With the Treaty of Lisbon in force, Parliament is able to propose amendments to the Treaties, as was already the case for the Council, a Member State government or the Commission. The former intergovernmental structure ceases to exist, as the acts adopted in this area are now made subject to the ordinary legislative procedure (qualified majority and codecision), using the legal instruments of the Community method (regulations, directives and decisions) unless otherwise specified. police and judicial cooperation in criminal matters, into the first pillar. The Treaty of Lisbon completes the absorption of the remaining third pillar aspects of the area of freedom, security and justice (FSJ), i.e. The Treaty for the first time provides for a formal procedure to be followed by Member States wishing to withdraw from the European Union in accordance with their constitutional requirements, namely Article 50 of the Treaty on European Union (TEU). Member States may only sign international agreements that are compatible with EU law. Therefore, the Union obtains the ability to sign international treaties in the areas of its attributed powers or to join an international organisation.
DEMOCRACY 3 REDDIT FULL
The Treaty of Lisbon gives the EU full legal personality. Union competences can now be handed back to the Member States in the course of a treaty revision. It distinguishes between three types of competences: exclusive competence, where the Union alone can legislate, and Member States only implement shared competence, where the Member States can legislate and adopt legally binding measures if the Union has not done so and supporting competence, where the EU adopts measures to support or complement Member States’ policies. The Treaty of Lisbon for the first time clarifies the powers of the Union. Unlike the Constitutional Treaty, the Treaty of Lisbon contains no article formally enshrining the supremacy of Union law over national legislation, but a declaration was attached to the Treaty to this effect (Declaration No 17), referring to an opinion of the Council’s Legal Service which reiterates consistent case-law of the Court. A higher level of parliamentary scrutiny and democratic accountability is therefore attained. However, it changes the way the Union exercises its existing powers and some new (shared) powers, by enhancing citizens’ participation and protection, creating a new institutional set-up and modifying the decision-making processes for increased efficiency and transparency. No additional exclusive competences are transferred to the Union by the Treaty of Lisbon. Although the new text is hence no longer a constitutional treaty by name, it preserves most of the substantial achievements. The Treaty of Lisbon does not create state-like Union symbols like a flag or an anthem. The Union takes the place of the Community and is its legal successor. The Treaty establishing the European Community is renamed the ‘Treaty on the Functioning of the European Union’ (TFEU) and the term ‘Community’ is replaced by ‘Union’ throughout the text. The Treaty was signed at the European Council of Lisbon on 13 December 2007 and has been ratified by all Member States. The IGC concluded its work in October 2007. 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 process leading to the Treaty of Lisbon 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’. The Treaty of Lisbon 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). Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (OJ C 306, ) entry into force on 1 December 2009. 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. The objective is to provide a historical context for the emergence of this latest fundamental EU text from those which came before it. This factsheet presents the background and essential provisions of the Treaty of Lisbon.