150-677: The Treaty of Lisbon (initially known as the Reform Treaty ) is a European agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states on 13 December 2007, entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as
300-586: A common foreign and security policy would be incompatible with that. With the end of the Cold War in 1989, that obstacle was removed, and the desire to pursue membership grew stronger. On 3 October 1990, the reunification of East and West Germany brought East Germany into the Community without increasing the number of member states. The Community later became the European Union in 1993 by virtue of
450-436: A preemptory norm ( jus cogens ) , such as permitting a war of aggression or crimes against humanity. A treaty is an official, express written agreement that states use to legally bind themselves. It is also the objective outcome of a ceremonial occasion that acknowledges the parties and their defined relationships. There is no prerequisite of academic accreditation or cross-professional contextual knowledge required to publish
600-407: A privileged partnership for Turkey, membership for which has faced considerable opposition on cultural and logistical grounds. Notes: The European Coal and Steel Community (ECSC) was proposed by Robert Schuman in his declaration on 9 May 1950 and involved the pooling of the coal and steel industries of France and West Germany . Half of the project states, Belgium , Luxembourg , and
750-681: A "Trio" formed by three consecutive Presidencies in order to provide more continuity to their conduct. However, the Foreign Affairs Council (one configuration of the Council of ministers), is no longer chaired by the representative of the member state holding the Presidency, but rather by the person holding the newly created post of High Representative . Additionally the Euro Group sub-unit of ECOFIN Eurozone countries
900-407: A "manifest violation" is required such that it would be "objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision. Consent is also invalid if it was given by a representative acting outside their restricted powers during
1050-455: A "period of reflection", member states agreed instead to maintain the existing treaties and amend them, to bring into law a number of the reforms that had been envisaged in the abandoned constitution. An amending "reform" treaty was drawn up and signed in Lisbon in 2007. It was originally intended to have been ratified by all member states by the end of 2008. This timetable failed, primarily due to
1200-516: A binding international agreement on several grounds. For example, the Japan–Korea treaties of 1905, 1907, and 1910 were protested by several governments as having been essentially forced upon Korea by Japan; they were confirmed as "already null and void " in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea . If an act or lack thereof is condemned under international law,
1350-499: A change is sufficient if unforeseen, if it undermined the "essential basis" of consent by a party if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries. Cartels ("Cartells", "Cartelle" or "Kartell-Konventionen" in other languages) were
1500-466: A decade, although some countries, notably Sweden, Finland, and Austria have been faster, taking only a few years. The process from application for association agreement through accession has taken far longer, as much as several decades (Turkey, for example, first applied for association in the 1950s and has yet to conclude accession negotiations). On 18 October 2019, France vetoed starting of negotiations with Albania and North Macedonia, citing problems with
1650-734: A general dispute resolution mechanism, many treaties specify a process outside the convention for arbitrating disputes and alleged breaches. This may by a specially convened panel, by reference to an existing court or panel established for the purpose such as the International Court of Justice , the European Court of Justice or processes such as the Dispute Settlement Understanding of the World Trade Organization . Depending on
SECTION 10
#17327718526261800-469: A general framework for the development of binding greenhouse gas emission limits, followed by the Kyoto Protocol contained the specific provisions and regulations later agreed upon. Treaties may be seen as "self-executing", in that merely becoming a party puts the treaty and all its obligations in action. Other treaties may be non-self-executing and require "implementing legislation"—a change in
1950-571: A majority to a new double majority , a more powerful European Parliament forming a bicameral legislature alongside the Council of Ministers under the ordinary legislative procedure , a consolidated legal personality for the EU and the creation of a long-term President of the European Council and a High Representative of the Union for Foreign Affairs and Security Policy . The Treaty also made
2100-561: A mandate for an Intergovernmental Conference (IGC) under their presidency. After the June negotiations and final settlement on a 16-page framework for the new Reform Treaty, the Intergovernmental conference on actually drafting the new treaty commenced on 23 July 2007. The IGC opened following a short ceremony. The Portuguese presidency presented a 145-page document (with an extra 132 pages of 12 protocols and 51 declarations) entitled
2250-543: A member state formally requests it. Moreover, from 2014 a new version of the 1994 " Ioannina compromise " allows small minorities of EU states to call for re-examination of EU decisions. The treaty instructs that Council deliberations on legislation (that include debate and voting) will be held in public (televised), as was already the case in the European Parliament. The Presidency of the Council of Ministers , rotates among member states every six months, with
2400-493: A new EU institution named the Court of Justice of the European Union . The jurisdiction of the courts continued to be excluded from matters of foreign policy, though new jurisdiction to review foreign policy sanction measures, as well as certain ' Area of Freedom, Security and Justice ' (AFSJ) matters not concerning policing and criminal cooperation, were added. The treaty has expanded the use of qualified majority voting (QMV) in
