Lisbon Treaty (2007)

Lisbon Treaty (2007)
Name	Lisbon Treaty
Long name	Treaty of Lisbon
Signed	13 December 2007
Effective	1 December 2009
Location signed	Lisbon
Parties	European Union member states
Language	Treatys in official EU languages

Lisbon Treaty (2007) The Lisbon Treaty, signed in Lisbon on 13 December 2007, amended the Treaty on European Union and the Treaty establishing the European Community, reshaping the institutional architecture of the European Union and influencing relations among European Commission, European Parliament, Council of the European Union, and European Council. Negotiated after the failure of the Treaty establishing a Constitution for Europe and influenced by crises such as enlargement to include Romania and Bulgaria, the treaty balanced sovereignty concerns of states like United Kingdom and Poland with supranational ambitions exemplified by France and Germany. Its coming into force on 1 December 2009 followed ratification disputes involving Ireland and judicial review requests from national constitutional courts including in Germany and Czech Republic.

Background and Negotiation

Negotiations for the treaty followed the collapse of the Treaty establishing a Constitution for Europe after the 2005 referendums in France and the Netherlands, prompting an intergovernmental conference chaired by Tony Blair's successor cabinets and senior officials from European Commission and European Council under the presidency of Portugal. Enlargement rounds admitting Poland, Hungary, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Malta, and Cyprus had created pressure for reform in institutions such as the European Parliament and the Council of the European Union, while external challenges tied to NATO cooperation, relations with Russia, and negotiations with Turkey shaped member state positions. The treaty text emerged from compromises among leaders including Angela Merkel, Nicolas Sarkozy, Gordon Brown, and José Sócrates, and was influenced by legal opinions from the European Court of Justice and national courts in Germany, Ireland, and Italy.

Key Provisions and Institutional Changes

The Lisbon Treaty introduced a permanent President of the European Council and created the High Representative for Foreign Affairs and Security Policy, merging roles associated with the Council of the European Union and the European Commission. It expanded the legislative role of the European Parliament by extending the ordinary legislative procedure (formerly co-decision) and reweighted votes in the Council of the European Union through the double majority system affecting Spain, Poland, and Italy. The treaty clarified competences between the European Union and member states, incorporated the Charter of Fundamental Rights of the European Union making it legally binding for most members, and adjusted the external relations mandate of the European Commission and the European External Action Service. It also allowed member states to use enhanced cooperation mechanisms and set out provisions for accession negotiations with candidate countries such as Croatia and Turkey.

Adoption and Ratification Process

Following signature in Lisbon, the treaty required ratification by all European Union member states according to national constitutional requirements, prompting referendums in Ireland, Czech Republic, and Poland and parliamentary approvals in United Kingdom, Spain, and Sweden. The Czech Republic faced a constitutional challenge brought by President Václav Klaus and the German Federal Constitutional Court examined compatibility with the Grundgesetz in a high-profile ruling. Ireland initially rejected the treaty in a 2008 referendum but later approved it after legal guarantees and a second referendum in 2009; final ratification was completed when Czech Republic deposited its instrument of ratification, enabling entry into force on 1 December 2009.

Legal and Political Impact

Legally, the treaty amended primary treaties governing the European Union and reshaped judicial scrutiny by the European Court of Justice, influencing cases involving the European Central Bank and member state compliance with EU law such as fiscal rules tied to the Stability and Growth Pact. Politically, the establishment of a permanent European Council President and a strengthened European Parliament changed bargaining dynamics among heads of state including François Hollande and David Cameron and affected foreign-policy coherence in dealings with United States administrations and multilateral forums such as the United Nations. The binding nature of the Charter of Fundamental Rights of the European Union affected rulings on civil liberties in Poland and Hungary, and the treaty's provisions on enhanced cooperation influenced integration pathways for groups of member states.

Criticism and Controversies

Critics from factions aligned with UK Independence Party, Front National, and some factions within Law and Justice argued the treaty eroded sovereignty and democratic accountability, echoing concerns raised in French and Dutch rejection campaigns. Legal scholars debated compatibility with national constitutions in rulings by the German Federal Constitutional Court and the Constitutional Court of Italy, while protesters in capitals such as Lisbon and Brussels highlighted fears about social policy and regulatory centralization. The treaty's institutional shifts prompted debate in the European Parliament over democratic deficit, and negotiations over opt-outs by United Kingdom leaders including Tony Blair and Gordon Brown fueled domestic controversies culminating in later renegotiations under David Cameron.

Implementation and Subsequent Developments

After entry into force, the EU created posts and institutions mandated by the treaty, including appointments of a first permanent President of the European Council and a first High Representative, and established the European External Action Service which interacted with missions such as the European Union Naval Force operations. Subsequent enlargements, notably the accession of Croatia, and challenges like the Eurozone crisis and the Migration crisis, tested the treaty's mechanisms for coordination and solidarity among member states such as Greece and Italy. Debates over treaty interpretation recurred in cases before the European Court of Justice and national courts, and political developments including the Brexit referendum under United Kingdom Prime Minister David Cameron highlighted ongoing tensions the treaty sought to mitigate.

Category:European Union treaties