WEEK 4: The European Constitution and the Treaty of Lisbon

Question 1

What did the Nice Treaty in 2001 do?

Answer 1

-Extended range of things subject to QMV

Essentially

Question 2

What was the Debate on the Future of Europe (March 2001)?

Answer 2

An EU consultation process opened by Swedish Presidency at the time
( Swedish Prime Minister, Göran Persson)

-further reforms were needed to make the EU Treaties and processes understandable to all EU citizen

Question 3

What was the Laeken Declaration (15 Dec 2001)

Answer 3

A declaration in discussing the reforms of the EU

“Fifty years on, however, the Union stands at a crossroads, a defining moment in its existence”

Need for a more democratic and effective EU

-Leads to the Convention on the Future of Europe

Question 4

What was the Convention on the Future of Europe?

Answer 4

• Purpose to: produce a draft constitution for the European Union for the Council to finalise and adopt (Similar to Philadelphia Conference when US created its constitution)
• Assembly formed by EP members, representatives of governments, members of NPs, representatives from the Commission and the candidate countries

Question 5

What was the intention behind the Thessaloniki European Council (2003)?

Answer 5

• To negotiate on the draft constitution built by the convention on the future of europe

Question 6

What happened at the Thessaloniki European Council (2003)?

Answer 6

• No member state was willing to adopt the draft without amendment, several with serious reservations about its content
• However after a cooling off period and changes in government (Spain) and domestic policy positions (Portugal) – negotiations resumed and agreement was reached
• Leading to the Brussels European Council

Question 7

What was the Brussels European Council (2004)?

Answer 7

-2nd Stage in the negotiations on the draft constitution

Question 8

What happened at the Brussels Council?

Answer 8

-Adopted the treaty in turn establishing constitution for Europe

Question 9

When was the Constitutional Treaty signed?

Answer 9

-29th October 2004 signed in Rome

Question 10

What were the changes brought about in the Constitutional Treaty?

Answer 10

• Abolishes the pillar structure opting for a single union
• Extension of QMV on issues and double majority
• Extension of Co decision (renamed OLP)
• EU council given permanent president
• Post for Union minister for foreign affairs created
• Created a list of competences that only the EU can do and what the EU can’t

Question 11

What is Double Voting?

Answer 11

-majority of votes according to two separate criteria.

Question 12

What is the Co-decision procedure?

Answer 12

European Parliament and the Council of the EU have to jointly agree on legislation

Question 13

What are the 3 different types of Competences behind the EU?

Answer 13

1. Executive Competences
   Where the EU alone can legislate
   e.g monetary policy for eurozone members
2. Shared Competences
   The EU and EU countries are able to legislate and adopt legally binding acts. (EU countries exercise their own competence where the EU does not exercise, or has decided not to exercise)
   e.g. Agriculture
3. Supporting Competences
   EU can only intervene to support EU country choices
   e.g. Culture,Tourism

Question 14

What were the approaches given to ratify the Constitutional Treaty in the EU Countries?

Answer 14

1. Referendum

2. Parliamentary Vote

Question 15

What countries began to ratify? (EXAMPLES)

Answer 15

Lithuanian parliament ratified in November 2004 ; Hungary and Slovenia ratified in Parliament in 2005; Spain ratified by referendum in February 2005

Question 16

Why did France and Neherlands reject the constitution in 2005?

Answer 16

Anti-Muslim sentiment, opposition to EU membership for Turkey and fears over losing control of immigration policy

Question 17

What was the 1st Lisbon treaty about and what did it implement?

Answer 17

• Signed in Dec 2007
• The Community disappears and the Union becomes the sole structure of integration

-Removal of idea of a super state
(the treaty clearly states that the EU is a body based on powers conferred by member states, enshrined in the treaties and subject to subsidiarity and proportionality)

• EU policies are expanded – Main change is that JHA(Justice and Home Affairs) (former third pillar) no longer subject to intergovernmental procedures but is now part of the Community method
• Codecision is made the Ordinary Legislative Process
• QMV is substantially extended

Question 18

What did the second Lisbon Treay implement?

Answer 18

• QMV to be made on double majority of member states (55%) and populations represented (65%)
• Member states retained unanimity in areas like tax harmonisation, criminal matters, social securiy
• New emphasis on values and rights. (Charter of Fundamental Rights given legal status)
• Provision for citizen initiative and new powers of scrutiny for National Parliament

Question 19

What did the 3rd Lisbon Treaty establish?

Answer 19

• European Parliament receives extra powers over budget and treaty changes
• European Council strengthened and formalised as an institution
• Comission gains expanded role in area of freedom, security and justice

-Comission size in 2014 to be reduced to 2/3 of the member states (postponed in May 2013)