2550-458: A new role for national parliaments. Negotiations to modify EU institutions began in 2001, resulting first in the proposed Treaty establishing a Constitution for Europe , which would have repealed the existing European treaties and replaced them with a "constitution". Although ratified by a majority of member states, this was abandoned after being rejected by 55% of French voters on 29 May 2005 and then by 61% of Dutch voters on 1 June 2005. After
2700-581: A non-binding resolution endorsing the Lisbon Treaty by 525 votes in favour and 115 against, on the basis of an analysis of the treaty's implications by the Parliament's rapporteurs Richard Corbett and Inigo Mendez de Vigo . They had been the Parliament's rapporteurs on the constitutional treaty. All EU member states had to ratify the Treaty before it could enter into law. A national ratification
2850-564: A number of amendments to the Treaty on European Union ("Maastricht Treaty") and the Treaty establishing the European Community ("Treaty of Rome"), the latter renamed 'Treaty on the Functioning of the European Union' in the process. As amended by the Treaty of Lisbon, the Treaty on European Union provides a reference to the EU's Charter of Fundamental Rights , making that document legally binding. The Treaty on European Union,
3000-437: A number of bodies created by dedicated treaties continue to exist as international entities technically in their own right, but are nevertheless considered facets of the EU, as their membership is legally restricted exclusively to EU members and subject to termination in case of withdrawal of a member state from the EU, while their constituent treaties vest various powers regarding them in the EU institutions; these bodies are: In
3150-510: A previous treaty or international agreement. A protocol can amend the previous treaty or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol, and this is sometimes made explicit, especially where many parties to the first agreement do not support the protocol. A notable example is the United Nations Framework Convention on Climate Change (UNFCCC), which established
SECTION 20
#17327718526263300-659: A reference to breach "of the values referred to in Article 2" and the words "of this Treaty" shall be replaced by "of the Treaties"; The commission has published a consolidated text (in each community language) which shows the previous Treaties as revised by the Treaty of Lisbon. The fifty-five articles of the Charter of Fundamental Rights of the European Union enshrine certain political, social, and economic rights for both European Union citizens and residents, into EU law . It
3450-559: A single market by 1992. The effect of this was that EFTA states found it harder to export to the EEC and businesses (including large EFTA corporations such as Volvo ) wished to relocate within the new single market making the downturn worse for EFTA. EFTA states began to discuss closer links with the EEC despite its domestic unpopularity. Austria , Finland , and Sweden were neutral in the Cold War so membership of an organisation developing
3600-404: A single very long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund (desiring, recognizing, having, etc.). The High Contracting Parties—referred to as either the official title of the head of state (but not including the personal name), e.g. His Majesty The King of X or His Excellency The President of Y , or alternatively in
3750-464: A special kind of treaty within the international law of the 17th to 19th centuries. Their purpose was to regulate specific activities of common interest among contracting states that otherwise remained rivals in other areas. They were typically implemented on an administrative level . Similar to the cartels for duels and tournaments , these intergovernmental accords represented fairness agreements or gentlemen's agreements between states . In
3900-400: A territory voted to leave the Community , when Greenland was granted home rule by Denmark and the territory used its new powers and voted to withdraw from the Community (see member state territories ). Morocco and Turkey applied for membership in 1987. Morocco's application was turned down as it was not considered European; Turkey's application was considered eligible on the basis of
4050-464: A treaty requires implementing legislation, a state may default on its obligations due to its legislature failing to pass the necessary domestic laws. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear, or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to
4200-519: A treaty, the eschatocol (or closing protocol), is often signaled by language such as "in witness whereof" or "in faith whereof", followed by the words "DONE at", then the site(s) of the treaty's execution and the date(s) of its execution. The date is typically written in its most formal, non-numerical form; for example, the Charter of the United Nations reads "DONE at the city of San Francisco
4350-400: A treaty. However, since the late 19th century, most treaties have followed a fairly consistent format. A treaty typically begins with a preamble describing the "High Contracting Parties" and their shared objectives in executing the treaty, as well as summarizing any underlying events (such as the aftermath of a war in the case of a peace treaty ). Modern preambles are sometimes structured as
4500-495: A treaty. For example, within the United States, agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding . Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and
4650-491: A vote. The presidency of the council, which continues to rotate among member states every six months, has lost influence: the prime minister of the country in question no longer chairs the European Council, and its foreign minister no longer represents the EU externally (that is now done by the High Representative). Despite the acquisition by the European Union of full international legal personality upon entry of
Treaty of Lisbon - Misplaced Pages Continue
4800-576: A whole. As part of the deal for British entry, France agreed to allow the EEC its own monetary resources. However France made that concession only as Britain's small agriculture sector would ensure that Britain would be a net contributor to the Common Agricultural Policy dominated EEC budget . Applying together with the UK, as on the previous occasions, were Denmark , Ireland, and Norway . These countries were so economically linked to
