EU, being the largest political center, has in its composition today 27 states. However, in 2004, when it consisted of only 25 states, it became unmanageable and began to lose its democratic character. Therefore, at that time, the issue of adopting a Constitution for the European Union became acute. Several years of its development made it possible to obtain a very democratic Law, which subsequently had to be signed by all participating countries. But only 18 states have signed it. Therefore, most of the norms of the law had to be either deleted or amended.

The new reform document was called the "Lisbon Treaty", it did not use the word "Constitution" and was signed on December 13, 2007 in all twenty-seven member states. Thus, this treaty replaced the old Constitution of the European Union and had the goal of reforming the governance system European Union, and also became the basis for the functioning of the EU in the next twenty years.

The Lisbon Agreement secured a balance between interests and goals, thus giving the latter the status of a "great power".

The text of this agreement made changes to the main three documents - the Treaty of Rome, Maastricht and the Treaty on Legal framework Union become two updated acts: TEU and TFEU, both of them have equal legal force.

The EU includes the main tasks and goals, foundations and principles of the EU. It describes the methods of cooperation between the participating countries, as well as the foreign policy activities of the Union and its security policy. The TFEU considers the direction of the EU policy, its freedom, legality and security, as well as the system of regulation of external relations and finances.

Treaty of Lisbon has a number of protocols that form an integral part of the main treaties. So, they either explain the provisions of the treaties, or form the position of certain states on various issues. In addition, this Treaty systematizes the principle of competence, that is, the European Union does not have the right to go beyond the limits of competence granted to it by the participating countries.

Also, the Lisbon Treaty provides for a three-level system of governance of the European Union, which consists of institutions with powers of authority, other bodies that are created based on the decisions of institutions, and so-called institutions.

Two structures were added to the institutions: the Council, which is the highest body of political power, and the Central Bank. The Council has a President, who is elected for two and a half years, as well as an EU High Representative for Security Policy and Foreign Affairs. The number of deputies in the Council shall not exceed seven hundred and fifty one.

The Lisbon Treaty provides that the three states form the so-called Presidency of the Council, this position is held for 18 months.

Member States have the right to conclude agreements between themselves in the event that they do not contradict agreements signed by the European Union or do not go beyond its competence.

Thus, the Lisbon Convention gave the EU the opportunity to determine and pursue foreign and security policy, including dealing with the functioning of the internal market and the customs union, commercial, economic, territorial and in addition, the EU has the right to deal with energy, law and order, transport, problems environment and health and many other issues. The EU undertakes to provide assistance and support to all participating States in matters of education, culture, tourism and medicine.

Kaveshnikov Nikolai Yuryevich - Head of the Center for Political Integration of the Institute of Europe of the Russian Academy of Sciences, Associate Professor at MGIMO(U).

On December 1, 2009, the Treaty of Lisbon entered into force, ending a painful series of reforms in the system European Union. This document is not a welcome child of common goals and the desire for European unity, but rather the fruit of necessity, born out of the failure of the EU Constitution. What is the difference between the Lisbon Treaty? What innovations does it bring to the practice of the functioning of the EU? What does it testify to? How will it affect prospects? European integration, on the effectiveness and potential of the European Union? The essence and significance of the Lisbon Treaty is analyzed by the head of the center of the Institute of Europe of the Russian Academy of Sciences N. Kaveshnikov.

On December 1, 2009, the Treaty of Lisbon (LT) entered into force. The painful series of institutional reforms that have been going on in the European Union since the mid-1990s has ended. Suffice it to recall the main milestones of this process: the Treaty of Amsterdam in 1997, the Treaty of Nice in 2000, the EU Constitution of 2004 and the Treaty of Lisbon in 2007. If the European Union were a state, then it would be necessary to say that the constitution of this states. You rarely find examples of such constitutional instability in history. Although there is a certain justification for this - the European Union itself has fundamentally changed in twenty years: the number of its member countries has grown from 12 to 27, a single currency has been introduced, in addition to economic integration, the integration process is underway (not very successfully so far) foreign policy and the creation of a political union.

In order to understand the role and significance of the Lisbon Treaty, we first of all note that it is not a welcome child of common goals and the desire to strengthen European unity, but rather a stepchild or a fruit of necessity that came into being due to the failure of the EU Constitution.

In a referendum on 29 May 2005 in France, 54.9% of French people voted against the ratification of the EU Constitution. Two days later, on June 1, Holland said its “no”: 61.7% “against” with a very high turnout for the country (63%). There were precedents when the people refused to support the integration plans of politicians even earlier in Denmark (1993) and Ireland (2001). Small concessions were enough for small countries to make their governments willingly hold repeated referendums that gave the “correct” result. With France, this option could not pass. As one of the French MEPs said, “no French president would agree to have yesterday's dinner for today's lunch!” .

In the end, it was decided to remove from the text of the EU Constitution those provisions that do not suit anyone, to get rid of the “constitutional” pathos so as not to irritate the supporters of national sovereignty, and to present new document as something technical, not worth a wide public discussion. In essence, the Treaty of Lisbon is the Constitution of the lights. A number of additional "steps back" exemptions were made in 2009 to ensure a favorable outcome for a second referendum in Ireland.

The range of assessments of the Lisbon Treaty is extremely wide - from extremely negative to laudatory. Moreover, praise and criticism often refer to the same provisions.

When analyzing this agreement, the question first of all arises: with what to compare it - with the current constituent agreements or with the failed Constitutional Agreement? On the one hand, the authors of the LD themselves, already at the stage of preparatory documents, carefully crossed out any mention of the EU Constitution, formalizing it as a set of amendments to existing treaties. On the other hand, most of the provisions of the Lisbon Treaty repeat the norms of the EU Constitution, while other provisions reflect the reaction to its failure.

Let's give first brief analysis innovations that the Lisbon Treaty introduces into existing treaties, and then we will show why the LD marks a step back in the integration process - which provisions of the EU Constitution were excluded or significantly transformed during its preparation. Of course, we do not set ourselves the task of analyzing the entire content of the Lisbon Treaty - we are only interested in the main aspects of institutional reform.

The essence of the reforms

How and in what way is the actual practice of the functioning of the European Union changing with the entry into force of the Lisbon Treaty?

1) The structure of three pillars created in Maastricht was abolished and, accordingly, the European Community and Euratom ceased to exist. The European Union became the only integration structure and received the status of a legal entity, including broad international legal personality. At the same time, the two founding treaties will remain: the Treaty on the European Union and the Treaty on the Functioning of the European Union (as the Treaty on the Establishment of the European Community is now called). The Union has become more united in terms of its functioning. However, the rejection of the three pillars does not negate the diversity of management methods in the EU, which especially increased in the 1990s. The LD identifies about 30 areas of competence, some of which are so extensive that they fall into several separate parts. So in reality, the EU did not consist of three pillars, but of 20-30 "pillars"; all of them are preserved to some extent by LD. In confirmation of the half-hearted nature of the rejection of the three pillars structure, we mention that the EU Court of Justice is still deprived of competence in the field of CFSP/ESDP and is significantly limited in its ability to control the actions of member states arising from communitarian obligations to maintain order, security and legality.

