Treaties of the European Union
Encyclopedia
The Treaties of the European Union are a set of international treaties
between the European Union
(EU) member states
which sets out the EU's constitutional basis
. They establish the various EU institutions
together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory.
There are two core functional treaties that lay out how the EU operates and a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 60 years since they first began. The modern amended versions are known as the "consolidated treaties".
, effective since 1993) and the Treaty on the Functioning of the European Union (TFEU; Rome Treaty, effective since 1958). These main treaties (plus their attached protocols and declarations) have been altered by amending treaties at least once a decade since they each came into force, the latest being the Treaty of Lisbon
which came into force in 2009. Lisbon also made the Charter of Fundamental Rights
legally binding, though that is not a treaty per se. The troubled ratification
of Lisbon has meant there is little climate for further reform in the next few years beyond accession treaties, which merely allow a new state to join
.
Title 1, Common Provisions
The first deals with common provisions. Article 1 establishes the European Union on the basis of the European Community and lays out the legal value of the treaties. The second article states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities." The member states share a "society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail".
Article 3 then states the aims of the EU in six points. The first is simply to promote peace, European values and its citizen's well-being. The second relates to free movement
with external border controls are in place. Point 3 deals with the internal market
. Point 4 establishes the euro
. Point 5 states the EU shall promote its values, contribute to eradicating poverty, observe human rights and respect the charter of the United Nations. The final sixth point states that the EU shall pursue these objectives by "appropriate means" according with its competences given in the treaties.
Article 4 relates to member states' sovereignty and obligations. Article 5 sets out the principles of conferral, subsidiarity
and proportionality with respect to the limits of its powers. Article 6 binds the EU to the Charter of Fundamental Rights of the European Union
and the European Convention on Human Rights
. Article 7 deals with the suspension of a member state and article 8 deals with establishing close relations with neighbouring states.
Title 2, Provisions on democratic principles
Article 9 establishes the equality of national citizens and citizenship of the European Union
. Article 10 declares that the EU is founded in representative democracy
and that decisions must be taken as closely as possible to citizens. It makes reference to European political parties and how citizens are represented: directly in the Parliament and by their governments in the Council and European Council - accountable to national parliaments
. Article 11 establishes government transparency, declares that broad consultations must be made and introduces provision for a petition
where at least 1 million citizens may petition the Commission to legislate on a matter. Article 12 gives national parliaments limited involvement in the legislative process.
Title 3, Provisions on the institutions
Article 13 establishes the institutions
in the following order and under the following names: the European Parliament
, the European Council
, the Council
, the European Commission
, the Court of Justice of the European Union
, the European Central Bank
and the Court of Auditors. it obliges co-operation between these and limits their competencies to the powers within the treaties.
Article 14 deals with the workings of Parliament and its election, article 15 with the European Council and its president, article 16 with the Council and its configurations and article 17 with the Commission and its appointment. Article 18 establishes the High Representative of the Union for Foreign Affairs and Security Policy
and article 19 establishes the Court of Justice.
Title 4, Provisions on enhanced cooperations
Title 4 has only one article which allows a limited number of member states to co-operate within the EU if others are blocking integration in that field.
Title 5, General provisions on the Union's external action and specific provisions on the Common Foreign and Security Policy
Chapter 1 of this title includes articles 21 and 22. Article 21 deals with the principles that outline EU foreign policy; including compliance with the UN charter, promoting global trade, humanitarian support and global governance. Article 22 gives the European Council, acting unanimously, control over defining the EU's foreign policy.
Chapter 2 is further divided into sections. The first, common provisions, details the guidelines and functioning of the EU's foreign policy, including establishment of the European External Action Service
and member state's responsibilities. Section 2, articles 42 to 46, deal with military cooperation (including mutual defence).
Title 6, Final provisions
Article 47 establishes a legal personality
for the EU. Article 48 deals with the method of treaty amendment; specifically the ordinary and simplified revision procedures. Article 49 deals with applications to join the EU
and article 50 with withdrawal. Article 51 deals with the protocols attached to the treaties and article 52 with the geographic application of the treaty. Article 53 states the treaty is in force for an unlimited period, article 54 deals with ratification and 55 with the different language versions of the treaties.
Part 1, Principles
In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that the EU shall respect the status of churches under national law.
Part 2, Non-discrimination and citizenship of the Union
The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the EU will "combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation". Articles 20 to 24 establishes EU citizenship
and accords rights to it; to free movement, consular protection from other states, vote and stand in local and
European elections
, right to petition Parliament and the European Ombudsman
and to contact and receive a reply from EU institutions in their own language. Article 25 requires the Commission to report on the implementation of these rights every three years.
Part 3, Union policies and internal actions
Part 3 on policies and actions is divided by area into the following titles: the internal market
; the free movement of goods, including the customs union
; agriculture
and fisheries
; free movement of people, services and capital
; the area of freedom, justice and security, including police and justice co-operation; transport policy; competition
, taxation and harmonisation of regulations (note Article 101 and Article 102); economic and monetary policy
, including articles on the euro
; employment policy; the European Social Fund
; education, vocational training, youth and sport policies; cultural policy; public health; consumer protection; Trans-European Networks
; industrial policy; economic, social and territorial cohesion (reducing disparities in development); research and development and space policy
; environmental policy; energy policy
; tourism; civil protection; and administrative co-operation.
Part 4, Association of the overseas countries and territories
Part 4 deals with association of overseas territories. Article 198 sets the objective of association as promoting the economic and social development of those associated territories as listed in annex 2. The following articles elaborate on the form of association such as customs duties.
Part 5, External action by the Union
Part 5 deals with EU foreign policy
. Article 205 states that external actions must be in accordance with the principles laid out in Chapter 1 Title 5 of the Treaty on European Union. Article 206 and 207 establish the common commercial (external trade) policy of the EU. Articles 208 to 214 deal with cooperation on development and humanitarian aid for third countries. Article 215 deals with sanctions
while articles 216 to 219 deal with procedures for establishing international treaties with third countries. Article 220 instructs the High Representative and Commission to engage in appropriate cooperation with other international organisations and article 221 establishes the EU delegations. Article 222, the Solidarity clause states that members shall come to the aid of a fellow member who is subject to a terrorist attack, natural disaster or man-made disaster. This includes the use of military force.
