Accessibility Help

British Broadcasting Corporation

BBC News Updated every minute of every day
News Front Page Africa Americas Asia-Pacific Europe Middle East South Asia UK Business Health Science & Environment Technology Entertainment Also in the news ----------------- Video and Audio ----------------- Programmes Have Your Say In Pictures Country Profiles Special Reports

Related BBC sites

Languages

Page last updated at 12:41 GMT, Tuesday, 24 November 2009
E-mail this to a friend
Printable version

Q&A: The Lisbon Treaty


The Lisbon Treaty has finally been fully ratified, eight years after European leaders launched a process to make the EU "more democratic, more transparent and more efficient".

Under EU rules, the treaty had to be ratified by all 27 member states before coming into force. The last country to ratify the treaty was the Czech Republic, which completed the process on 3 November 2009. The treaty is expected to officially become law in December.

Like the proposed European constitution before it, the treaty is often described as an attempt to streamline EU institutions to make the enlarged bloc of 27 states function better. But its opponents see it as part of a federalist agenda that threatens national sovereignty.

The planned constitution was thrown out by French and Dutch voters in 2005. The Lisbon Treaty which succeeded it was rejected by Irish voters in June 2008. But it got overwhelming support in a second referendum in the Irish Republic on 2 October 2009.

How similar is Lisbon to the draft constitution?

It contains many of the changes the constitution attempted to introduce, for example:

Most European leaders acknowledge that the treaty preserves the main substance of the constitution.

Reform Treaty in detail

If it contains the same substance, why is the Lisbon Treaty not a constitution?

The constitution attempted to replace all earlier EU treaties and start afresh, whereas the new treaty amends the Treaty on the European Union (Maastricht) and the Treaty Establishing the European Community (Rome).

It also drops all reference to the symbols of the EU - the flag, the anthem and the motto - though these will continue to exist.

How long did it take to agree the treaty?

A declaration issued at the EU's Laeken summit in 2001 called for a Convention on the future of Europe to look into the simplification and reorganisation of the EU treaties, and raised the question whether the end result should be a constitution.

The Convention began work in February 2002 and a constitution was signed in Rome two-and-a-half years later, in October 2004. But that text became obsolete when it was rejected by French and Dutch voters in 2005.

Work began in earnest on a replacement treaty during the German EU presidency, in the first half of 2007, and agreement on the main points of the new treaty was reached at a summit in June that year.

Negotiations continued behind the scenes over the following months, until a final draft was agreed by the leaders of the 27 member states in October 2007.

Why was the constitution dropped?

France and the Netherlands said they would be unable to adopt the constitutional treaty without significant changes, following the 2005 referendums.

The UK also pressed hard for a modest "amending treaty", which could be ratified by means of a parliamentary vote, like earlier EU treaties.

Does the Charter of Fundamental Rights feature in the new treaty?

No. There is a reference to it, making it legally binding, but the full text does not appear, even in an annex.

The UK has secured a written guarantee that the Charter cannot be used by the European Court to alter British labour law, or other laws that deal with social rights. However, experts are divided on how effective this will be.

Poland won an opt-out from the Charter, because it insisted on retaining national control over family issues and morality, such as abortion.

The Czech Republic also has an opt-out - secured by the Eurosceptic Czech President Vaclav Klaus as a condition for signing the treaty. He wanted a guarantee that his country would not be exposed to property claims by Germans expelled from the then Czechoslovakia after World War II.

Q&A: Charter of Fundamental Rights

Did any countries seek more opt-outs?

The Irish Republic and the UK currently have an opt-out from European policies concerning asylum, visas and immigration. Under the new treaty they have the right to opt in or out of any policies in the entire field of justice and home affairs.

Dublin also won guarantees that the treaty would not infringe on its sovereignty in the areas of taxation, family issues and state neutrality.

Denmark will continue with its existing opt-out from justice and home affairs, but has the right under the new treaty to opt for the pick-and-choose system.

