People continue to arrive at this blog while looking for a consolidated version of the Treaty of Lisbon, and often they have been referred by a search engine to an older post on consolidated versions or the lack of such.
It seems to take a while for the word to spread that the Council has, at last, published consolidated versions of the amended treaties.
At the same time, below are the main resources concerning the treaty reform process post Nice.
***
New TEU and TFEU
The Council’s provisional consolidated version of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) has been available since 16 April 2008. Go to the following Lisbon Treaty web page and choose your preferred treaty language (out of 23):
http://consilium.europa.eu/cms3_fo/showPage.asp?id=1296&lang=en
***
Original Treaty of Lisbon
The original unconsolidated Treaty of Lisbon (ToL) with the amendments to the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007, was published in the Official Journal of the European Union, OJ 17.12.2007 C 306/1.
The amending Lisbon Treaty is available in 23 treaty languages through:
http://eur-lex.europa.eu/JOIndex.do?year=2007&serie=C&textfield2=306&Submit=Search&_submit=Search&ihmlang=en
***
Current TEU and TEC
Until the Lisbon Treaty amendments enter into force, the European Union and the European Community continue to work according to the Nice and accession treaties. In addition to being the legislation in force, the current treaties form the basis for comparison with the proposed changes.
The latest consolidated versions of the Treaty on European Union (TEU) and of the Treaty establishing the European Community (TEC) have been published in the Official Journal of the European Union, OJ 29.12.2006 C 321 E/1.
For the consolidated treaties in force in your preferred language version among the then 21 treaty languages (Bulgarian and Romanian missing), go to:
http://eur-lex.europa.eu/JOIndex.do?year=2006&serie=C&textfield2=321E&Submit=Search&_submit=Search&ihmlang=en
***
Draft Constitution
After the less than satisfactory Treaty of Nice, the treaty reform process was re-launched by the Laeken Declaration and the work accomplished by the European Convention, which produced the draft Treaty establishing a Constitution for Europe, published OJ 18.7.2003 C 169/1.
Here you can find the draft Constitution, which formed the basis for the following intergovernmental conference(s) (IGC 2003 and 2004) and most of the proposals debated today, in the treaty languages at that time (excluding Gaelic and the official languages of the entrants 2004 and later):
http://eur-lex.europa.eu/JOIndex.do?year=2003&serie=C&textfield2=169&Submit=Search&_submit=Search&ihmlang=en
***
Constitution
During the IGC 2004 the governments of the member states agreed on and signed the Treaty establishing the Treaty establishing a Constitution for Europe, published OJ 16.12.2004 C 310/1. By then, ten countries had become EU members in 2004 and Gaelic had become an official EU language, so only Bulgarian and Romanian language versions are unavailable there.
The Constitutional Treaty, which was ratified by two thirds of the member states, is available at:
http://eur-lex.europa.eu/JOHtml.do?year=2004&serie=C&textfield2=310&Submit=S%C3%B6k&_submit=S%C3%B6k&ihmlang=en
***
Other consolidations
Before the Council published its consolidations, there were – as far as I was able to find out – consolidated versions for a minority of the member states, but a majority of EU citizens through other channels. The latest compilation was the blawg post ‘Consolidated EU Lisbon Treaty Update April 2008’, published 9 April 2008:
http://grahnlaw.blogspot.com/2008/04/consolidated-eu-lisbon-treaty-update.html
A blog post ‘Lisbon Treaty updates: Promising and promised’ of 15 April 2008 added information on two new publications by the IIEA, a new highlighted version making it easy to see the changes and an Irish Gaelic consolidation:
http://grahnlaw.blogspot.com/2008/04/lisbon-treaty-updates-promising-and.html
***
Dear Reader,
Consolidations in book form, commentaries, articles and official papers on the Treaty of Lisbon, as well as on EU law and politics generally, are in constant demand. Please, share your information with me and the readers of this blog.
Ralf Grahn
Showing posts with label consolidated Treaty. Show all posts
Showing posts with label consolidated Treaty. Show all posts
Monday, 21 April 2008
Sunday, 20 April 2008
EU TFEU: Safeguard measures restricting free movement of capital
“Living in interesting times” as regards international financial markets, it may be good to know that the current Treaty establishing the European Community (TEC) and the Treaty on the Functioning of the European Union (TFEU) foresee temporary safeguard measures to protect economic and monetary union (EMU) in exceptional circumstances.
***
The Council’s provisional consolidated version of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) has been available since 16 April 2008. Go to the following Lisbon Treaty web page and choose your preferred treaty language (out of 23):
http://consilium.europa.eu/cms3_fo/showPage.asp?id=1296&lang=en
***
Article 66 TFEU is presented as it stands after the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL) and provisionally consolidated by the Council of the European Union (document 6655/08; page 95), with the location of the provision added from the table of equivalences (page 460 to 462):
Part Three ‘Policies and internal actions of the Union’
Title IV TFEU (ex Title III) ‘Free movement of persons, services and capital’
Chapter 4 ‘Capital and payments’
Article 66 TFEU
(ex Article 59 TEC)
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, on a proposal from the Commission and after consulting the European Central Bank, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary.
***
The original unconsolidated Treaty of Lisbon (ToL) with the amendments to the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007, is available in 23 treaty languages through:
http://eur-lex.europa.eu/JOIndex.do?year=2007&serie=C&textfield2=306&Submit=Search&_submit=Search&ihmlang=en
***
Article 2 ToL (containing the TEC amendments) had no specific amendments to Article 59 TEC. Cf. point 61 and 62 (OJ 17.12.2007 C 306/56).
‘Acting by a qualified majority’ was deleted according to horizontal amendment 2(d) and the abbreviation ‘ECB’ replaced by ‘European Central Bank’ in line with horizontal amendment 2(j).
***
For the consolidated treaties in force in your preferred language version among the then 21 treaty languages (Bulgarian and Romanian missing), go to:
http://eur-lex.europa.eu/JOIndex.do?year=2006&serie=C&textfield2=321E&Submit=Search&_submit=Search&ihmlang=en
***
The current Article 59 of the Treaty establishing the European Community (TEC) is found in the latest consolidated version of the treaties (OJ 29.12.2006 C 321 E/65):
Article 59 TEC
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the ECB, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary.
***
The European Convention introduced small stylistic changes in Article III-48 of the draft Treaty establishing a Constitution for Europe, but without material impact (OJ 18.7.2003 C 169/35):
Article III-48 Draft Constitution
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council of Ministers, on a proposal from the Commission, may adopt European regulations or decisions introducing safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary. It shall act after consulting the European Central Bank.
***
The differences between the draft Constitution and Article III-159 of the Treaty establishing a Constitution for Europe are minimal. ‘Operation’ became ‘functioning’ and the ‘Council of Ministers’ had become the ‘Council’. See OJ 16.12.2004 C 310/67.
***
We live “in interesting times” as regards the stability of the financial markets, so Article 66 TFEU may be of more than purely theoretical interest.
The provision offers the EU possibilities to safeguard the operation of economic and monetary union (EMU) with regard to third countries.
These measures can not be taken lightly. ‘Exceptional circumstances’, ‘serious difficulties’ and ‘strictly necessary’ all circumscribe recourse to such measures. In addition, six months is the maximum duration of a measure (but the wording does not exclude a new decision).
Ralf Grahn
***
The Council’s provisional consolidated version of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) has been available since 16 April 2008. Go to the following Lisbon Treaty web page and choose your preferred treaty language (out of 23):
http://consilium.europa.eu/cms3_fo/showPage.asp?id=1296&lang=en
***
Article 66 TFEU is presented as it stands after the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL) and provisionally consolidated by the Council of the European Union (document 6655/08; page 95), with the location of the provision added from the table of equivalences (page 460 to 462):
Part Three ‘Policies and internal actions of the Union’
Title IV TFEU (ex Title III) ‘Free movement of persons, services and capital’
Chapter 4 ‘Capital and payments’
Article 66 TFEU
(ex Article 59 TEC)
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, on a proposal from the Commission and after consulting the European Central Bank, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary.
***
The original unconsolidated Treaty of Lisbon (ToL) with the amendments to the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007, is available in 23 treaty languages through:
http://eur-lex.europa.eu/JOIndex.do?year=2007&serie=C&textfield2=306&Submit=Search&_submit=Search&ihmlang=en
***
Article 2 ToL (containing the TEC amendments) had no specific amendments to Article 59 TEC. Cf. point 61 and 62 (OJ 17.12.2007 C 306/56).
