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Lisbon Treaty points way to a new EU

More democracy, more efficiency, more power in store for Union in 2010

By Matthias C. Kettemann

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Published: Tuesday, October 20, 2009

Updated: Wednesday, October 21, 2009

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A BRIGHTER FUTURE? | After it is finally signed by the last holdout, Czech President Vaclav Klaus, the Lisbon Treaty looks set to make Europe stronger.

In seven days, the European Union will take a big step forward. After a painful process that overshadowed European policy debates for years, the Lisbon Treaty, intended to overhaul the Union’s institutional infrastructure, will most likely be ratified by Vaclav Klaus, the Czech Republic’s Euroskeptic president, at the EU summit in Brussels. Klaus is the last one to hold out. 26 of the 27 member states have already ratified the treaty, some of them as far back as last year.

Faced with enormous pressure from other EU member states, notably from French President Nicolas Sarkozy, the unpredictable Czech leader indicated his willingness to ratify the Lisbon Treaty, provided that the Czech Republic is allowed to opt out of certain provisions, including the binding Fundamental Rights Charter (Slovakia’s Prime Minister Robert Fico has also taken up this idea). President Klaus expressed his conviction that the treaty was not “a good thing in Europe – for freedom in Europe and for the Czech Republic”. When asked by a Czech newspaper whether political considerations had influenced his behavior, Klaus admitted: “It is true that I have next to me a personal letter written personally by [British Conservative Party leader David] Cameron from July which is suggesting [to hold out], but I cannot wait until the British election and I will not.”

Provided they win, David Cameron’s Conservatives have vowed to hold a referendum on the Lisbon Treaty, which would be a sure way of sinking it. But as it stands now, the Lisbon Treaty will enter into force on January 1, 2010, despite a proliferation of myths on its contents. It is time to dispel some of these myths and to clarify its main points.
The Lisbon Treaty amends the current EU and EC treaties, but does not replace them. It aims primarily at providing a more democratic, transparent and effective decision-making framework.

Under the Lisbon treaty, the role of the European Parliament is strengthened. The Parliament receives new powers over EU legislation, including the EU budget and international agreements. The so-called “co-decision procedure” will make the Parliament an equal partner of the Council, representing Member States, for almost all of EU legislation. National parliaments will also play a larger role in EU decision-making trough a new monitoring mechanism to ensure subsidiarity, or the principle that the Union can only act when local action to solve a problem is insufficient. Through the “Citizens’ Initiative”, one million citizens from a certain number of Member States will be able to request the Commission formulate policy proposals. The Lisbon Treaty also recognizes the right of each Member State to withdraw unilaterally from the Union.

Importantly, the Treaty of Lisbon gives binding force to the provisions of the Charter of Fundamental Rights, which includes innovative economic and social rights provisions and covers all EU actions, including member states implementation legislation.

The treaty also provides for more effective and efficient decision-making in EU institutions. What is known as “qualified majority voting” will be extended to cover most policy areas governed by the Council. This will mean that, after 2014, the passage of a legislative act will require a “double majority” of Member States and EU citizens. Thus 55% of the Member States representing at least 65% of the Union’s population will have to unite behind an act to for it to be passed in the Council.

Importantly, the Treaty of Lisbon ensures institutional stability by creating the function of President of the European Council. The President will be elected for two and a half years (Tony Blair is the current front-runner) and will be the one to pick up the proverbial red phone, should President Obama decide to call.

The Treaty also extends the Union’s competences to certain sensitive policy areas including combating terrorism and tackling crime, and, to some extent, energy policy, public health, civil protection, climate change, services of general interest, research, space, territorial cohesion, commercial policy, humanitarian aid, sport, tourism and administrative cooperation.

The Lisbon Treaty will also ensure that the role of the EU as an actor on the global stage is enhanced. A new High Representative for the Union in Foreign Affairs and Security Policy, who is – at the same time – Vice-President of the Commission, will ensure the visibility of EU external action, even though his interaction with the EU President is yet to be defined. The High Representative will be supported by a new European External Action Service, an EU diplomatic corps.

Contrary to some popular myths, especially rampant in Ireland before the its first referendum on the Treaty, and in the United Kingdom, the new Treaty does not impinge on the neutrality of member states, does not put public services at risk, does not weaken the social achievements of member states, does not change Irish or Polish laws on abortion, nor does it take away the British pound, change Czech laws on German-held property after WWII, change tax laws, or create a European super-state, or a European army poised to strike in conflict zones, take away member states’ right to formulate their foreign policy within the framework of prior treaty commitments, or aim to take away Security Council seats of Permanent Members.