Was the Irish Republic the only country to hold a referendum?

Yes. Most EU leaders argued that Lisbon merely amended earlier treaties and that there was therefore no need for a referendum.

That position was rejected by the Irish No camp and the opposition Conservative Party in Britain, as well as by many Eurosceptics across the EU.

The Irish Republic was obliged to hold a referendum because of an Irish Supreme Court ruling in 1987, saying that any major amendment to an EU treaty entails an amendment to the Irish constitution.

Before the second Irish referendum, Dublin won guarantees that Lisbon would not affect Irish sovereignty in key areas that the No camp had highlighted.

When will the new treaty kick in?

The treaty is expected to officially come into force on 1 December.

The next steps - which might well change - are as follows:

• The High Representative for Foreign Affairs - Baroness Catherine Ashton from the UK - will start work once the treaty comes fully into force. The new President of the European Council - Belgium's Herman Van Rompuy - is expected to start work a little later than Lady Ashton.

• The new European Parliament was elected in June 2009 under the existing Nice Treaty. So there are 736 MEPs - down from the previous 785. Under the Lisbon plan, the number will be fixed at 751.

• Although a new 27-member European Commission will take office in January 2010, its size will not be slimmed down until 2014.

• Some extensions of qualified majority voting in the European Council are already in place, such as the appointment of the new commission president and the High Representative - but plans to redistribute voting weights have been delayed until after 2014.



Bookmark with:

What are these?


E-mail this to a friend
Printable version

Print Sponsor



INSIDE EUROPE
LATEST NEWS
Europe votes on new telecoms law EU drops Qualcomm anti-trust case Eurozone activity 'accelerates' LISBON TREATY
EU foreign head dismisses critics 'Unknowns' fill senior EU posts Q&A: The Lisbon Treaty Timeline: The road to Lisbon Lisbon Treaty: What they said UK AND EUROPE
Viewpoint: EU won't rule by Charter What if the UK left the EU? Q&A: How UK adopts EU laws FEATURES

Muslim women in Berlin - file pic Hewitt on Europe
Europeans target immigrant ghettos in 'values' drive
European Parliament Guide
Climate change: Copenhagen in graphics
A toast to Europe's diversity
VIDEO ON DEMAND

Herman van Rompuy Van Rompuy vows to work for all

Baroness Ashton Ashton pledges 'quiet diplomacy'

Gordon Brown Gordon Brown reveals top EU appointments

RELATED INTERNET LINKS (External) Lisbon Treaty text The BBC is not responsible for the content of external internet sites
TOP EUROPE STORIES Spain holds youths over Eta links
Iraq inquiry turns to WMD claim
Poland Walesa libel trial starts

MOST POPULAR STORIES NOW

Most popular now, in detail Most popular now, in detail Most popular now, in detail

FEATURES, VIEWS, ANALYSIS

Chimneys silhouetted against the sun Warming globe
The past, present and possible future of climate change

US President Barack Obama and Commander of US Forces in Afghanistan Stanley McChrystal Mardell's America
Decision time for Obama on Afghanistan troops

A man in the act of killing a buffalo In pictures
Images from the world's largest sacrificial festival
Most Popular Now

Most Popular Now | 20,186 people are reading stories on the site right now.


Skip to top

PRODUCTS & SERVICES

Quantcast

Explore the BBC

Home

Popular links

BBC links A to F

  1. BBC iPlayer
  2. CBBC
  3. CBeebies
  4. Food

BBC links H to L

  1. Health
  2. History
  3. Learning
  4. Local & Nations

BBC links M to Sc

  1. Music
  2. News
  3. Radio
  4. Science & Nature

BBC links Sp to W

  1. Sport
  2. TV
  3. Weather

A whole lot more

To top

Site Links

BBC links

BBC © MMIX

The BBC is not responsible for the content of external internet sites.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.
Americas  Africa  Europe  Middle East  South Asia  Asia Pacific 

watch One-Minute World News

Change Text Only Settings

Graphic version of this page