the EU according to the reform treaty. It will merge the post of High Representative for the Common Foreign and Security Policy with the European Commissioner for External Relations and European Neighbourhood Policy in an effort to reduce the number of Commissioners in the European Commission. The High Representative will also become a Commission vice-president and get a diplomatic corps. The Constitution called this post the Union Foreign Minister. In the Reform Treaty this post will be called High Representative of the Union for Foreign Affairs and Security Policy.^[3][20]

Several member states feared that this post will undermine their national foreign policy, so the EU summit mandated that the IGC will agree to the following Declaration:

“	In addition to the specific procedures referred to in [paragraph 1 of Article 11], the Conference underlines that the provisions covering Common Foreign and Security Policy (CFSP) including in relation to the High Representative of the Union for Foreign Affairs and Security Policy and External Action Service will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organisations, including a Member State's membership of the Security Council of the UN. The Conference also notes that the provisions covering CFSP do not give new powers to the Commission to initiate decisions or increase the role of the European Parliament. The Conference also recalls that the provisions governing the CFSP do not prejudice the specific character of the security and defence policy of the Member States.	”
—Presidency conclusions[3]

The changes in foreign relations have been seen by some as the core changes in the treaty, in the same way the Single European Act had created a single market, the Maastricht Treaty had created the euro or the Treaty of Amsterdam created greater cooperation in justice and home affairs.^[21]

[edit] The European Parliament and national parliaments

See also: European Parliament

The power of the directly elected European Parliament would be increased under the Reform Treaty. Currently most policy areas fall under co-decision procedure. After ratification of the Reform Treaty this procedure (now called the "ordinary legislative procedure") would apply to virtually all areas of EU policy meaning that the Parliament would have equal powers to those of the Council, with the two of them together constituting a bi-cameral legislature. In the few remaining areas (now called "special legislative procedures"), Parliament either has the right of consent to a Council measure, or vice-versa, except where the few cases where the old Consultation procedure applies (where the Council must consult the European Parliament before voting on the Commission proposal and take its views into account. It is not bound by the Parliament's position but only by the obligation to consult it. Parliament must be consulted again if the Council deviates too far from the initial proposal).

The Parliament also gains greater powers over the entirety of the EU budget, not just non-compulsory expenditure.

National parliaments will be given a greater role in any reform of the EU Treaty (new Article 33 replacing Article 48) and in responding to new applications for membership (new Article 34 replacing Article 49). National parliaments will be able to veto measures furthering judicial cooperation in civil matters (new Article 69d).

“

Article 8c: National Parliaments shall contribute actively to the good functioning of the Union: (a) through being informed by the institutions of the Union and having draft European legislative acts forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union; (b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality; (c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 64 of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust's activities in accordance with Articles 69k and 69h of that Treaty; (d) by taking part in the revision procedures of the Treaties, in accordance with Article 33 of this Treaty; (e) by being notified of applications for accession to the Union, in accordance with Article 34 of this Treaty; (f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union.

”

These points were "red line" issues for Dutch prime minister Jan-Peter Balkenende who wanted a greater role for national parliaments in the EU decision making process.^[22]

Protocol 2 provides for a greater role of national parliaments in ensuring that EU measures comply with the principle of subsidiarity. In comparison with the proposed Constitution, the Reform Treaty allows national parliaments eight rather than six weeks to study European Commission legislative proposals and decide whether to send a reasoned opinion stating why the national parliament considers it to be incompatible with subsidiarity. National parliaments may vote to have the measure reviewed. If one third (or one quarter, where the proposed EU measure concerns freedom, justice and security) of votes are in favour of a review, the Commission will have to review the measure and if it decides to maintain it, must give a reasoned opinion to the Union legislator as to why it considers the measure to be compatible with subsidiarity.

[edit] Voting in the Council

Main article: Voting in the Council of the European Union

The Reform Treaty will introduce a new voting procedure in the Council of the European Union for legislation which do not require unanimous decisions. This so-called "qualified majority" is reached when a majority of all member countries (55%) who represent a majority of all citizens (65%) vote in favour of the proposal. When the Council is not acting on a proposal of the Commission, the necessary majority of all member countries is increased to 72% while the population requirement stays the same. To block legislation at least 4 countries have to be against the proposal.

