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

Well, that “External Action of the Union” was all very much less painful than I had anticipated.

I fear, however, for my sanity when it comes to the next sections: “Institutional and Financial Provisions” and beyond. With each word, a new Rip Van Winkle is born..

Anyway, here goes. We’ll be putting up with:

• Institutional Provisions
• Financial Provisions
• Enhanced Co-operation

Bloody hell, they didn’t strain the creativity with those section titles, did they? Good old politicians and their drafting minions.. Not to worry, though: they have crammed in oodles of boring shite, so don’t let the mere three sections give you hope.

institutional provisions

The first area in this section under the sub-heading “The Institutions” deals with the European Parliament.

The first article is an existing article, with a new paragraph inserted by Lisbon which allows the Council under certain conditions, and acting unanimously and with the consent of the Parliament, to lay down the provisions proposed by the European Parliament concerning the direct election of MEPs.

The remaining articles in this section are also existing articles, with some amendments made by Lisbon. One is in relation to the Parliament’s ability under certain conditions to establish a “temporary Committee of Inquiry to investigate … alleged contraventions or maladministration in the implementation of Union law”. The amendment allows the Parliament to determine the provisions governing the exercise of the right of inquiry, with the consent of the Council and the Commission.

The European Ombudsman is established by the next amendment, to examine and report on complaints from any citizen or entity of the EU. The Ombudsman is elected by the European Parliament after its Parliamentary elections, may be re-appointed, and the term of office is the same duration of the Parliament. The Ombudsman must be completely independent.

The Commission may attend Parliament meetings, and shall be heard at its request. The Council and European Council shall also be heard at Parliament meetings, in accordance with specific established procedures.

A new paragraph is inserted concerning motions of censure on the activities of the Commission, setting out the circumstances in which “the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission”.

Next, this sub-heading deals with The European Council (heads of state). Lisbon inserts two new articles (the total in this area) concerning the voting arrangements of the European Council, and allowing the European Council to adopt by qualified majority “a decision establishing the list of Council configurations” and “a decision on the Presidency of Council configurations”.

Next, we’re on to the Council (government ministers).

Three new paragraphs are added to an existing article (re-numbered 238) which also deals with the voting arrangements of this body. They set out the definition of “qualified majority voting” (QMV) in two scenarios:

(1) Where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs (snappy job title, there), QMV is 72% of the Council members, representing member states comprising at least 65% of the EU population; and

(2) Otherwise, where not all members of the Council are voting, QMV is at least 55% of the Council members, representing at least 65% of the population.

In addition, a blocking minority is defined as Council members representing 35% of the EU population, plus one Council member.

A new article is added by Lisbon concerning the formation of a committee consisting of the Permanent Representatives of EU governments. This committee is responsible for preparing the work of the Council and carrying out any tasks the Council assigns it.

A General Secretariat, the organisation of which is decided by the Council, also assists the Council.

The text of another article (now Article 210) is replaced by the Lisbon Treaty allowing the Council to “determine the salaries, allowances and pensions” of the chiefs and senior staff of the EU bodies, the Commission and the snappily-titled High Representative thingamy.

Next, we move to the Commission.

A new article, Article 244, is inserted by the Lisbon Treaty. It provides for the rotation system of Commissioners, which will not now apply if the Lisbon Treaty is approved by Irish voters, as a result of the “guarantees” agreed after the last referendum.

The next amendment by the Lisbon Treaty is to insert four new paragraphs dealing with the situation arising where a vacancy is created by resignation, compulsory retirement or death of a member of the Commission.

Next stop: the Court of Justice. This is re-named by Lisbon as the Court of Justice of the European Union.

A new article (255) is inserted by the Lisbon Treaty in relation to establishing a panel to provide opinions on the suitability of candidates for the post of Judge and Advocate-General of the Court of Justice and the General Court.

A new paragraph is added to Article 257 allowing the European Parliament and Council to jointly pass EU laws to establish specialised courts to hear first instance class actions in specific areas.

Two new paragraphs are added to the following article setting down the steps to be taken by the Commission if a member state of the EU is not complying with a Court judgement.

The Lisbon Treaty adds the European Council, the European Central Bank and “bodies, offices and agencies of the Union” to the list of entities which may be taken to the Court of Justice by the member states or other EU institutions if those entities infringe the EU Treaties by failing to act.

The Lisbon Treaty inserts a new article which states:

The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.

The Court may, however, monitor compliance and rule on certain proceedings.

The article after that is also introduced by Lisbon, and states that the Court of Justice has no jurisdiction in relation to law enforcement issues.

Up next, the European Central Bank (ECB).

As a result of Lisbon, a European System of Central Banks (ESCB) is established, which comprises the ECB and the national central banks. The ECB and central banks of euro member states conduct EU monetary policy.

The primary objective of the ESCB is to maintain price stability. It shall also support the general economic policies of the EU.

The ECB alone shall authorise the issue of the euro, and it shall be independent. It shall be consulted

The interesting-ness of these bodies is relentless: next, we have the Court of Auditors. Bleurgh.

Following Lisbon’s amendment, this Court must be composed of one national of each member state, and its members “shall be completely independent in the performance of their duties, in the Union’s general interest”.

Next, we’re into the sub-heading of “Legal Acts of the Union, Adoption Procedures and Other Provisions”.

First up, unsurprisingly, is Legal Acts of the Union.

