Foreign Policy of EU after the treaty of Lisbon (historical comparative before and after).

European Union in the International Affairs.

Student: Rodnitchi Gheorghe

Lecturer: Anna Skolimowska

Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie

2016

Contents

1. Why does Europe need the Lisbon Treaty? ……………………………………..3

2. The treaty of Lisbon – A new beginning for European policy…………………..4

3. How Treaty of Lisbon changed The EU foreign policy? ……………………….5

4. Key innovations in the Lisbon Treaty…………………………………………..6

5. Important Questions about LT. Will the Lisbon Treaty create a European

army?.........................................................................................................................7

6. Does the Lisbon Treaty create a European « Super-State »? ...............................8

7. What about European neighbourhood policy?....................................................11

8. Conclusions.........................................................................................................13

9. Bibliography........................................................................................................15

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Introduction

Why does Europe need the Lisbon Treaty? The European Union has changed. The number of the Member States is now four times

higher. In the last 15 years, the number of them has almost doubled. The world is changing

rapidly. Europe faces huge challenges in this century, including the economic crisis, climate

change, sustainable development, energy security and fighting international cross-border crime.

Member States which have drawn the Treaty of Lisbon recognized the agreement which

demonstrated that the existing treaties of the European Union did not provide tools that he needs

to face with these challenges and to face changes.

• The Treaty of Lisbon amends and updates the EU treaties above/ It modifies, in fact, the Treaty

regarding the EU and the Treaty establishing the European Economic Community.

It updates and strengthens the EU;

It brings changes regarding the European continent.

It assures the protection of each member state of the UE.

It contributes to the sustainable development of the Europe. And here we can mention

about a sustainable economical growth, price stability.

• Keep in mind that the EU has grown from six founding Member States to 27 today and has

contributed to many developments in the last 50 years.

• It will improve working methods to ensure that the Union operates work as efficiently and

effectively in this century.

• It helps the EU to better serve your interests and your it gives the right to have a say in

European matters through new Citizens' Initiative. Also, it gives the citizens the opportunity to

have freedom space, security, without any internal frontiers.

• It protects the rights provided in the Charter of Fundamental Rights,

• It strengthens the role of the European Parliament and gives new powers to parliaments

national.

• Streamlines the decision-making process at European level, the qualified majority being

extended.

• Helps Union to speak with one voice in a unique world.

It advocates for the achievement of the economic and monetary union, the euro becoming

the only currency used by the member states of the EU.

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• Introduces new measures to tackle pressing issues that affect quality our lives: climate change,

cross border crime and energy.

• Protects the rights of each Member State, especially in sensitive areas such as taxation and

defense.1

It gives the states the possibility to withdraw from the Union.

The treaty of Lisbon – A new beginning for European policy.

The 2009 year would mark a new beginning for the European Union, beginning marked

by the signature and ratification of the Lisbon Treaty. However, he commemorate, also, some

crucial events in the history of the old continent: the 70th anniversary of the outbreak of the

Second War world, 60 years since the establishment of the Council of Europe or the 30 years

since the European Parliament is directly elected by the citizens of the Member States. But the

2009 would recall 20 years after the collapse of a totalitarian system of European states until

1989 characterized by the sphere of influence of the Soviet Union; so they celebrated the Velvet

Revolution in Czechoslovakia, Hungary, the fall of the Berlin Wall or the bloody revolution in

Romania.2 The year 2009 can be characterized as a bridge between past and future, as the

European Union has a new start and better substantiating the principles on which it is built, and

anchoring in the decisions of the Community institutions.

These few data set from the very beginning we have loaded foreshadows a scenario in which

Europe was the main actor. An ideologically divided continent, economic and cultural common

roots trying to turn into an advantage for the XXI century. The European Union must become a

more active and prominent actor on the stage of international politics and the ratification of the

Lisbon Treaty is triggering a domino game in which you have to break some barriers idea of

European integration.

European construction started from the idea that between Western European states there should

be no spark in trigging a possible armed conflict. Born on the 5 th of May 1945, the Council of

Europe, a regional international organization classical3 European state actors that were brought

under the same roof, attempted thereby achieving common goals. The ambitious project of

1 http://eur-lex.europa.eu/legal-content/RO/TXT/?uri=URISERV%3Aai0033 2 Gordon Kerr, O scurtă istorie a Europei, București, Ed. Nomina, 2014, p.176.3 Ovidiu Ţinca, Drept comunitar general Bucureşti: Ed. Didactică şi pedagogică, 1999, p.5.

