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The Treaty of Lisbon in Perspective



ISBN    978 0 9558262 0 7

Published 7 February 2008



The Treaty of Lisbon in Perspective


Analysis and review of

' The Treaty of Lisbon '

including the consolidated texts of the Treaty on European Union and the Treaty on the Functioning of the European Union, as modified by the Treaty of Lisbon, with all Protocols and Declarations as signed in Lisbon on
13 December 2007



448 pages

Independent, Objective, Clear and Understandable


Price £27.50

Contact us for details of how to purchase the book





This is the fifth major book we have produced on the Treaties which form the primary law of the European Union and it follows the general format of our previous books.

This publication of 448 pages on A4 paper contains the complete text of the two consolidated Treaties, the Treaty on European Union and the Treaty on the Functioning of the European Union, and the Protocols and Declarations, as signed on 13 December 2007 in Rome.

There are extensive analyses, including the key issues and the changes to the voting arrangements in the Council for each area, a fourteen-page detailed index and pertinent additional papers, including the Charter of Fundamental Rights and the Laeken Declaration of 2001.

We have annotated each article in the consolidated treaties with a reference to show either its link with the earlier Treaty [either the Treaty on European Union - TEU - or the Treaty establishing the European Community - TEC ] and article numbers or to the Constitution or whether it is a new article in the Treaty of Lisbon. In addition, we have prepared detailed summaries of the key issues and the changes from unanimity to qualified majority voting in the Council.

The publication includes:

  • Each Treaty article number is annotated to show the origin of the article from the Treaties as amended by the Treaty of Nice and from the Constitution and the change in numbering introduced by the Treaty of Lisbon;

  • The text of the articles in both the Treaties and the Protocols is highlighted to show the changes introduced by the Treaty of Lisbon and differentiated to show the changes brought forward from the Constitution and the text which is new in the Treaty of Lisbon;

  • The revised Charter of Fundamental Rights, as signed on 12 December 2007. The Charter forms part of the primary law of the European Union and is shown with the changes made to the original text of 7 December 2000 highlighted in bold text;

  • Detailed analysis and review of the key subjects and issues including those particularly affecting business and industry;

  • A synopsis of pertinent Articles;

  • A review and summary of the background to the Treaty of Lisbon, including the differences between Lisbon and the Constitution, and the Principal Issues and Key Points

  • A table of business concerns;

  • New legislative procedures with table of changes from ‘unanimity’ to ‘qualified majority voting’ (QMV);

  • Additional relevant papers including the text of the Treaty of Lisbon (excluding the amendments to the treaties and the Protocols), the Tables of Equivalences in the Treaty of Lisbon, the Berlin Declaration of 25 March 2007, three speeches given at the signing of the Treaty, papers from the European Parliament and the Commission relating to the Treaty and the Laeken Declaration;

  • A comprehensive Subject Index and a table prepared by the BMDF to assist tracing articles from the draft Constitution to the consolidated text.



Reviews

Reviews and comments on 'The European Constitution in Perspective' will be shown on the attached page covering Reviews


Prices

To order copies and for information on prices and how to contact us, please see Contact Information






Examples of pages from

'The Treaty of Lisbon in Perspective'




We have taken a few pages from 'The Treaty of Lisbon in Perspective' to show the layout and the range of subjects covered in the BMDF book.

Foreword Extracts from the foreword.

Contents List The contents list of the BMDF book.

Key Issues Extracts from the BMDF analysis of the principal issues and key points.

Text of the Treaty on European Union Extracts from the Treaty on European Union, following the BMDF reformatting of the text and showing references to previous Treaties and the bolding to show the changes introduced by the Constitution and bold italics to show those provisions which are new to the Treaty of Lisbon.







Notes on the Treaty of Lisbon


The Treaty of Lisbon, or the Reform Treaty, has come about through the failure of the Constitutional Treaty to be ratified by the Member States, owing to the results of the referendums held in France and The Netherlands.

After a period of ‘reflection’ lasting two years, it was agreed by the Heads of Government that a new treaty should be drawn up, and at the European Council of 26 June 2007, an Inter-Governmental Conference (IGC) Mandate was adopted that set out the basis and framework of the provisions that would be adopted.

As such, the Treaty of Lisbon is not a treaty in its own right, but is composed of a series of amendments to the existing treaties, ‘The Treaty on European Union’, introduced by the Maastricht Treaty in 1992, and ‘The Treaty establishing the European Community’, introduced by the Treaty of Rome in 1957, and is the successor to the Treaties of Amsterdam and Nice.

The new Treaty incorporates many of the provisions of the draft Constitution, as well as introducing new ones of its own. As each treaty becomes law, it is incorporated into the existing treaties; as a result, the changes and amendments made by each successive treaty become increasingly difficult to follow.

This BMDF book places these amendments in context by highlighting the changes made by the Treaty of Lisbon and the changes made by the draft Constitution which have been included into the Treaty of Lisbon.

The European treaties, taken together, form the primary legislation and are in effect the "constitution" of the Union; they provide the legal basis for all secondary legislation - regulations, directives and decisions - made by the institutions of the Community. Essentially, the Treaties produce obligations for the Member States and rights for individuals. This relationship has developed to encompass the concept of the European Union as being an area of security for individuals and legal persons.

