natgillin/translations-raw huggingface dataset:
– introduction, among the 'General implementing provisions' (in Part I of the TFEU), of a general 'social clause' stipulating that, when defining and implementing all policies, the Union must take into account 'requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health';
– introduction, among the 'General implementing provisions' (in Part I of the TFEU), of a general 'social clause' stipulating that, when defining and implementing all policies, the Union must take into account 'requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health';
– the establishment of a legal basis enabling services of general economic interest to be recognised and safeguarded; in addition, the 2007 IGC added a protocol on services of general interest which defines the specific nature of such services and makes clear that nothing in the Treaties in any way affects the competence of Member States to provide 'non-economic services of general interest', i.e. public services in the strict sense of the term;
– the establishment of a legal basis enabling services of general economic interest to be recognised and safeguarded; in addition, the 2007 IGC added a protocol on services of general interest which defines the specific nature of such services and makes clear that nothing in the Treaties in any way affects the competence of Member States to provide 'non-economic services of general interest', i.e. public services in the strict sense of the term;
– explicit recognition in the TFEU of the role played by the 'social partners', particularly the Tripartite Social Summit for Growth and Employment, which is to contribute to social dialogue.
– explicit recognition in the TFEU of the role played by the 'social partners', particularly the Tripartite Social Summit for Growth and Employment, which is to contribute to social dialogue.
(8) Lastly, the ordinary legislative procedure will apply to social security measures covering employed and self-employed migrant workers' entitlement to benefits.
(8) Lastly, the ordinary legislative procedure will apply to social security measures covering employed and self-employed migrant workers' entitlement to benefits.
This will be combined with another 'emergency brake' mechanism, to apply in cases where a Member State considers such measures 'would affect important aspects of its social security system, including its scope, cost or financial structure, or would affect the financial balance of that system'.
This will be combined with another 'emergency brake' mechanism, to apply in cases where a Member State considers such measures 'would affect important aspects of its social security system, including its scope, cost or financial structure, or would affect the financial balance of that system'.
It may then request that the matter be referred to the European Council (thus automatically suspending the legislative procedure).
It may then request that the matter be referred to the European Council (thus automatically suspending the legislative procedure).
The European Council must then within a period of four months either refer the matter back to the Council, thus enabling the procedure to continue, or ask the Commission to submit a new proposal.
The European Council must then within a period of four months either refer the matter back to the Council, thus enabling the procedure to continue, or ask the Commission to submit a new proposal.
In that event, as in the event of a failure to act, the act originally proposed is declared not to have been adopted.
In that event, as in the event of a failure to act, the act originally proposed is declared not to have been adopted.
(9) The reform Treaty likewise does not make any changes to the situation as regards taxation, where unanimity remains the general rule.
(9) The reform Treaty likewise does not make any changes to the situation as regards taxation, where unanimity remains the general rule.
The IGC failed to agree even to the relatively limited number of cases in which the Convention proposed that the ordinary legislative procedure (i.e. qualified majority voting) should apply in connection with administrative cooperation measures and action to combat tax fraud and evasion (subject to the Council unanimously establishing that the proposed measures related to these issues).
The IGC failed to agree even to the relatively limited number of cases in which the Convention proposed that the ordinary legislative procedure (i.e. qualified majority voting) should apply in connection with administrative cooperation measures and action to combat tax fraud and evasion (subject to the Council unanimously establishing that the proposed measures related to these issues).
(10) Another area that came in for much discussion, but in which the changes are relatively minor, is that of economic governance .
(10) Another area that came in for much discussion, but in which the changes are relatively minor, is that of economic governance .
However, the coordination of economic and employment policies has been confirmed as a Union competence (although the IGC amended the Convention text to place the emphasis on the fact that the Member States coordinate their policies according to arrangements determined within the Union), in conjunction with a slight strengthening of the Commission's position, and the provisions specific to Member States whose currency is the euro have been fleshed out.
However, the coordination of economic and employment policies has been confirmed as a Union competence (although the IGC amended the Convention text to place the emphasis on the fact that the Member States coordinate their policies according to arrangements determined within the Union), in conjunction with a slight strengthening of the Commission's position, and the provisions specific to Member States whose currency is the euro have been fleshed out.
For example, the Council decision on the adoption of the euro by new Member States (proposed by the Commission) must be preceded by a recommendation from a qualified majority of the Member States whose currency is already the euro.
