The government and politics of the European Union

1
The government and politics of the European Union

• Oral presentation of chapter 6
• The Constitutional and Lisbon Treaties

2
Structure of the presentation

• The making of the Constitutional Treaty (CT)
• The Constitutional Convention
• The intergovernmental Conference (IGC)
• The contents of the CT
• Ratifying the CT
• From the CT to the Lisbon Treaty
• The contents of the Lisbon Treaty
• The main provisions of the lisbon Treaty
• Conclusion

3
The Constitutional Convention

• 3 basic challenges
• To guide citizens to get closer to the European
  conception and institutions
• To organise politics and European political area
• To develop a EU in a stable state

4
The Constitutional Convention

• 5 key-issues to check
• Better definition and separation of competences
• Simplification on Union instruments
• Increase democracy, transparency and efficiency
• Reorganisation and simplification of the
  treaties
• Agreement and long term management of a
  Constitutional text of the Union

5
The working of the Constitutional Convention

• Organized in 4 forums
• The Office of the President focus on the
  Convention results
• The Praesidium provide an orientation and
  assuring the organization of the work and the
  finalization of the tasks
• Workings Groups examine specific issues
• Plenary Sessions debate on general subjects,
  deliberate on workshops reports and build the
  final text.

6
The Intergovernmental Conference (IGC)

• In octobre 2003 -gt 2 issues remained
• The size of the College of Commissioners.
• Before 2009, its size should be reduce to 15
• The votes rules for the Council of Ministers.
• Qualified majority voting (QMV) should be
  abandoned and be replaced by a double majority
  system

7
The contents of the Constitutional Treaty (CT) 6
important features

• The document is not as simple as hoped
• The most of CT content comes from previous
  treaties
• The new content consists in small amendments
• Give a better coherence and identity to the Union
• No impact on the intergovermental / supranational
  balance
• Great symbolic significance with the use of the
  word Constitution.

8
2004 Constitutional Treaty signature

• Ratification process
• (First deadline 2006)
• Referendum vs Parliamentary vote
• ? ?
• CTs symbolic character Customary way of
  ratification
• Domestic political pressures

9
2005

• Referendum
• 1  yes  vote in Spain
• 2  no  votes in
• France
• The Netherlands

• Parliamentary votes
• CT approved by 9 member states

• Ratification process into doubt

10
Reasons for rejections

• Form of the treaty seen as embracing elite rather
  than popular wishes
• Social and economic values hypothetically
  dangerous to existing welfare systems
• directly linked to the treaty
• Non treaty matters (enlargement)

11
Period of reflection

• 2006 EU leaders agree that
• The constitutional aspects of the CT would have
  to be dropped
• Routine reformist aspects should largely remain

• Treaty reform process (beginning during the
  German Council Presidency)

12
2007

• March Berlin declaration (second deadline the
  2009 EP elections)
• June decision to open an IGC tight mandate
  draw up a  Reform Treaty 
• July opening of IGC largely a technical
  exercise
• Informal summit agreement on the content of the
  new treaty

13
December signature by national leaders

• The named  Reform Treaty  became the  Lisbon
  Treaty 
• Ratification process
• Approval by parliamentary votes in most of the
  countries, although

14
Delays in some countries

• 2008 Irish referendum rejection
• 2009 The German Constitutional Court withholds
  the approval
• Poland and Czech Republic eurosceptic
  presidents refusal

15
2009

• September German Parliament passes the law
  required by the Constitutional Court
• October - second irish referendum approval
• - Polish president approves
• November Czech Republic signed the ratification
  instrument

16
Lisbon Treaty's entrance into force - 1st
december 2009

• Why Lisbon treaty ? CT?
• A Treaty more acceptable to citizens
• To accomodate a (limited) number of pressing
  national and institutional interests
• New issues on the political agenda

• Why Lisbon Treaty CT?
• Renegotiation and extended debates unwanted
• Modifications provided by CT still relevant and
  useful

17
THE CONTENTS OF LISBON TREATY 
INSTITUTIONS The Commission The president
of the Commission must now be nominated by the
European Council. The European Council Is a
separate institution distinct from the Council
of minister, and elects its own president by
QMV. The responsibilities of the president are
confined to european Council business.
18

• The Council of minister
•   Is the institution which represent the
  interests of member States and is responsable
  for overall coordination of the European with
  the parliament.
•  
• The European Parliament
• Seats are attributed between the member
  States, it powers are strengthened by extention
  to the remit of the co-decision and by increasing
  powers over trade policy and the budget.

19

• Created a new president 
• Creation of a permanent president of the European
  Council mandate of two and half years.
• Reason help ensure policy continuity, raise the
  EU's profite on the world stage.
• Possibility to provide a EU leadership much
  stronger.

20

• Simplified voting rules 
•  
• Qualified Majority Voting (QMV) instead of
  unanimous voting.
•  
• Decision made trough QMV must be approved
  by double majority 55 EU member ( 15
  states) representing at least 65 of the EU
  population. Enforcement on 2014
•  
• QMV provisions in the Council makes it
  easy the decision in some policy areas.

21

• New power given for the European parliament 
• EP more rights under the lisbon treaty.
• Same weight as the European Council as regards
  certain low
• EP and Council become co-equal decison makers.
• The procedures is re-named  the ordinary
  legislative procedure.

22

• Granted to the Eu a legal personality 
•  
• EU gained a legal personality thanks to lisbon
  treaty.
•  
• The charter for Fundemental Rights give
  full legal status.
•  
• Charter is not incorporate into the treaties but
  proclaimed by the president of the Commission,
  Council, and EP
•  
• Article 6 TEU have the same legal value as the
  treaties.

23

• The common Foreign Affairs and Security Policy
  and a Common Defense Policy.
•  
• A new high representative of the Union for
  Foreign Affairs and security policy to boost
  the EU's international visibility.
•  
• The responsibilities of the Council high
  representative combine into one position.
•  
• CSDP mutual assistance clause between member
  state.

24

• Tackle the democratie deficit 
• Citizens can invite the Commission to
  submit a legislative proposed by collecting one
  million signatures ( in a significant number of
  member states )
• Extention to the applicability of the co-decision.

25
Conclusion

• Difference between the Lisbon Treaty and previous
  treaties
• Result similar to the previous treaties
• Any transformation of the EU nature.
• Symbolic aspects would have given the Union the
  appearance of a State

26
Short time line of the lisbon Treaty

• December 2001  Laeken declaration on the future
  European Union
• February 2002  Constitution Convention opens
• October 2003 IGC opens
• October 2004 formal signature on the CT in Rome
• May/June 2004 No result in CT ratification
  referendum in France and the Netherlands
• March 2007 Berlin Declaration presents the wish
  to salve the CT issues
• June 2007 the European Council organises a nex
  IGC to provide a base of reform
• Decembre 2007 Lisbon Treaty is signed by
  national leaders
• June 2008 No result for Lisbon Treaty in
  ratification referendum in Ireland
• June 2009 the European Council provides some
  clarifications and concessions
• October 2009 Yes result for Lisbon Treaty in
  a second ratification referendum in Ireland. The
  Polish President signs the laws that ratifies the
  Lisbon Treaty
• November 2009 the Czech President signs to the
  laws that ratifies the Lisbon Treaty
• December 2009 Lisbon Treaty enters into force