Wednesday 7 November 2007

Lisbon Treaty: Dadaistic legal drafting

José M. de Areilza scorns the preparation and drafting of the Reform Treaty of the European Union. The Lisbon Treaty is a low point in European integration. A few quotes:

”Lisbon is one of the lowest points in European integration, in terms of living up to ideals and the demands of democratic process and political debate.”

“Plus, leaders not wanting to publish a consolidated version of the new Treaty until it is ratified, European citizens should not waste their time reading the new rules of the game, written in non-sensical Dada fashion.”

“In any case, policy improvements do not justify the total departure from the rhetoric of bringing citizens and institutions closer.”


The comparison between dadaistic non-sense and the legal drafting of the Lisbon Treaty is made by a Spanish professor in European Law.

The clamour for more readable, consolidated treaties is growing louder by the day.

Ralf Grahn


José M. de Areilza: Treaty of Lisbon: ”jamais vu”;, 3.11.2007 ;


  1. Is was looking in the web for the Charter of Fundamental Rights, which has now been declared binding by the new Treaty.

    The only thing I could find was this.

    Is that the Charter which is meant in the new Treaty?

  2. RZ, generally speaking you are right; the Charter elaborated by the first Convention (led by Herzog) and proclaimed as politically binding in Nice.

    The second Convention (chaired by Valéry Giscard d'Estaing) made it part II of the Draft Constitution with minimal updates.

    Then, if I remember correctly, the 2003-2004 intergovernmental conference agreed to underline some restrictions concerning the scope (perhaps text, possibly protocol).

    In the latest IGC Britain (and Poland) opted out (protocol), the Charter is not going to be an integral part of the two amended treaties, and possibly there are going to be some small modifications.

    But the best version available to the public would be part II of the Constitution signed in 2004 and a check on the proposed treaties and protocols of October 2007. (All this from memory).


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