This is the fifth major reform of the European treaties since the European Economic Community was founded in 1957, and places the European Union on a new footing. The treaty provides for numerous institutional innovations, which will benefit the people of Europe.
The rocky road to EU reform
Photo: Council of the EU
Treaty of LisbonIt is true to say that the many predecessors of the Treaty of Lisbon were also controversial, and were not always ratified immediately. The most recent reform treaty, the Treaty of Nice had just cleared all these barriers in 2001 when the 15 member states realised that it would be impossible to cope with enlargement and the accession of twelve new member states from Central, Eastern and South Eastern Europe without radical reforms.First and foremost the EU had to act to prevent gridlock in its internal and external work. This was made possible by extending majority voting to replace the original system which often required a unanimous decision.
Europe was also to be enabled to speak increasingly with one voice on the foreign policy stage.
And much criticised democratic shortcomings were to be made good. The European Parliament, which represents the people of Europe, was in no way comparable to national parliaments with legislative powers. Confusion with respect to the responsibilities of the Union and member states respectively was also to be eradicated.
European constitution drawn up
It was then decided that the next step should be to draw up a European constitution. The former French President Valery Giscard d’Estaing and his team were contracted by the heads of state and government to produce the draft constitution.
The team comprised well-known representatives of all EU member states. It drew together the provisions of all existing treaties and eradicated the much criticised shortcomings of the European Union. The European symbols, the flag and the anthem, were also incorporated in the constitution.
The 9th May was declared Europe Day, while the motto "united in diversity” was to promote a European identity. In October 2004 the heads of state and government signed the constitution in Rome.
The constitution is shot down
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Designated EU Council President: Herman van RompuyIn 2005, however, the constitution was rejected in referendums in France and the Netherlands. The Europeans took a break to reflect and hoped that Germany, as one of the leading EU nations, would be able to bring new impetus to the reform process.In 2007, under the German presidency, the substance of the constitution was then rescued and a new treaty negotiated. The 27 member states signed this treaty at the end of 2007 in Lisbon (which gave the new treaty its name).
The new treaty does not regulate European symbols as a mark of respect for national sensitivities. On the basis of previous decisions the symbols (flag, anthem, Europe Day) will, however, continue to be used.
Basically the Treaty of Lisbon will effect the progress that the constitution was intended to make. It brings the structures of the European Union into line with the growing number of members. It strengthens the position of the European Parliament, and ensures that the Union takes a clearer line in external dealings, with the new post of a High Representative for Foreign Policy and Security.
All member states must ratify the treaty
Legally, the Treaty of Lisbon modifies the existing EU Treaty and the Treaty Establishing the European Community. The Treaty Establishing the European Community is now entitled the "Treaty on the Functioning of the European Union”.
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High Representative for Foreign Policy and Security: Catherine AshtonSince these are international treaties they had to be ratified by every member state, according to the respective constitutional requirements. Then, and only then, could the new treaty come into force. Almost all EU member states required the national parliament to approve the treaty: In Germany a majority was required in both chambers, the Bundestag and the Bundesrat.Ireland was the only state whose constitution demanded a referendum. When the Irish voted for the first time on 12 June 2008 the majority rejected the Treaty of Lisbon. Thereupon the heads of state and government of the EU decided on 20 June 2008 in Brussels to continue the ratification process in all other countries. After concessions were made to Ireland, the Irish agreed to the treaty in a second referendum. The Czech Republic, Poland and the United Kingdom were accorded exemptions with respect to the charter of basic rights.
Ratification in Germany
In Germany the Basic Law, or constitution, requires European treaties to be approved by both the Bundestag and the Bundesrat. A two-thirds majority is required in each chamber.
On 24 April 2008 the German Bundestag approved the Treaty of Lisbon with 515 votes for and only 58 against. On 23 May 2008 the Bundesrat also approved the text, with 15 federal states voting for and only Berlin abstaining.
Any law to ratify a treaty must be signed by the Federal President and published before it can come into force. Constitutional objections were lodged against the treaty, but the Federal Constitutional Court declared the Treaty of Lisbon to be constitutional on 30 June 2009.
It did, however, find the accompanying legislation to be unconstitutional, because the German Bundestag had too little say in European legislative procedures. Thus the Bundestag and Bundesrat adopted a total of four new accompanying laws in September 2009, in order to meet the terms laid down by the Federal Constitutional Court.
The Federal President then signed the treaty and the pertinent laws, which were published. The certification of ratification was submitted to the Italian government in Rome, where all originals of the European treaties are kept.