4950-478: Is a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations, and became increasingly common and more sophisticated during the early modern era . The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on
5100-607: Is acting neither on a proposal of the Commission nor on one of the High Representative, QMV requires 72% of the member states while the population requirement remains the same. However, the "blocking minority" that corresponds to these figures must comprise at least 4 countries. Hence, the voting powers of the member states are based on their population, and are no longer dependent on a negotiable system of voting points. The reform of qualified majority voting (QMV) in
5250-535: Is said to be closed when both sides have agreed it has been implemented sufficiently, however it can still be re-opened if the Commission feels that the candidate has fallen out of compliance. To assess progress achieved by countries in preparing for accession to the European Union, the European Commission submits regular reports (yearly) to the European Council . These serve as a basis for
5400-513: Is sufficient common ground to have constructive negotiations. Negotiations are typically a matter of the candidate country convincing the EU that its laws and administrative capacity are sufficient to execute European law, which can be implemented as seen fit by the member states. Often this will involve time-lines before the Acquis Communautaire (European regulations, directives and standards) has to be fully implemented. A chapter
5550-656: The 25 Member States , was signed at a ceremony in Rome on 29 October 2004. Before it could enter into force, however, it had to be ratified by each member state. Ratification took different forms in each country, depending on the traditions, constitutional arrangements, and political processes of each country. In 2005, referendums held in France and the Netherlands rejected the European Constitution . While
5700-653: The Amato Group (officially the Action Committee for European Democracy, ACED) – a group of European politicians, backed by the Barroso Commission with two representatives in the group – worked unofficially on rewriting the Treaty establishing a Constitution for Europe (EU Constitution). On 4 June 2007, the group released their text in French – cut from 63,000 words in 448 articles in
5850-460: The Council was one of the main issues in the negotiation of the Lisbon Treaty. The earlier rules for QMV, set in the Treaty of Nice and applying until 2014, required a majority of countries (50% / 67%), voting weights (74%), and population (62%). Between 2014 and 2017 a transitional phase is taking place where the new QMV rules apply, but where the old Nice treaty voting weights can be applied when
6000-452: The Council will need to unanimously agree to start Kosovo's accession process by requesting an opinion from the European Commission on its application. The EU however remains divided on its policy towards Kosovo, with five EU member states not recognising its independence . According to the EU treaties , membership of the European Union is open to "any European State which respects
6150-587: The Council of Ministers . The European Round Table of Industrialists (ERT) Members contributed to the preparation of the Lisbon Agenda, which sought to make Europe the 'most competitive and dynamic knowledge-based economy in the world' by 2010. But the implementation of the Agenda was less impressive than the declarations made at its adoption by the European Council in March 2000. ERT Members constantly stressed
Treaty of Lisbon - Misplaced Pages Continue
6300-533: The Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community and made it available on the Council of Ministers website as a starting point for the drafting process. In addition to government representatives and legal scholars from each member state, the European Parliament sent three representatives. These were conservative Elmar Brok , social democratic Enrique Baron Crespo and liberal Andrew Duff . Before
6450-636: The European Parliament must agree to any enlargement. The process of enlargement is sometimes referred to as European integration . This term is also used to refer to the intensification of co-operation between EU member states as national governments allow for the gradual harmonisation of national laws. The EU's predecessor, the European Economic Community , was founded with the Inner Six member states in 1958, when
6600-414: The International Court of Justice . This was done to prevent the practice of secret treaties , which proliferated in the 19th and 20th centuries and often precipitated or exacerbated conflict. Article 103 of the Charter also states that its members' obligations under the Charter outweigh any competing obligations under other treaties. After their adoption, treaties, as well as their amendments, must follow
6750-603: The International Criminal Court and the United Nations , for which they often provide a governing framework. Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century. In contrast with other sources of international law, such as customary international law , treaties are only binding on the parties that have signed and ratified them. Notwithstanding
6900-563: The Maastricht Treaty , and established standards for new entrants so their suitability could be judged. The Copenhagen criteria stated in 1993 that a country must be a democracy, operate a free market , and be willing to adopt the entire body of EU law already agreed upon. Also in 1993 the European Economic Area was established with the EFTA states except Switzerland . Most of the new EEA states pursued full EU membership as
7050-592: The Netherlands , had already achieved a great degree of integration amongst themselves with the organs of Benelux and earlier bilateral agreements. These five countries were joined by Italy and they all signed the Treaty of Paris on 23 July 1952. These six members, dubbed the ' Inner Six ' (as opposed to the ' outer seven ' who formed the European Free Trade Association who were suspicious of such plans for integration) went on to sign
