THE TREATY OF LISBON, THE EUROPEAN CONSTITUTION

Today, The Grandma has been reading about the Treaty of Lisbon, the constitutional basis of the European Union, that was signed on a day like today in 2007.

The Treaty of Lisbon, initially known as the Reform Treaty, is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU).

The Treaty of Lisbon, which was signed by the EU member states on 13 December 2007, entered into force on 1 December 2009.

It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU.

It also amends the attached treaty protocols, as well as the Treaty establishing the European Atomic Energy Community (EURATOM).

Prominent changes included the move from unanimity to qualified majority voting in at least 45 policy areas in the Council of Ministers, a change in calculating such a majority to a new double majority, a more powerful European Parliament forming a bicameral legislature alongside the Council of Ministers under the ordinary legislative procedure, a consolidated legal personality for the EU and the creation of a long-term President of the European Council and a High Representative of the Union for Foreign Affairs and Security Policy.

The Treaty also made the Union's bill of rights, the Charter of Fundamental Rights, legally binding. For the first time, the treaty gave member states the explicit legal right to leave the EU, and established a procedure by which to do so.

The stated aim of the treaty was to complete the process started by the Treaty of Amsterdam (1997) and by the Treaty of Nice, with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action.

Opponents of the Treaty of Lisbon, such as former Danish Member of the European Parliament (MEP) Jens-Peter Bonde, argued that it would centralize the EU, and weaken democracy by moving power away from national electorates. Supporters argue that it brings more checks and balances into the EU system, with stronger powers for the European Parliament and a new role for national parliaments.

More information: European Parliament

Negotiations to modify EU institutions began in 2001, resulting first in the proposed Treaty establishing a Constitution for Europe, which would have repealed the existing European treaties and replaced them with a constitution.

Although ratified by a majority of member states, this was abandoned after being rejected by 55% of French voters on 29 May 2005 and then by 61% of Dutch voters on 1 June 2005.

After a period of reflection, member states agreed instead to maintain the existing treaties and amend them, to bring into law a number of the reforms that had been envisaged in the abandoned constitution. An amending reform treaty was drawn up and signed in Lisbon in 2007.

It was originally intended to have been ratified by all member states by the end of 2008. This timetable failed, primarily due to the initial rejection of the Treaty in June 2008 by the Irish electorate, a decision which was reversed in a second referendum in October 2009 after Ireland secured a number of concessions related to the treaty.

The need to review the EU's constitutional framework, particularly in light of the accession of ten new Member States in 2004, was highlighted in a declaration annexed to the Treaty of Nice in 2001. The agreements at Nice had paved the way for further enlargement of the Union by reforming voting procedures.

The Laeken declaration of December 2001 committed the EU to improving democracy, transparency and efficiency, and set out the process by which a constitution aiming to achieve these goals could be created. The European Convention was established, presided over by former French President Valéry Giscard d'Estaing, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. The final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Ireland.

Until the Lisbon Treaty, the EU did not have any explicit law respecting the foreign investment regulations.

The Constitution, having been agreed by heads of government from the 25 Member States, was signed at a ceremony in Rome on 29 October 2004. Before it could enter into force, however, it had to be ratified by each member state. Ratification took different forms in each country, depending on the traditions, constitutional arrangements, and political processes of each country.

In 2005, referendums held in France and the Netherlands rejected the European Constitution. While the majority of the Member States already had ratified the European Constitution, mostly through parliamentary ratification, although Spain and Luxembourg held referendums, due to the requirement of unanimity to amend the treaties of the EU, it became clear that it could not enter into force. This led to a period of reflection and the political end of the proposed European Constitution.

In 2007, Germany took over the rotating EU Presidency and declared the period of reflection over. By March, the 50th anniversary of the Treaties of Rome, the Berlin Declaration was adopted by all Member States. This declaration outlined the intention of all Member States to agree on a new treaty in time for the 2009 Parliamentary elections, that is, to have a ratified treaty before mid-2009.

More information: Fondation Robert Schuman

Already before the Berlin Declaration, the Amato Group (officially the Action Committee for European Democracy, ACED) -a group of European politicians, backed by the Barroso Commission with two representatives in the group-worked unofficially on rewriting the Treaty establishing a Constitution for Europe, EU Constitution.

