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Treaty of Lisbon

Type of treaty Amender of previous treaties
Drafted 7–8 September 2007
Signed 13 December 2007
Sealed 18 December 2007
Effective 1 January 2009 if ratified
Signatories European Union member states
Depositor Government of Italy
Languages 23 EU languages
Wikisource original text:
Treaty of Lisbon

The Treaty of Lisbon (also known as the Reform Treaty) is a treaty signed on 13 December 2007 at a summit in Lisbon, Portugal. It amends the existing treaties of the European Union (EU). It is due to come into force in 2009, if successfully ratified by all EU member states, and would carry out most of the reforms previously proposed in the rejected European Constitution.

The formal title of the treaty is Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community. It is intended that the treaty would come into force on 1 January 2009 in time for the 2009 European elections later that year. If there is a delay in ratification pushing it beyond that date, it will come into force on the first day of the month following the last ratification.EU Law Blog: Reform/Lisbon Treaty: Finalization, Ratification and Entry into Force

Contents

History

Background

Politics and government of
the European Union

Treaties
Rome · Maastricht · Nice · Lisbon
Institutions
Commission: President Barroso
Parliament: President Pöttering
Council: Presidency Slovenia
E .Council · ECJ · High Rep.
Other topics
Elections · Parties · Groups
States · FR · Law · EMU

Large version

Main article: Treaty establishing a Constitution for Europe

Further information: History of the European Constitution

The need to review the EU\'s constitutional framework, particularly in light of the impending accession of ten new member states in 2004, was highlighted in a declaration annexed to the Treaty of Nice in 2001. The agreements at Nice had paved the way for further enlargement of the Union by reforming voting procedures, but the treaty was widely regarded as not having gone far enough. The Laeken declaration of December 2001 committed the EU to improving democracy, transparency and efficiency, and set out the process by which a constitution could be arrived at. The European Convention was established, presided over by former French President Valéry Giscard d\'Estaing, and was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. The Convention consisted mainly of representatives of national parliaments, not only from existing member states but also from candidate countries, as well as representatives of heads of state and government. It published its final draft in July 2003. The final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Ireland.

The Constitution, having been agreed by heads of government from the 25 member states, was signed at a ceremony in Rome on 29 October 2004. Before it could enter into force, however, it had to be unanimously ratified by each member state. Ratification took different forms in each country, depending on the traditions, constitutional arrangements, and political processes of each country. In 2005, Dutch and French voters rejected the European Constitution in national referenda. While the majority of the EU member states already had ratified the European Constitution, mostly through parliamentary ratification (though Spain and Luxembourg held referenda), due to the requirement of unanimity to amend the constitutional treaties of the EU, it became clear that it could not enter into force. This led to a "period of reflection" and the political end of the proposed European Constitution.

New impetus

In 2007, Germany took over the rotating EU Presidency and declared the period of reflection over. By March, the 50th anniversary of the Treaties of Rome, the Berlin Declaration was adopted by all member states. This declaration outlined the intention of all member states to agree on a new treaty in time for the 2009 Parliamentary elections, that is to have a ratified treaty before mid-2009.Constitutional Treaty: the "reflection period". EurActiv.com (2007-06-01). Retrieved on 2007-06-26.

Already before the Berlin Declaration, the Amato Group (officially the Action Committee for European Democracy, ACED) – a group of European politicians, backed by the Barroso Commission with two representatives in the group – worked unofficially on rewriting the Treaty establishing a Constitution for Europe (EU Constitution). On 4 June 2007 the group released their text in French – cut from 63,000 words in 448 articles in the Treaty establishing a Constitution for Europe to 12,800 in 70 articles.http://www.iue.it/RSCAS/e-texts/ACED2007_NewTreatyMemorandum-04_06.pdf". Action Committee for European Democracy (2007-06-22). Retrieved on 2008-03-08. In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty;

Timetable

  •  

21–23 June 2007

  

