After a look at media reporting about the Danish presidency of the Council of the European Union, the euroblogger Jon Worth pronounced ”perhaps not stellar, but at least there is some online discussion about the Press Trip and the launch of the Presidency”.
UK official blogging (FCO Blogs)
You can check Worth's blog for several entries about the press trip and the Danish presidency. He proceeded to give sound blogging advice to the presidency blog launched by the Copenhagen British Embassy (FCO Blogs), based on the post by the UK ambassador Nick Archer about the beginning of the Danish presidency.
According to the ambassador, the prime minister and the deputy prime minister of the United Kingdom are passionate enough about some of the (thirty plus) policies of the European Union to abstain from heading for the exit, namely growth, jobs, Single Market and free trade.
Linking and engaging
I am not going to start providing photos, but let us take Jon Worth's blogging lesson about linking and engaging (discussing) seriously, just adding that substance and sources have a role in political and legal affairs.
It may be somewhat self-centred to start by linking to myself before beginning the wider media tour, but my blog posts present and discuss the Danish priorities and make references to primary sources, while occasionally linking to news reports and media comments, including blog entries.
Grahnblawg (SV): Ekonomisk politik under pågående kris: Danmark ordförande i EU:s råd
Grahnlaw (EN): Growth and jobs: Denmark's EU Council presidency
Eurooppaoikeus (FI): Tanska vesijohtovedellä maineeseen: Painotukset EU:n neuvoston puheenjohtajana
Grahnblawg (SV): Danmark första gröna ordförandeskapet för EU:s råd?
Grahnlaw (EN): A safe Europe a priority Denmark has opted out of
Grahnlaw (EN): EU Council presidency with opt-outs
Grahnlaw (EN): Thorny questions for Denmark and EU Council
Eurooppaoikeus (FI): Tanska: neljän prioriteetin ja poikkeuksen paradoksi EU:ssa
***
Far from stellar, but an introduction to the next six months of monitoring. In part 2/2 I am going to look at some of the news and opinion I have noticed and gathered for my readers with regard to the EU Council presidency of Denmark.
Ralf Grahn
Showing posts with label FCO. Show all posts
Showing posts with label FCO. Show all posts
Saturday, 14 January 2012
Friday, 18 September 2009
What the Lisbon Treaty changes (for Ireland)
On Bloggers for Europe, Jason O’Mahony wrote a post called ”5 Reasons to vote yes including a polar bear. And the Da Vinci Code” (15 September 2009).
O’Mahony’s fourth point made the following statement about the Lisbon Treaty:
“It improves the EU in loads of technical ways which you really don't want me to list here. I mean, we'll get them for you if you want, but only if you promise to read them. There'll be a test.”
***
Unfazed by the humoristic vein, two readers asked to see the list (without promising to read it or to take part in the test).
Let me say that there is a wealth of information out there about the differences and similarities between the existing Treaty of Nice and the amending Treaty of Lisbon (including the novel Irish guarantees), but it may be better to take up the challenge by the readers than to allow the impression that the task is impossible.
If there is demand for a detailed view, it should be satisfied, although it is easy to see why the comments section of a blog post is not the ideal location.
The briefest detailed list I can remember is the Foreign and Commonwealth Office’s (FCO; London) Command paper 7311 “A comparative table of the current EC and EU Treaties as amended by the Treaty of Lisbon” (January 2008).
For the technically inclined, the FCO managed to present the changes and similarities in telegraphic style on a mere 36 pages.
***
Having sifted through most of the amending Lisbon Treaty on my blog, Article by Article, I would say that the main issue concerning the Lisbon Treaty referendum is the following:
Do the Irish want to be fully engaged in a slightly improved and marginally more democratic European Union, as agreed between 27 national governments and approved by 26 national parliaments, or do they prefer to play into the hands of isolationist anti-European English Tories and UKIP Europhobes?