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European integration could not be triggered only by a superior organization classics, so he

founded the European Coal and Steel construction "sui generis" which was noted by transferring

certain sovereign rights of Member founding bodies new created the European Communities.

How Treaty of Lisbon has changed The EU foreign policy?The EU action brought at a international level is increased. Above all, the Treaty of

Lisbon gives greater coherence and visibility to the EU’s Common Foreign and Security Policy.

The EU therefore acquires legal personality, enabling it to negotiate and to be a contracting party

in international Treaties. In addition, the EU is henceforth represented globally by the High

Representative for Foreign Affairs and Security Policy.

Furthermore, a section of the founding Treaties is now devoted to the Common Security and

Defence Policy. The long-term objectives aim in establishing a Common European Defence .4

According to the European treaties force, the European Union legal personality, only

endowed with legal personality the European Community. After entry into force of the Treaty of

Lisbon European, the Community ceases to exist. The community “Acquis “ will be over the

entirely Union Europe, which will have, in the same time, legal personality. Thus, for the first

time in the history, the European construction, the Union EC will acquire legal personality. This

innovation of the Treaty of Lisbon will have significant effects on the Union's external action. In

creating a single legal entity that will ensure better representation of the Union in the

International context and will also contribute to strengthening the role of the EU as a global

actor. A European Union endowed with legal personality will have the opportunity to accede to

the European Convention Human Rights. The Union will able to become a member of the

international organizations and will be more coherent and effective in its relations regarding the

global level.

Decision-making in the Foreign Field and Security Policy.

The Lisbon Treaty provides that the foreign policy and Security Policy (CFSP ) are subjects of

the rules and procedures. This enshrines , in fact , is a specific CFSP area that still remains a

subject into the intergovernmental method decision-making and, mostly , voting unanimously .

4 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:ai0033

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However , the new Treaty introduces a new provision ( bridging clause ) that allows European

Council to decide by voting unanimously, extending voting to qualified majority CFSP, to a later

date decisions based on military or defense implications. However, these stipulations will

continue to require unanimity . Decisions taken in CFSP shall also submit a particular purpose,

which is, with some notable exceptions, controlled by the Court of Justice of the European

Union.5

Key innovations of the Lisbon Treaty.

1. The European Union will have a Stable President of the European Council with a term of 2

years and a half, with the possibility of being renewed once. This statute will bring visibility and

coherence of the European Council.

2. The Union will have a High Representative for Foreign Affairs and Security Policy, who will

replace current High Representative for the Common Foreign and Security Policy / CFSP. The

High Representative will be at the same time, and Vice-President of the Commission. 6

3. Number of members European Parliament is set to 750 Furthermore EP President. The

minimum and maximum representation of Member States It was set at 6 and 96 MPs Europeans.

Romania has 33 MEPs.

4. Charter of Fundamental Rights acquires legally binding.

5. The Treaty increases the number of areas of the European Parliament entitled to approve EU

legislation, together with the Member States of the EU Council (procedure known as the "co-

decision").

6. Qualified majority voting will become the usual way of voting EU Council. Will waive such

right veto in many areas of EU action strengthening the capacity for action Community.

7. The decisions taken by qualified majority has needed, since 2014, the support of 55% of

Member States representing 65% of the population European Union.

5 http://www.mae.ro/sites/default/files/file/tratate/2009.11.21_brosura_tratatul_lisabona.pdf 6 Paul James Cardwell,   EU External Relations Law and Policy in the Post-Lisbon Era, Springer Science & Business Media, 2011,p.31

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8. National parliaments acquire right track legislative acts Union, to ensure that the powers they

exercise are to the most appropriate level decision-making (local, national or European) - NIPOs.

9. The European Union acquires legal personality.

10. The importance of neighborhood relations Union enshrined level Treaty as an integrated

policy.

11. Lisbon Treaty recognizes the existence of new challenges that Union has to face with,

combat global climate while promoting solidarity of the member States in the field of energy.

12. Member States may withdraw from EU procedure specified in this effect of withdrawal

clause.7

Important Questions about LT.

Will the Lisbon Treaty create an European army?

