The Treaties of the European Union are a set of
international treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
between the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
(EU)
member states
A member state is a state that is a member of an international organization or of a federation or confederation.
Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
which sets out the EU's
constitutional basis. They establish the various
EU institutions
The institutions of the European Union are the seven principal decision-making bodies of the European Union and the Euratom. They are, as listed in Article 13 of the Treaty on European Union:
* the European Parliament,
* the European Council ...
together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory.
Two core functional treaties, the
Treaty on European Union
The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's pu ...
(originally signed in
Maastricht
Maastricht ( , , ; li, Mestreech ; french: Maestricht ; es, Mastrique ) is a city and a municipality in the southeastern Netherlands. It is the capital and largest city of the province of Limburg. Maastricht is located on both sides of the ...
in 1992, aka The Maastricht Treaty) and the
Treaty on the Functioning of the European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously ...
(originally signed in Rome in 1957 as the Treaty establishing the European Economic Community, aka The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first signed. The consolidated version of the two core treaties is regularly published by the European Commission.
Despite the
withdrawal of the United Kingdom from the bloc in 2020, its name remains officially on the treaties (in particular the SEA, Maastricht, Amsterdam, Nice and Lisbon) as it was part of the consultation and ratification process as a member state at the time those treaties were drawn up, though the country is no longer legally bound by them.
Content
The two principal treaties on which the EU is based are the Treaty on European Union (TEU;
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the ...
, effective since 1993) and the Treaty on the Functioning of the European Union (TFEU;
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
, effective since 1958). These main treaties (plus their attached protocols and declarations) have been altered by amending treaties at least once a decade since they each came into force, the latest being the
Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
which came into force in 2009. The Lisbon Treaty also made the
Charter of Fundamental Rights
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaim ...
legally binding, though it remains a separate document.
Treaty on European Union
Following the preamble the treaty text is divided into six parts.
[
;Title 1, ''Common Provisions''
The first deals with common provisions. Article 1 establishes the European Union on the basis of the European Community and lays out the legal value of the treaties. The second article states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities". The member states share a "society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail".
Article 3 then states the aims of the EU in six points. The first is simply to promote peace, European values and its citizens' well-being. The second relates to free movement with external border controls are in place. Point 3 deals with the internal market. Point 4 establishes the euro. Point 5 states the EU shall promote its values, contribute to eradicating poverty, observe human rights and respect the ]charter of the United Nations
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
. The final sixth point states that the EU shall pursue these objectives by "appropriate means" according with its competences given in the treaties.
Article 4 relates to member states' sovereignty and obligations. Article 5 sets out the principles of conferral, subsidiarity
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
and proportionality with respect to the limits of its powers. Article 6 binds the EU to the Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaim ...
and the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. Article 7 deals with the suspension of a member state and article 8 deals with establishing close relations with neighbouring states.
;Title 2, Provisions on democratic principles
Article 9 establishes the equality of national citizens and citizenship of the European Union
European Union citizenship is afforded to all citizens of Member state of the European Union, member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation o ...
. Article 10 declares that the EU is founded in representative democracy
Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of represen ...
and that decisions must be taken as closely as possible to citizens. It makes reference to European political parties and how citizens are represented: directly in the parliament and by their governments in the council and European Council – accountable to national parliaments. Article 11 establishes government transparency, declares that broad consultations must be made and introduces provision for a petition where at least 1 million citizens may petition the commission to legislate on a matter. Article 12 gives national parliaments limited involvement in the legislative process.
;Title 3, Provisions on the institutions
Article 13 establishes the institutions
Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
in the following order and under the following names: the European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
, the European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
, the Council
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
, the European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
, the Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quart ...
, the European Central Bank
The European Central Bank (ECB) is the prime component of the monetary Eurosystem and the European System of Central Banks (ESCB) as well as one of seven institutions of the European Union. It is one of the world's Big Four (banking)#Intern ...
and the Court of Auditors
The European Court of Auditors (ECA; French: ''Cour des comptes européenne'') is one of the seven institutions of the European Union (EU). It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members ( ...
. It obliges co-operation between these and limits their competencies to the powers within the treaties.
Article 14 deals with the workings of Parliament and its election, article 15 with the European Council and its president, article 16 with the council and its configurations and article 17 with the commission and its appointment. Article 18 establishes the and article 19 establishes the Court of Justice.
;Title 4, Provisions on enhanced cooperations
Title 4 has only one article which allows a limited number of member states to co-operate within the EU if others are blocking integration in that field.