European Council meeting in Brussels, mandate for IGC

  •  

23 July 2007

launch of Intergovernmental Conference (IGC) in Lisbon, text of Reform Treaty

  •  

7–8 September 2007

Foreign Ministers’ meeting

  •  

18–19 October 2007

European Council in Lisbon, final agreement on Reform Treaty

  •  

13 December 2007

signing of the treaty in Lisbon

  •  

by end of 2008

ratified by all member states

  •  

1 January 2009

entry into force

June European Council

Angela Merkel brokered a draft treaty agreement in June 2007

On 21 June 2007 the European Council met in Brussels to agree upon the foundation of a new treaty to replace the rejected Constitution. The meeting took place under the German Presidency of the Union, with Germany\'s Chancellor Angela Merkel leading the negotiations as President-in-Office of the European Council. After the Council quickly dealt with its other business, such as deciding on the accession of Cyprus and Malta to the Eurozone, negotiations on the Treaty took over and lasted until 5 a.m. on Saturday morning, 23 June 2007.

Agreement was reached on a 16-page mandate for an Intergovernmental Conference, that proposed removing much of the constitutional terminology and many of the symbols from the old European Constitution text. In addition it was agreed to recommend to the IGC that the provisions of the old European Constitution should be amended in certain key aspects (such as voting or foreign policy). Due to pressure from the United Kingdom and Poland, it was also decided to add a protocol to the Charter of fundamental human rights within the EU (clarifying that it did not extend the rights of the courts to overturn domestic law in Britain or Poland). Among the specific changes were greater ability to opt-out in certain areas of legislation and that the proposed new voting system that was part of the European Constitution would not be used before 2014 (see Provisions below).Presidency Conclusions Brussels European Council 21/22 June 2007. Council of the European Union (23 June 2007). Retrieved on 2007-06-26.Honor Mahony (21 June 2007). Stakes high as EU tries to put 2005 referendums behind it. EU Observer. Retrieved on 2007-06-26.

In the June meeting, the name "Reform Treaty" also emerged, finally eliminating the name "Constitution for Europe" for the new EU treaty. Technically it was agreed that the Reform Treaty would amend both the Treaty on European Union and the Treaty establishing the European Community to include most provisions of the European Constitution, however not to combine them into one document. It was also agreed to rename the Treaty establishing the European Community (EC-Treaty), which is the main functional agreement including most of the substantive provisions of European primary law, to "Treaty on the Functioning of the Union". In addition it was agreed, that unlike the European Constitution where a Charter was included in the text, there would only be a reference to the Charter of Fundamental Rights of the European Union to make that document legally binding. Many of the amendments followed the procedures suggested by the Amato Group.

Intergovernmental Conference

Wikinews has related news:

Work begins on "Lisbon Treaty"

Portugal had pressed and supported Germany to reach an agreement on a mandate for an Intergovernmental Conference (IGC) under their presidency. After the June negotiations and final settlement on a 16-page framework for the new Reform Treaty, the Intergovernmental conference on actually drafting the new treaty commenced on 23 July 2007. The IGC opened following a short ceremony. The Portuguese presidency presented a 145 page document (with an extra 132 pages of 12 protocols and 51 declarations) entitled the "Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community" and made it available on the Council of the European Union website as a starting point for the drafting process.Draft Reform Treaty – Projet de traité modificatif. Council of the European Union (24 July 2007). Retrieved on 2007-07-24.

In addition to government representatives and legal scholars from each member state, the European Parliament sent three representatives. These were conservative Elmar Brok, social democratic Enrique Baron Crespo and liberal Andrew Duff.Parliament to give green light for IGC. Euractiv (2007-07-09). Retrieved on 2007-07-09.