‘Acting by a qualified majority’ was deleted according to horizontal amendment 2(d) and the abbreviation ‘ECB’ replaced by ‘European Central Bank’ in line with horizontal amendment 2(j).
***
For the consolidated treaties in force in your preferred language version among the then 21 treaty languages (Bulgarian and Romanian missing), go to:
http://eur-lex.europa.eu/JOIndex.do?year=2006&serie=C&textfield2=321E&Submit=Search&_submit=Search&ihmlang=en
***
The current Article 59 of the Treaty establishing the European Community (TEC) is found in the latest consolidated version of the treaties (OJ 29.12.2006 C 321 E/65):
Article 59 TEC
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the ECB, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary.
***
The European Convention introduced small stylistic changes in Article III-48 of the draft Treaty establishing a Constitution for Europe, but without material impact (OJ 18.7.2003 C 169/35):
Article III-48 Draft Constitution
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council of Ministers, on a proposal from the Commission, may adopt European regulations or decisions introducing safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary. It shall act after consulting the European Central Bank.
***
The differences between the draft Constitution and Article III-159 of the Treaty establishing a Constitution for Europe are minimal. ‘Operation’ became ‘functioning’ and the ‘Council of Ministers’ had become the ‘Council’. See OJ 16.12.2004 C 310/67.
***
We live “in interesting times” as regards the stability of the financial markets, so Article 66 TFEU may be of more than purely theoretical interest.
The provision offers the EU possibilities to safeguard the operation of economic and monetary union (EMU) with regard to third countries.
These measures can not be taken lightly. ‘Exceptional circumstances’, ‘serious difficulties’ and ‘strictly necessary’ all circumscribe recourse to such measures. In addition, six months is the maximum duration of a measure (but the wording does not exclude a new decision).
Ralf Grahn
Thursday, 17 April 2008
EU: Consolidated Lisbon Treaty and beyond
Yesterday marked a great step forward for practical equality between citizens of the European Union. Formally, the principle of equal treatment applied as long as the Council published no consolidated language versions of the Treaty of Lisbon.
But in practice national consolidations were available only in a number of languages. As far as we were able to ascertain, there were readable versions in most of the widely spoken languages within the European Union.
These are rough guesses, because we can not be sure that the information we managed to gather was conclusive: Perhaps six out of ten EU citizens could find a readable version of the Lisbon Treaty in their own language, but a consolidated version was available in less than half of the treaty languages.
By finally publishing the Treaty of Lisbon in the 23 treaty languages, the Council filled a considerable void. Millions of European citizens can now read, debate, study and teach the amending treaties in their main language without unnecessary trouble.
***
The Council of the European Union issued a note to the reader stating that the publication is ‘provisional in nature’. If errors crop up during the ratification stage, these have to be corrected (Council cover note, document 6655/08).
***
What about this blog?
My aim has been to advance through the treaties as they stand if the Treaty of Lisbon enters into force. Until now it has been possible to progress one Article a day, without exceptions, and hopefully this can continue.
Even if this blog is written in English, something changes when readers with another main language can refer to a consolidated version in their own language.
Somehow, I feel that it would be natural to outline the future posts a little differently from now on. These thoughts are ‘provisional in nature’, so tell me if you have ideas:
First, the basic element would be “a slice of salami”, one treaty Article (a day) as consolidated. This means that redundant or fairly insignificant provisions are treated as well, at least superficially. A headline, more or less accurate, may help you to find what you are looking for.
Second, a look at the possible changes made by the intergovernmental conference would follow. Most of the internal policy areas remain largely unchanged, but that does not prevent anyone from trying to understand the treaty provisions the policies are based on.
Third, the preceding treaty reform stages, namely the current treaty, the draft Constitution and the Constitutional Treaty, would be presented either through comments or by offering the text of the provision.
Fourth, depending on the circumstances there may be more or less objective comments, subjective opinions or suggestions for further reading (in the general area under study).
***
This is how the next leg of the journey looks like, after the publication of the consolidated Lisbon Treaty in the 23 treaty languages.
Ralf Grahn
But in practice national consolidations were available only in a number of languages. As far as we were able to ascertain, there were readable versions in most of the widely spoken languages within the European Union.
These are rough guesses, because we can not be sure that the information we managed to gather was conclusive: Perhaps six out of ten EU citizens could find a readable version of the Lisbon Treaty in their own language, but a consolidated version was available in less than half of the treaty languages.
By finally publishing the Treaty of Lisbon in the 23 treaty languages, the Council filled a considerable void. Millions of European citizens can now read, debate, study and teach the amending treaties in their main language without unnecessary trouble.
***
The Council of the European Union issued a note to the reader stating that the publication is ‘provisional in nature’. If errors crop up during the ratification stage, these have to be corrected (Council cover note, document 6655/08).
***
What about this blog?
My aim has been to advance through the treaties as they stand if the Treaty of Lisbon enters into force. Until now it has been possible to progress one Article a day, without exceptions, and hopefully this can continue.
Even if this blog is written in English, something changes when readers with another main language can refer to a consolidated version in their own language.
Somehow, I feel that it would be natural to outline the future posts a little differently from now on. These thoughts are ‘provisional in nature’, so tell me if you have ideas:
First, the basic element would be “a slice of salami”, one treaty Article (a day) as consolidated. This means that redundant or fairly insignificant provisions are treated as well, at least superficially. A headline, more or less accurate, may help you to find what you are looking for.
Second, a look at the possible changes made by the intergovernmental conference would follow. Most of the internal policy areas remain largely unchanged, but that does not prevent anyone from trying to understand the treaty provisions the policies are based on.
Third, the preceding treaty reform stages, namely the current treaty, the draft Constitution and the Constitutional Treaty, would be presented either through comments or by offering the text of the provision.
Fourth, depending on the circumstances there may be more or less objective comments, subjective opinions or suggestions for further reading (in the general area under study).
***
This is how the next leg of the journey looks like, after the publication of the consolidated Lisbon Treaty in the 23 treaty languages.
Ralf Grahn
Saturday, 16 February 2008
Consolidated Lisbon Treaty Update
People continue to arrive at this blog looking for a consolidated version of the Treaty of Lisbon.
The last update of the list of consolidated language versions is not that old, published 8 February 2008. But since then a few kind souls have told us about new consolidations, and I have been able to take a look at some complementary sources. Therefore, the time for an update has come.
Let us remember that the European Union has 23 treaty and official languages. The intergovernmental conference itself professed its belief in linguistic diversity, and encouraged the translation of the treaties into regional and minority languages by the member state governments.
As far as I know, with the exception of a leaked French version from the European Parliament, none of the consolidations has been produced by the EU institutions, and only one directly by a government. The rest have been compiled by parliaments, think-tanks, NGOs and private citizens.
The nine or ten languages with consolidated versions published to date cover only parts of our community of 490 million citizens.
Here is an updated list of the language versions found this far (almost all in pdf format), with the languages mentioned in alphabetical order in English:
Danish
The EU information of the Danish parliament communicates actively. Some information is available in English, too. The consolidated Lisbon Treaty is an update.
Folketingets EU-Oplysning: Sammenskrevet udgave af udkastet til Lissabon-traktaten og det gaeldande traktatunderlag; Bind 1 Traktater, Bind 2 Protokoller og erklaeringer;
http://www.eu-oplysningen.dk/emner/reformtraktat/reform/sammenskrevet/
***
Dutch
The DJ Nozem blog pointed me towards this new consolidation in Word format, compiled by René Barents and posted on the web site of the daily NRC Handelsblad.
René Barents: Geconsolideerde teksten van het Verdrag betreffende de Europese Unie en het Verdrag betreffende de werking van de Europese Unie zoals gewijzigd door het Verdrag van Lissabon
http://www.nrc.nl/redactie/Europa/verdraglissabon_barents.doc
***
English
IIEA
Peadar ó Broin at the Institute of International and European Affairs (Dublin, Ireland) has produced a complete updated consolidation of the amended treaties, including the protocols and annexes, in a format easy to read (pdf).
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 an annotated version consisting of several files for the Statewatch Observatory on the EU Constitution and the Reform Treaty, where similarities and differences between the different reform stages are highlighted. Informative, if you know what you are looking for.
