I. Questions on the historical context of the Lisbon Treaty and steps leading up to the Lisbon Treaty
- What was the Convention on the Future of Europe, and how did the work of the Convention on the Future of Europe feed into the Treaty Establishing a Constitution for Europe?
It was a body established by the European Council in December 2001 as a result of the Laeken Declaration. Its purpose was to produce a draft constitution for the European Union for the Council to finalize and adopt. The Convention finished its work in July 2003 with their Draft Treaty establishing a Constitution for Europe.
- How and when was the Treaty Establishing a Constitution for Europe rejected? Why did the people who rejected the Treaty Establishing a Constitution for Europe do so?
France and the Netherlands held referendums in 2005 that rejected the EU constitution.There were several reasons but between them the fear of giving more sovereignty to Brussels, losing control over immigration, the establishment of the Euro which some say contributed to higher prices and in the case of Netherlands, the feeling of being bullied by bigger countries.
- What happened after the Treaty Establishing a Constitution for Europe was rejected? What happened to the components of that Treaty?
In 2007, leaders of the EU agreed to abandon the constitution and amend existing treaties (mostly the Treaty of Rome and the Treaty of Maastricht) during a new treaty, the Treaty of Lisbon. It would be based on the first and fourth parts of the Constitution, the rest of the Constitution’s changes being achieved through amendments to the Treaty of Rome. It would also give the Charter of Fundamental Rights of the European Union a legally biding status.
- Earlier this semester, you read and analyzed the Treaty Establishing the European Economic Community (or “TEEEC,” for short). That treaty was eventually renamed the Treaty Establishing the European Community (“TEC”) and was later renamed the Treaty on the Functioning of the European Union (“TFEU”). Questions:
(a) Which EU treaty changed the document’s name from the Treaty Establishing the European Economic Community to the Treaty Establishing the European Community?
The Treaty of Nice.
(b) Why was the name change mentioned in point (a) necessary?
It was necessary to establish it as one of the 3 pillars of the EU.
(c) Which EU treaty changed the document’s name from the Treaty Establishing the European Community to the Treaty on the Functioning of the European Union?
Treaty of Lisbon.
(d) Why was the name change mentioned in point (c) necessary?
Because, although not a Constitution, the Treaty of Lisbon has the objective of establishing how the EU actually works.
(e) At present (2016), two treaties serve as the foundation of all EU politics. What are the names of those two treaties? This is not a trick question; if you read “06 Annotated consolidated TEU TFEU 2009,” on Canvas, you should be able to answer it easily.
Treaty of Rome and the Treaty of Maastricht.
II. Questions on the Treaty on European Union, as amended by the Lisbon Treaty
- Examine Title II of the Treaty on European Union. What are the EU’s values (see Article 2), and how do these values overlap with or diverge from the values that “unite Europe,” which we discussed in the semester’s first two weeks?
They both mention dignity, freedom, liberty, democracy, equality and rule of law. The Lisbon Treaty gives more emphasis on human rights and rights of minorities, however, doesn’t mention an even more integrated Europe.
- Examine Title III of the Treaty on European Union. Which new positions (e.g., positions that had not existed before the Lisbon Treaty) are established in Title III (see especially articles 15.5, 15.6, and 18)?
The president of the European Council and the High Representative of the Union for Foreign Affairs and Security Policy.
- Title IV of the Treaty on European Union covers “enhanced cooperation.” In your own words, what does enhanced cooperation mean? How might enhanced cooperation affect the future development of the EU?
Enhance cooperation would have the aim of facilitating communication and everyday work between similar institutions from the EU members states in order to improve efficiency, quality of results and reduce costs.
- Read Article 50 of the Treaty on European Union. What is the upshot of this article, and why has it been so widely discussed recently?
The Article 50 has to do with the option that EU member’s states have to withdraw from the Union if they wish so. It’s been discussed because the UK has voted to leave the EU and has to trigger this article to start the process.
- After reading through the Treaty on European Union, what are your general thoughts and impressions? How does this treaty resemble and differ from the Treaty Establishing the European Economic Community (TEEEC), which you read earlier this semester?
I believe this Treaty is less bold. It doesn’t have a big vision for the EU and it has more to do with the functioning of the Union, the bureaucratic part of it. Not focus in greater integration, but more on the operational part of it.
III. Questions on the Treaty on the Functioning of the European Union, as amended by the Lisbon Treaty
- Examine Part I, Title I. What is the difference between “exclusive competences” (Article 3), “shared competences” (Article 4), “coordination” (Article 5), and “supporting actions” (Article 6)? Give an example of policy areas that fall under each area.
Exclusive competences mean that the EU has superior authority over members’ states in regards those areas. Shared competes signify that the EU and members states have the same level of decision making in these competences. Coordination indicates that there is no clear hierarchy in these areas and the EU and member states have to harmonize in the decision-making. Finally, on supporting actions, members states have the final decision, above the EU in those capacities.
- Examine Part I, Title II. How do the commitments that states make in this section relate to or further the values discussed in Title II of the Treaty on European Union (see question II.1, above)?
They both talk about the same commitments and social goals of the EU.
- Examine Part III. To what extent do the policies and actions discussed here expand the scope of what the EU does, when compared with the original Treaty Establishing the European Economic Community?
It talks about more than just free markets and free movement of goods. But also free movement of people, services and capital.
- Examine Part V. To what extent do the policies and actions discussed here expand the scope of what the EU does, when compared with the original Treaty Establishing the European Economic Community?
On the external arena, the EU will act as a single body. It will do so in regards to customs and trade as well as humanitarian aid, development coordination and international agreements.
- Examine Part VI, Title II. How does the section of the treaty on financial provisions relate to the system(s) of finances discussed in Article 200 and Article 201 of the original Treaty Establishing the European Economic Community?
They both deal with the budget of the EU and where the resources come from. On Article 200 and 201, the resources from customs duties are dealt with. This is important since it is one of the main sources of revenue for the EU.
- After reading through the Treaty on European Union, what are your general thoughts and impressions?
The Treaty on European Union gives the basis of the EU law, principles and purposes. It also sets the functions of the EU governance bodies (Commission, Parliament and Council) as well as establishing common external and security policy.