European Treaties - Case Study Example

How does the Lisbon Treaty (new version of the TEU and treaty on the functioning of Europe Union) differ from the 2004 Constitutional Treaty, what where the principal objections to the Lisbon treaty that led to its rejection in the Irish Referendum In a constantly changing, ever more interconnected world, Europe is grappling with new issues: globalization, demographic shifts, climate change, the need for sustainable energy sources and new security threats. These are the challenges facing Europe in the 21st century. The EU countries cannot meet them alone. But acting as one, Europe can deliver results and respond to the concerns of the public1. The European Union needs effective, coherent tools so it can function properly and respond to the rapid changes in the world. The Lisbon Treaty, which was signed on the 13th of December in Lisbon, the capital of Portugal, introduces a number of changes to the way the European Union works which will make it more effective and better able to deliver for its citizens. The Lisbon Treaty is a unanimous agreement that emerged from over 5 years of intense public and private discussion between democratically elected representatives of 27 countries representing 500 million people. Unlike any previous European Treaty, most of the content of this Treaty was the subject of a consensus in a convention, which consisted of opposition as well as Government Deputies from National parliaments, of Members of the European Parliament of all parties and of all the democratically elected Governments of all the European Union states2. The Lisbon Treaty replaced the Constitutional Treaty 2004, when in a high staking public campaign, the French and Dutch publics rejected the Treaty, previously approved by the European Union Heads Of State and the Government on 29th October 2004 in Rome. Some analyst argue that Lisbon Treaty is infact the same as the Constitutional Treaty 2004, however, there are some stark differences between the two treaties3. The differences between the Lisbon Treaty and the Constitution range from superficial to substantial, even 'constitutional'. References to the symbols of statehood which had been included in the Constitution, such as flag, anthem, motto, holiday, are no longer in the text4. Lisbon retains the present categories of legislative acts (regulations, directives, decisions), rather than using the categories of framework decisions, decisions and conventions in the Constitution5. The Lisbon Treaty also says explicitly, for the first time, that a country has the right to leave the European Union, something that has always been so under international law, but which has not been formally stated in a European Treaty before. In so doing, the Member States of the European Union have created the largest, and indeed the only, voluntary multinational democracy in human history6. Another major change is the procedure for conferring jurisdiction on the European Union courts to rule on patent disputes between private parties would, in the Reform Treaty, remain (as at present) unanimity in the Council and national ratification, whereas the Constitutional Treaty provided for qualified majority voting in the Council and co decision with the European Parliament7. The provisions for an 'emergency brake' on certain criminal law measures (allowing a Member State to block decision-making on criminal procedure or substantive criminal law, where voting will take place by a qualified majority) would be altered to make it explicit that European Union leaders must act by consensus if the issue is referred to them. The provision on social security for migrant workers, which would also be made subject to qualified majority voting and which also contains a similar emergency brake, would be altered to provide that European Union leaders could decide not to take action on a proposal; a declaration would also confirm that the EU leaders must act by consensus if the issue is referred to them8. The Lisbon Treaty also affects the foreign policy. The provisions on foreign policy would be separated from the other provisions of the Treaties to a greater extent, by: keeping them in the European Union Treaty, rather than placing them in the main text of the Treaty on the Functioning of the European Union (or in Part III of the Constitutional Treaty); more fully excluding the jurisdiction of the Court of Justice; preventing the application of the 'flexibility' clause in Article 308 (Article I-18 of the Constitutional Treaty) to European Union foreign policy; including a separate clause on foreign policy data protection rather than applying Article 286 of the Constitutional Treaty 2004 to foreign policy9. The power for the European Union to adopt measures on diplomatic and consular protection will be altered in the Lisbon Treaty so that the European Union's power is weaker and so that the European Union will have to act by using Directives (which must be implemented by national parliaments), rather than Regulations10. The Lisbon Treaty will obviously bring many changes in the European Union. However, The Lisbon Treaty is an agreement that can only come into effect if every one of those 27 countries formally ratifies what their elected representatives