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The Treaty of Lisbon Load fact sheet in pdf format This factsheet presents the background and essential provisions of the Treaty of Lisbon. The objective is to provide a historical context for the emergence of this latest fundamental EU text from those which came before it. The specific provisions (with article references) and their effects on European Union policies are explained in more detail in the factsheets dealing with particular policies and issues. Legal basis Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (OJ C 306, 17.12.2007); entry into force on 1 December 2009. History The Lisbon Treaty started as a constitutional project at the end of 2001 (European Council declaration on the future of the European Union, or Laeken declaration), and was followed up in 2002 and 2003 by the European Convention which drafted the Treaty establishing a Constitution for Europe (Constitutional Treaty) (1.1.4). The process leading to the Lisbon Treaty is a result of the negative outcome of two referenda on the Constitutional Treaty in May and June 2005, in response to which the European Council decided to have a two-year ‘period of reflection’. Finally, on the basis of the Berlin declaration of March 2007, the European Council of 21 to 23 June 2007 adopted a detailed mandate for a subsequent Intergovernmental Conference (IGC), under the Portuguese presidency. The IGC concluded its work in October 2007.

The budgetary procedure Load fact sheet in pdf format Since the 1970 and 1975 Treaties, Parliament’s role in the budgetary process has gradually been enhanced. The Lisbon Treaty gave Parliament an equal say with the Council over the entire EU budget. Legal basis Article 314 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a of the Treaty establishing the European Atomic Energy Community; Articles 36 to 52 of the Financial Rules (Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002[1]); Interinstitutional Agreement (IIA) between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management approved by Parliament on 19 November 2013 and by the Council on 2 December 2013[2], following the political agreement reached between the Presidents of Parliament, the Council and the Commission on 27 June 2013. Objectives The exercise of budgetary powers consists in establishing both the overall amount and distribution of annual EU expenditure and the revenue necessary to cover it, and in exercising control over the implementation of the budget.

Parliament’s participation in the legislative process, its budgetary and control powers, its involvement in treaty revision and its right to intervene before the European Court of Justice enable it to uphold democratic principles at European level. Legal basis Articles 223 to 234 and 314 of the Treaty on the Functioning of the European Union (TFEU). Objectives As an institution representing the citizens of Europe, Parliament forms the democratic basis of the European Union. If the EU is to have democratic legitimacy, Parliament must be fully involved in the Union’s legislative process and exercise political scrutiny over the other EU institutions on behalf of the public. Constitutional-type powers and ratification powers (1.2.4) Since the Single European Act (SEA), all treaties marking the accession of a new Member State and all association treaties have been subject to Parliament’s assent. The SEA also established this procedure for international agreements with important budgetary implications for the Community (replacing the conciliation procedure established in 1975). The Maastricht Treaty introduced it for agreements establishing a specific institutional framework or entailing modifications to an act adopted under the codecision procedure. Parliament must also give its assent to acts relating to the electoral procedure (since the Maastricht Treaty).

An area of freedom, security and justice: general aspects Load fact sheet in pdf format The Lisbon Treaty attaches great importance to the creation of an area of freedom, security and justice. It introduced several important new features: a more efficient and democratic decision-making procedure that comes in response to the abolition of the old pillar structure; increased powers for the Court of Justice of the EU; and a new role for national parliaments. Basic rights are strengthened by a Charter of Fundamental Rights that is now legally binding on the EU. Legal basis Article 3(2) TEU reads as follows: ‘The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.’ It should be noted that this article, which sets out the EU’s key objectives, attaches greater importance to the creation of an area of freedom, security and justice (AFSJ) than the preceding Treaty of Nice, as this aim is now mentioned even before that of establishing an internal market. Title V of the TFEU — Articles 67 to 89 — is devoted to the AFSJ.

The Lisbon Treaty established the European Council as an institution of the Union and endowed it with a long-term presidency. Legal basis Articles 13, 15, 26, 27 and 42(2) of the Treaty on European Union (TEU). History The European Council is now the summit conference of heads of state or government of the EU Member States. The first of these ‘European summits’ took place in Paris in 1961 and they have become more frequent since 1969. In the Paris European summit of February 1974, it was decided that these meetings of Heads of State or Government should henceforth be held on a regular basis under the name of ‘European Council’, which would be able to adopt a general approach to the problems of European integration and ensure that EU activities were properly coordinated. The Single Act (1986) included the European Council in the body of the Community Treaties for the first time, defining its composition and providing for biannual meetings. The Treaty of Maastricht (1992) formalised its role in the EU’s institutional process. The Treaty of Lisbon made the European Council a full institution of the EU (Article 13 of the TEU) and defined its tasks, which are to ‘provide the Union with the necessary impetus for its development and define the general political directions and priorities thereof’ (Article 15 of the TEU).