For example, the Council decision on the adoption of the euro by new Member States (proposed by the Commission) must be preceded by a recommendation from a qualified majority of the Member States whose currency is already the euro.
Furthermore, the operating procedures of the Eurogroup are set out in a protocol attached to the new Treaty.
Furthermore, the operating procedures of the Eurogroup are set out in a protocol attached to the new Treaty.
The new Treaty also contains a Declaration on the Stability and Growth Pact.
The new Treaty also contains a Declaration on the Stability and Growth Pact.
The pact was the subject of heated discussions among some delegations at the 2004 IGC, resulting in the adoption of changes to the Convention text which, inter alia, have reduced the importance of the Commission's proposed role in the excessive deficits procedure (with the recommendations addressed by the Council to the Member State concerned being adopted on the basis of a Commission recommendation, as is currently the case, rather than a proposal, as the Convention was proposing).
The pact was the subject of heated discussions among some delegations at the 2004 IGC, resulting in the adoption of changes to the Convention text which, inter alia, have reduced the importance of the Commission's proposed role in the excessive deficits procedure (with the recommendations addressed by the Council to the Member State concerned being adopted on the basis of a Commission recommendation, as is currently the case, rather than a proposal, as the Convention was proposing).
Common foreign and security policy
Common foreign and security policy
(1) Major changes, in particular institutional changes, have also been made in the area of the Union's external action.
(1) Major changes, in particular institutional changes, have also been made in the area of the Union's external action.
However, this is also an area in which the Treaty of Lisbon departs substantially from the text of the Constitutional Treaty as regards its structure.
However, this is also an area in which the Treaty of Lisbon departs substantially from the text of the Constitutional Treaty as regards its structure.
The 2004 IGC had followed the Convention in maintaining the structural unity of all the provisions governing the EU's external action, bringing them all together, with the exception of the two articles defining general principles, which were incorporated in Part I, in Title V of Part III of the Constitution, under the heading 'External action of the Union'.
The 2004 IGC had followed the Convention in maintaining the structural unity of all the provisions governing the EU's external action, bringing them all together, with the exception of the two articles defining general principles, which were incorporated in Part I, in Title V of Part III of the Constitution, under the heading 'External action of the Union'.
The Treaty of Lisbon, conversely, has brought together in Title V of the TEU the general provisions governing the external action of the Union and all the provisions governing the CFSP, including those dealing with defence, whilst incorporating in Part I of the TFEU the remaining provisions governing the other areas of external action (common commercial policy, cooperation with third countries, humanitarian aid, etc.).
The Treaty of Lisbon, conversely, has brought together in Title V of the TEU the general provisions governing the external action of the Union and all the provisions governing the CFSP, including those dealing with defence, whilst incorporating in Part I of the TFEU the remaining provisions governing the other areas of external action (common commercial policy, cooperation with third countries, humanitarian aid, etc.).
The fact that the two Treaties have the same legal value – as they each point out in their opening articles
The fact that the two Treaties have the same legal value – as they each point out in their opening articles
Article 1, third paragraph, of the TEU and Article 1a(2) of the TFEU. – would seem to safeguard the progress achieved by means of the abolition of the pillar structure and minimise any reduction in the coherence of these provisions and the danger that the intergovernmental method employed in connection with the CFSP may 'contaminate' the more 'Communitised' arrangements used in other areas of external relations.
Article 1, third paragraph, of the TEU and Article 1a(2) of the TFEU. – would seem to safeguard the progress achieved by means of the abolition of the pillar structure and minimise any reduction in the coherence of these provisions and the danger that the intergovernmental method employed in connection with the CFSP may 'contaminate' the more 'Communitised' arrangements used in other areas of external relations.
However, constant efforts to interpret all the provisions of the two Treaties will be needed to safeguard this progress and ward off these dangers.
However, constant efforts to interpret all the provisions of the two Treaties will be needed to safeguard this progress and ward off these dangers.
Long live clarity!
Long live clarity!
In contrast, the Treaty of Lisbon has retained, if not in formal then at least in substantive terms, the main institutional innovation brought about by the Constitutional Treaty: it creates the office of High Representative for Foreign Affairs and Security Policy, replacing that of Minister of Foreign Affairs established by the Constitution, whilst retaining practically intact the relevant duties and responsibilities ( see above, point 6.5. ).
