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The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two
treaties A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relati ...

treaties
which form the constitutional basis of the
European Union The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a which is also recognised as part of , located entirely in the and mostly in the . It comprises the wester ...

European Union
(EU). The Treaty of Lisbon, which was signed by the
EU member states The European Union The European Union (EU) is a political and economic union of Member state of the European Union, member states that are located primarily in Europe. Its members have a combined area of and an estimated total populat ...
on 13 December 2007, entered into force on 1 December 2009.eur-lex.europa.eu: " Official Journal of the European Union
C 115 Volume 51, 9 May 2008, retrieved 1 June 2014
It amends 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 state of the European Union, member states of the European Communities, ...
(1992), known in updated form as 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 The Treaty on the Functioning of the European Union (TFEU) is one of two treaties formi ...
(2007) or TEU, as well as the
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 signed ...
(1957), known in updated form as the
Treaty on the Functioning of the European Union A treaty is a formal, legally binding written agreement between actors in international law. It is usually entered into by sovereign states and international organizations, but can sometimes include individuals, business entities, and other ...
(2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM). Prominent changes included the
move MOVE, originally the Christian Movement for Life, is a militant black separatist group that advocated for nature laws and natural living founded in 1972 in Philadelphia Philadelphia, colloquially Philly, is a city in the state of Pennsyl ...
from unanimity to qualified majority voting in at least 45 policy areas in the
Council of MinistersThe Council of Ministers is a traditional name given to the supreme executive organ in some governments. The term is usually equivalent to the word " cabinet" ( Council of State is a similar term that also may refer to a Cabinet. However, the terms ...

Council of Ministers
, a change in calculating such a majority to a new
double majority A double majority is a voting system which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance. Typically in legislative bodi ...

double majority
, a more powerful
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
forming a bicameral legislature alongside the Council of Ministers under the
ordinary legislative procedure The European Union The European Union (EU) is a political and economic union of Member state of the European Union, member states that are located primarily in Europe. Its members have a combined area of and an estimated total popula ...

ordinary legislative procedure
, a consolidated
legal personality In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by ...
for the EU and the creation of a long-term
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, as well as a principal representative of the European Union (EU) on the world stage. This Institutions of the European Union ...
and a
High Representative of the Union for Foreign Affairs and Security Policy The High Representative of the Union for Foreign Affairs and Security Policy (HR/VP) is the chief co-ordinator and representative of the Common Foreign and Security Policy (CFSP) within the European Union (EU). The position is currently held by ...
. The Treaty also made the Union's bill of rights, the Charter of Fundamental Rights, legally binding. For the first time, the treaty gave member states the explicit legal right to leave the EU, and established a procedure by which to do so. The stated aim of the treaty was to "complete the process started by the
Treaty of Amsterdam 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; it ...
997and by the
Treaty of Nice 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 The Maastricht Treaty, concluded in 1992 between the 12 member states of the European Communitie ...
001with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action". Opponents of the Treaty of Lisbon, such as former Danish
Member of the European Parliament A Member of the European Parliament (MEP) is a person who has been elected to serve as a popular representative in the European Parliament The European Parliament (EP) is one of three legislative branches of the European Union ...
(MEP)
Jens-Peter Bonde Jens-Peter Rossen Bonde (27 March 1948 – 4 April 2021) was a Danish politician who served as Member of the European Parliament A Member of the European Parliament (MEP) is a person who has been elected to serve as a popular representativ ...
, argued that it would centralize the EU, and weaken democracy by "moving power away" from national electorates. Supporters argue that it brings more checks and balances into the EU system, with stronger powers for the European Parliament and a new role for national parliaments. Negotiations to modify EU institutions began in 2001, resulting first in the proposed
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 A treaty is a formal legally binding written agreement betw ...
, which would have repealed the existing European treaties and replaced them with a "constitution". Although ratified by a majority of member states, this was abandoned after being rejected by 55% of French voters on 29 May 2005 and then by 61% of Dutch voters on 1 June 2005. After a "period of reflection", member states agreed instead to maintain the existing treaties and amend them, to bring into law a number of the reforms that had been envisaged in the abandoned constitution. An amending "reform" treaty was drawn up and signed in Lisbon in 2007. It was originally intended to have been ratified by all member states by the end of 2008. This timetable failed, primarily due to the initial rejection of the Treaty in June 2008 by the
Irish Irish most commonly refers to: * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ** Northern Ireland, a constituent unit of the United Kingdom of Great Britain and North ...

Irish
electorate, a decision which was reversed in a second referendum in October 2009 after Ireland secured a number of concessions related to the treaty.


History


Background

The need to review the EU's constitutional framework, particularly in light of the accession of ten new Member States in 2004, was highlighted in a declaration annexed to the Treaty of Nice in 2001. The agreements at Nice had paved the way for further
enlargement
enlargement
of the Union by reforming voting procedures. The Laeken declaration of December 2001 committed the EU to improving
democracy Democracy ( gr, δημοκρατία, ''dēmokratiā'', from ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to cho ...

democracy
,
transparency Transparency, transparence or transparent most often refer to transparency and translucency, the physical property of allowing the transmission of light through a material. They may also refer to: Literal uses * Transparency (photography), a sti ...
and efficiency, and set out the process by which a
constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

constitution
aiming to achieve these goals could be created. The European Convention was established, presided over by former French
President President most commonly refers to: *President (corporate title) A president is a leader of an organization, company, community, club, trade union, university or other group. The relationship between a president and a Chief Executive Officer, chi ...
Valéry Giscard d'Estaing The French name Valery () is a given name or surname of Germanic origin ''Walaric'' (see Walric of Leuconay), that has often been confused in modern times with the Latin name ''Valerius The gens Valeria was a patrician (ancient Rome), patricia ...
, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. The final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Ireland. Until the Lisbon Treaty the EU did not have any explicit law respecting the foreign investment regulations. The
Constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...
, having been agreed by heads of government from the
25 Member States
25 Member States
, was signed at a ceremony in Rome on 29 October 2004. Before it could enter into force, however, it had to be
ratified Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intend ...

