Development of the Treaty Framework
10 important questions on Development of the Treaty Framework
From 1957 to the mid-1980s there was only modest treaty development within the European Council. However, from the mid-1980s rounds of treaty reform were carried out every few years. Five major new treaties were conducted and brought into force. Name those five treaties:
- Single European Act, 1986.
- Maastricht Treaty, 1992.
- Amsterdam Treaty, 1997.
- Nice Treaty, 2001.
- Lisbon Treaty, 2007.
- In addition, another major treaty - Establishing a Consitution for Europe - was agreed by the governments of the member states, but it did not come into effect because of ratification problems.
The Single European Act of 1986. The SEA reached a wide range of measures. There are three important measures contained in the Act. What are those three?
- Introduction of the cooperation procedure (first steps towards real power for the European Parliament).
- Simplified the decision-making process by extending Qualified Majority Voting in the council of Ministers to new areas --> No more unanimity.
- Introduced the realization of the Single Market as an official goal (that was to be completed by 1992) based on the four freedoms: goods, capital, labour and persons.
The Treaty of Maastricht 1992 was something of a mixed bag of legal terms.
- Name five results from the Treaty of Maastricht:
- Merged the European Communities into the European Union.
- Initiated and set a timeline for the realization of a Monetary Union.
- More Qualified Majority Voting.
- Introduction of the co-decision procedure (later ordinary legislative procedure).
- Introduced the pillar structure.
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Draw the Pillar structure:
- Title II: European (Economic) Community.
- Title III: European Coal and Steel Community.
- Title IV: European Atomic Energy Community.
Second Pillar:
- Title V: Common Foreign and Security Policy.
Third Pillar:
- Title VI: Justice and Home Affairs.
> Asylum and immigration.
> Judicial Cooperation in Civil Matters.
> Judicial Cooperation in Criminal Matters.
> Police Cooperation in Criminal Matters.
It was always likely that the Amsterdam Treaty would not be as innovative or as important as either the SEA or the Maastricht Treaty. The intention from the outset was that it would essentially be a revising rather than a pioneering treaty.
However, it made substantial changes to the Treaty of Maastricht, which had been signed in 1992.
Under the Treaty of Amsterdam, member states agreed to transfer certain powers from national governments to theEuropean Parliamentacross diverse areas.
Describe the most important aspects of the Amsterdam Treaty (1997):
(5)
- Extends co-decision procedure to more policy areas (more power to the European Parliament).
- Strengthens decision-making capacities in certain JHA areas.
- Creation of the post of High Representative for the CFSP.
- Cooperation procedure was abandoned and fully replaced by the co-decision procedure.
- The European Parliament now officially had the right to approve the European Council's nomination for Commission president.
Treaty of Nice (2001):
With enlargement negotiations opening in 1998 with sex candidate countries and negotiations with another six likely to open in the near future, the Heads of Government of the member states decided at their summit that the IGC (intergovernmental conference) provided for in the Amsterdam Treaty Protocol should be convened in early 2000 and concluded by the year's end.
The composition and functioning of the institutions (contents of the Treaty).
Describe the two most important points for the Commission:
- Procedure to appoint the College of Commissioners was changed.
- Agreement on the size of the College of Commissioners.
The Treaty of NIce (2001). Institutional and voting changes.
Describe the changes for the Council of Ministers (2) and the European Parliament (1):
- The voting weights of the member states under QMV were changed.
- The threshold for a qualified majority was raised.
The European Parliament:
- Limits the size of the European Parliament to 700 MEP's.
The Constitutional Treaty
The Laeken Declaration declared that the soon-to-be enlarged European Union needed to become "more democratic, more transparent and more efficient. The Union also needed to resolve three major issues:
- Distance between the European Union and its citizens.
- Organization of politics and the European political area in a bigger European Union.
- Development of the European Union into a stabilizing factor on the world stage.
The Constitutional Treaty (2001 - 2005)
The Constitutional Treaty would have replaced the EU's existing treaties - that is, the TEU, the TEC and the Euratom Treaty in their post-Nice forms - with a single treaty.
The Constitutional treaty was not enacted. Provide three developments:
- Ratification by parliamentary vote or referendum.
- The referendum in France & the Netherlands led to the rejection of the treaty.
- First signs of a new wave of Euroscepticism.
Describe the Lisbon Treaty (2007):
- The Constitutional Treaty was altered into the Lisbon Treaty but made more acceptable to citizens..
The Lisbon Treaty, entered into force on 1 December 2009: Almost eight years after the start of the treaty-making round at the December 2001 Laeken summit.
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