Before the opening of the IGC, the Polish government expressed a desire to renegotiate the June agreement, notably over the voting system, but relented under political pressure by most other European member states, due to a desire not to be seen as the sole trouble maker over the negotiations.Kubosova, Lucia (2007-07-20). Poland indicates it is ready to compromise on EU voting rights. EU Observer. Retrieved on 2007-07-20. However, according to some media reports, during the drafting process, Poland and Ireland may join the UK in its opt-out of the Charter on human rights, and Poland may call for further codification of rules regarding the ability of countries to delay legislation.EU talks to thrash out new treaty. BBC News (2007-07-23). Retrieved on 2007-07-23.EU unveils bulky new treaty draft. EU Observer (2007-07-09). Retrieved on 2007-07-23. Despite an opt-out for Ireland having been negotiated, the ICTU had stated it would push for a no vote, if the opt-out had been exercised.ICTU threatens to oppose EU treaty. RTE.ie (2007-07-03). Retrieved on 2007-09-08. In the end, the opt-out for Ireland was not exercised in this area.

October European Council

José Sócrates: as President-in-Office he led the negotiations in the Lisbon meeting in October 2007

This conference, mainly consisting of legal experts of all member states, was closed at Council meetings on 18 and 19 October 2007. As the IGC is held in Lisbon and the European Council meeting in October took place in Lisbon as well, it is likely the treaty will be called the "Treaty of Lisbon" in the style of past treaties (excluding the Constitution\'s IGC in Rome); the Maastricht Treaty in Maastricht (1992), the Amsterdam Treaty in Amsterdam (1997), and the Nice Treaty in Nice (2001). The meeting took place under the Portuguese Presidency of the Union, with Portugal\'s Prime Minister Jose Socrates leading the negotiations as President-in-Office of the European Council.

At the European Council meeting on 18 October and 19 October 2007 in Lisbon, a few last-minute concessions were made to ensure the signing of the treaty:"EU leaders agree new treaty deal", BBC News Online, 19 October 2007. 

Signing

Wikinews has related news:

European leaders sign Lisbon Treaty

The signing ceremony was held inside the Jerónimos Monastery

The treaty was signed 13 December 2007 by heads of government for member states in the Jerónimos Monastery in Lisbon, Portugal. British Prime Minister Gordon Brown was criticised in the media for arriving late for the ceremony, with an excuse that he had to appear before a committee of British MPs.AFP: Government wins first round in battle over EU treaty

Structure

The Treaty is divided into several parts:

  • Preamble
  • Changes to the Treaty on European Union (Article 1, Page 3-40)
  • Changes to the Treaty establishing the European Community (Article 2, Page 41-150)
  • Final provisions (Article 3-7, Page 151-152)
  • Protocols
  • Declarations

The merge of previous EU treaties into the failed Constitution (left), and the structure of the Lisbon "Reform" Treaty\'s amending of the old documents

Treaty on
European
Union

Treaty
establishing
the European
Community

Charter of
Fundamental
Rights

European
Constitution

Treaty on
European
Union

Treaty
establishing
the European
Community

Reform Treaty

Treaty on
European
Union

Treaty on
the Functioning
of the European
Union

Charter of
Fundamental
Rights

Charter of
Fundamental
Rights

The “Treaty Establishing the European Community” (Treaty of Rome) will be renamed the “Treaty on the Functioning of the European Union” and its articles will be re-numbered (Reform Treaty, Article 5). In contrast to the European Constitution, which would have replaced the two main treaties of the European Union plus the Charter of Fundamental Rights and combined them into one single treaty, the Reform Treaty will simply amend them thus making a legal binding reference to the Charter of Fundamental Rights. To understand the changes proposed in the Reform Treaty one has to crossreference with the existing treaties. This has caused many observers to call the treaty unreadable and ugly. A typical example from the treaty is:

Article 7 shall be amended as follows: (a) throughout the Article, the word "assent" shall be replaced by "consent", the reference to breach "of principles mentioned in Article 6(1)" shall be replaced by a reference to breach "of the values referred to in Article 2" and the words "of this Treaty" shall be replaced by "of the Treaties";


Content

Key innovations

The Fundamental Rights Charter, proclaimed by the EU in 2000, would be made legally binding.
The External Relations Commissioner post merged into the current seat held by Javier Solana.
  • Extended role for parliaments
The directly elected European Parliament gains power by extending the codecision procedure to many areas. National parliaments will also have extended roles.
  • Restructured EU policy areas
Double majority voting in the Council of The European Union expanded to more areas from 2014 on.
Would replace the currently rotating Presidency of the EU Council. 2.5 year term.
Enables the EU to sign international treaties.

