2013年-CEPS欧洲政策研究中心_The_Treaty_of_Lisbon_9页_163kb

The Treaty of Lisbon – How Much ‘Constitution’ is Left?

Core Content

The Treaty of Lisbon (ToL), signed on 13 December 2007, is an amending treaty to the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC). It was designed to avoid the fate of the abandoned Constitutional Treaty (CT), which had failed in referendums in France and the Netherlands. The ToL aims to streamline the EU's institutional framework and address concerns about democratic legitimacy and public acceptance.

Main Changes

The ToL introduces several key changes, mostly drawing from the CT but without its full constitutional structure. The treaty's content is divided into six Titles in the TEU and includes new provisions in the TFEU.

1. General Provisions (Title I TEU)

• Values and Objectives: The ToL incorporates provisions from the CT on the EU's values and objectives, but omits "undistorted competition" as a stated objective, which was included in the CT's preamble.
• EU Symbols: The ToL does not include articles on EU symbols, a deliberate move to make the treaty appear more technical and less emotionally charged, aiming to avoid public referendums.
• Charter of Fundamental Rights: Article 6 of the TEU explicitly references the Charter of Fundamental Rights, giving it the same legal value as the treaties. However, it does not incorporate the Charter directly, and some member states (e.g., Britain and Poland) have negotiated opt-outs.
• Primacy of EU Law: The ToL does not include an explicit reference to the primacy of EU law over national law, but a Declaration confirms the existing status quo.

2. Democratic Principles (Title II TEU)

• Citizens' Initiative: A new provision allows one million citizens from a significant number of member states to request the European Commission to propose legislation on a matter within its competence.
• National Parliaments: Article 8c TEU strengthens the role of national parliaments by allowing them to initiate a subsidiarity check if one-third of them request it. If 55% of member states or 50% of the European Parliament votes against a proposal, it can be blocked.

3. Institutions (Title III TEU)

• Permanent European Council President: A permanent President is established, elected by a qualified majority and not combined with any national office.
• European Council and ECB as Institutions: The European Council and the European Central Bank (ECB) are granted institutional status, which includes certain legal obligations and responsibilities.
• Commission President Election: The Commission President is to be elected by the majority of the European Parliament, increasing the visibility of European elections.
• Commission Composition: The Commission will be reduced to 2/3 of the number of member states, with a strict rotation system. This change requires a unanimous Council decision for implementation.
• Double-Hat High Representative: The High Representative for Foreign Affairs and Security Policy will also serve as a Vice-President of the Commission, aiming to combine political visibility with institutional resources. However, legal ambiguities remain regarding its role.
• Double-Majority Voting System: A double-majority system is introduced, requiring 55% of member states representing 65% of the EU population to agree. The system will not take effect until 2014, with transitional clauses allowing the use of the current Nice voting rules until 2017.
• European Parliament Size: The size of the European Parliament is capped at 750 members, with an additional Italian MEP to match the UK's representation.

4. Enhanced Cooperation (Title IV TEU)

• The ToL modifies the threshold for enhanced cooperation to require at least nine member states, slightly easing the process for future treaty-based initiatives.

5. External Action (Title V TEU)

• External Action Service (EEAS): The EEAS is established to support the High Representative, with officials from the Council, Commission, and national diplomatic services.
• Permanent Structured Cooperation (PSC): A mechanism for structured defense cooperation among a subset of member states is maintained, based on objective military criteria and a qualified majority in the Council.

6. Final Provisions (Title VI TEU)

• Legal Personality of the EU: The ToL introduces a single legal personality for the EU, covering both the Community and the Union, but clarifies that it cannot be used to expand the Union's competences.
• Voluntary Withdrawal Clause: Article 49a TEU allows a member state to leave the Union after a two-year period if negotiations fail, providing a safeguard against abrupt exits.
• Treaty Revision Procedures: Both ordinary and simplified revision procedures are included, with the latter allowing for a shift from consultation to co-decision, but only under strict conditions and with the possibility of national parliaments blocking such changes.

Treaty on the Functioning of the European Union (TFEU)

• The TEC is renamed the TFEU, reflecting the EU's replacement of the EC.
• Legislative Procedures: Co-decision and qualified majority voting are now the "ordinary legislative procedure" in the TFEU, expanding their use to areas like justice and home affairs, energy, tourism, and civil protection.
• Annual Budget: The ordinary legislative procedure now covers the entire annual budget, removing the distinction between compulsory and non-compulsory expenditure, with the multi-annual financial framework setting budget ceilings.
• New Title on Energy: A new title (Title XX) is added to the TFEU, highlighting the EU's growing focus on energy policy.

Key Considerations

• The ToL avoids the constitutional label, which was a major factor in the rejection of the CT.
• It retains many of the CT's provisions but does not introduce new legal powers, instead focusing on institutional and procedural reforms.
• The treaty emphasizes national sovereignty and democratic accountability, with mechanisms like the citizens' initiative and the role of national parliaments.
• Despite these changes, the EU's legal structure remains complex and fragmented, with continued use of the "pillar" system in practice.
• The ratification process is expected to be less contentious than the CT, as referendums are avoided, and the focus is on national parliaments. However, the process remains uncertain due to political unpredictability in some member states.

Conclusion

The Treaty of Lisbon represents a cautious and pragmatic approach to EU reform, avoiding the constitutional path taken by the CT and focusing on institutional and procedural changes. While it introduces several new elements, it also preserves the existing legal and political framework, reflecting a compromise between integration and national sovereignty. The treaty's success will depend on its implementation and the willingness of member states to accept its new structures.