Part 6, Institutional and financial provisions
Part 6 elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of legislative acts and procedures of the EU. Articles 300 to 309 establish the European Economic and Social Committee, the Committee of the Regions
and the European Investment Bank
. Articles 310 to 325 outline the EU budget. Finally, articles 326 to 334 establishes provision for enhanced co-operation
.
Part 7, General and final provisions
Part 7 deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this is enacted by a protocol attached to the treaties), immunities and the affect on treaties signed before 1958 or the date of accession.
Protocols;
Annexes
Declarations
There are 65 declarations attached to the EU treaties. As examples, these include the following. Declaration 1 affirms that the charter, gaining legal force, reaffirms rights under the European Convention and does not allow the EU to act beyond its conferred competencies. Declaration 4 allocates an extra MEP to Italy. Declaration 7 outlines Council voting procedures to become active after 2014. Declaration 17 asserts the primacy of EU law. Declaration 27 reasserts that holding a legal personality does not entitle the EU to act beyond its competencies. Declaration 43 allows Mayotte
to change to the status of "outermost region".
(Euratom) is still in force as a separate treaty.
Title one outlines the tasks of Euratom. Title two contains the core of the treaty on how cooperation in the field is to take place. Title three outlines institutional provisions and has largely been subsumed by the European Union treaties. Title four is on financial provisions and title five on the general and title six is on final provisions.
and only allows for changes which do not increase the power of the EU. While using the passerelle clause does involve amending the treaties, as such, it does allow for a change of legislative procedure in certain circumstances.
The ordinary revision procedure for amending treaties requires proposals from an institution to be lodged with the European Council. The President of the European Council
can then either call a European Convention
(composed of national governments, national parliamentarians, MEPs
and representatives from the Commission
) to draft the changes or draft the proposals in the European Council itself if the change is minor. They then proceed with an Intergovernmental Conference
(IGC) which agrees the treaty which is then signed by all the national leaders and ratified by each state.
While this is the procedure that has been use for all treaties prior to the Lisbon Treaty, an actual European Convention (essentially, a constitutional convention
) has only been called twice. First in the drafting of the Charter of Fundamental Rights with the European Convention of 1999–2000. Second with the Convention on the Future of Europe which drafted the Constitutional Treaty (which then formed the basis of the Lisbon Treaty). Previously, treaties had been drafted by civil servants.
The simplified revision procedure, which applies only to part three of the Treaty on the Functioning of the European Union and cannot increase the powers of the EU, sees changes simply agreed in the European Council by a decision before being ratified by each state. The amendments to protocol 36 and article 136 (both being ratified as of August 2011) both make use of the simplified revision procedure due to the small scope of their changes.
The treaties also contain a passerelle clause which allows the European Council
to unanimously agree to change the applicable voting procedure for an area of legislation from a special legislative procedure to the ordinary legislative procedure, provided that no national parliament objects. This procedure cannot be used for area which have defence implication.
Any reform to the legal basis of the EU must be ratified according to the procedures in each member state. All states are required to ratify it and lodge the instruments of ratification with the Government of Italy
before the treaty can come into force in any respect. In some states, such as Ireland
this is usually a referendum as any change to that state's constitution requires one. In others, such as Germany
, referendums are constitutionally banned and the ratification must take place in its national parliament
.
On some occasions, a state has failed to get a treaty passed by its public in a referendum. In the cases of Ireland and Denmark
a second referendum was held after a number of concessions were granted. However in the case of France
and the Netherlands
, the treaty was abandoned in favour of a treaty that would not prompt a referendum. In the case of Norway
, where the treaty was their accession treaty (hence, their membership), the treaty was also abandoned.
Treaties are also put before the European Parliament
and while its vote is not binding, it is important; both the Belgian
and Italian Parliaments
said they would veto the Nice Treaty if the European Parliament did not approve it.
-only states since mid-2011 (expected by mid-2013).
There are also expected treaties dealing with certain opt-outs promised during Lisbon negotiations (see section below) and also accession treaties to allow new members to join (next likely candidate to be Croatia
in 2013).
(ESM). The ESM would replace the European Financial Stability Facility
(EFSF) and European Financial Stabilisation Mechanism
(EFSM) and is in response to the European sovereign debt crisis. It is planned to be ratified and enter force by 2013, when the EFSF and EFSM expire. A treaty amendment was required to give it legal legitimacy (as it was feared Germany's constitutional court could strike it down) and non-Eurozone states were excluded as the UK refused to participate in any fiscal integration. Further amendments may follow once the final shape of the eurozone's economic governance is decided.
The simple two-line treaty amendment was agreed by the European Council on 16 December 2010. The amendment reads: "The member states whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality." It is designed only to give basis to the bail out fund and calm the markets. The text is being inserted into Article 136 of the Treaty on the Functioning of the European Union as paragraph 3. With the amendment allowing for the ESM's creation, the "Treaty Establishing the European Stability Mechanism" sets out the details of how the ESM would operate.
was finalised and made public. It is expected to be signed on 9 December 2011 in Brussels
and be in force in time for Croatia to accede on 1 July 2013. The treaty will need to be ratified by the current 27 member states and by Croatia; which is planning a referendum for February 2012. The treaty is 250 pages long and provides for amendments to the treaties to add Croatian representatives into EU institutions (including transitional provisions before new elections take place) and outlines Croatia's various financial contributions. The document does not include monitoring mechanism of Croatia by the European Commission to ensure continued reform, as was the case with Bulgaria and Romania. Ireland's guarantees and the Czech Republic's opt-outs will be signed alongside the accession treaty (see below).
or Iceland
no sooner than 2011. These protocols related to opt-outs
and guarantees to Ireland
and the Czech Republic
in order to get support from their public and president respectively. Following the rejection of the treaty by the Irish electorate in 2008, a number of guarantees (on security and defence, ethical issues and tax) were given to the Irish in return for a second attempt. On the second attempt in 2009 the treaty was approved. Rather than repeat the ratification procedure, the guarantees were merely declarations with a promise to append them to the next treaty.
Czech President
Václav Klaus
refused to complete ratification of the treaty unless the Czech Republic was given an opt-out from the Charter of Fundamental Rights
(as Poland
and the United Kingdom
had) due to his claim it could be used by Germans expelled from the Eastern bloc
after the Second World War. Thus the Irish solution was used again to satisfy his demand. These opt-outs will be signed and ratified along side Croatia's accession treaty (see section above), which should be signed by the end of 2011 and ratified by mid-2013.
