Wednesday 1 October 2008

EU: Privileged access prohibited V

What, if anything, has been said about the minor amendments in Article 124 of the Treaty on the Functioning of the European Union (TFEU)?


United Kingdom

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

Peers presented the text of Article 102 TFEU (ToL), to be renumbered Article 122 TFEU in the consolidated version, and highlighted the changes, except the expanded Union ‘institutions, bodies, offices or agencies’. He offered the following comment (page 7):

“The legal base in paragraph 2 has been moved to Article 103(2), with amendments.”

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


The Foreign and Commonwealth Office (FCO) offers a convenient source of brief annotations on Lisbon Treaty amendments in ‘A comparative table of the current EC and EU treaties as amended by the Treaty of Lisbon’ (Command Paper 7311, published 21 January 2008). It offers the following comment on Article 124 TFEU, Article 102 TFEU (ToL) in the original Lisbon Treaty (page 12):

“In substance the same as Article 102 TEC, but now includes a reference to agencies. Outdated paragraph 2 is deleted.”

[Nit-picking: Both ‘offices’ and ‘agencies’ are new. The ‘deleted’ paragraph 2 reappears in the following Article, with amendments.]

The FCO comparative table is available at:


The UK House of Commons Library Research Paper 07/86 ‘The Treaty of Lisbon: amendments to the Treaty establishing the European Community’ (published 6 December 2007) discussed ‘H. Economic and Monetary Policy’ on pages 61 to 64, but I found nothing on Article 102 TFEU (ToL).

The Library Research Paper 07/86 is available at:


The House of Lords European Union Committee report ‘The Treaty of Lisbon: an impact assessment, Volume I: Report’ (HL Paper 62-I, published 13 March 2008) is refreshing in that it evaluates amendments and evidence given, but nothing seems to have been said about Article 102 TFEU (ToL).

The impact assessment report is accessible at:


The following post is going to present additional legislative materials on Article 124 TFEU.

Ralf Grahn

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