have thus agreed. The Lisbon Treaty has already been approved by the parliaments of most of countries. Ireland is the only member state which requires the general public to vote for the treaty i.e. holding a referendum11. The smooth ratification process ended with the Irish referendum on 12 June 2008.The negative result of the vote put the Treaty in jeopardy and prevented a timely entrance into force on 1st January 2009. The results of the Irish electorate showed that a total of53.4 per cent voted to reject the treaty, while 46.6 per cent voted in favour. All but 10 constituencies rejected the treaty, with a total of 752,451 voting in favour of Lisbon and862,415 votes against. Turnout was53.1 per cent12. A meeting was called in Brussels to try and unblock the entry into force of the Lisbon Treaty, which was ratified by almost all EU countries but voted down in a referendum in Ireland last June. The starting point for untying the knot was a reflection by the Irish government on the key reasons that led to the rejection of the Treaty - four key issues were identified13. One key reason was Irish voters rejected the Lisbon Treaty lay in concerns that Ireland's voice and representation within EU institutions would be eroded, in particular through the periodic loss of Irish representation on the European Commission14. A poll conducted by the Irish Times on 18th June 2008 showed that 20% of the people voted against the treaty inorder to protect the Irish identity15. Another factor in Lisbon's failure was Lisbon itself. An impenetrable legal document, it could not be understood without close study, and even the Referendum Commission - the nonpartisan body set up to explain it - could not explain it all. The poll conducted by the Irish Times also showed that 40% of the people rejected the treaty because they didn't understand the terms of the Lisbon Treaty16. There was also a fear amongst the Irish people relating to losing neutrality and also about the unwarranted changes in values, notably with respect to the right to life and the family. The poll conducted by the Irish Times stated that 10% of the people rejected the Treaty due to the above reason17. The Irish people failed to understand the Treaty does not prejudice the security and defence policy of member states, including Ireland's traditional policy of neutrality. European Union also has no power to oblige its member states to introduce laws affecting values, whether on the right to life (abortion) or on family (divorce, same-sex marriages). The power to legislate on these issues remains squarely in the hands of national authorities, not the European Union18. A fear of losing Ireland's autonomy in establishing its own tax rates was another significant issue that led to the rejection of the Lisbon Treaty in the Irish Referendum19. The poll conducted by the Irish Times portrayed that 8% of the people rejected the Reform Treaty due to this reason. However, what people failed to understand was that the European Union has no competence to set common tax rates and this did not change with Lisbon20. Upto this day, the fate of the Lisbon Treaty remains undecided. In a meeting held in Brussels on11-12th December 200821, the concerns of the Irish people were addressed. A call for second referendum on the ratification on the Lisbon Treaty in Ireland has taken place and the matter has been committed by the Prime Minister. The Irish people have agreed to seek the ratification by the end of October 2009. If all goes well the Lisbon Treaty will be ready for entry into force by the end of next year22. BIBLIOGRAPHY Taking Europe into 21st Century, Lisbon Treaty, retrieved on 12th January 2009 John Bruton, Treaty of Lisbon, March 31st 2008, retrieved on 12th January 2009 Dimitris N. Chryssochoou, A Treaty without a View A Critique on the Lisbon Accords, EKEM, retrieved on 13th January 2009. Treaty Of Lisbon: Amendments to the treaty on European Union, House Of Commons Library, 24th January 2008, retrieved on 12th January 2009. A New Treaty for the EU, Government Offices Of Sweden, retrieved on 12th January 2009 Steve Peer, "The Proposed Reform Treaty for the European Union", retrieved on 13th January 2009. Lisbon Treaty rejected by the Irish electorate, The Irish Times, 13 June 2008, retrieved on 12th January 2009. http://www.irishtimes.com/newspaper/breaking/2008/0613/breaking1.htm Simon Busuttil, Untying the Irish knot, Times of Malta, 17th December 2008, retrieved on 13th January 2009. John O' Brennon, The Irish think again about the Lisbon Treaty, Sundays Zaman, 7th December 2008, retrieved on 13th January 2009. Twenty Eighth amendment of the Constitution of the Ireland Bill, 2008, www.wikipedia.org, retrieved on 13th January 2009. David Roberts, Treaty of Lisbon / Reform Treaty.What happens next EUnow.eu, retrieved on 13th January 2009. http://www.eunow.eu/Treaty_of_lisbon_key_facts.html Professor Dr. Mehmet, Where to go with the Lisbon Treaty, Journal of Central Asian and Caucasian Studies, 3rdAugust 2008, retrieved on 13th January 2009. Hilary White, Ireland to Hold Second Lisbon Treaty Referendum: Prime Minister Confirms, Lifesitenews.com, 22nd December 2008, retrieved on 13th January 2009. http://www.lifesitenews.com/ldn/2008/dec/08122202.html Read More