ratified
by each member state. Ratification took different forms in each country, depending on the traditions, constitutional arrangements, and political processes of each country. In 2005,
referendum A referendum (plural: referendums or less commonly referenda) is a direct Direct may refer to: Mathematics * Directed set In mathematics Mathematics (from Ancient Greek, Greek: ) includes the study of such topics as quantity (number th ...

referendum
s held in
France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several large landmasses ...
and
the Netherlands ) , national_anthem = ( en, "William of Nassau") , image_map = EU-Netherlands.svg , map_caption = , image_map2 = BES islands location map.svg , map_caption2 = , image_map3 ...
rejected the
European Constitution 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 A treaty is a formal legally binding written agreement betw ...
. While the majority of the Member States already had ratified the European Constitution (mostly through parliamentary ratification, although Spain and Luxembourg held referendums), due to the requirement of unanimity to amend the treaties of the EU, it became clear that it could not enter into force. This led to a "period of reflection" and the political end of the proposed European Constitution.


New impetus

In 2007, Germany took over the rotating EU Presidency and declared the period of reflection over. By March, the 50th anniversary of the
Treaties 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 The European Economic Community (EEC) was a regional organization that ...
, the Berlin Declaration was adopted by all Member States. This declaration outlined the intention of all Member States to agree on a new treaty in time for the 2009 Parliamentary elections, that is to have a ratified treaty before mid-2009. Already before the Berlin Declaration, the Amato Group (officially the Action Committee for European Democracy, ACED)a group of European politicians, backed by the
Barroso Commission The Barroso Commission was the European Commission The European Commission (EC) is the Executive (government), executive branch of the European Union, responsible for proposing legislation, implementing decisions, upholding the Treaties of the ...
with two representatives in the group – worked unofficially on rewriting the Treaty establishing a Constitution for Europe (EU Constitution). On 4 June 2007, the group released their text in French – cut from 63,000 words in 448 articles in the Treaty establishing a Constitution for Europe to 12,800 words in 70 articles. In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty: *21–23 June 2007: European Council meeting in Brussels, mandate for
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) *23 July 2007: IGC in Lisbon, text of Reform Treaty *7–8 September 2007: Foreign Ministers' meeting *18–19 October 2007: European Council in Lisbon, final agreement on Reform Treaty *13 December 2007: Signing in Lisbon *1 January 2009: Intended date of entry into force


Drafting


June European Council (2007)

On 21 June 2007, the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
of heads of states or governments met 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, Brusse ...

Brussels
to agree upon the foundation of a new treaty to replace the rejected Constitution. The meeting took place under the German Presidency of the EU, with
Chancellor Chancellor ( la, links=no, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the ''cancellarii Cancelli are lattice-work, placed before a window, a door-way, the tribunal o ...
Angela Merkel Angela Dorothea Merkel (; ; born 17 July 1954) is a German politician and scientist who served as the chancellor of Germany The chancellor of Germany, officially the federal chancellor of the Federal Republic of Germany (german: Bundeskanz ...

Angela Merkel
leading the negotiations as President-in-Office of the European Council. After dealing with other issues, such as deciding on the accession of
Cyprus Cyprus ; tr, Kıbrıs (), officially called the Republic of Cyprus,, , lit: Republic of Cyprus is an island country An island country or an island nation is a country A country is a distinct territory, territorial body or poli ...

Cyprus
and
Malta Malta ( , , ), officially known as the Republic of Malta ( mt, Repubblika ta' Malta ) and formerly Melita, is a Southern European island country consisting of an archipelago in the Mediterranean Sea. It lies south of Italy, east of Tunisi ...

Malta
to the
Eurozone The eurozone, officially called the euro area, is a monetary union of 19 Member state of the European Union, member states of the European Union (EU) that have adopted the euro (euro sign, €) as their primary currency and sole legal tender. T ...

Eurozone
, negotiations on the Treaty took over and lasted until the morning of 23 June 2007. The hardest part of the negotiations was reported to be Poland's insistence on square root voting in the
Council of MinistersThe Council of Ministers is a traditional name given to the supreme executive organ in some governments. The term is usually equivalent to the word " cabinet" ( Council of State is a similar term that also may refer to a Cabinet. However, the terms ...

