So far, all of the Lisbon Treaty posts have been concerned with the amendments made to the TFEU, the Treaty on the Functioning of the European Union. That is the second of the existing EU Treaties which generally provide for how the EU is to be run.

The TEU, the Treaty on European Union, is more broad in its terms than the TFEU, and deals more with the over-arching principles and objectives of the EU, and the EU’s purpose and its reasons for existing. Basically speaking, the TFEU and everything in it must be read and interpreted in light of what’s contained in the TEU.

I’ll go through the amendments made by Lisbon to the TEU, followed by a few of the Protocols attached to the Lisbon Treaty that may be of interest.

(To be very honest, it worth reading the TEU as it is amended by Lisbon in full and, if you can, the Protocols to the Lisbon Treaty. The TEU is not a very long document, and it’s generally quite readable. The Protocols that are relevant to Ireland or which may be of interest; most are very brief, and all are fairly understandable.)

So, first: amendments to the TEU.

The parts of the TEU are broken down into:

• Common Provisions
• Provisions on Democratic Principles
• Provisions on the Institutions
• Provisions on Enhanced Cooperation
• General Provisions on the Union’s External Action and Specific Provisions on the Common Foreign and Security Policy
• Final Provisions

The first amendment to the TEU is to add a new paragraph to the preamble:

DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law

The next amendment re-states the fact that the EU is based on both of these Treaties, and states that the “European Union” replaces and succeeds the “European Community”.

common provisions

A new article is included into the TEU, which states:

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Further amendments state the EU’s aim as being “to promote peace, its values and the well-being of its peoples”. An area of freedom, security and justice is established, with the accompanying freedom of movement of persons and immigration and asylum objectives to be attained.

The internal market is established (again, if you will!), and in doing so the EU is committed – among other things – to combating social exclusion and discrimination, and to promoting social justice and protection, “equality between men and women, solidarity between generations and protection of the rights of the child”.

The common monetary union is established, whose currency is the euro.

5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.

Competences not conferred on the EU remain with the member states.

2. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.

In the next article inserted by Lisbon, the following important statements are made clear:

1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.

2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.

3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.

4. Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.

That’s a fair amount of text to read through, but it confirms the distinctive roles, resonsibilities and capacities applicable to the EU and its member states, respectively.

Some discussion may have been going to and fro in the debate around the Lisbon Treaty and the effect of the Charter of Fundamental Rights if Lisbon is passed in Ireland’s referendum. The next article introduced by the Lisbon Treaty is quite clear:

1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on
12 December 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.

The EU “accedes” to the European Convention on Human Rights as a result of Lisbon, and again it is stated that this accession “does not extend in any way the competences of the Union as defined in the Treaties”.

The Lisbon Treaty amendments also commit the EU to ” develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation”.

provisions on democratic principles

Lisbon adds a series of new articles to this section. The first one states:

In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship and shall not replace it.

The next article sets out the provisions on representation in and election to the European Parliament. Among others, a commitment is made that the EU institutions “shall maintain an open, transparent and regular dialogue with representative associations and civil society”.

The much-mentioned “citizens’ initiative” is established in the following terms:

4. Not less than one million citizens who are nationals of a significant number of
Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.

The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first paragraph of Article 21 of the Treaty on the Functioning of the European Union.

The role of national parliaments in actively contributing to the good functioning of the EU is acknowledged, with a list of those activities included.

provisions on the institutions

This entire section is replaced by new wording inserted by the Lisbon treaty.

The EU institutions are listed, and their functions and limits broadly outlined, with a reference to the detail of the TFEU included. The functions of the institutions are elaborated in the amended TEU, and they are worth reading in full. I’ll just include the first paragraph concerning some of the institutions, below.

The European Parliament is fleshed out first, with the initial provision stating:

1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.

The European Council (heads of state of the member states) is next, and its functions are outlined in the following terms:

1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.

Then we have the Council (ministers from member states):

1. The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Treaties.

After that, we have the Commission:

1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union’s external representation. It shall initiate the Union’s annualinterinstitutional agreements.

Also, just to clarify the issue about “our” Commissioner and all that nonsense, the amended TEU states (and this does not differ substantially from the existing rules for Commissioners):

The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.

In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 18(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.

Provisions on Enhanced Cooperation

Enhanced co-operation is like an optional extra: Member states “which wish” to establish enhanced co-operation between themselves can do so, within certain limitations and under certain conditions.

General Provisions on the Union’s External Action and Specific Provisions on the Common Foreign and Security Policy

Under the first sub-heading, “General Provisions on the Unions External Action“, the principles guiding the EU shall guide this policy: “democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the UN Charter and international law”.

The articles under the second sub-heading, “Specific Provisions on the Common Foreign and Security Policy“, have been the source of some controversy.

The same principles mentioned applying to External Action apply to this area. A European External Action Service is (EAS) established to assist the High Representative. The EAS “shall work in cooperation with the diplomatic services of the Member States”, and its organisation and functioning shall be determined by the Council.

Here come the controversial bits: provisions on the common security and defence policy. Such a policy will be “integral” to the EU’s foreign and security policy. The EU must act in accordance with the UN Charter. A common defence is proposed, if the EU heads of state in the European Council unanimously agree. This agreed proposal may only be adopted “in accordance with the constitutional requirements” of the member states. This means Ireland would require a referendum. Moreover, this common security and defence policy “shall not prejudice the specific character of the security and defence policy of certain Member States”.

Member states are required to “make civilian and military capabilities available” to the EU, and they are required to “undertake progressively to improve their military capabilities”.

Another provision states:

If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.

There is also an option for “Member States which wish” to participate in “the permanent structured cooperation”. This option is available to “Member States whose military capabilities fulfill a higher criteria and whcih have made more binding commitments to one another in this area with a view to the most demanding missions”. Member States may join at a later stage, or those which are participating may withdraw.

Final Provisions

This section seems also to have prompted some controversy. I presume, at least: this may be the section to which some people refer when they describe the Lisbon Treaty as “self-amending”, but that is incorrect.

This section provides two revision procedures in relation to the EU Treaties (TEU and TFEU): “Ordinary revision procedure” and “simplified revision procedure”.

Each of these, in different ways, allow proposals to amend the Treaties to be made by a national government, the European Parliament or the Commission. Each procedure goes through a number of steps, but each step requires member states to ratify the proposals “in accordance with their respective constitutional requirements”. In Ireland, that means a referendum is required.

That’s the end of the first EU Treaty, the Treaty on European Union. Hooray!

Finally, we take note of some of the Protocols to the Lisbon Treaty which may be of interest:

The first Protocol “On the Role of National Parliaments in the European Union” sets out the ways in which the various EU proposals and laws must, if Lisbon is ratified, be forwarded to the parliaments of the EU member states. The procedures for the parliaments to send to the European Parliament, the Council and the Commission its “reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity” (see the TEU, above, and Protocol No. 2) and the consequent actions to be taken are also set out.

“Interparliamentary cooperation” is also permitted under this protocol, between the European Parliament and the national parliaments.

Protocol 20 recognises the “special travel arrangements” between the UK and Ireland, in the context of freedom of movement of persons within the EU. The Protocol states that the UK and Ireland may exercise controls over persons entering their respective territories. Nothing in the EU Treaties “shall prejudice the right of the United Kingdom or Ireland to adopt or exercise any such controls”. The UK and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (“the Common Travel Area”).

