Lisbon treaty

What Is Lisbon Treaty?

The Lisbon Treaty is an international agreement that amends the two primary treaties forming the constitutional basis of the European Union (EU): the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). It is a significant component of International Governance as it reshaped the political and institutional framework of one of the world's largest economic blocs. The Lisbon Treaty aimed to make the EU more democratic, efficient, and transparent, particularly after its enlargement to 27 member states. It notably granted the EU full legal personality, enabling it to sign international agreements.¹⁸ The Treaty also strengthened the role of the European Parliament and introduced a formal withdrawal procedure for member states.¹⁷

History and Origin

The Lisbon Treaty's origins trace back to the rejection of the Treaty establishing a Constitution for Europe (often referred to as the "Constitutional Treaty") in referendums in France and the Netherlands in 2005.¹⁶ This earlier attempt sought to replace all existing EU treaties with a single constitutional text. Following a period of reflection, EU leaders opted for an amending treaty approach rather than a full constitution. The intergovernmental conference tasked with drafting the new reform treaty launched in July 2007.¹⁵

Signed in Lisbon, Portugal, on December 13, 2007, the Lisbon Treaty aimed to implement many of the institutional and policy reforms initially envisioned in the Constitutional Treaty. It came into force on December 1, 2009, after all 27 member states had ratified it.¹⁴,¹³ Ireland was the only member state to hold a national referendum on the Treaty, initially rejecting it in June 2008 before approving it in a second vote in October 2009, following certain concessions.

Key Takeaways

The Lisbon Treaty reformed the institutional structure of the European Union to enhance its efficiency and democratic legitimacy.
It granted the EU full legal personality, strengthening its role on the global stage.¹²
The Treaty extended qualified majority voting in the Council of Ministers to many new policy areas.
It significantly increased the legislative powers of the European Parliament, placing it on a more equal footing with the Council in most areas.¹¹
The Lisbon Treaty also made the EU's Charter of Fundamental Rights legally binding, enshrining a range of political, social, and economic rights.

Interpreting the Lisbon Treaty

The Lisbon Treaty is not a standalone document but rather an amending treaty that modifies existing EU treaties. Its impact is interpreted through how it reshaped decision-making processes, particularly by increasing the use of qualified majority voting within the Council and expanding the powers of the European Parliament. For instance, the Treaty clarified the distribution of competences between the European Union and its member states, categorizing them into exclusive, shared, and supporting competences.¹⁰ This distinction influences where the EU alone can legislate versus where member states retain significant authority, affecting areas like economic policy and fiscal policy. The Treaty's provisions are also interpreted in relation to fundamental principles like subsidiarity, which dictates that decisions should be taken at the lowest possible level of governance.

Hypothetical Example

Consider a hypothetical scenario where the European Union needs to pass a new directive on environmental standards affecting the single market. Before the Lisbon Treaty, such a directive might have required unanimous approval in the Council for certain sensitive areas, or a more limited role for the European Parliament under the consultation procedure.

With the Lisbon Treaty in force, this type of environmental legislation typically falls under the ordinary legislative procedure (formerly co-decision). This means:

The European Commission proposes the directive.
Both the European Parliament and the Council of the European Union (representing member state governments) must approve the proposal on an equal footing.
In the Council, the directive would likely be adopted by qualified majority voting, meaning it needs the support of 55% of member states representing at least 65% of the EU population. This makes it harder for a single country to block legislation.
The European Parliament, with its enhanced parliamentary oversight, can propose amendments, block the legislation, or ultimately approve it. This increased democratic input means that citizens' representatives have a stronger say in shaping the final law.

This shift streamlines the legislative process for many areas and increases democratic accountability by giving the directly elected European Parliament more power.

