Treaty of Lisbon (2009)

Treaty of Lisbon (2009)
Name	Treaty of Lisbon
Signed	13 December 2007
Effective	1 December 2009
Parties	European Union member states
Long title	Treaty on European Union and Treaty on the Functioning of the European Union (amendments)
Location signed	Lisbon

Treaty of Lisbon (2009)

The Treaty of Lisbon (2009) amended the Treaty on European Union and the Treaty establishing the European Community to reform the European Union's institutions and decision-making. Negotiated after the failure of the Treaty establishing a Constitution for Europe, it reshaped roles for the European Council, the European Commission, and the European Parliament while addressing external representation through the High Representative of the Union for Foreign Affairs and Security Policy and the European External Action Service. The treaty entered into force following ratification by the member states, altering legal competences and prompting debate in national constitutional courts and international law forums.

Background and Negotiation

Negotiations leading to the treaty followed the rejection of the Treaty establishing a Constitution for Europe by France and the Netherlands in 2005, prompting leaders at the Brussels European Council and the Hague Programme-era summits to commission the European Convention (2002–2003) and the Praesidium chaired by Valéry Giscard d'Estaing. Key participants included presidents and prime ministers from Germany, United Kingdom, Italy, Spain, Poland, Sweden, and the Czech Republic, alongside the European Commission under José Manuel Barroso and the European Parliament leadership. Negotiations involved the Intergovernmental Conference process, references to the Treaty of Amsterdam, the Treaty of Nice, and input from national parliaments and constitutional courts such as the Bundesverfassungsgericht and the Constitutional Court of Portugal.

Ratification and Entry into Force

The treaty was signed in Lisbon on 13 December 2007 and required ratification by all EU member states. Ratification paths included parliamentary approval in Germany, Italy, and Spain and national referendums in Ireland and Czech Republic scenarios. The Irish referendum on the Treaty of Lisbon, 2008 initially rejected ratification, prompting the European Council to provide legal guarantees and the Anglo-Irish Agreement-style assurances prior to a second Irish referendum on the Treaty of Lisbon, 2009 which approved ratification. The remaining ratifications proceeded, and following deposit of the final instrument with the Government of the Italian Republic, the treaty entered into force on 1 December 2009.

Institutional and Constitutional Changes

The treaty redefined the composition and powers of EU institutions by creating the permanent President of the European Council and enhancing the role of the High Representative combining functions of the Commission and the Council's external relations. It introduced a change to voting procedures in the Council of the European Union—the Qualified majority voting threshold altered by the Lisbon system—and expanded the legislative reach of the European Parliament through co-decision now renamed the ordinary legislative procedure. The treaty clarified the competences allocation among the Union and the member states, addressed the legal personality of the European Union enabling membership in international organizations such as the United Nations and the World Trade Organization, and adjusted treaty amendment procedures referencing the Article 48 TEU mechanism.

Policy Competences and External Relations

Under the treaty, areas of shared and exclusive competences were rearticulated, impacting policy domains like the Common Foreign and Security Policy, the Area of Freedom, Security and Justice, and the Common Commercial Policy. The treaty strengthened the European External Action Service and enhanced the Union's capacity to sign and conclude international agreements, coordinate sanctions, and participate in peacekeeping cooperation with entities such as the North Atlantic Treaty Organization and the United Nations Security Council frameworks. It affected budgetary procedures interacting with the European Central Bank and institutional actors such as the Court of Justice of the European Union in trade, environment, and consumer protection files.

Legal Status and Interpretations

The treaty amended foundational EU instruments, superseding previous formulations in the Treaty of Nice and integrating charter references such as the Charter of Fundamental Rights of the European Union. Several national constitutional courts—including the Bundesverfassungsgericht, the Supreme Court of Ireland, and the Constitutional Court of the Czech Republic—examined compatibility with national constitutions, producing rulings that influenced ratification timing and legal guarantees. The Court of Justice of the European Union later interpreted provisions concerning competence, subsidiarity, and fundamental rights in cases involving member states and EU institutions.

Impact and Criticism

Proponents argued the treaty improved efficiency and coherence in external action and legislative procedures, citing performances during crises involving Russia–European Union relations, the Eurozone crisis, and enlargement debates with Turkey and Western Balkans candidates. Critics from parties like UKIP, elements of the Polish Law and Justice movement, and civil society groups raised concerns over sovereignty, democratic deficit, and the scope of the Charter of Fundamental Rights of the European Union. Legal scholars and commentators debated the treaty's federalizing tendencies versus intergovernmental safeguards, referencing analyses from institutions like the European Policy Centre, the Centre for European Reform, and national think tanks.

Legacy and Subsequent Developments

The treaty set institutional precedents used during the European sovereign debt crisis, the Brexit referendum, and later EU treaty reform discussions around fiscal union and enlargement. It underpinned the European Green Deal era governance, the appointment cycles of Ursula von der Leyen and Charles Michel, and inspired proposals for further integration debated at the Conference on the Future of Europe. Legal and political debates continue in contexts such as rule of law proceedings involving Poland and Hungary and discussions about treaty modernization in response to geopolitical challenges including relations with China and the United States.

Category:European Union treaties