.
Following on from the success of the Treaty of Paris, efforts were made to allow West Germany to rearm within the framework of a European military structure
in the form of a European Defence Community. The treaty was signed by the six members
on 27 May 1952 and the Common Assembly
began drafting a treaty for a European Political Community
to ensure democratic accountability of the new army, but this treaty was abandoned when the Defence Community treaty was rejected by the French National Assembly
on 30 August 1954.
1973 and 1995 Acts of Accession of Norway
Norway
has tried to join the European Communities/Union on two occasions, on both occasions a national referendum returned a negative result leading Norway to turn down membership. The first treaty was signed in Brussels
on 22 January 1972 and the second in Corfu
on 24 June 1994.
Treaty establishing a Constitution for Europe
(the European Constitution)
The European Constitution was a treaty that would have repealed and consolidated all previous overlapping treaties (except the Euratom treaty) into a single document. It also made changes to voting systems, simplified the structure of the EU and advanced co-operation in foreign policy. The treaty was signed in Rome on 29 October 2004 and was due to come into force on 1 November 2006 if it was ratified by all member states. However, this did not occur, with France rejecting the document in a national referendum on 29 May 2005 and then the Netherlands in their own referendum on 1 June 2005. Following a "period of reflection", the constitution in that form was scrapped and replaced by the Treaty of Lisbon
.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
between the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) member states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
which sets out the EU's constitutional basis
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
. They establish the various EU institutions
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory.
There are two core functional treaties that lay out how the EU operates and a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 60 years since they first began. The modern amended versions are known as the "consolidated treaties".
Content
The two principal treaties on which the EU is based are the Treaty on European Union (TEU; Maastricht TreatyMaastricht 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...
, effective since 1993) and the Treaty on the Functioning of the European Union (TFEU; Rome Treaty, effective since 1958). These main treaties (plus their attached protocols and declarations) have been altered by amending treaties at least once a decade since they each came into force, the latest being the Treaty of Lisbon
Treaty 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....
which came into force in 2009. Lisbon also made the Charter of Fundamental Rights
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
legally binding, though that is not a treaty per se. The troubled ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
of Lisbon has meant there is little climate for further reform in the next few years beyond accession treaties, which merely allow a new state to join
Enlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...
.
Treaty on European Union
Following the preamble the treaty text is divided into six parts.Title 1, Common Provisions
The first deals with common provisions. Article 1 establishes the European Union on the basis of the European Community and lays out the legal value of the treaties. The second article states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities." The member states share a "society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail".
Article 3 then states the aims of the EU in six points. The first is simply to promote peace, European values and its citizen's well-being. The second relates to free movement
Four Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
with external border controls are in place. Point 3 deals with the internal market
Internal market
An internal market operates inside an organization or set of organizations which have decoupled internal components. Each component trades its services and interfaces with the others. Often a set of government or government-funded set of organizations will operate an internal market...
. Point 4 establishes the euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
. Point 5 states the EU shall promote its values, contribute to eradicating poverty, observe human rights and respect the charter of the United Nations. The final sixth point states that the EU shall pursue these objectives by "appropriate means" according with its competences given in the treaties.
Article 4 relates to member states' sovereignty and obligations. Article 5 sets out the principles of conferral, subsidiarity
Subsidiarity
Subsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority. The Oxford English Dictionary defines subsidiarity as the idea that a central authority should have a subsidiary function, performing only those tasks which...
and proportionality with respect to the limits of its powers. Article 6 binds the EU to the Charter of Fundamental Rights of the European Union
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
and the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. Article 7 deals with the suspension of a member state and article 8 deals with establishing close relations with neighbouring states.
Title 2, Provisions on democratic principles
Article 9 establishes the equality of national citizens and citizenship of the European Union
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...
. Article 10 declares that the EU is founded in representative democracy
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
and that decisions must be taken as closely as possible to citizens. It makes reference to European political parties and how citizens are represented: directly in the Parliament and by their governments in the Council and European Council - accountable to national parliaments
National parliaments of the European Union
The national parliaments of the European Union are those legislatures responsible for each member state of the European Union . They have a certain degree of institutionalised influence which was expanded under the Treaty of Lisbon to include greater ability to scrutinise proposed EU...
. Article 11 establishes government transparency, declares that broad consultations must be made and introduces provision for a petition
European Citizens' Initiative
The European Citizens' Initiative is one of the major innovations of the Treaty of Lisbon, aimed at increasing direct democracy in the European Union...
where at least 1 million citizens may petition the Commission to legislate on a matter. Article 12 gives national parliaments limited involvement in the legislative process.
Title 3, Provisions on the institutions
Article 13 establishes the institutions
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
in the following order and under the following names: 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...
, 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...
, the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
, 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....
, the Court of Justice of the European Union
Court of Justice of the European Union
The Court of Justice of the European Union is the institution of the European Union which encompasses the whole judiciary. Seated in Luxembourg, it has three sub-courts; the European Court of Justice, the General Court and the Civil Service Tribunal.The institution was originally established in...
, the European Central Bank
European Central Bank
The European Central Bank is the institution of the European Union that administers the monetary policy of the 17 EU Eurozone member states. It is thus one of the world's most important central banks. The bank was established by the Treaty of Amsterdam in 1998, and is headquartered in Frankfurt,...
and the Court of Auditors. it obliges co-operation between these and limits their competencies to the powers within the treaties.
Article 14 deals with the workings of Parliament and its election, article 15 with the European Council and its president, article 16 with the Council and its configurations and article 17 with the Commission and its appointment. Article 18 establishes the High Representative of the Union for Foreign Affairs and Security Policy
High Representative of the Union for Foreign Affairs and Security Policy
The High Representative of the Union for Foreign Affairs and Security Policy is the main co-ordinator and representative of the Common Foreign and Security Policy within the European Union...
and article 19 establishes the Court of Justice.
Title 4, Provisions on enhanced cooperations
Enhanced co-operation
In the European Union , enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved...
Title 4 has only one article which allows a limited number of member states to co-operate within the EU if others are blocking integration in that field.
Title 5, General provisions on the Union's external action and specific provisions on the 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...