2) The LD provides a clear and exhaustive list of EU competencies, bringing clarity to one of the most confusing issues of European integration. When compiling this list essential role played the concern of a number of countries in connection with the unprecedented expansion of the powers of the EU. (In the 1990s, it was increasingly believed that the Community's areas of competence were not limited at all). However, the classification of powers developed in the LD brings clarity, but does not lead to a fundamental redistribution of competencies. Moreover, the authors of the LD did not even cope with the task of clearly delimiting the powers of the EU and the member states.

The LD provides for five types of EU competence: exclusive; joint; coordinating; the authority to act to support, coordinate or complement the actions of Member States; specific competence in the field of CFSP/ESDP. It is clearly defined what type each EU policy direction belongs to.

In fact, this typology does not expand, but only fixes the historically established scope of EU competence. Only in two areas does the European Union receive new powers, and even then they are not very different from those currently available: in energy policy and in matters of combating global warming.

3) The European Council has fully become an institution of the EU. Although he is removed from the framework of the legislative process, his decisions from political declarations actually turn into regulations EU. These decisions are no longer made by consensus, but by voting. However, the Council of Ministers had such a right for a long time, but used it extremely rarely. And now the European Council is unlikely to actively use the voting procedure. To a certain extent, the decisions of the European Council are subject to the control of the Court of Justice.

The main thing is that the European Council has received a permanent leader. Instead of a succession of presidencies replacing each other every six months, the post of President of the European Council (he is often mistakenly called the President of the European Union), who will be elected for 2.5 years with the possibility of re-election, has been established. This should contribute to the efficiency and consistency of the work of the European Council and the entire EU. However, this reform, like most others in the European Union, suffers from inconsistency: the rotation of presidencies in the Council of Ministers has been preserved. How these two governing structures will coordinate their activities, the future will show. The introduction of the post of President of the European Council will also create another problem: it will inevitably take over some of the functions of the President of the European Commission and, on the whole, will weaken the Commission.

4) Two new points are of decisive importance for the effective functioning of the Council of Ministers as a legislator - this is the abandonment of the right of veto and the change in the system of voting by a qualified majority (SCB).

The expansion of the scope of the CCH was one of the most significant trends in the development of the EU in the 1990s. This trend was due to the synchronous action of two factors. First, the Maastricht and (to a lesser extent) the Amsterdam Treaties significantly expanded the competence of the European Union. Secondly, already in the EU-12/15, the impossibility of an effective policy based on unanimous decision-making became obvious. The situation would have become even more aggravated after the enlargement - it is completely unrealistic to reach a compromise in the composition of 25/27 states. If the scope of the CSC had not been expanded, this would have meant, in fact, a reduction in the competence of the Community, since, if the principle of unanimity was preserved, many of its powers could not be used.

The Lisbon Treaty is the next step in the process of phasing out the right to veto; the decision-making procedure by a qualified majority of votes was extended to another 51 regions. However, the number 51 should be perceived without exaltation - mainly we are talking not about broad areas of activity, but about individual issues. The classic “red lines” remained intact – in particular, the right of veto remains in the field of CFSP / ESDP, social policy, tax policy, in combating financial violations, in cooperation on criminal law issues and key aspects of environmental policy.

With regard to the qualified majority voting mechanism, its reform was the most difficult issue on the agenda, since it was about the degree of influence of individual member states. The current "Nice" voting mechanism in the Council was criticized almost immediately after the signing of the Nice Treaty - as overly complex and does not provide a balance between countries. The Treaty of Lisbon confirms the decisive step taken in drafting the EU Constitution by abolishing the entire system of weighted votes. Decisions in the Council will be taken if more than 55% of the countries (at least 15 in number) representing at least 65% of the population of the Union voted in favor. However, this system will begin to be applied from 2014, and will only work in full force after 2017 (in 2014–2017, any country may require the application of the rules of the Nice Treaty rather than the “double majority”).

5) The LD originally envisaged such a measure, necessary to improve the efficiency of the EU, as the reform of the Commission. However, due to the failure of the first referendum in Ireland, this reform was canceled (see below). In fact, the LD introduces only one significant change into the activities of the Commission: the chairman of the Commission receives dejure full freedom in the distribution of portfolios of members of the Commission. but de facto it remains bound by political considerations and the need to take into account the "wishes" of member countries.

6) The role of the European Parliament is being strengthened to a certain extent. The joint decision-making procedure will be applied to approximately 80 issues transferred to the competence of the EU (currently 37). In addition, the European Parliament will henceforth, on an equal footing with the Council of Ministers, have the right to participate in the approval of the EU budget.

7) National parliaments are embedded in the decision-making process in the EU. They get the opportunity to monitor the legislative proposals of the Commission in order to control compliance with the principle of subsidiarity. If, within eight weeks of the promulgation of a Commission proposal, more than a third of the EU Parliaments declare that it does not comply with the principle of subsidiarity and provide justification for this, such a proposal must be reconsidered (the so-called “yellow card” mechanism).

8) Among the individual policy areas of the EU, the CFSP/ESDP has been reformed to the greatest extent. The strengthening of the CFSP is a necessary condition for the EU to become "a force that seeks to change the direction of world politics ... and to limit globalization to a moral framework" . In this connection special meaning has the establishment of the post of President of the European Council elected for 2.5 years. This is of particular importance for foreign policy, since it is still carried out on the basis of intergovernmental cooperation. The post of EU High Representative for Foreign Affairs and Security Policy has also been introduced, to which all functions and powers of the High Representative for the CFSP and the Commissioner for External Relations are transferred. The external relations service, including all EU embassies in third countries and with international organizations, passes under his subordination. He will permanently preside over the Council of Foreign Ministers. True, this high representative is simultaneously subordinate to the Chairman of the Commission and the European Council, which can significantly complicate his work.

As expected, the CFSP/ESDP has continued in its current form as a form of intergovernmental cooperation. However, significant changes have taken place in this area. The LD not only confirmed the possibility of turning the ESDP into a common defense, but also a provision appeared on the obligation of joint actions to repel aggression against one of the member states. However, given the serious disagreements on a number of foreign policy issues, the development of the CFSP/ESDP is likely to take place in the format of permanent structured cooperation, that is, with the participation of not all 27 EU countries.

In general, the reforms carried out give a chance that the EU's foreign policy will become, if not unified, then more coordinated, which, all other things being equal, will contribute to strengthening the role of the EU in the world.