The Treaty of Lisbon is intended to keep most of the institutional innovations that were agreed upon in the European Constitution, such as a permanent EU president, a foreign minister (renamed "High Representative of the Union for Foreign Affairs and Security Policy"), the same distribution of parliamentary seats, a reduced number of commissioners, a clause on withdrawal from the EU and a full legal personality (currently held only by the European Community) allowing it to sign international agreements. In addition many of the political changes and substantial amendments to the old treaties in the European Constitution have also been kept. The following points are the major changes with regard to the European Constitution and the old treaties:

Names and constitutional elements

The "Treaty Establishing the European Community" (Treaty of Rome) will be renamed the “Treaty on the Functioning of the European Union”. However, in contrast to the European Constitution, the two main treaties of the European Union will not be combined to one single constitutional treaty.

In addition there will be some changes to the institutions of the Union: the European Council and European Central Bank will both become official institutions; the Council of the European Union will be known in the treaty as \'the Council\' or the \'Council of Ministers\'; the Court of Justice of the European Communities shall be known as the \'Court of Justice of the European Union\', and the term \'European Commission\' will also be used in the treaties instead of the Commission of the European Communities.

It was agreed to drop most of the state-like features such as the name "constitution", as well as reference to EU symbols (flag, anthem, motto). However all the symbols are already in use, the flag having been adopted in the 1980s, and the Constitution would have just given them a more formal status. So despite being dropped from the text, use will continue: indeed the Parliament, in response to the dropping of the symbols, announced it would make greater use of them. In line with eliminating all "state-like" terminology and symbols, new names for various types of EU legislation have been dropped, in particular the proposal to rename EU regulations and directives as EU "laws".Beunderman, Mark (2007-07-11). MEPs defy member states on EU symbols. EU Observer. Retrieved on 2007-07-12. Sixteen EU-countries have declared their allegiance to these symbols in the new treaty, although the annexed declaration is not legally binding."Germany seeks to enshrine EU flag", The Daily Telegraph, 2007-12-11. Retrieved on 2007-12-11. Final Act. Council of the European Union (2007-12-03). Retrieved on 2007-12-11.

Charter of Fundamental Rights

Main article: Charter of Fundamental Rights of the European Union

The 54-article Charter of Fundamental Rights lists citizens\' political, social and economic rights. It is supposed to make sure that EU regulations and directives do not contradict the European Convention on Human Rights which is ratified by all EU member states (and to which the EU as a whole would accede under the treaty). In the rejected EU Constitution it was integrated into the text of the treaty and was legally binding. The UK, as one of the two countries with a common law legal system in the EUuntitled and a largely uncodified Constitution, was against making it legally binding over domestic law.Mark Tran (21 June 2007). How the German EU proposals differ from the constitution. The Guardian. Retrieved on 2007-06-26. The German presidency suggested a reference to it with a single article in the "Reform Treaty" but maintained that it should be legally binding.LinksDossier: EU in search of a new Treaty. EurActiv.com (26 April 2007). Retrieved on 2007-06-26. The article elevates the Charter to the same legal value as the Treaty on European Union and the Treaty on the Functioning of the European Union.

Article 6

1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, as adapted [at..., on... 2007], which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.

2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union\'s competences as defined in the Treaties.

3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union\'s law."