Council of Ministers
. The European Round Table of Industrialists (ERT) Members contributed to the preparation of the Lisbon Agenda, which sought to make Europe the 'most competitive and dynamic knowledge-based economy in the world' by the year 2010. But the implementation of the Agenda was less impressive than the declarations made at its adoption by the European Council in March 2000. ERT Members constantly stressed the need for better performance by national governments towards achieving the Lisbon targets within a specified timeframe that otherwise risked remaining beyond Europe's grasp. In subsequent years, ERT regularly contributed to the debate on how to ensure better implementation of the Lisbon Agenda across all EU Member States, including on ways to foster innovation and achieve higher industry investment in Research & Development in Europe. The agreement was reached on a 16-page mandate for 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 ...
, that proposed removing much of the constitutional terminology and many of the symbols from the old European Constitution text. In addition, it was agreed to recommend to the IGC that the provisions of the old European Constitution should be amended in certain key aspects (such as voting or foreign policy). Due to pressure from the United Kingdom and Poland, it was also decided to add a protocol to the
Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain civil and political rights, political, economic, social and cultural rights, social, and economic rights for European Union (EU) Citizenship of the European Union, ...
(clarifying that it did not extend the rights of the courts to overturn domestic law in Britain or Poland). Among the specific changes were greater ability to opt out in certain areas of legislation and that the proposed new voting system that was part of the European Constitution would not be used before 2014 (see Provisions below).; In the June meeting, the name 'Reform Treaty' also emerged, finally clarifying that the Constitutional approach was abandoned. Technically it was agreed that the Reform Treaty would amend both 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 The Treaty on the Functioning of the European Union (TFEU) is one of two treaties formi ...
(TEU) and the
Treaty establishing the European Community 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 signed ...
(TEC) to include most provisions of the European Constitution, however not to combine them into one document. It was also agreed to rename the treaty establishing the European Community, which is the main functional agreement including most of the substantive provisions of European primary law, to " Treaty on the Functioning of the Union". In addition, it was agreed, that unlike the European Constitution where a charter was part of the document, there would only be a reference to the
Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain civil and political rights, political, economic, social and cultural rights, social, and economic rights for European Union (EU) Citizenship of the European Union, ...
to make that text legally binding. After the council, Poland indicated they wished to re-open some areas. During June, Poland's Prime Minister had controversially stated that Poland would have a substantially larger population were it not for World War II. Another issue was that Dutch prime minister Jan-Peter Balkenende succeeded in obtaining a greater role for national parliaments in the EU decision-making process, as he declared this to be non-negotiable for Dutch agreement.


Intergovernmental Conference (2007)

Portugal had pressed and supported Germany to reach an agreement on a mandate for 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) under their presidency. After the June negotiations and final settlement on a 16-page framework for the new Reform Treaty, the Intergovernmental conference on actually drafting the new treaty commenced on 23 July 2007. The IGC opened following a short ceremony. The Portuguese presidency presented a 145-page document (with an extra 132 pages of 12 protocols and 51 declarations) entitled the ''Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community'' and made it available on the
Council of MinistersThe Council of Ministers is a traditional name given to the supreme executive organ in some governments. The term is usually equivalent to the word " cabinet" ( Council of State is a similar term that also may refer to a Cabinet. However, the terms ...

Council of Ministers
website as a starting point for the drafting process. In addition to government representatives and legal scholars from each member state, the European Parliament sent three representatives. These were
conservative Conservatism is an aesthetic Aesthetics, or esthetics (), is a branch of philosophy that deals with the nature of beauty and taste (sociology), taste, as well as the philosophy of art (its own area of philosophy that comes out of aest ...
Elmar Brok Elmar Peter Brok (born 14 May 1946) is a German politician who served as Member of the European Parliament A Member of the European Parliament (MEP) is a person who has been elected to serve as a popular representative in the European Par ...
,
social democratic Social democracy is a political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, or other forms of Power (social and political), power relations between individu ...

social democratic
Enrique Baron Crespo and
liberal Liberal or liberalism may refer to: Politics *a supporter of liberalism, a political and moral philosophy **Liberalism by country *an adherent of a Liberal Party Arts, entertainment and media *''El Liberal'', a Spanish newspaper published betw ...
Andrew Duff Andrew Nicholas Duff, Order of the British Empire, OBE (born 25 December 1950) is a British politician who presided over the Union of European Federalists (UEF) from 2008 to 2013. A member of the Liberal Democrats (UK), Liberal Democrats, he serv ...

Andrew Duff
. Before the opening of the IGC, the Polish government expressed a desire to renegotiate the June agreement, notably over the voting system, but relented under political pressure by most other Member States, due to a desire not to be seen as the sole trouble maker over the negotiations.


October European Council (2007)

The October European Council, led by Portugal's Prime Minister and then President-in-Office of the European Council,
José Sócrates José Sócrates Carvalho Pinto de Sousa, Order of Prince Henry, GCIH (born 6 September 1957), commonly known as José Sócrates (), is a Portugal, Portuguese politician who was the Prime Minister of Portugal from 12 March 2005 to 21 June 2011. Fo ...

José Sócrates
, consisted of legal experts from all Member States scrutinising the final drafts of the Treaty. During the council, it became clear that the Reform Treaty would be called the 'Treaty of Lisbon', because its signing would take place in
Lisbon Lisbon (; pt, Lisboa ) is the capital and the largest city of Portugal, with an estimated population of 544,851 within its administrative limits in an area of 100.05 km2. Grande Lisboa, Lisbon's urban area extends beyond the city's admin ...

Lisbon
—Portugal being the holder of the presidency of the Council of the European Union at the time. At the European Council meeting on 18 and 19 October 2007 in Lisbon, a few last-minute concessions were made to ensure the signing of the treaty. That included giving Poland a slightly stronger wording for the revived Ioannina Compromise, plus a nomination for an additional Advocate General at the
European Court of Justice European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Justice
. The creation of the permanent "Polish" Advocate General was formally permitted by an increase of the number of Advocates General from 8 to 11. Despite these concessions and alterations, Giscard d’Estaing stated that the treaty included the same institutional reforms as those in the rejected Constitution, but merely without language and symbols that suggested Europe might have 'formal political status'. These 'more symbolic than substantial' concessions were designed 'to head off any threat of referenda' which had killed the Constitution.


Signing

At the meeting of the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
in October 2007, Portugal insisted that the Treaty (then called the 'Reform Treaty') be signed in
Lisbon Lisbon (; pt, Lisboa ) is the capital and the largest city of Portugal, with an estimated population of 544,851 within its administrative limits in an area of 100.05 km2. Grande Lisboa, Lisbon's urban area extends beyond the city's admin ...