Practical Applications

The Lisbon Treaty has numerous practical applications across various facets of European Union operations:

Decision-Making Efficiency: By extending qualified majority voting to almost 50 new policy areas, including agriculture and justice, the Treaty made it easier for the EU to take decisions, especially with a larger number of member states.⁹ This is crucial for enacting coherent economic policy and monetary policy.
Enhanced External Action: The creation of the High Representative of the Union for Foreign Affairs and Security Policy, along with a European External Action Service, aimed to give the EU a more unified and influential voice on the global stage. This allows for a more cohesive common foreign and security policy.
Democratic Accountability: The strengthened role of the European Parliament, which now co-legislates on almost all EU laws and elects the President of the European Commission, brings greater democratic legitimacy to EU decision-making.⁸ Furthermore, national parliaments gained a new role in scrutinizing EU legislative proposals, especially concerning subsidiarity.⁷
Legal Clarity: The Treaty clarified the division of competences between the EU and its member states and made the Charter of Fundamental Rights legally binding, providing a clearer legal framework for citizens and institutions alike.⁶ The official text can be found via EUR-Lex, the gateway to EU law.⁵

Limitations and Criticisms

Despite its aims, the Lisbon Treaty has faced limitations and criticisms. One common critique relates to its complexity; rather than simplifying the existing body of treaty law, it further amended and layered upon previous treaties, making the EU's constitutional framework challenging to navigate for non-experts.

Some critics argue that while the Treaty enhanced democratic accountability through the European Parliament, it did not fully address the perceived "democratic deficit" of the EU. Concerns have been raised about the increased power of non-elected bodies and the impact on national sovereignty. For instance, the expansion of qualified majority voting means that individual member states can be outvoted on issues they consider vital, which some view as an erosion of national control.⁴

Furthermore, the Treaty's provisions for intergovernmental cooperation, particularly in areas like foreign policy, still rely heavily on member states' willingness to act collectively, which can limit the EU's effectiveness in global crises.³ The process of its ratification also highlighted internal divisions and public skepticism within some member states regarding further European integration.

Lisbon Treaty vs. Treaty on European Union

The Lisbon Treaty is often discussed in relation to the Treaty on European Union (TEU) because it fundamentally amends it, alongside the Treaty on the Functioning of the European Union (TFEU). The key distinction is that the Treaty on European Union (originally known as the Maastricht Treaty) is one of the foundational pillars of the EU, establishing its political objectives, institutions, and the framework for a common foreign and security policy. The Lisbon Treaty, on the other hand, is an amending treaty. It did not replace the TEU (or the TFEU) but instead introduced significant modifications to enhance the efficiency, transparency, and democratic legitimacy of the European Union's governance, particularly after its enlargements. Therefore, understanding the Lisbon Treaty requires an appreciation that it is an evolution of, rather than a standalone replacement for, the foundational Treaty on European Union.

FAQs

What was the main purpose of the Lisbon Treaty?

The main purpose of the Lisbon Treaty was to improve the efficiency, legitimacy, and coherence of the European Union following successive enlargements, particularly with 27 member states. It aimed to streamline decision-making processes, strengthen the role of the European Parliament, and give the EU a stronger voice on the global stage.

Did the Lisbon Treaty create a constitution for Europe?

No, the Lisbon Treaty did not create a formal constitution for Europe. It was designed as an amending treaty to existing EU treaties (the Treaty on European Union and the Treaty on the Functioning of the European Union) after a previous attempt to establish a constitutional treaty was rejected. It incorporates many of the institutional reforms envisioned in the failed Constitutional Treaty but does so by modifying existing frameworks.²

How did the Lisbon Treaty change decision-making in the EU?

The Lisbon Treaty significantly altered decision-making by extending the use of qualified majority voting in the Council of Ministers to numerous new policy areas. It also dramatically increased the legislative powers of the European Parliament, making it a co-legislator with the Council in most policy domains. This shift enhanced the democratic accountability and efficiency of the legislative process for the supranational organization.¹

What are some of the key institutional reforms introduced by the Lisbon Treaty?

Key institutional reforms included the creation of a long-term President of the European Council, the establishment of the High Representative of the Union for Foreign Affairs and Security Policy, and the formal recognition of the European Council as an official EU institution. It also clarified the competences of the EU and made the Charter of Fundamental Rights legally binding.