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Amending treaties



At times there have been far-reaching reforms bringing major institutional changes and introducing new areas of responsibility for the European institutions:

· The Merger Treaty, signed in Brussels on 8 April 1965 and in force since 1 July 1967, provided for a Single Commission and a Single Council of the then three European Communities.

· The Single European Act, signed in Luxembourg and The Hague on 17 and 28 February 1986, and entered into force on 1 July 1987, provided for the adaptations required for the achievement of the Internal Market (over which later was formed the European Economic Area).

· The Treaty of Amsterdam, signed on 2 October 1997, entered into force on 1 May 1999.

o Its purpose was to simplify decision making in addition to further integrating the Common Foreign and Security Policy concept. It transferred policy on asylum, migration and judicial co-operation in civil matters to the field of supranational decisions (the "First pillar"). It also added new provisions on social policy and employment and integrated the Schengen Treaty.

o It amended and renumbered the EU and EC Treaties. The articles of the Treaty on European Union (the Maastricht Treaty), identified in that document by letters A to S, were changed into numerical form. Consolidated versions of the EU and EC Treaties are attached to it.

· The Treaty of Nice, signed on 26 February 2001, entered into force on 1 February 2003.

o It readied the EU for further enlargement, setting a cap on the number of members of the European Parliament (732) and of the European Commission (25). The latter provision meant that larger countries which had previously nominated two commissioners would in future only have one.

o Qualified Majority Voting was again extended to more areas, abolishing the national right to veto in some areas. A concept of "enhanced co-operation" was introduced for countries wishing to forge closer links in areas where other states disagreed.

· The Treaty of Lisbon

The Treaty signed by the Heads of State or Government of the 27 Member States in Lisbon on 13 December 2007, it provided the EU with modern institutions and optimised working methods to tackle both efficiently and effectively today's challenges in today's world. In a rapidly changing world, Europeans look to the EU to address issues such as globalisation, climatic and demographic changes, security and energy. The Treaty of Lisbon reinforced democracy in the EU and its capacity to promote the interests of its citizens on a day-to-day basis.

The Treaty of Lisbon amended the current EU and EC treaties, without replacing them. It provided the Union with the legal framework and tools necessary to meet future challenges and to respond to citizens' demands.

1. A more democratic and transparent Europe, with a strengthened role for the European Parliament and national parliaments, more opportunities for citizens to have their voices heard and a clearer sense of who does what at European and national level.

· A strengthened role for the European Parliament: the European Parliament, directly elected by EU citizens, will see important new powers emerge over the EU legislation, the EU budget and international Treaties. In particular, the increase of co-decision procedure in policy-making will ensure the European Parliament is placed on an equal footing with the Council, representing Member States, for the vast bulk of EU legislation.

· A greater involvement of national parliaments: national parliaments will have greater opportunities to be involved in the work of the EU, in particular thanks to a new mechanism to monitor that the Union only acts where results can be better attained at EU level (subsidiarity). Together with the strengthened role for the European Parliament, it will enhance democracy and increase legitimacy in the functioning of the Union.

· A stronger voice for citizens: thanks to the Citizens' Initiative, one million citizens from a number of Member States will have the possibility to call on the Commission to bring forward new policy proposals.

· Who does what: the relationship between the Member States and the European Union will become clearer with the categorisation of competences.

· Withdrawal from the Union: the Treaty of Lisbon explicitly recognises for the first time the possibility for a Member State to withdraw from the Union.

2. A more efficient Europe, with simplified working methods and voting rules, streamlined and modern institutions for a EU of 27 members and an improved ability to act in areas of major priority for today's Union.

· Effective and efficient decision-making: qualified majority voting in the Council will be extended to new policy areas to make decision-making faster and more efficient. From 2014 on, the calculation of qualified majority will be based on the double majority of Member States and people, thus representing the dual legitimacy of the Union.A double majority will be achieved when a decision is taken by 55% of the Member States representing at least 65% of the Union’s population.

· A more stable and streamlined institutional framework: the Treaty of Lisbon creates the function of President of the European Council elected for two and a half years, introduces a direct link between the election of the Commission President and the results of the European elections, provides for new arrangements for the future composition of the European Parliament and for a smaller Commission, and includes clearer rules on enhanced cooperation and financial provisions.

· Improving the life of Europeans: the Treaty of Lisbon improves the EU's ability to act in several policy areas of major priority for today's Union and its citizens. This is the case in particular for the policy areas of freedom, security and justice, such as combating terrorism or tackling crime. It also concerns to some extent other areas including energy policy, public health, civil protection, climate change, services of general interest, research, space, territorial cohesion, commercial policy, humanitarian aid, sport, tourism and administrative cooperation.

3. A Europe of rights and values, freedom, solidarity and security, promoting the Union's values, introducing the Charter of Fundamental Rights into European primary law, providing for new solidarity mechanisms and ensuring better protection of European citizens.

· Democratic values: the Treaty of Lisbon details and reinforces the values and objectives on which the Union is built. These values aim to serve as a reference point for European citizens and to demonstrate what Europe has to offer its partners worldwide.

· Citizens' rights and Charter of Fundamental Rights: the Treaty of Lisbon preserves existing rights while introducing new ones. In particular, it guarantees the freedoms and principles set out in the Charter of Fundamental Rights and gives its provisions a binding legal force. It concerns civil, political, economic and social rights.

