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The Lisboa-Treaties: How do we revise the policies?

As a citizen of a small country, I am concerned not only with the form of the treaty but also with the objectives of the policies. This post deals with the structure of the treaties and the individual policies, but not all of them.

Let’s have a look at the overall structure of the Lisboa-treaty:

 Objectives and Legal Principles:

• The Treaty of Lisbon renamed the Treaty establishing the European Community to the Treaty on the Functioning of the European Union (TFEU). “Community” was replaced throughout the text by “Union.”
• It does not create state-like Union symbols (such as a flag or anthem), but it preserves most of the substantial achievements of the previous Constitutional Treaty.
• No additional exclusive competencies were transferred to the Union by the Treaty of Lisbon. However, it modifies how the Union exercises its existing powers and introduces some new (shared) powers.
• The Treaty enhances citizens’ participation, protection, and democratic accountability. It also modifies decision-making processes for increased efficiency and transparency.
• Unlike the Constitutional Treaty, the Treaty of Lisbon does not formally enshrine the supremacy of Union law over national legislation, but a declaration attached to the Treaty reaffirms this principle

Democratic Principles:

• The Treaty of Lisbon expresses three fundamental principles:
  • Democratic equality: Ensures equal representation and participation.
  • Representative democracy: Empowers the European Parliament with further legislative powers.
  • Participatory democracy: Introduces a citizens’ initiative.

Legal Personality and International Agreements:

• The Treaty gives the EU an entire legal personality, allowing it to sign international treaties within its attributed powers or join international organizations.
• Member States may only sign international agreements compatible with EU law.

Structure

In so far as the structure of the post-Lisboa Treaty, the following observations have been made:

Structure of the Post-Lisbon Treaty:

1. Two-Pillar Approach:
   • Some scholars argue that the post-Lisbon setup resembles a two-pillar structure:
     • The Treaty on the Functioning of the European Union (TFEU) provides the first pillar, covering economic matters, internal market, and competencies.
     • The Treaty on the European Union (TEU), particularly its provisions on the Common Foreign and Security Policy (CFSP), constitutes the second pillar. This might be explored -it was a British idea to seperate External Relations from the CFSP, but perhaps the wiser cource of action is to introduce cautious changes. For instance, the EEAS could be renamed the European Foreign Service of the EU Commission and the High Representative the External Relations Commissioner. The end-goal, however, must be clear: Foreign Policy must become an exclusive competence of the European Diplomatic Service of the Eu Commission. Many member states are already down-sizing their bilateral embassies in the EU. What do you think ?
2. Enhanced Efficiency and Democracy:
   • The European Parliament and national parliaments play a more significant role.
   • It also sought to improve coherence in external actions.
3. Deepening and Widening:
   • Despite the demanding procedural requirement for treaty amendments (requiring unanimity among Member States), the EU has experienced both deepening (expanding competencies) and widening (increasing membership) since its inception.
   • Originally an economic-focused organization of six countries, the EU now encompasses twenty-seven Member States with diverse objectives, including foreign policy, security, and cross-border crime.

Approximating to the Erstwhile Constitution:

1. Referencing the Constitution:
   • Rather than directly incorporating the constitution, the post-Lisbon Treaty could explicitly reference its principles and values. This maintains flexibility while acknowledging its historical significance.
2. Preamble Emphasis:
   • A robust preamble in the treaty could reaffirm the EU’s commitment to fundamental rights, democratic values, and shared objectives. This gentle approach highlights continuity.
3. Expanded Scope:
   • Consider expanding the Treaty’s scope to address emerging issues (e.g., digital rights and environmental protection) while respecting local sensitivities.

Balancing Act:

• Delicate diplomacy is crucial. Engage with local elites, seek their input, and emphasize the benefits of alignment without undermining their interests.
• Highlight how constitutional principles enhance the EU’s legitimacy and effectiveness.

In summary, a thoughtful approach that acknowledges historical context, involves stakeholders and balances continuity with adaptation can help approximate the post-Lisbon Treaty to the erstwhile constitution without causing an undue backlash.

The Treaty of Lisbon, which amends the Treaty on the European Union and the Treaty establishing the European Community, introduced significant changes to the European Union’s structure and competencies. Let’s delve into the competence catalogue of Title 1 articles 2A-F, and explore potential ways to strengthen or redistribute these competencies.

