The Effects of the Lisbon Treaty - Essay Example

?Introduction The impact of earlier Treaties before the Lisbon Treaty enabled the European Parliament to demand the Commission to submit any significant suggestions on matters that concern it which could be required for implementation in the European Parliament. Earlier Treaties before had progressively authorized the institution as a way to democratize the EU (Woolcock, 2008). These earlier Treaties therefore helped to transform the Union from being a mere consultative chamber into an imperative co-decision institution for most EU legislation and also for the embracing of the EU budget. All of these rights were previously established in the EC Treaty. Also relevant in relation to citizens’ rights is article of the European Charter of Fundamental Rights, which binds the institutions, bodies and the Member States when they implement EU law. This paper examines the effects of Lisbon treaty. An overview of other treaties Before the signing the Lisbon treaty, the European Union entered into different treaties that lead to the Lisbon one. This section outlines these treaties. The European Coal and Steel Community treaty (ECSC) (Treaty of Paris): this treaty was signed in 1951 in Paris creating regional institutions meant to manage trade of coal and steel. Members who signed this treat included France, Italy, West Germany, Netherlands, Belgium and Luxembourg (Chalmers, 2006). European Economic Community (EEC) Treaty (treaty of Rome): This was signed in 1957 by the same countries that formed treaty of Paris. On the same day, another treaty European Atomic Energy Community (the EURATOM Treaty), was signed by the six countries. Other important treaties that followed included. European Communities (the Merger Treaty of 1965): This treaty merged the three previous treaties (ECSC, EURATOM and EEC) to create the European Communities, as known as the community Market, which was signed in 1967 (Chalmers, 2006). Upon the signing of this treaty, key institutions of the European Union were formed; this included the European Commission, the European Parliament, the Council of Ministers and the European Court of Justice. Single European Act: this important treaty was reached in 1987, which amended the previous three founding treaties, thus creating an “internal market” for member states; the market was implemented in 1992. The goals of this treaty included forming a single currency and creating a free market. The Treaty on European Union (the Maastricht Treaty): this was reached in 1992 but was enforced in 1993, creating the European Union, which was based on the European Communities. This particularly treat founded a “three pillar” system. The last treaty signed before the Lisbon treaty was the Treaty of Amsterdam, signed in 1997 that was enforced in 1999.this treaty amended and also renumbered the European Union and the European Community (Chalmers, 2006). Lisbon Treaty: provisions on Democratic Principles Democratic principles provided in the Lisbon Treaty fundamentally purposed to enhance the democratic authority of the Union in the Preamble. These new reforms mainly strengthened the role of the European Parliament, country parliaments, as well as providing for citizen’s initiatives, with an aim of increasing democratic legitimacy of the European Union. The Treaties contained provisions focused at cementing democracy in its representatives as well as their participatory dimensions by founding new participatory mechanisms, like the European citizens’ initiative, and new guides of communication and information with the European civil society. The European Parliament (EP): The Lisbon Treaty moved one step ahead in regard to the idea of representation by establishing that the European Parliament should be composed of representatives of the Union’s citizens, appointed for five years through direct universal suffrage in a free and fair secret election. According to these regulations, the European Council had to determine through accord, on the initiative of its Parliament, future composition of the latter institution and the number of Members of European Parliament that should be proportional to each Member State (Schuman, 2011). Extension in the scope of co-decision: According to article 289 in the Treaty regarding the Functioning of the European Union (TFEU), co-decision making has become the ‘ordinary legislative procedure’. This co-decision making consists of the collective adoption by the European Parliament and the Council of a directive, order or decision on a proposal from the Commission allowing for an early agreement at first reading. Delegated and implementing acts: Committees of Member States officials have executed most of the European Union legislation in accordance to limited democratic control and transparency. Legislative initiative: The Lisbon Treaty like in earlier Treaties enables the European Parliament to request the Commission to submit any suitable application (Schuman, 2011), and thereafter allow the EP to consider that the European Union act is required so as to implement the Lisbon Treaty. In the event that the Commission does not present such a proposal, then it must inform the European Parliament on the reasons that led to that failure. Appointment of the Commission: The Treaty empowers the EP to elect the President of the European Commission as well