Foreign relations

Main article: High Representative of the Union for Foreign Affairs and Security Policy

Francisco Javier Solana Madariaga -- The High Representative would be combined with the Commissioner for External Relations

Foreign Relations is a policy area which requires unanimity among the members of the EU according to the reform treaty. It will merge the post of High Representative for the Common Foreign and Security Policy with the European Commissioner for External Relations and European Neighbourhood Policy in an effort to reduce the number of Commissioners in the European Commission. The High Representative will also become a Commission vice-president and get a diplomatic corps. The Constitution called this post the Union Foreign Minister. In the Reform Treaty this post will be called High Representative of the Union for Foreign Affairs and Security Policy.

Several member states feared that this post will undermine their national foreign policy, so the EU summit mandated that the IGC will agree to the following Declaration:

In addition to the specific procedures referred to in [paragraph 1 of Article 11], the Conference underlines that the provisions covering Common Foreign and Security Policy (CFSP) including in relation to the High Representative of the Union for Foreign Affairs and Security Policy and External Action Service will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organisations, including a Member State\'s membership of the Security Council of the UN.

The Conference also notes that the provisions covering CFSP do not give new powers to the Commission to initiate decisions or increase the role of the European Parliament. The Conference also recalls that the provisions governing the CFSP do not prejudice the specific character of the security and defence policy of the Member States.

The changes in foreign relations have been seen by some as the core changes in the treaty, in the same way the Single European Act had created a single market, the Maastricht Treaty had created the euro or the Treaty of Amsterdam created greater cooperation in justice and home affairs.Richard Lamming (28 June 2007). A treaty for foreign policy. EU Observer. Retrieved on 2007-08-19.

The European Parliament and national parliaments

See also: European Parliament

The power of the directly elected European Parliament would be increased under the Reform Treaty. Currently most policy areas fall under co-decision procedure. After ratification of the Reform Treaty this procedure (now called the "ordinary legislative procedure") would apply to virtually all areas of EU policy meaning that the Parliament would have equal powers to those of the Council, with the two of them together constituting a bi-cameral legislature. In the few remaining areas (now called "special legislative procedures"), Parliament either has the right of consent to a Council measure, or vice-versa, except where the few cases where the old Consultation procedure applies (where the Council must consult the European Parliament before voting on the Commission proposal and take its views into account. It is not bound by the Parliament\'s position but only by the obligation to consult it. Parliament must be consulted again if the Council deviates too far from the initial proposal).

The Parliament also gains greater powers over the entirety of the EU budget, not just non-compulsory expenditure.

National parliaments will be given a greater role in any reform of the EU Treaty (new Article 33 replacing Article 48) and in responding to new applications for membership (new Article 34 replacing Article 49). National parliaments will be able to veto measures furthering judicial cooperation in civil matters (new Article 69d).

Article 8c: National Parliaments shall contribute actively to the good functioning of the Union:

(a) through being informed by the institutions of the Union and having draft European legislative acts forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;
(b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality;
(c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 64 of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust\'s activities in accordance with Articles 69k and 69h of that Treaty;
(d) by taking part in the revision procedures of the Treaties, in accordance with Article 33 of this Treaty;
(e) by being notified of applications for accession to the Union, in accordance with Article 34 of this Treaty;
(f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union.

Dutch prime minister Jan-Peter Balkenende insisted on a greater role for national parliaments to avert holding a referendum

These points were "red line" issues for Dutch prime minister Jan-Peter Balkenende who wanted a greater role for national parliaments in the EU decision making process.Bruno Waterfield and Toby Helm. "EU treaty must be re-written, warn MPs", The Daily Telegraph, 23 July 2007. 

Protocol 2 provides for a greater role of national parliaments in ensuring that EU measures comply with the principle of subsidiarity. In comparison with the proposed Constitution, the Reform Treaty allows national parliaments eight rather than six weeks to study European Commission legislative proposals and decide whether to send a reasoned opinion stating why the national parliament considers it to be incompatible with subsidiarity. National parliaments may vote to have the measure reviewed. If one third (or one quarter, where the proposed EU measure concerns freedom, justice and security) of votes are in favour of a review, the Commission will have to review the measure and if it decides to maintain it, must give a reasoned opinion to the Union legislator as to why it considers the measure to be compatible with subsidiarity.