1. Types of Competences:
   1. The Treaty of Lisbon distinguishes between three types of competences:
      1. Exclusive Competence: Member States only implement in areas where the Union alone can legislate.
      1. Shared Competence: Member States can legislate and adopt legally binding measures if the Union has not done so.
      1. Supporting Competence: The EU adopts measures to support or complement Member States’ actions
2. Strengthening Competencies:
   1. To enhance the effectiveness of the Union, competences could be strengthened by:
      1. Harmonizing Regulations: Ensuring consistent rules across Member States regarding trade, environment, and consumer protection.
      1. Empowering EU Institutions: Granting more authority to the European Parliament and the European Commission.
      1. Investing in Research and Innovation: Strengthening the EU’s role in technology development and scientific advancements.
3. Redistributing Competences:
   1. Consider redistributing competences based on:
      1. Subsidiarity: Assessing whether some issues are better handled at the EU or national level.
      1. Proportionality: Ensuring that EU intervention is proportionate to the issue.
      1. Democratic Accountability: Involving citizens and national parliaments in decision-making.
      1. Emerging Challenges: Addressing new challenges like cybersecurity, artificial intelligence, and digital transformation.

A thoughtful review of competencies and strategic adjustments can strengthen the EU’s capacity to address contemporary challenges and foster a more cohesive and effective Union.

Let´s now turn our attention to the singular policies of the Treaty.

Charter for Fundamental Rights

I propose reinserting the Charter for Fundamental Rights at the top of the Treaties and making it legally binding when EU law is applied and within the Member states’ legal order when they apply both Eu law and national law.

Pros of Incorporating the Charter into Treaties:

1. Enhanced Legal Force: By integrating the Charter into the treaties, its provisions, which are already legally binding, gain in stature, coherence and potency. This means that individuals can rely on the Charter in national courts and before the European Court of Justice (ECJ) without the need for implementing legislation and confusion.
2. Visibility and Awareness: Elevating the Charter to treaty status would increase its visibility and awareness among EU citizens. It becomes a central reference point for fundamental rights protection.
3. Uniform Application: Treating the Charter as part of the treaties ensures uniform application across all EU Member States. It eliminates variations in interpretation and implementation.

Cons of Incorporating the Charter into Treaties:

1. Amendment Difficulty: Treaty amendments require unanimity among Member States. Incorporating the Charter would necessitate a cumbersome process, potentially leading to delays or resistance.
2. Flexibility Concerns: The Charter allows for more interpretation flexibility as a standalone document. Treaty provisions are often more rigid and may not adapt well to evolving societal needs.
3. Risk of Dilution: Some fear merging the Charter with the treaties might dilute its strong human rights protections. Treaty provisions cover many topics, and fundamental rights could get lost.

Proposals for Revising and Updating the Charter:

1. Explicitly Referencing the Charter: The treaties could explicitly reference the Charter as a guiding document rather than full incorporation. This maintains flexibility while emphasizing its importance.
2. Charter Preamble: Including a preamble in the treaties that reaffirms the Charter’s significance could strike a balance between visibility and flexibility.
3. Regular Review Mechanism: Establishing a periodic review process for the Charter ensures that it remains relevant and up-to-date. This could involve consultations with civil society, legal experts, and EU institutions.
4. Expanded Scope: Consider expanding the Charter’s scope to address emerging issues (e.g., digital rights, environmental rights) and ensuring its applicability beyond EU law.

In conclusion, reinserting the Charter into the treaties involves a delicate balance between legal force, flexibility, and practicality. Regardless of the approach, safeguarding fundamental rights remains paramount in the EU’s legal framework. It must be legally binding at both EU and MS Levels and must be encoraged to be invoked by legal practioneers and applied by the Courts -it already has a legal status similiar to the Treaty,i.e. it has constituional rank. Training must be provided on the implementation of its provisions at the EU and member state level, and hefty fines meeted out for those violating its require-ments to prevent miscalculations about what it means to be a human being and the portend of the EU’s ambition about man.

