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The Lisbon Treaty

The Lisbon Treaty, formally known as the Treaty of Lisbon, is a significant international agreement that revamped the constitutional architecture of the European Union (EU). Signed in Lisbon on December 13, 2007, and enacted on December 1, 2009, the treaty amends the Treaty on European Union (TEU, also known as the Maastricht Treaty) and the Treaty Establishing the European Community (TEC, now the Treaty on the Functioning of the European Union, TFEU).

Purpose and Objectives

The primary objective of the Lisbon Treaty was to enhance the efficiency and democratic legitimacy of the EU while improving coherence in its external actions. It sought to streamline EU institutions and decision-making processes, which had become cumbersome with the enlargement from 15 to 27 member states. The treaty aimed to complete the process started by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001).

Key Provisions

Institutional Changes

The Lisbon Treaty introduced several institutional changes within the EU framework:

  • President of the European Council: The treaty established a permanent post for the President of the European Council to enhance continuity, replacing the previous system of rotating presidencies held by member states.

  • High Representative of the Union for Foreign Affairs and Security Policy: This role was strengthened to represent the EU on the global stage effectively. The High Representative also chairs the Foreign Affairs Council and is a Vice-President of the European Commission.

  • European Parliament: The treaty increased the legislative powers of the European Parliament, making it a co-legislator with the Council of the European Union in more policy areas.

Legal Personality and Competences

The Lisbon Treaty granted the EU legal personality, allowing it to sign international agreements and join international organizations. It also clarified competences between the EU and its member states, specifying areas of exclusive and shared competences.

Democratic and Judicial Improvements

  • Citizens' Initiative: The treaty introduced the European Citizens' Initiative, enabling one million citizens to request the European Commission to propose legislation on specific issues.

  • Charter of Fundamental Rights: The treaty makes the Charter of Fundamental Rights legally binding, anchoring basic rights in EU law.

  • Withdrawal Clause: For the first time, a formal procedure for withdrawal from the European Union was introduced, famously known as Article 50.

Simplified Decision-Making

The treaty expanded the use of qualified majority voting in the Council of the European Union and streamlined legislative procedures, simplifying decision-making processes.

Ratification Process

The ratification of the Lisbon Treaty was a complex process, requiring approval from all EU member states. It was notably challenged in Ireland, where the initial referendum rejected the treaty. After securing legal guarantees on issues like taxation and neutrality, a second referendum in 2009 saw a favorable outcome.

Historical Context

The Lisbon Treaty emerged following the failure of the Treaty establishing a Constitution for Europe, which was rejected in referenda by France and the Netherlands in 2005. The Lisbon Treaty retained many reforms from the proposed constitution but presented them as amendments to existing treaties, allowing EU integration to progress without the need for a new constitutional framework.

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