Saturday, 4 October 2008

EU: No-bailout rule V

What, if anything, has been said about the amendments concerning Article 125 of the Treaty on the Functioning of the European Union (TFEU)?



Professor Steve Peers covered the Treaty of Lisbon in a number of Statewatch Analyses. ‘EU Reform Treaty Analysis no. 3.4: Revised text of Part Three, Titles VII to XVII of the Treaty establishing the European Community (TEC): Other internal EC policies’ (Version 2, 24 October 2007) includes the current Title VII Economic and monetary policy.

Peers presented the text of Article 103 TFEU (ToL), to be renumbered Article 125 TFEU in the consolidated version, and highlighted the changes [except the small slip that ‘Community’ was not replaced by ‘Union’]. He offered the following comment (page 8):

“The consultation procedure will apply to this Article (along with Articles 101 and 102), in place of the ‘cooperation’ procedure. The measures concerned shall not constitute legislative acts. This entails a downgrade of the EP’s role here.”

The analysis 3.4 and other useful Statewatch analyses are available through:



The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). It offers the following comment on Article 125 TFEU, Article 103 TFEU (ToL) in the original Lisbon Treaty (page 12):

“Draws on Article 103 TEC. Paragraph 2 replaces the cooperation procedure with consultation with the EP.”

The FCO comparative table is available at:


House of Commons Library

The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) discussed ‘H. Economic and Monetary Policy’ on pages 61 to 64, but I found nothing on Article 103 TFEU (ToL).

The Library Research Paper 07/86 is available at:


House of Lords

I found nothing on Article 103 TFEU (ToL) or 125 TFEU in the House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008), but the Glossary offered a brief explanation of ‘Consultation’, on page 297:

“Consultation (of the European Parliament): a procedure which requires the Council to consult the EP and take its views into account before voting on a Commission proposal.”

[For a somewhat different take on the consultation procedure, read the following post.]

The impact assessment report is accessible at:


The following post is going to present additional legislative materials on Article 125 TFEU.

Ralf Grahn