Eu citizenship

The concept of citizenship originates from Spain’s encounter with the Indians in the Americas and their presence in metropolitan Spain. Spain also introduced the idea into the Maastricht Treaty by giving its citizens unique rights. EU citizenship is a unique concept that complements but does not replace national citizenship. Here are the current clauses related to EU citizenship:

1. Basis of EU Citizenship:
   • Under Article 9 TEU and Article 20 TFEU, every person holding the nationality of an EU Member State is automatically a citizen of the Union. Nationality is defined according to the national laws of that State.
2. Rights of EU Citizens: EU citizens have the following rights:
   • Non-Discrimination: EU citizens cannot be discriminated against based on nationality.
   • Free Movement: The right to move and reside freely within the EU.
   • Voting and Candidacy: Eligibility to vote and be a candidate in European Parliament and municipal elections.
   • Consular Protection: Assistance from any other EU country’s embassy or consulate when in distress outside the EU.
   • Petition and Complaints: The right to petition the European Parliament and complain to the European Ombudsman.
   • European Citizens’ Initiative: The ability to launch or support initiatives for EU legislation.
   • Language Access: The right to contact and receive responses from any EU institution in one of the EU’s official languages.
3. EU Citizenship Reports:
   • The European Commission reports progress towards effective EU citizenship every three years. The 2023 Citizenship Report outlines measures to strengthen and promote EU citizenship rights, shared values, and democratic participation.
4. Eurobarometer Surveys:
   • The 2023 Eurobarometer on Citizenship and Democracy assessed Europeans’ familiarity with their EU citizenship status and understanding of key rights conferred by EU citizenship
5. Investor Citizenship Schemes:
   • The Commission’s report on Investor Citizenship and Residence Schemes provides an overview of such schemes operating in the EU.
6. Knowing Your Rights and Getting Help:
   • Resources like Your Europe and SOLVIT offer information and assistance related to EU citizens’ rights.

The best-known legal commentary on the citizen directive is by Professor Elspeth Guild. The EU Citizenship Directive defines the right of free movement for European Economic Area (EEA) citizens. It applies to EU citizens and their family members who move to visit or reside in another Member State. While seemingly straightforward, questions arise: Who determines a person’s EU citizenship? What about dual citizens of two Member States or one Member State and a non-member State? How does the Directive address EU citizens who move to one Member State and then return home?

This comprehensive commentary on the EU’s Citizens’ Directive traces its evolution, placing each article in a historical and legislative context. It emphasizes connections between provisions, allowing a global understanding of the system of free movement rights. Annotations include detailed analyses of Court of Justice case law and related measures impacting interpretation, such as European Commission reports and guidelines on implementation. The Directive covers general provisions, right of exit and entry, residence, permanent residence, restrictions, and final provisions. If you’re interested in EU law and the intricacies of citizenship rights, this commentary provides valuable insights.

Supranational Citizenship by Lynn Dobson offers a coherent and innovative conception of citizenship that transcends specific nation-states. Her point raises more significant questions about its social and moral order, justice, stability, and cohesion,i.e., whether the EU can claim a demos, how state-like it may be, and whether it should have a written Constitution. The book explores the changing nature of citizenship, European integration, and international relations. Key points include:

• Citizenship Beyond Nation-States: Dobson theorizes a citizenship independent of any particular political organization. It’s not merely a status but an institutional role enabling individuals to shape their lives and promote freedom and well-being.
• European Union Context: The book relates this conception of citizenship to topical EU issues:
  • Democracy and Legitimate Authority: How citizenship functions in a supranational context.
  • Non-National Political Community: Examining citizenship beyond national borders.
  • Supranational Constitution: Understanding the EU’s constitutional framework.
• Philosophical Foundations: Dobson draws on ideas from philosopher Alan Gewirth to argue that political institutions are normatively evaluated in light of their effectuating a person’s moral rights to freedom and well-being. It argues the critical consideration is the constitution of legitimate political authority, not the form of political organization. A necessary condition for such authority is citizenship. In turn, effective institutionalization and exercise of the citizen’s rights require capacities only the constitutional context can enable and resources only it can provide.

In summary, “Supranational Citizenship” challenges traditional notions of citizenship and explores its relevance in a changing global landscape.