;Title 5, General provisions on the Union's external action and specific provisions on the Common Foreign and Security Policy
The Common Foreign and Security Policy (CFSP) is the organised, agreed foreign policy of the European Union (EU) for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, whic ...
Chapter 1 of this title includes articles 21 and 22. Article 21 deals with the principles that outline EU foreign policy; including compliance with the UN charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
, promoting global trade, humanitarian support and global governance. Article 22 gives the European Council, acting unanimously, control over defining the EU's foreign policy.
Chapter 2 is further divided into sections. The first, common provisions, details the guidelines and functioning of the EU's foreign policy, including establishment of the European External Action Service
The European External Action Service (EEAS) is the diplomatic service and combined foreign and defence ministry of the European Union (EU). The EEAS is led by the High Representative for Foreign Affairs and Security Policy (HR/VP), who is also ...
and member state's responsibilities. Section 2, articles 42 to 46, deal with military cooperation (including Permanent Structured Cooperation
The Permanent Structured Cooperation (PESCO) is the part of the European Union's (EU) security and defence policy (CSDP) in which 25 of the 27 national armed forces pursue structural integration (the exceptions being Denmark and Malta). Based on ...
and mutual defence).
;Title 6, Final provisions
Article 47 establishes a legal personality
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person ( ...
for the EU. Article 48 deals with the method of treaty amendment; specifically the ordinary and simplified revision procedures. Article 49 deals with applications to join the EU and article 50 with withdrawal
Withdrawal means "an act of taking out" and may refer to:
* Anchoresis (withdrawal from the world for religious or ethical reasons)
* ''Coitus interruptus'' (the withdrawal method)
* Drug withdrawal
* Social withdrawal
* Taking of money from a ban ...
. Article 51 deals with the protocols attached to the treaties and article 52 with the geographic application of the treaty. Article 53 states the treaty is in force for an unlimited period, article 54 deals with ratification and 55 with the different language versions of the treaties.
Treaty on the Functioning of the European Union
The Treaty on the Functioning of the European Union goes into deeper detail on the role, policies and operation of the EU. It is split into seven parts.[eur-lex.europa.eu: ISSN 1725-2423 Official Journal of the European Union, C 115 Volume 51, 9 May 2008]
retrieved 1 June 2014
;Part 1, Principles
In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that the EU shall respect the status of religious, philosophical and non-confessional organisations under national law.
;Part 2, Non-discrimination and citizenship of the Union
The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the EU will "combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation". Articles 20 to 24 establishes EU citizenship
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
and accords rights to it; to free movement, consular
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
protection from other states, vote and stand in local and European elections
Elections to the European Parliament take place every five years by universal adult suffrage; with more than 400 million people eligible to vote, they are considered the second largest democratic elections in the world after India's.
Until ...
, right to petition Parliament and the European Ombudsman
The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing ...
and to contact and receive a reply from EU institutions in their own language. Article 25 requires the commission to report on the implementation of these rights every three years.
;Part 3, Union policies and internal actions
Part 3 on policies and actions is divided by area into the following titles: the internal market; the free movement of goods, including the customs union
A customs union is generally defined as a type of trade bloc which is composed of a free trade area with a common external tariff.GATTArticle 24 s. 8 (a)
Customs unions are established through trade pacts where the participant countries set up ...
; agriculture
Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to ...
and fisheries
Fishery can mean either the enterprise of raising or harvesting fish and other aquatic life; or more commonly, the site where such enterprise takes place ( a.k.a. fishing ground). Commercial fisheries include wild fisheries and fish farms, both ...
; free movement of people, services and capital; the area of freedom, justice and security, including police and justice co-operation; transport policy; competition
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, indivi ...
, taxation and harmonisation of regulations (note Article 101 and Article 102); economic and monetary policy
Monetary policy is the policy adopted by the monetary authority of a nation to control either the interest rate payable for very short-term borrowing (borrowing by banks from each other to meet their short-term needs) or the money supply, often a ...
, including articles on the euro; employment policy; the European Social Fund
The European Social Fund Plus (ESF+) is one of the European Structural and Investment Funds (ESIFs), which are dedicated to improving social cohesion and economic well-being across the regions of the Union. The funds are redistributive financ ...
; education, vocational training, youth and sport policies; cultural policy; public health; consumer protection; Trans-European Networks
The Trans-European Networks (TEN) were created by the European Union by Articles 154–156 of the Treaty of Rome (1957), with the stated goals of the creation of an internal market and the reinforcement of economic and social cohesion. To various ...