Unfortunately, the Lisbon Treaty will also not make the EU treaties easier to read. But, if they were, who would need lawyers?

Matthias C. Kettemann is an LL.M. student from Austria.

Comments

14 comments
Marc Stenberg
Tue Nov 3 2009 06:13
For the first attempt at triggering the citizens initiative, see www.right2bet.net - it's a grassroots campaign aimed at altering the EU's unfair gambling laws, kept in place by governments who wish to cream off revenues for themselves and their Eurocrat accomplices. It will be interesting to see how far it gets...
Karen Butler
Mon Nov 2 2009 10:07
And the American Constitution did not create a strong Federal government, take away the rights of states to exist as sovereign nations or create a government with the right to directly tax the citizens of the independent states. And of course any state that wanted to could easily opt out (just ask Virginia). I'm not suggesting that how the Constitution evolved was a bad thing and I think our country is much better and stronger as one USA rather than a lot of small Baltic type states always at war. What I am suggesting is that this is just the beginning and those who are concerned about protecting the identity, independance and sovereinty of his/her individual country need only look to the United States.
Ivan
Fri Oct 23 2009 22:17
But I don't understand why these deep-seated insecurities, which are claimed to go back all the way to 1066, even exist among the majority of the British people TODAY. When I think about Europe, I really don't get the feeling that anybody is out there to get anybody else. It seems nonsensical to me to be afraid that the rest of Europe is trying to impose a different way of life on the British people, that there is any danger of a loss of sovereignty, or that continental Europeans have a particularly distinctive idea of freedom, one that is at odds with that of the English-speaking peoples. For the most part, it seems to me, all of us - Brits and "Continentals" alike - appreciate the opportunities that open borders, closely integrated markets, and cultural intermingling have to offer. Surely these benefits must have been among the reasons why Britain itself came to knock on the Union's door more than 30 years ago. If the British people had serious misgivings about the European project, misgivings relating to the Union's compatibility with British liberty, why did they apply to join the Union? If I am reading the history books right, the EU (then EC) was not exceedingly enthusiastic about welcoming Britain. Britain went through the effort of accedind to the Union so that it could enjoy the benefits that come with closer integration among a community of states - benefits such as freedom of movement of goods, services, and people that enhance liberty rather than reduce it.

Over the past 50 years, the peoples of Europe have achieved something of which they can be proud. They have built a community in which the citizens of sovereign nation-states can cross borders without hassle, live and work anywhere in the community, and enjoy, even far from their native lands, the basic legal protections that underlie a modern lifestyle in a developed country. Some say that we have no demos. I am not sure I know what demos means. But we have enough trust in each other to open our borders so that Europeans who were not born German, or British, or Czech could freely go to those countries and enjoy many of the opportunities that a German, a Brit, or a Czech national would. Many across the ocean trumpet the idea of "free" trade - but have they thrown their labor markets wide open to citizens of other nation-states? At the same time that we are conducting negotiations to welcome the people of Croatia, Macedonia, and Turkey into our midst, and grant them many of the same liberties that we ourselves take for granted, some great proponents of "free" trade are building fences along their southern border to prevent poor but hard-working human beings from entering the promised land. No community in the world has done so much in the past 50 years to advance the scope of individual liberty as has the European Union. And yet the British people dare appeal to the concept of freedom to maling the Union!

Matthias C. Kettemann
Thu Oct 22 2009 23:49
I agree that Europeans do not see themselves as members of a European demos. Most do not make use of the possibility of a simultaneous identification with a European and a national demos on different bases, identification factors and with diverging intensities of affiliation. This talk of multiple demoi is not merely theoretical. Joseph H.H. Weiler has proposed ‘multiple demoi [with a] variable geometry’ and argued for a broad notion of demos. He suggested to define membership of a polity in "civic, non-organic-cultural terms?" Following Weiler, I would argue to separate "ethnos from demos" (See, e.g., JHH Weiler, ‘The State “über alles”. Demos, Telos and the German Maastricht Decision’, Jean Monnet Working Papers 6/95 (1995), http://www.jeanmonnetprogram.org/papers/95/9506ind.html#IV, IV).