· Freedom of European citizens: the Treaty of Lisbon preserves and reinforces the "four freedoms" and the political, economic and social freedom of European citizens.

· Solidarity between Member States: the Treaty of Lisbon provides that the Union and its Member States act jointly in a spirit of solidarity if a Member State is the subject of a terrorist attack or the victim of a natural or man-made disaster. Solidarity in the area of energy is also emphasised.

· Increased security for all: the Union will get an extended capacity to act on freedom, security and justice, which will bring direct benefits in terms of the Union's ability to fight crime and terrorism. New provisions on civil protection, humanitarian aid and public health also aim at boosting the Union's ability to respond to threats to the security of European citizens.

4. Europe as an actor on the global stage will be achieved by bringing together Europe's external policy tools, both when developing and deciding new policies. The Treaty of Lisbon will give Europe a clear voice in relations with its partners worldwide. It will harness Europe's economic, humanitarian, political and diplomatic strengths to promote European interests and values worldwide, while respecting the particular interests of the Member States in Foreign Affairs.

· A new High Representative for the Union in Foreign Affairs and Security Policy, also Vice-President of the Commission, will increase the impact, the coherence and the visibility of the EU's external action.

· A new European External Action Service will provide back up and support to the High Representative.

· A single legal personality for the Union will strengthen the Union's negotiating power, making it more effective on the world stage and a more visible partner for third countries and international organisations.

· Progress in European Security and Defence Policy will preserve special decision-making arrangements but also pave the way towards reinforced cooperation amongst a smaller group of Member States.

Accession treaties

Main article: Enlargement of the European Union

The founding treaties have also been amended (in a more limited fashion) whenever new member states acceded:

· 1973: Acts of Accession of Denmark, Ireland, Norway and the United Kingdom, signed in Brussels on 22 January 1972. (Norway refused to ratify and did not join the EU.)

· 1981: Act of Accession of Greece, signed in Athens on 28 May 1979.

· 1986: Acts of Accession of Spain and Portugal, signed in Madrid and Lisbon on 12 June 1985.

· 1995: Acts of Accession of Austria, Sweden, Finland and Norway, signed in Corfu on 24 June 1994. (Norway again failed to ratify.)

· 2004: Treaty of Accession 2003 signed in Athens on 16 April 2003 (Cyprus, Czech Republic, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Slovenia, Slovakia).

· 2007: Treaty of Accession 2005 signed in Luxembourg on 13 April 2005 (Bulgaria, Romania).

18/09/2012

Budgetary treaties

Lastly there have been two budgetary treaties:

· The Budgetary Treaty of 1970 (more fully the " Treaty amending Certain Budgetary Provisions of the Treaties establishing the European Communities and of the Treaty establishing a Single Council and a Single Commission of the European Communities "), signed in Luxembourg on 22 April 1970, gave the European Parliament the last word on what is known as " non-compulsory expenditure ". It came into force on 1 January 1971.

· The Budgetary Treaty of 1975 (more fully the " Treaty amending Certain Financial Provisions of the Treaty establishing the European Communities and of the Treaty establishing a Single Council and a Single Commission of the European Communities "), signed in Brussels on 22 July 1975, gave the European Parliament the power to reject the budget as a whole, and created the European Court of Auditors. It came into force on 1 June 1977.

Unratified treaties

The Treaty instituting a European Defence Community sought to create a pan-European defence force, combining the national armies under a supranational structure. It was signed on 27 May 1952 but the French National Assembly refused to ratify it. It was to lead to a European Political Community Treaty, which was drafted but abandoned after the failed ratification of the EDC Treaty.

The Treaty establishing a Constitution for Europe sought to consolidate, simplify and replace the existing set of overlapping treaties. It was signed on 29 October 2004 and was due to come into force on 1 November 2006, conditional on its ratification by all member states. During the process of ratification, The French (on 29 May 2005) and then the Dutch (on 1 June 2005) rejected the treaty in referendums.

Following the failed ratification of the Constitution, the Lisbon Treaty was agreed on 19 October 2007 at an informal meeting of European leaders in Lisbon. It was signed on 13 December 2007 and, following ratification during 2008, came into force in 2009.

1) The Treaty of Rome, signed by France, West Germany, Italy and Benelux (Belgium, the Netherlands and Luxembourg) on March 25, 1957, established the European Economic Community (EEC) and came into force on 1 January 1958.

Another treaty was signed the same day establishing the European Atomic Energy Community (Euratom), which came into effect on the same day as the Treaty of Rome, 1 January 1958.

Both treaties, in conjunction with the Treaty establishing the European Coal and Steel Community (the Treaty of Paris, which expired in 2001-2002), have become known as the Treaties of Rome.

To date, the original Treaty of Rome has been amended by all subsequent treaties of the European Union. The Treaty of Nice consolidated all treaties into one document, but within this the EC Treaty (the amended form of the Treaty of Rome) remains a single section with its own article numbering.

Despite subsequent treaties, especially the Treaty of Maastricht, the EC Treaty is still the legal basis for most decisions taken by the institutions of the European Union and it remains the main source of communitary legislation.





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