; industrial policy; economic, social and territorial cohesion (reducing disparities in development); research and development
Research and development (R&D or R+D), known in Europe as research and technological development (RTD), is the set of innovative activities undertaken by corporations or governments in developing new services or products, and improving existi ...
and space policy
Space policy is the political decision-making process for, and application of, public policy of a state (or association of states) regarding spaceflight and uses of outer space, both for civilian (scientific and commercial) and military purposes. I ...
; environmental policy; energy policy
Energy policy is the manner in which a given entity (often governmental) has decided to address issues of energy development including energy conversion, distribution and use as well as reduction of greenhouse gas emissions in order to contri ...
; tourism; civil protection; and administrative co-operation.
;Part 4, Association of the overseas countries and territories
Part 4 deals with association of overseas territories. Article 198 sets the objective of association as promoting the economic and social development of those associated territories as listed in annex 2. The following articles elaborate on the form of association such as customs duties.
;Part 5, External action by the Union
Part 5 deals with EU foreign policy
The Common Foreign and Security Policy (CFSP) is the organised, agreed foreign policy of the European Union (EU) for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which ...
. Article 205 states that external actions must be in accordance with the principles laid out in Chapter 1 Title 5 of the Treaty on European Union. Article 206 and 207 establish the common commercial (external trade) policy of the EU. Articles 208 to 214 deal with cooperation on development and humanitarian aid for third countries. Article 215 deals with sanctions while articles 216 to 219 deal with procedures for establishing international treaties with third countries. Article 220 instructs the High Representative and Commission to engage in appropriate cooperation with other international organisations and article 221 establishes the EU delegations. Article 222, the ''Solidarity clause'' states that members shall come to the aid of a fellow member who is subject to a terrorist attack, natural disaster or man-made disaster. This includes the use of military force.
;Part 6, Institutional and financial provisions
Part 6 elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of legislative acts and procedures of the EU. Articles 300 to 309 establish the European Economic and Social Committee
The European Economic and Social Committee (EESC) is a consultative body of the European Union (EU) established in 1958. It is an advisory assembly composed of "social partners", namely: employers ( employers' organisations), employees (trade ...
, the Committee of the Regions
The European Committee of the Regions (CoR) is the European Union's (EU) assembly of local and regional representatives that provides sub-national authorities (i.e. regions, counties, provinces, municipalities and cities) with a direct voice w ...
and the European Investment Bank
The European Investment Bank (EIB) is the European Union's investment bank and is owned by the EU Member States. It is one of the largest supranational lenders in the world. The EIB finances and invests both through equity and debt solutions ...
. Articles 310 to 325 outline the EU budget
The Budget of the European Union (EU budget) is used to finance EU funding programmes (such as the European Regional Development Fund, the Cohesion Fund, Horizon Europe, or Erasmus+) and other expenditure at the European level.
The EU budget ...
. Finally, articles 326 to 334 establishes provision for enhanced co-operation
In the European Union (EU), enhanced cooperation (previously known as closer cooperation) is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but ...
.
;Part 7, General and final provisions
Part 7 deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this is enacted by a protocol attached to the treaties), immunities and the effect on treaties signed before 1958 or the date of accession.
Protocols, annexes and declarations
There are 37 protocols, 2 annexes and 65 declarations that are attached to the treaties to elaborate details, often in connection with a single country, without being in the full legal text.[
;Protocols;]
* 1: on the role of National Parliaments in the European Union
* 2: on the application of the principles of subsidiarity
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
and proportionality
* 3: on the statute of the Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quart ...
* 4: on the statute of the European System of Central Banks
The European System of Central Banks (ESCB) is an institution that comprises the European Central Bank (ECB) and the national central banks (NCBs) of all 27 member states of the European Union (EU). Its objective is to ensure price stability t ...
and of the European Central Bank
The European Central Bank (ECB) is the prime component of the monetary Eurosystem and the European System of Central Banks (ESCB) as well as one of seven institutions of the European Union. It is one of the world's Big Four (banking)#Intern ...
* 5: on the statute of the European Investment Bank
The European Investment Bank (EIB) is the European Union's investment bank and is owned by the EU Member States. It is one of the largest supranational lenders in the world. The EIB finances and invests both through equity and debt solutions ...