Voting in the Council

Main article: Voting in the Council of the European Union

The Reform Treaty will introduce a new voting procedure in the Council of the European Union for legislation which do not require unanimous decisions. This so-called "qualified majority" is reached when a majority of all member countries (55%) who represent a majority of all citizens (65%) vote in favour of the proposal. When the Council is not acting on a proposal of the Commission, the necessary majority of all member countries is increased to 72% while the population requirement stays the same. To block legislation at least 4 countries have to be against the proposal.

The current Nice treaty voting rules (that include a majority of countries (50% / 67%), voting weights (74%) and population (62%)) will remain in place until 2014. Between 2014 and 2017 a transitional phase will take place where the new qualified majority voting rules apply, but where the old Nice treaty voting weights can be applied when a member state wishes so. Also from 2014 a new version of the 1994 "Ioannina Compromise" will take effect, which allows small minorities of EU states to call for re-examination of EU decisions they do not like.Honor Mahony (23 June 2007). EU leaders scrape treaty deal at 11th hour. EU Observer. Retrieved on 2007-06-26.

Policy areas

See also: Three pillars of the European Union

According to the Reform Treaty, the EU\'s three "pillar" structure would be replaced. The union\'s competencies in two major legislative areas or "pillars" – Foreign and Security Policy (second pillar) and Police and Judicial Co-operation in Criminal Matters (third pillar) – would be increased at the same time. However the UK was opposed to extension of supranational powers in these areas in order to avoid a national referendum. On foreign policy and defence, the national veto will be retained but other innovations from the constitution are retained.

In the Reform Treaty the policy areas of the EU are classified into one of the following three areas:

  • Exclusive competence: In this area the EU has exclusive competence to make directives. It also has exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union.
  • Shared competence: The member states can exercise competence on an issue in this area if the EU has not. Member states can not exercise competence where the EU has exercised competence.
  • Supporting competence: Here the EU is allowed to carry out actions to support, coordinate or supplement the actions of the Member States.
Exclusive competence Shared competence Supporting competence
  • customs union
  • the establishing of the competition rules necessary for the functioning of the internal market
  • monetary policy for the Member States whose currency is the euro
  • the conservation of marine biological resources under the common fisheries policy
  • common commercial policy
  • internal market
  • social policy, for the aspects defined in this Treaty
  • economic, social and territorial cohesion
  • agriculture and fisheries, excluding the conservation of marine biological resources
  • environment
  • consumer protection
  • transport
  • trans-European networks
  • energy
  • area of freedom, security and justice
  • common safety concerns in public health matters, for the aspects defined in this Treaty
  • protection and improvement of human health
  • industry
  • culture
  • tourism
  • education, youth, sport and vocational training
  • civil protection
  • administrative cooperation

Member states can have opt-outs from some of these policy areas (e.g. UK opt-out from some legislation in the area of freedom, security and justice).

The Treaty will provide countries with a chance to opt out of certain EU policies in the area of police and criminal law – as pushed for by the UK, supported by the Czech Republic.Honor Mahony (20 June 2007). EU treaty blueprint sets stage for bitter negotiations. EU Observer. Retrieved on 2007-06-26. Provisions in the Treaty framework draft from the June 2007 summit stated that the division of power between member states and the Union is a two-way process, implying that powers can be taken back from the union.