Go to http://www.statewatch.org
FCO
The UK Foreign and Commonwealth Office published a complete consolidated version of the Treaty of Lisbon. The ratification debate in the House of Commons is ongoing.
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, see Command Paper 7310 ‘Consolidated texts of the EU Treaties as amended by the Treaty of Lisbon’:
http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf
The FCO 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 article by article. Available through the Official Documents web page (as is Cm 7310 mentioned above):
http://www.official-documents.gov.uk/
Markus Walther
Markus Walther, a German student from Leipzig, who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, 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 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;
http://www.openeurope.org.uk/research/comparative.pdf
***
Finnish
Europe Information, of the Ministry for Foreign Affairs, has promised a consolidated version during the spring.
***
French
Europa-EU-Audience
The bilingual web site en.europa-eu-audience found two unofficial parallel versions of the amending treaties in French, side by side with the current ones:
http://europa-eu-audience.typepad.com/fr/files/EP_TCE_versus_TFU_Final.doc
http://europa-eu-audience.typepad.com/fr/files/EP_TUE_versus_TUE_final.doc
Assemblée nationale
Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;
http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf
Later, the French National Assembly has presented a consolidated version of the Treaty of Lisbon side by side with the current treaties. Look for Assemblée Nationale: Rapport d’information déposé par la Délégation de l’Assemblée Nationale pour l’Union Européenne, sur le traité de Lisbonne ; No 562, Tome 2, 8 janvier 2008 :
http://www.assemblee-nationale.fr/13/dossiers/traite_lisbonne_due_information.asp
Jean-Luc Sauron
Jean-Luc Sauron: Comprendre le Traité de Lisbonne – Texte consolidé intégral des traités – Explications et commentaires ; Gualino éditeur, Paris 2008 ; 351 p. (Prix 20 €)
The book (pages 141 – 351) contains, in a handy format, consolidated versions of the amended Treaty on European Union, the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights and the Explanations relating to it as well as a modest Index.
In principle, the Treaty texts are based on a version from 30 October 2007, but footnotes take later modifications into account.
***
German
Markus Walther
Markus Walther: Das Primärrecht der Europäischen Union; Endfassung, Stand 18. Dezember 2007; (updated after signing)
http://www.mwalther.net/union.html
Klemens H. Fischer
The book “Der Vertrag von Lissabon – Text und Kommentar zum Europäischen Reformvertrag”, by Klemens H. Fischer (Nomos, Stämpfli Verlag and Verlag Österreich) describes the EU reform process and especially the IGC 2007 before it presents consolidated and annotated versions of the TEU and TFEU including protocols and declarations. The accompanying CD-Rom contains background material and three different consolidations of each treaty: with amendments highlighted and footnotes, with amendments highlighted and a neutral consolidated version.
***
Hungarian
Two sources reported that the Hungarian government has published a consolidation of the Lisbon Treaty, although was not able to verify it. But I encourage anyone with the linguistic and technical skills to search (and to report back).
***
Irish Gaelic
A consolidation in Irish Gaelic has been announced by the Institute of International and European Affairs, Dublin.
Go to http://www.iiea.com
***
Portuguese
Peadar ó Broin reported on a version in Portuguese also, prepared by the Portuguese Ministry of Foreign Affairs:
http://www.eu2007.pt/NR/rdonlyres/1D96311C-F90D-4E97-B355-DFEA0DD1ABEA/0/TLconsolidado.pdf
Alternatively, you can link to the text via the website for the Ministry of Foreign Affairs:
http://www.mne.gov.pt/
Or you can link via the website for the Portuguese Presidency of 2007:
http://www.eu2007.pt/UE/vPT/Presidencia_Conselho/TratadoLisboa.htm
***
Spanish
Real Instituto Elcano offers a complete updated consolidation, with protocols and declarations, in Spanish, compiled by José Martín y Pérez de Nanclares and Mariola Urrea Corres. The former has written an introductory study.
http://www.realinstitutoelcano.org
***
Swedish
Sieps – Svenska institutet för europapolitiska studier, the Swedish Institute for European Policy Studies, has published a complete consolidated Swedish language version of the Lisbon Treaty.
Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf)
Ladda ned Lissabonfördraget – Protokoll mm (pdf)
http://www.sieps.se
The publisher SNS Förlag has announced a handy pocket version of the Treaty of Lisbon in Swedish, to be published 29 February 2008. If the new publication follows the pattern of the previous pocket treaties by SNS, it will contain the bare treaty texts.
http://www.sns.se
***
If the number of languages with consolidated versions was seven or eight (Hungarian attested but not verified) last time the list was published, we now know of 9 or 10 official EU languages covered out of 23.
Are there more consolidated versions the citizens of the European Union should be aware of?
I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and resources, such as official documents from the member states’ governments and parliaments, scholarly assessments and popular literature, plus information on the ratification processes.
Ralf Grahn
The last update of the list of consolidated language versions is not that old, published 8 February 2008. But since then a few kind souls have told us about new consolidations, and I have been able to take a look at some complementary sources. Therefore, the time for an update has come.
Let us remember that the European Union has 23 treaty and official languages. The intergovernmental conference itself professed its belief in linguistic diversity, and encouraged the translation of the treaties into regional and minority languages by the member state governments.
As far as I know, with the exception of a leaked French version from the European Parliament, none of the consolidations has been produced by the EU institutions, and only one directly by a government. The rest have been compiled by parliaments, think-tanks, NGOs and private citizens.
The nine or ten languages with consolidated versions published to date cover only parts of our community of 490 million citizens.
Here is an updated list of the language versions found this far (almost all in pdf format), with the languages mentioned in alphabetical order in English:
Danish
The EU information of the Danish parliament communicates actively. Some information is available in English, too. The consolidated Lisbon Treaty is an update.
Folketingets EU-Oplysning: Sammenskrevet udgave af udkastet til Lissabon-traktaten og det gaeldande traktatunderlag; Bind 1 Traktater, Bind 2 Protokoller og erklaeringer;
http://www.eu-oplysningen.dk/emner/reformtraktat/reform/sammenskrevet/
***
Dutch
The DJ Nozem blog pointed me towards this new consolidation in Word format, compiled by René Barents and posted on the web site of the daily NRC Handelsblad.
René Barents: Geconsolideerde teksten van het Verdrag betreffende de Europese Unie en het Verdrag betreffende de werking van de Europese Unie zoals gewijzigd door het Verdrag van Lissabon
http://www.nrc.nl/redactie/Europa/verdraglissabon_barents.doc
***
English
IIEA
Peadar ó Broin at the Institute of International and European Affairs (Dublin, Ireland) has produced a complete updated consolidation of the amended treaties, including the protocols and annexes, in a format easy to read (pdf).
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 an annotated version consisting of several files for the Statewatch Observatory on the EU Constitution and the Reform Treaty, where similarities and differences between the different reform stages are highlighted. Informative, if you know what you are looking for.
Go to http://www.statewatch.org
FCO
The UK Foreign and Commonwealth Office published a complete consolidated version of the Treaty of Lisbon. The ratification debate in the House of Commons is ongoing.
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, see Command Paper 7310 ‘Consolidated texts of the EU Treaties as amended by the Treaty of Lisbon’:
http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf
The FCO 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 article by article. Available through the Official Documents web page (as is Cm 7310 mentioned above):
http://www.official-documents.gov.uk/
Markus Walther
Markus Walther, a German student from Leipzig, who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, 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 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;
http://www.openeurope.org.uk/research/comparative.pdf
***
Finnish
Europe Information, of the Ministry for Foreign Affairs, has promised a consolidated version during the spring.
***
French
Europa-EU-Audience
The bilingual web site en.europa-eu-audience found two unofficial parallel versions of the amending treaties in French, side by side with the current ones:
http://europa-eu-audience.typepad.com/fr/files/EP_TCE_versus_TFU_Final.doc
http://europa-eu-audience.typepad.com/fr/files/EP_TUE_versus_TUE_final.doc
Assemblée nationale
Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;
http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf
Later, the French National Assembly has presented a consolidated version of the Treaty of Lisbon side by side with the current treaties. Look for Assemblée Nationale: Rapport d’information déposé par la Délégation de l’Assemblée Nationale pour l’Union Européenne, sur le traité de Lisbonne ; No 562, Tome 2, 8 janvier 2008 :
http://www.assemblee-nationale.fr/13/dossiers/traite_lisbonne_due_information.asp
Jean-Luc Sauron
Jean-Luc Sauron: Comprendre le Traité de Lisbonne – Texte consolidé intégral des traités – Explications et commentaires ; Gualino éditeur, Paris 2008 ; 351 p. (Prix 20 €)
The book (pages 141 – 351) contains, in a handy format, consolidated versions of the amended Treaty on European Union, the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights and the Explanations relating to it as well as a modest Index.