* 6: on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union
* 7: on the privileges and immunities of the European Union
* 8: relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms
* 9: on the decision of the Council relating to the implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other
* 10: on permanent structured cooperation established by Article 42 of the Treaty on European Union
* 11: on Article 42 of the Treaty on European Union
* 12: on the excessive deficit procedure
* 13: on the convergence criteria
The euro convergence criteria (also known as the Maastricht criteria) are the criteria which European Union member states are required to meet to enter the third stage of the Economic and Monetary Union of the European Union, Economic and Monet ...
* 14: on the Euro Group
The Eurogroup is the recognised collective term for the informal meetings of the finance ministers of the eurozone—those member states of the European Union (EU) which have adopted the euro as their official currency. The group has 19 member ...
* 15: on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland
* 16: on certain provisions relating to Denmark
* 17: on Denmark
* 18: on France
* 19: on the Schengen acquis
The Schengen acquis is a set of rules and legislation, integrated into European Union law, which regulate the abolition of border controls at the internal borders within the Schengen Area, as well as the strengthening of border controls at the e ...
integrated into the framework of the European Union
* 20: on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland
* 21: on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice
* 22: on the position of Denmark
* 23: on external relations of the Member States with regard to the crossing of external borders
* 24: on asylum for nationals of Member States of the European Union
* 25: on the exercise of shared competence
* 26: on services of general interest
* 27: on the internal market and competition
* 28: on economic, social and territorial cohesion
* 29: on the system of public broadcasting
Public broadcasting involves radio, television and other electronic media outlets whose primary mission is public service. Public broadcasters receive funding from diverse sources including license fees, individual contributions, public financing ...
in the Member States
* 30: on the application of the Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaim ...
to Poland and to the United Kingdom
* 31: concerning imports into the European Union of petroleum products refined in the Netherlands Antilles
* 32: on the acquisition of property in Denmark
* 33: concerning Article 157 of the Treaty on the Functioning of the European Union
* 34: on special arrangements for Greenland
* 35: on Article 40.3.3 of the Constitution of Ireland
* 36: on transitional provisions
* 37: on the financial consequences of the expiry of the ECSC treaty and on the Research fund for Coal and Steel
;Annexes
* Annex I lists agricultural and marine produce covered by the Common Agricultural Policy
The Common Agricultural Policy (CAP) is the agricultural policy of the European Union. It implements a system of agricultural subsidies and other programmes. It was introduced in 1962 and has since then undergone several changes to reduce the ...
and the Common Fisheries Policy
The Common Fisheries Policy (CFP) is the fisheries policy of the European Union (EU). It sets quotas for which member states are allowed to catch each type of fish, as well as encouraging the fishing industry by various market interventions. I ...
.
* Annex II lists the overseas countries and territories associated with the EU.
;Declarations
There are 65 declarations attached to the EU treaties. As examples, these include the following. Declaration 1 affirms that the charter, gaining legal force, reaffirms rights under the European Convention and does not allow the EU to act beyond its conferred competencies. Declaration 4 allocates an extra MEP to Italy. Declaration 7 outlines Council voting procedures to become active after 2014. Declaration 17 asserts the primacy of EU law. Declaration 27 reasserts that holding a legal personality does not entitle the EU to act beyond its competencies. Declaration 43 allows Mayotte
Mayotte (; french: Mayotte, ; Shimaore: ''Maore'', ; Kibushi: ''Maori'', ), officially the Department of Mayotte (french: Département de Mayotte), is an overseas department and region and single territorial collectivity of France. It is loc ...
to change to the status of outermost region
The special territories of members of the European Economic Area (EEA) are the 32 special territories of EU member states and EFTA member states which, for historical, geographical, or political reasons, enjoy special status within or outside ...
.
Euratom
As well as the two main treaties, their protocols and the Charter of Fundamental Rights; the Treaty Establishing a European Atomic Energy Community
The European Atomic Energy Community (EAEC or Euratom) is an international organisation established by the Euratom Treaty on 25 March 1957 with the original purpose of creating a specialist market for nuclear power in Europe, by developing nucl ...
(Euratom) is still in force as a separate treaty.
Title one outlines the tasks of Euratom. Title two contains the core of the treaty on how cooperation in the field is to take place. Title three outlines institutional provisions and has largely been subsumed by the European Union treaties. Title four is on financial provisions and title five on the general and title six is on final provisions.
