The Lisbon Treaty
Dr Solène Rowan
Queens’ College, Cambridge

Introduction• The reasons for introducing a constitution forEurope• The birth of the European Union Constitution (the‘EU Constitution’)• The rejection of the EU Constitution in 2005
• The new Lisbon Treaty• The rejection of the Lisbon Treaty in 2008
• The acceptance of the Lisbon Treaty in 2009
• What the Lisbon Treaty will change

The Need for EU Constitutional
Reform• The enlargement of the EU:
2000: 15 member states
2004-2007: 12 new members joined• Simplification of the existing structures andprocedures of the European Union neededThe EU Constitution•The main changes intended by the EU
Constitution were as follows:
1. Simplification of the structures of the EU, e.g. one
treaty, one legal personality, codification of existingrules
2. Reform of the EU institutions, e.g. a new votingsystem
3. Changes in substance, e.g. incorporation of theCharter of Fundamental Rights
4. Political symbols, e.g. flag, anthem, use of state
instruments (‘constitution’, ‘minister’, ‘law’)The Ratification Process: Crisis• 2004: All the member states signed the EU Constitution• Ratification of the EU Constitution by national parliamentor national referendum needed• 18 member states ratified the EU Constitution• 2 member states (France and the Netherlands) rejected
the EU Constitution by referendum• 7 member states postponed the ratification process• The rejection of the EU Constitution by France and theNetherlands provoked a crisis of confidence and resulted
in paralysis

Why the EU Constitution wasRejected: the French Example• The complexity of the text of the EU Constitution• A chance to show discontentment with theincumbent national government• The fear of the European Union becoming a‘super state’• The fear of further expansion of the EuropeanUnion• The high rate of unemployment

The Lisbon Treaty: a NewConstitution?
• 2005-2006: the constitutional project is frozen• 2007: revival of the project in the form of theReform Treaty• 13 December 2007: the Lisbon Treaty is signedby all the member states• Ratification needed again!

Is the Lisbon Treaty very
Different from the Constitution?
• Same objectives• Most of the changes brought by theConstitution appear in the Lisbon Treaty• Difference of conception• No state-like symbols• Opt-ins and opt-outs

The Rejection and Ratificationof the Reform Treaty• Ratification by member states essential• Most countries wanted to avoid referendum• The Irish ‘no’ in 2008
• Why?
• The second Irish vote in 2009
• The Treaty of Lisbon entered into force on 1
December 2009

The Key Features of the ReformTreaty (Part I)
1. No state-like elements such as an anthem orflag
2. Amendment of the existing treaties (noreplacement)
3. Creation of a permanent President of theEuropean Council
4. Creation of a High Representative of the Unionfor Foreign Affairs and Security Policy5. The ‘co-decision’ procedure becomes theordinary legislative procedure

The Key Features of the Reform
Treaty (Part II)
6. National parliaments given a voice in making
European laws
7. A reduction in the size of the Commission?
8. Extension of Qualified Majority Voting
9. Introduction of a new system of majority voting
10. Incorporation of the Charter of Fundamental
Rights into EU law
11. Simplification of the rules on ‘enhanced cooperation’The Lisbon Treaty
Dr Solène Rowan
Queens’ College, Cambridge