7200-571: The SWIFT data sharing deal with the US and threatened to do so over a free trade agreement with South Korea . The redistribution of separated powers was affected by the ratification process. Like the commission, the Council of Ministers has, relatively, lost power due to Treaty of Lisbon. Its dynamic has also changed as member states have lost their veto in a number of areas. Consequently, they have had to come up with stronger arguments faster in order to win
7350-645: The Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless: The possibility of withdrawal depends on
7500-557: The Treaties of Rome establishing two further communities, together known as the European Communities when they merged their executives in 1967. In 1962, Spain, ruled by the military dictator Francisco Franco , issued its first attempt to join the European Communities . Spanish Foreign Affairs minister Fernando María Castiella sent the request form to French Prime Minister Maurice Couve de Murville . This request
7650-515: The Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM). Prominent changes included the move from unanimity to qualified majority voting in at least 45 policy areas in the Council of Ministers , a change in calculating such
SECTION 50
#17327718526267800-525: The Treaty of Rome came into force. Since then, the EU's membership has grown to twenty-seven, with the latest member state being Croatia , which joined in July 2013. The most recent territorial enlargement of the EU was the incorporation of Mayotte in 2014. Campione d'Italia joined the EU Customs Union in 2020. The most notable territorial reductions of the EU , and its predecessors, have been
7950-400: The Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs , no special document is needed, as holding such high office is sufficient. The end of the preamble and the start of the actual agreement is often signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain
8100-557: The initial rejection of the Treaty in June 2008 by the Irish electorate, a decision which was reversed in a second referendum in October 2009 after Ireland secured a number of concessions related to the treaty. The need to review the EU's constitutional framework, particularly in light of the accession of ten new Member States in 2004, was highlighted in a declaration annexed to the Treaty of Nice in 2001. The agreements at Nice had paved
8250-402: The rule of law , human rights, respect for and protection of minorities , the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union. Membership presupposes the candidate's ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union. In December 1995,
8400-404: The "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose". International legal experts also often invoke the "principle of maximum effectiveness", which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties. No one party to a treaty can impose its particular interpretation of
8550-472: The 1963 Ankara Association Agreement but the opinion of the Commission on the possible candidate status was by then negative. Turkey received candidate status in 1999 and began full membership negotiations in 2005, which were still in progress as of 2021. After the 1970s, Europe experienced an economic downturn which led to leaders launching of the Single European Act which set to create
8700-493: The Copenhagen criteria, comes the further requirement that all prospective members must enact legislation to bring their laws into line with the body of European law built up over the history of the Union, known as the acquis communautaire . Today the accession process follows a series of formal steps, from a pre-accession agreement to the ratification of the final accession treaty. These steps are primarily presided over by
8850-416: The Council of Ministers by having it replace unanimity as the standard voting procedure in almost every policy area outside taxation and foreign policy. Moreover, taking effect in 2014, the definition of a qualified majority has changed: a qualified majority is reached when at least 55% of all member states, who comprise at least 65% of EU citizens, vote in favour of a proposal. When the Council of Ministers
9000-399: The Council of the European Union at the time, arranged a ceremony inside the 16th-century Jerónimos Monastery , the same place Portugal's treaty of accession to the European Union (EU) was signed in 1985. Representatives from the 27 EU member states were present, and signed the Treaty as plenipotentiaries , marking the end of treaty negotiations. In addition, for the first time an EU treaty
9150-486: The EEA did not sufficiently satisfy the needs of their export based corporations. The EU has also preferred these states to integrate via the EEA rather than full membership as the EEC wished to pursue monetary integration and did not wish for another round of enlargement to occupy their attention. However, with the EEA's credibility dented following rejection by businesses and Switzerland, the EU agreed with full membership. This
SECTION 60
#17327718526269300-412: The EEC. Equally, the EEC was unsure about which way these countries were heading and wanted to ensure stability along its southern borders. However François Mitterrand initially opposed their membership fearing they were not ready and it would water the community down to a free trade area. Greece joined the EEC in 1981 followed by Spain and Portugal in 1986. The year 1985, however, saw the first time
9450-466: The EU , with Chancellor Angela Merkel leading the negotiations as President-in-Office of the European Council. After dealing with other issues, such as deciding on the accession of Cyprus and Malta to the Eurozone , negotiations on the Treaty took over and lasted until the morning of 23 June 2007. The hardest part of the negotiations was reported to be Poland's insistence on square root voting in
9600-537: The EU since December 2016, due to backsliding in the areas of democracy, rule of law, and fundamental rights. Bosnia and Herzegovina and Georgia were granted official candidate status respectively in December 2022 and December 2023, but were asked to complete additional reforms before qualifying for the formal start of membership negotiations. Kosovo submitted an application for membership in December 2022. For Kosovo to be granted official candidate status,