No! Only the Member States will have army.8 Firstly, the concept of a European Army

is not mentioned in the Treaty. The absence of this concept also confirms the practical fact that

the EU relies only on the capabilities of its Member States. Secondly, even in the most

federalist Member States the idea of a European Army has faced legal challenges. A particular

example is Germany where political calls for a European Army have been presented but the

constitutional court has set strict limitation son such cooperation .9 The treaty clarifies that exists

provisions on common security and defense policy, as part of foreign policy and security policy.

It provides that Member States shall make civilian and military capabilities available to the

Union for the implementation of the Common Security and Defence. However, also it must be

clear that any decision in this area must be adopted unanimously; any Member State has the right

to oppose such operations and all the contributions to them will be based on voluntary basis.

Regarding the disarmament operations, humanitarian and rescue, military advice, support tasks

or activities of peacekeeping, the Council may entrust the implementation of these tasks to a

7 http://www.mae.ro/sites/default/files/file/tratate/2009.11.21_brosura_tratatul_lisabona.pdf 8 . Federiga Bindi, Irina Angelescu, The Foreign Policy of the European Union, Brookings Institution Press, iunie. 2012,p,2179 . Martin Trybus, Luca Rubini , The Treaty of Lisbon and the Future of European Law and Policy, Edward Elgar Publishing, ianuarie. 2012, p, 311.

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group of Member States that are willing and have the capacity to do this. None of the Member

State can be forced to participate in such operations.

The European Defence Agency is open to all the Member States that wish to be part of it.

Equally, permanent structured cooperation in defense is only open to Member States which wish

to participate and that meet their commitments on military capabilities. Moreover, any Member

State that wishes to withdraw from permanent structured cooperation on defense may do so at

any time.10

My position. I know it will be very difficult, and many states are against the creation of a

European army . But if I have to look in a realistic way, and the threat from the east is real, then

we do not have a choice. NATO is not strong enough to protect us and the national armies are

very weak and will not withstand an attack from the Russian Army or another. We all know that

the countries of the eastern border of Europe lead perfectly an intensive preparation of the army

forces , but only a European common army can pass successfully this moment.

Does the Lisbon Treaty create a European « Super-State »?

The Lisbon Treaty obliges the EU nations to cede sovereignty of decision-making

centers in the area to reduce many laws and veto rights to allow more national imp making

decisions instead of unanimous consent majority version .

Treaty astounding is the culmination of more than 50 years of European integration and political

process that resulted in the systematic erosion of democracy and democratic accountability in

Europe.

The European Union has its origins in the Treaty of Rome (1957) which gave birth to the

European Economic Community (EEC). EEC, known as the "Common Market" was a custom

union. CEE countries fell agreed to eliminate all tariffs in a transitional period of 12 years and,

also, in that time, was set a common price for all products coming from third countries.

The Single European Act (1987) extends the EEC to include not only the free movement of

goods and free movement of people, capital and services. Act establishes a genuine common

market, but encodes European Political Cooperation which was a forerunner of the Common

Foreign and Security Policy (CFSP).

10 http://one-europe.info/is-a-single-european-army-currently-realistic

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The fall of the Berlin Wall (1989) and the reunification of Germany (1990) caused to the French

President François Mitterrand, who feared a return of German hegemony, to seek a permanent

anchor Germany within the European institutions. Together with German Chancellor Helmut

Kohl, who was eager to ease the doubts of Paris and London in respect of a united Germany,

Mitterrand worked to transform the whole of Europe into a union all-embracing.

In 1989, an Intergovernmental Conference has established economic and monetary union. In

1990, another CI was convened to study the establishment of a political union. Then, in 1992,

after three years of debate behind closed doors, during they have ignored public demands for

more transparency, the Treaty of the European Union was founded (known as the Maastricht

Treaty).

The Maastricht Treaty amended the Treaty of Rome and the Single European Act by passing

beyond a common market by a political union and changed the official name of the EEC to the

European Union. Maastricht has created three pillars, one of which allows joint actions in foreign

policy and military affairs and another that strengthens cooperation in the fight against organized

crime. The Maastricht Treaty established the European Central Bank and introduced fixed

exchange rates and a single currency called Euro. In 1998, the Treaty of Amsterdam has

modified parts of the treaties of Maastricht, again without public participation. The main change

brought by the Treaty of Amsterdam was the creation of a new position called High

