After the eastern enlargement of the European Union in May 2004 it became clear that the Union can not continue to function under the existing treaties and had to be reformed. The Treaty of Nice that came to force in February 2003 was supposed to reorganize the institutional structure of the EU but the reform was not sufficient. When the Treaty establishing a Constitution for Europe (TeCE) was signed in October 2004 it was not very well accepted by some of the Member States and became a subject of criticism mainly for its constitutional character. Objections were raised that this Treaty would transform the EU into some kind of a “superstate”, which originated a discussion among the political discourse about the sovereignty of the Member States; the Treaty was then rejected in Netherlands and France. At the end of December 2007, after many months of comprehensive bargaining and discussions the Lisbon Treaty (the Treaty on the Functioning of the European Union), was signed in Portugal during the German presidency. This document is basically modified version of TeCE where the criticized points were either removed or adjusted to its objections. The Treaty came into force in 1 December 2009 following the ratification process in all the 27 Member States. This paper aims to provide a clear account on the changes that comes along with the Lisbon Treaty being in force. Even though the modifications do not have so far-reaching consequences as was previously planned within its unsuccessful predecessor, the European Constitution, the impacts are still substantive and deserve our attention and comprehensible demonstration. Hence the first part of the paper is dedicated to the account of the modifications brought in by the ratification of the Lisbon Treaty, mainly on how are these changes going to modify the institutional settings and some policies. A short report is given on the process of ratification of the Treaty in the EU Member States to summarize the historical implications accompanying the long journey of the Treaty before entering into force finally in December 2009, two years after its signature. The last part of the paper is devoted to the ratification process in the Czech Republic. The position of the Czech President and the extensive process of ratification in this small country in the heard of Europe filled the headlines of worldwide media over the last few months therefore the analysis of this particular ratification is in my opinion valuable.
Table of Contents
1 INTRODUCTION
2 WHAT DOES THE LISBON TREATY CHANGE?
2.1 THE EUROPEAN COUNCIL
2.2 THE EUROPEAN PARLIAMENT
2.3 THE COUNCIL OF THE EUROPEAN UNION
2.4 THE EUROPEAN COMMISSION
3 THE RATIFICATION PROCESS
4 THE RATIFICATION PROCESS IN THE CZECH REPUBLIC
4.1 THE ROLE OF THE CONSTITUTIONAL COURT
4.2 THE “KLAUS’ OPT-OUT”
5 CONCLUSION
Objectives and Topics
This paper aims to provide a clear analysis of the institutional and policy changes introduced by the Lisbon Treaty, while specifically examining the complex and highly debated ratification process within the Czech Republic, which was the final Member State to complete the procedure.
- Institutional reforms and the decision-making processes of the EU.
- The shifting influence of the European Parliament and European Council.
- The historical and political challenges of the EU-wide ratification process.
- Detailed analysis of the Czech Republic's constitutional and political obstacles.
- The implications of the specific "Klaus’ opt-out" from the Charter of Fundamental Rights.
Excerpt from the Book
4.2 The “Klaus’ opt-out”
Meanwhile the Czech Constitutional Court was holding the review of the accordance of the Lisbon Treaty with the Czech constitutional order the Czech President Václav Klaus voiced another demand on the LT. On 8 October 2009 during his telephone call with the Swedish Prime Minister and then President of the Council Frederick Reinfeldt V. Klaus demanded to append a footnote to the Lisbon Treaty relating the EU Charter of Fundamental Rights (thereinafter the Charter) as a precondition to sign the LT. It was actually the first time the Czech President mentioned the possibility to sign the treaty from his side; if the opt out is adopted by the Council and naturally if the Czech Constitutional Court gives the green light to the LT. The concrete form of the footnote was not given by the President and was to be a subject of a further discussion.
President Václav Klaus was requesting a permanent opt-out from the Charter mainly because he was afraid of that the Charter could breach i.a. the so called “Beneš decrees”16, which could cause estate demands from then citizens of Czechoslovakia that were displaced after the World War Two. President Klaus demanded the same guarantees for the Czech Republic as was done for Poland which joined the so called British protocol. This protocol ensures that the Charter cannot generate legal basics for new law that would be binding in Poland and United Kingdom.
Summary of Chapters
1 INTRODUCTION: This chapter outlines the context of European Union enlargement and the transition from the unsuccessful European Constitution to the Lisbon Treaty, setting the stage for the analysis of institutional changes and the Czech ratification process.
2 WHAT DOES THE LISBON TREATY CHANGE?: The author details the specific modifications to key EU institutions, including the European Council, the European Parliament, the Council of the EU, and the European Commission, emphasizing reforms in decision-making and power dynamics.
3 THE RATIFICATION PROCESS: This section provides an overview of the EU-wide ratification progress, noting the procedural differences across Member States and highlighting the significant impact of the Irish referendum.
4 THE RATIFICATION PROCESS IN THE CZECH REPUBLIC: A focused examination of the political delays and legal reviews in the Czech Republic, analyzing the role of the Constitutional Court and the final demands made by President Klaus.
5 CONCLUSION: The final chapter synthesizes the impact of the Lisbon Treaty, asserting that while the reform makes the EU more efficient and democratic, the process revealed deep internal divisions regarding sovereignty and national interests.
Keywords
Lisbon Treaty, European Union, Ratification, Czech Republic, Václav Klaus, European Governance, Institutional Reform, Charter of Fundamental Rights, Opt-out, European Parliament, Constitutional Court, Supranationalism, Sovereignty, Decision-making, Beneš decrees
Frequently Asked Questions
What is the primary focus of this research paper?
The paper focuses on the institutional changes introduced by the Lisbon Treaty and provides a detailed case study on the prolonged and complex ratification process in the Czech Republic.
Which EU institutions undergo significant changes according to the text?
The text identifies the European Council, the European Parliament, the Council of the EU, and the European Commission as the fundamental institutions affected by the treaty's reforms.
What is the main research objective regarding the Lisbon Treaty?
The objective is to provide a clear account of the modifications brought by the treaty and to demonstrate how these changes impact institutional settings and EU policies.
How is the ratification process in the EU analyzed?
The paper summarizes the historical implications of the ratification journey across all 27 Member States, utilizing data on procedures and timelines to illustrate the collective effort required.
What methodology is employed in this study?
The research uses a descriptive and analytical approach, combining institutional analysis of EU frameworks with a political science examination of the specific ratification dynamics in the Czech Republic.
Which keywords best characterize the core themes?
Key themes include the Lisbon Treaty, European governance, political sovereignty, the role of national leaders, and the democratic deficit within the European Union.
Why was the Czech Republic's ratification process considered unique?
It was unique due to the significant delay caused by the Czech President and the specific legal challenges raised by the Senate, making it the last Member State to finalize the process.
What was the purpose of the "Klaus' opt-out"?
President Klaus requested the opt-out from the Charter of Fundamental Rights to prevent potential legal challenges regarding the "Beneš decrees" and historical property claims in the Czech Republic.
How did the Constitutional Court affect the treaty's implementation?
The Constitutional Court conducted judicial reviews that ultimately confirmed the treaty's compatibility with the Czech constitution, thereby removing the formal obstacles to ratification.
What does the author conclude about the EU after Lisbon?
The author concludes that the EU has become more efficient, democratic, and stronger, although the ratification process highlighted ongoing debates concerning the balance between national interests and European integration.
- Quote paper
- Anonym (Author), 2010, The EU after Lisbon, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/154588