Protocol 21 states that, unless they want to, “the United Kingdom and Ireland shall not take part in the adoption by the Council of proposed measures” pursuant to the area of freedom, security and justice. Nothing “shall be binding upon or applicable in the United Kingdom or Ireland” nor “in any way affect the competences, rights and obligations of those States”.

Protocol 35 deals with Article 40.3.3 of the Irish consitiution (the right to life of the unborn, etc.). It states nothing – at all – shall affect the application in Ireland of Article 40.3.3 of the Constitution of Ireland. (This protocol existed prior to the agreed “guarantees” after the Lisbon Treaty was rejected at the last referendum, and continues to exist.)

And I’m done. Finished! Finito! Críochnaithe!!

Personally, regardless of tomorrow’s outcome, I never want to see, read or hear about the Lisbon Treaty ever again. I’ve formed my own views on it, but aside from what they may be, I hate it! It and it’s Consolidated Treaties cousin! (I think I need to have a lie down.) Oh, the papercuts I’ve endured over the past few weeks..

I hope it’s all been worth it, and that in some way, this series of articles may have helped inform you as a voter. G’luck tomorrow, whatever your inclination!

Related posts:

1. The Lisbon Treaty: Non-discrimination and citizenship
2. The Lisbon Treaty: Final aspects of amendments to TFEU
3. The Lisbon Treaty: External Action by the Union

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.

Related posts:

1. The Lisbon Treaty: Non-discrimination and citizenship
2. The Lisbon Treaty: Amendments to the TEU; selected Protocols
3. The Lisbon Treaty: Union Policy and.. Ugh, this is never-ending!

Thanks be to feck I never have to read any more jargon about the fecking Union Policy and Internal market.. This time, thankfully, we turn to External Action by the Union (Part Five of the TFEU).

Although, Lisbon’s amendments inserts a whole great big part into the extisting Treaties entitled “External Action by the Union”, comprising seven sections with several sub-headings, so I’m beginning to doubt the appeal of this new topic. Regardless, the struggle continues..!

We shall be mostly concerned with:

• General Provisions on the Union’s External Action
• Common Commercial Policy
• Co-operation with Third Countries and Humanitarian Aid
• Restrictive Measures
• International Agreements
• The Union’s Relations with International Organisations and Third Countries and Union Delegations
• Solidarity Clause

Let us begin:

general provisions on the union’s external action

The guiding principles of the EU’s action on the international scene shall be guided by the provisions of the Treaty on European Union, Title V, Chapter I. (More of which, later.)

These provisions include:

Article 21

1. The Union’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations and international law.

common commercial policy

First article in this section states:

By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and of foreign direct investment, and the lowering of customs and other barriers.

The next article states that this policy will be based on uniform principles. The areas involved include tariffs and trade agreements, the commercial aspects of intellectual property, foreign direct investment, liberalisation measures and export policy.

The European Parliament and Council shall jointly adopt regulations to define a framework for implementation of the common commercial policy.

The Commission can recommend opening negotiations concerning international agreements, but authorisation comes from the Council (our government representatives in the EU). The Commission conducts such negotiations with the assistance of a committee appointed by the Council. In conducting such negotiations, the Commission must report regularly to this committee and to the European Parliament.

Generally, the Council acts by qualified majority voting in relation to the negotiating and conclusion of such international agreements. The exceptions are in the fields of: trade in services; the commercial aspects of intellectual property; direct foreign investment; trade in cultural and audiovisual services, if the EU’s cultural and linguistic diversity would be at risk or being prejudiced; and trade in social, education and health services, if there is a risk of “seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them”. In each of these listed fields, the Council must act unanimously.

A final stipulation in this article clarifies that the exercises of the above-mentioned competences “shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States”.

co-operation with third countries and humanitarian aid

The first sub-heading in this chapter is “Development Cooperation.” Under Article 208, the same general principles apply to this area, and the EU’s “development cooperation policy and that of the Member States complement and reinforce each other”.

The primary objective of this policy is “the reduction and, in the long term, the eradication of poverty”. An existing provision is included which states, “The Union and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.”

The next article deals with implementing this development co-operation policy, which shall be done by the European Parliament and the Council jointly adopting necessary measures. The EU “may conclude with third countries and competent international organisations any agreement” helping to achieve specific objectives contained in the Treaties (Article 21 of the TEU and Article 208 of the TFEU). This does not prejudice member states of the EU negotiating with international bodies and concluding agreements.

The remaining articles in this section are existing provisions of the EU Treaties, which are inserted here.

Next sub-heading: “Economic, Financial and Technical Cooperation with Third Countries”. The first article here already exists, although Lisbon replaces its first two paragraphs: Without prejudice to other parts of the Treaties, the EU may now carry out such co-operation with third countries “other than developing countries”. Implementation shall be by the European Parliament and the Council jointly adopting necessary measures.

The second and last article under this heading, Article 213, is inserted by Lisbon and states that, “When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.”

The next sub-heading, “Humanitarian Aid”, comprises a new article inserted by the Lisbon Treaty. It sets out the principles and objectives of the EU in the field of humanitarian aid. Such operations “shall be intended to provide ad hoc assistance and relief and protection for people in third countries who are victims of man-made disasters”.

Operations shall be conducted in accordance with international law, and with the principles of impartiality, neutrality and non-discrimination. The European Parliament and the Council shall jointly establish measures to define the framework for implementation.

The EU may conclude international agreements to help achieve the objectives of this article and Article 21 of the TEU. Again, member states’ competence to negotiate and conclude their own international agreements is not prejudiced.

A European Voluntary Humanitarian Aid Corps shall be set up, to encourage contributions from young Europeans. The rules and procedures of the Corps shall be set out by regulations adopted jointly by the European Parliament and the Council.

Initiatives to promote co-ordinations may be taken by the Commission, to enhance efficiency and complimentarity of EU and national humanitarian measures.

EU humanitarian aid operations must be consistent with those of international bodies, in particular those of the United Nations.

restrictive measures

The sole article in this section is an existing article of the Treaties, which sets out the conditions where the EU may interrupt or reduce, in part or completely, economic and financial relations with one or more third countries.

international agreements

A new article is inserted by Lisbon into this section, and allows the EU to conclude international agreements, as permitted by the Treaties. Agreements concluded by the EU are binding upon the EU institutions and on the member states.

The second and last article is an existing one of the Treaties, which states, “The Union may conclude with one or more third countries or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure.” Whatever that means.

Oh I see: reading on, the next two articles are also existing provisions of the EU Treaties. One change, however, is to insert a new paragraph allowing the Council under certain conditions to conclude formal agreements on an exchange-rate system for the euro in relation to the currencies of third States.

the union’s relations with international organisations and third countries and union delegations

Second-last section in this part (yay!): The first article is an existing article, and a new article is added in by Lisbon to allow EU delegations to represent the EU at international organisations and in third countries. Those delegations are under the authority of the newly-created High Representative of the Union for Foreign Affairs and Security Policy, and they “shall act in close cooperation with Member States’ diplomatic and consular missions”.

Done!

solidarity clause

This provides the requirement of the EU and its member states to “act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster”. Let’s call this group of calamities “a TNM”.