In principle, the Treaty texts are based on a version from 30 October 2007, but footnotes take later modifications into account.
***
German
Markus Walther
Markus Walther: Das Primärrecht der Europäischen Union; Endfassung, Stand 18. Dezember 2007; (updated after signing)
http://www.mwalther.net/union.html
Klemens H. Fischer
The book “Der Vertrag von Lissabon – Text und Kommentar zum Europäischen Reformvertrag”, by Klemens H. Fischer (Nomos, Stämpfli Verlag and Verlag Österreich) describes the EU reform process and especially the IGC 2007 before it presents consolidated and annotated versions of the TEU and TFEU including protocols and declarations. The accompanying CD-Rom contains background material and three different consolidations of each treaty: with amendments highlighted and footnotes, with amendments highlighted and a neutral consolidated version.
***
Hungarian
Two sources reported that the Hungarian government has published a consolidation of the Lisbon Treaty, although was not able to verify it. But I encourage anyone with the linguistic and technical skills to search (and to report back).
***
Irish Gaelic
A consolidation in Irish Gaelic has been announced by the Institute of International and European Affairs, Dublin.
Go to http://www.iiea.com
***
Portuguese
Peadar ó Broin reported on a version in Portuguese also, prepared by the Portuguese Ministry of Foreign Affairs:
http://www.eu2007.pt/NR/rdonlyres/1D96311C-F90D-4E97-B355-DFEA0DD1ABEA/0/TLconsolidado.pdf
Alternatively, you can link to the text via the website for the Ministry of Foreign Affairs:
http://www.mne.gov.pt/
Or you can link via the website for the Portuguese Presidency of 2007:
http://www.eu2007.pt/UE/vPT/Presidencia_Conselho/TratadoLisboa.htm
***
Spanish
Real Instituto Elcano offers a complete updated consolidation, with protocols and declarations, in Spanish, compiled by José Martín y Pérez de Nanclares and Mariola Urrea Corres. The former has written an introductory study.
http://www.realinstitutoelcano.org
***
Swedish
Sieps – Svenska institutet för europapolitiska studier, the Swedish Institute for European Policy Studies, has published a complete consolidated Swedish language version of the Lisbon Treaty.
Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf)
Ladda ned Lissabonfördraget – Protokoll mm (pdf)
http://www.sieps.se
The publisher SNS Förlag has announced a handy pocket version of the Treaty of Lisbon in Swedish, to be published 29 February 2008. If the new publication follows the pattern of the previous pocket treaties by SNS, it will contain the bare treaty texts.
http://www.sns.se
***
If the number of languages with consolidated versions was seven or eight (Hungarian attested but not verified) last time the list was published, we now know of 9 or 10 official EU languages covered out of 23.
Are there more consolidated versions the citizens of the European Union should be aware of?
I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and resources, such as official documents from the member states’ governments and parliaments, scholarly assessments and popular literature, plus information on the ratification processes.
Ralf Grahn
Wednesday, 13 February 2008
TFEU: Introduction
The European Convention never had the time to make a deep impact on the policy areas of the European Community, and in the intergovernmental conference (IGC 2004) the governments of the member states were obsessed by institutional questions, such as voting weights in the Council.
The IGC 2007 returned to the unfinished business left by the aborted ratification process of the Treaty establishing a Constitution for Europe.
Already in the context of the Convention and the Constitutional Treaty there were calls from pundits for an overhaul of the policies of the EU, and some echo from European leaders, but the national leaders seem to have been overwhelmed by the challenge to bring this stage of institutional reform to a close.
Thus, the main thrust of the Lisbon Treaty reform is institutional: to improve decision making within areas where the European Union (EU) and the European Community (EC) already exercise powers delegated by the member states.
If the Treaty of Lisbon survives the gauntlet of 27 national ratifications, the more mundane task of reforming the practical policies of the EU might raise enough of politicians’ interest to allow an overdue modernising exercise.
***
Article 2 of the Treaty of Lisbon contains the amendments to the Treaty establishing the European Community (TEC), which is renamed the Treaty on the Functioning of the European Union (TFEU).
Many of the changes to the TFEU are caused by the reordering of the treaties, with the Treaty on European Union (TEU) becoming home to the constitutional principles and objectives of the European Union and the fundamental provisions on the institutions. In addition, the continuing separateness of the common foreign and security policy (CFSP) and the common security and defence policy (CSDP) is given emphasis by housing them in the TEU.
Besides the reordering, renaming of various concepts leads to a fair amount of amendments throughout the TFEU, but most of the changes are rather technical. The Treaty of Lisbon is no profound reform of EU policies, although the area of freedom, security and justice is united under normal rules for the countries without derogations and opt-outs, and some additional tinkering and tidying up occur.
***
Why then bother to wade through the TFEU?
The treaties are the most important documents of the European Union. They lay the foundations for common action aiming to improve the security and prosperity of the citizens of the European Union. The rule of law means that every piece of legislation and every decision has to be based on the treaties.
The great questions of foreign and security policy may attract more media attention, but businesses and citizens are affected more directly by EU legislation and the everyday workings of the institutions.
Assuming that a reasonable amount of knowledge about the European Union is in the interest of private parties, then it is better to study the latest edition of our common rules. This leads us to the Treaty on the Functioning of the European Union (TFEU), as agreed on in the Lisbon Treaty. Even if the TFEU were to be hit by an accident never to enter into force, we would have gleaned some knowledge of the unreformed European Community (European Union).
***
Article 2 of the Treaty of Lisbon states that the Treaty establishing the European Community (TEC) shall be amended in accordance with the provisions of this Article (OJ 17.12.2007 C 306/41).
Following from the merger of the EC into the EU and the renewed structure of the treaties, the treaty is renamed the Treaty on the Functioning of the European Union (TFEU).
The IGC 2007 then sets out a number of horizontal amendments, leading to editorial or technical adaptations throughout the TFEU. I just highlight some of the new terminology we might want to get used to:
The ‘Union’ replaces the words ‘Community’ and ‘European Community’
‘The Treaties’ replaces ‘this Treaty’ and ‘the present Treaty’
The ‘ordinary legislative procedure’ replaces the procedure referred to in Article 251
The ‘internal market’ replaces the ‘common market’
‘Euro’ replaces ‘ecu’
‘Member States whose currency is the euro’ replaces ‘Member State without derogation’
The ‘European Central Bank’ replaces the abbreviation ‘ECB’
‘Economic and Financial Committee’ replaces the Committee provided for in Article 114
‘Specialised court’ replaces ‘judicial panel’
‘Acting unanimously in accordance with a special legislative procedure’ is inserted where the existing treaty says ‘acting unanimously on a proposal from the Commission’
‘Acting by a simple majority’ is inserted into seven Articles
In two instances ‘obtaining the consent of the European Parliament’ replaces mere consultation
The ‘Court of Justice of the European Union’ becomes the official name, but sometimes the short form ‘Court’ is used
***
To these horizontal amendments of terminology are added the amendments concerning numbering and renumbering of the treaties, compounded by the less than reader-friendly drafting of the treaties themselves.
I salute the silent heroes who have produced the few consolidated language versions of the Treaty of Lisbon we already have. I wish that the versions still missing are produced and published soon. Brochures and web page summaries are important for the citizens of the EU, but they are far from enough.
(For the existing consolidations, as far as I know, see my latest compilation of sources, the 8 February 2008 posting ‘Lisbon Treaty: Consolidated language versions’.)
Ralf Grahn
P.S. Embarking on the long journey to explore our fundamental common rules as rendered by the Treaty on the Functioning of the European Union, I want to repeat my plea for information on the law and politics of the Lisbon reform treaty.
I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and other resources, such as official documents from the member states’ governments and parliaments, popular presentations and scholarly research literature, plus information on the ratification processes.
The IGC 2007 returned to the unfinished business left by the aborted ratification process of the Treaty establishing a Constitution for Europe.
Already in the context of the Convention and the Constitutional Treaty there were calls from pundits for an overhaul of the policies of the EU, and some echo from European leaders, but the national leaders seem to have been overwhelmed by the challenge to bring this stage of institutional reform to a close.