Chapter 1 of this title includes articles 21 and 22. Article 21 deals with the principles that outline EU foreign policy; including compliance with the UN charter, promoting global trade, humanitarian support and global governance. Article 22 gives the European Council, acting unanimously, control over defining the EU's foreign policy.
Chapter 2 is further divided into sections. The first, common provisions, details the guidelines and functioning of the EU's foreign policy, including establishment of the European External Action Service
European External Action Service
The European External Action Service is a European Union department that was established following the entry into force of the Treaty of Lisbon on 1 December 2009...
and member state's responsibilities. Section 2, articles 42 to 46, deal with military cooperation (including mutual defence).
Title 6, Final provisions
Article 47 establishes a legal personality
Legal personality
Legal personality is the characteristic of a non-human entity regarded by law to have the status of a person....
for the EU. Article 48 deals with the method of treaty amendment; specifically the ordinary and simplified revision procedures. Article 49 deals with applications to join the EU
Enlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...
and article 50 with withdrawal. Article 51 deals with the protocols attached to the treaties and article 52 with the geographic application of the treaty. Article 53 states the treaty is in force for an unlimited period, article 54 deals with ratification and 55 with the different language versions of the treaties.
Treaty on the functioning of the European Union
The Treaty on the functioning of the European Union goes into deeper detail on the role, policies and operation of the EU. It is split into seven parts;Part 1, Principles
In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that the EU shall respect the status of churches under national law.
Part 2, Non-discrimination and citizenship of the Union
The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the EU will "combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation". Articles 20 to 24 establishes EU citizenship
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...
and accords rights to it; to free movement, consular protection from other states, vote and stand in local and
Local election
Local elections vary widely across jurisdictions. In electoral systems that roughly follow the Westminster model, a terminology has evolved with roles such as Mayor or Warden to describe the executive of a city, town or region, although the actual means of elections vary...
European elections
Elections in the European Union
Elections to the Parliament of the European Union take place every five years by universal adult suffrage. 736 MEPs are elected to the European Parliament which has been directly elected since 1979. No other body is directly elected although the Council of the European Union and European Council is...
, right to petition Parliament and the European Ombudsman
European Ombudsman
The European Ombudsman is an ombudsman for the European Union, based in the Salvador de Madariaga Building in Strasbourg.-History:...
and to contact and receive a reply from EU institutions in their own language. Article 25 requires the Commission to report on the implementation of these rights every three years.
Part 3, Union policies and internal actions
Part 3 on policies and actions is divided by area into the following titles: the internal market
Economy of the European Union
The economy of the European Union generates a GDP of over €12,279.033 billion according to the International Monetary Fund , making it the largest economy in the world...
; the free movement of goods, including the customs union
European Union Customs Union
The European Union Customs Union is a customs union which consists of all the Member States of the European Union and a number of surrounding countries....
; agriculture
Common Agricultural Policy
The Common Agricultural Policy is a system of European Union agricultural subsidies and programmes. It represents 48% of the EU's budget, €49.8 billion in 2006 ....
and fisheries
Common Fisheries Policy
The Common Fisheries Policy is the fisheries policy of the European Union . It sets quotas for which member states are allowed to catch what amounts of each type of fish, as well as encouraging the fishing industry by various market interventions...
; free movement of people, services and capital
Four Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
; the area of freedom, justice and security, including police and justice co-operation; transport policy; competition
European Union competition law
European Union competition law arose out of the desire to ensure that the efforts of government could not be distorted by corporations abusing their market power. Hence under the treaties are provisions to ensure that free competition prevails, rather than cartels and monopolies sharing out markets...
, taxation and harmonisation of regulations (note Article 101 and Article 102); economic and monetary policy
European Central Bank
The European Central Bank is the institution of the European Union that administers the monetary policy of the 17 EU Eurozone member states. It is thus one of the world's most important central banks. The bank was established by the Treaty of Amsterdam in 1998, and is headquartered in Frankfurt,...
, including articles on the euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
; employment policy; the European Social Fund
European Social Fund
The European Social Fund is the European Union’s main financial instrument for supporting employment in the Member States as well as promoting economic and social cohesion. ESF spending amounts to around 10% of the EU’s total budget....
; education, vocational training, youth and sport policies; cultural policy; public health; consumer protection; Trans-European Networks
Trans-European Networks
The Trans-European Networks were created by the European Union by Articles 154-156 of the Treaty of Rome , with the stated goals of the creation of an internal market and the reinforcement of economic and social cohesion...
; industrial policy; economic, social and territorial cohesion (reducing disparities in development); research and development and space policy
European Space Policy
A formal European Space Policy was established on 22 May 2007 when a joint and concomitant meeting at ministerial level of the Council of the European Union and the Council of the European Space Agency adopted a Resolution on the European Space Policy...
; environmental policy; energy policy
Energy policy of the European Union
Although the European Union has legislated in the area of energy policy for many years, and evolved out of the European Coal and Steel Community, the concept of introducing a mandatory and comprehensive European energy policy was only approved at the meeting of the European Council on 27 October...
; tourism; civil protection; and administrative co-operation.
Part 4, Association of the overseas countries and territories
Part 4 deals with association of overseas territories. Article 198 sets the objective of association as promoting the economic and social development of those associated territories as listed in annex 2. The following articles elaborate on the form of association such as customs duties.
Part 5, External action by the Union
Part 5 deals with EU foreign 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...
. Article 205 states that external actions must be in accordance with the principles laid out in Chapter 1 Title 5 of the Treaty on European Union. Article 206 and 207 establish the common commercial (external trade) policy of the EU. Articles 208 to 214 deal with cooperation on development and humanitarian aid for third countries. Article 215 deals with sanctions
International sanctions
International sanctions are actions taken by countries against others for political reasons, either unilaterally or multilaterally.There are several types of sanctions....
while articles 216 to 219 deal with procedures for establishing international treaties with third countries. Article 220 instructs the High Representative and Commission to engage in appropriate cooperation with other international organisations and article 221 establishes the EU delegations. Article 222, the Solidarity clause states that members shall come to the aid of a fellow member who is subject to a terrorist attack, natural disaster or man-made disaster. This includes the use of military force.