Enlargement of the European Union

The driving force behind the Treaty of Lisbon has been the enlargement of the European Union to include twelve new Member States in Eastern Europe. Under the existing Treaties, the organisation of the European Union institutions are not in an appropriate state to be able to accommodate this expansion. In the discussions during the negotiations leading up to the Treaty of Nice, it was agreed that the arrangements proposed in that Treaty were not suitable and a new treaty would have to be drafted.

Ratification of the Treaty

All the Member States have been required to ratify the Treaty by their respective legislative procedures for it to become law. All the Member States except for Ireland ratified through their national parliaments. Ireland held a second referendum on 3 October 2009 and in a poll of 59% turnout of the voting population, the result was a clear majority of 67.13% for and 32.87% against the Treaty. The Treaty entered into force on 1 December 2009.



*  *  *

Notes on the Text

The Treaty of Lisbon comprises of a series of amendments to the text of the two main European treaties. This book incorporates the amendments in the Treaty of Lisbon into the current texts of the Treaty on European Union and the Treaty establishing the European Community, which has been re-titled ‘Treaty on the Functioning of the European Union’, as they are after the Treaty of Nice and the Accession Treaty of Bulgaria and Romania.

One of the most important aspects of the constitutional process and the one that fundamentally differentiates the Treaty of Lisbon from the draft Constitution is that the Constitution repealed the existing treaties and replaced them by a single text. In so doing, the Constitution would have created a new European Union that would have replaced and succeeded the existing Union. In contrast, the Treaty of Lisbon retains the existing treaty structure and makes amendments to the existing treaties.

The three pillar structure, introduced by the Maastricht Treaty, is removed and all of the provisions come under the legislative procedures of the Union, except in the case of the second pillar, the Common Foreign and Security Policy. This remains in the Treaty on European Union, where the form of decision-making is clearly differentiated and the jurisdiction of the Court of Justice is restricted; the third pillar, Justice and Home Affairs, is now absorbed fully into the Treaty on the Functioning of the European Union and is justiciable, with certain restrictions, in the European Court of Justice. This area has been renamed ‘Area of Freedom, Security and Justice’.

The title of the Treaty establishing the European Community has been altered to The Treaty on the Functioning of the European Union, indicating that the European Community no longer exists, since the Union replaces and succeeds the European Community (Article 1 TEU). The new title reflects the title of Part III of the draft Constitution, ‘The Policies and Functioning of the Union’.

Other important areas include:

  • legal personality of the Union;

  • primacy of Union law is included as a declaration (Declaration 17);

  • the fixed presidency for the period of two and a half years, as opposed to the current system of six monthly rotating presidencies among the Member States;

  • creation of the role of the ‘High Representative for the Union for Foreign Affairs and Security Policy’;

  • definition and separation of competences between the Union and the Member States;

  • the legislative procedure for the ordinary and special legislative procedures;

  • role of the national parliaments under the principles of subsidiarity and proportionality;

  • number of commissioners to be reduced to two thirds of the number of Member States;

  • confirmation of the Commission’s sole right to initiate legislation;



Numbering system

A new numbering system for the Treaty on European Union and the Treaty on the Functioning of the European Union has been introduced by the Treaty of Lisbon. This replaces the existing numbering system used in the Treaties as amended by the Treaty of Nice. This system follows the numbering system introduced by the Treaty of Amsterdam, which consolidated and renumbered both the Treaty of European Union and the Treaty establishing the European Community; these had become difficult to read through successive amendments that had either repealed some articles, leaving gaps in the numbering or had introduced articles with letters as well as numbers to identify them.

The draft Constitution used an entirely different system, with the four Parts being designated by the Part number and an article number. The Treaty of Lisbon has one system for the text of the Treaty itself and introduces another system for the main Treaties. As there are now four systems of numbering, it is difficult to trace the origin of a particular article back from the new numbering system introduced by the Treaty of Lisbon.

The articles in the official text of the Treaty of Lisbon do not have any references to the old article numbers from the existing Treaties. There are Tables of Equivalences attached to the Treaty of Lisbon as an annex to show the article numbers in the existing treaties and the new numbering resulting from the changes made by the new Treaty.

Where appropriate, the BMDF has included references to this old article numbering to show the origin of the articles from both the draft Constitution and the existing treaties. New articles introduced by the draft Constitution and the Treaty of Lisbon are indicated as such.

An example of the numbering used in the title of each article in the main treaties is shown below:

  • ARTICLE 12 [6a] [Article III-120 (ex Article 153(2) TEC)]

    • the main Article number is in bold italic type and follows the new numbering system;

    • the second number is the article number as used in the text of the Treaty of Lisbon and is in square brackets in normal type;

    • the third article number is in square brackets and in italics, it refers to the equivalent number of the draft Constitution;

    • the final reference is to the original article in the earlier Treaty, as amended by the Treaty of Nice;

    • where the article was introduced in the draft Constitution, reference is made to it being ‘new article in 2004 IGC’.








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This page was last updated on 2 January 2010

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