Step back

At the same time, the Lisbon Treaty represents a step backwards from the EU Constitution. A number of significant novelties of the Constitution are excluded or furnished with serious reservations. Let's focus on the most significant ones.

Firstly, in our opinion, the main achievement of the EU Constitution was its symbolic meaning: in the very term “constitution”, in the use of “state” terminology (“European law”, “EU foreign minister”, etc.), in the accepted symbols (anthem, flag and motto of the EU). All this was supposed to contribute to the creation (precisely the creation, and not the emergence) of a sense of European identity among the population. And everything was carefully cleaned from the text of the LD. Even innocent symbolism seemed undesirable; only 16 EU countries, especially committed to the European idea, declared in a separate declaration that they would consider the indicated anthem, flag and motto as symbols of the European Union. The text of the Charter of Fundamental Rights was also excluded from the treaties, so as not to draw parallels between the EU and the state.

Secondly, once again the reform of the Commission failed. The composition and procedure for the formation of the Commission were initially based on two conditions that are fundamentally important for its position in the system of EU institutions and its legitimacy: 1) at least one representative from each Member State participates in the Commission; 2) The Commission is a relatively small group of people capable of acting collegially. In connection with the enlargement of the EU, the impossibility of maintaining both of these principles became obvious - it was necessary to choose between national interests and efficiency. The reform of the Commission was on the agenda of Amsterdam, and Nice, and the Convention, but it has not been possible to agree on the reform so far; the Treaty of Lisbon speaks only of the obligation by 2014 to reduce the composition of the Commission and develop a system of rotation of commissioners. But already after the signing of the LD, in order to ensure its ratification in Ireland, the reform of the Commission had to be abandoned. One country - one commissioner; the principle of equal representation again took precedence over considerations of efficiency.

Third, qualified majority voting in the Council of Ministers is limited by the introduction new version the famous Ioanninsky compromise. If a certain number of states oppose the decision, then no vote is taken, and negotiations continue for some reasonable time. This gives several EU countries the opportunity to slow down the decision, even if these countries do not form a blocking minority.

Finally, unlike the EU Constitution, the text of the Lisbon Treaty lacks the principle of the rule of law of the EU, long recognized by jurists. The maximum that Euroskeptics agreed to was to mention it in a separate declaration, and even then in a very vague wording: “according to the established case law of the EU Court of Justice, treaties and the law adopted by the Union on the basis of treaties take precedence over the law of Member States on conditions established by said case law".

Mention should also be made of two important cases in which the Treaty of Lisbon took a step back, no longer in comparison with the EU Constitution, but in relation to the existing status quo. For the first time, it is possible not only to transfer new competencies to the European Union, but also to return powers to the national level. And the foundation of the single internal market has lost one of the cornerstones: freedom of competition is excluded from the list of EU goals. Given the teleological nature of the interpretation of treaties practiced by the EU Court of Justice, this may not only cast doubt on progress in the “completion” of the single internal market, but can also blur the already established rules.

Long Term Consequences

Already in the course of the negotiations on the EU Constitution, the Member States sought to prevent the deepening of integration processes. Such "defensive" actions became widespread in the 1990s. We can mention the principles of subsidiarity and proportionality, the legislative technique of minimal harmonization, various forms of differentiation, the involvement of national parliaments in the EU legislative process. All this and much more was fully used in the drafting of the Constitution. And the main conflict of the Constitution - around the reform of the qualified majority system - is connected with the desire of Spain and Poland to defend their influence not in making decisions, but in blocking them.

Even more active "defensive" actions began after the failure of the referenda in 2005 during the preparation of the Lisbon Treaty. Their result was the disappearance of the “state” rhetoric (in relation to the EU), the abolition of the new system of secondary law acts, the return to the “semi-binding” status of the Charter of Fundamental Rights, the refusal to include in the text of the Treaty the provision on the primacy of EU law, the refusal to carry out large-scale reform in the foreseeable future Commissions, the postponement of the implementation of the “double majority” in the Council, the emergence of the second Ioannis compromise, numerous exceptions to the general rules that individual EU countries literally pulled out for themselves.

Will the Lisbon Treaty help to ensure the legitimacy of the EU in the eyes of citizens, to overcome the so-called democratic deficit? No way. It is no coincidence that during the development of the Treaty there was an unspoken consensus - not to hold referendums. And only Ireland was forced to do so in accordance with the national constitution.

Citizens still feel unable to influence the activities of the European Union, which breeds apathy and even irritation. For each new election to the European Parliament, fewer voters turn out, in the summer of 2009 the turnout was only 43%. As far back as the results of the 2004 elections, Margot Wallström, a member of the CES from Sweden, said: “These results are a clear signal to our politicians that ... we must move more slowly forward along the path of European integration.” Referendums, when they are held, increasingly fail.

The reason for this is the change of generations. For older residents Western Europe The EU could be bureaucratic, undemocratic, could be the source of many rules that make life difficult for business, but they remembered very well: the main merit of the European Union is the resolution of intra-European contradictions, the prevention of another war in Europe. The change of generations has led to the depreciation of the thesis of integration as a means of preventing military conflicts. With the disappearance of the "Soviet threat" another very strong motive for integration disappeared. For young people, peace in Europe is a natural state, just like the freedom to cross borders, the opportunity to study abroad, and so on. But the shortcomings of the European Union have not gone away. Public support for integration began to be based not on value criteria (the ideal of peace in Europe), but on a pragmatic approach to the effectiveness of the EU, which in the eyes of the population is very small.

It is the Constitution that could become a breakthrough - not so much in terms of a real deepening of integration, but in terms of creating European symbols. Prepared back in 1994, Herman's report mentioned the need creating a fiction of state sovereignty of the Union. The Constitution reminded the governments and citizens of the member states that the European Union is not only a single market, but also a system of political governance based on universally recognized values ​​and principles.

The presence of such a powerful symbol of "statehood" could affect the self-consciousness of the population of the EU countries. After all, solidarity can grow only from the awareness of unity, in the presence of which it is not scary to be in the minority when decisions are made, and it is not a pity to give money to regional funds, knowing in advance that they will be spent for the benefit of another country. But everything turned out the other way around - the failure of the Constitution gave the Eurosceptics the opportunity, relying on the will of the people, to remove from the text everything that was somehow associated with the quasi-state nature of the EU.

The Lisbon Treaty, formally preserving the principle of institutional balance between supranational and intergovernmental elements, shifts the center of influence towards intergovernmental institutions: the European Council and the Council of Ministers. Introduction of the post of President of the European Council; the introduction of the post of high representative for foreign affairs and security policy, although having dual subordination, but most of all associated with the European Council; subordination to this high-ranking representative of the external relations service, which effectively led to the removal from the structure of the Commission of units previously subordinated to the commissioner for external relations, are just some examples of this trend. The "tectonic shift" in favor of intergovernmental institutions is recognized by all political actors, and this enables member countries to further marginalize the supranational institutions of the EU.