On 4 June 2007, the group released their text in French -cut from 63,000 words in 448 articles in the Treaty establishing a Constitution for Europe to 12,800 words in 70 articles.  In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty:

-21–23 June 2007. European Council meeting in Brussels, mandate for Intergovernmental Conference (IGC)

-23 July 2007. IGC in Lisbon, text of Reform Treaty

-7–8 September 2007. Foreign Ministers' meeting

-18–19 October 2007. European Council in Lisbon, final agreement on Reform Treaty

-13 December 2007. Signing in Lisbon

-1 January 2009. Intended date of entry into force

More information: Proyectos

The fundamentals of the Constitution have been maintained

in large part…
We have renounced everything

that makes people think of a state,
like the flag and the national anthem.

Angela Merkel

MAASTRICHT TREATY, LEAD TO THE CREATION OF THE EU

The Grandma visits Maastricht

Today, The Grandma has flown to The Netherlands to commemorate the 28th anniversary of the signature of the Maastricht Treaty, also and officially known as the Treaty on European Union. This treaty signed by the members of the European Communities was the beginning of a further European integration.

European Union could be a great union of nations if its members are able to respect each other, attend its obligations and accomplish its rules. Nowadays, the European Union is under a great age of transformation after the Brexit and the rising of the ancient nations that claim their rights and reclaim respect and comprehension.

The Maastricht Treaty, officially the Treaty on European Union, was a treaty signed on 7 February 1992 by the members of the European Communities in Maastricht, Netherlands, to further European integration.

On 9–10 December 1991, the same city hosted the European Council which drafted the treaty. The treaty founded the European Union and established its pillar structure which stayed in place until the Lisbon Treaty came into force in 2009. The treaty also greatly expanded the competences of the EEC/EU and led to the creation of the single European currency, the euro.

The Maastricht Treaty reformed and amended the treaties establishing the European Communities, the EU's first pillar. It renamed European Economic Community to European Community to reflect its expanded competences beyond economic matters.

More information: Europa

The Maastricht Treaty also created two new pillars of the EU on Common Foreign and Security Policy and Cooperation in the Fields of Justice and Home Affairs (respectively the second and third pillars), which replaced the former informal intergovernmental cooperation bodies named TREVI and European Political Cooperation on EU Foreign policy coordination.

The Maastricht Treaty (TEU) and all pre-existing treaties has subsequently been further amended by the treaties of Amsterdam (1997), Nice (2001) and Lisbon (2007). Today it is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on the Functioning of the European Union.

European Union Flags

While the current version of the TEU entered into force in 2009, following the Treaty of Lisbon (2007), the older form of the same document was implemented by the Treaty of Maastricht (1992).

The signing of the Treaty of Maastricht took place on 7 February 1992.

The Dutch government, by virtue of holding Presidency of the Council of the European Union during the negotiations in the second half of 1991, arranged a ceremony inside the government buildings of the Limburg province on the river Maas (Meuse).

Representatives from the twelve member states of the European Communities were present, and signed the treaty as plenipotentiaries, marking the conclusion of the period of negotiations.

Only three countries held referendums (France, Denmark and Ireland -all required by their respective constitutions). The process of ratifying the treaty was fraught with difficulties in three states.

More information: Maastricht Working on Europe

In Denmark, the first Danish Maastricht Treaty referendum was held on 2 June 1992 and ratification of the treaty was rejected by a margin of 50.7% to 49.3%. Subsequently, alterations were made to the treaty through the addition of the Edinburgh Agreement which lists four Danish exceptions, and this treaty was ratified the following year on 18 May 1993 after a second referendum was held in Denmark, with legal effect after the formally granted royal assent on 9 June 1993.

In September 1992, a referendum in France only narrowly supported the ratification of the treaty, with 50.8% in favour. This narrow vote for ratification in France, known at the time as the 'petite oui', led Jacques Delors to comment that Europe began as an elitist project in which it was believed that all that was required was to convince the decision-makers. That phase of benign despotism is over.

Maastricht, The Netherlands

In the United Kingdom, an opt-out from the treaty's social provisions was opposed in Parliament by the opposition Labour and Liberal Democrat MPs and the treaty itself by the Maastricht Rebels within the governing Conservative Party.

The number of rebels exceeded the Conservative majority in the House of Commons, and thus the government of John Major came close to losing the confidence of the House. In accordance with British constitutional convention, specifically that of parliamentary sovereignty, ratification in the UK was not subject to approval by referendum. Despite this, the British constitutional historian Vernon Bogdanor suggests that there was a clear constitutional rationale for requiring a referendum based on the allocation of legislative power.

At the end of January 2020 (GMT), the UK left the EU and so withdrew from this Treaty.