Representative for Common Security and Defence Policy. EU Treaty to endow a common

security policy, including the gradual formation of a common defense policy. In 2001, the Treaty

of Nice was created (once again without public participation) to reform the institutional structure

of the EU with a view to expanding into Eastern Europe. Arriving in 2009, the declared purpose

of the Lisbon Treaty is to "complete the process started by the Treaty of Amsterdam and the

Treaty of Nice with a view to strengthen the efficiency and democratic legitimacy of the Union

and to improve the consistency of her in action." Supporters say that the Lisbon Treaty's purpose

is to cement the process of European integration by adopting decisions. But in essence, the

Treaty of Lisbon, called a "coup d'etat in slow motion", is about the centralization of political

power by a ruling clique in Brussels, unelected, who wants to lead Europe regardless of the

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constraints of democracy. Lisbon Treaty promotes European aspirations beyond Europe, so

Americans must heed. Indeed, European globalists hoped that the Lisbon Treaty will make the

EU into a superpower able to counter-balance the United States in international relations.

European policymakers have been frustrated with the inability of Europe to speak with one

voice, a debilitating weakness that often castrate Europe's economic and political weight on the

global stage, particularly with the United States. The Lisbon Treaty is-meaning remedy this

deficiency by imposing a European president and a foreign minister at the head of the European

edifice.

More specifically, the Lisbon Treaty is intended to avoid a repeat of the European divisions that

led to the Iraq war, when France and Germany were frustrated in their attempts to present a

united European front to block the American invasion. At that time, an average number of

European countries have broken ranks with France and Germany and joined the United States in

"the coalition of the WILLING" elite Bruxelliene to anger.

By granting jurisdiction over matters of war and peace unelected EU bureaucrats, the Lisbon

Treaty will usurp the prerogatives of Member States regarding the use of military force. In the

future, this will make it more difficult for European allies to support US wars unpopular.

The Lisbon Treaty will push the EU in a direction that would be deeply discouraging for both

Americans and Europeans. The Lisbon Treaty will make Europe more democratic and less

centralized than it is today. For Transatlantic relations, this means that many decisions of foreign

policy which will directly affect the United States, ranging from economics and trade to

transatlantic cooperation on counter-terrorism Islamic, will be increasingly more often adopted

by bureaucrats unelected (and often pathologically anti-American) in Brussels at the expense of

national governments.

History of European integration is a classic case of how a simple economic treaty can be

gradually transformed into a leviathan supranational, federal, non-democratic, all-inclusive.

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Indeed, the Lisbon Treaty should be a warning to Americans who want to reshape the image of

the United States of Europe.11

What about European neighbourhood policy?

Through its European Neighbourhood Policy (ENP), the EU works with its southern and

eastern neighbours in order to achieve the closest possible political association and the greatest

possible degree of economic integration. This goal built on common interests and on values —

democracy, the rule of law, respect for human rights, and social cohesion. The ENP is a key part

of the European Union's foreign policy.

Partner countries agree with the EU an ENP action plan12 or an Association Agenda

demonstrating their commitment to democracy, human rights, rule of law, good governance,

market economy principles and sustainable development. The EU supports the achievement of

these objectives.

financial support – grants worth €12 bn were given to ENP-related projects from 2007 to 2013 economic integration and access to EU markets – in 2011 trade between the EU and its ENP

partners totalled €230bn easier travel to the EU – 3.2 m Schengen visas were issued to citizens, and in particular, to

students from ENP countries in 2012 technical and policy support

The EU also supports the civil society which plays an important role in bringing about

deep and sustainable democracy in partner countries.

Joint initiative

The ENP is a jointly owned initiative and its implementation requires actions from the

both sides, more exactly, by the neighbours and by the EU. The ENP benefits of a greater

coherence thanks to the creation of the European External Action Service which supports the

High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of

the European Commission Federica Mogherini and the involvement of the Commissioners

11 http://www.eurosceptic.ro/index.php/2011/04/01/tratatul-de-la-lisabona-lovitura-de-stat-in-slow-motion/ 12 http://eeas.europa.eu/enp/documents/action-plans/index_en.htm

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specifically dealing with European Neighborhood Policy and Enlargement Negotiations

European Neighbourhood Policy, Johannes Hahn.