In addition:

The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States to:

(a) – prevent the terrorist threat in the territory of the Member States;
- protect democratic institutions and the civilian population from any terrorist attack;
- assist a Member State in its territory, at the request of the political authorities, in the event of a terrorist attack;

(b) assist a Member State in its territory, at the request of the political authorities, in the event of a natural or man-made disaster

If a member state experiences a TNM, the other member states of the EU shall assist it at the request of the political authorities, and co-ordination shall take place through meetings of the Council (where national government representatives meet).

The arrangements for the implementation of the solidarity clause are set out, and the European Council (the heads of state of each EU nation) “shall regularly assess the threats facing the Union” to facilitate effective action.

Finito like a burrito!

Next up, Part Six: The Institutions and Financial Provisions.

Related posts:

1. The Lisbon Treaty: Union Policy and.. Ugh, this is never-ending!
2. The Lisbon Treaty: Non-discrimination and citizenship
3. The Lisbon Treaty: Union Policy and Internal Actions (Part 2)

In this post, we learn about:

• Trans-European networks
• Industry
• Economic, social and territorial cohesion
• Research and technological development and space
• Environment
• Energy
• Tourism
• Civil protection
• Administrative cooperation

And that’ll be the end of the part of the Treaties entitled, “Union Policies and Internal Actions”!! By way of celebration, I’m also going to schtick in a the end of this here post the next part of the Treaties, dealing with the:

• Association of the Overseas Countries and Territories

Betchya can’t wait!

Trans-European networks

Oh wait, this bit isn’t amended by the Lisbon Treaty. I may just cry with delight.

Industry

In the context of the existing provisions of the TFEU dealing with industry and open and competitive markets, the Lisbon Treaty adds an amendment to Article 173 allowing the Commission to also establish “initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”

Lisbon also includes a proviso ruling out any harmonisation of Member States’ laws and regulations, in relation to the existing paragraph related to achieving the objectives of this article.

Sin é.

Economic, social and territorial cohesion

The first amendment to this section is to give it said title. Then, the first article in the section is amended to include reflect this.

An extra paragraph is added to the section, which states, in relation to strengthening economic, social and territorial cohesion and reducing disparities between the levels of development of the regions within the EU and member states:

Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions.

Research and technological development and space

“And space” is added to the title and provisions of this section by the Lisbon Treaty. A new first paragraph to the first article of this section is added setting out the EU’s objective of “strengthening its scientific and technological bases by achieving a European research area”. Cross-border co-operation among research is permitted by a further amendment to the same article.

There’s that phrase again: the Lisbon Treaty adds an amendment to Article 181 allowing the Commission, in close co-operation with the member state, to also establish “initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”

Tacked on to the next article is a new paragraph allows the European Parliament and the Council to jointly adopt measures to implement the European research area.

A brand new article is inserted by Lisbon to do with space (pay attention, Trekkies). The article allows a European space policy to be drawn up by the EU, and measures may be adopted jointly by the European Parliament and the Council in order to achieve that objective. The EU is permitted to establish relations with the European Space Agency, as appropriate.

Environment

(Pay attention, hippies.) A new objective in the EU policy on the environment is inserted by Lisbon into the first existing article in this section: “promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change”.

A new paragraph is added to Article 175, allowing the Council, “acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee for the Regions”, may make ordinary law-making procedures applicable to the existing provisions (which currently are dealt with under the “special legislative procedure”, more of which anon..).

Energy

As amended by Lisbon, this section comprises one article, the first part of which establishes the aim of the EU and Member States to: ensure the functioning of the energy market; ensure the security of energy supply in the EU; promote energy efficiency and energy saving and the development of new and renewable forms of energy; and promote the interconnection of energy networks.

Measures to achieve this aim may be established jointly by the European Parliament and the Council. Such measures “shall not affect a Member State’s right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply”. A special procedure shall apply, however, where the measures are of a fiscal nature.

Tourism

Similarly, this section consists of one article, all of which is inserted by the Lisbon Treaty. It states that the EU shall have a complementary role in the tourism sector. The European Parliament and Council shall jointly establish specific measures in this respect, excluding any harmonisation of member states’ laws and regulations.

Civil protection

Again, one article, under Lisbon: This provision seeks to encourage co-operation between member states in relation to natural or man-made disasters. The EU’s role will be to: support and complement member states in civil protection; promote swift, effective operational cooperation between national agencies; promote consistency.

The European Parliament and Council shall jointly establish measures in this respect, excluding any harmonisation of member states’ laws and regulations.

Administrative cooperation

Ditto: This one article is introduced by Lisbon, and it firstly states that it is a matter of common interest to have effective implementation of EU law by member states. Fairly standard stuff.

The EU is also permitted to “support the efforts of Member States to improve their administrative capacity to implement Union law”. The European Parliament and Council shall jointly establish the necessary measures in this respect by way of regulations, excluding any harmonisation of member states’ laws and regulations.

Praise Dolly! That’s all there is to the “Union Policies and Internal Actions” part of the Treaties. Good riddance.

Moving on to the next part:

Association of the Overseas Countries and Territories

Minor procedural changes and updates are made to this part of the existing Treaties by the Lisbon amendments.

And that’s all, folks! (Get in, my son..)

Stay tuned for Part Five of the Treaties: External Action by the Union. Ooooh..!

Related posts:

1. The Lisbon Treaty: Non-discrimination and citizenship
2. The Lisbon Treaty: Union Policy and Internal Actions (Part 2)
3. The Lisbon Treaty: External Action by the Union

This part of the existing Treaties just goes on and on and on.. Given this fact, and the fact that the vote is mere days away, I’ve decided to try to avoid the riveting line-by-line approach to the Lisbon Treaty’s amendments, and opt instead for summarising.

(Let’s all heave a sigh of relief..)

In this post, we learn about:

• Transport
• Common rules on competition, taxation and approximation of laws
• Economic and monetary policy
• Employment
• Social policy
• The European social fund
• Education, vocational training, youth and sport
• Culture
• Public health
• Consumer protection

Onwards and upwards, engaged citizens..!

transport

This section deals with international transport within the EU, transport safety, and so on. Lisbon inserts an amendment to say that , where the laws in this area are applied, it shall be taken into account situations were such application of laws “might seriously affect the standard of living and level of employment in certain regions, and the operation of transport facilities”.

In addition, Lisbon amendments allow the European Parliament to be adopt other measures in relation to the above-mentioned; and allow the European Parliament to be consulted where rules for implementing the above-mentioned measures.

There is also an amendment to the existing article dealing with the existing situation in Germany which has resulted from its division into East and West during the Cold War. The amendment allows for the repeal of this article five years after the entry into force of the Lisbon Treaty (if that is the case for the Treaty, of course!).

Finally, Lisbon allows the European Parliament and the Council in certain circumstances to jointly lay down provisions for sea and air transport.

common rules on competition, taxation and approximation of laws

Boring topics alert!

These sections as they already exist comprise a sizeable chunk of the TFEU. Thankfully, the amendments introduced by Lisbon aren’t quite so huge. I may just be able to get through this, and explain it in human language! Let’s see how I get on..

Under the sub-heading, “Aids Granted by States”, a Lisbon amends Article 108 to allow the Commission to adopt regulations exempting certain categories of state aid in respect of the provisions of that Article.

A mini amendment inserts “and to avoid distortion of competition” into to Article 113 concerned with adopting EU laws designed to ensure the functioning of the internal market. This is under the sub-heading, “Tax Provisions”.

