[Previous posts on The Lisbon Treaty can be located here.]

As I type this, with my papercut-ridden hands, eyelids drooping, I wonder, “What in the hell possessed me to embark upon this ridiculous project?” (I saw Julie & Julia the other day. At least that Julia wan had delicious recipes as a daily reward. What do I get? Reams of mind-numbing legal detail and post-it notes everywhere..)

Last time we met, I summarised the background to the Treaty, why we’re voting again and the guarantees. (Well, strictly speaking, the last post on the Lisbon Treaty was that nifty-looking video on its social aspects, but who’s counting.) Now, it’s time to really get stuck in..

I’m going to do this a little bit in reverse order. The Lisbon Treaty amends the existing core treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The former deals with the over-arching aims and principles governing the EU and its purpose; the latter provides basic detail on the running of the EU, the areas it deals with, procedures, and so on. I’m going to deal with that delightful-sounding latter treaty first.

Spoiler Warning: This may bore the arse off you. But it may also be worth it!
[And if you think this is boring, try reading the Lisbon Treaty yourself..!]

The first amendment to the TFEU is to the principles. The Lisbon Treaty inserts the following, to explain what the TFEU is for, generally speaking:

1. This Treaty organises the functioning of the Union and determines the areas of, delimitation of, and arrangements for exercising its competences.

So far, so very Ronseal Quick-Drying Woodstain.

Next, the Lisbon Treaty inserts provisions on “Categories and Areas of Union Competence” – in other words, what the EU can and cannot do, and where the EU and the member states of the EU share competence. (“Competence” meaning that, for example, the EU legally has the ability to make laws on a particular area, such as the internal market.) Lisbon says that where “exclusive competence” is conferred by the core treaties, only the EU can legislate or act. It says that where competence is “shared” between the EU and member states, both the EU and the states can legislate or act, but they can’t overlap: if the EU has exercised its competence on a topic, then the member state can’t, unless the EU has decided to cease exercising its competence.

Jesus. I wish they’d stop saying “competence”. Ugh..!

Lisbon also re-states (as this was already in the existing treaties) that the EU has competence to “define and implement a common foreign and security policy, including the progressive framing of a common defence policy.” More on that anon. (So, stay tuned, and stay awake!). It is also provided that the EU will have competence to “support, co-ordinate or supplement” the actions of member states, but without superseding the states’ own competence. In addition, it is specifically stated that this will not entail harmonisation of member states’ laws or regulations. Finally, the particular details of exercising the EU’s competences will be set out in the later parts of the treaties (i.e. the core treaties, as amended by Lisbon).

Oh God. There is no way this is not boring. And the word “competence” is beginning to lose all meaning for me! Stay with me, though, it gets.. er, better(?).

So, the “exclusive competence” areas for the EU are: customs; competition rules; monetary policy for the eurozone; marine conservation under the common fisheries policy; common commercial policy; and concluding international agreements when such is provided for by EU legislation or if such is necessary for the EU to carry out its internal workings, or where common rules might be affected by such an international agreement.

The “shared competence” areas, between the EU and the member states, are: those conferred by the EU’s core treaties; internal market; social policy aspects in the treaties; economic, social and territorial cohesion; agriculture and fisheries (apart from the aforementioned marine conservation); environment; consumer protection; transport; trans-European networks; energy; area of freedom, security and justice; certain public health matters mentioned in the treaties.

Also, the EU can carry out activities in relation to research, technological development and outer space, but exercising this competence does not prevent member states exercising theirs. Likewise, in relation to development co-operation and humanitarian aid.

Economic policies will be co-ordinated by member states within the EU, and the EU will take steps to co-ordinate employment policies of member states.

In relation to areas mentioned earlier where the EU can “support, coordinate or supplement the actions of member states”, these areas are: public health; industry; culture; tourism; education, young people and sport; civil protection; and administrative cooperation.

(Each of the above three lists detailing different areas of competence, etc., are dealt with in more detail in specific provisions of the core treaties, so we’ll deal with Lisbon’s amendments in due course. I’m sure you just can’t wait!)

The next section of the TFEU amended by Lisbon sets out the general principles to be applied to the functioning of the EU at all times. Lisbon inserts a provision requiring across-the-board consistency within the EU:

The Union shall ensure consistency between its policies and activities, taking all of its objectives into account and in accordance wth the principle of conferral of powers.

Not quite Ronseal, but the gist is there. Also, the reference to “objectives”, I imagine, refers to the first treaty, TEU, which I’ll also discuss at a later stage.

Then, the commitment to promoting gender equality and combating gender discrimination is re-stated to apply to all EU activities. Next, there are two articles inserted by Lisbon which are very clear, and worth reading in full:

Article 9

In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

Article 10

In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

After that, Lisbon ensures that consumer protection requirements are taken into account by the EU in its work.

A wee amendment is made to the subsequent Article – it adds the phrase “since animals are sentient beings” to the existing animal welfare provision, and adds a further amendment to ensure that this applies also to fisheries and to research, technological development and space policies.

The next article makes a general mention of services which are of economic importance, and requiring the EU and member states to ensure they can fulfil their missions, and also allows the EU to draft laws in this area but without prejudice to a member state’s (here’s that word again) competence.

There are three more Articles in this section. Article 15 is amended to require all of the agencies of the EU to “conduct their work as openly as possible.” The European Parliament and now the Council (for the first time) must meet in public when considering and voting on draft EU laws. The Council is the body composed of ministers from each nation’s government (i.e. for dealing with, say, foreign affairs, the ministers for foreign affairs form the Council members; if it is to do with EU co-operation on justice, the Council is made up of justice ministers). The “Council” shouldn’t be confused with the “Council of Europe” which is where the heads of state/government meet, i.e. prime ministers and/or presidents.

The same Article also that the documents of EU bodies are accessible to any citizen of EU member states, with certain restrictions in relation to the EU’s Court of Justice (ECJ), the European Central Bank (ECB) and the European Investment Bank (EIB). Each EU body is also required to “ensure that its proceedings are transparent” and shall set down rules on this.

The above-mentioned openness and transparency requirements must be in accordance with EU laws jointly determined by the European Parliament and the Council. The Lisbon Treaty requires that these laws are “regulations“.

(The various EU bodies and different types of EU laws will be discussed in a later post.)

The second last Article in this section is inserted by the Lisbon Treaty, which deals with the right to data protection of all persons. The rules relating to data protection and EU bodies will be laid down jointly by the European Parliament and the Council; this will also apply to member states in areas that are within the scope of EU law. In addition, “Compliance with these rules shall be subject to the control of independent authorities.”

Lisbon also inserts the final section which states that churches and religious groupings shall be respected by the EU, and that their status under national laws of member states is not in any way prejudiced by the EU. The status of “philosophical and non-confessional organisations” is equally respected. And lastly, the EU commits to maintaining “an open, transparent and regular dialogue” with these religious and other organisations.

Hooray! That’s it for now. Well done, team. And, as a reward for getting this far, a wee video which may help to explain the title of this post, and hopefully will give you a laugh.

Till next time.
: )

(And listen, if you didn’t get that, don’t worry. Reading the Lisbon Treaty does strange things to my brain.)

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