However, I do not believe that denying the existence of a European demos adds anything of substance to the debate on democracy and the EU. Rather, the identification with the European normative system will lead to the recognition of the legitimacy of its output. The legal framework needs to support the process of European "Verbürgerung" of – intellectually – turning citizens of Member States of the European Union into citizens of their Member States and of the EU, by enhancing the connection between European popular input and normative output. The Member States need to refrain from positioning themselves as the only creditors of political loyalty – just as they have accepted to transfer parts of their sovereign power to the EU. This development will not make nation state obsolete. Differently structured and differently legitimised political entities that regulate discrete aspects of our lives and serve distinct parts of our identity are a reality of a globalised and simultaneously fragmentised international polity. Today’s realities militate for an EU that actively tries to inspire the loyalty of Europeans by developing into a political constellation that reflects the identity of those whose lives are touched by decisions taken within the EU’s ambit.

Your name
Thu Oct 22 2009 20:29
I have plenty of sympathy for Ivan's attitude. I have no doubt that the UK is among the most unenthusiastic of the EU member countries, though I think that it is also fair to say that, in almost every country, the politicians are more in favour of euro-integration than the population. That in itself should be a cause for concern.

As Czech President Klaus said (Feb 2009), on the subject of the "democratic deficit" in the EU:

"Since there is no European demos – and no European nation – this defect [the democratic deficit] cannot be solved by strengthening the role of the European Parliament, either. This would, on the contrary, make the problem worse and lead to an even greater alienation between the citizens of the European countries and Union institutions."

When the EU’s polling organisation have asked (Eurobarometer 251 and 303) what would "strengthen your feeling about being a European citizen", with choices such as "Being able to vote in all elections organised in the Member State where you live" and "A European social welfare system", among the largest categories of UK responses was the spontaneous one "I do not want to be a European citizen".

Spontaneous means that it was not actually one of the pre-determined choices, which is symptomatic of the EU: it can barely consider that the people might not want what it has to offer.

The UK numbers ("I do not want to be a European citizen") were 25% of respondents in 2006 and 20% in 2008. You can imagine how much higher they would have been if they were actually offered the choice, and I don't think it an exageration to say that many people in the UK would be surprised that they are already EU citizens, and would consider it something that had been forced on them (even though it was first introduced in 1992).

Coming back to Ivan's comment about World War II: I think it is more deep-seated than than. England was last successfully invaded in 1066. When England thinks of wars, it thinks of successfully defending itself against foreigners who would change its way of life. When European countries think of wars, they think of fighting on their own territory, which is almost always devastating to the civilian population. Understandably, Europeans try to eliminate the risk of war. The UK tries to be in a position to defend itself.

The UK has been a democracy for centuries (admittedly, with ongoing improvements to what is seen as democracy), and its concept of liberty is more in tune with that of the Anglosphere than it is with that of the EU. It does not see the EU as adding anything to its fundamental liberty. It sees itself as becoming less democratic, in accepting EU laws and the role of the European Parliament.

Matthias C. Kettemann
Thu Oct 22 2009 18:07
A lot has been written on democracy and the EU. Usually the notion of democracy is misunderstood. The European conception of democracy is undergoing a process of transformation. Like any supranational entity the EU requires a comprehensive model of functional and pluralistic legitimacy. A functional model of democratic legitimacy combines participative, representative and deliberative elements and provides for a discursive setting with actors that translate needs into political postulates and develop, propose and pass suitable remedies. This model must further make it possible to trace back the exercise of this authority directly – and in an uninterrupted chain of legitimation – to the citizens of the European polity, who need to participate, to the greatest extent feasible, in the normative processes.

The Treaty of Lisbon increases the role of national parliaments and their European counterpart. Article 14 (2) TEU (Lisbon) clarifies that the European Parliament is composed of ‘representatives of the Union’s citizens’. This is more significant than one might think at first, as Article 189 ECT still referred to ‘representatives of the peoples of the States brought together in the Community’. The new ‘community’ is one where the European citizenry may play a central role, and not a collection of states.

The Lisbon Treaty strengthens not only the representative dimension of democracy but also its participative component: by embracing the FRC and its civil and political rights and including, inter alia, a right to good administration; by increasing the powers of the European Parliament; and by further integrating civil society and representative association into the (pre)normative processes.