as approving the High Representative of the Security Policy and Union for Foreign Affairs and the other constituents of the Commission. EU budget Treaty accords the EP powers to have more command in relation to the budget procedure, since it is capacitated as a co-decider with the Council on all expenditures. International agreements Lisbon Treaty has increased authority of European Council in issues of international agreements since its consent must be sought by European Parliament. European External Action Service (EEAS) The Lisbon Treaty states that the Council is required to confer with the EP on the organization and functioning of the EEAS (Woolcock, 2008). Area of Freedom, Security and Justice: in the area of freedom, security and justice, the Lisbon Treaty allows that besides the national parliaments, the EP has been given the capacity to scrutinize or evaluating the content, development and results of the evaluation system of the implementation of FSJ policy in Member States. Revision of the Treaties Through ordinary revision procedure or simplified procedures, the Lisbon Treaty availed the European Parliament an opportunity to submit to the Council suggestions for the amendment of the Treaties. Withdrawal of a Member State from the EU In the event of withdrawal eventuality, the Lisbon Treaty offers the Council powers to conclude an agreement on behalf of the Union with the withdrawing Member State, after getting the consent of the European Parliament. European Citizens’ Initiative (ECI) According to European Citizens’ Initiative, the Lisbon Treaty states that every citizen has the right to take part in the democratic process of the Union. The treaty unlike earlier treaties established the right to directly partake in or influence the EUs decision-making process. Public hearing The Lisbon Treaty provided the Commission and the European Parliament to ensure that hearing is organized in accordance with specified procedures. The treaty directed that hearing would be prepared at the European Parliament. It also allows participation of other Unions or institutions that deem it appropriate can be represented at all appropriate levels. Participation, influence of citizens, associations and civil society in EU decision-making: In this, the Lisbon Treaty permits facilitation the participation of European civil society and citizens, therefore establishing additional responsibility for EU institutions to promote transparency, openness, and the distribution of information. Articles 15 and 16 TFEU emphasizes the idea of superior governance and demands that Union institutions, bodies, offices and agencies should ensure participation and political debate on EU matters in civil society (Woolcock, 2008). European Commission As noted by Schuman (2011) the Lisbon Treaty demands that the European Commission should uphold an open, transparent and frequent dialogue with representative associations and civil society. According to the treaty, these consultations require broad approaches with concern of all so as to ensure that Union's actions are articulate and transparent. European Council The Lisbon Treaty integrated the European Council within the EU institutional systems and distinguishes democratic accountability of all its members in article which states that “Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens” Committee of the Regions (CoR): The Lisbon Treaty considers ‘The Committee of the Regions’ (CoR) as an advisory body that is charged with assisting the Council and the Commission through the composition of legislatures of regional and local bodies. The CoR council gives voice in EU policy development and EU legislation to the different regions and their citizens, has been reinforced to some extent. National Parliaments: The Lisbon Treaty in response to national parliaments’, demands that there should be more democratic legitimacy for the European Union, and has awarded a number of new rights and powers to the state parliaments so as to make the EU institutions to be more democratic and accountable. The process of endorsing the Lisbon Treaty offered member states an opportunity to negotiate and ratify more powers for their national parliaments. Through this Lisbon Treaty, Conference of Parliamentary Committees for Union Affairs (COSAC) has increasingly empowered their collective engagement in the EU lawmaking processes. The treaty also acknowledges inter-parliamentary cooperation for its significance in promoting the participation of Member State Parliaments. Conclusion In conclusion Protocols in the Lisbon Treaty have enhanced and opened up more democratic and regional space for National Parliaments in the European Union. For instance, COSAC provisions in Lisbon Treaty have led to the participation of national parliaments, organized under the supervision of COSAC, with observation and supervision of the EU’s action as under provision of Common Foreign and Security Policy (CFSP), involving the European Security and Defense Policy. References Chalmers, D (2006): European Union law: text and materials: Cambridge University Press. Schuman R (2011). Institutional changes regarding democratic government in the EU. Centre for Advanced Studies. London Woolcock S (2008). European Policy Analysis: Swedish Institute for European Policy Studies, Sweden Read More

 

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