9750-510: The EU the same month to membership in May 2004. Ease of accession depends on the state: how integrated it is with the EU beforehand, the state of its economy and public institutions, any outstanding political issues with the EU and (historically) how much law to date the EU has built up that the acceding state must adopt. This outline also includes integration steps taken by the accession country after it attains membership. Enlargement has been one of
9900-424: The EU's successful foreign policies, yet has equally suffered from considerable opposition from the start. French President Charles de Gaulle opposed British membership. A later French President, François Mitterrand , opposed Greek, Spanish and Portuguese membership, fearing that the former dictatorships were not ready and that the countries' inclusion would reduce the union to a free-trade area. The reasons for
10050-540: The European Commission ( Enlargement Commissioner and DG Enlargement ), but the actual negotiations are technically conducted between the Union's Member States and the candidate country. Before a country applies for membership it typically signs an association agreement to help prepare the country for candidacy and eventual membership. Most countries do not meet the criteria to even begin negotiations before they apply, so they need many years to prepare for
10200-618: The June meeting, the name 'Reform Treaty' also emerged, finally clarifying that the Constitutional approach was abandoned. Technically it was agreed that the Reform Treaty would amend both the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC) to include most provisions of the European Constitution, however not to combine them into one document. It was also agreed to rename
10350-648: The Law of Treaties codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches. Treaties are roughly analogous to contracts in that they establish the rights and binding obligations of the parties. They vary significantly in form, substance, and complexity and govern a wide variety of matters, such as security, trade, environment, and human rights. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). They may also be used to establish international institutions, such as
10500-427: The Law of Treaties and customary international law , treaties are not required to follow any standard form. Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith . A treaty may also be invalidated, and thus rendered unenforceable, if it violates
10650-528: The Madrid European Council revised the membership criteria to include conditions for member country integration through the appropriate adjustment of its administrative structures: since it is important that European Community legislation be reflected in national legislation, it is critical that the revised national legislation be implemented effectively through appropriate administrative and judicial structures. Finally, and technically outside
10800-542: The Soviet Union would no longer intervene in other countries' internal affairs ( Sinatra Doctrine ), practically freeing Central and Eastern Europe from Soviet occupation (Czechoslovakia and Hungary) / Soviet backed authoritarian regimes. These countries wanted to consolidate their democracies through joining Western world international organisations (including participation in European integration ) which would ensure
10950-542: The Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states. A multilateral treaty is concluded among several countries, establishing rights and obligations between each party and every other party. Multilateral treaties may be regional or may involve states across
11100-601: The Treaty (then called the 'Reform Treaty') be signed in Lisbon , the Portuguese capital. This request was granted, and the Treaty was thus to be called the Treaty of Lisbon, in line with the tradition of European Union treaties. The Portuguese presidency was appointed to the job of organising the programme for a signing ceremony. The signing of the Treaty of Lisbon took place in Lisbon, Portugal on 13 December 2007. The Government of Portugal , by virtue of holding Presidency of
11250-601: The Treaty establishing a Constitution for Europe to 12,800 words in 70 articles. In the Berlin Declaration, the EU leaders unofficially set a new timeline for the new treaty: On 21 June 2007, the European Council of heads of states or governments met in Brussels to agree upon the foundation of a new treaty to replace the rejected Constitution . The meeting took place under the German Presidency of
11400-522: The Treaty of Lisbon into force, the EU has not achieved a truly unitary personality. One of the European Communities has remained a distinct international body, though under common management with the EU, namely: Moreover, one of the EU institutions has retained partial independence at the international level, and has been considered under certain conditions a distinct international body empowered with entering treaties, namely: In addition,
11550-432: The Treaty on the Functioning of the European Union and the Charter of Fundamental Rights thus have equal legal value and combined constitute the European Union's legal basis. A typical amendment in Treaty of Lisbon text is: Article 7 shall be amended as follows: (a) throughout the Article, the word "assent" shall be replaced by "consent", the reference to breach "of principles mentioned in Article 6(1)" shall be replaced by
11700-789: The UK that they considered it necessary to join the EEC if the UK did. However the Norwegian government lost a national referendum on membership and hence did not accede with the others on 1 January 1973. Gibraltar joined the Community with the United Kingdom at this point, as can be seen in the long title of the UK European Communities Act 1972 . The next enlargement would occur for different reasons. The 1970s also saw Greece , Spain , and Portugal emerge from dictatorship. These countries desired to consolidate their new democratic systems by binding themselves into
11850-418: The Union and to improving the coherence of its action". Opponents of the Treaty of Lisbon, such as former Danish Member of the European Parliament (MEP) Jens-Peter Bonde , argued that it would centralize the EU, and weaken democracy by "moving power away" from national electorates. Supporters argue that it brings more checks and balances into the EU system, with stronger powers for the European Parliament and