Thus, the main thrust of the Lisbon Treaty reform is institutional: to improve decision making within areas where the European Union (EU) and the European Community (EC) already exercise powers delegated by the member states.
If the Treaty of Lisbon survives the gauntlet of 27 national ratifications, the more mundane task of reforming the practical policies of the EU might raise enough of politicians’ interest to allow an overdue modernising exercise.
***
Article 2 of the Treaty of Lisbon contains the amendments to the Treaty establishing the European Community (TEC), which is renamed the Treaty on the Functioning of the European Union (TFEU).
Many of the changes to the TFEU are caused by the reordering of the treaties, with the Treaty on European Union (TEU) becoming home to the constitutional principles and objectives of the European Union and the fundamental provisions on the institutions. In addition, the continuing separateness of the common foreign and security policy (CFSP) and the common security and defence policy (CSDP) is given emphasis by housing them in the TEU.
Besides the reordering, renaming of various concepts leads to a fair amount of amendments throughout the TFEU, but most of the changes are rather technical. The Treaty of Lisbon is no profound reform of EU policies, although the area of freedom, security and justice is united under normal rules for the countries without derogations and opt-outs, and some additional tinkering and tidying up occur.
***
Why then bother to wade through the TFEU?
The treaties are the most important documents of the European Union. They lay the foundations for common action aiming to improve the security and prosperity of the citizens of the European Union. The rule of law means that every piece of legislation and every decision has to be based on the treaties.
The great questions of foreign and security policy may attract more media attention, but businesses and citizens are affected more directly by EU legislation and the everyday workings of the institutions.
Assuming that a reasonable amount of knowledge about the European Union is in the interest of private parties, then it is better to study the latest edition of our common rules. This leads us to the Treaty on the Functioning of the European Union (TFEU), as agreed on in the Lisbon Treaty. Even if the TFEU were to be hit by an accident never to enter into force, we would have gleaned some knowledge of the unreformed European Community (European Union).
***
Article 2 of the Treaty of Lisbon states that the Treaty establishing the European Community (TEC) shall be amended in accordance with the provisions of this Article (OJ 17.12.2007 C 306/41).
Following from the merger of the EC into the EU and the renewed structure of the treaties, the treaty is renamed the Treaty on the Functioning of the European Union (TFEU).
The IGC 2007 then sets out a number of horizontal amendments, leading to editorial or technical adaptations throughout the TFEU. I just highlight some of the new terminology we might want to get used to:
The ‘Union’ replaces the words ‘Community’ and ‘European Community’
‘The Treaties’ replaces ‘this Treaty’ and ‘the present Treaty’
The ‘ordinary legislative procedure’ replaces the procedure referred to in Article 251
The ‘internal market’ replaces the ‘common market’
‘Euro’ replaces ‘ecu’
‘Member States whose currency is the euro’ replaces ‘Member State without derogation’
The ‘European Central Bank’ replaces the abbreviation ‘ECB’
‘Economic and Financial Committee’ replaces the Committee provided for in Article 114
‘Specialised court’ replaces ‘judicial panel’
‘Acting unanimously in accordance with a special legislative procedure’ is inserted where the existing treaty says ‘acting unanimously on a proposal from the Commission’
‘Acting by a simple majority’ is inserted into seven Articles
In two instances ‘obtaining the consent of the European Parliament’ replaces mere consultation
The ‘Court of Justice of the European Union’ becomes the official name, but sometimes the short form ‘Court’ is used
***
To these horizontal amendments of terminology are added the amendments concerning numbering and renumbering of the treaties, compounded by the less than reader-friendly drafting of the treaties themselves.
I salute the silent heroes who have produced the few consolidated language versions of the Treaty of Lisbon we already have. I wish that the versions still missing are produced and published soon. Brochures and web page summaries are important for the citizens of the EU, but they are far from enough.
(For the existing consolidations, as far as I know, see my latest compilation of sources, the 8 February 2008 posting ‘Lisbon Treaty: Consolidated language versions’.)
Ralf Grahn
P.S. Embarking on the long journey to explore our fundamental common rules as rendered by the Treaty on the Functioning of the European Union, I want to repeat my plea for information on the law and politics of the Lisbon reform treaty.
I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and other resources, such as official documents from the member states’ governments and parliaments, popular presentations and scholarly research literature, plus information on the ratification processes.
Friday, 8 February 2008
Lisbon Treaty: Consolidated language versions
There is a continuing stream of people looking for a consolidated version of the Treaty of Lisbon arriving at this blog. Since it may be tricky to find the information in the archive, I decided to compile the essence of a few posts on consolidations in English and other languages.
Please, note that this time I did not have time to check if the links are still working, or if there are pleasant surprises such as updates with protocols etc.
Let us remember that the European Union has 23 official languages. The seven or eight language versions I have noticed to date cover only parts of our community of 490 million citizens.
Here are the language versions found this far (almost all in pdf format), with the languages mentioned in alphabetical order in English:
Danish
The EU information of the Danish parliament communicates actively. Some information is available in English, too. The consolidated Lisbon Treaty is an update.
Folketingets EU-Oplysning: Sammenskrevet udgave af udkastet til Lissabon-traktaten og det gaeldande traktatunderlag; Bind 1 Traktater, Bind 2 Protokoller og erklaeringer;
http://www.eu-oplysningen.dk/emner/reformtraktat/reform/sammenskrevet/
***
Dutch
The DJ Nozem blog pointed me towards this new consolidation in Word format, compiled by René Barents and posted on the web site of the daily NRC Handelsblad.
René Barents: Geconsolideerde teksten van het Verdrag betreffende de Europese Unie en het Verdrag betreffende de werking van de Europese Unie zoals gewijzigd door het Verdrag van Lissabon
http://www.nrc.nl/redactie/Europa/verdraglissabon_barents.doc
***
English
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 (pdf).
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 similarities and differences between the different reform stages are highlighted
Go to http://www.statewatch.org
FCO
The UK Foreign and Commonwealth Office published a consolidated version of the Treaty of Lisbon. The ratification debate in the House of Commons is ongoing.
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, see Command Paper 7310 ‘Consolidated texts of the EU Treaties as amended by the Treaty of Lisbon’:
http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf
The FCO 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 article by article. Available through the Official Documents web page (as is Cm 7310 mentioned above):
http://www.official-documents.gov.uk/
Markus Walther
Markus Walther, a German student from Leipzig, who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, 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 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;
http://www.openeurope.org.uk/research/comparative.pdf
***
Finnish
Europe Information, of the Ministry for Foreign Affairs, has promised a consolidated version during the spring.
***
French
Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;
http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf
***
Gaelic
A consolidation in Irish Gaelic promised shortly by the Institute of International and European Affairs, Dublin.
***
German
Markus Walther: Das Primärrecht der Europäischen Union; Endfassung, Stand 18. Dezember 2007; (updated after signing)
http://www.mwalther.net/union.html
***
Hungarian
Two sources reported that the Hungarian government has published a consolidation of the Lisbon Treaty, although was not able to verify it. But I encourage anyone with the linguistic and technical skills to search (and to report back).
***
Spanish
Real Instituto Elcano (updated after signing; read the introductory study)
http://www.realinstitutoelcano.org
***
Swedish
Sieps – Svenska institutet för europapolitiska studier
Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf)
Ladda ned Lissabonfördraget – Protokoll mm (pdf)
http://www.sieps.se
***
I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and resources, such as official documents from the member states, popular presentations and scholarly literature, plus information on the ratification processes.
Ralf Grahn
Please, note that this time I did not have time to check if the links are still working, or if there are pleasant surprises such as updates with protocols etc.
Let us remember that the European Union has 23 official languages. The seven or eight language versions I have noticed to date cover only parts of our community of 490 million citizens.
Here are the language versions found this far (almost all in pdf format), with the languages mentioned in alphabetical order in English:
Danish
The EU information of the Danish parliament communicates actively. Some information is available in English, too. The consolidated Lisbon Treaty is an update.
Folketingets EU-Oplysning: Sammenskrevet udgave af udkastet til Lissabon-traktaten og det gaeldande traktatunderlag; Bind 1 Traktater, Bind 2 Protokoller og erklaeringer;
http://www.eu-oplysningen.dk/emner/reformtraktat/reform/sammenskrevet/
***
Dutch
The DJ Nozem blog pointed me towards this new consolidation in Word format, compiled by René Barents and posted on the web site of the daily NRC Handelsblad.