Let’s explore ways to enhance these provisions:

1. Strengthening Democratic Participation and Inclusion:
   • Empowerment: Encourage active participation in elections and democratic processes
   • Local Engagement: Allocate more resources to liaison offices of European institutions, enhancing education about the EU at the local and regional levels.
2. Effective Exercise of Voting Rights:
   • Accessibility: Simplify voting procedures for EU citizens residing in other Member States.
   • Awareness: Promote awareness of voting rights and facilitate absentee voting.
3. Facilitating Free Movement and Daily Life:
   • Legal Certainty: Clarify rules for exercising free movement rights, ensuring citizens’ confidence.
   • Cross-Border Work and Travel: Simplify administrative processes for cross-border employment and travel.
4. Protecting and Promoting EU Citizenship:
   • Consular Protection: Strengthen consular assistance for EU citizens abroad.
   • Solidarity in Crisis: Ensure protection during emergencies and crises
5. Promoting EU Values:
   • Education: Integrate EU values and cultural citizenship into education curricula.
   • Digital Literacy: Foster awareness of digital rights and responsibilities.
6. Solidarity Within and Beyond the EU:
   • Intra-EU Solidarity: Support citizens within the EU through coordinated efforts.
   • Extra-EU Solidarity: Extend protection and assistance to EU citizens beyond the Union’s borders.

In summary, reinforcing democratic engagement, simplifying processes, and safeguarding citizens’ rights are crucial to improving EU citizenship.

Let’s have a look at the various policies:

1. Agricultural Policy:
   • The current challenges pastoral and agricultural communities face in arid and semi-arid areas necessitate a robust agricultural policy. We propose the following revisions:
     • Enhanced Resilience: Addressing “lean” seasons within years and recurring droughts to ensure food security.
     • Sustainable Practices: Promoting environmentally friendly farming techniques, soil conservation, and water management.
     • A Healthy and Nutritious Diet: Underpin a Healthy and Nutritious Diet among EU citizens and Member States.
     • Inclusive Support: Providing targeted assistance to small-scale farmers and ensuring equitable access to resources.
2. Technology Policy:
   • A revised technology policy should focus on:
     • Innovation Ecosystems: Encouraging research, development, and adoption of emerging technologies.
     • Digital Sovereignty: Safeguarding EU interests in the digital realm.
     • Ethical Considerations: Setting guidelines for responsible technology use, data privacy, and cybersecurity.
3. Research, Development, and Innovation (RDI):
   • Strengthening RDI requires:
     • Increased Funding: Allocating resources to cutting-edge research and fostering collaboration.
     • Cross-Sectoral Approach: Integrating RDI efforts across health, environment, and technology fields.
     • Talent Retention: Attracting and retaining skilled researchers within the EU.
4. Common Foreign and Security Policy (CFSP):
   • The CFSP aims to:
     • Preserve Peace: Strengthening international security and promoting cooperation.
     • Democracy and Human Rights: Consolidating democracy, the rule of law, and respect for fundamental freedoms.
     • Unified Action: Advocating for more robust, credible, and strategic EU engagement on the global stage.
5. Education Policy:
   • Revised education policies should prioritize:
     • Lifelong Learning: Equipping citizens with adaptable skills for a changing world.
     • Inclusivity: Ensuring equal access to quality education regardless of socio-economic background.
     • Digital Literacy: Integrating technology and digital skills into curricula.

6. Health Policy:
   • Strengthening health policies involves:
     • Pandemic Preparedness: Enhancing early warning systems and global health cooperation.
     • Health Equity: Reducing disparities in access to healthcare services.
     • Research and Innovation: Investing in medical research and technology for better health outcomes.

European development policy plays a crucial role in fostering sustainable development and stability in developing countries, aiming to eradicate extreme poverty. Let’s delve into the provisions and explore ways to strengthen them:

1. Policy Coherence for Development (PCD): This principle allows us to minimize contradictions and build synergies between EU policies that may impact our partner countries. To strengthen PCD:
   • Enhance coordination: Ensure that policies related to trade, agriculture, environment, and migration align with development objectives emphasising development needs and technology transfer balanced by increased trade combined with good governance, rule of law and strengthened governance and respect for human rights.
   • Regular assessments: Conduct periodic assessments to identify areas where coherence can be improved.
2. Development Effectiveness:
   • Smarter financing: Optimize development aid by focusing on results-oriented investments. Prioritize projects that have a measurable impact on poverty reduction, education, health, and gender equality.
   • Capacity building: Strengthen local institutions and empower communities to drive sustainable development.
3. European Consensus on Development:
   • Review and update: Regularly assess the Consensus to ensure it remains relevant and aligned with global development goals.
   • Inclusive partnerships: Engage civil society organizations, the private sector, and local communities in shaping development policies.
4. Climate Change Resilience:
   • Mainstream climate action: Integrate climate adaptation and mitigation strategies into development projects.
   • Support green technologies: Invest in renewable energy, sustainable agriculture, and eco-friendly infrastructure.
5. Conflict Prevention and Peacebuilding:
   • Early warning systems: Strengthen mechanisms to detect and prevent conflicts before they escalate.
   • Invest in peacebuilding: Support initiatives that promote dialogue, reconciliation, and stability.
6. Gender Equality and Social Inclusion:
   • Gender-responsive policies: Ensure development programs address gender disparities and promote women’s empowerment.
   • Inclusive approaches: Consider marginalized groups, such as persons with disabilities and indigenous communities.
7. Private Sector Engagement:
   • Responsible business practices: Encourage private companies to invest in sustainable development while respecting human rights and environmental standards.
   • Public-private partnerships: Collaborate with businesses to leverage their expertise and resources.

Strengthening EU development policies requires a collective effort involving policymakers, civil society, and citizens. By addressing these aspects, we can enhance the impact of our development assistance and contribute to a more equitable and prosperous world.

Article 42

I am less sure it makes sense to do much about fleshing out each of the three phases of the European Defence rather than leaving things open. In any event, let’s have a look at Article 42 and how it might be done:

1. Phase 1: ESDP (Ending in 2027):
   • Objective: Strengthen crisis prevention and preparedness.
   • Focus Areas:
     • Early Warning Systems: Enhance detection and analysis of security risks.
     • Conflict Prevention Diplomacy: Engage in preventive diplomacy and mediation.
     • Capacity Building: Empower partner countries to address emerging threats.
     • Action: Making the European Deployment Capability (EDC) operational.
2. Phase 2: European Defence Policy (ab 2028):
   • Objective: Implement capability commitments made by the Council ( Helsinki Headline Goals).
   • Key Commitment: Achieve a force of 60,000 men under arms by leveraging joint military capabilities.
   • Actions:
     • Military Rapid Reaction: EU CROC, EI2, Euromarfor, Eurogendfor, Eurocorpse.
     • Civilian Crisis Management: Deploy experts for stability and rule of law.
3. Phase 3: A Common Defence:
   • Objective: Establish a robust collective defense mechanism.
   • Options:
     • European Army: While an entire European army with 1.4 million personnel is ambitious, consider a more scaled-down version.
     • Integrated Forces: Further Development of joint forces for rapid response and territorial defense.

Remember, these phases require strategic planning, cooperation among member states, and a commitment to European security and stability. Let’s approach this with the seriousness it deserves.

Okay – that’s all, folks.

GOCIU assisted by Co-pilot. Kuk-kuk-kuk

Links:

https://www.robert-schuman.eu/en/european-issues/0173-fundamental-rights-protection-in-the-eu-post-lisbon-treaty

https://link.springer.com/chapter/10.1007/978-3-030-48317-3_15

https://www.robert-schuman.eu/en/european-issues/0173-fundamental-rights-protection-in-the-eu-post-lisbon-treaty

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=URISERV:ai0033

http://www.inquiriesjournal.com/articles/1077/the-importance-of-the-lisbon-treaty-in-the-future-governance-of-europe-and-the-necessity-for-further-revision

The Lisbon Treaty

https://www.cambridge.org/core/books/abs/european-union-after-the-treaty-of-lisbon/institutional-development-of-the-eu-postlisbon/C6A6480A330CC2AA17B057C063D7E1E7

https://www.europarl.europa.eu/doceo/document/A-8-2019-0051_EN.html

https://www.europarl.europa.eu/factsheets/en/sheet/145/the-citizens-of-the-union-and-their-rights

https://op.europa.eu/en/publication-detail/-/publication/b722ff83-8cba-4211-93b7-e06aff1172ce

https://eur-lex.europa.eu/EN/legal-content/summary/the-treaty-of-lisbon.html

https://commission.europa.eu/system/files/2020-12/eu_citizenship_report_2020_-_empowering_citizens_and_protecting_their_rights_en.pdf

https://www.studiointernational.com/italian-futurism-1909-1944-reconstructing-the-universe-guggenheim-new-york