Constitutional Treaty, Lisbon Treaty Flashcards
Context/why CT
There were leftover issues from the Nice Treaty. They had to legitimise the EU due to Euroscepticism and referenda. There were subsidiarity issues in the form of a delineation of competences of EU member states. The EU became more complex, so who does what? The issue of the legal status of the Charter of Fundamental Rights and to simplify treaties without changing the substance.
International context of 9/11 and war on terror which dominated the international context. Matters for EU because of NATO, attack on one member is an attack against all; EU response caused divide, some member states were willing to help the US and others weren’t.
How would the CT happen
Laeken declaration in 2001. The goal here was to bring citizens closer to the EU by democratising and legitimising, simplifying political system in an enlarged union and turning the EU into stabilising factor and model in world.
This would be done by a convention, IGC and a European Constitution. This was a different procedure; a convention wasn’t usually first.
How was the CT convention set up?
There were national government representatives and national parliament representatives. Candidate member states and commission representatives as well with D’Estaing as chairman. This was done because only government representatives wasn’t as legitimate.
CT convention
Goal was optimising the EU legitimacy part of the diabolic triangle. There was, however, a weak Commission. National parliaments were new and thus inexperienced and uncoordinated. EP’s field so this gave them more legitimacy, national governments don’t get too involved because an IGC will follow. The convention was mostly for show, as only the national governments of member states have to accept it in the end.
It was constitutional because they came with an anthem and a flag. Came with a President of the EU to fix the Xi Jinping problem. Binding Charter of Fundamental Rights instead of non-binding. Legal acts = laws. No more IGCs, just conventions.
Why did the Constitutional Treaty fail?
Failed because of politisation due to referenda (NL and France) –> UK EU presidency said to stop ratification and have reflection pause.
Dutch referendum was not prepared, first referendum. Fear EU constitution is gonna be more important than national constitution.
Another reason for the no is Turkey applying for EU membership, countries were against it
Old Treaty stuff is on the table again, people voting against because it’s the first time they heard of these.
Context/why Lisbon Treaty
Continuation after reflection pause of the Constitutional Treaty.
How did the Lisbon Treaty happen?
After UK presidency German presidency to prepare recommendations on institutional issues
German pendulum diplomacy (Merkel): wait for depoliticisation and proposes a small, technical agenda of QMV reform with a stronger role for national parliament and limited competences of the EU in taxation and social policy.
Franco-German engine: When France and Germany agree on something together, they can almost always get all the other member states on board, Merkel and Sarkozy.
Sarkozy in office in 2007, within a year new draft Treaty, start IGC, agreement and signing of TEU/TFEU (Treaty on European Union (roof) –> what is the EU, Treaty of Functioning EU (policies) –> pillars)
What changed in the Lisbon Treaty compared to CT?
Not constitutional, but amending treaties (not replacing)
Terminology (constitutional stuff, legal acts etc.)
Charter of fundamental rights = declaration (not binding)
Two new treaties: TEU and TFEU
What changed in the Lisbon Treaty compared to Nice when it comes to the decision-making part of the diabolic triangle?
Extension of decision-making by QMV
QMV: 55% MS, 65% pop. Reform because small countries with small population had same power as big countries
President European Council (non-rotating)
Stronger High Representative of the Union and a stronger EEAS
What changed in the Lisbon Treaty compared to Nice when it comes to the legitimacy part of the diabolic triangle?
EP co-legislator in 95% of cases (OLP) = co-decision
Largest party in EP determines political colour of Commission president
Right of initiative for EU citizens –> if EU citizens want to put something on the agenda they can by getting 1 million signatures
What changed in the Lisbon Treaty compared to Nice when it comes to the national control part of the diabolic triangle?
Clear delineation of competences: exclusive, shared and supported (support means EU has no right to meddle in that policy area) (replace pillars)
Yellow card procedures for breaching subsidiarity principle
European Council strengthened: broad guidance formalised
Exit procedure
Aftermath of the Lisbon Treaty
Ratification issues:
Ireland referendum, 53% no with 53% turnout
Germany 2009 unsuccessful constitutional court challenge (does the Treaty infringe with German constitution?): Bundestag urgers government to pay more attention when it comes to EU integration
Czech Republic refuses to sign because of the Charter of Fundamental Rights over Benes decrees. (After war a lot of Germans in Czech, all Germans got kicked out –> fear document can be used to contest this. They got an opt-out for this.)
Issues resolved by 2009