René Barents: Geconsolideerde teksten van het Verdrag betreffende de Europese Unie en het Verdrag betreffende de werking van de Europese Unie zoals gewijzigd door het Verdrag van Lissabon
http://www.nrc.nl/redactie/Europa/verdraglissabon_barents.doc
***
English
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 (pdf).
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 similarities and differences between the different reform stages are highlighted
Go to http://www.statewatch.org
FCO
The UK Foreign and Commonwealth Office published a consolidated version of the Treaty of Lisbon. The ratification debate in the House of Commons is ongoing.
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, see Command Paper 7310 ‘Consolidated texts of the EU Treaties as amended by the Treaty of Lisbon’:
http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf
The FCO 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 article by article. Available through the Official Documents web page (as is Cm 7310 mentioned above):
http://www.official-documents.gov.uk/
Markus Walther
Markus Walther, a German student from Leipzig, who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, 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 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;
http://www.openeurope.org.uk/research/comparative.pdf
***
Finnish
Europe Information, of the Ministry for Foreign Affairs, has promised a consolidated version during the spring.
***
French
Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;
http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf
***
Gaelic
A consolidation in Irish Gaelic promised shortly by the Institute of International and European Affairs, Dublin.
***
German
Markus Walther: Das Primärrecht der Europäischen Union; Endfassung, Stand 18. Dezember 2007; (updated after signing)
http://www.mwalther.net/union.html
***
Hungarian
Two sources reported that the Hungarian government has published a consolidation of the Lisbon Treaty, although was not able to verify it. But I encourage anyone with the linguistic and technical skills to search (and to report back).
***
Spanish
Real Instituto Elcano (updated after signing; read the introductory study)
http://www.realinstitutoelcano.org
***
Swedish
Sieps – Svenska institutet för europapolitiska studier
Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf)
Ladda ned Lissabonfördraget – Protokoll mm (pdf)
http://www.sieps.se
***
I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and resources, such as official documents from the member states, popular presentations and scholarly literature, plus information on the ratification processes.
Ralf Grahn
Thursday, 24 January 2008
EP looks forward to Lisbon Treaty
The Committee on Constitutional Affairs of the European Parliament has voted on a draft report by Richard Corbett and Iñigo Méndez de Vigo on the Treaty of Lisbon. The Committee, at last, looks forward to the rapid publication of the consolidated Treaties as revised by the Treaty of Lisbon, in order to inform European citizens clearly and objectively about the content of the Treaty.
Knowing well that the Council has refused publication before the Treaties are in force, it would be better if the European Parliament rapidly published the consolidated Treaties in all the official languages of the EU (especially the 15 missing language versions), instead of ‘looking forward’ to the unlikely event.
The draft report approved by 20 votes to 6 contained the following conclusions, to be voted on by a plenary session in February, where the European Parliament:
“7. Believes that this Treaty will provide a stable and lasting framework for the future
development of the Union;
8. Endorses the Treaty and hopes that all Member States of the Union will be in a position to
achieve its ratification by 1 January 2009;
9. Is aware that an amending treaty is inevitably less clear and readable than a codified
treaty, but looks forward to the rapid publication of the consolidated Treaties as revised by
the Treaty of Lisbon, which will provide citizens with a clearer basic text of the Union;
10. Reiterates its request that all possible efforts be deployed, both by EU institutions and
national authorities in accordance with the principle of sincere cooperation, in order to
inform European citizens clearly and objectively about the content of the Treaty;
11. Instructs its committee responsible to prepare the necessary changes to its Rules of
Procedure and to assess the needs for further implementing measures;
12. Instructs its President to forward this resolution and the report of the Committee on
Constitutional Affairs to the national parliaments of the Member States, to the Council, to
the European Commission and to the former Members of the Convention on the Future of
Europe, and to ensure that Parliament's services, including its external offices, provide
ample information about Parliament's position on the Treaty.”
Ralf Grahn
Sources:
European Parliament, Committee on Constitutional Affairs: Draft Report on the Treaty of Lisbon (2007/0000(INI); Rapporteurs: Richard Corbett and Iñigo Méndez de Vigo
European Parliament, Press service: Reasons to ratify the Lisbon Treaty this year; 23-01-2008
Knowing well that the Council has refused publication before the Treaties are in force, it would be better if the European Parliament rapidly published the consolidated Treaties in all the official languages of the EU (especially the 15 missing language versions), instead of ‘looking forward’ to the unlikely event.
The draft report approved by 20 votes to 6 contained the following conclusions, to be voted on by a plenary session in February, where the European Parliament:
“7. Believes that this Treaty will provide a stable and lasting framework for the future
development of the Union;
8. Endorses the Treaty and hopes that all Member States of the Union will be in a position to
achieve its ratification by 1 January 2009;
9. Is aware that an amending treaty is inevitably less clear and readable than a codified
treaty, but looks forward to the rapid publication of the consolidated Treaties as revised by
the Treaty of Lisbon, which will provide citizens with a clearer basic text of the Union;
10. Reiterates its request that all possible efforts be deployed, both by EU institutions and
national authorities in accordance with the principle of sincere cooperation, in order to
inform European citizens clearly and objectively about the content of the Treaty;
11. Instructs its committee responsible to prepare the necessary changes to its Rules of
Procedure and to assess the needs for further implementing measures;
12. Instructs its President to forward this resolution and the report of the Committee on
Constitutional Affairs to the national parliaments of the Member States, to the Council, to
the European Commission and to the former Members of the Convention on the Future of
Europe, and to ensure that Parliament's services, including its external offices, provide
ample information about Parliament's position on the Treaty.”
Ralf Grahn
Sources:
European Parliament, Committee on Constitutional Affairs: Draft Report on the Treaty of Lisbon (2007/0000(INI); Rapporteurs: Richard Corbett and Iñigo Méndez de Vigo
European Parliament, Press service: Reasons to ratify the Lisbon Treaty this year; 23-01-2008
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/
Monday, 21 January 2008
Product plugging by Christopher Booker
In The Telegraph, Christopher Booker made a lot of noise about contempt for Parliament and the like. According to Booker, the Government asks MPs to approve the EU treaty even before they have a proper chance to examine what it is they are voting on.
Booker then goes on to plug the consolidated Lisbon Treaty being prepared by the end of the week by a private firm: “a 331-page text of the treaty with invaluable analysis” (cost £27.50).
I am not going into the interesting questions of journalistic ethics concerning product placement or downright marketing, but I sincerely hope that others will.
***
The Council’s refusal to publish consolidated versions of the Treaty of Lisbon, “putting all those amendments in context, in such a way that their significance can be understood” as Booker says, is a serious drawback for democratic debate in Europe.
Therefore, the readers of this blog have been kept aware of the different consolidated language versions that have been published, as far as I have been able to find out.
English speakers are, relatively speaking, in the enviable position to have three different consolidations of the Reform Treaty available, for free. Perhaps there is cause to mention the consolidated Lisbon Treaties in English again:
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, 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
Other resources
Other resources on the Lisbon Treaty have been mentioned here frequently, with the latest posting dated yesterday, on some of the UK Parliamentary documents.
***
If Booker wants to scandalise the British government and market valuable books, they are his choices.
But the information already exists for those who are interested in the facts.
Ralf Grahn
Source:
Christopher Booker’s Notebook: MPs required to ratify Lisbon treaty without reading it; The Telegraph 19/01/2008;
http://www.telegraph.co.uk/news/main.jhtml%3Bjsessionid%3D2V4OJ542O2YSDQFIQMFCFGGAVCBQYIV0?xml=/news/2008/01/20/nbooker120.xml
Booker then goes on to plug the consolidated Lisbon Treaty being prepared by the end of the week by a private firm: “a 331-page text of the treaty with invaluable analysis” (cost £27.50).
I am not going into the interesting questions of journalistic ethics concerning product placement or downright marketing, but I sincerely hope that others will.
***
The Council’s refusal to publish consolidated versions of the Treaty of Lisbon, “putting all those amendments in context, in such a way that their significance can be understood” as Booker says, is a serious drawback for democratic debate in Europe.
Therefore, the readers of this blog have been kept aware of the different consolidated language versions that have been published, as far as I have been able to find out.