12000-430: The Union's bill of rights, the Charter of Fundamental Rights , legally binding. For the first time, the treaty gave member states the explicit legal right to leave the EU , and established a procedure by which to do so. The stated aim of the treaty was to "complete the process started by the Treaty of Amsterdam (1997) and by the Treaty of Nice (2001) with a view to enhancing the efficiency and democratic legitimacy of
12150-525: The United Kingdom and Poland, it was also decided to add a protocol to the Charter of Fundamental Rights of the European Union (clarifying that it did not extend the rights of the courts to overturn domestic law in Britain or Poland). Among the specific changes were greater ability to opt out in certain areas of legislation and that the proposed new voting system that was part of the European Constitution would not be used before 2014 (see Provisions below). In
12300-533: The United States over security guarantees and nuclear proliferation . The definition of the English word "treaty" varies depending on the legal and political context; in some jurisdictions, such as the United States, a treaty is specifically an international agreement that has been ratified, and thus made binding, per the procedures established under domestic law. While the Vienna Convention provides
12450-694: The United States, cartels governed humanitarian actions typically carried out by cartel ships were dispatched for missions, such as to carry communications or prisoners between belligerents . From the European history, a broader range of purposes is known. These "cartels" often reflected the cohesion of authoritarian ruling classes against their own unruly citizens. Generally, the European governments concluded - while curbing their mutual rivalries partially - cooperation agreements, which should apply generally or only in case of war: The measures against criminals and unruly citizens were to be conducted regardless of
12600-460: The accession of new member states to the Union. To join the EU, a state needs to fulfil economic and political conditions called the Copenhagen criteria (named after the Copenhagen summit in June 1993), which require a stable democratic government that respects the rule of law, and its corresponding freedoms and institutions. According to the Maastricht Treaty , each current member state and
12750-417: The act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail. A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic laws . States are reluctant to inquire into the internal affairs and processes of other states, and so
12900-559: The addition of its poorer 17 million people and, while keeping its monetary union project on track, it was still at that early stage pointing the EFTA countries in the direction of the EEA rather than full membership. States in Central and Eastern Europe persisted and eventually the above-mentioned issues were cleared. The US also pressured the EU to offer membership as a temporary guarantee; it feared expanding NATO too rapidly for fear of frightening Russia. Although eventually trying to limit
13050-435: The commission's opinion (The council has only once rejected the commission's opinion when the latter advised against opening negotiations with Greece). If the Council agrees to open negotiations the screening process then begins. The commission and candidate country examine its laws and those of the EU and determine what differences exist. The Council then recommends opening negotiations on "chapters" of law that it feels there
13200-478: The competences of the EU beyond its competences as defined in the treaties . The European Central Bank gained the official status of being an EU institution, and the European Council was given the right to appoint presidents of the European Central Bank through a qualified majority vote . On a related topic, the euro became the official currency of the Union (though not affecting opt-outs or
13350-501: The content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place. Enlargement of the European Union The European Union (EU) has expanded a number of times throughout its history by way of
13500-485: The council to make decisions on negotiations or their extension to other candidates. Once the negotiations are complete, a Treaty of Accession will be signed, which must then be ratified by all of the member states of the Union, as well as the institutions of the Union, and the candidate country. Once this has been completed it will join the Union on the date specified in the treaty. The entire process, from application for membership to membership has typically taken about
13650-512: The council, Poland indicated they wished to re-open some areas. During June, Poland's Prime Minister had controversially stated that Poland would have a substantially larger population were it not for World War II. Another issue was that Dutch prime minister Jan-Peter Balkenende succeeded in obtaining a greater role for national parliaments in the EU decision-making process, as he declared this to be non-negotiable for Dutch agreement. Portugal had pressed and supported Germany to reach an agreement on
13800-569: The current enlargement process. In November 2019, France proposed a seven-stage accession plan for membership. The reformed accession strategy proposes participation in different programs, such as Erasmus, Banking Union, Capital Markets Union, Customs Union, etc. The following is an example of the accession process—Estonia's path to membership from its restoration of independence from the Soviet Union in November 1991 with recognition from
13950-409: The dates on which the respective parties ratified the treaty and on which it came into effect for each party. Bilateral treaties are concluded between two states or entities. It is possible for a bilateral treaty to have more than two parties; for example, each of the bilateral treaties between Switzerland and the European Union (EU) has seventeen parties: The parties are divided into two groups,
14100-418: The domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes. The division between the two is often unclear and subject to disagreements within a government, since a non-self-executing treaty cannot be acted on without the proper change in domestic law; if
