Treaty of Lisbon

Information

The Treaty of Lisbon is a lengthy, complex document which amends previous treaties. It is mainly concerned with how decisions are made at EU level. There are some changes in policy areas; there are changes in wording in a number of areas. Large sections of the Treaty are devoted to fairly technical issues.

The Treaty of Lisbon, as is usual with such treaties, includes a number of protocols and declarations. Protocols are part of the Treaty and are legally binding. Declarations are not legally binding – they are statements of political intent.

Ratification of the Treaty

The Treaty of Lisbon has been signed and ratified by all 27 member states. Each member state decided on ratification in accordance with its own rules and traditions. In practice, all except Ireland ratified the Treaty by means of a vote in the national parliament. Ireland was the only member state where a referendum was constitutionally necessary.

The Treaty of Lisbon came into effect on 1 December 2009. Some of its provisions come into effect immediately while others will not come into effect until 2014.

Referendum in Ireland

In October 2009, Ireland held a second referendum and the Twenty Eighth Amendment of the Constitution (Treaty of Lisbon) Bill was passed. The European Council gave specific guarantees about how the Treaty affects Ireland in a number of areas. These are the areas which the Irish government identified as having caused concerns to Irish people in the first referendum.

Structure of the treaties

The EU is governed by a complex set of treaties. The most important are the Treaty of Rome and the Treaty on the European Union (also known as the Maastricht Treaty). The document on the structure of the treaties explains the various treaties and how the proposals in the Treaty of Lisbon will affect them.

The main proposals in the Treaty

The following are the main areas in which the Treaty of Lisbon amends previous treaties:

Areas of competence
The Treaty sets out the areas of competence which belong to the EU itself, the areas which are exclusive to national governments and the areas in which there can be co-operation between the EU and national governments.

The EU, unlike national governments, has no inherent jurisdiction. That means that it cannot legislate in areas in which the treaties do not give it competence. This has always been the case but the Treaty of Lisbon specifically lists the areas of competence in the governing treaties themselves. It does not give the EU any new areas of exclusive competence but it does give the EU a role in a number of new areas – this role will be shared jointly with national governments. The new areas include tourism, energy and sport.

How EU decisions are made
The Treaty makes a number of changes in how decisions are made at EU level. Some of these changes will not come into effect until 2014.

It distinguishs between the ordinary legislative procedure, that is, joint decision making by the Council and the European Parliament and the special legislative procedures, that is, generally legislation by the Council alone. It also extends the ordinary legislative procedure to more areas.

The system of Qualified Majority Voting (QMV) will change from 2014.

Institutional changes
The Treaty makes a number of changes to the institutions of the EU:

• The European Council – the abolition of the rotating Presidency; the appointment of a permanent President of the Council; the holding of some decision-making Councils in public
• The European Parliament – increase in the number of areas over which it makes joint decisions with the Council
• The European Court of Justice – the changes mainly involve renaming parts of the court and reorganising it

Role of national parliaments
There is a specific consultation role for national parliaments prior to legislative proposals being discussed. The Treaty also includes provisions for national parliamentary approval of amendments to the treaties which the Council may wish to make.

Area of freedom, security and justice
The changes in the area of freedom, security and justice are complex. Ireland will continue to have an opt-out/opt-in arrangement.

Charter on Fundamental Rights
The Treaty of Lisbon gives the Charter on Fundamental Rights the same legal value as the main treaties. The precise consequences of this are not entirely clear.

Citizens’ initiative
It allows for the possibility of a citizens’ initiative on legislation – this requires 1 million signatures.

Leaving the EU
The Lisbon Treaty contains mechanisms for a member state to leave the EU.

Foreign, security and defence policy
The Treaty contains provision for the appointment of a High Representative and the establishment of an External Action Service.

Enhanced co-operation
The rules on enhanced co-operation whereby a number of member states may agree particular actions are changed with the ratification of the Lisbon Treaty.