Will the EU become more efficient? To a certain extent, yes: the effectiveness and efficiency of solving current, tactical tasks will increase. However, the EU receives practically no new powers, rather the opposite. In addition to the text of the Lisbon Treaty and the written rules for the functioning of the EU, a sense of common destiny and a spirit of solidarity are extremely important, which, like grease in the wheels of a bureaucratic mechanism, helps to unite the heterogeneous interests of 27 countries. But it was precisely this spirit of solidarity during the negotiations of 2003-2009. became a victim of national priorities.

Many EU countries gladly took advantage of the failure of the 2005 referendums to strike out of the Lisbon Treaty those provisions that they agreed to on a wave of "constitutional enthusiasm." The vast majority of the EU countries took part in this pulling away of the innovations of the Constitution. The negotiators were primarily concerned not about the future effectiveness of the European Union as such, but about maintaining the influence of their countries (the distribution of seats in the European Parliament, voting rules in the Council, the presence of national representatives in key positions) and freedom of hands in the areas of politics vital for each particular country (law veto).

The erosion of solidarity is evident. It is no coincidence that in the last decade calls for differentiated integration have been increasingly heard in the EU. This means: let those who want and are ready unite more closely and create a “solid core”, while others remain on the periphery. Most often, we are talking about creating a "vanguard" in the field of justice and foreign policy, about closer coordination of economic policy. The same Lisbon Treaty spelled out the mechanisms for creating a "solid core". Perhaps very soon we will see what Stefan Collignon figuratively called "the building of the political union (core) in the garden of the political union (periphery)". But that means giving up basic principle European integration – joint movement towards common goals. To implement this principle, the European Union has become too large and too heterogeneous; what was possible in the format of 6 and even 15 countries became practically impossible in the format of 27.

Will the Lisbon Treaty give the EU the opportunity to play more important role on the world stage? New structures and mechanisms will enable more efficient and consistent execution decisions made. But decision-making itself still requires unanimity. But it is precisely in matters of foreign policy that it is especially difficult for the EU countries to achieve this. Characteristically, Belgian Prime Minister Herman van Rompuy has been elected to the post of "foreign political person" of the European Union. He is little known in the international arena, but he enjoys the fame of a master of compromises. In Belgium, where there are serious disagreements between the Flemish and Walloon communities, the politician is simply forced to master this skill. His appointment means that the main function of the President of the European Council will not be foreign policy activities, but the harmonization of the positions of the EU countries.

More than ever, the European Union as an integration group needs to strengthen solidarity and readiness to sacrifice national interests in favor of common European interests, a more efficient and flexible system of governance, an active economic policy and increased attention to equalization economic development member countries. Without convincing legitimation, the EU will not be able to pursue an active policy. Will the Lisbon Treaty help? If it had been signed in 2004 following the results of the work of the Convention, everyone - both politicians and experts - would have welcomed it as another decisive step towards integration. But today, the Lisbon Treaty has become evidence of insurmountable contradictions and makes us think about the stagnation of integration processes.

The European Union is often compared to a bicycle that will fall if it does not move forward. This bike almost stopped today.

Notes:

MEPs divided on future of EU constitution, EUobserver, 7 June 2005.

European Council (2009) Presidency conclusions, Brussels, 18/19 June 2009. Annex 1. Decision of the Heads of State or Government of the 27 Member States of the EU, meeting within the European Council, on the concerns of the Irish people on the Treaty of Lisbon.

Treaties on the European Union and the European Community as amended by the Treaty of Nice.

A large number of studies on the problems of the Lisbon Treaty have been published in the West. One of the best is Dougan M. The Treaty of Lisbon 2007: Winning Minds, Not Hearts // Common Market Law Review, Vol. 45, 2008, p. 617–703.

The ECSC ceased to exist in 2002 due to the expiration of the 1951 treaty. Its powers were transferred to the European Community.

Previously, all international agreements were signed not by the European Union, but by the European Community alone or jointly with member states.

Weiler J. (2001) Europe 2000 – The Constitutional Agenda // EU Enlargement. The Constitutional Impact at EU and National Level. /Ed. by Kellermann A. E., Zwaan J. W. de, Czuczai J. Hague, Asser Press, 2001, p. 12.

European Council. Laeken Declaration on the Future of the European Union, Laeken, 14 and 15 December 2001.

The current delegations of the European Commission are being transformed into embassies.

One of the few exceptions is the general consensus on the need to intensify the CFSP/ESDP.

Without going into details, according to the Nice Treaty, Poland and Spain need to have three or four more states on their side in order to block the decision, and according to the draft Convention, they need ten more allies (in the EU-27) for this.

Parliament of Europe. Deuxiemme rapport de la commission institutionnelle sur la constitution de l'Union europeenne, 9 February 1994.

Collignon S. Vive la Republique Européenne. Paris, Edition de la Martiniere, 2004, p. 153.

Cit. Quoted from: Nezavisimaya Gazeta, November 9, 2000

Treaty of Lisbon

On the eve of the largest expansion in the history of the EU - from 15 to 25 members, which took place on May 1, 2004, the need to change the principles of governance of the European Union and the structure of its governing bodies became obvious. Otherwise, while maintaining the existing principle of consensus, the most important decisions could be blocked for a long time.
The resolution on the development of a pan-European Constitution was adopted at the EU summit in December 2001. In addition to solving organizational problems, it was supposed to contribute to the emergence of a pan-European identity and make the European Union a model of a new world order.

The working body for the development of the project (Convent) was headed by former French President Valéry Giscard d'Estaing. On October 29, 2004, the heads of the 25 EU member states signed the new European Constitution in Rome. The 265-page document contains 450 articles and 60,000 words, and it appeared immediately in 20 languages.

The constitution introduced the office of President, appointed by the European Council for a term of 2.5 years. There is also a post of EU Foreign Minister, representing a common European foreign policy. It is planned to reduce the composition of the European Commission: from 2014, the number of European commissioners should be two-thirds of the number of EU countries. The powers of the European Parliament are expanding, which was supposed to not only approve the budget, but also deal with problems related to the state of civil liberties, border control and immigration, cooperation between judicial and law enforcement structures of all EU countries.

The principle of consensus is replaced by the principle of the so-called "double majority", when a decision on most issues (except for issues of foreign policy and security, social security, taxation and culture, where the principle of consensus is preserved) is considered adopted if at least 15 member countries voted for it, representing at least 65% of the population of the entire Union. If any country does not agree with the decision of the Council of the EU, then it can stop its operation with the support of at least 3 more states.