Under the sub-heading, “Approximation of Laws”, a couple of technical amendments are made to Article 114, to state exactly what EU institution(s) may have adopted a “harmonisation measure” (in respect of which a member state may have concerns about in relation to their “major needs” and/or the environment, respectively). Three similar-type amendments are made under this sub-heading.

A new Article 118 is introduced by Lisbon to allow for the adoption of EU measures for the creation of Eureopean intellectual property rights to provide uniform protection.

economic and monetary policy

Boring topics alert (no. 2)!

Here’s a disclaimer from me: I have no enthusiasm or expertise on these topics, which I really regard as an antidote to insomnia. Nevertheless, let us plough on!

Lisbon inserts an already existing article as re-numbered Article 119, which is updated slightly to reflect the current set-up of the EU and existence of the euro currency. The article deals with the close co-ordination of member states’ economic policies, the single currency (€) and guiding principles to be followed by member states.

The Lisbon Treaty amends Article 121 to allow the Commission to issue warnings to a member state or, via the Council, to issue recommendations, where that member state’s economic policies are not in line with existing guidelines on economic and monetary union, or if the policies risk jeopardising that union.

In relation to the supply of certain products, especially energy, Lisbon inserts a new paragraph into Article 100, which allows the Council to decide, “in a spirit of solidarity between Member States, upon the measures appropriate to the economic situation, in particular if severe difficulties arise”.

Article 125 is amended by Lisbon to insert a new paragraph allowing for the Council to specify definitions applying to existing prohibitions concerning financial arrangements and EU or national, regional or local entities.

The next article deals with excessive deficit procedures, and its fifth paragraph amended to allow the Commission to address an opinion to a member state, where an excessive deficit in a member state exists or may occur. The seventh paragraph is amended to allow the Council, where it decides that an excessive deficit exists, to adopt “recommendations addressed to the member state concerned, with a view to bringing that situation to an end within a given period”.

A new thirteenth paragraph is inserted by Lisbon to set out how the Council will take the decisions or recommendations set down in this article.

In the next sub-heading, “Monetary Policy”, a new sixth paragraph is inserted into Article 127 to allow the Council, under certain conditions, to “confer specific tasks upon the European Central Bank (ECB) concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings”.

Lisbon amends Article 129 to allow the European Parliament and the Council, in conjunction with the ECB and the Commission, to amend certain parts of the statute which establishes the European System of Central Banks and the ECB.

Concerning measures relating to the use of the euro, a new Article 133 is inserted into the TFEU allowing the European Parliament and the Council, in consultation with the ECB, to jointly “lay down measures necessary for the use of the euro as the single currency”.

Three new articles are inserted by Lisbon under the sub-heading “Provisions Specific to Member States whose Currency is the Euro”. The first allows the Council to adopt measures in relation to budgetary discipline and economic policy guidelines and stipulates that only Member States in the Council whose currency is euro participate in the vote, and that the voting is by qualified majority (see Article 205(3)(a)).

The next makes reference to arranging meetings between euro Member States, and the third new paragraph deals with “the euro’s place in the international monetary system”.

Under the sub-heading, “Transitional Provisions” dealing with member states with a derogation, Lisbon inserts a new Article 139. This sets out the provisions of the EU Treaties (the TEU and the TFEU) which do not apply to such member states.

Existing provisions of the Treaties are inserted together by the Lisbon Treaty to form new Article 140, with some additional amendments to the existing texts to reflect the up-to-date situation of the EU and its institutions. Likewise, existing provisions are inserted together by Lisbon to form Articles 141 and 142, respectively.

employment

Finally, something comprehensible! One hopes..

Oh. Six words are deleted from this section. Seven, if you count an article’s number to be a word. For those who are curious, reference to Article 2 of the TFEU is removed from this article (and reference to Article 3 of the TEU remains).

Moving along swiftly..

social policy

A new Article 152 is inserted into the TFEU, which states:

The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.

The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.

The next article is amended to now include the European Parliament’s involvement, together with the Council, in adopting EU laws in this area. Council unanimity is required (effectively giving member states a veto) in relation to decisions that it may make in relation to this same area.

With the amendment made by the Lisbon Treaty, the European Parliament must now be informed of agreements reached concerning management and labour.

Lisbon also adds to the existing provisions dealing with co-operation and co-ordination in social policy, by allowing the Commission to also establish “initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”

the european social fund

This section is amended by being given the title, “European Social Fund”. Hm. Also the word “decisions” in the final article of this section is now replaced by the word “regulations”.

Next!

education, vocational training, youth and sport

The words “Youth and Sport” are added by Lisbon to the title of this section.

To Article 165, Lisbon inserts a new paragraph which commits the EU to promote European sporting issues, taking into account the voluntary, social and educational functions of sport.

The Lisbon Treaty also adds into this article the commitment to encourage “the participation of young people in democratic life in Europe”. Added, too, is a commitment to develop the European dimension in sport “by promoting fairness and openness in sporting competitions” and co-operation between sports bodies, “and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen”.

culture

This section comprises one article, and a few amendments are made to its fifth paragraph by Lisbon to update this section and to delete three phrases.

It’s creativity is inspirational. But in all seriosity, the amendments mean that the European Parliament is now involved in law-making in this area, and removes the requirement for unanimity in the Council.

public health

This section (topical these days, oink-oink) is amended by Lisbon to allow for “monitoring, early warning of and combating serious cross-border threats to health” and to encourage co-operation “to improve the complimentarity of their health services in cross-border areas”.

The Lisbon Treaty’s amendments allows the Commission to establish “initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”

Three further provisions are added to this section by Lisbon. One, is to meet “common safety concerns” by adopting “measures setting high standards of quality and safety for medicinal products and devices for medical use.”

The second is to allow the European Parliament and the Council, under a consultative process, to jointly “adopt incentive measures designed to protect and improve human health and in particular to combat the major cross-border health scourges, measures concerning monitoring, early warning of and combating serious cross-border threats to health, and measures which have as their direct objective the protection of public health regarding tobacco and the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States.”

Thirdly, then, Lisbon requires the EU to “respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care.” Lisbon stipulates that the donation or medical use of organs and blood is not affected by the existing provisions of the TFEU.

consumer protection

Last section – hoo-ha!

Erm, the existing provisions are re-numbered by the Lisbon Treaty. That’s a bit of a damp squib..

Related posts:

1. The Lisbon Treaty: Union Policy and.. Ugh, this is never-ending!
2. The Lisbon Treaty: Non-discrimination and citizenship
3. The Lisbon Treaty: Union policies and internal actions

Quite the snappy title, eh? Anyway, you’ll be happy to know that the section of the existing EU treaties entitled “Union policies and internal actions” is so long, that it won’t all be dealt with in this post. And this post will a wee bit lengthy as it is. Oh, the joy.. So, hold on to your hats!

In this section, we’ll be dealing with:

• the internal market;
• free movement of goods;
• agriculture and fisheries;
• free movement of persons, services and capital; and
• the area of freedom, security and justice.

Why, it all sounds just so riveting..!

(Don’t forget that the Lisbon Treaty amends the existing EU treaties, which are the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). So, again, I’ll be discussing the amendments made by Lisbon in that context. Currently, the focus is on the amendments to the TFEU.)

