Amsterdam Treaty
Encyclopedia
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty
, which had been signed in 1992.
The Amsterdam Treaty meant a greater emphasis on citizenship and the rights of individuals, an attempt to achieve more democracy in the shape of increased powers for the European Parliament
, a new title on employment, a Community area of freedom, security and justice, the beginnings of a common foreign and security policy
(CFSP) and the reform of the institutions in the run-up to enlargement.
on 2 June 1995, nearly forty years after the signing of the Treaties of Rome, and reached completion in Amsterdam
on 18 June 1997. Following the formal signing of the Treaty on 2 October 1997, the Member States engaged in an equally long and complex ratification process. The European Parliament endorsed the Treaty on 19 November 1997, and after two referenda and 13 decisions by national parliaments, the Member States finally concluded the procedure.
Treaty (which expired in 2002), the Euratom Treaty
and the Act concerning the election of the European Parliament. The final provisions contain four Articles. The new Treaty also set out to simplify the Community Treaties, deleting more than 56 obsolete articles and renumbering the rest in order to make the whole more legible. By way of example, Article 189b on the codecision procedure became Article 251.
The most pressing concerns of ordinary Europeans, such as their legal and personal security, immigration and fraud prevention, were all dealt with in other chapters of the Treaty. In particular, the EU will now be able to legislate on immigration, civil law
or civil procedure
, in so far as this is necessary for the free movement of persons within the EU. At the same time, intergovernmental cooperation was intensified in the police and criminal justice field so that Member States will be able to coordinate their activities more effectively. The Union aims to establish an area of freedom, security and justice for its citizens. The Schengen Agreements have now been incorporated into the legal system of the EU. (Ireland and the UK remained outside the Schengen agreement, see Common Travel Area
for details)
The Treaty lays down new principles and responsibilities in the field of the common foreign and security policy, with the emphasis on projecting the EU's values to the outside world, protecting its interests and reforming its modes of action. The European Council
will lay down common strategies, which will then be put into effect by the Council acting by a qualified majority, subject to certain conditions. In other cases, some States may choose to abstain "constructively", i.e. without actually preventing decisions being taken.
The treaty introduced a High Representative for EU Foreign Policy who, together with the Presidents of the Council and the European Commission
, puts a "name and a face" on EU policy in the outside world. Although the Amsterdam Treaty did not provide for a common defence, it did increase the EU's responsibilities for peacekeeping
and humanitarian work, in particular by forging closer links with Western European Union
.
As for the institutions, there were two major reforms concerning the codecision procedure (the legislative procedure involving the European Parliament and the Council), affecting its scope - most legislation was adopted by the codecision procedure - and its detailed procedures, with Parliament playing a much stronger role. The President of the Commission will also have to earn the personal trust of Parliament, which will give him the authority to lay down the Commission's policy guidelines and play an active part in choosing the Members of the Commission by deciding on their appointment by common accord with the national governments. These provisions make the Commission more politically accountable, particularly vis-à-vis the European Parliament. Finally, the new Treaty opens the door, under very strict conditions, to closer cooperation between Member States which so wish. Closer cooperation may be established, on a proposal from the Commission, in cases where it is not possible to take joint action, provided that such steps do not undermine the coherence of the EU or the rights and equality of its citizens.
.
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
, which had been signed in 1992.
The Amsterdam Treaty meant a greater emphasis on citizenship and the rights of individuals, an attempt to achieve more democracy in the shape of increased powers for the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, a new title on employment, a Community area of freedom, security and justice, the beginnings of a common foreign and security policy
Common Foreign and Security Policy
The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
(CFSP) and the reform of the institutions in the run-up to enlargement.
Background
The treaty was the result of very long negotiations which began in Messina, SicilySicily
Sicily is a region of Italy, and is the largest island in the Mediterranean Sea. Along with the surrounding minor islands, it constitutes an autonomous region of Italy, the Regione Autonoma Siciliana Sicily has a rich and unique culture, especially with regard to the arts, music, literature,...
on 2 June 1995, nearly forty years after the signing of the Treaties of Rome, and reached completion in Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...
on 18 June 1997. Following the formal signing of the Treaty on 2 October 1997, the Member States engaged in an equally long and complex ratification process. The European Parliament endorsed the Treaty on 19 November 1997, and after two referenda and 13 decisions by national parliaments, the Member States finally concluded the procedure.
Contents
Amsterdam comprises 13 Protocols, 51 Declarations adopted by the Conference and 8 Declarations by Member States plus amendments to the existing Treaties set out in 15 Articles. Article 1 (containing 16 paragraphs) amends the general provisions of the Treaty on European Union and covers the CFSP and cooperation in criminal and police matters. The next four Articles (70 paragraphs) amend the EC Treaty, the European Coal and Steel CommunityEuropean Coal and Steel Community
The European Coal and Steel Community was a six-nation international organisation serving to unify Western Europe during the Cold War and create the foundation for the modern-day developments of the European Union...