The current Nice treaty voting rules (that include a majority of countries (50% / 67%), voting weights (74%) and population (62%)) will remain in place until 2014. Between 2014 and 2017 a transitional phase will take place where the new qualified majority voting rules apply, but where the old Nice treaty voting weights can be applied when a member state wishes so. Also from 2014 a new version of the 1994 "Ioannina Compromise" will take effect, which allows small minorities of EU states to call for re-examination of EU decisions they do not like.^[23]

[edit] Policy areas

See also: Three pillars of the European Union

According to the Reform Treaty, the EU's three "pillar" structure would be replaced. The union's competencies in two major legislative areas or "pillars" – Foreign and Security Policy (second pillar) and Police and Judicial Co-operation in Criminal Matters (third pillar) – would be increased at the same time. However the UK was opposed to extension of supranational powers in these areas in order to avoid a national referendum. Under the June agreement, the UK will also not be obliged to take part in EU cooperation in judicial and police affairs. On foreign policy and defence, the national veto will be retained but other innovations from the constitution are retained.

In the Reform Treaty the policy areas of the EU are classified into one of the following three areas:

• Exclusive competence: In this area the EU has exclusive competence to make directives. It also has exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union.
• Shared competence: The competence to legislate in this area is shared between the member states and the EU.
• Supporting competence: Here the EU is allowed to carry out actions to support, coordinate or supplement the actions of the Member States.

Exclusive competence	Shared competence	Supporting competence
customs union the establishing of the competition rules necessary for the functioning of the internal market monetary policy for the Member States whose currency is the euro the conservation of marine biological resources under the common fisheries policy common commercial policy	internal market social policy, for the aspects defined in this Treaty economic, social and territorial cohesion agriculture and fisheries, excluding the conservation of marine biological resources environment consumer protection transport trans-European networks energy area of freedom, security and justice common safety concerns in public health matters, for the aspects defined in this Treaty	protection and improvement of human health industry culture tourism education, youth, sport and vocational training civil protection administrative cooperation

Member states can have opt-outs from some of these policy areas (e.g. UK opt-out from legislation in the area of freedom, security and justice).

The Treaty will provide countries with a chance to opt out of EU policies in the area of police and criminal law – as pushed for by the UK, supported by the Czech Republic.^[20] Provisions in the Treaty framework draft from the June 2007 summit stated that the division of power between member states and the Union is a two-way process, implying that powers can be taken back from the union.

[edit] President of the European Council

See also: President of the European Council and Presidency of the Council of the European Union

The current post of President-in-Office of the European Council is loosely defined, with the Union's treaties stating only that the European Council shall be chaired by the head of government (or state) of the country holding the presidency of the European Union which rotates every six months.^[24] If ratified the new President of the European Council would be elected for a two and a half year term. The election would take place by a qualified majority among the members of the body, and the President can be removed by the same procedure. Unlike the President of the European Commission, there is no approval from the European Parliament.^[25]

The President's work would be largely administrative in coordinating the work of the Council and organising the meeting. It does however offer external representation of the council and the Union and reports to the European Parliament after Council meetings and at the beginning and end of his term.

In many newspapers this post is being called "President of Europe". This is very misleading since the post of President of the European Commission has legislative and executive powers which the President of the European Council lacks.

[edit] Enlargement and secession

Main article: Enlargement of the European Union

The Reform Treaty, just like the European Constitution, will include language on potential member states having to adhere to the bloc's values if they want to become members of the union. A Dutch suggestion to enshrine the Copenhagen Criteria for further enlargement in the new treaty has not been fully taken on board as there are fears it would lead to ECJ judges having the last word on who could join the EU, rather than its political leaders.^[20] During the June 2007 summit Dutch prime minister Jan Peter Balkenende, secured stronger enlargement criteria in the treaty. They make it more difficult for would-be member states to get their applications approved, give slightly more power to national parliaments over proposed EU legislation and add a protocol stating that the new treaty does not affect the right of member states to provide services of general interest.

Just like the European Constitution the Reform Treaty will include a provision that makes it possible for EU member states for the first time to legally and officially terminate their membership. While there has been an instance where a territory has ceased to be part of the EC (Greenland in 1985), there is currently no regulated opportunity to exit the European Union.