Amendment and ratification
The treaties can be changed in three different ways. The ordinary revision procedure is essentially the traditional method by which the treaties have been amended and involves holding a full inter-governmental conference. The simplified revision procedure was established by the Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
and only allows for changes which do not increase the power of the EU. While using the passerelle clause does involve amending the treaties, as such, it does allow for a change of legislative procedure in certain circumstances.
The ordinary revision procedure for amending treaties requires proposals from an institution to be lodged with the European Council. The President of the European Council
The president of the European Council is the person presiding over and driving forward the work of the European Council on the world stage. This institution comprises the college of heads of state or government of EU member states as well as t ...
can then either call a European Convention (composed of national governments, national parliamentarians, MEPs
A Member of the European Parliament (MEP) is a person who has been elected to serve as a popular representative in the European Parliament.
When the European Parliament (then known as the Common Assembly of the ECSC) first met in 1952, its ...
and representatives from the Commission) to draft the changes or draft the proposals in the European Council itself if the change is minor. They then proceed with an Intergovernmental Conference
{{Politics of the European Union
In the politics of the European Union, an Intergovernmental Conference (IGC) is the formal procedure for negotiating amendments to the EU's founding treaties. Under the treaties, an IGC is called into being by the ...
(IGC) which agrees the treaty which is then signed by all the national leaders and ratified by each state.[Select Committee on European Union Tenth Report: CHAPTER 3: SIMPLIFIED TREATY REVISION AND PASSERELLES](_blank)
British House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster in ...
2008
While this is the procedure that has been used for all treaties prior to the Lisbon Treaty, an actual European Convention (essentially, a constitutional convention) has only been called twice. First in the drafting of the Charter of Fundamental Rights with the European Convention of 1999–2000. Second with the Convention on the Future of Europe
The Convention on the Future of the European Union, also known as the European Convention, was a body established by the European Council in December 2001 as a result of the Laeken Declaration. Inspired by the Philadelphia Convention that led to ...
which drafted the Constitutional Treaty (which then formed the basis of the Lisbon Treaty). Previously, treaties had been drafted by civil servants.
The simplified revision procedure, which applies only to part three of the Treaty on the Functioning of the European Union and cannot increase the powers of the EU, sees changes simply agreed in the European Council by a decision before being ratified by each state. The amendment to article 136 TFEU makes use of the simplified revision procedure due to the small scope of its change.
Any reform to the legal basis of the EU must be ratified according to the procedures in each member state. All states are required to ratify it and lodge the instruments of ratification with the Government of Italy
The government of Italy is in the form of a democratic republic, and was established by a constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as a Head of State, or President.
The Italian Constitutio ...
before the treaty can come into force in any respect. In some states, such as Ireland, this is usually a referendum as any change to that state's constitution requires one. In others, such as Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, referendums are constitutionally banned and the ratification must take place in its national parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
.
On some occasions, a state has failed to get a treaty passed by its public in a referendum. In the cases of Ireland and Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
a second referendum was held after a number of concessions were granted. However, in the case of France and the Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, the treaty was abandoned in favour of a treaty that would not prompt a referendum. In the case of Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
, where the treaty was their accession treaty, the treaty (hence, their membership) was also abandoned.
Treaties are also put before the European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
and while its vote is not binding, it is important; both the Belgian
Belgian may refer to:
* Something of, or related to, Belgium
* Belgians, people from Belgium or of Belgian descent
* Languages of Belgium, languages spoken in Belgium, such as Dutch, French, and German
*Ancient Belgian language, an extinct language ...
and Italian Parliaments said they would veto the Nice Treaty
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003.
It amended the Maastricht Treaty (or the Treaty on European Union) and the Treaty of Rome (or the Treaty establishing the European Co ...
if the European Parliament did not approve it.
Minor amendments not requiring ratification
The treaties contain a passerelle clause which allows the European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
to unanimously agree to change the applicable voting procedure in the Council of Ministers to QMV and to change legislation adoption procedure from a special to the ordinary legislative procedure, provided that no national parliament objects. This procedure cannot be used for areas which have defence implications.
The fourth amendment procedure is for changing status of some of the special member state territories. The status of French, Dutch and Danish overseas territories can be changed more easily, by no longer requiring a full treaty revision. Instead, the European Council may, on the initiative of the member state concerned, change the status of an overseas country or territory (OCT) to an outermost region
The special territories of members of the European Economic Area (EEA) are the 32 special territories of EU member states and EFTA member states which, for historical, geographical, or political reasons, enjoy special status within or outside ...
(OMR) or vice versa. This provision doesn't apply to special territories of the other member states.