14250-575: The early 1970s. The United Kingdom, which had refused to join as a founding member, changed its policy following the Suez crisis and applied to be a member of the Communities. Other EEC members were also inclined to British membership on those grounds. French President Charles de Gaulle vetoed British membership. Once de Gaulle had left office, the door to enlargement was once again opened. The EEC economy had also slowed down and British membership
14400-421: The end of 2008, thus entering into force on 1 January 2009. This plan failed however, primarily due to the initial rejection of the Treaty in 2008 by the Irish electorate in a referendum, a decision which was reversed in a second referendum in October 2009. Ireland , as required by its constitution , was the only member state to hold referendums on the Treaty. In the UK, the European Union (Amendment) Bill
14550-437: The exit of Algeria upon independence in 1962, the exit of Greenland in 1985, and the withdrawal of the United Kingdom in 2020. Accession negotiations are currently ongoing with Montenegro (since 2012), Serbia (since 2014), Albania (since 2020), North Macedonia (since 2020), Moldova (since 2024) and Ukraine (since 2024). Negotiations with Turkey were opened in October 2005, but have been effectively frozen by
14700-409: The final drafts of the Treaty. During the council, it became clear that the Reform Treaty would be called the 'Treaty of Lisbon', because its signing would take place in Lisbon —Portugal being the holder of the presidency of the Council of the European Union at the time. At the European Council meeting on 18 and 19 October 2007 in Lisbon, a few last-minute concessions were made to ensure the signing of
14850-495: The first member states to apply, and for them to be accepted, were primarily economic while the second enlargement was more political. The southern Mediterranean countries had just emerged from dictatorships and wanted to secure their democratic systems through the EEC, while the EEC wanted to ensure the same thing and that their southern neighbours were stable and aligned to NATO. These two principal forces, economic gain and political security, have been behind enlargements since. After
15000-407: The form of " Government of Z "—are enumerated, along with the full names and titles of their plenipotentiary representatives; a boilerplate clause describes how each party's representatives have communicated (or exchanged) their "full powers" (i.e., the official documents appointing them to act on behalf of their respective high contracting party) and found them in good or proper form. However, under
15150-488: The internal relations within EU, its legal personality is fragmented further, as each of the agencies, decentralised independent bodies, corporate bodies and joint undertakings of the European Union and the Euratom is considered a juridical person in its own right, distinct from the legal personality of EU as a whole. As an amending treaty, the Treaty of Lisbon is not intended to be read as an autonomous text. It consists of
15300-520: The large enlargements in 2004, public opinion in Europe turned against further expansion. It has also been acknowledged that enlargement has its limits; the EU cannot expand endlessly. Former Commission President Romano Prodi favoured granting "everything but institutions" to the EU's neighbour states, allowing them to co-operate deeply while not adding strain on the EU's institutional framework. This has in particular been pushed by France and Germany as
15450-400: The legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e., "a party cannot add a reservation after it has already joined a treaty". Article 19 of the Vienna Convention on the law of Treaties in 1969. Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted
15600-404: The legal obligations of states, one party to the original treaty and one party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of
15750-434: The legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal ; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e., where the text adopted does not correctly reflect the intention of the parties adopting it. In international law and international relations, a protocol is generally a treaty or international agreement that supplements
15900-484: The majority of the Member States already had ratified the European Constitution (mostly through parliamentary ratification, although Spain and Luxembourg held referendums), due to the requirement of unanimity to amend the treaties of the EU, it became clear that it could not enter into force. This led to a "period of reflection" and the political end of the proposed European Constitution. In 2007, Germany took over
16050-445: The meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself. One significant part of treaty-making is that signing a treaty implies a recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be
16200-434: The nationality and origin of the relevant persons. If necessary, national borders could be crossed by police forces of the respective neighboring country for capture and arrest . In the course of the 19th century, the term "cartel" (or "Cartell") gradually disappeared for intergovernmental agreements under international law. Instead, the term "convention" was used. An otherwise valid and agreed upon treaty may be rejected as
16350-517: The need for better performance by national governments towards achieving the Lisbon targets within a specified timeframe that otherwise risked remaining beyond Europe's grasp. In subsequent years, ERT regularly contributed to the debate on how to ensure better implementation of the Lisbon Agenda across all EU Member States, including on ways to foster innovation and achieve higher industry investment in Research & Development in Europe. The agreement
16500-411: The negotiations, if the other parties to the treaty were notified of those restrictions prior to his or her signing. Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty or due to
16650-436: The newly emerged democracies would not fall back under Russian control. The EU and NATO offered a guarantee of this, and the EU was also seen as vital to ensuring the economic success of those countries. However, the EU's desire to accept these countries' membership applications was less than rapid. The collapse of communism came quickly and was not anticipated. The EU struggled to deal with the sudden reunification of Germany with