Lisbon
, the Portuguese capital. This request was granted, and the Treaty was thus to be called the Treaty of Lisbon, in line with the tradition of European Union treaties. The Portuguese presidency was appointed to the job of organising the programme for a signing ceremony. The signing of the Treaty of Lisbon took place in Lisbon, Portugal on 13 December 2007. The
Government of Portugal The Government of Portugal is one of the four sovereignty bodies of the Portuguese Republic, together with the President of Portugal, President of the Republic, the Assembly of the Republic (Portugal), Assembly of the Republic and Judiciary of Por ...
, by virtue of holding
Presidency of the Council of the European Union The presidency of the Council of the European Union is responsible for the functioning of the Council of the European Union A council is a group of people who come together to consult, deliberate, or make decisions. A council may function a ...
at the time, arranged a ceremony inside the 15th-century
Jerónimos Monastery The Jerónimos Monastery or Hieronymites Monastery ( pt, Mosteiro dos Jerónimos, ) is a former monastery of the Order of Saint Jerome The Order of Saint Jerome or Hieronymites ( la, Ordo Sancti Hieronymi, abbreviated O.S.H.) is a Catholic enclos ...

Jerónimos Monastery
, the same place Portugal's treaty of accession to the European Union (EU) was signed in 1985. Representatives from the 27 EU
member states A member state is a state that is a member of an international organization An international organization (also known as an international institution or intergovernmental organization) is a stable set of norms and rules meant to govern the be ...
were present, and signed the Treaty as
plenipotentiaries A ''plenipotentiary'' (from the Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the p ...
, marking the end of treaty negotiations. In addition, for the first time an EU treaty was also signed by the presidents of the three main EU institutions. Prime Minister
Gordon Brown James Gordon Brown (born 20 February 1951) is a British politician who served as Prime Minister of the United Kingdom The prime minister of the United Kingdom is the head of government The head of government is either the h ...

Gordon Brown
of the United Kingdom did not take part in the main ceremony, and instead signed the treaty separately a number of hours after the other delegates. A requirement to appear before a committee of British MPs was cited as the reason for his absence.


Approval by the European Parliament

On 20 February 2008, the European Parliament voted in favour of a non-binding resolution endorsing the Lisbon Treaty by 525 votes in favour and 115 against, on the basis of an analysis of the treaty's implications by the Parliament's
rapporteur A rapporteur is a person who is appointed by an organization to report on the proceedings of its meetings. The term is a French-derived word. For example, Dick Marty Dick Marty (born 7 January 1945) is a Swiss Swiss may refer to: * the adjectival ...

rapporteur
s
Richard Corbett Richard Graham Corbett Order of the British Empire, CBE (born 6 January 1955) is a British politician who served as the final European Parliamentary Labour Party#Leader, Leader of the European Parliamentary Labour Party (EPLP), from 2017 to 202 ...

Richard Corbett
and Inigo Mendez de Vigo. They had been the Parliament's rapporteurs on the constitutional treaty.


Ratification (2009)

All EU member states had to ratify the Treaty before it could enter into law. A national ratification was completed and registered when the instruments of ratification were lodged with the Government of Italy. The month following the deposition of the last national ratification saw the Treaty enter into force across the EU. Under the original timetable set by the German
Presidency of the Council of the European Union The presidency of the Council of the European Union is responsible for the functioning of the Council of the European Union A council is a group of people who come together to consult, deliberate, or make decisions. A council may function a ...
in the first half of 2007, the Treaty was initially scheduled to be fully ratified by the end of 2008, thus entering into force on 1 January 2009. This plan failed however, primarily due to the initial rejection of the Treaty in 2008 by the
Irish Irish most commonly refers to: * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ** Northern Ireland, a constituent unit of the United Kingdom of Great Britain and North ...

Irish
electorate in a referendum, a decision which was reversed in a second referendum in October 2009.
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic. It is separated from Great Britain to its east by the North Channel (Great Britain and Ireland), North Channel, the Irish Sea ...

Ireland
, as required by its constitution, was the only member state to hold referendums on the Treaty. In the UK, the European Union (Amendment) Bill was debated in the House of Commons on 21 January 2008, and passed its second reading that day by a vote of 362 to 224; Prime Minister
Gordon Brown James Gordon Brown (born 20 February 1951) is a British politician who served as Prime Minister of the United Kingdom The prime minister of the United Kingdom is the head of government The head of government is either the h ...

Gordon Brown
was absent that day; the Bill was proposed to the Commons by
David Miliband David Wright Miliband (born 15 July 1965) is the President (corporate title), president and chief executive officer (CEO) of the International Rescue Committee and a former British Labour Party (UK), Labour Party politician. He was the Foreign Se ...

David Miliband
The Czech instrument of ratification was the last to be deposited in Rome on 13 November 2009. Therefore, the Treaty of Lisbon entered into force on 1 December 2009.


Impact

The exact impact of the treaty on the functioning of the EU left many questions open (uncertainties which have led to calls for another new treaty in response to the economic crisis in the late 2000s). When its impact is assessed, the biggest winners from Lisbon have been Parliament, with its increase in power, and the European Council. The first months under Lisbon arguably saw a shift in power and leadership from the commission, the traditional motor of integration, to the European Council with its new full-time and longer-term President.European Council seen as winner under Lisbon Treaty
EU observer
The split between the Commission and European Council presidents involved overlap, potential rivalry and unwieldy compromises, such as both presidents attending international summits, in theory each with their own responsibilities, but inevitably with a considerable grey area. There was some expectation that the posts might be merged—as permitted under the new treaty—in 2014, when their two mandates expired. Parliament has used its greater powers over legislation, but also for example over the appointment of the commission to gain further privileges from President Barroso and it used its budgetary powers as a veto over how the External Action Service should be set up. It also applied its new power over international agreements to rapidly block the
SWIFT The Society for Worldwide Interbank Financial Telecommunication (SWIFT), legally S.W.I.F.T. SCRL, is a Belgium, Belgian cooperative society that serves as an intermediary and executor of financial transactions between banks worldwide. It also ...
data sharing deal with the US and threatened to do so over a
free trade agreementA free trade agreement (FTA) or treaty A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by sovereign states and international organizations, but can sometimes include individ ...
with
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is for ...