ENP countries

Of the 16 ENP countries:

12 are current and has already fully participated as partners in the ENP, on having agreed on

ENP action plans:

Armenia Azerbaijan Egypt Georgia Israel Jordan Lebanon Moldova Morocco Palestine Tunisia Ukraine Algeria is currently negotiating an ENP action plan Belarus, Libya and Syria remain outside most of the structures of ENP.13

Action plans

The ENP action plans (or Association Agendas for Eastern partner countries)

sets out the partner country's agenda for political and economic reforms, with short and medium-term priorities of 3 to 5 years

reflects the country's needs and capacities, as well as its own must, but also the EU’s interests.

Implementation & monitoring

13 http://www.enpi-info.eu/eastportal/content//506/Eastern%20Partnership

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The action plans build on existing legal agreements with the EU – partnership &

cooperation agreements (PCAs) or association agreements (AAs). Implementation is monitored

through committees set up by these agreements. Once in a year, the European External Action

Service and the European Commission publish ENP progress reports assessing the progress

made towards the objectives of the Action Plans and the Association Agendas.

The European External Action Service and the European Commission publish yearly ENP

progress reports. The next reports are planned to be published on the 25th of March 2015.

At the last review of its European Neighbourhood Policy in 2010-11, the EU introduced the

more-for-more principle: the EU will develop stronger partnerships and offer greater incentives

to countries that make more progress towards democratic reform – free and fair elections,

freedom of expression, of assembly and of association, judicial independence, fight against

corruption and democratic control over the armed forces.

Multilateral partnerships

The ENP is chiefly a bilateral policy between the EU and each partner country. But it is

complemented by regional and multilateral cooperation initiatives:

Eastern Partnership the Euro-Mediterranean Partnership (EUROMED) (the Euro-Mediterranean Partnership,

formerly known as the Barcelona Process)14

Black Sea Synergy (launched in Kiev in February 2008)

Conclusions

The Reform Treaty will give the EU a single voice in external relations, stronger and

more coherent. It also allows the use of new tools and the development of the old ones, designed

to increase the security and defense organization States and partner countries. Union's key

priorities are placed on freedom, security and justice, which, in conjunction with the solidarity

clause, will transform the organization into a much more efficient one, ready to act gathered in

solidarity against the risks, dangers and threats to and Member States.

14 http://eeas.europa.eu/euromed/index_en.htm

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Application of the Treaty will give the EU an opportunity to implement the intensity increasing

its policies aimed on ensuring economic growth, improving working conditions and life,

promoting a living environment, clean and healthy, developing cohesion and solidarity between

Member States, encouraging scientific progress and technology and, not least, enhance capacity

for action on the international scene. This is aimed on improving individual and collective

security in all areas of social life.

The European Union promotes a model of a security environment based on cooperation and

solidarity in support of both the organization as a whole, and especially on each of the entities

that compose it. It is about a process of reform aimed by much more than the Union itself. It is a

process that reflects the latest trends in European security and defense. Also, the security focuses

on the human being, as a basic element of any security construct.

Therefore, we can conclude that the EU Reform Treaty prints new trends in the European

security and defense structure.

Many wonder, is the Lisbon Treaty process unfinished? Conclusions can only be preliminary and

only time will prove if the current perception of a legal and institutional ambiguities Union is just

a step to be exceeded or premise of a new treaty.

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Bibliography.

1. Gordon Kerr, O scurtă istorie a Europei, București, Ed. Nomina, 2014.

2.Ovidiu Ţinca, Drept comunitar general Bucureşti: Ed. Didactică şi pedagogică, 1999.

3. Paul James Cardwell,   EU External Relations Law and Policy in the Post-Lisbon Era, Springer Science &

Business Media, 2011

4. . Federiga Bindi, Irina Angelescu, The Foreign Policy of the European Union, Brookings Institution Press, 13 iun. 2012.

5. Martin Trybus, Luca Rubini , The Treaty of Lisbon and the Future of European Law and Policy, Edward Elgar Publishing. 2012.

Special sources.

1. http://eur-lex.europa.eu/legal-content/RO/TXT/?uri=URISERV%3Aai0033

2. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:ai0033

3. http://www.mae.ro/sites/default/files/file/tratate/2009.11.21_brosura_tratatul_lisabona.pdf

4. http://one-europe.info/is-a-single-european-army-currently-realistic

5. http://www.eurosceptic.ro/index.php/2011/04/01/tratatul-de-la-lisabona-lovitura-de-stat-in-slow-motion/

6. http://eeas.europa.eu/enp/documents/action-plans/index_en.htm

7. http://eeas.europa.eu/euromed/index_en.htm

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