Legend for below table: Amending">span style="background:#e2f3e2;">Amending– Membership">span style="background:#fff3f3;">Membership/small>
Ratified treaties
Legend for below table: Founding">span style="background:#f3f3ff;">Founding– Amending">span style="background:#e2f3e2;">Amending– Membership">span style="background:#fff3f3;">Membership/small>
Abandoned treaties
;1973 and 1995 Acts of Accession of Norway
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
applied to join the European Communities/Union on two occasions. Both times a national referendum rejected membership, leading Norway to abandon their ratification of the treaty of accession. The first treaty was signed in Brussels
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
on 22 January 1972 and the second in Corfu
Corfu (, ) or Kerkyra ( el, Κέρκυρα, Kérkyra, , ; ; la, Corcyra.) is a Greek island in the Ionian Sea, of the Ionian Islands, and, including its small satellite islands, forms the margin of the northwestern frontier of Greece. The isl ...
on 24 June 1994.
;Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe (TCE; commonly referred to as the European Constitution or as the Constitutional Treaty) was an unratified international treaty intended to create a consolidated constitution for the European U ...
(the European Constitution)
The European Constitution was a treaty that would have repealed and consolidated all previous overlapping treaties (except the Euratom treaty) into a single document. It also made changes to voting systems, simplified the structure of the EU and advanced co-operation in foreign policy. The treaty was signed in Rome on 29 October 2004 and was due to come into force on 1 November 2006 if it was ratified by all member states. However, this did not occur, with France rejecting the document in a national referendum
A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
on 29 May 2005 and then the Netherlands in their own referendum on 1 June 2005. Although it had been ratified by a number of member states, following a "period of reflection", the constitution in that form was scrapped and replaced by the Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
.
Related treaties
Although not formally part of European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, several closely related treaties have been signed outside the framework of the EU and its predecessors between the member states because the EU lacked authority to act in the field. After the EU obtained such autonomy, many of these conventions were gradually replaced by EU instruments.
Following on from the success of the Treaty of Paris Treaty of Paris may refer to one of many treaties signed in Paris, France:
Treaties
1200s and 1300s
* Treaty of Paris (1229), which ended the Albigensian Crusade
* Treaty of Paris (1259), between Henry III of England and Louis IX of France
* Trea ...
, establishing the European Coal and Steel Community
The European Coal and Steel Community (ECSC) was a European organization created after World War II to regulate the coal and steel industries. It was formally established in 1951 by the Treaty of Paris, signed by Belgium, France, Italy, Luxembo ...
, efforts were made to allow West Germany to rearm within the framework of a common European military structure. The Treaty instituting the European Defence Community
The Treaty establishing the European Defence Community, also known as the Treaty of Paris, is an unratified treaty signed on 27 May 1952 by the Inner Six, six 'inner' countries of European integration: the Benelux countries, France, Italy, and We ...
was signed by the six members on 27 May 1952, but it never entered into force as it was not ratified by France and Italy. The Common Assembly
The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
also began drafting a treaty for a European Political Community to ensure democratic accountability of the new army, but it was abandoned when the Defence Community treaty was rejected.
Other early examples include the Statute of the European School of 1957, the Naples Convention of 1967 on customs cooperation, the Brussels Convention
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
of 1968 on jurisdiction in civil matters, the Convention setting up a European University Institute
The European University Institute (EUI) is an international postgraduate and post-doctoral teaching and research institute and an independent body of the European Union with juridical personality, established by the member states to contribu ...
on 1972 and the amending Convention of 1992 to the EUI Convention, the Agreement on the Suppression of Terrorism of 1979, the Rome Convention of 1980 on contractual obligations, the Convention on double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
of 1987, the Agreement on the application of the Council of Europe Convention on the Transfer of Sentenced Persons
The Convention on the Transfer of Sentenced Persons is an international treaty regulating the extradition and social rehabilitation of imprisoned persons. The Convention was concluded in Strasbourg on 21 March 1983 and entered into force on 1 Jul ...
of 1987, the Convention abolishing the legalization of documents of 1987, the Agreement on the simplification and modernization of extradition requests of 1989, the Dublin Convention
Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 cen ...
of 1990 on asylum, the Arbitration convention of 1990 on double taxation
Double taxation is the levying of tax by two or more jurisdictions on the same income (in the case of income taxes), asset (in the case of capital taxes), or financial transaction (in the case of sales taxes).
Double liability may be mitigated i ...
