Lisbon Treaty

Lisbon Treaty. The Treaty of Lisbon is an international agreement that amends the two core treaties forming the constitutional basis of the European Union. It was signed by the then 27 member states in the Portuguese capital on 13 December 2007 and entered into force on 1 December 2009, following a complex ratification process. The treaty aimed to reform the institutions of the European Union to enhance efficiency and democratic legitimacy following the EU's enlargement to include states from Central and Eastern Europe.

Background and context

The treaty emerged from a period of constitutional crisis within the European Union, following the rejection of the proposed Treaty establishing a Constitution for Europe by French and Dutch voters in 2005. This rejection created an institutional impasse, prompting leaders like Angela Merkel and Nicolas Sarkozy to seek a more modest reform package during the German presidency of the Council of the European Union in 2007. The negotiations built upon earlier treaties like the Treaty of Maastricht and the Treaty of Amsterdam, seeking to streamline decision-making processes that had become cumbersome after the 2004 enlargement of the European Union and the 2007 enlargement of the European Union. Key figures in its drafting included the President of the European Commission José Manuel Barroso and the President of the European Parliament Hans-Gert Pöttering.

Key provisions and changes

The treaty introduced significant institutional reforms, including the creation of a permanent President of the European Council, a role first held by Herman Van Rompuy, and a strengthened High Representative of the Union for Foreign Affairs and Security Policy, merging the roles of the European Commissioner for External Relations and the High Representative for the Common Foreign and Security Policy. It extended the use of Qualified Majority Voting in the Council of the European Union to more policy areas, reducing national vetoes, and increased the legislative powers of the European Parliament through the ordinary legislative procedure. Furthermore, it gave legal force to the Charter of Fundamental Rights of the European Union and formally recognized the European Central Bank as an EU institution, while also providing a mechanism for member states to withdraw from the union, a clause later invoked by the United Kingdom during Brexit.

Ratification process

Ratification proved politically challenging, requiring approval by all member states according to their own constitutional rules. While most countries ratified through parliamentary procedures, Ireland was constitutionally required to hold a referendum. The initial 2008 Irish Lisbon Treaty referendum resulted in a rejection, causing a major crisis. To secure a 'yes' vote in a second referendum in 2009, the European Council provided guarantees on issues like Irish neutrality, taxation policy, and the right to life. In the Czech Republic, ratification was delayed by President Václav Klaus, who demanded an opt-out from the Charter of Fundamental Rights; this was granted before he signed the instrument. The final ratification by Poland's President Lech Kaczyński in October 2009 cleared the path for the treaty's entry into force.

Impact and significance

The treaty significantly reshaped the institutions of the European Union, creating a more stable leadership structure and a more coherent external action service, the European External Action Service. It enhanced the EU's capacity to act in areas such as justice and home affairs and provided a clearer legal personality for the union to conclude international agreements. The strengthened role of the European Parliament and national parliaments, via the yellow card mechanism, aimed to address the perceived democratic deficit. The treaty's reforms were tested during subsequent crises, including the European debt crisis and the European migrant crisis, and its provisions formed the legal basis for major EU responses, such as the European Stability Mechanism.

Criticism and controversy

The treaty faced criticism from both eurosceptics and federalists. Opponents, such as the United Kingdom Independence Party and figures like Nigel Farage, argued it centralised too much power in Brussels and undermined national sovereignty, a sentiment that fueled the later Brexit campaign. Some proponents of European integration, including former European Commission President Jacques Delors, felt it was an inadequate compromise that failed to create a truly federal Europe. Legal scholars debated the complexity of its amendments to the Treaty on European Union and the Treaty on the Functioning of the European Union. The contentious ratification process, particularly the requirement for a second Irish referendum, led to accusations of ignoring democratic will and created lasting political friction within several member states.

Category:European Union treaties Category:Treaties of Portugal Category:2007 in the European Union Category:2009 in the European Union