Treaty (which expired in 2002), the Euratom Treaty
Euratom Treaty
The Euratom Treaty, officially the Treaty establishing the European Atomic Energy Community established the European Atomic Energy Community. It was signed on the 25 March 1957 at the same time as the Treaty establishing the European Economic Community .The Euratom treaty is less well known due to...
and the Act concerning the election of the European Parliament. The final provisions contain four Articles. The new Treaty also set out to simplify the Community Treaties, deleting more than 56 obsolete articles and renumbering the rest in order to make the whole more legible. By way of example, Article 189b on the codecision procedure became Article 251.
The most pressing concerns of ordinary Europeans, such as their legal and personal security, immigration and fraud prevention, were all dealt with in other chapters of the Treaty. In particular, the EU will now be able to legislate on immigration, civil law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
or civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, in so far as this is necessary for the free movement of persons within the EU. At the same time, intergovernmental cooperation was intensified in the police and criminal justice field so that Member States will be able to coordinate their activities more effectively. The Union aims to establish an area of freedom, security and justice for its citizens. The Schengen Agreements have now been incorporated into the legal system of the EU. (Ireland and the UK remained outside the Schengen agreement, see Common Travel Area
Common Travel Area
The Common Travel Area is a passport-free zone that comprises the islands of Ireland, Great Britain, the Isle of Man and the Channel Islands. The area's internal borders are subject to minimal or non-existent border controls and can normally be crossed by Irish and British citizens with only...
for details)
The Treaty lays down new principles and responsibilities in the field of the common foreign and security policy, with the emphasis on projecting the EU's values to the outside world, protecting its interests and reforming its modes of action. The European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
will lay down common strategies, which will then be put into effect by the Council acting by a qualified majority, subject to certain conditions. In other cases, some States may choose to abstain "constructively", i.e. without actually preventing decisions being taken.
The treaty introduced a High Representative for EU Foreign Policy who, together with the Presidents of the Council and the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, puts a "name and a face" on EU policy in the outside world. Although the Amsterdam Treaty did not provide for a common defence, it did increase the EU's responsibilities for peacekeeping
Peacekeeping
Peacekeeping is an activity that aims to create the conditions for lasting peace. It is distinguished from both peacebuilding and peacemaking....
and humanitarian work, in particular by forging closer links with Western European Union
Western European Union
The Western European Union was an international organisation tasked with implementing the Modified Treaty of Brussels , an amended version of the original 1948 Treaty of Brussels...
.
As for the institutions, there were two major reforms concerning the codecision procedure (the legislative procedure involving the European Parliament and the Council), affecting its scope - most legislation was adopted by the codecision procedure - and its detailed procedures, with Parliament playing a much stronger role. The President of the Commission will also have to earn the personal trust of Parliament, which will give him the authority to lay down the Commission's policy guidelines and play an active part in choosing the Members of the Commission by deciding on their appointment by common accord with the national governments. These provisions make the Commission more politically accountable, particularly vis-à-vis the European Parliament. Finally, the new Treaty opens the door, under very strict conditions, to closer cooperation between Member States which so wish. Closer cooperation may be established, on a proposal from the Commission, in cases where it is not possible to take joint action, provided that such steps do not undermine the coherence of the EU or the rights and equality of its citizens.
Challenges
The Amsterdam Treaty did not settle all institutional questions. Work was still in progress on reforming the institutions to make them capable of operating effectively and democratically in a much enlarged EU. The most pressing issues were the composition of the Commission and the weighting of Member States' votes upon qualified majority voting. These questions were addressed in the Treaty of LisbonTreaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
.
External links
- The Amsterdam Treaty - official site
- The Amsterdam treaty: a comprehensive guide
- Full text of the Amsterdam Treaty
- The Treaty on European Union (as amended by the Treaty of Amsterdam - pdf 203Kb)
- The Treaty establishing the European Community (as amended by the Treaty of Amsterdam - pdf 488Kb)
- The History of the European Union - The Treaty of Amsterdam
- European Disability Forum: Guide to the Amsterdam Treaty (Single page)
- The Amsterdam Summit in retrospect: Maastricht II and corporate lobby successes (UNICEUnion of Industrial and Employers' Confederations of EuropeFounded in 1958, BUSINESSEUROPE represents small, medium and large companies through its members, 41 leading national business organisations in 35 European countries working together to achieve growth and competitiveness in Europe...
) - The Amsterdam Treaty - How Industry Got Its Way(ERTEuropean Round Table of IndustrialistsThe European Round Table of Industrialists was born out of a growing preoccupation with thestate of the European economy in the early 1980s. Frequently diagnosed as “eurosclerosis”, the...
) - Amsterdam Treaty European NAvigator