, the Maintenance Convention of 1990, the Transfer of Criminal Proceedings Agreement of 1990, the Convention on the Enforcement of Foreign Criminal Sentences of 1991, the Eurovignette
Vignette is a form of road pricing imposed on vehicles, usually in addition to the compulsory road tax, based on a period of time the vehicle may use the road, instead of road tolls that are based on distance travelled. Vignettes are currently u ...
Agreement of 1994, and the Convention Defining the Statute of the European Schools of 1994. Additionally, the convention on mutual recognition of companies and legal persons was signed in 1968 but never entered into force. Likewise, the Community Patent Convention
The European patent with unitary effect, also known as the unitary patent, is a European patent which will benefit from unitary effect in the participating member states of the European Union. Unitary effect may be requested by the proprietor ...
of 1975 and the Agreement relating to Community patents of 1989, which amended the 1975 Convention never entered into force.
Article K.3 of the Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the ...
, which entered into force in 1993, authorised the European Communities to "draw up conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements" under the newly created Justice and Home Affairs
The area of freedom, security and justice (AFSJ) is a collection of justice as well as migration & home affairs policies designed to ensure security, rights and free movement within the European Union (EU). Fields covered include the harmonisati ...
pillar
A column or pillar in architecture and structural engineering is a structural element that transmits, through compression (physical), compression, the weight of the structure above to other structural elements below. In other words, a column i ...
, which was organised on an intergovernmental basis. Concluded under these provisions were the Naples II Convention of 1997 on customs cooperation, the conventions on simplified extradition procedures of 1995, the Europol Convention of 1995 establishing Europol, the PFI Convention The PFI Convention was a multilateral treaty between the old and new member states of the European Union on the topic of fraud and came into force on 17 October 2002.
The full name of the treaty is the Convention on the protection of the European ...
of 1995 on fraud, the Customs Information System Convention of 1995, the Insolvency Convention
The Insolvency Regulation is an EU Regulation concerning the rules of jurisdiction for opening insolvency proceedings in the European Union. It determines which member states' courts have jurisdiction.
History
EU member states concluded the Conven ...
of 1995,[ the Convention relating to extradition of 1996,] the convention on the fight against corruption of 1997, the Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 Nove ...
of 1997 on the service of documents, the convention on matrimonial matters of 1998, the convention on driving disqualifications of 1998, and the convention on mutual assistance in criminal matters of 2000. Numerous protocols to these agreements have also been concluded. The JHA was integrated into the EC structures as the area of freedom, security and justice
The area of freedom, security and justice (AFSJ) is a collection of justice as well as migration & home affairs policies designed to ensure security, rights and free movement within the European Union (EU). Fields covered include the harmonisati ...
with the Lisbon Treaty
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
's entry into force in 2009, which has allowed a number of these Conventions to be replaced by EU Regulations or Decisions.
Finally, several treaties have been concluded between a subset of EU member states due to a lack of unanimity. The Schengen Treaty
The Schengen Agreement ( , ) is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town of Schengen, Luxembourg, by five of the te ...
and Convention of 1985 and 1990 respectively were agreed to in this manner, but were subsequently incorporated into EU law by the Amsterdam Treaty
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
with the remaining EU member states that had not signed the treaty being given an opt-out The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of thos ...
from implementing it.[ Others agreements signed as intergovernmental treaties outside the EU legal framework include the EU status of forces agreement of 2003,] the EU claims agreement of 2004, the Treaty of Strasbourg
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
of 2004 establishing the Eurocorps
Eurocorps, located in the French city of Strasbourg (Bas-Rhin), is a multinational corps headquarters. Founded by France and Germany in 1992, it is today composed of personnel from six framework nations and five associated nations. The framework ...
, the Treaty of Velsen
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
of 2007 establishing the European Gendarmerie Force
The European Gendarmerie Force (EUROGENDFOR) is an operational, pre-organised, and rapidly deployable intervention force, exclusively comprising elements of several European police forces with military status of the Parties in order to perform all ...
, the Prüm Convention
The Prüm Convention (inaccurately known as Schengen III Agreement) is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and whic ...
of 2005 on the fight against terrorism, the convention on centralised customs clearance of 2009, the Agreement on the protection of classified information of 2011, the Treaty Establishing the European Stability Mechanism of 2012 establishing the European Stability Mechanism
The European Stability Mechanism (ESM) is an intergovernmental organization located in Luxembourg City, which operates under public international law for all eurozone member states having ratified a special ESM intergovernmental treaty. It was ...