Away we go!

the internal market

An existing article on the internal market is inserted by the Lisbon Treaty at this stage (newly numbered Article 26), and Lisbon replaces the first paragraph of that article to read:

1. The Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market, in accordance with the provisions of the Treaties.

The subsequent existing article is inserted next (now called Article 27), and it deals with taking into account differences in economic developments among the EU’s member states when seeking to achieve the objectives of Article 26 (the internal market). Lisbon Amends the text of Article 27 is amended by Lisbon by replacing the words “during the period of establishment” with “for the establishment”. The effect of the amendment is to take account of the fact that the internal market now exists. ‘Tis only semantics.

free movement of goods

The next article is semantics, too, with “shall be based upon” being replaced by “shall comprise”. The article deals with a customs union being a component of the EU, in order to facilitate the free movement of goods.

A sub-heading in this section is inserted by Lisbon, entitled “Customs Cooperation“. Lisbon also inserts into that sub-heading an existing article on strengthening customs cooperation between EU member states. (There’s just the one article under this sub-heading).

agriculture and fisheries

We skip along past several articles which remain unchanged by Lisbon until we get to this section. The first change made by Lisbon is that fisheries is now included in this section, which originally was only dealing with agriculture. An amendment is made to the first article in this section to reflect this, stipulating that the terms “agricultural policy” or “agriculture” are to be taken to include fisheries.

Another semantic change is made, to reflect that the internal market now exists (when dealing with agricultural products).

Skipping past several more unchanged articles, we reach the newly numbered Article 42, which again is actually an already existing article. This paragraph states that certain rules on competition only apply to agricultural products a certain extent. A couple of small but significant amendments are made by Lisbon. One is that the first paragraph states that the European Parliament and the Council determine to what extent the competition rules apply, as opposed to previously when only the Council decided. The second amendment states that where in certain circumstances aid may be granted, the Commission will make a proposal and the Council may then authorise granting of that aid.

The next article is amended by Lisbon, first of all to show that the EU as it now is, does in fact exist as it now is. Secondly, it is amended by adding two new paragraphs to the article. The first new paragraph allows for “the common organisation of agricultural markets” and any other measures needed to pursue the objectives of the common agricultural and fisheries policies. This can only be done by the European Parliament and the Council, and this is only after consulting with the Economic and Social Committee. The second new paragraph states:

3. The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aid and quantative limitations and on the fixing and allocation of fishing opportunities.

free movement of persons, services and capital

The first part of this section is given the sub-heading, “Workers“, and the final article under this sub-heading is amended by Lisbon. The first amendment changes the wording “migrant workers and their dependents” to “employed and self-employed migrant workers and their dependents”, in respect of passing EU laws on social security and the freedom of movement of workers.

A new paragraph is then inserted which allows a member state who has concerns about any draft law in relation to social security in their territory to refer the matter to the European Council.

The next sub-heading in this section is “Freedom of Establishment“, which basically means EU citizens have the freedom to set up a business anywhere in the EU. A couple of small amendments are made by Lisbon to a couple of articles in this sub-heading. The first amendments includes the European Parliament in duties to be carried out in relation to freedom of establishment (where previously it was only the Council and the Commission).

The next amendment by Lisbon allows the European Parliament and the Council to jointly adopt laws to state that the rules contained in this sub-heading do not apply to certain activities (whereas previously it was the Council alone which could do this).

Skipping a couple of articles ahead, to an article concerned with passing EU laws to allow for the mutual recognition of educational qualifications in order to make it easier “to take up and pursue activities as self-employed persons”. Lisbon adds that the EU laws can also coordinate the rules within EU member states concerning the taking up and pursuit of activities as self-employed persons.

A couple of articles on again, and Lisbon inserts another already existing article (now called Article 55) which requires non-discrimination by member states of nationals from other member states in relation to “participation in the capital of companies or firms”.

Next sub-heading! This time it’s “Services“. The updating semantic count is up, with Lisbon replacing the phrase “State of the Community” with “Member State” in an existing article. After that, the same article is amended by Lisbon to allow the European Parliament and the Council to jointly adopt laws to allow individuals who are nationals of non-EU countries “who provide services and who are established within the Union” to benefit from the rules of this sub-heading (whereas previously it was the Council alone which could do this).

Next is another semantic update to replace the out-dated “the State” with “the Member State”.

The next article to be amended deals with the liberalisation of services (now numbered Article 59). The article as amended by Lisbon now provides that EU laws aimed at the liberalisation of “a specific service” can now be jointly passed by the European Parliament and the Council, and only after consulting the Economic and Social Committee. Previously, such laws were passed by the Council upon a proposal from the Commission, and after consultation with the Economic Social Committee and the European Parliament.

The next sub-heading is “Capital and Payments“. Wake up, down the back.

First on the list here to be amended by Lisbon is the third article under this sub-heading. This existing article concerns movement of capital into our out of the EU. The amendment by Lisbon affects “the movement of capital to or from third countries involving direct investment – including investment in real estate – establishment, the provision of financial services or the admission of securities to capital markets.” What the amendment does is it allows the European Parliament and Council to jointly adopt laws on that yawn-fest in quotation marks (whereas previously the Commission proposed and the Council adopted those measures).

The next article has a new extra paragraph added by Lisbon. As the Treaties already exist, it may be possible in limited circumstances for EU law to be regressed in relation to liberalisation of movement of capital to or from third countries. The new paragraph effectively says that if such measures aren’t in place and a member state has restrictive tax laws in relation to a non-EU country or countries, the member state’s tax laws are deemed compatible with the EU Treaties insofar as they are justified by an EU objective and they don’t interfere with the internal market. In such a situation, the Council acts unanimously on an application by such a member state.

the area of freedom, security and justice (AFSJ)

This is where the fun starts. In this section, the Lisbon Treaty inserts a whole new series of sub-headings and articles. The joy that this brings is that I get to summarise it all, and you (if you are that way inclined) get to read all of what I type. (I think I need more wine..)

[The irony is that I lost my original version of this section by accidentally using the keyboard shortcut to refresh the page, rather than open a new tab. So, in fact, nobody gets to read what I had typed at all. Thankfully, quaffable wine, chocolate and my supportive girlfriend helped me dust myself down and get on back to this thankless task!]

Once more, into the breech..

The Lisbon Treaty inserts a new sub-heading, “General Provisions”.

The first article inserted by Lisbon states:

1. The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems of the Member States.

Next, the article requires the EU to ensure the absence of internal border controls, and commits the EU “to frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals”. That is, people from outside of the EU. Stateless persons are to be treated as third-country nationals.

After this, the EU must ensure a high level of security by combating crime, racism and xenophobia, by police and judicial co-operation, as well as through mutual recognition of criminal judgements “and, if necessary, through an approximation of criminal laws”.

The EU is committed to facilitating access to justice, in particular through mutual recognition of judgements in civil (non-criminal) matters.

In the next article, the European Council (i.e. heads of state and government) “shall define the strategic guidelines” for laws and operational planning within the AFSJ.

The article after that states that the national parliaments of member states shall ensure that proposals and draft laws in relation to “Judicial Cooperation in Criminal Matters” and “Police Cooperation” (see below) comply with “the principle of subsidiarity”.