In addition to the institutional reforms and some substantial enhancements, the consolidated Lisbon Treaty improves the structure and readability compared to the Nice Treaty, by a more systematic approach and by cutting out deadwood, but that is primarily for the technically inclined.
Ralf Grahn
O’Mahony’s fourth point made the following statement about the Lisbon Treaty:
“It improves the EU in loads of technical ways which you really don't want me to list here. I mean, we'll get them for you if you want, but only if you promise to read them. There'll be a test.”
***
Unfazed by the humoristic vein, two readers asked to see the list (without promising to read it or to take part in the test).
Let me say that there is a wealth of information out there about the differences and similarities between the existing Treaty of Nice and the amending Treaty of Lisbon (including the novel Irish guarantees), but it may be better to take up the challenge by the readers than to allow the impression that the task is impossible.
If there is demand for a detailed view, it should be satisfied, although it is easy to see why the comments section of a blog post is not the ideal location.
The briefest detailed list I can remember is the Foreign and Commonwealth Office’s (FCO; London) Command paper 7311 “A comparative table of the current EC and EU Treaties as amended by the Treaty of Lisbon” (January 2008).
For the technically inclined, the FCO managed to present the changes and similarities in telegraphic style on a mere 36 pages.
***
Having sifted through most of the amending Lisbon Treaty on my blog, Article by Article, I would say that the main issue concerning the Lisbon Treaty referendum is the following:
Do the Irish want to be fully engaged in a slightly improved and marginally more democratic European Union, as agreed between 27 national governments and approved by 26 national parliaments, or do they prefer to play into the hands of isolationist anti-European English Tories and UKIP Europhobes?
In addition to the institutional reforms and some substantial enhancements, the consolidated Lisbon Treaty improves the structure and readability compared to the Nice Treaty, by a more systematic approach and by cutting out deadwood, but that is primarily for the technically inclined.
Ralf Grahn
Monday, 23 March 2009
Gibraltar & Lisbon Treaty
A while back I wrote that the UK Foreign and Commonwealth Office and Gibraltar have not answered my questions about possible approval of the EU Treaty of Lisbon in Gibraltar.
The geographical scope - Article 355(3) and (4) TFEU - includes the Aland Islands and Gibraltar (additionally Declaration 55), but the Wikipedia article on the Lisbon Treaty reports that these territories with self-rule are to decide on the applicability in their territories.
The Wikipedia information is correct as to Aland, but I had failed to find information to confirm or deny that Gibraltar would need to approve the Lisbon Treaty.
***
Today I received an answer from the Minister of Justice of Gibraltar D A Feetham, saying that Gibraltar is part of the European Union by virtue of UK membership on the basis that the UK is responsible for the external affairs of the territory. Gibraltar is not a Member State and does not ratify treaties.
Once the Lisbon Treaty is ratified by the UK it will then be applicable to Gibraltar.
***
I am grateful for the response.
A few remarks:
The answer is official, so the editors of the Wikipedia article on the Lisbon Treaty need to take the position into account.
The autonomy of the Aland Islands is roughly comparable, but there the treaty needs to be approved with regard to its territory and the policy areas pertaining to self rule (and my question did not imply formal ratification).
The answer does not contain any legal references, but if someone has more exact information to share, I am grateful.
The concept ‘external affairs’ is given a wide interpretation for direct applicability, given the subject matter of the EU treaties (a number of internal policy areas, some of which probably are included in Gibraltarian self-rule).
The United Kingdom has ratified the Treaty of Lisbon, so its entry into force awaits the final ratifications by the last member states.
The UK FCO has not responded yet.
Ralf Grahn
The geographical scope - Article 355(3) and (4) TFEU - includes the Aland Islands and Gibraltar (additionally Declaration 55), but the Wikipedia article on the Lisbon Treaty reports that these territories with self-rule are to decide on the applicability in their territories.
The Wikipedia information is correct as to Aland, but I had failed to find information to confirm or deny that Gibraltar would need to approve the Lisbon Treaty.