In contrast, the Treaty of Lisbon has retained, if not in formal then at least in substantive terms, the main institutional innovation brought about by the Constitutional Treaty: it creates the office of High Representative for Foreign Affairs and Security Policy, replacing that of Minister of Foreign Affairs established by the Constitution, whilst retaining practically intact the relevant duties and responsibilities ( see above, point 6.5. ).
This High Representative, who wears two institutional hats and who has the task of conducting the common foreign and security policy and coordinating all aspects of the Union's external relations, represents the new Treaty's main innovation in the area of the Union's external relations.
This High Representative, who wears two institutional hats and who has the task of conducting the common foreign and security policy and coordinating all aspects of the Union's external relations, represents the new Treaty's main innovation in the area of the Union's external relations.
Parliament hopes that this new post will help to make the Union's external action more coherent and effective, but much will depend on the way relations develop between the High Representative, the President of the Commission and the new, elected President of the Council.
Parliament hopes that this new post will help to make the Union's external action more coherent and effective, but much will depend on the way relations develop between the High Representative, the President of the Commission and the new, elected President of the Council.
As regards the common foreign and security policy, which is still, fundamentally, an area of intergovernmental action in which the role of the European Council is preponderant, unanimity remains the rule, with qualified majority voting applicable only to the implementation of decisions taken by the European Council (or proposals submitted by the High Representative for Foreign Affairs and Security Policy at the request of the European Council) or the Council.
As regards the common foreign and security policy, which is still, fundamentally, an area of intergovernmental action in which the role of the European Council is preponderant, unanimity remains the rule, with qualified majority voting applicable only to the implementation of decisions taken by the European Council (or proposals submitted by the High Representative for Foreign Affairs and Security Policy at the request of the European Council) or the Council.
Even here, provision has been made for an 'emergency brake' in cases where a Member State opposes the adoption of a decision by a qualified majority on 'vital political grounds'.
Even here, provision has been made for an 'emergency brake' in cases where a Member State opposes the adoption of a decision by a qualified majority on 'vital political grounds'.
A number of proposals submitted at the 2004 IGC sought to broaden the application of qualified majority voting, but none, whether put forward by the Convention (qualified majority voting for proposals submitted by the High Representative with the support of the Commission), or by the Italian Presidency (qualified majority voting for all proposals from the High Representative), could overcome the opposition of a number of Member States.
A number of proposals submitted at the 2004 IGC sought to broaden the application of qualified majority voting, but none, whether put forward by the Convention (qualified majority voting for proposals submitted by the High Representative with the support of the Commission), or by the Italian Presidency (qualified majority voting for all proposals from the High Representative), could overcome the opposition of a number of Member States.
However, the new Treaty retains the specific CFSP 'bridging clause' provided for in the Constitution, which stipulates that the European Council, acting unanimously, may decide that qualified majority voting is to be applied in other cases (but not its decisions with military implications or in the area of defence).
However, the new Treaty retains the specific CFSP 'bridging clause' provided for in the Constitution, which stipulates that the European Council, acting unanimously, may decide that qualified majority voting is to be applied in other cases (but not its decisions with military implications or in the area of defence).
It is clear that there will be serious obstacles to the application of that bridging clause.
It is clear that there will be serious obstacles to the application of that bridging clause.
For its part, Parliament acquires an across-the-board right to be informed, and in some cases consulted, to exercise scrutiny (questions, debates) and to adopt the CFSP budget.
For its part, Parliament acquires an across-the-board right to be informed, and in some cases consulted, to exercise scrutiny (questions, debates) and to adopt the CFSP budget.
The jurisdiction of the Court of Justice in the area of the Common Foreign and Security Policy is restricted to demarcation between the CFSP and the other areas of EU action and to judicial review of the legality of European decisions which give rise to restrictive measures vis-à-vis individuals.
The jurisdiction of the Court of Justice in the area of the Common Foreign and Security Policy is restricted to demarcation between the CFSP and the other areas of EU action and to judicial review of the legality of European decisions which give rise to restrictive measures vis-à-vis individuals.
In short, however regrettable it may be that no further progress has been made, in particular as regards qualified majority voting, realistically it must be borne in mind that, at the current stage of the European integration process, foreign policy is so central to the hard core of national competences that a genuine common external policy is inconceivable as long as the Member States fail to demonstrate the collective political will required to reach agreement.
