Treaty of Lisbon

Treaty of Lisbon. The Treaty of Lisbon is an international agreement that amends the two foundational treaties of the European Union: the Treaty on European Union and the Treaty establishing the European Community. Signed on 13 December 2007 in the Jerónimos Monastery, it entered into force on 1 December 2009, following a complex ratification process. The treaty was designed to streamline the EU's institutional structure and decision-making processes to enhance efficiency and democratic legitimacy following the 2004 and 2007 enlargements.

Background and negotiation

The impetus for the Treaty of Lisbon emerged from the failure of the proposed Treaty establishing a Constitution for Europe, which was rejected by French and Dutch voters in 2005 referendums. Following a "period of reflection," the European Council under the German Presidency, led by Angela Merkel, secured a mandate in June 2007 to draft a new reform treaty. The subsequent Portuguese Presidency, headed by José Sócrates, oversaw the final intergovernmental negotiations. Key figures in the drafting included the President of the European Commission José Manuel Barroso and representatives from major member states like France, the United Kingdom, and Poland, who negotiated numerous opt-outs and protocols.

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 functions from the Council of the European Union and the European Commission. It expanded the use of Qualified Majority Voting in the Council, reduced the size of the European Commission, and enhanced the legislative powers of the European Parliament through the ordinary legislative procedure. The treaty also gave legal force to the Charter of Fundamental Rights of the European Union and made the European Central Bank a formal institution.

Ratification process

Ratification proved contentious, requiring approval by all then-27 member states as per their own constitutional rules. While most states ratified via parliamentary vote, Ireland was constitutionally required to hold a referendum. The initial 2008 referendum resulted in a rejection, creating a crisis. To secure a positive vote in a second referendum in 2009, the European Council provided guarantees on issues like Irish neutrality, taxation, and the right to life. In the Czech Republic, ratification was delayed by a constitutional challenge reviewed by the Constitutional Court and reservations from President Václav Klaus.

Impact and analysis

The treaty's implementation markedly altered the EU's functioning, centralizing foreign policy coordination through the European External Action Service and making the European Parliament a more equal co-legislator. Analysts from institutions like the Centre for European Reform argue it increased the EU's capacity for effective action in areas such as justice and home affairs. However, critics, including some from the Eurosceptic movement, contend it further eroded national sovereignty. The treaty's provisions were immediately tested during crises like the European debt crisis and the European migrant crisis.

Legal and political status

As a primary law of the European Union, the Treaty of Lisbon holds supreme legal status over the national laws of member states, a principle upheld by the Court of Justice of the European Union. It amended the existing treaties rather than replacing them, with the Treaty establishing the European Community being renamed the Treaty on the Functioning of the European Union. The treaty is seen as the final product of a reform era that began with the Maastricht Treaty and includes the Treaty of Amsterdam and the Treaty of Nice. It remains the foundational constitutional framework for the EU, though debates about further reform persist.

Category:2007 in the European Union Category:Treaties of the European Union Category:2007 in Portugal Category:Treaties concluded in 2007