South Korea
. The redistribution of separated powers was affected by the ratification process. Like the commission, the Council of Ministers has, relatively, lost power due to Treaty of Lisbon. Its dynamic has also changed as member states have lost their veto in a number of areas. Consequently, they have had to come up with stronger arguments faster in order to win a vote. The presidency of the council, which continues to rotate among member states every six months, has lost influence: the prime minister of the country in question no longer chairs the European Council, and its foreign minister no longer represents the EU externally (that is now done by the High Representative).


Functioning

As an amending treaty, the Treaty of Lisbon is not intended to be read as an autonomous text. It consists of a number of amendments to 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 The Treaty on the Functioning of the European Union (TFEU) is one of two treaties formi ...
("Maastricht Treaty") and the
Treaty establishing the European Community The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community The European Economic Community (EEC) was a regional organization a ...
("Treaty of Rome"), the latter renamed 'Treaty on the Functioning of the European Union' in the process. As amended by the Treaty of Lisbon, the Treaty on European Union provides a reference to the EU's Charter of Fundamental Rights, making that document legally binding. The Treaty on European Union, the Treaty on the Functioning of the European Union and the Charter of Fundamental rights thus have equal legal value and combined constitute the European Union's legal basis. A typical amendment in Treaty of Lisbon text is: The commission has published
consolidated text
(in each community language) which shows the previous Treaties as revised by the Treaty of Lisbon.


Fundamental Rights Charter

The fifty-five articles of the Charter of Fundamental Rights of the European Union enshrine certain political, social, and economic rights for both European Union citizens and residents, into
EU law European Union law is a system of rules operating within the member states of the European Union The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a whic ...
. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
, the
Council of MinistersThe Council of Ministers is a traditional name given to the supreme executive organ in some governments. The term is usually equivalent to the word " cabinet" ( Council of State is a similar term that also may refer to a Cabinet. However, the terms ...

Council of Ministers
and the
European Commission The European Commission (EC) is the executive branch The executive is the branch of government exercising authority in and holding Moral responsibility, responsibility for the governance of a State (polity), state. The executive executes a ...

European Commission
. However its then legal status was uncertain and it did not have full legal effect until the entry into force of the Lisbon Treaty on 1 December 2009. In the rejected
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 A treaty is a formal legally binding written agreement betw ...
the charter was integrated as a part of the treaty itself. In the Lisbon Treaty, however, the charter is incorporated by reference and given legal status without forming part of the treaties. The EU must act and legislate consistently with the Charter and the EU's courts will strike down EU legislation which contravenes it. The Charter only applies to
EU member states The European Union (EU) consists of 27 member states which are signatories to the Treaties of the European Union, founding treaties of the union and thereby shares in the privileges and obligations of membership. They have agreed by the treatie ...
as regards their implementation of EU law and does not extend the competences of the EU beyond its competences as defined in the treaties.


Amendments


Central Bank

The European Central Bank gained the official status of being an EU institution, and the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
was given the right to appoint presidents of the European Central Bank through a qualified majority vote. On a related topic, the
euro The euro (currency symbol, symbol: euro sign, €; ISO 4217, code: EUR) is the official currency of 19 of the Member state of the European Union, member states of the European Union. This group of states is known as the eurozone or euro area ...

euro
became the official currency of the Union (though not affecting opt-outs or the process of Eurozone enlargement).


Judiciary

Under the Treaty of Lisbon, the Court of First Instance has been renamed the General Court. The Civil Service Tribunal and the
European Court of Justice European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Justice
(formerly named the ''Court of Justice of the European Communities'', and formally called only ''Court of Justice'' after the Treaty of Lisbon), along with the General Court, were established as sub-courts of a new EU institution named 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 Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European lang ...
. The jurisdiction of the courts continued to be excluded from matters of foreign policy, though new jurisdiction to review foreign policy sanction measures, as well as certain '
Area of Freedom, Security and Justice The area of freedom, security and justice (AFSJ) is a collection of home affairs and justice policies designed to ensure security, rights and free movement within the European Union The European Union (EU) is a political and economic unio ...
' (AFSJ) matters not concerning policing and criminal cooperation, were added.