According to the Lisbon Treaty, which doesn’t differ too much from the previous set-up, “To exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.”

A regulation is an EU law which has general application. It shall be binding in its entirety and directly applicable in all Member States.

A directive is an EU law which is binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.

A slightly modified definition for a decision is inserted by Lisbon:

A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.

Recommendations and opinion have no binding force.

EU laws shall be adopted either by “ordinary legislative procedure” or by “special legislative procedure”.

The special legislative procedure is described as follows:

In the specific cases provided for by the Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure.

In certain cases, EU laws may be adopted on the initiative of a group of member states and the European Parliament, on recommendation by the ECB or at the request of the Court of Justice.

Moving on, we reach Procedures for the Adoption of Acts and Other Provisions.

Here, the “ordinary legislative procedure” is set out in full by Lisbon’s amendment to an existing article. This procedure is broken down into the following stages: First Reading; Second Reading; Conciliation; Third Reading; Special Provisions.

The First Reading is as follows: The European Parliament communicates its position, in respect of a proposal made by the Commission, to the Council. If the Council approves, the act will be adopted. If it doesn’t approve, it will communicate its position to the Parliament, informing the Parliament fully of its reasons leading to this position, and the position itself.

Second Reading: If, within three months of such communication, the European Parliament approves the Council’s position or does not take action, the act is deemed adopted. Or, if the Parliament rejects by a majority the Council’s position, the act is not adopted. Or, finally, if the Parliament proposes by a majority amendments to the Council’s position, this amended text will be passed to the Commission and the Council which shall deliver an opinion on the amendments.

Then, if within three months of the European Parliament’s amendments, the Council by QMV approves all the amendments, the act is deemed adopted. If, however, the Council by QMV does not approve all the amendments, the President of the Council in agreement with the President of the Parliament, convenes a Conciliation Committee within six weeks.

The Council must act unanimously on the amendments on which the Commission has delivered a negative opinion.

Conciliation: The Conciliation Committee is composed of members of the Council and an equal number of Parliament representatives. Its task is to reach joint agreement on a text, by QMV of the Council members on the Committee and by a majority of its Parliament members. This agreement must be reached within six weeks of the Committee being convened.

Third Reading: If a joint text has been agreed, the European Parliament by a majority, and the Council by QMV, have a further six weeks within which to adopt this text as an act. If they don’t, the act is deemed not to have been adopted. The time periods in this procedure as a whole may be extended at the initiative of the Parliament or the Council.

Special Provisions: In certain circumstances, certain elements of this procedure do not apply.

Next up is an article inserted by Lisbon which allows for the Council and Parliament to “conclude interinstitutional agreements” which may be binding in nature, to facilitate their co-operation with one another.

Another new article, Article 298, states:

1. In carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration.

The next sub-heading is, “The Union’s Advisory Bodies” and its first article is inserted by the Lisbon Treaty. These are the Economic and Social Committee and the Committee of the Regions.

The Economic and Social Committee (ESC) consists of “representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socio-economic, civic, professional and cultural areas”.

The Committee of the Regions consists of “representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly”.

The members of each committee “shall not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the Union’s general interest”.

The nature and composition of the committees shall be regularly reviewed in light of “economic, social and demographic developments” within the EU.

A few semantic amendments are made by Lisbon under the sub-heading “European Investment Bank”.

financial provisions

Here, we find ourselves at snore central. I shall continue to cling to my red wine..

Amendments by Lisbon to this part of the existing EU Treaties related briefly to the establishing of the annual budget of the EU, followed by a few further new paragraphs. They deal, respectively, with authorisation of expenditure, implementation of expenditure, maintaining budgetary discipline, the principle of sound financial management, and countering fraud and illegal activities.

I couldn’t be arsed understanding, or even reading, these any more than that so yizzer on yer own.

Next, we get to the sub-heading of “The Union’s own Resources”. Three new paragraphs are added by Lisbon: one relates to the EU providing itself with necessary means; the second details how the system of own resources of the EU will be provided for in EU law; the third likewise deals with implementation of this system.

Oh dear Christ. The next sub-heading is “The Multiannual Financial Framework”. I think that phrase alone has sucked all the life out of me.

This is all new, according to Lisbon’s amendments, and I am definitely not even going to scan it. You just can’t make me!!

The same goes for the next sub-heading: “The Union’s Annual Budget”. Skip!

There’s also a sub-heading entitled “Common Provisions” and one called “Combatting Fraud”. Forget it. It’s too late, and I’m tired and drunk!

enhanced co-operation

The first amendments made to this section by the Lisbon Treaty is to make clear that where enhanced co-operation is in effect, it must comply with EU Treaties and laws, and must not create any barrier to trade, competition, and all that jazz. The procedures allowing member states to participate in enhanced co-operation in the respective areas are set out in detail.

The rest of this is also incredibly boring and not all that controversial, so I’m moving on. I don’t care anymore!

Feck it, I’m going to tack onto the end of this post the very final part of the Treaty that’s amended by Lisbon: General and Final Provisions.

The amendments allow the EU to be represented in member states, not only by the Commission, but by the other institutions also. There are a few amendments to the conditions and regulations applying to the staff of EU institutions.

That’s it, that’s all I’m doing. The amendments to the TFEU are now officially FINISHED!

I just need to go through the TEU and some of the Protocols affecting Ireland, and we’re done!

Hm.

Now, for something entirely unrelated to Europe: China.

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