***
Today I received an answer from the Minister of Justice of Gibraltar D A Feetham, saying that Gibraltar is part of the European Union by virtue of UK membership on the basis that the UK is responsible for the external affairs of the territory. Gibraltar is not a Member State and does not ratify treaties.
Once the Lisbon Treaty is ratified by the UK it will then be applicable to Gibraltar.
***
I am grateful for the response.
A few remarks:
The answer is official, so the editors of the Wikipedia article on the Lisbon Treaty need to take the position into account.
The autonomy of the Aland Islands is roughly comparable, but there the treaty needs to be approved with regard to its territory and the policy areas pertaining to self rule (and my question did not imply formal ratification).
The answer does not contain any legal references, but if someone has more exact information to share, I am grateful.
The concept ‘external affairs’ is given a wide interpretation for direct applicability, given the subject matter of the EU treaties (a number of internal policy areas, some of which probably are included in Gibraltarian self-rule).
The United Kingdom has ratified the Treaty of Lisbon, so its entry into force awaits the final ratifications by the last member states.
The UK FCO has not responded yet.
Ralf Grahn
Saturday, 14 March 2009
UK FCO and Gibraltar: Responsive government?
Good governance, Government 2.0 and responsiveness may appear in politicians’ speeches, but how are things on the ground?
My two latest test cases concern the EU Treaty of Lisbon and the position of Gibraltar.
***
GIBRALTAR
Way back, I sent an e-mail to the Gibraltar government’s office in London asking if the Lisbon Treaty needs approval by Gibraltar (as indicated by the Wikipedia article on the treaty) and on the plans to deal with the question.
After a while I received a response telling me that the question had been referred to someone in the Gibraltar government, who would get back to me with an answer as soon as possible.
A few more weeks went by, so I decided to make a new enquiry. The only suitable contact address I found on the net was the Citizens’ Advice Bureau.
Three more weeks passed. I wrote a reminder to the Bureau, and this time I received a reply wondering how I hadn’t received their answer of 27 February 2009. Anyway, they gave me the advice to contact the local Ministry of Justice (something beyond their capacity?).
Well, I e-mailed my query to the Ministry of Justice of Gibraltar, but this time I decided to publish my observations after only one and a half working days:
Nada.
***
UK Foreign and Commonwealth Office (FCO)
On 18 February 2009 I sent the following question to the UK Foreign and Commonwealth Office (FCO) in London to the e-mail address specifically mentioned for questions Gibraltarian:
enquiry.gibraltar@fco.gov.uk
Sir / Madam,
I present the contents of the EU Treaty of Lisbon on my blog and I have followed the ratification procedures. The geographical scope - Article 355(3) and (4) TFEU - includes the Aland Islands and Gibraltar (additionally Declaration 55), but the Wikipedia article on the Lisbon Treaty reports that these territories with self-rule are to decide on the applicability in their territories.
The Wikipedia information is correct as to Aland, but I have failed to find information to confirm or deny that Gibraltar would need to approve the Lisbon Treaty.
Could you kindly fill me in on that?
In case Gibraltar will make a decision, I would be grateful for exact information, such as possible proposals, acts or memos on the matter, as well as an estimate of when a decision might be taken.
I thank you in acvance for your time and trouble.
Sincerely,
Ralf Grahn
***
Three weeks later, having received no answer I sent a reminder to the FCO at the same address, telling them that I would publish my findings.
Admittedly somewhat impatient by now, only one and a half working days later, this is it:
No reply.
***
I am still interested in the position of Gibraltar and its self-rule with regard to the Lisbon Treaty, so if someone is able to give me useful information, I am grateful.
But I am fascinated by the responsiveness of Her Majesty’s government (known for mislaying sensitive information which should be kept secret), but seemingly incapable of delivering timely answers to simple questions.
My special thanks go to the FCO and the government of Gibraltar for bringing this home.
