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Treaty of Lisbon

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 all EU member states on 13 December 2007, entered into force on 1 December 2009.[2] 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.[3] It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).

For earlier treaties known as the Treaty of Lisbon, see Treaty of Lisbon (disambiguation).

Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community

Amends existing treaties
(EURATOM, TFEU and TEU)

13 December 2007

Lisbon, Portugal

18 December 2007[1]

1 December 2009

Government of Italy

Prior amendment treaty:
Nice Treaty (2001)
Subsequent amendment treaty: not yet proposed

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 (2001) with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action".[4] 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,[5] and weaken democracy by "moving power away" from national electorates.[6] 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.


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[7][8] and then by 61% of Dutch voters on 1 June 2005.[9] 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.[10][11]

21–23 June 2007: European Council meeting in Brussels, mandate for (IGC)

Intergovernmental Conference

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

the .

European Atomic Energy Community

Despite the acquisition by the European Union of full international legal personality upon entry of the Treaty of Lisbon into force, the EU has not achieved a truly unitary personality. One of the European Communities has remained a distinct international body, though under common management with the EU, namely:


Moreover, one of the EU institutions has retained partial independence at the international level, and has been considered under certain conditions a distinct international body empowered with entering treaties, namely:


In addition, a number of bodies created by dedicated treaties continue to exist as international entities technically in their own right, but are nevertheless considered facets of the EU, as their membership is legally restricted exclusively to EU members and subject to termination in case of withdrawal of a member state from the EU, while their constituent treaties vest various powers regarding them in the EU institutions; these bodies are:


In the internal relations within EU, its legal personality is fragmented further, as each of the agencies, decentralised independent bodies, corporate bodies and joint undertakings of the European Union and the Euratom is considered a juridical person in its own right, distinct from the legal personality of EU as a whole.

allow the Council of Ministers to act on the basis of qualified majority in areas where they previously had to act on the basis of unanimity. (This is not available for decisions with defence or military implications.)

allow for legislation to be adopted on the basis of the ordinary legislative procedure where it previously was to be adopted on the basis of a special legislative procedure.

History of the European Union

Signing of the Treaty of Lisbon

Treaties of the European Union

Timeline of European Union history

Three pillars of the European Union

Agarunova, Sabina, ed. Could the Lisbon Treaty bring the EU and its institutions closer towards democracy and reduce the democratic deficit? (2016)

excerpt

Huang, Chen-Yu. "The UK and the Ratification of the Treaty of Lisbon—A Liberal Intergovernmentalist Analysis." EurAmerica 44.2 (2014).

Dougan, Michael. "The Treaty of Lisbon 2007: Winning minds, not hearts." Common Market Law Review 45.3 (2008): 617–703.

Kiiver, Philipp. "The Treaty of Lisbon, the national parliaments and the principle of subsidiarity." Maastricht Journal of European and Comparative Law 15.1 (2007): 77–83 .

online

Pernice, Ingolf. "The Treaty of Lisbon: multilevel constitutionalism in action." Columbia Journal of European Law 15 (2008): 349–408 .

online

Piris, Jean-Claude. The Lisbon Treaty: A Legal and Political Analysis (2010)

excerpt

Official websites


Media overviews