Despite the acquired certain external similarity, the Constitution did not turn the European Union into a single state. In particular, the powers of the President were no match for those of heads of state in the United States or France. And the Minister of Foreign Affairs can speak on behalf of the EU only on those issues on which the EU countries had a coordinated approach. If there is disagreement, he loses this right.

However, even this movement towards integration seemed excessive in some countries. For the Constitution to enter into force, it had to be ratified by all EU members. Some states chose ratification by parliamentary means, the rest - through national referendums. The first plebiscite - in Spain - was successful, but the next - in France and the Netherlands - brought a negative result. Strong opposition to the proposed format for the implementation of the common European idea also took place in the UK, Denmark and Poland.

As a result, at the EU summit on June 22-23, 2007, an agreement in principle was reached on the development of a "Reform Treaty" - a light version of the Constitution, containing mainly provisions on the functioning of the EU institutions in the new conditions.

This Treaty was signed at the Lisbon Summit on December 13, 2007 under the official title of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community. It consists of a preamble, 7 articles, 13 protocols and 59 declarations. In accordance with it, three fundamental documents of the EU have undergone changes: the Treaty on the Establishment of the European Community (1957), the Maastricht Treaty (1992) and the Treaty on the Establishment of the European Community for Atomic Energy (1957).

To prevent a repetition of the situation that happened in France and the Netherlands, it was provided for its approval by the parliaments of the participating countries, with the exception of Ireland, where the referendum was mandatory.

However, problems still could not be avoided. If there were no serious difficulties with parliamentary support, the Irish referendum held on June 12, 2008, gave a negative result. And only a repeated similar plebiscite, held on October 2, 2009, led to success. As a result, the document entered into force on December 1, 2009.

The treaty changes the values ​​and goals of the European Union. The principles that were previously considered as declarative: the protection of EU citizens around the world, economic, social and territorial unity, cultural diversity, etc., along with social goals, are becoming the fundamental objectives of the EU policy. The main goals are the creation of an "internal market", the achievement of full employment, social progress, a high level of environmental protection, the fight against discrimination, social justice, the protection of children's rights, etc.

Among the specific results, one should highlight the fact that the European Union has become a legal entity, i.e. received the opportunity to conclude international treaties in all areas of its competence in four cases:
- if it is provided for by the fundamental EU treaties;
- if it is required by the achievement of the goals specified in the contracts;
- if required legally binding document EU;
- if this agreement can "affect general rules EU or change them.
At the same time, the EU states retained the right to conclude any international treaty, provided that it does not contradict agreements signed by the EU or does not fall within the Union's area of ​​competence.
Changes have been made to the institutions of the Union. The post of Permanent President of the European Council has been introduced. He is elected by the European leaders by a qualified majority for a 2.5-year term with the possibility of re-election for a second term.
In addition, the powers of the High Representative of the Union for Foreign and Security Policy, appointed by the European Council by a qualified majority in agreement with the President of the European Commission, have been expanded. He implements the Common Foreign and Security Policy of the European Union, heads the Council on Foreign Relations and at the same time is one of the Vice-Presidents of the Commission with the task of maintaining relations with the outside world.

On November 19, 2009, Belgian Prime Minister Herman van Rompuy was elected President of the European Council, and British Baroness Catherine Ashton was elected High Representative.

Myself European CouncilEuropean Council The European Council consists of the heads of state and government of the EU member states and their deputies - the ministers of foreign affairs. The President of the European Commission is also a member of the European Council. The European Council has always been the highest political authority of the European Union, and after the ratification of the Lisbon Treaty, it acquired the official status of its institution. The role of the European Council is to stimulate the development of the EU and determine the strategic directions of its policies. Along with the Council of the EU, the European Council has the political function of amending the fundamental treaties of European integration. The decisions developed and adopted by him not only have the character of a political directive, but also acquire legally binding force. The institutions, bodies and organizations, as well as the Member States to which its decisions are addressed, are obliged to comply with them. The European Council meets at least twice a year (usually twice during each Presidency, but extraordinary meetings may be held if necessary). Decisions are made by consensus based on the results of negotiations that member states begin even before the official opening of the summit. The results of the discussions of the European Council are recorded in conclusions, which are published after the meeting. The Treaty of Lisbon also established the position of the President of the European Council, who is elected by its members by a qualified majority for a term of 2.5 years, with the possibility of re-election for a second term., which includes its chairman, the heads of state or government of the participating countries and the chairman of the Commission, has become a full-fledged institution of the Union. The EU High Representative for Foreign and Security Policy also participates in the work of the Council.

The European Parliament has the right to elect the President of the European Commission. A new system of distribution of seats has been introduced in the parliament itself. The number of deputies is limited to 750+1 (chairman); seats are distributed on a “decreasingly proportional” basis, with a minimum of 6 representatives per state and a maximum of 96. This scheme will come into effect in 2014, until then there is a transitional period during which the current system will apply.

The Commission of the European Communities is officially renamed the European Commission. Until 2014, it will retain the current formation procedure - one representative from each EU state, including the High Representative for Foreign and Security Policy. In the future, it will include a number of representatives corresponding to 2/3 of the number of EU countries, unless the European Council unanimously decides otherwise. Thus, with 27 participating countries, the Commission will consist of 18 commissioners. They will be determined on the basis of the principle of rotation between EU states and appointed by the European Council by a qualified majority vote.

The agreement expanded the list of issues, voting on which is carried out on the basis of a qualified majority. At the same time, decisions on problematic issues (taxes, social security, foreign policy, security policy, operational police cooperation, places in institutions) will continue to be taken unanimously. In addition, the competencies of the European Union and national governments are more clearly separated.

EU citizens have the right to make a proposal to the European Parliament or the Council to change the law, for which it is necessary to collect at least a million signatures of citizens. The Commission, however, retains the right to decide whether this request should be granted.

Although the text of the Charter on Human Rights is not included in the Treaty, its provisions have become mandatory.
Finally, for the first time, the Treaty within the EU provides for the conditions and procedure for secession from the Union. This requires compliance with the laws of the country; notification of the European Council and its decision taken by a qualified majority.
As you can see, the main provisions of the Constitution remained in the new document. As for the differences, it was planned that it would replace the previous European agreements, while the Lisbon Treaty only supplements and clarifies existing legal acts.

In addition, it did not include some of the most controversial points contained in the Constitution, such as the granting of state status to the flag and anthem of the EU.

Thus, the Treaty of Lisbon was the completion of another political and institutional reform of the European Union and, as expected, determined its future for the next 15-20 years.

Treaty of Lisbon, also known as the Reform Treaty (official name - “Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community”, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community) - international treaty signed at the EU summit on December 13, 2007.

The Treaty of Lisbon is intended to replace the draft European Constitution, which EU leaders decided to abandon after no confidence was expressed in national referendums in France and the Netherlands in 2005.

The purpose of the Lisbon Treaty is to increase the efficiency of the European Union, strengthen its democratic legitimacy and unify the activities of the EU.