[In other words, they must comply with the idea that regional, national and local considerations are taken into account and that the EU shall act only insofar as the objective of the proposal cannot be sufficiently achieved by the member state(s). (See Article 5 of the TEU and Protocol No.2 on the Application of the Principles of Subsidiarity and Proportionality).]

The next article states that the Council may adopt measures, on the proposal of the European Commission, in respect of evaluating the implementation of the policies in this section by a member state’s authorities.

The article after this establishes a committee within the Council to ensure that co-operation on EU security is promoted and strengthened.

Following this, newly numbered Article 72 makes clear that member states retain the responsibility to maintain law and order.

Article 73 allows for member states to work together as may be appropriate for safeguarding national security.

Next: The Council shall adopt measures to ensure administrative co-operation between member states, and between member states and the Commission.

Nearly there: Where necessary to achieve the objective of the area of freedom, security and justice, the European Parliament and the Council may jointly pass laws aimed at the financial aspects of terrorism.

Last article in this section (hooray!): The administrative co-operation measures (mentioned above) and acts related to “Judicial Cooperation in Criminal Matters” and “Police Cooperation” shall be adopted “on a proposal from the Commission” or “on the initiative of a quarter of the Member States”.

On to the next sub-heading: “Policies on Border Checks, Asylum and Immigration”.

The first article under this sub-heading, Article 77, requires the EU to develop a policy to ensure the absence of any border controls within the EU; to carry out checks on persons and monitor crossings of external EU borders; and to ensure the gradual introduction of an integrated management system for external borders.

To this end, the European Parliament and Council shall adopt measures concerning: the common policy on visas and other short-stay permits; the conditions under which non-EU nationals shall have the freedom to travel within the EU for a short period; and the items listed in the paragraph above.

If necessary and appropriate, the Council may adopt rules concerning passports, identity cards, residence permits or any other such document. This shall be done unanimously after consulting the European Parliament.

The competence [oh, how I’ve missed that word..] of member states to demarcate their borders is not affected by this article.

Next article: This deals with developing a common EU policy on asylum, subsidiary protection (SP) and temporary protection, in accordance with international law.

To this end, the European Parliament and the Council may jointly adopt rules for a common asylum system, comprising: a uniform EU status of asylum; a uniform EU status of SP, where needed; a common system of temporary protection for displaced persons in the event of a massive inflow; common procedures for the granting and withdrawing of uniform asylum or SP status; procedures for determining which member state is responsible for considering applications for asylum/SP; accommodation standards for asylum or SP applicants; partnership and co-operation with non-EU countries in order to manage inflows of people applying for asylum or SP.

If one or more member states face “an emergency situation characterised by a sudden inflow of nationals of third countries”, the Council, on a proposal from the Commission, may adopt provisional measures for those member states, after consulting with the European Parliament.

Re-numbered Article 79 requires the EU to develop a common immigration policy aimed at management of migration flows, fair treatment of legally-resident non-EU nationals, and tackling illegal immigration and human trafficking.

To this end, the European Parliament and Council shall jointly adopt rules in relation to: conditions of entry and residence and standardising how member states issue long-term visas and residence permits, including those relating to family re-unification; the definition of the rights of non-EU nationals legally resident in a member state, including freedom of movement; illegal immigration, removal and repatriation; combating trafficking in persons, in particular women and children.

The EU may conclude agreements with non-EU countries for the return of the latter’s nationals.

The European Parliament and Council may jointly establish measures to support integration of non-EU nationals in member states, excluding any harmonisation of laws.

This article, Article 79, does not affect the right of member states to determine the volumes of admission of non-EU nationals travelling from non-EU countries to their territory to seek work, whether employed or self-employed.

Article 80! (I feel like I’m at a game of darts.) This states:

The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.

Next sub-heading (T-minus 3..): “Judicial Cooperation in Civil Matters”.

The first article states that judicial co-operation in civil matters across borders will be based on the principle of mutual recognition of decisions that are judicial and extra-judicial. “Such cooperation my include the adoption of measures for the approximation of the laws and regulations of the Member States.”

To this end, the European Parliament and the Council, shall adopt measures, particularly in relation to the “proper functioning of the internal market”, to ensure: mutual recognition and enforcement of decisions; cross-border service of documents; “the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction”; co-operation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil proceedings, “if necessary by promoting the compatibility of the rules on civil procedure applicable in Member States”; alternative methods of dispute settlement; support for the training of the judiciary and judicial staff.

The next paragraph in this article states:

Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be established by the Council, acting in accordance with a special legislative procedure. The Council shall act unanimously after consulting the European Parliament.

It then states that the Council – on a proposal from the Commission, acting unanimously, and after consulting the European Parliament – may adopt a decision identifying those aspects of family law with cross-border implications in respect of which EU laws may be passed jointly by the European Parliament and the Council.

Such a decision shall be notified to the national parliaments of member states. If a national parliament makes known its opposition within six months, the decision will not be adopted.

Next sub-heading (..T-minus 2..): “Judicial Cooperation in Civil Matters”.

The first article (Article 82) provides that such co-operation is based on the principle of mutual recognition of judgements and judicial decisions “and shall include the approximation of the laws and regulations of the Member State in the areas mentioned in the next paragraph and in the next article. The European Parliament and Council shall jointly adopt measures to: rules for recognition of all forms of judicial decisions; remove any conflicts of jurisdiction between member states; support judicial training; facilitate co-operation between the relevant authorities of member states in relation to criminal proceedings and enforcement.

The next paragraph in this article states that in order to facilitate mutual recognition of judicial decisions, and police and judicial co-operation in criminal matters, the European Parliament and the Council may jointly establish minimum rules through directives. Such rules “shall take into account the difference between the legal traditions and systems of the Member States”.

The rules relate to: mutual admissibility of evidence; individuals’ rights in criminal procedures; victims’ rights; “any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament”.

The adoption of these minimum rules shall not prevent member states from providing a higher level of protection for individuals.

Next paragraph: Where a member of the Council (a minister of a member state) considers that a draft directive as mentioned in the previous paragraph would affect “fundamental aspects of its criminal justice system”, it may request that the draft be referred to the European Council (heads of state or government).

The usual method of EU law-making is suspended unless and until the European Council discusses and reaches a consensus within four months, at which point the suspension ends.

If, however, there is disagreement and at least nine member states wish to proceed with the draft directive, the European Parliament, the Council and the Commission shall be notified. In such a situation, the authorisation to proceed shall be deemed granted in accordance with certain provisions of the TEU and TFEU (i.e. Article 20(2) TEU and Article 329(1) TFEU).

The next article, 83, allows for the European Parliament and Council to jointly establish minimum rules, by means of directives, for the definition of criminal offences and penalties in relation to the following areas of serious cross-border crime: terrorism, human trafficking and sexual exploitation, drug trafficking, arms trafficking, money laundering, corruption, counterfeiting, computer crime and organised crime.

The Council may adopt a decision identifying other areas of crime described in this Article, by acting unanimously and after obtaining the consent of the European Parliament.

In certain circumstances, directives may be adopted to establish minimum rules in relation to definition of criminal offences and penalties in certain areas.

Where a member of the Council (a minister of a member state) considers that a draft directive as mentioned in the previous paragraph would affect “fundamental aspects of its criminal justice system”, the same rules apply as in the previous article.

Article 84: The European Parliament and Council may jointly establish measures to support member states in the field of crime prevention, excluding harmonisation of member states’ laws.