Another feature that has been taken over from the European Constitution is that a change of status of an overseas territory of France, Denmark or the Netherlands no longer requires a revision of the Treaties. Instead, the European Council may, on the initiative of the member state concerned, change the status of an overseas country or territory (OCT) to an outermost region (OMR) or the other way around.^[26] This provision was included on a proposal by the Netherlands, which is investigating the future of the Netherlands Antilles and Aruba in the European Union as part of an institutional reform process that is currently taking place in the Netherlands Antilles.

[edit] Climate change and energy solidarity

The Reform Treaty has additional agreements regarding climate change and the fight against global warming, which have been added as targets for the European Union. In addition, several provisions of the treaties have been amended to include solidarity in matters of energy supply and changes to the energy policy within the European Union.

[edit] Special provisions for member states

Main article: Opt-outs in the European Union

[edit] United Kingdom and Poland

The United Kingdom and Poland have both fought for the inclusion of a protocol to prevent the full application of the "Charter of Fundamental Rights of the European Union" by the European Court of Justice in their countries, although it would still bind the EU institutions and apply to the field of EU law:

“	Article 1 1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms. 2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law. Article 2 To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.	”
—Reform Treaty - Protocol (No 7)[27]

Though the Civic Platform party in Poland had signalled during the 2007 parliamentary elections that it would not seek to opt-out from the Charter,^[11] Prime Minister Tusk has since stated that Poland will not sign up to the Charter. Tusk declared that the deals negotiated by the previous Polish government will be honoured,^[28] though suggested that Poland may eventually sign up to the Charter at a later date.^[29]

[edit] United Kingdom and the Republic of Ireland

The Republic of Ireland and the United Kingdom have opted out from the change from unanimous decisions to qualified majority voting in the sector of police and judicial affairs; this decision will be reviewed in Ireland three years after the treaty enters into force (if referendum allows). Both states will be able to opt-in on these voting issues on a case-by-case basis.

[edit] Ratification

Under a timetable envisioned by Germany and agreed by the June 2007 summit, all member states will use the mandate agreed at the June 2007 summit as the basis for negotiations on a new Treaty, which should be finished by the end of the year and ratified in all member states the end of 2008, entering into force on 1 January 2009 ahead of the next European elections. Most states are likely to try to avoid having a referendum on the treaty – with only Ireland obliged to (due to its constitution) – and will aim to ratify it by their national parliaments. In Denmark, there were calls to hold a referendum on the treaty.^[30][31] A neutral commission decided against a referendum being held. Danish Prime Minister Anders Fogh Rasmussen announced on 2007-12-11 that he would not submit the treaty to a referendum,^[32] which MPs confirmed on the same day.^[33] In Scotland the Scottish Government has suggested it may hold a consultative referendum on the treaty; it is unclear whether such a referendum is intended to have any legal effect however, as foreign policy falls outwith the competence of the Scottish Parliament. The small town of Crigglestone, West Yorkshire, will hold a local referendum on the issue under the Local Government Act, which will be funded by the Wakefield-based Conservative parliamentary candidate Alex Story.^[34]

In the Czech Republic, the Netherlands and the United Kingdom considerations over whether to hold referendums were made. In all cases, the governments decided to ratify the treaty through parliament. In the Netherlands and the United Kingdom, the parliament could force a referendum against the government's decision; however, this is considered unlikely, as anti-referendum parties hold a majority.^[35][36] The Czech Republic voted on 30 October 2007 to ratify the treaty through the parliamentary route, and not via a referendum; the Communist Party of Bohemia and Moravia and three rebel MPs from the ruling Civic Democratic Party were the only ones to vote in favour of a referendum.^[37]

In Portugal, Prime Minister José Sócrates pledged to hold a referendum on the European Constitution and faces calls to hold a referendum on the Reform Treaty, as well; however, all parties except the Left Bloc are hesitant to do so, fearing a knock-on effect causing other states to hold a referendum, as well^{[citation needed]}. Sócrates, while currently avoiding making a clear statement on the issue, has stated he will announce his decision after the formal signing of the treaty on 13 December 2007.^[38]

