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The government and politics of the European Union. Oral presentation of chapter 6: The Constitutional and Lisbon Treaties. The Constitutional Convention. 3 basic challenges: To guide citizens to get closer to the European conception and institutions - PowerPoint PPT Presentation
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Oral presentation of chapter 6: The Constitutional and Lisbon Treaties
The Constitutional Convention3 basic challenges:
To guide citizens to get closer to the European conception and institutions
To organise politics and European political area
To develop a EU in a stable state
The Constitutional Convention5 key-issues to check:
Better definition and separation of competences
Simplification on Union instruments Increase democracy, transparency and
efficiency Reorganisation and simplification of the
treaties Agreement and long term management
of a Constitutional text of the Union
The working of the Constitutional Convention
Organized in 4 forums:1.The Office of the President – focus on the
Convention results2.The Praesidium – provide an orientation and
assuring the organization of the work and the finalization of the tasks
3.Workings Groups – examine specific issues4.Plenary Sessions – debate on general
subjects, deliberate on workshop’s reports and build the final text.
The Intergovernmental Conference (IGC)
In octobre 2003 -> 2 issues remained:
The size of the College of Commissioners. Before 2009, its size should be reduce to 15
The votes rules for the Council of Ministers. Qualified majority voting (QMV) should be abandoned and be replaced by a double majority system
The contents of the Constitutional Treaty (CT): 6 important features
1. The document is not as simple as hoped2. The most of CT content comes from previous
treaties 3. The new content consists in small
amendments4. Give a better coherence and identity to the Union
5. No impact on the intergovermental / supranational balance
6. Great symbolic significance with the use of the word “Constitution”.
2004 Constitutional Treaty signature
Ratification process
(First deadline = 2006)
Referendum vs Parliamentary vote
CT’s symbolic character Customary way of ratification
Domestic political pressures
2005Parliamentary
votes: CT approved by 9
member states
Referendum1 « yes » vote in Spain2 « no » votes in
France The Netherlands
Ratification process into doubt
Reasons for rejectionsForm of the treaty seen as embracing elite
rather than popular wishes
Social and economic values = hypothetically dangerous to existing welfare systems
= directly linked to the treaty
Non treaty matters (enlargement)
Period of reflection2006: EU leaders agree that
The constitutional aspects of the CT would have to be dropped
Routine reformist aspects should largely remain
Treaty reform process (beginning during the German Council Presidency)
2007
March : Berlin declaration (second deadline = the 2009 EP elections)
June : decision to open an IGC : tight mandate = draw up a « Reform Treaty »
July: opening of IGC = largely a technical exercise
Informal summit : agreement on the content of the new treaty
December: signature by national leaders
The named « Reform Treaty » became the « Lisbon Treaty »
Ratification process :- Approval by parliamentary votes in most of the countries, although…
Delays in some countries2008: Irish referendum = rejection
2009: The German Constitutional Court withholds the approval
Poland and Czech Republic = eurosceptic presidents refusal
2009
September: German Parliament passes the law required by the Constitutional Court
October: - second irish referendum = approval
- Polish president approves
November : Czech Republic signed the ratification instrument
Lisbon Treaty's entrance into force - 1st december 2009
Why Lisbon Treaty = CT?
Renegotiation and extended debates unwanted
Modifications provided by CT = still relevant and useful
Why Lisbon treaty ≠ CT?
A Treaty more acceptable to citizens
To accomodate a (limited) number of pressing national and institutional interests
New issues on the political agenda
THE CONTENTS OF LISBON TREATY
INSTITUTIONS:
The Commission
The president of the Commission must now be nominated by the European Council.
The European Council
Is a separate institution distinct from the Council of minister, and elects its ownpresident by QMV. The responsibilities ofthe president are confined to european Council business.
Created a new president :
Creation of a permanent president of the European Council = mandate of two and half years.
Reason = help ensure policy continuity, raise the EU's profite on the world stage.
Possibility to provide a EU leadership much stronger.
Simplified voting rules :
Qualified Majority Voting (QMV) instead of unanimous voting.
Decision made trough QMV must be approved by double majority 55% EU member ( 15 states) representing at least 65% of the EU population. Enforcement on 2014
QMV provisions in the Council makes it easy the decision in some policy areas.
New power given for the European parliament :
EP more rights under the lisbon treaty.
Same weight as the European Council as regards certain low
EP and Council become co-equal decison makers.
The procedures is re-named : the ordinary legislative procedure.
Granted to the Eu a legal personality :
EU gained a legal personality thanks to lisbon treaty.
The charter for Fundemental Rights give full legal status.
Charter is not incorporate into the treaties but proclaimed by the president of the Commission, Council, and EP
Article 6 TEU have the same legal value as the treaties.
The common Foreign Affairs and Security Policy and a Common Defense Policy.
A new high representative of the Union for
Foreign Affairs and security policy = to boost the EU's international visibility.
The responsibilities of the Council high
representative combine into one position. CSDP = mutual assistance clause between
member state.
Tackle the democratie deficit :
Citizens can invite the Commission to submit a legislative proposed by collecting one million signatures ( in a significant number of member states )
Extention to the applicability of the co-decision.
ConclusionDifference between the Lisbon Treaty and previous treaties
Result similar to the previous treaties
Any transformation of the EU nature.
Symbolic aspects would have given the Union the “appearance” of a State
Short time line of the lisbon Treaty December 2001 : Laeken declaration on the future European
Union February 2002 : Constitution Convention opens October 2003: IGC opens October 2004: formal signature on the CT in Rome May/June 2004: “No” result in CT ratification referendum in
France and the Netherlands March 2007: Berlin Declaration presents the wish to salve the
CT issues June 2007: the European Council organises a nex IGC to provide
a base of reform Decembre 2007: Lisbon Treaty is signed by national leaders June 2008: “No” result for Lisbon Treaty in ratification
referendum in Ireland June 2009: the European Council provides some clarifications
and concessions October 2009: “Yes” result for Lisbon Treaty in a second
ratification referendum in Ireland. The Polish President signs the laws that ratifies the Lisbon Treaty
November 2009: the Czech President signs to the laws that ratifies the Lisbon Treaty
December 2009: Lisbon Treaty enters into force