, the European Fiscal Compact
The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union; also referred to as TSCG, or more plainly the Fiscal Stability Treaty is an Enhanced cooperation#Related intergovernmental treaties, intergovernmental treat ...
of 2012 on fiscal rules in the eurozone
The euro area, commonly called eurozone (EZ), is a currency union of 19 member states of the European Union (EU) that have adopted the euro (€) as their primary currency and sole legal tender, and have thus fully implemented EMU policies ...
, the Agreement on a Unified Patent Court of 2013 establishing the Unified Patent Court
The Unified Patent Court (UPC) is a common patent court open for participation of member states of the European Union, and created by the "Agreement on a Unified Patent Court" (UPC Agreement or UPCA), which is provisionally applicable since 19 ...
, and the Single Resolution Fund Agreement
Single may refer to:
Arts, entertainment, and media
* Single (music), a song release
Songs
* "Single" (Natasha Bedingfield song), 2004
* "Single" (New Kids on the Block and Ne-Yo song), 2008
* "Single" (William Wei song), 2016
* "Single", by ...
of 2014 establishing the Single Resolution Fund
The Single Resolution Mechanism (SRM) is one of the pillars of the European Union's banking union. The Single Resolution Mechanism entered into force on 19 August 2014 and is directly responsible for the resolution of the entities and groups di ...
. However, all these agreements are open to accession by EU member states. The text of the Prum Convention, Fiscal Compact and Single Resolution Fund Agreement state that the intention of the signatories is to incorporate the treaty's provisions into EU structures and that EU law should take precedence over the treaty. A TFEU amendment was ratified which authorises the creation of the ESM, giving it a legal basis in the EU treaties.
An updated EMU reform plan issued in June 2015 by the five presidents of the council, European Commission, ECB, Eurogroup and European Parliament outlined a roadmap for integrating the Fiscal Compact and Single Resolution Fund agreement into the framework of EU law by June 2017, and the intergovernmental European Stability Mechanism by 2025. Proposals by the European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
to incorporate the substance of the Fiscal Compact into EU law and create a European Monetary Fund
The European Stability Mechanism (ESM) is an intergovernmental organization located in Luxembourg City, which operates under public international law for all eurozone member states having ratified a special ESM intergovernmental treaty. It was ...
to replace the ESM were published in December 2017. On 30 November 2020 the finance ministers at the Eurogroup
The Eurogroup is the recognised collective term for the informal meetings of the finance ministers of the eurozone—those member states of the European Union (EU) which have adopted the euro as their official currency. The group has 19 member ...
agreed to amend the treaties establishing the ESM and Single Resolution Fund
The Single Resolution Mechanism (SRM) is one of the pillars of the European Union's banking union. The Single Resolution Mechanism entered into force on 19 August 2014 and is directly responsible for the resolution of the entities and groups di ...
, to be ratified in 2021 by all Eurozone member states. The reform proposal was blocked for months because of the veto of the Italian government. The proposed amendments include:
* The establishment of the ESM as a "backstop" to the Single Resolution Fund
The Single Resolution Mechanism (SRM) is one of the pillars of the European Union's banking union. The Single Resolution Mechanism entered into force on 19 August 2014 and is directly responsible for the resolution of the entities and groups di ...
(SRF).
* Reform of ESM Governance
* The precautionary financial assistance instruments
* Clarifications and expansions of the ESM mandate on economic governance;
List
Legend for below table: in force">span style="background:#e2f3e2;">in force– replaced">span style="background:#fff3f3;">replaced;Ratified treaties
;Signed treaties
See also
* European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
References
Citations
Sources
* P. Craig & G. de Búrca, ''EU Law: Text, Cases and Materials'' (4th edn OUP 2008).
External links
Constitution of the European Union
– Europa
Europa may refer to:
Places
* Europe
* Europa (Roman province), a province within the Diocese of Thrace
* Europa (Seville Metro), Seville, Spain; a station on the Seville Metro
* Europa City, Paris, France; a planned development
* Europa Cliff ...
Full texts of EU treaties
– EUR-Lex
Eur-Lex (stylized EUR-Lex) is an official website of European Union law and other public documents of the European Union (EU), published in 24 official languages of the EU. The Official Journal (OJ) of the European Union is also published on EUR- ...
(Europa)
{{DEFAULTSORT:Treaties of the European Union
European Union treaties
Uncodified constitutions