The Lisbon Treaty will enter into force after it has been ratified by all 27 EU member states.

Main Articles of the Treaty of Lisbon

Legal personality EU

The EU may conclude international treaties in all areas of its competence in four cases: if it is provided for by the fundamental treaties of the EU; if this is required by the achievement of the goals outlined in the contracts; if required by a legally binding EU document; if this treaty can "affect or change the general rules of the EU". Member States have the right to conclude any international treaty, provided that it does not contradict agreements signed by the EU or does not fall within the Union's area of ​​competence.

Principles and objectives of the EU

The principles that were previously considered as declarative: the protection of EU citizens around the world, economic, social and territorial unity, cultural diversity, etc., along with social goals, become the fundamental tasks of EU policy. The task of the EU also becomes the creation of an "internal market" and the achievement of a number of goals: full employment, social progress, a high level of environmental protection, the fight against discrimination, social justice, the protection of children's rights, etc.

The Reform Treaty amends the EU Treaty with respect to the following institutions of the Union:

European Parliament

A new system of distribution of seats in the Parliament is being introduced. The number of members is limited to 750 + 1 (Chairman of the Parliament); seats are allocated on a “decreasingly proportional” basis, with a minimum of 6 representatives per state and a maximum of 96. This seat allocation system will come into effect in 2014.

European Council

The European Council becomes a full-fledged institution of the Union. It consists of the Heads of State or Government of the Member States, its Chairman and the Chairman of the Commission. The High Representative of the EU for Foreign and Security Policy will participate in the work. If earlier the chairman was appointed on a rotation basis every six months, now the European Council will elect him by a qualified majority for a period of two and a half years. The President of the European Council will represent the Union in foreign policy within the scope of his powers and on matters of the Common Foreign and Security Policy.

Advice("Council of Ministers")

The changes relate to the new voting system based on the qualified majority principle. Starting from November 1, 2014, the votes of at least 55% of the members of the Council (at least 15 countries) representing at least 65% of the population of the Union shall be considered as a qualified majority. The four member states of the Council become the blocking minority. The Presidency of the Council will be carried out by predetermined groups of three Member States for a period of 18 months. Council members, in turn, serve as chairman every 6 months.

European Commission

Until 2014, the Commission will consist of one representative from each member state, including the High Representative for Foreign and Security Policy. From November 2014, the Commission will consist of representatives corresponding to 2/3 of the number of EU member states, "unless the European Council unanimously decides otherwise." The members of the Commission will be elected on the basis of a system of equal rotation among Member States. The Chairman of the Commission is elected by a majority vote in the European Parliament on a proposal from the European Council.

High Representative for Foreign and Security Policy

The European Council, in consultation with the President of the European Commission, appoints by qualified majority the High Representative of the Union for Foreign and Security Policy. The High Representative will implement the Common Foreign and Security Policy of the European Union by making proposals and the actual implementation of international obligations at the domestic level of agreements already reached. He will head the Council on Foreign Relations. The High Representative is also one of the Vice-Presidents of the Commission, whose competence covers the EU's external relations with the world.

Competences of the Union and national governments

The EU has the exclusive competence to determine and implement a common foreign and security policy, to determine actions to support, coordinate or complement actions taken by member states, but without prejudice to their competences in these areas. Issues of functioning of the customs union, internal market; the monetary policy of the member states whose official currency is the euro; common commercial policy and the conclusion of international treaties in some cases also fall within the jurisdiction of the Union. The areas of joint competence of the Treaty include the functioning of the internal market, social policy, economic, social and territorial cohesion policy, agriculture and fisheries, environmental problems, consumer protection, transport, energy, space of freedom, security and law and order, general problems of public health, research , technological development, outer space, development of cooperation and humanitarian aid, coordination of employment and social policies in member countries. The Union will provide support to Member States in the following areas: public health protection, industry, culture, tourism, education, youth issues and sports.

Defense policy

The Reform Treaty prescribes the mandatory collective responsibility of the EU member states. If a state has become a victim of aggression, other states are "obliged" to provide assistance and support "by all possible means".

Civic Initiative

EU citizens get the right to propose to the European Parliament or the Council to change legislation. To do this, it is necessary to enlist the support of this initiative from the side of a million citizens. The Commission reserves the right to decide whether action should be taken to meet this request.

Eurozone

The EU gets the right to determine the models for coordinating the economic policies of the member countries of the eurozone. The Commission may issue a warning to the state that its economic policy is not in line with the general framework of EU economic policy.

Withdrawal from the Union

The Treaty stipulates the possibility and procedure for secession from the Union. Article 35 of the EU Treaty provides for the conditions and procedure for withdrawal from the Union (in accordance with the legislation of the country; notification of the European Council and by decision of the Council taken by a qualified majority)

Treaty amending the Treaty on European Union and the Treaty establishing the European Community, or the EU Reform Treaty, created to improve the functioning of the European Union of 27 member countries and strengthen its role and position on the world stage in the face of dramatic global changes, was finally agreed at the Intergovernmental Conference in Lisbon on October 19, 2007.

Conceived as a "toolkit", this largely innovative treaty is designed to lay the foundations for the functioning of the European Union for the next 15 to 20 years. IN this moment it is impossible to say for sure that the Treaty entered into force on January 1, 2009, but most analysts are inclined to just such a forecast. The signing of the Treaty on 13 December opened the period when the member countries will have to carry out the process of its ratification ( r). Complications can arise in countries such as Ireland and the Czech Republic, where 3/5 of Parliament is needed to approve it. However, the approval in the parliaments of 27 countries will bring to a close a 15-year discussion on the political and institutional reform of the EU, which was launched by the signing of the Maastricht Treaty in the city. - January 1, 2007), the number of member countries has increased from 15 to 27, and their combined population is almost half a billion people. The treaty is intended to replace the failed draft EU Constitution (which was signed in June 2004). Two years ago, when the Constitution was rejected in referendums in France and the Netherlands, the EU found itself in an institutional impasse. In order to move forward, it was necessary to seriously simplify the structure of collective bodies, the principles and procedures for their work, and make their activities more understandable and transparent. The Lisbon Treaty is aimed at solving this two-pronged task. The Reform Treaty secured a balance between the goals and interests of the member states and the EU, giving the latter the status of a "superpower". The text of the Treaty amends three fundamental documents of the EU: the Treaty establishing the European Community (Treaty of Rome, 1957), the Maastricht Treaty, 1992 and the Treaty establishing the European Atomic Energy Community, d. After signing and ratification, the Reform Treaty ceases to exist as a single text, and innovations are incorporated into the three documents listed above.

The Reform Treaty is structurally composed of a preamble, 7 articles, 13 protocols and 59 declarations. Article 1 describes the changes that are being made to the EU Treaty (pp. 3-40), article 2 describes the changes to the Treaty establishing the European Community (pp. 41-150), article 3 lists the final provisions (pp. 151- 152).