Next article: Eurojust’s mission is defined in relation to prosecuting serious crime.

The European Parliament and the Council by means of regulations shall jointly determine Eurojust’s structure and functioning, which may include: initiating criminal investigations, and proposing initiation of prosecutions, particularly those relating to offences against the financial interests of the EU; co-ordinating such investigations and prosecutions; strengthening judicial co-operation.

Such regulations shall also set out the involvement in European and national parliaments in the evaluation of Eurojust’s activities.

Article 86 relates to combating crimes affecting the financial interest of the EU. To this end, the Council may establish a European Prosecutor’s Office (EPO) from Eurojust. This shall be done by unanimous agreement and after obtaining the European Parliament’s consent.

The role of the EPO is set out next, and the European Council may adopt a decision to amend the first paragraph of this article in order to extent the EPO’s powers. The European Council shall act unanimously after consulting the Commission.

Next sub-heading (..T-minus 1..): “Police Cooperation”.

Such co-operation shall be established by the EU involving all the relevant law enforcement agencies of the member states.

To achieve this, the European Parliament and Council may jointly adopt measures to establish: information storage, analysis and exchange; support for staff training and exchanges; common investigative techniques in relation to serious organised crime.

The Council may establish “measures concerning operational cooperation” between these authorities, acting unanimously and after consulting the European Parliament.

The mission of Europol is set out in the next article. To determine Europol’s structure and functioning, the European Parliament and the Council may jointly adopt regulations, including: storage and exchange of information; organisation of investigations.

The regulations will also allow for scrutiny of Europol by the European and national parliaments.

Any operational action by Europol “must be carried out in liaison and in agreement with the authorities of the Member State or States whose territory is concerned. The application of coercive measures shall be the exclusive responsibility of the competent national authorities”.

Final article! Article 89 states that the Council shall lay down the conditions where national authorities may operate in another member state in liaison and agreement with that state’s authorities. The Council shall act unanimously and after consulting the European Parliament.

(..Lift off!..)

And I’m done. Time to crawl into a darkened corner..

Related posts:

1. The Lisbon Treaty: Union Policy and Internal Actions (Part 2)
2. The Lisbon Treaty: Non-discrimination and citizenship
3. The Lisbon Treaty: Union Policy and.. Ugh, this is never-ending!

Greetings, lesbians and friends! Following on from yesterday’s post which dealt with the initial parts of the Lisbon Treaty, today we’re on to the next section entitled, “Non-Discrimination and Citizenship of the Union.”

Thanks be to be-jebus, this section is significantly shorter than yesterday’s. Relief all-’round, I’m sure..

Moving along swiftly. This section begins with a prohibition on discrimination on the grounds of nationality, a principle which has been a fundamental part of EU rules for years, as a key element to allow for successful operation of the EU’s internal market. The European Parliament and Council may jointly adopt rules to prohibit such discrimination.

The next Article that’s inserted to this part of existing EU treaties by Lisbon is one that in fact already exists and which allows the Council of ministers, with the consent of the European Parliament, to make laws and take action “to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.” Notwithstanding this commitment, the Article allows “incentive measures” to be adopted – excluding any harmonisation of the laws of member states – and the Lisbon Treaty amends the Article to allow the incentive measures to be adopted by way of laws made jointly by the European Parliament and the Council.

The next Article in the existing treaties deals with citizenship. As the EU treaties currently state (without Lisbon being passed, that is), citizenship of the EU exists, and every national of an EU member state is a citizen of the EU. EU citizenship, however, does not replace national citizenship, and the Lisbon Treaty amends the Article so that is states that EU citizenship is “additional to” national citizenship. (Without the Lisbon Treaty, the treaties state that EU citizenship “complements” national citizenship.)

A new paragraph is added to the Article by Lisbon, which states that the rights and duties of the EU apply to any citizen of the EU, and that EU citizens have the benefit of: freedom of movement within the EU; the right to vote and stand as candidates in EU or local elections where they are residing in the EU; the right, when they are outside of the EU, to avail of the protection of the embassy or consulate of any EU member state; the right to communicate with the European Parliament, the European Ombudsman and the institutions and advisory bodies of the EU in any of the “Treaty languages” and receive a reply in the same language.

The next Article in the existing treaties deals with allowing for EU laws to be made in order to allow citizens of the EU to move and reside freely within the EU, and the Lisbon Treaty amends the Article so that the European Parliament and Council jointly adopt such laws as may be needed.

A new paragraph is added to that Article, which allows the Council of ministers to adopt “measures concerning social security or social protection,” for the purposes of allowing or facilitating freedom of movement within the EU, according to special law-making provisions (more of which in a later post) and after consulting the European Parliament.

The next Article is left unchanged, and the following Article (which deals with situations where EU citizens abroad can avail of the protection of embassies, etc., of other EU member states) is amended by the Lisbon Treaty to add a new paragraph. The new paragraph states that the Council of ministers after consulting with the European Parliament can adopt laws “establishing the coordination and cooperation measures necessary to facilitate such protection.”

In the next existing Article, and new first paragraph is inserted by Lisbon to allow the Council and the European Parliament to jointly adopt measures setting down the procedures and conditions required for “a citizens’ initiative”. More detail on the citizens’ initiative is provided in the amendment by Lisbon to the Treaty on European Union (the first of the two existing core EU treaties), which I will deal with later, I promise!

Finally in this part of the existing treaties, Lisbon amends the final paragraph of the next Article to make reference to EU citizens’ rights (listed here earlier), and to state that any provisions to strengthen or add to the rights of EU citizens will enter into force after they have been approved by member states in accordance with the constitutional requirements of each member state (so, in Ireland, that would entail holding a referendum).

And we’re done! Thanks be to feck. Stay toooned for more!

Related posts:

1. The Lisbon Treaty: Union Policy and.. Ugh, this is never-ending!
2. The Lisbon Treaty: Union Policy and Internal Actions (Part 2)
3. The Lisbon Treaty: What’s that all about?

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.)

Related posts:

1. The Lisbon Treaty: Non-discrimination and citizenship
2. The Lisbon Treaty: Union Policy and.. Ugh, this is never-ending!
3. The Lisbon Treaty: External Action by the Union

A great video has been produced by the European Anti-Poverty Network, and it’s – I need to sit down for this – actually impartial!

Have a watch, while I get over my attack of the vapours..

This three minute motion graphic from the European Anti-Poverty Network (EAPN) Ireland asks whether the Lisbon Treaty will help or hinder social progress in the European Union

(With thanks to Saoirse, who pointed out the vid.)

Related posts:

1. The Lisbon Treaty: Voting again, the “guarantees”, the treaty
2. The Lisbon Treaty: Non-discrimination and citizenship
3. The Lisbon Treaty: External Action by the Union

Does anyone get a feeling of déjà vu? Didn’t we vote on the Lisbon Treaty before?

You may have heard campaigners argue that nothing in the Lisbon Treaty has changed since the vote in 2008. Not a comma. Not a single sentence, word or letter. And they’re absolutely correct.

The Treaty that will be put to the Irish people on 2nd October 2009 will be the very same one that was put to a vote in June 2008. The only thing that has changed in the intervening period is that a series of “guarantees” or “assurances” have been agreed between the member states of the European Union. So, what’s all that about?

