On 8 December 2009, EPHA organised a training session on the main changes brought about by the entry into force of the Lisbon treaty.
Summary of the training
The Lisbon Treaty entered into force on 1 December 2009. Although it mainly brings institutional changes to the functioning of the European Union, it will also have an impact on the content and elaboration of future policies.
A new name for the Treaties
The Lisbon treaty amends existing treaties without merging them. The Treaties will now be entitled “Treaty on European Union” -TEU- (defining the principles and institutions of the EU, essentially the Treaty of Maastricht) and “Treaty on the Functioning of the European Union” -TFEU- (describing policies, essentially the Treaty of Rome) in their consolidated versions.
Public Health will be addressed by article 168 TFEU, which replaces previous article 152 EC. There are several relevant changes both in terms of content and processes, which are explained in detail here.
Protection of Fundamental Rights
Although not included as such in the text of the treaties, the Charter of Fundamental Rights becomes binding and is given the same legal value as the treaties. The Charter of Fundamental Rights sets out a number of rights, freedoms and principles that the European Union Institutions must respect in their actions. It was adopted on 7 December 2000 and adapted on 12 December 2007.
This is very important for the health community, as article 35 of the Charter reads:
“Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all the Union’s policies and activities.”
Legal personality
With Lisbon the European Union gains legal personality. One noticeable consequence is that Member States will only be able to sign international treaties which are in line with the EU.
Civil society involvement
The new article 11 TEU introduces an obligation to consult civil society organisations in the policy-making process: the institutions shall “give citizens and representative associations the
opportunity to make known and publicly exchange their views in all areas of Union action”, “maintain an open, transparent and regular dialogue with representative associations and civil society”, and “carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent”.
However there will be a need to define more clearly the scope of “representative associations,” to which this article refers.
Additionally article 11 creates the right of initiative for one million citizens to ask the European Commission to submit a proposal on a specific topic.
Institutional changes
The European Council
The European Council is the body which gathers the 27 Heads of States and Governments. Under the Lisbon treaty the European Council will become an institution, led by a President elected for a two-and-a-half year mandate renewable once. Herman Van Rompuy has been appointed as the first President of the European Council on 19 November 2009.
The High Representative for Foreign Affairs
The High Representative for Foreign Affairs is also a newly created position, being both the Vice-President of the European Commission and the chair of the Council of Foreign Affairs Ministers. The High Representative heads the European External Action Service, a new structure responsible for external relations, security and immigration issues. Development policy remains under the responsibility of a separate Commissioner but close cooperation with the High Representative is foreseen.
Catherine Ashton has been appointed as the first High Representative for Foreign Affairs of the EU.
The Council
The Council of the European Union, the institution gathering EU ministers is renamed Council of Ministers. The Council of Ministers remains the formal co-legislator of the European Union together with the European Parliament.
The different formation of the Council of Ministers will be run in different ways: while the External Affairs Council will be chaired by the High Representative for Foreign Affairs, other sectoral Councils will be chaired by the rotating trio presidency (a pre-established group of three Member States). Each member of the trio chairs for six months the work of the Council, on the basis of a common 18-month programme.
The European Commission
Following an agreement at the European Council in December 2008, the European Commission will remain composed of one Commissioner per Member State.
The European Parliament
The number of members of the European Parliament will increase from the current 736 members to 751 members. However, due to the transition from Nice provisions to Lisbon, the European Parliament will count 754 members until 2014.
Other changes in legislative processes
The ordinary legislative procedure
The co-decision procedure is renamed “ordinary legislative procedure”, and will be extended to many subjects including agriculture and transport matters, structural funds, as well as justice and home affairs (the former 3rd pillar). The European Parliament will therefore gain additional powers, together with more control over the EU budget.
New competences
The EU will also gain competence in the field of sports and intellectual property.
Involvement of national parliaments
The Lisbon treaty will also increase the involvement of national parliaments, as article 7 provides for an eight-week period for national parliaments to comment on legislative proposals.
If one third of national parliaments object on the ground of a breach of subsidiarity, the “yellow card” mechanism extends the period.
When the objection is maintained, the “orange card” mechanism requires the Commission to refer it to the Council and European Parliament.
This new mechanism might be an additional means to influence EU policy-making at national level.
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For further information
– Text of the Charter of Fundamental Rights of the European Union
EPHA related articles
– [->3362]
– [->3747]