Transcript Slide 1

The Law of the Lisbon Treaty
Irish Centre for European Law Conference
The Institutional Side of the
Treaty of Lisbon: an Irish
Perspective
Dr. Gavin Barrett
School of Law, University College Dublin
Irish Centre for European Law Conference
Treaty of Lisbon Reforms
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Institutional Reforms
Reforms Relating to Democracy and
Human Rights
Reforms relating to the CFSP and to
Justice and Home Affairs
‘Other’ Reforms
Irish Centre for European Law Conference
Preliminary Observations
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Post-Lisbon Two Treaties
Effectively, Two Pillars: because CFSP
In a Separate Treaty
Unanimity predominates
Competence to adopt legislation expressly
excluded (Article 24 TEU)
Special role for High Representative
Marginal Influence for Commission and European
Parliament
Virtual Exclusion of European Court of Justice
Flexibility Clause Can Not Be Deployed
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The Institutions at Present
Article 7 EC Treaty (current)
“1. The tasks entrusted to the Community
shall be carried out by the following
institutions:
— a EUROPEAN PARLIAMENT,
— a COUNCIL,
— a COMMISSION,
— a COURT OF JUSTICE,
— a COURT OF AUDITORS.”
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Two Further Institutions PostLisbon
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European Council
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European Central Bank
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Main Points of Interest
(1) The Commission and the Treaty of Lisbon
(2) The Council and the Treaty of Lisbon
(3) The European Council and the Treaty of Lisbon
(4) The European Parliament and the Treaty of Lisbon
(5) The European Court of Justice and the Treaty of Lisbon
(6) High Representative for Foreign Affairs and Security Policy
(7) National parliaments and the Treaty of Lisbon
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The Commission
Article 213 of the present EC Treaty
(as substituted by Article 4(2) of the Protocol on the
enlargement of the European Union)
Provides that at the time of the appointment of the next
Commission (i.e., next November)
“The number of Members of the Commission shall be
less than the number of Member States.The Members
of the Commission shall be chosen according to a
rotation system based on the principle of equality, the
implementing arrangements for which shall be adopted
by the Council, acting unanimously.
The number of Members of the Commission shall be set
by the Council, acting unanimously.”
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Article 17 of the Treaty on European Union (post Lisbon)
“4. The Commission appointed between the date of entry into
force of the Treaty of Lisbon and 31 October 2014, shall
consist of one national of each Member State…
5. As from 1 November 2014, the Commission shall consist of
a number of members, including its President and the High
Representative of the Union for Foreign Affairs and Security
Policy, corresponding to two thirds of the number of
Member States, unless the European Council, acting
unanimously, decides to alter this number.
The members of the Commission shall be chosen from
among the nationals of the Member States on the basis of a
system of strictly equal rotation between the Member
States, reflecting the demographic and geographical range
of all the Member States. This system shall be established
unanimously by the European Council in accordance with
Article 244 of the Treaty on the Functioning of the European
Union.”
Irish Centre for European Law Conference
Brussels European Council, 11-12 December
2008
Presidency Conclusions, Paragraph I(2).
“On the composition of the Commission, the
European Council recalls that the Treaties
currently in force require that the number
of Commissioners be reduced in 2009. The
European Council agrees that provided the
Treaty of Lisbon enters into force, a
decision will be taken, in accordance with
the necessary legal procedures, to the
effect that the Commission shall continue
to include one national of each Member
State.”
Irish Centre for European Law Conference
Election of the Commission President
Article 17(7) of the Treaty on European Union
(post Lisbon)
“Taking into account the elections to the European
Parliament and after having held the appropriate
consultations, the European Council, acting by a
qualified majority, shall propose to the European
Parliament a candidate for President of the
Commission. This candidate shall be elected by
the European Parliament by a majority of its
component members. If he does not obtain the
required majority, the European Council, acting by
a qualified majority, shall within one month
propose a new candidate who shall be elected by
the European Parliament following the same
procedure.”
Irish Centre for European Law Conference
Council of the European Union
Present ‘triple jump’ voting system in the Council:
Article 205 EC Treaty
“2. …Acts of the Council shall require for their adoption at
least [255] votes in favour cast by a majority of the
members where this Treaty requires them to be adopted on
a proposal from the Commission….
…4. When a decision is to be adopted by the Council by a
qualified majority, a member of the Council may request
verification that the Member States constituting the
qualified majority represent at least 62% of the total
population of the Union. If that condition is shown not to
have been met, the decision in question shall not be
adopted.”