The next time I hear some minister utter good governance, Government 2.0 or responsive, guess what my reaction is going to be?
I am going to check if we live on the same planet.
Ralf Grahn
My two latest test cases concern the EU Treaty of Lisbon and the position of Gibraltar.
***
GIBRALTAR
Way back, I sent an e-mail to the Gibraltar government’s office in London asking if the Lisbon Treaty needs approval by Gibraltar (as indicated by the Wikipedia article on the treaty) and on the plans to deal with the question.
After a while I received a response telling me that the question had been referred to someone in the Gibraltar government, who would get back to me with an answer as soon as possible.
A few more weeks went by, so I decided to make a new enquiry. The only suitable contact address I found on the net was the Citizens’ Advice Bureau.
Three more weeks passed. I wrote a reminder to the Bureau, and this time I received a reply wondering how I hadn’t received their answer of 27 February 2009. Anyway, they gave me the advice to contact the local Ministry of Justice (something beyond their capacity?).
Well, I e-mailed my query to the Ministry of Justice of Gibraltar, but this time I decided to publish my observations after only one and a half working days:
Nada.
***
UK Foreign and Commonwealth Office (FCO)
On 18 February 2009 I sent the following question to the UK Foreign and Commonwealth Office (FCO) in London to the e-mail address specifically mentioned for questions Gibraltarian:
enquiry.gibraltar@fco.gov.uk
Sir / Madam,
I present the contents of the EU Treaty of Lisbon on my blog and I have followed the ratification procedures. The geographical scope - Article 355(3) and (4) TFEU - includes the Aland Islands and Gibraltar (additionally Declaration 55), but the Wikipedia article on the Lisbon Treaty reports that these territories with self-rule are to decide on the applicability in their territories.
The Wikipedia information is correct as to Aland, but I have failed to find information to confirm or deny that Gibraltar would need to approve the Lisbon Treaty.
Could you kindly fill me in on that?
In case Gibraltar will make a decision, I would be grateful for exact information, such as possible proposals, acts or memos on the matter, as well as an estimate of when a decision might be taken.
I thank you in acvance for your time and trouble.
Sincerely,
Ralf Grahn
***
Three weeks later, having received no answer I sent a reminder to the FCO at the same address, telling them that I would publish my findings.
Admittedly somewhat impatient by now, only one and a half working days later, this is it:
No reply.
***
I am still interested in the position of Gibraltar and its self-rule with regard to the Lisbon Treaty, so if someone is able to give me useful information, I am grateful.
But I am fascinated by the responsiveness of Her Majesty’s government (known for mislaying sensitive information which should be kept secret), but seemingly incapable of delivering timely answers to simple questions.
My special thanks go to the FCO and the government of Gibraltar for bringing this home.
The next time I hear some minister utter good governance, Government 2.0 or responsive, guess what my reaction is going to be?
I am going to check if we live on the same planet.
Ralf Grahn
Thursday, 25 September 2008
EU: Broad economic policy guidelines V
What has been said about Article 121 TFEU? Here are some references for the eager reader.
United Kingdom
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 numbering of Article 99 TFEU (ToL), to be renumbered Article 121 TFEU in the consolidated version, and highlighted the changes, with the following comment (page 6):
“The co-decision procedure is extended to this Article, in place of the ‘cooperation’ procedure (a halfway house between consultation and co-decision, which is to be abolished). The amendment to paragraph 4 gives the Commission a new power to address a warning to the Member State concerned, and the Member State which is the subject of a procedure may not vote.”
The analysis 3.4 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
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 121 TFEU, Article 99 TFEU (ToL) in the original Lisbon Treaty (page 12):
“Draws on Article 99 TEC. New power for Commission to issue a warning to Member States, and the Member State concerned is excluded from voting. Paragraph 6 QMV already applies, decision-making moves to co-decision.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
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.