Council of Ministers

The treaty has expanded the use of
qualified majority voting The procedures for voting in the Council of the European Union are described in the treaties of the European Union The Treaties of the European Union are a set of international treaties A treaty is a formal legally binding written agreeme ...
(QMV) in the Council of Ministers by having it replace unanimity as the standard voting procedure in almost every policy area outside taxation and foreign policy. Moreover, taking effect in 2014, the definition of a ''qualified majority'' has changed: a qualified majority is reached when at least 55% of all member states, who comprise at least 65% of EU citizens, vote in favour of a proposal. When the Council of Ministers is acting neither on a proposal of the Commission nor on one of the High Representative, QMV requires 72% of the member states while the population requirement remains the same. However, the "blocking minority" that corresponds to these figures must comprise at least 4 countries. Hence, the voting powers of the member states are based on their population, and are no longer dependent on a negotiable system of voting points. The reform of
qualified majority voting The procedures for voting in the Council of the European Union are described in the treaties of the European Union The Treaties of the European Union are a set of international treaties A treaty is a formal legally binding written agreeme ...
(QMV) in the Council of the European Union, Council was one of the main issues in the negotiation of the Lisbon Treaty. The earlier rules for QMV, set in the Treaty of Nice and applying until 2014, required a majority of countries (50% / 67%), voting weights (74%), and population (62%). Between 2014 and 2017 a transitional phase is taking place where the new QMV rules apply, but where the old Nice treaty voting weights can be applied when a member state formally requests it. Moreover, from 2014 a new version of the 1994 "Ioannina compromise" allows small minorities of EU states to call for re-examination of EU decisions. The treaty instructs that Council deliberations on legislation (that include debate and voting) will be held in public (televised), as was already the case in the European Parliament. The Presidency of the Council of the European Union, Presidency of the Council of Ministers, rotates among member states every six months, with a "Trio" formed by three consecutive Presidencies in order to provide more continuity to their conduct. However, the Foreign Affairs Council (one configuration of the Council of ministers), is no longer chaired by the representative of the member state holding the Presidency, but rather by the person holding the newly created post of High Representative of the Union for Foreign Affairs and Security Policy, High Representative. Additionally the Euro Group sub-unit of ECOFIN
Eurozone The eurozone, officially called the euro area, is a monetary union of 19 Member state of the European Union, member states of the European Union (EU) that have adopted the euro (euro sign, €) as their primary currency and sole legal tender. T ...

Eurozone
countries was formalized.


European Council

The
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
officially gains the status of an EU institution, thus being separated from the Council of ministers. It continues to be composed of the head of state, heads of state head of government, or government of the Union's European Union member state, member states along with the (nonvoting) President of the European Commission and its own president. The President of the European Council is appointed for a two and a half-year term in a Qualified Majority Voting, qualified majority vote of the European Council. A president can be reappointed once, and be removed by the same voting procedure. Unlike the post of President of the European Commission, the appointment of the President of the European Council does not have to reflect the composition of the
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
. The president's work involves coordinating the work of the European Council, hosting its meetings and reporting its activities to the
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
after each meeting. This makes the president the lynchpin of negotiations to find agreement at European Council meetings, which has become a more onerous task with successive enlargement of the EU to 28 Member States. The president also chairs informal summits of the 19 Member States which use the euro as their currency. Additionally, the president provides external representation to the Union on foreign policy and security matters when such representation is required at the level of heads of state or government (bilateral summits and G8/G20). Under the Treaty of Lisbon, the European Council is charged with setting the strategic priorities of the Union, and in practice with handling crises. It has a key role in appointments, including the commission, the
High Representative of the Union for Foreign Affairs and Security Policy The High Representative of the Union for Foreign Affairs and Security Policy (HR/VP) is the chief co-ordinator and representative of the Common Foreign and Security Policy (CFSP) within the European Union (EU). The position is currently held by ...
and the members of the Board of the European Central Bank; the suspension of membership rights; changing the voting systems in the treaties bridging clauses. Under the ''emergency break'' procedure, a state may refer contentious legislation from the Council of ministers to the European Council if it is outvoted in the Council of ministers, notwithstanding that it may still be outvoted in the European Council.


Parliament

The legislative power of the
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
increases, as the codecision procedure with the Council of the EU is extended to almost all areas of policy. This procedure is slightly modified and renamed ''ordinary legislative procedure''. In the few remaining areas, called "special legislative procedures", Parliament now has either the right of consent to a Council of the EU measure, or vice versa, except in the few cases where the old Consultation procedure still applies, wherein the Council of the EU will only need to consult the European Parliament before voting on the Commission proposal. Council is then not bound by the Parliament's position but only by the obligation to consult it. Parliament would need to be consulted again if the Council of ministers deviated too far from the initial proposal. The commission will have to submit each proposed budget of the European Union directly to Parliament, which must approve the budget in its entirety. The Treaty changes the way in which Member of the European Parliament, MEP seats are apportioned among member states. Rather than setting out a precise number (as it was the case in every previous treaty), the Treaty of Lisbon gives the power to the Council of the EU, acting unanimously on the initiative of the Parliament and with its consent, to adopt a decision fixing the number of MEPs for each member state. Moreover, the treaty provides for the number of MEPs to be Degressive proportionality, degressively proportional to the number of citizens of each member state. A draft decision fixing the apportionment of MEPs was annexed to the treaty itself and had Lisbon been in force at the time of 2009 European Parliament elections the apportionment would have been: In the meantime, Croatia's seats, when it joins, will be supernumerary. The number of MEPs will be limited to 750, in addition to the President of the European Parliament, President of the Parliament. Additionally, the Treaty of Lisbon will reduce the maximum number of MEPs from a member state from 99 to 96 (affects Germany) and increases the minimal number from 5 to 6 (affects Malta).


National parliaments

The Treaty of Lisbon expanded the role of Member States' parliaments in the legislative processes of the EU by giving them a prior scrutiny of legislative proposals before the Council and the Parliament can take a position. The Treaty of Lisbon provides for national parliaments "to contribute to the good functioning of the Union" through receiving draft EU legislation, seeing to it that the Subsidiarity, principle of subsidiarity is respected, taking part in the evaluation mechanisms for the implementation of the Union policies in the Police and Judicial Co-operation in Criminal Matters, area of freedom, security and justice, being involved in the political monitoring of Europol and the evaluation of Eurojust's activities, being notified of applications for Enlargement of the European Union, EU accession, taking part in the inter-parliamentary cooperation between national parliaments and with the
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
. The Treaty of Lisbon allows national parliaments eight weeks to study legislative proposals made by the
European Commission The European Commission (EC) is the executive branch The executive is the branch of government exercising authority in and holding Moral responsibility, responsibility for the governance of a State (polity), state. The executive executes a ...