English speakers are, relatively speaking, in the enviable position to have three different consolidations of the Reform Treaty available, for free. Perhaps there is cause to mention the consolidated Lisbon Treaties in English again:
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, 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
Other resources
Other resources on the Lisbon Treaty have been mentioned here frequently, with the latest posting dated yesterday, on some of the UK Parliamentary documents.
***
If Booker wants to scandalise the British government and market valuable books, they are his choices.
But the information already exists for those who are interested in the facts.
Ralf Grahn
Source:
Christopher Booker’s Notebook: MPs required to ratify Lisbon treaty without reading it; The Telegraph 19/01/2008;
http://www.telegraph.co.uk/news/main.jhtml%3Bjsessionid%3D2V4OJ542O2YSDQFIQMFCFGGAVCBQYIV0?xml=/news/2008/01/20/nbooker120.xml
Sunday, 23 December 2007
EU Treaty of Lisbon: Fundamental Rights
Slowly but surely the people, the citizens of the European Union, emerge with legal rights and obligations.
The Charter of Fundamental Rights of the European Union was prepared by the first broadly based Convention, encompassing members of the European Parliament and national parliaments. At the summit in Nice, in December 2000, the member states were not yet unanimously ready to incorporate the Charter into the Treaty of Nice.
The Charter was jointly proclaimed by the European Parliament, the Council and the European Commission on 7 December 2000, and it became politically but not legally binding (OJ 18.12.2000, C 364/1).
The second Convention incorporated the Charter into the Treaty establishing a Constitution for Europe signed in Rome on 29 October 2004 (OJ 16.12.2004, C 310/1), where it became Part II.
Since the Constitutional Treaty was not ratified by all member states, the Charter has continued to live on as a solemn political proclamation.
***
The intergovernmental conference (IGC 2007) decided, in line with its June mandate, to make the Charter legally binding without incorporating the text into the Reform Treaty, now called the Treaty of Lisbon.
One day before the signing of the Treaty of Lisbon, the Charter was solemnly proclaimed in Strasbourg by the European Parliament, the Council and the European Commission. The Charter of Fundamental Rights of the European Union has been published in the Official Journal of the European Union (OJ 14.12.2007, C 303/1) with the Explanations relating to the Charter of Fundamental Rights (C 303/17).
***
Since the solemn proclamation ceremony in Strasbourg was marred by unseemly protests in the European Parliament, it is appropriate to mention that the 27 member states’ governments and the European Commission have acted unanimously, and that the groupings against citizens’ rights had suffered a resounding defeat, 534 MEPs voting in favour of the Charter, 85 against and 21 abstentions.
This disgraceful tumult against the rights of EU citizens has been justly reprimanded, although friends of loutish behaviour have done their utmost to turn their soul buddies into champions of free speech for trying to disrupt a solemn and, for most Europeans, joyful occasion.
***
This is not the place for detailed analysis of the Charter, but a brief look at the headlines of the Articles gives an overview of the freedoms, rights and principles it contains:
TITLE I DIGNITY
Human dignity
Right to life
Right to the integrity of the person
Prohibition of torture and inhuman or degrading treatment or punishment
Prohibition of slavery and forced labour
TITLE II FREEDOMS
Right to liberty and security
Respect for private and family life
Protection of personal data
Right to marry and right to found a family
Freedom of thought, conscience and religion
Freedom of expression and information
Freedom of assembly and of association
Freedom of the arts and sciences
Right to education
Freedom to choose an occupation and right to engage in work
Freedom to conduct a business
Right to property
Right to asylum
Protection in the event of removal, expulsion or extradition
TITLE III EQUALITY
Equality before the law
Non-discrimination
Cultural, religious and linguistic diversity
Equality between women and men
The rights of the child
The rights of the elderly
Integration of persons with disabilities
TITLE IV SOLIDARITY
Workers’ right to information and consultation within the undertaking
Right of collective bargaining and action
Right of access to placement services
Protection in the event of unjustified dismissal
Fair and just working conditions
Prohibition of child labour and protection of young people at work
Family and professional life
Social security and social assistance
Health care
Access to services of general economic interest
Environmental protection
Consumer protection
TITLE V CITIZENS’ RIGHTS
Right to vote and to stand as a candidate at the elections to the European Parliament
Right to vote and to stand as a candidate at municipal elections
Right to good administration
Right of access to documents
European Ombudsman
Right to petition
Freedom of movement and of residence
Diplomatic and consular protection
TITLE VI JUSTICE
Right to an effective remedy and to a fair trial
Presumption of innocence and right of defence
Principles of legality and proportionality of criminal offences and penalties
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
TITLE VII GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER
Field of application
Scope and interpretation of rights and principles
Level of protection
Prohibition of abuse of rights
***
Why is the Charter important?
Indeed, the Charter contains no new rights. They all exist in the EU Treaties, in the the European Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe) and various other human rights documents.
But bringing these various rights together, and making them visible for the citizens of the Union, is a manifestation of shared European values. The result is the most up to date legally binding human rights document on earth, and it offers the citizens a basis for scrutiny of EU institutions and member states when they implement European Union law.
The political rights of the Union’s citizens are still underdeveloped, but otherwise the Charter is a step towards recognition of the interests of the citizens as the foundation for the European project.
The Charter is a source of pride for the EU citizens, and it is going to be a source of reference for human rights in the world.
Naturally, the Charter would have been more visible if it had become a part of the Lisbon Treaty (and of future consolidated versions of the Treaty).
***
The European Union is given leave to accede to the European Convention for the Protection of Humans Rights and Fundamental Freedoms.
The constitutional traditions common to the Member States form part of the general principles of European Union law.
***
The Treaty of Lisbon (Official Journal of the European Union 17.12.2007, C 306/1) repeals Articles 4 and 5 of the Treaty on European Union (latest consolidated version OJ 29.12.2006, C 321 E/1). Consequently, the following Article is numbered 6, the present one being replaced by the following
Article 6
1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.
2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union’s competences as defined in the Treaties.
3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.
***
Unanimity among the member states’ governments has come at a price. The unity of EU law is diminished by the opt-outs of the governments of the United Kingdom and Poland.
See Protocol Number 7 on the application of the Charter of Fundamental Rights to Poland and the United Kingdom, as well as the Polish declarations 51 and 53 annexed to the Treaty of Lisbon.
The new Polish government has not been able to relinquish the opt-out, since it needs the support of the morally conservative opposition to ratify the Treaty of Lisbon. But the new government wants Poland to become a constructive force in EU politics, so a future renouncement of the opt-out seems to be hanging in the air.
That would leave Great Britain as the only member state fundamentally out of tune with mainstream European values on human rights.
Ralf Grahn
The Charter of Fundamental Rights of the European Union was prepared by the first broadly based Convention, encompassing members of the European Parliament and national parliaments. At the summit in Nice, in December 2000, the member states were not yet unanimously ready to incorporate the Charter into the Treaty of Nice.
The Charter was jointly proclaimed by the European Parliament, the Council and the European Commission on 7 December 2000, and it became politically but not legally binding (OJ 18.12.2000, C 364/1).
The second Convention incorporated the Charter into the Treaty establishing a Constitution for Europe signed in Rome on 29 October 2004 (OJ 16.12.2004, C 310/1), where it became Part II.
Since the Constitutional Treaty was not ratified by all member states, the Charter has continued to live on as a solemn political proclamation.
***
The intergovernmental conference (IGC 2007) decided, in line with its June mandate, to make the Charter legally binding without incorporating the text into the Reform Treaty, now called the Treaty of Lisbon.
One day before the signing of the Treaty of Lisbon, the Charter was solemnly proclaimed in Strasbourg by the European Parliament, the Council and the European Commission. The Charter of Fundamental Rights of the European Union has been published in the Official Journal of the European Union (OJ 14.12.2007, C 303/1) with the Explanations relating to the Charter of Fundamental Rights (C 303/17).
***
Since the solemn proclamation ceremony in Strasbourg was marred by unseemly protests in the European Parliament, it is appropriate to mention that the 27 member states’ governments and the European Commission have acted unanimously, and that the groupings against citizens’ rights had suffered a resounding defeat, 534 MEPs voting in favour of the Charter, 85 against and 21 abstentions.
This disgraceful tumult against the rights of EU citizens has been justly reprimanded, although friends of loutish behaviour have done their utmost to turn their soul buddies into champions of free speech for trying to disrupt a solemn and, for most Europeans, joyful occasion.