Part 6, Institutional and financial provisions
Part 6 elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of legislative acts and procedures of the EU. Articles 300 to 309 establish the European Economic and Social Committee, the Committee of the Regions
Committee of the Regions
The Committee of the Regions is European Union's assembly of local and regional representatives that provides sub-national authorities with a direct voice within the EU's institutional framework....
and the European Investment Bank
European Investment Bank
The European Investment Bank is the European Union's long-term lending institution established in 1958 under the Treaty of Rome. A policy-driven bank, the EIB supports the EU’s priority objectives, especially European integration and the development of economically weak regions...
. Articles 310 to 325 outline the EU budget. Finally, articles 326 to 334 establishes provision for enhanced co-operation
Enhanced co-operation
In the European Union , enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved...
.
Part 7, General and final provisions
Part 7 deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this is enacted by a protocol attached to the treaties), immunities and the affect on treaties signed before 1958 or the date of accession.
Protocols, annexes and declarations
There are 37 protocols, 2 annexes and 65 declarations that are attached to the treaties to elaborate details, often in connection with a single country, without being in the full legal text.Protocols;
- 1: on the role of National Parliaments in the European UnionNational parliaments of the European UnionThe national parliaments of the European Union are those legislatures responsible for each member state of the European Union . They have a certain degree of institutionalised influence which was expanded under the Treaty of Lisbon to include greater ability to scrutinise proposed EU...
- 2: on the application of the principles of subsidiaritySubsidiaritySubsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority. The Oxford English Dictionary defines subsidiarity as the idea that a central authority should have a subsidiary function, performing only those tasks which...
and proportionality - 3: on the statute of the Court of Justice of the European UnionCourt of Justice of the European UnionThe Court of Justice of the European Union is the institution of the European Union which encompasses the whole judiciary. Seated in Luxembourg, it has three sub-courts; the European Court of Justice, the General Court and the Civil Service Tribunal.The institution was originally established in...
- 4: on the statute of the European System of Central BanksEuropean System of Central BanksThe European System of Central Banks is composed of the European Central Bank and the national central banks of all 27 European Union Member States.-Functions:...
and of the European Central BankEuropean Central BankThe European Central Bank is the institution of the European Union that administers the monetary policy of the 17 EU Eurozone member states. It is thus one of the world's most important central banks. The bank was established by the Treaty of Amsterdam in 1998, and is headquartered in Frankfurt,... - 5: on the statute of the European Investment BankEuropean Investment BankThe European Investment Bank is the European Union's long-term lending institution established in 1958 under the Treaty of Rome. A policy-driven bank, the EIB supports the EU’s priority objectives, especially European integration and the development of economically weak regions...
- 6: on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European UnionLocation of European Union institutionsThe governing institutions of the European Union are not concentrated in a single capital city; they are instead spread across three cities with other EU agencies and bodies based further away...
- 7: on the privileges and immunities of the European Union
- 8: relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental FreedomsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
- 9: on the decision of the Council relating to the implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other
- 10: on permanent structured cooperation established by Article 42 of the Treaty on European Union
- 11: on Article 42 of the Treaty on European Union
- 12: on the excessive deficit procedure
- 13: on the convergence criteria
- 14: on the Euro GroupEuro GroupThe Euro Group or Eurogroup is a meeting of the finance ministers of the eurozone . It is the political control over the euro currency and related aspects of the EU's monetary union such as the Stability and Growth Pact...
- 15: on certain provisionsOpt-outs in the European UnionIn general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
relating to the United Kingdom of Great Britain and Northern Ireland - 16: on certain provisions relating to Denmark
- 17: on Denmark
- 18: on France
- 19: on the Schengen acquisSchengen AgreementThe Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
integrated into the framework of the European Union - 20: on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland
- 21: on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice
- 22: on the position of Denmark
- 23: on external relations of the Member States with regard to the crossing of external borders
- 24: on asylum for nationals of Member States of the European Union
- 25: on the exercise of shared competence
- 26: on services of general interest
- 27: on the internal market and competition
- 28: on economic, social and territorial cohesion
- 29: on the system of public broadcastingPublic broadcastingPublic broadcasting includes radio, television and other electronic media outlets whose primary mission is public service. Public broadcasters receive funding from diverse sources including license fees, individual contributions, public financing and commercial financing.Public broadcasting may be...
in the Member States - 30: on the application of the Charter of Fundamental Rights of the European UnionCharter of Fundamental Rights of the European UnionThe Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
to Poland and to the United Kingdom - 31: concerning imports into the European Union of petroleum products refined in the Netherlands Antilles
- 32: on the acquisition of property in Denmark
- 33: concerning Article 157 of the Treaty on the Functioning of the European Union
- 34: on special arrangements for Greenland
- 35: on Article 40.3.3 of the Constitution of Ireland
- 36: on transitional provisions
- 37: on the financial consequences of the expiry of the ECSCEuropean Coal and Steel CommunityThe 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 and on the Research fund for Coal and Steel
Annexes
- Annex I lists agricultural and marine produce covered by the Common Agricultural PolicyCommon Agricultural PolicyThe Common Agricultural Policy is a system of European Union agricultural subsidies and programmes. It represents 48% of the EU's budget, €49.8 billion in 2006 ....
and the Common Fisheries PolicyCommon Fisheries PolicyThe Common Fisheries Policy is the fisheries policy of the European Union . It sets quotas for which member states are allowed to catch what amounts of each type of fish, as well as encouraging the fishing industry by various market interventions...
. - Annex II lists the overseas countries and territories associated with the EU.
Declarations
There are 65 declarations attached to the EU treaties. As examples, these include the following. Declaration 1 affirms that the charter, gaining legal force, reaffirms rights under the European Convention and does not allow the EU to act beyond its conferred competencies. Declaration 4 allocates an extra MEP to Italy. Declaration 7 outlines Council voting procedures to become active after 2014. Declaration 17 asserts the primacy of EU law. Declaration 27 reasserts that holding a legal personality does not entitle the EU to act beyond its competencies. Declaration 43 allows Mayotte
Mayotte
Mayotte is an overseas department and region of France consisting of a main island, Grande-Terre , a smaller island, Petite-Terre , and several islets around these two. The archipelago is located in the northern Mozambique Channel in the Indian Ocean, namely between northwestern Madagascar and...
to change to the status of "outermost region".
Euratom
As well as the two main treaties, their protocols and the Charter of Fundamental Rights; the Treaty Establishing a European Atomic Energy CommunityEuropean Atomic Energy Community
The European Atomic Energy Community is an international organisation which is legally distinct from the European Union , but has the same membership, and is governed by the EU's institutions....