President of the European Council

See also: President of the European Council and Presidency of the Council of the European Union

Former British Prime Minister Tony Blair, Irish Taoiseach Bertie Ahern and Luxembourgian Prime Minister Jean-Claude Juncker have among others been suggested as possible candidate forerunners by much of the media.Bertie ahead of Tony Blair in race for EU presidency - National News, Frontpage - Independent.ie

The current post of President-in-Office of the European Council is loosely defined, with the Union\'s treaties stating only that the European Council shall be chaired by the head of government (or state) of the country holding the presidency of the European Union which rotates every six months.Eur-Lex. Consolidated EU Treaties. Retrieved on 2007-06-27. If ratified the new President of the European Council would be elected for a two and a half year term. The election would take place by a qualified majority among the members of the body, and the President can be removed by the same procedure. Unlike the President of the European Commission, there is no approval from the European Parliament.Europa website. SCADPlus: The Institutions of the Union. Retrieved on 2007-06-27.

The President\'s work would be largely administrative in coordinating the work of the Council and organising the meeting. It does however offer external representation of the council and the Union and reports to the European Parliament after Council meetings and at the beginning and end of his term.

In many newspapers this post is inaccurately being called "President of Europe".

Enlargement and secession

Main article: Enlargement of the European Union

     The European Union      Expressed interest in membership      Candidate      Membership debate

The Reform Treaty, just like the European Constitution, will include language on potential member states having to adhere to the bloc\'s values if they want to become members of the union. A Dutch suggestion to enshrine the Copenhagen Criteria for further enlargement in the new treaty has not been fully taken on board as there are fears it would lead to ECJ judges having the last word on who could join the EU, rather than its political leaders. During the June 2007 summit Dutch prime minister Jan Peter Balkenende, secured stronger enlargement criteria in the treaty. They make it more difficult for would-be member states to get their applications approved, give slightly more power to national parliaments over proposed EU legislation and add a protocol stating that the new treaty does not affect the right of member states to provide services of general interest.

Just like the European Constitution the Reform Treaty will include a provision that makes it possible for EU member states for the first time to legally and officially terminate their membership. While there has been an instance where a territory has ceased to be part of the EC (Greenland in 1985), there is currently no regulated opportunity to exit the European Union.

Another feature that has been taken over from the European Constitution is that a change of status of an overseas territory of France, Denmark or the Netherlands no longer requires a revision of the Treaties. Instead, the European Council may, on the initiative of the member state concerned, change the status of an overseas country or territory (OCT) to an outermost region (OMR) or the other way around.The provision reads:

Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:
[...]
(e) the following new paragraph shall be added at the end of the Article:
"6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission."

Treaty of Lisbon Article 2, point 293

This provision was included on a proposal by the Netherlands, which is investigating the future of the Netherlands Antilles and Aruba in the European Union as part of an institutional reform process that is currently taking place in the Netherlands Antilles.

Climate change and energy solidarity

The Reform Treaty has additional agreements regarding climate change and the fight against global warming, which have been added as targets for the European Union. In addition, several provisions of the treaties have been amended to include solidarity in matters of energy supply and changes to the energy policy within the European Union.

Special provisions for member states

Main article: Opt-outs in the European Union

United Kingdom and Poland

The United Kingdom and Poland have both fought for the inclusion of a protocol to prevent the full application of the "Charter of Fundamental Rights of the European Union" by the European Court of Justice in their countries, although it would still bind the EU institutions and apply to the field of EU law:

Article 1
1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms.
2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law.
Article 2
To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.

Though the Civic Platform party in Poland had signalled during the 2007 parliamentary elections that it would not seek to opt-out from the Charter,Staff writer. "Poland\'s new government will adopt EU rights charter: official", EUbusiness, 2007-10-22. Retrieved on 2007-10-22.  Prime Minister Tusk has since stated that Poland will not sign up to the Charter. Tusk declared that the deals negotiated by the previous Polish government will be honoured,Staff writer. "No EU rights charter for Poland", BBC News, 2007-11-23. Retrieved on 2007-11-23.  though suggested that Poland may eventually sign up to the Charter at a later date."Russia poll vexes EU and Poland", BBC News Online, 4 December 2007. 

United Kingdom and Ireland

Ireland and the United Kingdom have opted out from the change from unanimous decisions to qualified majority voting in the sector of police and judicial affairs; this decision will be reviewed in Ireland three years after the treaty enters into force (if referendum allows). Both states will be able to opt-in on these voting issues on a case-by-case basis.