The history of the adoption of the treaty

As of February 18, 2009, 24 of the 27 EU countries have approved the treaty. Two EU countries (and Poland) have not yet approved the Treaty. Ireland rejected the Treaty in a referendum.

The instruments of ratification were exchanged The treaty was ratified and signed, but the instruments of ratification were not exchanged The treaty was ratified but not signed Refused to ratify

The Federal Constitutional Court of Germany began considering the question of the compliance of the Lisbon Treaty with the Constitution of Germany.

EU legal personality

“The European Union becomes a legal entity” (Article 32 of the EU Treaty). This means that the EU can conclude international treaties in all areas of its competence in four cases: 1. if it is provided for by the fundamental treaties of the EU; 2. if it is necessary to achieve the goals set out in the contracts; 3. if required by a legally binding EU document; 4. if this agreement can "affect or change the general rules of the EU" (Art. 188L Treaty of Rome). Member States have the right to conclude any international treaty, provided that it does not contradict agreements signed by the EU or does not fall within the Union's area of ​​competence. The agreement establishes the following procedure for concluding international agreements on behalf of the EU: The Council of the EU agrees to conduct negotiations after receiving the relevant recommendations from the European Commission and the High Representative for Foreign and Security Policy, it also appoints the head of the delegation or representative from the EU and decides on signing contracts. The European Parliament has an advisory role, with the exception of treaty provisions to which legal procedures are applicable, and agreements of accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Art. 188N Treaty of Rome).

Principles and objectives of the EU

The new treaty changes the values ​​and objectives of the European Union (Art. 2 and 3 of the EU Treaty). The Reform Treaty changes the name of the Treaty establishing the European Communities to the Treaty on the Functioning of the EU, thereby directly linking it to the Treaty on the EU and the goals it sets for a united Europe. Thus, the principles that were previously considered as declarative: the protection of EU citizens around the world, economic, social and territorial unity, cultural diversity, etc., along with social goals, become the fundamental tasks of EU policy. The task of the EU also becomes the creation of an "internal market" and the achievement of a number of goals: full employment, social progress, a high level of environmental protection, the fight against discrimination, social justice, the protection of children's rights, etc.

institutional changes

The Reform Treaty amends the EU Treaty with regard to the institutions of the Union.

European Parliament

“The European Parliament exercises the legislative and budgetary functions of the EU, jointly with the Council” (Art. 9a). Parliament gains greater power, since its weight as a legislative body is equal to the weight of the Council. It also receives equal status with the Council with regard to budgetary matters, as there is no differentiation between "mandatory" and "non-mandatory" expenditures. The European Parliament is entrusted with the election of the President of the European Commission (whereas now it only approves the candidature put forward by the governments of the member countries). Since 2009, a new system of distribution of seats in the Parliament has been introduced. The number of members is limited to 750 + 1 (Chairman of the Parliament); seats are distributed according to the principle of "decreasing proportionality": a minimum of 6 representatives from the state, a maximum of 96. However, this seat allocation system will only come into force in 2014, since a transitional period is provided for until then (Art. 9 of the EU Treaty).

The European Council becomes a full-fledged institution of the Union. It consists of the Heads of State or Government of the Member States, its Chairman and the Chairman of the Commission. The High Representative of the EU for Foreign and Security Policy will participate in the work. If earlier the chairman was appointed on a rotation basis every six months, now the European Council will elect him by a qualified majority for a period of two and a half years. The President of the European Council will represent the Union in foreign policy within the framework of his powers and on matters of the Common Foreign and Security Policy, which does not detract from the role of the High Representative (Art. 9b of the EU Treaty).

The changes primarily relate to the new voting system based on the qualified majority principle. Starting from November 1, 2014, the votes of at least 55% of the members of the Council (at least 15 countries) representing at least 65% of the population of the Union shall be considered as a qualified majority. The four member states of the Council become the blocking minority. The period up to 31 October 2014 is considered a transition period, as is the period from 1 November 2014 to 31 March 2017. Until 31 October 2014, the current system laid down in the Nice Treaty will apply, according to which the principle of qualified the majority meet three conditions: the consent of 255 members of the Council (out of 345, i.e. 73.9%), which simultaneously represent the majority of member states (14 out of 27 states) and 62% of the EU population. During the transitional period from November 1, 2014 to March 31, 2017, during this time the members of the Council will have the opportunity to decide on a number of issues (determined on a case-by-case basis) by a qualified majority as laid down in the Nice Treaty. During this period, it will also be possible to take advantage of the "Ioannina mechanism" (temporary postponement of the decision), which requires the presence of an opposition that is 75% of the threshold of the usual blocking minority (that is, four states with a population of at least 35% of the population of the entire EU, plus one state). This mechanism allows states that are unable to create a blocking minority in the Council to postpone a decision on a problematic issue for a "reasonable period of time", during which attempts are made to find a compromise. It should be noted that the transition period was laid down in the Treaty primarily due to the rejection of the new system by Poland and Great Britain, since the principle of distribution of votes depending on the size of the population gave these countries much greater advantages than the principle laid down in the Reform Treaty (each of them had 27 votes in the Council, while EU countries with the maximum number population received 29 votes). The Presidency of the Council will be carried out by predetermined groups of three Member States for a period of 18 months. These groups will be drawn up in equal rotation, taking into account the geographical balance of the EU members represented. The members of the Council, in turn, take over the presidency every 6 months (Art. 9c of the EU Treaty).

European Commission

The Commission, operating from 2009 to 2014, will consist of one representative from each member state, including the High Representative for Foreign and Security Policy. But from November 2014, the Commission will consist of representatives corresponding to 2/3 of the number of EU member states, "unless the European Council unanimously decides otherwise." Thus, under normal conditions, the Commission will consist of 18 representatives (or 19: depending on which way the tenths are rounded) from 27 countries. The members of the Commission will be elected on the basis of a system of equal rotation among Member States. The Chairman of the Commission is elected by a majority vote in the European Parliament on a proposal from the European Council. After that, the Council of the EU, on the proposal of the elected chairman, approves the list of member countries of the Commission. The members of the European Commission are directly appointed by voting on the principle of a qualified majority in the European Council (Art. 9d of the EU Treaty).

High Representative for Foreign and Security Policy

The European Council, in agreement with the President of the European Commission, appoints by a qualified majority the High Representative of the Union for Foreign and Security Policy (Article 9e of the EU Treaty). The High Representative will implement the Common Foreign and Security Policy of the European Union by making proposals and implementing the agreements already reached. The main innovation of the Reform Treaty is that he will head the Council on Foreign Relations. The High Representative is also one of the Vice-Presidents of the Commission, whose competence covers the EU's external relations with the world.