Last time around: reasons for voting No

After the Treaty was rejected last year, two surveys examined the reasons why people voted “No”. There was a survey by Millward Brown IMS on behalf of the Irish government and a survey conducted by the EU agency Eurobaromter.

Both surveys yielded broadly similar results. In each case, of those surveyed who voted “No”, the majority stated that their reason for so voting was because they didn’t understand the Treaty. Whether you consider the fact that the majority of “No” voters last time around did so due to lack of information/ignorance is a good reason to hold this referendum again, is a matter of opinion. Personally, I think holding the referendum again is a good thing – so long, of course, as voters are given the information they lacked last time around.

As for the guarantees, they deal with the other concerns mentioned by “No” voters in the surveys.

The guarantees

The interesting thing about the guarantees agreed by the governments of the EU member states, is that they confirm what is already the case: that the Lisbon Treaty does not influence and will not affect any of the issues mentioned in them. The issues dealt with by the guarantees are: The right to life, family and education; taxation; security and defence; workers’ rights and social policy.

In addition, the European Council (the heads of state or government of each of the EU countries) has decided that the one-Commissioner-per-member-state status quo will remain.

One thing I need to say, however, is about the role of Commissioners in the EU. A Commisisoner in the EU is not an ambassador. In fact, they’re very much the opposite. (Indeed, the nearest thing to an ambassador in the EU are the Permanent Representations to the EU, which are diplomatic missions that all the EU member states have in Brussels. And don’t worry, they’re completely untouched by the Lisbon Treaty.)

A Commissioner (a member of the European Commission, that is) has the function of “upholding” the Treaties upon which the EU is founded. Each Commisisoner has a particular area they are responsible for – so, for example, Charlie McCreevy is Commissioner for the Internal Market and Services – and the Commissioner’s job is to ensure that member states of the EU are complying with EU rules for that area.

A simple example would be ensuring that Ireland doesn’t automatically favour Irish businesses, but that it allows competition between businesses in Ireland, regardless of where in the EU they are based.

Had the Treaty been approved at the last referendum, there would have been fewer Commissioners than member states, but they would have rotated in such a way as to ensure that there would have been a Commissioner from each member state every few years.

With the decision of the European Council, however, every member state including Ireland gets to “keep their Commissioner.” (Except, of course, that it’s not “our” Commissioner. It’s just a Commissioner who happens to be from Ireland. They are legally bound to be completely independent in their actions, and to uphold and defend the Treaties which establish and form the basis of the functions of the European Union. But sure, some people won’t be told..!)

Therefore, in order to maintain one-Commissioner-per-member-state, the Lisbon Treaty must be passed in this next referendum.

Also, the guarantees will be legally binding, every bit as much as the Lisbon Treaty will be, if there is a “Yes” vote this time.

The Lisbon Treaty itself

Sweet holy Jesus, but it’s boring. I’m not even half way through the feckin’ thing, and I feel like I’ve been reading it for 156 million years.

Nevertheless! – one thing is certain. The Lisbon Treaty is an amending treaty. That is to say, it’s a document which inserts amendments into the existing Treaties upon which the EU is founded and functions. So, it’s all “Subparagraph blah is amended by bleh,” and “New article yadda is inserted after I poke my eyes out.”

The Treaties of the EU are two: one is the founding treaty, and it outlines the overall aims and the purpose of the EU (as it is now called) existing in the first place. It’s important to understand that the EU was originally formed immediately after World War II, when millions of Jews, gypsies, political prisoners, gays, lesbians and anyone else the Nazis and their allies despised had been genocidally murdered. (Did you know that the word genocide had to be invented by prosecutors after WWII?)

Out of that, six countries decided to form an economic union which meant that they would be so economically dependent on one another, war and genocide such as had happened could never be a possibility again. (In the 1950s, the union was based on co-operation in the coal and steel industries – how we’ve come along in leaps and bounds!)

The second Treaty that is amended by Lisbon is a lot longer and is more detailed. It deals with how the EU functions in order to achieve its objectives. So, there are general rules about the internal market, freedom of movement within the EU, the euro currency, and certain procedures are set out for times when the EU will need to decide on further rules and regulations on these matters.

From what I’ve read so far, a lot of the Lisbon Treaty is tidying up and housekeeping: gramatical corrections, re-arranging the order of some paragraphs and articles. So far, so fricking boring. And totally inoffensive.

Next time, I shall try to deal with some of the specific changes introduced by Lisbon, perhaps including some of the more contentious ones. Stay tuned!

Related posts:

1. The Lisbon Treaty: Non-discrimination and citizenship
2. The Lisbon Treaty: Provisions on society
3. The Lisbon Treaty: Amendments to the TEU; selected Protocols

Good morning, lesbian land. Unless you have been living under a rock, you will be aware that a referendum on the Lisbon Treaty is (again) on its merry way. This time, on 2nd October 2009, to be exact.

I, stupidly, have decided to try my damnedest to read through the Treaty and any information I can get my grubby little mitts on, in order to try to explain to our dear readers what it’s all about. I can’t guarantee that I won’t collapse in a heap from the boredom, but I’ll do my best. I’m going to avoid discussing the Yes or No campaign arguments, or the campaign groups themselves. Rather, I’m going to do my best to discuss what’s actually contained in the Treaty itself. And if I’m really on form, I might even make it all sound interesting.. (Wish me luck..!)

I’m going to try to get through what we’re voting on this time, the guarantees on various issues that were agreed by the European governments, what the Treaty actually means, what is or is not in the Treaty, what the implications of rejecting the Treaty might be; and anything else that might crop up along the way!

There are plenty of other bloggers, websites, facebook groups, etc., who are focussed either on the arguments one way or another, or who are discussing the groups involved on either side of the debate. I might be able to address some of the arguments in reference to the Treaty’s contents, but that’ll be about as far as I go!

If you want to check out some of the interest groups involved in campaigning, MamanPoulet is running an excellent series of articles on some of the groups you’ve never heard of (and some you have). Also worth casting your eye over might be Slugger O’Toole, IrishElection, Jason O’Mahoney. Also keep an eye on IrishBlogs.ie to find out what the Irish blogosphere is saying. (Do let me know in the comments if I’m leaving anyone out!)

For authoritative, impartial information about the Treaty, the Referendum Commission has set up a website dedicated to bringing you factual and easy-to-understand information about the Treaty.

In addition, the EU Commission has produced a Guide to the Lisbon Treaty, which distils down the main aspects of the Treaty into just fifteen pages. The Commission is also actively running a campaign around Ireland to engage with Irish citizens at local level, called talktoeu (also on Twitter and Facebook – and they really do reply!). Last I heard, the top female civil servant of the EU, Margaret Wallström, was due to speak at a meeting in Athlone this Wednesday (10th September). (The EU Commission can also be contacted through their office in Dublin – and on Twitter – or contact them directly in Brussels.)

Finally, if you’re a real sucker for punishment, or if you have trouble with insomnia, here you yourself can read the full text of the Lisbon Treaty and/or the consolidated version of the EU treaties (i.e. what the documents governing the EU will look like after the Lisbon Treaty’s amendments are taken into account).

So, stay tuned!

Related posts:

1. The Lisbon Treaty: Voting again, the “guarantees”, the treaty
2. The Lisbon Treaty: Provisions on society
3. The Lisbon Treaty: Non-discrimination and citizenship