Article 99 TFEU (ToL) was given the following explanation, on page 61:
“In amended Article 99 (Constitution Article III-179) the Commission may now “address a warning” to Member States if they are not following the broad economic guidelines. This is in addition to the Council being able to make recommendations to the Member State in question, a right which currently exists. The vote of the Member State being considered will not be counted in the Council and in the OLP to be used for mulitilateral surveillance rules a qualified majority will be defined under Article 205(3)(a) of the TFEU (at least 55% of the other voting Council members, representing Member States comprising at least 65% of the population of voting Council members).”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
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) is a valuable resource on the Treaty of Lisbon, but it mentioned economic policies only in passing.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
The next part will add some comments and materials.
Ralf Grahn
United Kingdom
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 numbering of Article 99 TFEU (ToL), to be renumbered Article 121 TFEU in the consolidated version, and highlighted the changes, with the following comment (page 6):
“The co-decision procedure is extended to this Article, in place of the ‘cooperation’ procedure (a halfway house between consultation and co-decision, which is to be abolished). The amendment to paragraph 4 gives the Commission a new power to address a warning to the Member State concerned, and the Member State which is the subject of a procedure may not vote.”
The analysis 3.4 and other useful Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
***
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 121 TFEU, Article 99 TFEU (ToL) in the original Lisbon Treaty (page 12):
“Draws on Article 99 TEC. New power for Commission to issue a warning to Member States, and the Member State concerned is excluded from voting. Paragraph 6 QMV already applies, decision-making moves to co-decision.”
The FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
***
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.
Article 99 TFEU (ToL) was given the following explanation, on page 61:
“In amended Article 99 (Constitution Article III-179) the Commission may now “address a warning” to Member States if they are not following the broad economic guidelines. This is in addition to the Council being able to make recommendations to the Member State in question, a right which currently exists. The vote of the Member State being considered will not be counted in the Council and in the OLP to be used for mulitilateral surveillance rules a qualified majority will be defined under Article 205(3)(a) of the TFEU (at least 55% of the other voting Council members, representing Member States comprising at least 65% of the population of voting Council members).”
The Library Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
***
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) is a valuable resource on the Treaty of Lisbon, but it mentioned economic policies only in passing.
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
The next part will add some comments and materials.
Ralf Grahn
Sunday, 4 May 2008
EU TFEU: Solidarity clause: Borders, asylum and immigration
The EU Treaty of Lisbon evokes the principle of solidarity and fair sharing of responsibility with regard to the policies on border checks, asylum and immigration.
The countries managing the eastern and southern external borders of the European Union feel the pressures on a daily basis, but failures at the borders have consequences for the whole Union.
***
Article 80 of the Treaty on the Functioning of the European Union (TFEU) evokes the principle of solidarity between member states in the policies concerning border checks, asylum and immigration. The Article is presented as it stands after the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL), then renumbered and provisionally consolidated by the Council of the European Union (document 6655/08; page 102), with the location of the provision added from the table of equivalences (page 460 to 463):
Part Three ‘Policies and internal actions of the Union’
Title V TFEU ‘Area of freedom, security and justice’
Chapter 2 ‘Policies on border checks, asylum and immigration’
Article 80 TFEU
The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.
***
In Article 2, point 65, of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) agreed on the wording (as above) of the new Article 63b TFEU (ToL), which became Article 80 TFEU after renumbering in the consolidated version (OJ 17.12.2007 C 306/58, 61, 209).
**
According to the tables of equivalences in the Treaty of Lisbon and the Council’s consolidated version and under the Article number, there is no corresponding Article in the current Treaty establishing the European Community (TEC).
***
The European Convention proposed the following Article III-169 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/59):
Article III-169 Draft Constitution
The policies of the Union set out in this Section and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the acts of the Union adopted pursuant to this Section shall contain appropriate measures to give effect to this principle.
***
Article III-268 of the Treaty establishing a Constitution for Europe replaced ‘acts of the Union’ by ‘Union acts’, but made no other change (OJ 16.12.2004 C 310/116).