European Commission
and decide whether to send a reasoned opinion stating why the national parliament considers it to be incompatible with the principle of subsidiarity. National parliaments may vote to have the measure reviewed. If one third (or one quarter, where the proposed EU measure concerns freedom, justice and security) of national parliaments are in favour of a review, the commission would have to review the measure and if it decides to maintain it, must give a reasoned opinion to the Union legislator as to why it considers the measure to be compatible with subsidiarity.


Commission

The European Commission, Commission of the European Communities will officially be renamed ''European Commission''. The Treaty of Lisbon stated that the size of the commission will reduce from one per member state to one for two-thirds of member states from 2014, with an equal rotation over time. This would have ended the arrangement which has existed since 1957 of having at least one Commissioner for each Member State at all times. However, the Treaty also provided that the European Council could unanimously decide to alter this number. Following the first Irish referendum on Lisbon, the European Council decided in December 2008 to revert to one Commissioner per member state with effect from the date of entry into force of the Treaty. The person holding the new post of ''High Representative of the Union for Foreign Affairs and Security Policy'' automatically becomes also a Vice-President of the European Commission, Vice-President of the Commission.


Foreign relations and security


High Representative

In an effort to ensure greater coordination and consistency in EU foreign policy, the Treaty of Lisbon created a ''High Representative of the Union for Foreign Affairs and Security Policy'', de facto merging the post of High Representative for the Common Foreign and Security Policy and the European Commissioner for External Relations and European Neighbourhood Policy. The High Representative is Vice-President of the European Commission, Vice-President of the Commission, the administrator of the European Defence Agency but not the Secretary-General of the Council of the European Union, Secretary-General of the Council of Ministers, which becomes a separate post. He or she has a right to propose defence or security missions. In the proposed constitution this post was called the ''Union Minister of Foreign Affairs''. The High Representative for Foreign Affairs and Security Policy is in charge of an External Action Service of the European Union, External Action Service also created by the Treaty of Lisbon. This is essentially a common Foreign Office or Diplomatic Corps for the Union.


Mutual solidarity

Under the Treaty of Lisbon, Member States should assist if a member state is subject to a terrorist attack or the victim of a natural or man-made disaster (but any joint military action is subject to the provisions of Article 31 of the consolidated Treaty of European Union, which recognises various national concerns). In addition, several provisions of the treaties have been amended to include solidarity in matters of energy supply and changes to the energy policy within the EU.


Defence prospects

The treaty foresees that the European Security and Defence Policy will lead to a common defence for the EU when the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
resolves unanimously to do so, and provided that all member states give their approval through their usual constitutional procedures. Additionally, the area of defence has become available to enhanced co-operation, potentially allowing for a defence integration that excludes member states with policies of neutrality. Countries with significant military capabilities are envisioned to form a Enhanced co-operation#Permanent Structured Cooperation in Defence, Permanent Structured Cooperation in Defence.


Legal consolidation

Prior to the entry into force of the Treaty of Lisbon, the Union comprised a system of Three pillars of the European Union, three legal pillars, of which only the European Communities pillar had its own legal personality. The Treaty of Lisbon abolished this pillar system, and as a consolidated entity, the European Union succeeded the legal personality of the ''European Communities''. Therefore, the EU is now able to sign international treaties in its own name. The European Union gained for example membership of the World Trade Organization immediately after the entry into force of the Treaty of Lisbon, since the European Communities was already a member of that organisation.


EU evolution timeline


Defined policy areas

In the Lisbon Treaty the distribution of competences in various policy areas between Member States and the Union is explicitly stated in the following three categories:


Enlargement and secession

A proposal to enshrine the Copenhagen Criteria for further enlargement in the treaty was not fully accepted as there were fears it will lead to European Court of Justice, Court of Justice judges having the last word on who could join the EU, rather than political leaders. The treaty introduces an Withdrawal from the European Union, exit clause for members wanting to withdraw from the Union. This formalises the Withdrawal from the European Union#Procedure, procedure by stating that a member state must inform the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
before it can terminate its membership, and a withdrawal agreement would then be negotiated between the Union and that State, with the Treaties of the European Union, Treaties ceasing to be applicable to that State from the date of the agreement or, failing that, within two years of the notification unless the State and the Council both agree to extend this period. There have been several instances where a territory has ceased to be part of the Community, e.g. Greenland#Sovereignty, Greenland in 1985, though no member state had ever left at the time the Lisbon Treaty was ratified. Before the Lisbon Treaty came into force, the question of whether a member state had a Withdrawal from the European Union#Pre-Lisbon situation, legal right to leave the union was unclear. On 30 March 2017, the United Kingdom gave notice of Brexit, Britain's intention to leave the European Union. After negotiating a Brexit withdrawal agreement, the UK left the Union on 31 January 2020. A new provision in the Treaty of Lisbon is that 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 countries and territories, overseas country or territory (OCT) to an outermost region (OMR) or vice versa. This provision was included on a proposal by the Netherlands, which was investigating the future of the Netherlands Antilles and Aruba in the European Union as part of an institutional reform process that was taking place in the Netherlands Antilles.