In short, however regrettable it may be that no further progress has been made, in particular as regards qualified majority voting, realistically it must be borne in mind that, at the current stage of the European integration process, foreign policy is so central to the hard core of national competences that a genuine common external policy is inconceivable as long as the Member States fail to demonstrate the collective political will required to reach agreement.
The major development under the new Treaty is the establishment of institutional arrangements to encourage the Member States to take concerted action in an effort to define a common approach to international problems, where this is necessary, and to consult one another before taking unilateral action which might be harmful to shared interests.
The major development under the new Treaty is the establishment of institutional arrangements to encourage the Member States to take concerted action in an effort to define a common approach to international problems, where this is necessary, and to consult one another before taking unilateral action which might be harmful to shared interests.
(2) The greatest advances brought about by the new Treaty are to be found in the specific area of common security policy, where the 2004 IGC made major changes which went even further than those which had been proposed by the Convention and which were taken over, virtually en bloc, in the 2007 negotiations.
(2) The greatest advances brought about by the new Treaty are to be found in the specific area of common security policy, where the 2004 IGC made major changes which went even further than those which had been proposed by the Convention and which were taken over, virtually en bloc, in the 2007 negotiations.
As a result, common defence, or at least the formulation of a common defence policy, the principles for which were already approved in the Maastricht Treaty - has become a more realistic prospect
As a result, common defence, or at least the formulation of a common defence policy, the principles for which were already approved in the Maastricht Treaty - has become a more realistic prospect
The decision to establish, in time, a common defence will be taken by the European Council, acting unanimously, and will require the approval of all the Member States in accordance with their constitutional procedures. .
The decision to establish, in time, a common defence will be taken by the European Council, acting unanimously, and will require the approval of all the Member States in accordance with their constitutional procedures. .
This common defence policy gives the Union an operational capacity based on civil and military assets.
This common defence policy gives the Union an operational capacity based on civil and military assets.
The main changes in this connection are:
The main changes in this connection are:
- revision of the 'Petersberg' tasks
- revision of the 'Petersberg' tasks
To add operations relating to disarmament, military advice, post-conflict stabilisation and the fight against terrorism, including in the territory of third countries, to the existing humanitarian and rescue tasks, conflict prevention and peace-keeping tasks and tasks of combat forces in crisis management, including peacemaking. ;
To add operations relating to disarmament, military advice, post-conflict stabilisation and the fight against terrorism, including in the territory of third countries, to the existing humanitarian and rescue tasks, conflict prevention and peace-keeping tasks and tasks of combat forces in crisis management, including peacemaking. ;
- establishment of a European Defence Agency ('Agency in the area of the development of defence, research, procurement and weapons capabilities')
- establishment of a European Defence Agency ('Agency in the area of the development of defence, research, procurement and weapons capabilities')
Whose main responsibility is to promote the rationalisation of the military capabilities of the Member States, the coordination of defence technology research and more effective military spending. ;
Whose main responsibility is to promote the rationalisation of the military capabilities of the Member States, the coordination of defence technology research and more effective military spending. ;
- the option to establish, by means of a Council decision adopted by a qualified majority, permanent structured cooperation in the defence field among Member States which have the military capability and political will to be involved (the conditions for implementing such structured cooperation are set out in a protocol annexed to the new Treaty);
- the option to establish, by means of a Council decision adopted by a qualified majority, permanent structured cooperation in the defence field among Member States which have the military capability and political will to be involved (the conditions for implementing such structured cooperation are set out in a protocol annexed to the new Treaty);
- a mutual aid and assistance obligation under which Member States must use all means in their power to assist a Member State that is the victim of armed aggression on its territory, in accordance with the United Nations Charter and in compliance with the NATO commitments of the Member States that are members of that organisation.
- a mutual aid and assistance obligation under which Member States must use all means in their power to assist a Member State that is the victim of armed aggression on its territory, in accordance with the United Nations Charter and in compliance with the NATO commitments of the Member States that are members of that organisation.
The new Treaty stipulates that this obligation will not prejudice the specific character of the security and defence policy of certain Member States, which is an important guarantee for those Member States which have traditionally been 'neutral';
The new Treaty stipulates that this obligation will not prejudice the specific character of the security and defence policy of certain Member States, which is an important guarantee for those Member States which have traditionally been 'neutral';
- with a view to protecting the values of the Union, the Council will be able to entrust the implementation of a task to a group of Member States;
- with a view to protecting the values of the Union, the Council will be able to entrust the implementation of a task to a group of Member States;