Court of Justice

In accordance with the Treaty of Lisbon, the Court of Justice of the EU consists of the European Court of Justice, the Court of First Instance and specialized courts. Each state will be represented by one judge; it will also feature 11 Advocates General (currently eight). Judges and lawyers are selected from among eminent personalities and appointed by common consent of the governments of the member states for six years after consultation with a special committee (Art. 9f EC Treaty).

Matters voted on by qualified majority

The new agreement expands the list of issues on which voting is carried out according to the principle of a qualified majority:

• Presidency of the Council (Art. 201b Treaty of Rome),
• Free movement of labor, social guarantees (Art. 42 of the Treaty of Rome),
• General transport policy (Paragraph 3 of article 107 of the Treaty of Rome),
• Administrative cooperation in the field of freedom, security and order (Art. 66 of the Treaty of Rome),
• Border control (Art. 69 Treaty of Rome),
• Political asylum and protection of refugees and displaced persons (Art. 69A of the Treaty of Rome),
• Migration (Art. 69B of the Treaty of Rome),
• Judicial cooperation in matters of crimes (Art. 69E of the Treaty of Rome),
• Eurojust (Art. 69H of the Treaty of Rome),
• Europol (Art. 69J of the Treaty of Rome),
• Culture (Art. 151, paragraph 5 of the Treaty of Rome),
• Citizens' initiative in relation to EU legislation (Art. 8B of the EU Treaty and 21 of the Treaty of Rome),
• Decision on the withdrawal of a Member State from the EU (Art. 35 EU Treaty),
• Intellectual property (Art. 97b of the Treaty of Rome),
• Common position on international issues within the eurozone (Art. 115a of the Treaty of Rome),
• Space policy (Art. 172a of the Treaty of Rome),
• Energy (Art. 176a of the Treaty of Rome),
• Measures to prevent crime (Art. 69C of the Treaty of Rome),
• Tourism (Art. 176B of the Treaty of Rome),
• Sports (Art. 149 of the Treaty of Rome),
• Protection of the population (Art. 176C of the Treaty of Rome),
• Administrative cooperation (Art. 176D of the Treaty of Rome),
• And other questions.

At the same time, decisions on problematic issues (taxes, social security, foreign policy, security policy, operational police cooperation, places in institutions) continue to be taken unanimously.

Competences of the Union and national governments

The EU Reform Treaty clearly separates the competencies of the Union and national governments. The community acts within the framework of the competence provided for by the treaty and the goals that it sets for it. In matters that do not fall within the “exclusive competence” of the EU, “the Union will only take part if and to the extent that the goals cannot be properly achieved by each state independently at the federal or local level, but can be achieved within the entire Union taking into account the scope and consequences of the proposed actions”. The EU has exclusive competence in matters of “defining and implementing a common foreign and security policy”, determining actions to “support, coordinate or supplement actions taken by member states, but without prejudice to their competences in these areas” (Art. 2 of the Treaty of Rome) . Issues of functioning of the customs union, internal market; the monetary policy of the member states whose official currency is the euro; common commercial policy and the conclusion of international treaties in some cases also fall within the jurisdiction of the Union. The areas of joint competence of the Treaty include the functioning of the internal market, social policy, economic, social and territorial cohesion policy, agriculture and fisheries, environmental problems, consumer protection, transport, energy, space of freedom, security and law and order, general problems of public health, research , technological development, space, development of cooperation and humanitarian assistance, coordination of employment and social policy issues in the member countries. The Union will provide support to Member States in the following areas: public health protection, industry, culture, tourism, education, youth issues and sports.

Defense policy

Defense policy is given a significant place in the new Treaty in comparison with previous treaties. “The provisions relating to the Common Security and Defense Policy are without prejudice to certain aspects security and defense policies of member states. The EU and nation states remain bound by the provisions of the UN Charter…” (Declaration 30). Decisions on issues in this area are taken unanimously (Art. 17 of the EU Treaty), the possibility of changing the procedure and applying the principle of a qualified majority is excluded (Art. 280H of the Treaty of Rome). The jurisdiction of the Court does not extend to this area (Art. 240a of the Treaty of Rome). Transition to common policy in the field of defense is carried out on the basis of a unanimous decision of the European Council (Art. 27 (1) Treaty of Rome). The Reform Treaty prescribes the mandatory collective responsibility of the EU member states. If a state has been the victim of aggression, other states are "obligated" to provide assistance and support "by all possible means". This obligation does not violate the specifics of the security policy of a number of members of the union (neutral states or those bound by special agreements) and agreements within NATO (Art. 27(7) of the EU Treaty).

Charter of Human Rights

“The EU respects the rights, freedoms and principles set out in the Charter of Human Rights”, it “has the same legal force as the fundamental treaties of the Union” (Art. 6 of the EU Treaty). Although the text of the Charter is not included in the Treaty, its provisions are binding. This change has been included in order to monitor the conformity of EU directives and provisions with the principles set out in the Charter.

Other fundamental changes

Civic Initiative

EU citizens get the right to propose to the European Parliament or the Council to change legislation. To do this, it is necessary to enlist the support of this initiative from the side of a million citizens. The Commission, however, reserves the right to decide whether action should be taken to meet this request.

Eurozone

The EU gets the right to determine the models for coordinating the economic policies of the member countries of the eurozone. The Council cancels the decision on the country's unwillingness to join the eurozone (Art. 116). The Commission may issue a warning to the state that its economic policy is not in line with the general economic policy framework of the EU.

Energy policy

Energy policy issues are detailed for the first time in an EU treaty. The EU is free to set goals which include a more successful functioning of the energy market, the supply of energy resources and the development of alternative energy sources. The Union is responsible for defining and implementing research and development programs in this area (although here its competence overlaps with that of national governments). Energy policy is determined by the European Parliament and the Council in accordance with the ordinary legislative procedure. At the same time, the articles of the Treaty do not infringe "the right of the Member States to take the necessary measures to ensure the supply of energy resources" (Declaration 20, Art. 176a).

Withdrawal from the Union

For the first time, the Treaty within the EU stipulates the possibility and procedure for secession from the Union. Despite the fact that throughout the history of the EU, with the exception of the withdrawal of the Greenlandic autonomy as part of Denmark from the EU after the referendum, there have been no attempts to secession, the new Art. 35 of the EU Treaty provides for the conditions and procedure for withdrawal from the Union (in accordance with the legislation of the country; notification of the European Council and by decision of the Council adopted by a qualified majority).

global climate change

The fight against global climate change is given priority in the new Treaty. The EU must “take measures to international level to combat regional and global environmental problems, primarily climate change” (Art. 174 of the Treaty of Rome). The Union's energy policy should be carried out "in accordance with the need to maintain and improve environment”(Art. 176A of the Treaty of Rome).

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