Between the Constitutional Treaty and the Treaty of Lisbon, only the general replacement of ‘Section’ by ‘Chapter’ has taken place.
In essence, the solidarity clause is the child of the European Convention, although it has been shifted between two IGC foster homes.
***
Let us check our conclusions this far against ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008), by the UK Foreign and Commonwealth Office (FCO). The comparative table offers the following quick view of Article 80 TFEU, before renumbering Article 63b ToL TFEU:
“Draws on Article 63(2)(b) TEC, but extends the principles of burden sharing and solidarity between Member States to all EU measures based on Chapter 2.”
The useful FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
This gives us cause to look at the current Article 63, point 2b, TEC. In the latest consolidated version of the existing treaties, we find the following words (OJ 29.12.2006 C 321 E/67):
“The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt:
---
2. measures on refugees and displaced persons within the following areas:
---
(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons;”
---
Admittedly, the FCO can point to the germ of the idea of burden sharing at the treaty level, although the link is rather weak.
On the other hand, it is just as easy to understand that the drafters of the TFEU have indicated no corresponding TEC provision. In the same vein, 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; page 37) concluded:
“Article 63b (Constitution Article III-268) requires that the principle of solidarity and the “fair sharing of responsibility” be observed in this area. This is new and has no equivalent in Title IV TEC.”
The Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
Likewise, Steve Peers commented in Statewatch analysis ‘EU Reform Treaty: Analysis 1: Version 3 JHA provisions’ (22 October 2007) on what was to become Article 63b ToL, Article 80 TFEU:
“This provision is new as compared to the current Treaty.”
This and other Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
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) discussed ‘Borders, asylum, immigration and visas’ on pages 133 to 137. The report concluded on page 135:
“6.121. New Article 80 provides that the Union’s policies in this Chapter and their implementation “shall be governed by the principle of solidarity and fair sharing of responsibility”. This appears to strengthen the existing Article 63(2)(b) provision which provides for measures promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons.”
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Regardless of the novelty or not of the treaty level provision, in the real world, however, the member states managing the EU’s external borders bear the brunt of monitoring the borders and carrying out the necessary border checks, handling applications for asylum and stemming the flood of illegal immigrants and combating the trafficking in human beings.
Therefore, especially for the member states with the eastern and southern borders of the European Union, the questions of solidarity and a fair sharing of burdens are evoked on a daily basis. In the absence of internal border checks, immigrants – legal and illegal – can move freely once inside the EU. Failures at the external borders or unilateral moves like mass naturalisations have consequences for the rest of the European Union. There are causes for concerted action and the sharing of burdens.
As the UK House of Lords European Union Committee stated on the proposed solidarity principle in its report ‘FRONTEX: the EU external borders agency’ (published 5 March 2008, HL Paper 60, page 37):
“We do not think the Member States need wait until 1 January 2009, when it is planned that this provision will come into force, before giving effect to its principles.”
The FRONTEX report is available at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/60/60.pdf
Ralf Grahn
The countries managing the eastern and southern external borders of the European Union feel the pressures on a daily basis, but failures at the borders have consequences for the whole Union.
***
Article 80 of the Treaty on the Functioning of the European Union (TFEU) evokes the principle of solidarity between member states in the policies concerning border checks, asylum and immigration. The Article is presented as it stands after the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL), then renumbered and provisionally consolidated by the Council of the European Union (document 6655/08; page 102), with the location of the provision added from the table of equivalences (page 460 to 463):
Part Three ‘Policies and internal actions of the Union’
Title V TFEU ‘Area of freedom, security and justice’
Chapter 2 ‘Policies on border checks, asylum and immigration’
Article 80 TFEU
The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.
***
In Article 2, point 65, of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) agreed on the wording (as above) of the new Article 63b TFEU (ToL), which became Article 80 TFEU after renumbering in the consolidated version (OJ 17.12.2007 C 306/58, 61, 209).