The TEU entered into force on 1 November 1993. The treaty led to the creation of the euro. One of the obligations of the treaty for the members was to keep sound fiscal policies, with debt limited to 60% of GDP and annual deficits no greater than 3% of GDP. This obligation has not been met, with debt to GDP levels increasing steadily in most countries in eurozone since the treaty was signed with the average for the zone standing at 85%, and much higher for some countries, e.g. France, where debt to GDP ratios reached 98% in 2019, or Greece at 181%.

The treaty also created what was commonly referred to as the pillar structure of the European Union.

More information: News Beezer

The treaty established the three pillars of the European Union -one supranational pillar created from three European Communities (which included the European Economic Community (EEC), the European Coal and Steel Community and the European Atomic Energy Community), the Common Foreign and Security Policy (CFSP) pillar, and the Justice and Home Affairs (JHA) pillar. 

The first pillar was where the EU's supra-national institutions -the Commission, the European Parliament and the European Court of Justice- had the most power and influence. The other two pillars were essentially more intergovernmental in nature with decisions being made by committees composed of member states' politicians and officials.

Maastricht, The Netherlands

All three pillars were the extensions of existing policy structures. The European Community pillar was the continuation of the European Economic Community with the Economic being dropped from the name to represent the wider policy base given by the Maastricht Treaty.

Coordination in foreign policy had taken place since the beginning of the 1970s under the name of European Political Cooperation (EPC), which had been first written into the treaties by the Single European Act but not as a part of the EEC. 

While the Justice and Home Affairs pillar extended cooperation in law enforcement, criminal justice, asylum, and immigration and judicial cooperation in civil matters, some of these areas had already been subject to intergovernmental cooperation under the Schengen Implementation Convention of 1990.

The creation of the pillar system was the result of the desire by many member states to extend the European Economic Community to the areas of foreign policy, military, criminal justice, and judicial cooperation. This desire was set off against the misgivings of other member states, notably the United Kingdom, over adding areas which they considered to be too sensitive to be managed by the supra-national mechanisms of the European Economic Community.

More information: All Time Lists

The agreed compromise was that instead of renaming the European Economic Community as the European Union, the treaty would establish a legally separate European Union comprising the renamed European Economic Community, and the inter-governmental policy areas of foreign policy, military, criminal justice, judicial cooperation.

The structure greatly limited the powers of the European Commission, the European Parliament and the European Court of Justice to influence the new intergovernmental policy areas, which were to be contained with the second and third pillars: foreign policy and military matters (the CFSP pillar) and criminal justice and cooperation in civil matters (the JHA pillar).

Treaty on European Union

In addition, the treaty established the European Committee of the Regions (CoR). CoR is the European Union's (EU) assembly of local and regional representatives that provides sub-national authorities with a direct voice within the EU's institutional framework.

The Maastricht criteria (also known as the convergence criteria) are the criteria for European Union member states to enter the third stage of European Economic and Monetary Union (EMU) and adopt the euro as their currency.

The four criteria are defined in article 121 of the treaty establishing the European Community. They impose control over inflation, public debt and the public deficit, exchange rate stability and the convergence of interest rates.

More information: European Central Bank

1. Inflation rates. No more than 1.5 percentage points higher than the average of the three best performing (lowest inflation) member states of the EU.

2. Government finance.

Annual government deficit.

The ratio of the annual government deficit to gross domestic product (GDP) must not exceed 3% at the end of the preceding fiscal year. If not, it is at least required to reach a level close to 3%. Only exceptional and temporary excesses would be granted for exceptional cases.

Government debt.

The ratio of gross government debt to GDP must not exceed 60% at the end of the preceding fiscal year. Even if the target cannot be achieved due to the specific conditions, the ratio must have sufficiently diminished and must be approaching the reference value at a satisfactory pace.

As of the end of 2014, of the countries in the Eurozone, only Estonia, Latvia, Lithuania, Slovakia, Luxembourg, and Finland still met this target.

3. Exchange rate. Applicant countries should have joined the exchange-rate mechanism (ERM II) under the European Monetary System (EMS) for two consecutive years and should not have devalued its currency during the period.

4. Long-term interest rates. The nominal long-term interest rate must not be more than 2 percentage points higher than in the three lowest inflation member states.

The purpose of setting the criteria is to maintain price stability within the Eurozone even with the inclusion of new member states.

Download Treaty on European Union (Maastricht, 1992)

Diversity?

Undoubtedly  it  is  correct to  say  that  Europe 

thrives  on  its  diversity. 

We  want  to  preserve  the  differences  between 

our  nations, between  the  regions  of  Europe, 

the  diversity  of  languages  and  mentalities. 

We   cannot  and  will  not  harmonize 

everything  which  could  be  harmonized.

Angela Merkel