Hungary was the first member state of the EU which ratified the Treaty of Lisbon. The National Assembly of Hungary (Országgyűlés) ratificated the Treaty on 17 December 2007. 325 MPs of the total 386 voted with yes to ratify the reform treaty, 5 voted against.^[39]

[edit] Processes of national ratification

Member state	Date[40]	Chamber	Result[41]	Deposition[42]
Image:Flag of Austria.svg Austria	TBD	National Council:
	TBD	Federal Council:
Image:Flag of Belgium (civil).svg Belgium	TBD	Chamber of Representatives:
	TBD	Senate:
	TBD	Brussels Regional Parliament:
	TBD	Flemish Parliament:
	TBD	Walloon Parliament:
	TBD	French Community Parliament:
	TBD	German-speaking Community Parliament:
Image:Flag of Bulgaria.svg Bulgaria	TBD	National Assembly:
Image:Flag of Cyprus.svg Cyprus	TBD	House of Representatives:
Image:Flag of the Czech Republic.svg Czech Republic	TBD	Chamber of Deputies:
	TBD	Senate:
Image:Flag of Denmark.svg Denmark	TBD	Parliament:
Image:Flag of Estonia.svg Estonia	TBD	State Council:
Image:Flag of Finland.svg Finland incl. Image:Flag of Aaland.svg Åland[43]	TBD	Finnish Parliament:
	TBD	Åland Parliament:
Image:Flag of France.svg France	TBD	National Assembly:
	TBD	Senate:
Image:Flag of Germany.svg Germany	TBD	Federal Diet:
	TBD	Federal Council:
Image:Flag of Greece.svg Greece	TBD	Assembly of the Greeks:
Image:Flag of Hungary.svg Hungary	17 December 2007	National Assembly:	Image:Yes check.svg Yes Image:Symbol thumbs up.svg 325 Image:Symbol thumbs down.svg 1 AB:1 [44]
Image:Flag of Ireland.svg Ireland	TBD	Referendum:
	TBD	House of Representatives:
	TBD	Senate:
Image:Flag of Italy.svg Italy	TBD	Chamber of Deputies:
	TBD	Senate of the Republic:
Image:Flag of Latvia.svg Latvia	TBD	Diet:
Image:Flag of Lithuania.svg Lithuania	TBD	Diet:
Image:Flag of Luxembourg.svg Luxembourg	TBD	Chamber of Deputies:
Image:Flag of Malta.svg Malta	TBD	House of Representatives:
Image:Flag of the Netherlands.svg Netherlands	TBD	First Chamber:
	TBD	Second Chamber:
Image:Flag of Poland.svg Poland	TBD	Diet:
	TBD	Senate:
Image:Flag of Portugal.svg Portugal	TBD	Assembly of the Republic:
Image:Flag of Romania.svg Romania	TBD	Chamber of Deputies:
	TBD	Senate:
Image:Flag of Slovakia.svg Slovakia	TBD	National Council:
Image:Flag of Slovenia.svg Slovenia	TBD	National Assembly:
	TBD	National Council:
Image:Flag of Spain.svg Spain	TBD	Congress of Deputies:
	TBD	Senate:
Image:Flag of Sweden.svg Sweden	TBD	Parliament:
Image:Flag of the United Kingdom.svg United Kingdom incl.Image:Flag of Gibraltar.svg Gibraltar[45]	TBD	House of Commons:
	TBD	House of Lords:
	TBD	Gibraltar Parliament:

[edit] Reactions

Following the June agreement German foreign minister Frank-Walter Steinmeier declared that in his view the only thing left to do is to draft the legal compromise reached in June into "legal provisions". Austrian foreign minister Ursula Plassnik concurred and added "the only thing left to do is get the language right and work on the legal details, and announced her confidence that within 12 weeks a treaty ready to sign could be prepared.^[46] This was echoed by José Manuel Barroso, the president of the European Commission, who stated that he is 'confident' that the 27 EU member states will reach a political agreement on a new reform treaty for the bloc by October. He added that "We now have the draft treaty text. The political consensus that was reached at the last European council is now translated into legal language."^[47]

However, others such as Poland have indicated they wish to re-open some areas. During June, Poland's Prime Minister had controversially stated that Poland would have a substantially larger population were it not for World War II.^[48] The president of the European Parliament Hans-Gert Pöttering declared that there should not be new negotiations on substance and that no agreement on a re-opening, as suggested for instance by Poland, should occur. Elmar Brok, who is part of the Delegation of the European Parliament added "This mandate now needs to be implemented into a draft" right now.^[46]