(Euratom) is still in force as a separate treaty.
Title one outlines the tasks of Euratom. Title two contains the core of the treaty on how cooperation in the field is to take place. Title three outlines institutional provisions and has largely been subsumed by the European Union treaties. Title four is on financial provisions and title five on the general and title six is on final provisions.
Amendment and ratification
The treaties can be changed in three different ways. The ordinary revision procedure is essentially the traditional method by which the treaties have been amended and involves holding a full inter-governmental conference. The simplified revision procedure was established by 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....
and only allows for changes which do not increase the power of the EU. While using the passerelle clause does involve amending the treaties, as such, it does allow for a change of legislative procedure in certain circumstances.
The ordinary revision procedure for amending treaties requires proposals from an institution to be lodged with the European Council. The President of the European Council
President of the European Council
The President of the European Council is a principal representative of the European Union on the world stage, and the person presiding over and driving forward the work of the European Council...
can then either call a European Convention
European Convention
The Convention on the Future of Europe , was a body established by the European Council in December 2001 as a result of the Laeken Declaration...
(composed of national governments, national parliamentarians, MEPs
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...
and representatives from the 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....
) to draft the changes or draft the proposals in the European Council itself if the change is minor. They then proceed with an Intergovernmental Conference
Intergovernmental Conference
An Intergovernmental Conference is the formal procedure for negotiating amendments to the founding treaties of the European Union. Under the treaties, an IGC is called into being by the European Council, and is composed of representatives of the member states, with the Commission, and to a lesser...
(IGC) which agrees the treaty which is then signed by all the national leaders and ratified by each state.
While this is the procedure that has been use for all treaties prior to the Lisbon Treaty, an actual European Convention (essentially, a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
) has only been called twice. First in the drafting of the Charter of Fundamental Rights with the European Convention of 1999–2000. Second with the Convention on the Future of Europe which drafted the Constitutional Treaty (which then formed the basis of the Lisbon Treaty). Previously, treaties had been drafted by civil servants.
The simplified revision procedure, which applies only to part three of the Treaty on the Functioning of the European Union and cannot increase the powers of the EU, sees changes simply agreed in the European Council by a decision before being ratified by each state. The amendments to protocol 36 and article 136 (both being ratified as of August 2011) both make use of the simplified revision procedure due to the small scope of their changes.
The treaties also contain a passerelle clause which allows 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...
to unanimously agree to change the applicable voting procedure for an area of legislation from a special legislative procedure to the ordinary legislative procedure, provided that no national parliament objects. This procedure cannot be used for area which have defence implication.
Any reform to the legal basis of the EU must be ratified according to the procedures in each member state. All states are required to ratify it and lodge the instruments of ratification with the Government of Italy
Politics of Italy
The politics of Italy is conducted through a parliamentary, democratic republic with a multi-party system. Executive power is exercised collectively by the Council of Ministers, which is led by the President of the Council of Ministers, referred to as "Presidente del Consiglio" in Italian...
before the treaty can come into force in any respect. In some states, such as Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
this is usually a referendum as any change to that state's constitution requires one. In others, such as Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, referendums are constitutionally banned and the ratification must take place in its national parliament
National parliaments of the European Union
The national parliaments of the European Union are those legislatures responsible for each member state of the European Union . They have a certain degree of institutionalised influence which was expanded under the Treaty of Lisbon to include greater ability to scrutinise proposed EU...
.
On some occasions, a state has failed to get a treaty passed by its public in a referendum. In the cases of Ireland and Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
a second referendum was held after a number of concessions were granted. However in the case of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, the treaty was abandoned in favour of a treaty that would not prompt a referendum. In the case of Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, where the treaty was their accession treaty (hence, their membership), the treaty was also abandoned.
Treaties are also put before 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...
and while its vote is not binding, it is important; both the Belgian
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
and Italian Parliaments
Parliament of Italy
The Parliament of Italy is the national parliament of Italy. It is a bicameral legislature with 945 elected members . The Chamber of Deputies, with 630 members is the lower house. The Senate of the Republic is the upper house and has 315 members .Since 2005, a party list electoral law is being...
said they would veto the Nice Treaty if the European Parliament did not approve it.
Ratified treaties
Legend for below table: [Founding] - [Amending] - [Membership]| Treaty | Established/Amended | Signed in | Signed on | Effective from | Ceased |
|---|---|---|---|---|---|
| ECSC Treaty Treaty of Paris (1951) The Treaty of Paris was signed on 18 April 1951 between France, West Germany, Italy and the three Benelux countries , establishing the European Coal and Steel Community , which subsequently became part of the European Union... source text |
European Coal and Steel Community European 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... |
Paris Paris Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region... , FR France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
|||
| 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... source text |
European Atomic Energy Community European Atomic Energy Community The European Atomic Energy Community is an international organisation which is legally distinct from the European Union , but has the same membership, and is governed by the EU's institutions.... |
Rome Rome Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half... , IT Italy Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and... |
in force | ||
| EEC Treaty Treaty of Rome The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany... (Treaty of Rome) source text |
European Economic Community European Economic Community The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent... |
Rome, IT | in force | ||
| Netherlands Antilles Association Convention Convention on the association of the Netherlands Antilles with the European Economic Community The Convention on the association of the Netherlands Antilles with the European Economic Community is an international agreement amending the Treaty establishing the European Economic Community, with the aim of awarding OCT status to the Netherlands Antilles, which was a constituent country of the... source text |
Applied OCT status to the Netherlands Antilles Netherlands Antilles The Netherlands Antilles , also referred to informally as the Dutch Antilles, was an autonomous Caribbean country within the Kingdom of the Netherlands, consisting of two groups of islands in the Lesser Antilles: Aruba, Bonaire and Curaçao , in Leeward Antilles just off the Venezuelan coast; and Sint... |
Brussels Brussels Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union... , BE Belgium Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many... |
in force | ||