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Post Lisbon
Period 1  lasts until 31 October, 2014  Current ‘triple jump’
procedure applies
Period 2  lasts until 31 March 2017.
New definition of QMV+ current triple jump procedure exist together.
New definition of QMV in Article 16(4) of the Treaty on European
Union
“As from 1 November 2014, a qualified majority shall be defined as
at least 55 % of the members of the Council, comprising at least
fifteen of them and representing Member States comprising at
least 65 % of the population of the Union.
A blocking minority must include at least four Council members,
failing which the qualified majority shall be deemed attained.”
Period 3  from 1 April 2017  New definition of QMV applies alone.
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Lawmaking in Public
“8. The Council shall meet in public
when it deliberates and votes on a
draft legislative act. To this end, each
Council meeting shall be divided into
two parts, dealing respectively with
deliberations on Union legislative acts
and non-legislative activities.”
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European Council
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Gains institutional status
Gains decision making powers in
relation to a number of ‘quasiconstitutional’ functions
Gains an individual President
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Article 15
“5. The European Council shall elect its
President, by a qualified majority, for
a term of two and a half years,
renewable once. In the event of an
impediment or serious misconduct,
the European Council can end the
President's term of office in
accordance with the same
procedure.”
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“6. The President of the European Council:
(a) shall chair it and drive forward its work;
(b) shall ensure the preparation and continuity of the work of the
European Council in cooperation with the President of the
Commission, and on the basis of the work of the General Affairs
Council;
(c) shall endeavour to facilitate cohesion and consensus within the
European Council;
(d) shall present a report to the European Parliament after each of the
meetings of the European Council.
The President of the European Council shall, at his level and in that
capacity, ensure the external representation of the Union on issues
concerning its common foreign and security policy, without
prejudice to the powers of the High Representative of the Union for
Foreign Affairs and Security Policy.
The President of the European Council shall not hold a national
office.”
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European Parliament
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Number of MEPs  Principle of
Degressive Proportionality
Benefits e.g., via Extension of
Ordinary Legislative Procedure
Increased Budgetary
Powers
Irish Centre for European Law Conference
European Court of Justice
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Renamed:
Article 19 of the Treaty on European Union (post
Lisbon)
“1. The Court of Justice of the European Union
shall include the Court of Justice, the General
Court and specialised courts. It shall ensure that
in the interpretation and application of the
Treaties the law is observed.”
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New Appointments Procedure
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Extension of Court’s jurisdiction in JHA matters
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High Representative for Foreign
Affairs and Security Policy
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Intended to provide continuity and
cohesion
Double-hatted role Vice-President of the
Commission
 Presiding over
the Foreign Affairs
Council
Possible overlap with role of President of
European Council
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National Parliaments and the
Treaty of Lisbon
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Four specified rights:
The right to police the so-called
‘subsidiarity’ principle
Formal role in drafting any future
foundational Treaties
A direct right to veto certain future
Treaty amendments
Information rights
Irish Centre for European Law Conference
Brussels European Council, 11-12 December 2008
Presidency Conclusions, Paragraph I(2).
3. The European Council has carefully noted the other concerns of the Irish people
presented by the Taoiseach as set out in Annex 1 relating to taxation policy, family,
social and ethical issues, and Common Security and Defence Policy (CSDP) with regard
to Ireland's traditional policy of neutrality. The European Council agrees that, provided
Ireland makes the commitment in paragraph 4, all of the concerns set out in the said
statement shall be addressed to the mutual satisfaction of Ireland and the other
Member States.
The necessary legal guarantees will be given on the following three points:.
• nothing in the Treaty of Lisbon makes any change of any kind, for any Member
State, to the extent or operation of the Union's competences in relation to taxation;
• the Treaty of Lisbon does not prejudice the security and defence policy of Member
States, including Ireland's traditional policy of neutrality, and the obligations of
most other Member States;
• a guarantee that the provisions of the Irish Constitution in relation to the right to
life,education and the family are not in any way affected by the fact that the Treaty of
Lisbon attributes legal status to the EU Charter of Fundamental Rights or by the
justice and home affairs provisions of the said Treaty.
In addition, the high importance attached to the issues, including workers' rights, set out
in paragraph (d) of Annex 1 will be confirmed.
4. In the light of the above commitments by the European Council, and conditional on the
satisfactory completion of the detailed follow-on work by mid-2009 and on
presumption of their satisfactory implementation, the Irish Government is committed
to seeking ratification of the Treaty of Lisbon by the end of the term of the current
Commission.
Irish Centre for European Law Conference
The Law of the Lisbon Treaty
Irish Centre for European Law Conference