**
According to the tables of equivalences in the Treaty of Lisbon and the Council’s consolidated version and under the Article number, there is no corresponding Article in the current Treaty establishing the European Community (TEC).
***
The European Convention proposed the following Article III-169 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/59):
Article III-169 Draft Constitution
The policies of the Union set out in this Section and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the acts of the Union adopted pursuant to this Section shall contain appropriate measures to give effect to this principle.
***
Article III-268 of the Treaty establishing a Constitution for Europe replaced ‘acts of the Union’ by ‘Union acts’, but made no other change (OJ 16.12.2004 C 310/116).
Between the Constitutional Treaty and the Treaty of Lisbon, only the general replacement of ‘Section’ by ‘Chapter’ has taken place.
In essence, the solidarity clause is the child of the European Convention, although it has been shifted between two IGC foster homes.
***
Let us check our conclusions this far against ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008), by the UK Foreign and Commonwealth Office (FCO). The comparative table offers the following quick view of Article 80 TFEU, before renumbering Article 63b ToL TFEU:
“Draws on Article 63(2)(b) TEC, but extends the principles of burden sharing and solidarity between Member States to all EU measures based on Chapter 2.”
The useful FCO comparative table is available at:
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
This gives us cause to look at the current Article 63, point 2b, TEC. In the latest consolidated version of the existing treaties, we find the following words (OJ 29.12.2006 C 321 E/67):
“The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt:
---
2. measures on refugees and displaced persons within the following areas:
---
(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons;”
---
Admittedly, the FCO can point to the germ of the idea of burden sharing at the treaty level, although the link is rather weak.
On the other hand, it is just as easy to understand that the drafters of the TFEU have indicated no corresponding TEC provision. In the same vein, 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; page 37) concluded:
“Article 63b (Constitution Article III-268) requires that the principle of solidarity and the “fair sharing of responsibility” be observed in this area. This is new and has no equivalent in Title IV TEC.”
The Research Paper 07/86 is available at:
http://www.parliament.uk/commons/lib/research/rp2007/rp07-086.pdf
Likewise, Steve Peers commented in Statewatch analysis ‘EU Reform Treaty: Analysis 1: Version 3 JHA provisions’ (22 October 2007) on what was to become Article 63b ToL, Article 80 TFEU:
“This provision is new as compared to the current Treaty.”
This and other Statewatch analyses are available through:
http://www.statewatch.org/euconstitution.htm
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) discussed ‘Borders, asylum, immigration and visas’ on pages 133 to 137. The report concluded on page 135:
“6.121. New Article 80 provides that the Union’s policies in this Chapter and their implementation “shall be governed by the principle of solidarity and fair sharing of responsibility”. This appears to strengthen the existing Article 63(2)(b) provision which provides for measures promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons.”
The report is accessible at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/62/62.pdf
***
Regardless of the novelty or not of the treaty level provision, in the real world, however, the member states managing the EU’s external borders bear the brunt of monitoring the borders and carrying out the necessary border checks, handling applications for asylum and stemming the flood of illegal immigrants and combating the trafficking in human beings.
Therefore, especially for the member states with the eastern and southern borders of the European Union, the questions of solidarity and a fair sharing of burdens are evoked on a daily basis. In the absence of internal border checks, immigrants – legal and illegal – can move freely once inside the EU. Failures at the external borders or unilateral moves like mass naturalisations have consequences for the rest of the European Union. There are causes for concerted action and the sharing of burdens.
As the UK House of Lords European Union Committee stated on the proposed solidarity principle in its report ‘FRONTEX: the EU external borders agency’ (published 5 March 2008, HL Paper 60, page 37):
“We do not think the Member States need wait until 1 January 2009, when it is planned that this provision will come into force, before giving effect to its principles.”
The FRONTEX report is available at:
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/60/60.pdf
Ralf Grahn
Wednesday, 23 January 2008
British consolidated Lisbon Treaty
The UK Foreign and Commonwealth Office has published a consolidated version of the Treaty of Lisbon. The ratification debate in the House of Commons started this week and is expected to continue for four more weeks.