| Merger Treaty Merger Treaty The Merger Treaty was a European treaty which combined the executive bodies of the European Coal and Steel Community , European Atomic Energy Community and the European Economic Community into a single institutional structure.The treaty was signed in Brussels on 8 April 1965 and came into force... |
Brussels, BE | ||||
| First Budgetary Treaty Budgetary treaties of the European Communities The Budgetary treaties of the European Communities were two treaties in the 1970s amending the Treaty of Rome in respects to powers over the Community budget.... |
Luxembourg Luxembourg (city) The city of Luxembourg , also known as Luxembourg City , is a commune with city status, and the capital of the Grand Duchy of Luxembourg. It is located at the confluence of the Alzette and Pétrusse Rivers in southern Luxembourg... , LU Luxembourg Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south... |
in force | |||
| Acts of Accession | Brussels, BE | in force | |||
| Second Budgetary Treaty Budgetary treaties of the European Communities The Budgetary treaties of the European Communities were two treaties in the 1970s amending the Treaty of Rome in respects to powers over the Community budget.... |
Brussels, BE | in force | |||
| Act of Accession | Enlarged to Greece Greece Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe.... |
Athens Athens Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state... , GR Greece Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe.... |
in force | ||
| Greenland Treaty | Secession of Greenland Greenland Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for... |
Brussels, BE | in force | ||
| Acts of Accession | Enlarged to Spain Spain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... and Portugal Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
Madrid Madrid Madrid is the capital and largest city of Spain. The population of the city is roughly 3.3 million and the entire population of the Madrid metropolitan area is calculated to be 6.271 million. It is the third largest city in the European Union, after London and Berlin, and its metropolitan... , ES Spain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... Lisbon Lisbon Lisbon is the capital city and largest city of Portugal with a population of 545,245 within its administrative limits on a land area of . The urban area of Lisbon extends beyond the administrative city limits with a population of 3 million on an area of , making it the 9th most populous urban... , PT Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
in force | ||
| Schengen Agreement Schengen Agreement The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later... |
Established open borders | Schengen, LU | in force | ||
| Single European Act Single European Act The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy... source text |
Luxembourg, LU The Hague The Hague The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam... , NL Netherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... |
|
in force | ||
| Treaty of Maastricht 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... source text (Treaty on European Union) |
European Union European Union The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958... |
Maastricht Maastricht Maastricht is situated on both sides of the Meuse river in the south-eastern part of the Netherlands, on the Belgian border and near the German border... , NL |
in force | ||
| Acts of Accession | Corfu Corfu Corfu is a Greek island in the Ionian Sea. It is the second largest of the Ionian Islands, and, including its small satellite islands, forms the edge of the northwestern frontier of Greece. The island is part of the Corfu regional unit, and is administered as a single municipality. The... , GR |
in force | |||
| Treaty of Amsterdam source text | 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... , NL |
in force | |||
| Treaty of Nice Treaty of Nice The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome... source text |
Nice Nice Nice is the fifth most populous city in France, after Paris, Marseille, Lyon and Toulouse, with a population of 348,721 within its administrative limits on a land area of . The urban area of Nice extends beyond the administrative city limits with a population of more than 955,000 on an area of... , FR |
in force | |||
| Treaty of Accession 2003 Treaty of Accession 2003 The Treaty of Accession 2003 was the agreement between the European Union and ten countries , concerning these countries' accession into the EU... |
Athens, GR | in force | |||
| Treaty of Accession 2005 Treaty of Accession 2005 The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treaties of the European Union... |
Enlarged to Bulgaria Bulgaria Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east... and Romania Romania Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea... |
Luxembourg, LU | in force | ||
| Treaty of Lisbon Treaty 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.... source text |
Lisbon Lisbon Lisbon is the capital city and largest city of Portugal with a population of 545,245 within its administrative limits on a land area of . The urban area of Lisbon extends beyond the administrative city limits with a population of 3 million on an area of , making it the 9th most populous urban... , PT Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
in force |
Future treaties
Despite a reluctance to pursue new treaties following the painful ratification of the Lisbon Treaty, there are a number of new amendments being processed or considered. Firstly, a technical amendment to protocol 36 has been undergoing ratification since the start of 2011. Secondly, an amendment to TFEU Article 136 allowing the creation of a bail-out mechanism undergoing ratification since late 2010 (expected by 2013). Thirdly, a new treaty creating the aforementioned bailout mechanism which has been in ratification of eurozoneEurozone
The eurozone , officially called the euro area, is an economic and monetary union of seventeen European Union member states that have adopted the euro as their common currency and sole legal tender...
-only states since mid-2011 (expected by mid-2013).
There are also expected treaties dealing with certain opt-outs promised during Lisbon negotiations (see section below) and also accession treaties to allow new members to join (next likely candidate to be Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
in 2013).
| Treaties undergoing signing/ratification | |||||
|---|---|---|---|---|---|
| Treaty | Establishing/Amending | Signed in | Signed on | Ratification | Expected |
| Protocol amending the Protocol on Transitional Provisions | Amending Protocol 36 | Brussels, BE | |||
| European Council Decision amending Article 136 of the TFEU | Amending Article 136 | Brussels, BE | Jan. 2013 | ||
| Treaty establishing the European Stability Mechanism (ESM) | European Stability Mechanism European Stability Mechanism The European Stability Mechanism is a permanent rescue funding programme to succeed the temporary European Financial Stability Facility and European Financial Stabilisation Mechanism... |
Brussels, BE | Jul. 2013 | ||
| Treaty concerning the Accession of the Republic of Croatia | Enlarging to Croatia Croatia Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ... |
Jul. 2013 | |||
Transitional provisions protocol
Due to the delay in the ratification of the Lisbon Treaty, the 2009 elections were held under the rules of the Nice Treaty, just before the EU began to operate under Lisbon rules. This involved the Parliament electing fewer members than it was allocated under Lisbon. In order to address the appointment of extra members to Parliament to serve until 2014, a protocol was drawn up on 23 June 2010 and is, as of January 2011, being ratified by member states (the protocol, like a full treaty, needs ratification by all members as it is a treaty amendment). The protocol brings the total number of seats allocated to each country up to those stated in Lisbon and allows for them to be appointed. However, Germany (which would have lost 3 seats under the Lisbon treaty) will keep its extra members until the next election.Eurozone reform
A treaty and treaty amendment are, as of 2011, undergoing ratification in order to establish the European Stability MechanismEuropean Stability Mechanism
The European Stability Mechanism is a permanent rescue funding programme to succeed the temporary European Financial Stability Facility and European Financial Stabilisation Mechanism...
(ESM). The ESM would replace the European Financial Stability Facility
European Financial Stability Facility
The European Financial Stability Facility is a special purpose vehicle financed by members of the eurozone to combat the European sovereign debt crisis. It was agreed by the 27 member states of the European Union on 9 May 2010, aiming at preserving financial stability in Europe by providing...