The support for the creation of a culture of controversy positioned in the European public discourse which is led by parties and representative associations will also increase the quality of deliberative democracy in Europe. Apart from the legal framework, however, far-reaching structural changes, both in relation to socio-political approaches to European topics and their (under)representation in the media need to be discussed.

sptvk
Thu Oct 22 2009 06:57
Support Vaclav Klaus! Stop the Lisbon Treaty!

http://supportvaclavklaus.wordpress.com/

http://www.petitiononline.com/sptklaus/petition.html

http://www.facebook.com/group.php?gid=144395234460

Ivan
Wed Oct 21 2009 23:39
Excellent article. To the naysayers, who are unfortunately mostly British - I pity your lot. Get your act together, people. World War II is over and the Cold War is over. Nobody wants to take your sovereignty. The Lisbon Treaty makes small and incremental changes to the EU's political machinery. It does not mean that you cannot have your own foreign policy, that your elected representatives would be any less powerful, that you would pay higher taxes, etc. Calm down. Everything is under control. That Europeans want a more integrated Union does not mean that we have forgotten what freedom means. We love freedom and we love diversity, and that is precisely why we want a stronger Union. As to the issue of referenda - well, if Britain wants a referendum on Europe, I think many of the rest of us want a referendum on Britain's membership in the Union. Having to revisit the issue of Britain's perceptions of insecurity seems quite pointless to many. Remember, it was Britain that joined the Union, not the Union that joined Britain.
Bill Sullivan
Wed Oct 21 2009 22:42
Up is down. Black is white. And the EU treaty is more democratic. Thank you for this wonderful piece of propaganda Matthias.
EU-sceptic
Wed Oct 21 2009 21:51
@Slartibartfas
I don't think there is any doubt about the UK's attitude to the Lisbon Treaty. If there was a vote, it would probably be something like 70% against, 30% for.

In spite of this overwhelming opposition to the Lisbon Treaty, and with no actual mandate from the people in favour of it (all major UK parties promised a referendum on the previous EU Constitution in their 2005 election manifestos), the Lisbon Treaty was still pushed through parliament. As a result the Lisbon Treaty has no democratic legitimacy in the UK.

If the EU were truly democratic, this would be troubling for it. Instead, the EU regards getting Lisbon adopted as an achievement.

Slartibartfas
Wed Oct 21 2009 19:32
@Markus
There have taken place 6 referendums on EU treaties in the last few years. Three ended with a no (France, Netherlands, Ireland1), three ended with a yes (Spain, Luxembourg, Ireland2). While this is nothing close to an enthusiastic support by the people, I somehow experience difficulties to join you in your claim that you represent all the people.
Markus
Wed Oct 21 2009 15:27
Why would a referendum in the UK a sure way of sinking it?

Answer: the exact same reason a referendum in any other member nation would be a sure way of sinking it.

We common people are so unlike most politicians. We have not yet forgot to be afraid. We have not yet forgot what freedom means. And we have not yet forgot what happened to nations who ceded their sovereignity to super-nations. We have not forgot history.

We the people do not want the Lisbon treaty!

Erika Salzeck
Wed Oct 21 2009 14:34
I think you are a bit behind the times. Blair is in serious trouble in Europe - his incompetence and duplicity are finally catching up on him. He will not be the President of the EU.
Europe does not ant him. Tony Blair has shown him self to be shallow, corrupt, self serving and vain. He possesses neither principles nor integrity, even delaying changing his religion in case it affected his position. He presided over the dismantling of the British economy with disastrous and far reaching effects and he invaded Iraq against the wishes of the United Nations again with horrific effect. There have been an estimated 133,977,1 civilian deaths in Iraq since the invasion began (& that’s just the bodies they have been able to count).He has callously used his warrior contacts to secure extremely lucrative consultancies in vulnerable countries. Blair is now a regular visitor to Abu Dhabi, typically staying in a £1,500-a-night double suite at the Emirates Palace.The most expensive hotel ever built where guests drink gold sprinkled cappuccinos.
He has lied to and stolen from the British people – shredding large quantities of documents “accidentally” weeks before he left office. He is closely implicated in the deaths of inconvenient critics and he must bear with Bush responsibility for making the world an infinitely more dangerous place for our children.
He and his wife will go down in the history books as dangerous, grasping buffoons along with Mr & Mrs Marcos.
If any more reason is needed not to commit the folly of making him President – he has failed abysmally in his position as Middle East Envoy – having been rebuked for failing to report on his progress. He was no doubt too busy holding court in Jerusalem where he occupies an entire floor of the best hotel in town at a cost of £400,000 per year to the British Taxpayer.In February 2009, while Palestinians in Gaza were still digging themselves out and mourning their dead, he accepted a $1 million prize from Tel Aviv University as the "Laureate for the Present Time Dimension in the field of Leadership.
Blair for President? Not if we have a vestige of sanity left.






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