***
This is not the place for detailed analysis of the Charter, but a brief look at the headlines of the Articles gives an overview of the freedoms, rights and principles it contains:
TITLE I DIGNITY
Human dignity
Right to life
Right to the integrity of the person
Prohibition of torture and inhuman or degrading treatment or punishment
Prohibition of slavery and forced labour
TITLE II FREEDOMS
Right to liberty and security
Respect for private and family life
Protection of personal data
Right to marry and right to found a family
Freedom of thought, conscience and religion
Freedom of expression and information
Freedom of assembly and of association
Freedom of the arts and sciences
Right to education
Freedom to choose an occupation and right to engage in work
Freedom to conduct a business
Right to property
Right to asylum
Protection in the event of removal, expulsion or extradition
TITLE III EQUALITY
Equality before the law
Non-discrimination
Cultural, religious and linguistic diversity
Equality between women and men
The rights of the child
The rights of the elderly
Integration of persons with disabilities
TITLE IV SOLIDARITY
Workers’ right to information and consultation within the undertaking
Right of collective bargaining and action
Right of access to placement services
Protection in the event of unjustified dismissal
Fair and just working conditions
Prohibition of child labour and protection of young people at work
Family and professional life
Social security and social assistance
Health care
Access to services of general economic interest
Environmental protection
Consumer protection
TITLE V CITIZENS’ RIGHTS
Right to vote and to stand as a candidate at the elections to the European Parliament
Right to vote and to stand as a candidate at municipal elections
Right to good administration
Right of access to documents
European Ombudsman
Right to petition
Freedom of movement and of residence
Diplomatic and consular protection
TITLE VI JUSTICE
Right to an effective remedy and to a fair trial
Presumption of innocence and right of defence
Principles of legality and proportionality of criminal offences and penalties
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
TITLE VII GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER
Field of application
Scope and interpretation of rights and principles
Level of protection
Prohibition of abuse of rights
***
Why is the Charter important?
Indeed, the Charter contains no new rights. They all exist in the EU Treaties, in the the European Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe) and various other human rights documents.
But bringing these various rights together, and making them visible for the citizens of the Union, is a manifestation of shared European values. The result is the most up to date legally binding human rights document on earth, and it offers the citizens a basis for scrutiny of EU institutions and member states when they implement European Union law.
The political rights of the Union’s citizens are still underdeveloped, but otherwise the Charter is a step towards recognition of the interests of the citizens as the foundation for the European project.
The Charter is a source of pride for the EU citizens, and it is going to be a source of reference for human rights in the world.
Naturally, the Charter would have been more visible if it had become a part of the Lisbon Treaty (and of future consolidated versions of the Treaty).
***
The European Union is given leave to accede to the European Convention for the Protection of Humans Rights and Fundamental Freedoms.
The constitutional traditions common to the Member States form part of the general principles of European Union law.
***
The Treaty of Lisbon (Official Journal of the European Union 17.12.2007, C 306/1) repeals Articles 4 and 5 of the Treaty on European Union (latest consolidated version OJ 29.12.2006, C 321 E/1). Consequently, the following Article is numbered 6, the present one being replaced by the following
Article 6
1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.
2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union’s competences as defined in the Treaties.
3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.
***
Unanimity among the member states’ governments has come at a price. The unity of EU law is diminished by the opt-outs of the governments of the United Kingdom and Poland.
See Protocol Number 7 on the application of the Charter of Fundamental Rights to Poland and the United Kingdom, as well as the Polish declarations 51 and 53 annexed to the Treaty of Lisbon.
The new Polish government has not been able to relinquish the opt-out, since it needs the support of the morally conservative opposition to ratify the Treaty of Lisbon. But the new government wants Poland to become a constructive force in EU politics, so a future renouncement of the opt-out seems to be hanging in the air.
That would leave Great Britain as the only member state fundamentally out of tune with mainstream European values on human rights.
Ralf Grahn
Saturday, 8 December 2007
Two Treaties but one European Union
My aim is to walk through the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), step by step, as if the Reform Treaty to be known as the Treaty of Lisbon was in force. I am going to present a consolidated version of the Treaties, Article by Article. I imagine that my rudimentary comments might be helpful to students and citizens who want basic information.
***
The Treaty of Lisbon is just what it says, an international treaty between states, not a Constitution based on the people.
The Member States have chosen to underline this fact by adding the words “on which the Member States confer competences to attain objectives they have in common” to the first paragraph.
On the other hand, these “competences” (powers) make the European Union unique (sui generis) among international organisations, since the Member States have created supranational institutions with legislative, executive and judiciary powers.
If the first phase, European integration was dominated by the aim to ensure peace between the Member States and to enhance living standards by creating a common market. The present main challenges of the European Union are global and transnational security and economic concerns, which the individual Member States are progressively less capable of handling on their own.
The second paragraph on “an ever closer union” is unchanged. From a citizen’s perspective it is an important principle that decisions are to be taken as openly as possible and as closely as possible to the citizen, although at this stage it reflects government “for the people” rather than “of the people” or “by the people”.
The third paragraph merges the present European Union and the European Community (EC; former EEC) into one European Union (EU). The EC is replaced by the EU and thus becomes history. At the same time Community legislation and activities continue within the EU.
If the Treaty of Lisbon enters into force, we are going to have one Union, but two Treaties. The first one, with amendments, is called the Treaty on European Union, as today. The second one is going to have a new name: the Treaty on the Functioning of the European Union. Together they are “the Treaties”.
***
The consolidated Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07), Title I, General Provisions (formerly Common Provisions):
Article 1
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they have in common.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as “the Treaties”). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
***
Our next look is going to be at the founding values of the European Union.
Ralf Grahn
P.S. Readable consolidations of the new Treaties in all of the official languages are a basic necessity if the EU aims to act openly, close to the citizen and to treat all citizens equally.
There are consolidated versions of the Treaty of Lisbon, in English by the Institute of European Affairs (IIEA), in Ireland, and by professor Steve Peers (Statewatch Observatory on the Constitution/Reform Treaty), as well as in French (Assemblée nationale) and in Spanish (Real Instituto Elcano).
English http://www.iiea.com
English http://www.statewatch.org
French http://www.assemblee-nationale.fr
Spanish http://www.realinstitutoelcano.org
I am grateful for information on existing or forthcoming consolidations in different languages.
***
The Treaty of Lisbon is just what it says, an international treaty between states, not a Constitution based on the people.
The Member States have chosen to underline this fact by adding the words “on which the Member States confer competences to attain objectives they have in common” to the first paragraph.
On the other hand, these “competences” (powers) make the European Union unique (sui generis) among international organisations, since the Member States have created supranational institutions with legislative, executive and judiciary powers.
If the first phase, European integration was dominated by the aim to ensure peace between the Member States and to enhance living standards by creating a common market. The present main challenges of the European Union are global and transnational security and economic concerns, which the individual Member States are progressively less capable of handling on their own.
The second paragraph on “an ever closer union” is unchanged. From a citizen’s perspective it is an important principle that decisions are to be taken as openly as possible and as closely as possible to the citizen, although at this stage it reflects government “for the people” rather than “of the people” or “by the people”.
The third paragraph merges the present European Union and the European Community (EC; former EEC) into one European Union (EU). The EC is replaced by the EU and thus becomes history. At the same time Community legislation and activities continue within the EU.
If the Treaty of Lisbon enters into force, we are going to have one Union, but two Treaties. The first one, with amendments, is called the Treaty on European Union, as today. The second one is going to have a new name: the Treaty on the Functioning of the European Union. Together they are “the Treaties”.
***
The consolidated Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07), Title I, General Provisions (formerly Common Provisions):
Article 1
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they have in common.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as “the Treaties”). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
***
Our next look is going to be at the founding values of the European Union.
Ralf Grahn
P.S. Readable consolidations of the new Treaties in all of the official languages are a basic necessity if the EU aims to act openly, close to the citizen and to treat all citizens equally.
There are consolidated versions of the Treaty of Lisbon, in English by the Institute of European Affairs (IIEA), in Ireland, and by professor Steve Peers (Statewatch Observatory on the Constitution/Reform Treaty), as well as in French (Assemblée nationale) and in Spanish (Real Instituto Elcano).
English http://www.iiea.com
English http://www.statewatch.org
French http://www.assemblee-nationale.fr
Spanish http://www.realinstitutoelcano.org
I am grateful for information on existing or forthcoming consolidations in different languages.
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