(EFSF) and European Financial Stabilisation Mechanism
European Financial Stabilisation Mechanism
The European Financial Stabilisation Mechanism is an emergency funding programme reliant upon funds raised on the financial markets and guaranteed by the European Commission using the budget of the European Union as collateral...
(EFSM) and is in response to the European sovereign debt crisis. It is planned to be ratified and enter force by 2013, when the EFSF and EFSM expire. A treaty amendment was required to give it legal legitimacy (as it was feared Germany's constitutional court could strike it down) and non-Eurozone states were excluded as the UK refused to participate in any fiscal integration. Further amendments may follow once the final shape of the eurozone's economic governance is decided.
The simple two-line treaty amendment was agreed by the European Council on 16 December 2010. The amendment reads: "The member states whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality." It is designed only to give basis to the bail out fund and calm the markets. The text is being inserted into Article 136 of the Treaty on the Functioning of the European Union as paragraph 3. With the amendment allowing for the ESM's creation, the "Treaty Establishing the European Stability Mechanism" sets out the details of how the ESM would operate.
Croatia
On 14 September 2011 the Treaty concerning the Accession of the Republic of CroatiaCroatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
was finalised and made public. It is expected to be signed on 9 December 2011 in Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
and be in force in time for Croatia to accede on 1 July 2013. The treaty will need to be ratified by the current 27 member states and by Croatia; which is planning a referendum for February 2012. The treaty is 250 pages long and provides for amendments to the treaties to add Croatian representatives into EU institutions (including transitional provisions before new elections take place) and outlines Croatia's various financial contributions. The document does not include monitoring mechanism of Croatia by the European Commission to ensure continued reform, as was the case with Bulgaria and Romania. Ireland's guarantees and the Czech Republic's opt-outs will be signed alongside the accession treaty (see below).
Opt-outs
As a result of the various compromises during the ratification of the Treaty of Lisbon, there are a number of protocols which leaders have stated will be added to the next treaty, probably the accession treaty of CroatiaCroatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
or Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
no sooner than 2011. These protocols related to opt-outs
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
and guarantees to Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
in order to get support from their public and president respectively. Following the rejection of the treaty by the Irish electorate in 2008, a number of guarantees (on security and defence, ethical issues and tax) were given to the Irish in return for a second attempt. On the second attempt in 2009 the treaty was approved. Rather than repeat the ratification procedure, the guarantees were merely declarations with a promise to append them to the next treaty.
Czech President
President of the Czech Republic
The President of the Czech Republic is the head of state of the Czech Republic. Unlike his counterparts in Austria and Hungary, who are generally considered figureheads, the Czech President has a considerable role in political affairs...
Václav Klaus
Václav Klaus
Václav Klaus is the second President of the Czech Republic and a former Prime Minister .An economist, he is co-founder of the Civic Democratic Party, the Czech Republic's largest center-right political party. Klaus is a eurosceptic, but he reluctantly endorsed the Lisbon treaty as president of...
refused to complete ratification of the treaty unless the Czech Republic was given an opt-out from the Charter of Fundamental Rights
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
(as Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
had) due to his claim it could be used by Germans expelled from the Eastern bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
after the Second World War. Thus the Irish solution was used again to satisfy his demand. These opt-outs will be signed and ratified along side Croatia's accession treaty (see section above), which should be signed by the end of 2011 and ratified by mid-2013.
Abandoned treaties
Treaty instituting a European Defence CommunityEuropean Defence Community
The European Defense Community was a plan proposed in 1950 by René Pleven, the French President of the Council , in response to the American call for the rearmament of West Germany...
.
Following on from the success of the Treaty of Paris, efforts were made to allow West Germany to rearm within the framework of a European military structure
Military of the European Union
The military of the European Union today comprises the several national armed forces of the Union's 27 member states, as the policy area of defence has remained primarily the domain of nation states...
in the form of a European Defence Community. The treaty was signed by the six members
Inner Six
The Inner Six, or simply The Six, are the six founding member states of the European Communities. This was in contrast to the outer seven who formed the European Free Trade Association rather than be involved in supranational European integration .-History:The inner six are those who responded to...
on 27 May 1952 and the Common Assembly
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...
began drafting a treaty for a European Political Community
European Political Community
The European Political Community was proposed in 1952 as a combination of the existing European Coal and Steel Community and the proposed European Defence Community...
to ensure democratic accountability of the new army, but this treaty was abandoned when the Defence Community treaty was rejected by the French National Assembly
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....
on 30 August 1954.
1973 and 1995 Acts of Accession of Norway
Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
has tried to join the European Communities/Union on two occasions, on both occasions a national referendum returned a negative result leading Norway to turn down membership. The first treaty was signed in Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
on 22 January 1972 and the second in Corfu
Corfu
Corfu is a Greek island in the Ionian Sea. It is the second largest of the Ionian Islands, and, including its small satellite islands, forms the edge of the northwestern frontier of Greece. The island is part of the Corfu regional unit, and is administered as a single municipality. The...
on 24 June 1994.
Treaty establishing a Constitution for Europe
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
(the European Constitution)
The European Constitution was a treaty that would have repealed and consolidated all previous overlapping treaties (except the Euratom treaty) into a single document. It also made changes to voting systems, simplified the structure of the EU and advanced co-operation in foreign policy. The treaty was signed in Rome on 29 October 2004 and was due to come into force on 1 November 2006 if it was ratified by all member states. However, this did not occur, with France rejecting the document in a national referendum on 29 May 2005 and then the Netherlands in their own referendum on 1 June 2005. Following a "period of reflection", the constitution in that form was scrapped and replaced by the Treaty of Lisbon
Treaty 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
- Constitution of the European Union
- Summary of EU treaties - EuropaEuropa (web portal)Europa is the official web portal of the European Union . It is intended to improve the public’s interaction with EU institutions by quickly directing website visitors to the services or information they are seeking. Europa links to all EU agencies and institutions in addition to press releases...
- Full text of EU treaties - EUR-LexEUR-LexEUR-Lex is a service providing legal texts of the European Union on its official website europa.eu. Replacing the earlier service CELEX, EUR-Lex provides direct free access to European Union law. The system makes it possible to consult the Official Journal of the European Union and it includes...
(Europa)