Legal basis Article 3 of the Treaty on European Union (TEU), and Articles 9, 10, 19, 45-48, 145-150 and 151-161 of the Treaty on the Functioning of the European Union (TFEU). Objectives The promotion of employment, improved living and working conditions, proper social protection, dialogue between management and other members of staff, the development of human resources with a view to ensuring lasting high employment and the prevention of social exclusion are the common objectives of the EU and its Member States in the social and employment fields, as described in Article 151 of the TFEU. Achievements A. From the Treaty of Rome to the Maastricht Treaty In order to allow workers and their families to take full advantage of the right to move and seek employment freely throughout the common market, the Treaty of Rome provided for the coordination of the Member States’ social security systems. It enshrined the principle of equal pay for men and women, which was recognised by the Court of Justice as being directly applicable, and provided for the establishment of the European Social Fund (ESF) (2.3.2). The Single European Act (SEA) introduced provisions for the harmonisation of health and safety conditions at work. Acting by qualified majority in cooperation with Parliament, the Council adopted a number of directives laying down minimum requirements in this area.

The 2016 EU Global Strategy lays out the strategy for the CSDP, while the Lisbon Treaty clarifies the institutional aspects and strengthens the role of the European Parliament. The CSDP has recently undergone major strategic and operational changes to meet security challenges and popular demand for increased EU responses. Legal basis The common security and defence policy (CSDP) is an integral part of the Union’s common foreign and security policy (CFSP)[1]. The CSDP is framed by the Treaty on European Union (TEU). Article 41 outlines the funding of the CFSP and CSDP, and the policy is further described in Articles 42 to 46, in Chapter 2, Section 2 of Title V (‘Provisions on the Common Security and Defence Policy’), and in Protocols 1, 10 and 11 and Declarations 13 and 14. The specific role of the European Parliament in the CFSP and CSDP is described in Article 36 of the TEU. Treaty provisions for the CSDP The European Council and the Council of the European Union (Article 42 TEU) take the decisions relating to the CSDP. These decisions are taken by unanimity, with some notable exceptions relating to the European Defence Agency (EDA, Article 45 TEU) and permanent structured cooperation (PESCO, Article 46 TEU), to which majority voting applies. The High Representative of the Union for Foreign Affairs and Security Policy, who also acts as Vice-President of the European Commission (the VP/HR) — currently Federica Mogherini — usually issues the proposals for decisions.

The First Treaties 1.1.2. Developments up to the Single European Act 1.1.3. The Maastricht and Amsterdam Treaties 1.1.4. The Treaty of Nice and the Convention on the Future of Europe 1.1.5. The Treaty of Lisbon

This trend has been reinforced by provisions introduced by the Lisbon Treaty. Legal basis Article 12 of the Treaty on European Union (TEU) and Protocol No 1 on the role of national parliaments in the European Union. Objectives A. Rationale for cooperation The very process of European integration involves transferring responsibilities hitherto exercised by national governments to joint institutions with decision-making powers, thus diminishing the role of the national parliaments (NPs) as legislators, budgetary authorities and bodies responsible for scrutinising the executive. While several of the responsibilities transferred from national to EU level initially rested with the Council, the European Parliament (EP) has progressively acquired a full parliamentary role. The NPs have come to see more effective scrutiny of their governments’ EU activities and closer relations with the EP as a way of increasing their influence on EU policy-making and at the same time ensuring that the EU is built on democratic principles. For its part, the EP has generally taken the view that close relations with the NPs would help to strengthen its legitimacy and bring the EU closer to its citizens. B. The evolving context of cooperation The role of the NPs initially diminished as European integration progressed: the EU’s powers have increased and its areas of competence have broadened, while majority voting has become the rule in Council and the EP’s legislative powers have also increased.

Legal basis The original Treaties (1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5); Decision and Act concerning the election of the representatives of the European Parliament by direct universal suffrage (20 September 1976), as amended by the Council Decisions of 25 June and 23 September 2002. Three communities, one assembly Following the establishment of the European Economic Community (EEC) and the European Atomic Energy Community (Euratom), the ECSC Common Assembly was expanded to cover all three communities. With 142 Members, the new assembly met for the first time in Strasbourg on 19 March 1958 as the ‘European Parliamentary Assembly’, changing its name to the ‘European Parliament’ on 30 March 1962. From appointed assembly to elected parliament Before the introduction of direct elections, Members of the European Parliament (MEPs) were appointed by each of the Member States’ national parliaments. All Members thus had a dual mandate. The Summit Conference held in Paris on 9 and 10 December 1974 determined that direct elections ‘should take place in or after 1978’ and asked Parliament to submit new proposals to replace its original draft convention of 1960. In January 1975, Parliament adopted a new draft convention, on the basis of which the Heads of State or Government, after settling a number of differences, reached agreement at their meeting of 12 and 13 July 1976.

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