Signing of the Lisbon Treaty (December 13, 2007)

The new European treaty, the Treaty of Lisbon, was signed on 13 December 2007 by the Heads of State or Government of the 27 Member States in the Portuguese capital.

This treaty will provide the EU with modern institutions and optimised working methods to tackle both efficiently and effectively today’s challenges in today’s world. It will also reinforce democracy in the EU and its capacity to promote the interests of its citizens on a day-to-day basis. (Source: the European union website)

The Treaty of Lisbon in four points:

1. The Treaty of Lisbon alters the existing treaties but is not a constitutional treaty

The new Treaty alters the treaties that France has ratified since 1957, specifically the Treaty of Rome of 1957, the Single European Act of 1986, the Treaty on the European Union of 1992, the Treaty of Amsterdam of 1997, and the Treaty of Nice of 2000.

The method used to draft this Treaty is in line with the traditional method: it does not entail drafting a new and independent text that gives a constitutional dimension to the European Union.

The Treaty aims to improve the institutional functioning of the European Union and to provide a solid foundation for its actions.

Why do we talk about a simplified treaty? We talk about a "simplified" Treaty because:

The objectives of the Union are set out simply and clearly: peace, the well-being of peoples, an area of freedom, security and justice, full employment, social progress, a highly competitive social market economy, the fight against social exclusion and discrimination, and the protection of citizens (article 1, point 4).

• The major directions of the Treaty are also simple: to adapt the institutions to a Union that now has 27 Member States, to reform the area of freedom, security and justice and the common and foreign security policy, to move to qualified majority voting (support of 55% of the Member States representing 65% of the population of the European Union) in more than 30 areas, to give the Union solid abilities to face the challenges of the future.

• The structure of the Treaty is simple: the first two articles modify the two existing Treaties: the Treaty on the European Union (institutions, closer cooperation, common and foreign security policy, defence policy) and the Treaty on the European Community, which has become the Treaty on the Functioning of the Union, which specifies the Union’s competence and fields of action. Articles 3 through 7 are final provisions, as they are found in all international treaties.

2. The new Treaty takes into consideration the concerns expressed by the French

  Competition is no longer an objective in and of itself on which Union’s policies can be founded.

It can be used as a tool for consumers, to be used among others, and that’s all. While competition is an EU objective in the current Treaties, the new Treaty removes this objective. The objectives of the Union do not mention competition (article 1, point 4, and article 2, point 12 of the Treaty).

  Utilities are protected by a protocol that has the same value as the Treaties (protocol no. 9).

Thanks to this protocol, the Member States will have more room for manoeuvre and will be able to provide, organize and finance utilities, as well as the objective of a high level of quality and guarantee of universal service. It also takes into consideration the diversity of the services of general economic interest and the disparities that may exist in terms of user needs and preferences due to different geographic, social and cultural situations.

Moreover, the Union may adopt a regulation on utilities, with a qualified majority, to guarantee the operating conditions of utilities (article 2, points 18 and 27). These operating conditions will be defined in a positive manner, and no longer by exception to the rules of competition.

  For the first time, the European Union has given itself an objective of protecting its citizens in the context of globalization (article 1, point 4).

  A general social clause requires that the “requirements related to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a level of education, training and human health protection” be taken into consideration in the definition and implementation of all of the Union’s policies (article 2, point 22). The Treaty requires the organization of a tripartite social summit for growth and employment (article 2, point 115).

  The Charter of Fundamental Rights, which guarantees many new social rights, is becoming binding (that is, European citizens can submit the Charter to a judge to have instruments repealed that do not represent it or conflict with the rights it contains).

The Treaty of Lisbon gives the Charter of Fundamental Rights the same value as the Treaties. Specifically, this Charter includes:

• The right of negotiation and collective action,
• The right to social security and social assistance,
• The right to access services of general economic interest,
• Protection against unjustified dismissal.

Accordingly, a measure that would challenge such rights cannot be adopted at European level (article 1, point 8, and Charter of Fundamental Rights).