Revision procedures

The Lisbon Treaty creates two different ways for further amendments of the European Union treaties: an ordinary revision procedure which is broadly similar to the present process in that it involves convening an intergovernmental conference, and a simplified revision procedure whereby Part three of the Treaty on the Functioning of the European Union, which deals with Union policies and internal actions, could be amended by a unanimous decision of the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
subject to ratification by all member states in the usual manner. The Treaty also provides for the passerelle clauses which allows the European Council to unanimously decide to move from unanimous voting to qualified majority voting, and move from a Legislature of the European Union#Special legislative procedures, special legislative procedure to the
ordinary legislative procedure The European Union The European Union (EU) is a political and economic union of Member state of the European Union, member states that are located primarily in Europe. Its members have a combined area of and an estimated total popula ...

ordinary legislative procedure
. Ordinary revision procedure # Proposals to amend the treaties are submitted by a Member State, the European Parliament or the European Commission to the Council of Ministers who, in turn, submit them to the European Council and notify member states. There are no limits on what kind of amendments can be proposed. # The European Council, after consulting the European Parliament and the commission, votes to consider the proposals on the basis of a simple majority, and then either: #* The President of the European Council convenes a convention containing representatives of national parliaments, governments, the European Parliament and the European Commission, to further consider the proposals. In due course, the convention submits its final recommendation to the European Council. #* Or the European Council decides, with the consent of the European Parliament, not to convene a convention, and set the terms of reference for the inter-governmental conference itself. # The President of the European Council convenes an inter-governmental conference consisting of representatives of each member-state's government. The conference drafts and finalises a treaty based on the convention's recommendation or on the European Council's terms of reference. # EU leaders sign the treaty. # All member states must then ratify the treaty "in accordance with their respective constitutional requirements", if it is to come into force. Simplified revision procedure # Proposals to amend Part three of the Treaty on the Functioning of the European Union are submitted by a Member State, the European Parliament or the European Commission to the Council of Ministers who, in turn, submit them to the European Council and notify member states. Proposed amendments cannot increase the competences of the Union. # The European Council, after consulting the European Parliament and the commission, votes to adopt a decision amending Part three on the basis of the proposals by unanimity. # All member states must approve the decision "in accordance with their respective constitutional requirements", if it is to come into force. The Passerelle Clause The treaty also allows for the changing of voting procedures without amending the EU treaties. Under this clause the European Council can, after receiving the consent of the European Parliament, vote unanimously to: * allow the Council of Ministers to act on the basis of qualified majority in areas where they previously had to act on the basis of unanimity. (This is not available for decisions with defence or military implications.) * allow for legislation to be adopted on the basis of the ordinary legislative procedure where it previously was to be adopted on the basis of a special legislative procedure. A decision of the European Council to use either of these provisions can only come into effect if, six months after all national parliaments had been given notice of the decision, none object to it.


Opt-outs


United Kingdom opt-out for justice and home affairs

Under the former third pillar, the Council of Ministers could adopt measures relating to justice and home affairs. These laws did not come within the body of European Community law, and had only the optional jurisdiction of the European Court of Justice. The commission could not bring enforcement action against any member state for failing to implement or for failing to correctly implement third pillar measures. The UK and Ireland had a flexible opt-out from justice and home affairs measures and could choose to participate in them on a case-by-case basis. Under the Treaty of Lisbon, the limitations on the powers of the Court of Justice and the commission would be lifted after a transitional period of five years which expired on 30 November 2014. In order to avoid submitting to the jurisdiction of the Court of Justice and to enforcement actions by the commission, the UK negotiated an opt-out which allowed them the option of a block withdrawal from all third pillar measures they had previously chosen to participate in. In October 2012 the UK government announced that it intended to exercise this opt-out and then selectively opt back into certain measures. The use of this opt-out by the UK did not affect the UK's flexible opt-out from justice and home affairs measures, or Ireland's identical opt-out.


See also

* History of the European Union * Signing of the Treaty of Lisbon * Treaties of the European Union * Timeline of European Union history * Three pillars of the European Union


References


Further reading

* Agarunova, Sabina, ed. ''Could the Lisbon Treaty bring the EU and its institutions closer towards democracy and reduce the democratic deficit?'' (2016
excerpt
* Huang, Chen-Yu. "The UK and the Ratification of the Treaty of Lisbon--A Liberal Intergovernmentalist Analysis." ''EurAmerica'' 44.2 (2014). * Dougan, Michael. "The Treaty of Lisbon 2007: Winning minds, not hearts." ''Common Market Law Review'' 45.3 (2008): 617–703. * Kiiver, Philipp. "The Treaty of Lisbon, the national parliaments and the principle of subsidiarity." ''Maastricht Journal of European and Comparative Law'' 15.1 (2007): 77-8
online
* Pernice, Ingolf. "The Treaty of Lisbon: multilevel constitutionalism in action." ''Columbia Journal of European Law'' 15 (2008): 349–40
online
* Piris, Jean-Claude. ''The Lisbon Treaty: A Legal and Political Analysis'' (2010
excerpt


External links

* Official websites

(archived) – Europa (web portal), Europa *
Treaty of Lisbon
(the amendments) *

*
Consolidated treaties
(the result of the amendments) Media overviews
Q&A: The Lisbon Treaty
– BBC News Online, BBC News
The 'Treaty of Lisbon'
– EurActiv
The EU following the Lisbon Treaty
– Eur-charts visualization {{Authority control Treaty of Lisbon, Treaties concluded in 2007 Treaties entered into force in 2009 Treaties of Romania 2007 in the European Union 2007 in Portugal 2009 in the European Union Treaties of Austria Treaties of Belgium Treaties of Bulgaria Treaties of Cyprus Treaties of the Czech Republic Treaties of Denmark Treaties of Estonia Treaties of Finland Treaties of France Treaties of Germany Treaties of Greece Treaties of Hungary Treaties of Ireland Treaties of Italy Treaties of Latvia Treaties of Lithuania Treaties of Malta Treaties of the Netherlands Treaties of Poland Treaties of Portugal Treaties of Slovakia Treaties of Slovenia Treaties of Spain Treaties of Sweden Treaties of the United Kingdom, Lisbon History of Lisbon 2009 in economics Euro