The FCO web pages on Britain in the EU contain both general information on the Reform Treaty and answers on specific questions in addition to the consolidation I just mentioned. For the consolidated version of the Lisbon Treaty, go to:
http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf
***
There are other consolidated English language versions of the Lisbon Treaty. Here is a reminder:
IIEA
Peadar ó Broin at the Institute of International and European Affairs (Dublin, Ireland) has produced a complete consolidation of the amended treaties, including the protocols and annexes, in a format easy to read
Treaty on European Union
Treaty on the Functioning of the European Union
Annexes to the EU and FEU Treaties
Protocols to the EU and FEU Treaties and, where appropriate, to the EAEC Treaty
Go to http://www.iiea.com/
Statewatch
Professor Steve Peers has painstakingly compiled a version consisting of several files for the Statewatch Observatory on the EU Constitution and the Reform Treaty, where likenesses and differences between the different reform stages are highlighted
Go to http://www.statewatch.org/
Markus Walther
Markus Walther, a German student who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, has posted an English readable consolidated version as well (a preliminary document without protocols and charter).
Go to http://www.mwalther.net/europa/eulaw-lisbon-mwalther.pdf
Open Europe
Open Europe has produced a consolidated version with the Treaty of Lisbon and the Treaty establishing a Constitution for Europe presented side by side for convenient comparison.
Open Europe: The Lisbon Treaty and the European Constitution: A side-by-side comparison; January 2008;
Go to http://www.openeurope.org.uk/research/comparative.pdf
***
I refer those who look for other language versions to my earlier posts.
Ralf Grahn
P.S The FCO has also published Command Paper 7311 A comparative table of the current EC and EU Treaties as amended by the treaty of Lisbon, which briefly sets out the similarities and differences between the Lisbon Treaty and the other relevant Treaties. Available through the Official Documents web page (as is Cm 7310 mentioned above):
http://www.official-documents.gov.uk/
The FCO web pages on Britain in the EU contain both general information on the Reform Treaty and answers on specific questions in addition to the consolidation I just mentioned. For the consolidated version of the Lisbon Treaty, go to:
http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf
***
There are other consolidated English language versions of the Lisbon Treaty. Here is a reminder:
IIEA
Peadar ó Broin at the Institute of International and European Affairs (Dublin, Ireland) has produced a complete consolidation of the amended treaties, including the protocols and annexes, in a format easy to read
Treaty on European Union
Treaty on the Functioning of the European Union
Annexes to the EU and FEU Treaties
Protocols to the EU and FEU Treaties and, where appropriate, to the EAEC Treaty
Go to http://www.iiea.com/
Statewatch
Professor Steve Peers has painstakingly compiled a version consisting of several files for the Statewatch Observatory on the EU Constitution and the Reform Treaty, where likenesses and differences between the different reform stages are highlighted
Go to http://www.statewatch.org/
Markus Walther
Markus Walther, a German student who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, has posted an English readable consolidated version as well (a preliminary document without protocols and charter).
Go to http://www.mwalther.net/europa/eulaw-lisbon-mwalther.pdf
Open Europe
Open Europe has produced a consolidated version with the Treaty of Lisbon and the Treaty establishing a Constitution for Europe presented side by side for convenient comparison.
Open Europe: The Lisbon Treaty and the European Constitution: A side-by-side comparison; January 2008;
Go to http://www.openeurope.org.uk/research/comparative.pdf
***
I refer those who look for other language versions to my earlier posts.
Ralf Grahn
P.S The FCO has also published Command Paper 7311 A comparative table of the current EC and EU Treaties as amended by the treaty of Lisbon, which briefly sets out the similarities and differences between the Lisbon Treaty and the other relevant Treaties. Available through the Official Documents web page (as is Cm 7310 mentioned above):
http://www.official-documents.gov.uk/
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