Ratification

     Referendum ratification      Parliamentary ratification      Ratified      Non ratified

The Lisbon Treaty was signed on 13 December, 2007 and should be ratified in all member states by the end of 2008, entering into force on 1 January 2009 ahead of the next European elections. Most states are likely to try to avoid having a referendum on the treaty – with only Ireland obliged to (due to its constitution) – and will aim to ratify it by their national parliaments. In Denmark, there were calls to hold a referendum on the treaty."DF forsøger at true VK til EU-afstemning", Politiken, 2007-07-18. Retrieved on 2007-07-18. "Danskerne vil stemme om EU-traktat", Politiken, 2007-07-16. Retrieved on 2007-07-18.  A neutral commission decided against a referendum being held. Danish Prime Minister Anders Fogh Rasmussen announced on 11 November 2007 that he would not submit the treaty to a referendum,"No Danish vote on Lisbon Treaty", BBC News Online, 11 December 2007.  which MPs confirmed on the same day.EUobserver.com In Scotland the Scottish Government has suggested it may hold a consultative referendum on the treaty; it is unclear whether such a referendum is intended to have any legal effect however, as foreign policy falls outside the competence of the Scottish Parliament. The small town of Crigglestone, West Yorkshire, will hold a local referendum on the issue under the Local Government Act, which will be funded by the Wakefield-based Conservative parliamentary candidate Alex Story."Villagers decide to shun EU vote", BBC News Online, 21 December 2007. 

In the Czech Republic, the Netherlands and the United Kingdom considerations over whether to hold referendums were made. In all cases, the governments decided to ratify the treaty through parliament. In the Netherlands and the United Kingdom, the parliament could force a referendum against the government\'s decision; however, this is considered unlikely, as anti-referendum parties hold majorities.http://jurist.law.pitt.edu/paperchase/2007/09/netherlands-rejects-eu-reform-treaty.php"Commons battle looms on EU treaty", BBC News Online, 19 October 2007.  The Czech Republic voted on 30 October 2007 to ratify the treaty through the parliamentary route, and not via a referendum; the Communist Party of Bohemia and Moravia and three rebel MPs from the ruling Civic Democratic Party were the only ones to vote in favour of a referendum.Czech lawmakers reject referendum over EU treaty — EUbusiness.com - business, legal and financial news and information from the European Union

In Portugal, Prime Minister José Sócrates pledged to hold a referendum on the European Constitution and faces calls to hold a referendum on the Reform Treaty, as well; however, all parties except the Left Bloc are hesitant to do so, fearing a knock-on effect causing other states to hold a referendum, as well. Sócrates, while avoiding making a clear statement on the issue in 2007, had stated he would announce his decision after the formal signing of the treaty on 13 December 2007.Portugal drückt sich vor dem EU-Referendum (International, NZZ Online) He stated on 9 January 2008 to the national parliament that the treaty would be ratified without a referendum.EurActiv.com - Portugal rules out referendum on EU Treaty | EU - European Information on EU Treaty & Institutions

Hungary was the first member state of the EU which ratified the Treaty of Lisbon. The National Assembly of Hungary (Országgyűlés) ratificated the Treaty on 17 December 2007.

Ratification processes by the signatories

Signatory Final vote dateArticle 6, paragraph 1 of the Treaty requires that instruments of ratification be deposited with the Government of Italy in order for the Treaty to enter into force. Each country deposits the instrument of ratification after its internal ratification process is finalized by all required state bodies (parliament and the head of state). Countries are ordered according to the date of deposition of ratification documents. When two countries have deposited the necessary documents on the same date the order is alphabetical. Chamber ResultResults refer to the final round when more than one vote is required. Deposition with
Italian GovernmentDeposition details
 Austria 9 April 2008 National Council  
9 April 2008 Federal Council
 Belgium before 20 March 2008[1]