[edit] United Kingdom

The Reform Treaty has been greeted with controversy in the United Kingdom.^[49] The ruling Labour Party had promised a referendum over the UK's ratification of the Constitutional Treaty proposal; however, Tony Blair announced that the new Reform Treaty would not be subject to a referendum. Due to the Reform Treaty including many changes to the old European constitutional framework that the European Constitution proposed, media reported that the British public felt a referendum should still be held over the new Reform Treaty.^[50] In response, Blair, and his successor Gordon Brown, claimed that the treaty would not require a referendum so long as certain 'red lines' were not crossed; i.e., that the UK continued to retain vetoes over collective foreign policy, common law (so the Charter of Fundamental Rights would be without legal effect) and social security and tax laws.^[51] While Blair claimed to have reached this compromise, doubt was cast over the legal efficacy of his foreign policy opt-out, especially since the EU retained an extensive array of diplomatic machinery – implying that the EU would indeed be conducting collective diplomatic policies, regardless of Britain's feelings in the matter.^[52] Also of concern was the removal of the term "free and undistorted" from the objectives of the EU. This was made by the request of French president Sarkozy who felt that this is not a philosophical objective but rather a tool to reach the objective.

“

3. The Union shall establish an internal market (where competition is free and undistorted). It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.

”

Members of Parliament in the UK have also criticised that during the first few days of drafting the Reform Treaty only a French version was available, which they claim prevented proper scrutiny of the new European Union treaty by failing to provide the House of Commons with an English version.^[53] The European Scrutiny Committee of the House of Commons asserted in October 2007 that the Reform Treaty is "substantially equivalent" to the old European Constitution treaty, and that the special exceptions made in the new treaty for the United Kingdom might not prove to be effective in practice.^[54][55] This view has been challenged by British foreign affairs minister David Miliband.^[56]

[edit] Quotations

• "The one who wins in these kinds of situations is the one with the strongest nerves."

—Lech Kaczyński, President of Poland, 22 June 2007^[23]

• "The constitutional treaty was an easily understandable treaty. This is a simplified treaty which is very complicated."

—Jean-Claude Juncker, Prime Minister of Luxembourg, 23 June 2007^[57]

• "Nobody really wants to postpone the decision or create another crisis."

—Margot Wallström, Commission Vice-President and Institutional Relations and Communication Strategy Commissioner, 12 October 2007^[58]

[edit] References

[edit] External links

[edit] Official websites

• Official website
• Treaty of Lisbon text
• Intergovernmental Conference 2007
• Brussels European Council 21/22 June 2007 – Presidency Conclusions with Annex I – Draft IGC Mandate, 23 June 2007
  • Brussels European Council 21/22 June 2007 – Presidency Conclusions, Corrigendum(?), 20 July 2007
• Irish Government information site for the Reform Treaty , Ireland, Department of Foreign Affairs
• 10 Myths about the Reform Treaty, UK Foreign and Commonwealth Office

[edit] Unofficial consolidated versions

• Consolidated version of the treaties, Mwalther.net, 2007-12-27
• Consolidated version of the treaties, Institute for European Studies (WARNING - out of date, does not reflect Final Version of December 2007)

[edit] Media

• LinksDossier: EU in search of a new Treaty, EurActiv.com, updated (26 April 2007)
• David Charter: Q&A: the EU reform treaty, Times, 2007-06-21
• Key points of EU reform treaty draft, AFP / EUbusiness, 2007-06-21
• EU leaders to discuss new treaty, BBC News, 2007-06-21
• A close look at the Reform Treaty, Stephen Mulvey, BBC News website, 3 August 2007
• The new treaty: what will it mean, and do we need a referendum? (PDF), Open Europe, 7 May 2007
• Treaty on European Union – How does it compare to the Constitution? (PDF), Open Europe, July 2007.
• The new EU reform treaty (PDF) Federal Union, 23 June 2007
• Eur-charts visualization - The EU following the Lisbon Treaty (Reform Treaty), eur-charts.eu, 18 December 2007

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