  The European Union cannot challenge the fundamental balances of our social security system (article 2, point 51)

3. The Treaty of Lisbon makes the institutions of the European Union more democratic and more efficient

• In the Council, the Member States are acquiring a weight that is proportional to their population.

• The Member States will appoint a President of the European Council every two and a half years. This will give the European Council’s work more continuity. The first President will carry out his/her duties after the French presidency of the European union, from 1 July from 31 December 2008, because the new Treaty should come into force on 1 January 2009 after it has been ratified by every Member State.

• The European Parliament elects the President of the Commission, which reinforces the importance of European elections and their influence on the functioning of the Union.

• A right of citizen initiative is created (article 1, pt 12, new article 8 B; article 2, point 37).

• The national parliaments can monitor the actions of the Union, so that it truly acts in the fields in which it can have real value added compared with the action of States, and so that it respects the Member States’ competence in their fundamental policy choices. The national parliaments can deliver “reasoned opinions” collectively to the Commission and the EU legislator, which might result in the Commission withdrawing an initiative. They are encouraged to maintain a dialogue with other national parliaments (protocols no. 1 and 2).

4. The new Treaty allows Europe to regain its ambition, to decide and to act for citizens.

The Treaty is not an end in itself: it is a tool that allows the Union to launch policies that the citizens expect.

  The new Treaty allows the Union to function better in strategic areas.

In the extension of the Treaties of Nice and Amsterdam, the new Treaty makes it possible to make qualified majority decisions in 30 major areas of action, including the fight against climate change, energy and energy solidarity, research, integration and the fight against discrimination, emergency humanitarian assistance, the fight against organized crime and terrorism.

  The external activities policy, the defence policy and the “area of freedom, security and justice” policy are reformed.

Only a strong Europe can enable us to enter into a peer-to-peer dialogue with our partners (United States, Russia, China, Japan, Brazil, etc.). With the new Treaty, the establishment of a High Representative for Foreign Affairs and Security Policy will enable the European Union to speak on behalf of the European institutions in international fora when the Union will have adopted common positions. It will be responsible to both the Member States and the European Parliament.

In the area of defence, the most committed Member States will be able to work together effectively to carry out the most demanding crisis management missions (“structured cooperation”).

Union is acquiring new competences in terms of disarmament, military assistance and council, conflict prevention and post-conflict stabilization (article 1, point 47).

A new European area of freedom, security and justice is created. Common definitions of Euro-crimes (terrorism, money laundering, trafficking in human beings, weapons smuggling, organized crime, etc.) may be adopted.

• Criminal investigations and proceedings will be better coordinated by Eurojust, a European group of judges, which may possibly become a European prosecutor’s office. The judges will be able to act better in criminal investigations and will no longer come up against borders.

• Police departments will be able to work together better to identify terrorists and traffickers. The powers of Europol will be strengthened progressively (Europol is currently governed by an international convention and any modification of its powers requires lengthy diplomatic negotiations and ratification by the 27 Member States).

• A common system for processing requests for asylum will be established and the status of asylum seekers will be harmonized. Interim measures may be defined in the event a State receives a massive number of refugees, in the context of clarified shared responsibility. An integrated management system for borders will be set up.

• Finally, the States will be able to define a genuine common policy on migration and integration, and will be able to develop a common dialogue with the countries of origin (article 2, points 62-68).

  The organization of closer cooperation between the States that want to go farther and carry a specific European project is more flexible (article 1, points 22, 45 and 51)

"Today we sign the Treaty of Lisbon. And the idea that motivates us in this ceremony for the signature is quite simple: to advance the European project. A project that has always been generous in its purposes and ambitious in its objectives. A project that has proven to be at the service of peace, development and the affirmation of the values we share."

More information

  on the European Union website

  on the EU Presidency website

  on the EU Council

  on the Robert Schuman Foundation’s website: in addition to the official text, the Robert Schuman Foundation offers ten pages explaining the main innovations of the treaty.