16800-600: The official legal procedures of the United Nations, as applied by the Office of Legal Affairs , including signature, ratification and entry into force . In function and effectiveness, the UN has been compared to the United States federal government under the Articles of Confederation . Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify
16950-579: The opening of the IGC, the Polish government expressed a desire to renegotiate the June agreement, notably over the voting system, but relented under political pressure by most other Member States, due to a desire not to be seen as the sole trouble maker over the negotiations. The October European Council, led by Portugal's Prime Minister and then President-in-Office of the European Council, José Sócrates , consisted of legal experts from all Member States scrutinising
17100-408: The option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If
17250-415: The parties are considered treaties under international law. Treaties vary in their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations ; the first known example
17400-521: The posts might be merged—as permitted under the new treaty—in 2014, when their two mandates expired. Parliament has used its greater powers over legislation, but also for example over the appointment of the commission to gain further privileges from President Barroso and it used its budgetary powers as a veto over how the External Action Service should be set up. It also applied its new power over international agreements to rapidly block
17550-582: The process of Eurozone enlargement ). Under the Treaty of Lisbon, the Court of First Instance has been renamed the General Court . The Civil Service Tribunal and the European Court of Justice (formerly named the Court of Justice of the European Communities , and formally called only Court of Justice after the Treaty of Lisbon), along with the General Court, were established as sub-courts of
17700-553: The process. An association agreement helps prepare for this first step. In the case of the Western Balkans , a special process, the Stabilisation and Association Process exists to deal with the special circumstances there. When a country formally applies for membership, the Council asks the commission to prepare an opinion on the country's readiness to begin negotiations. The council can then either accept or reject
17850-409: The reserving state is a party to the treaty at all. There are three ways an existing treaty can be amended. First, a formal amendment requires State parties to the treaty to go through the ratification process all over again. The re- negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining
18000-483: The rotating EU Presidency and declared the period of reflection over. By March, the 50th anniversary of the Treaties of Rome , the Berlin Declaration was adopted by all Member States. This declaration outlined the intention of all Member States to agree on a new treaty in time for the 2009 Parliamentary elections , that is to have a ratified treaty before mid-2009. Already before the Berlin Declaration,
18150-456: The same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty. When a state limits its treaty obligations through reservations, other states party to that treaty have
18300-410: The state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge
18450-416: The substance of the parties' actual agreement. Each article heading usually encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter, usually contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved. The end of
18600-701: The terms of the treaty and its travaux preparatory. It has, for example, been held that it is not possible to withdraw from the International Covenant on Civil and Political Rights . When North Korea declared its intention to do this the Secretary-General of the United Nations, acting as registrar, said that original signatories of the ICCPR had not overlooked the possibility of explicitly providing for withdrawal, but rather had deliberately intended not to provide for it. Consequently, withdrawal
18750-421: The traditional motor of integration, to the European Council with its new full-time and longer-term President. The split between the Commission and European Council presidents involved overlap, potential rivalry and unwieldy compromises, such as both presidents attending international summits, in theory each with their own responsibilities, but inevitably with a considerable grey area. There was some expectation that
18900-445: The treaty establishing the European Community, which is the main functional agreement including most of the substantive provisions of European primary law, to " Treaty on the Functioning of the Union ". In addition, it was agreed, that unlike the European Constitution where a charter was part of the document, there would only be a reference to the Charter of Fundamental Rights of the European Union to make that text legally binding. After
19050-493: The treaty included the same institutional reforms as those in the rejected Constitution, but merely without language and symbols that suggested Europe might have 'formal political status'. These 'more symbolic than substantial' concessions were designed 'to head off any threat of referenda [ sic ]' which had killed the Constitution. At the meeting of the European Council in October 2007, Portugal insisted that
19200-439: The treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions. A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such
19350-593: The treaty itself. A treaty breach does not automatically suspend or terminate treaty relations, however. It depends on how the other parties regard the breach and how they resolve to respond to it. Sometimes treaties will provide for the seriousness of a breach to be determined by a tribunal or other independent arbiter. An advantage of such an arbiter is that it prevents a party from prematurely and perhaps wrongfully suspending or terminating its own obligations due to another's an alleged material breach. Treaties sometimes include provisions for self-termination, meaning that
19500-414: The treaty on the functioning of the EU left many questions open (uncertainties which have led to calls for another new treaty in response to the economic crisis in the late 2000s). When its impact is assessed, the biggest winners from Lisbon have been Parliament, with its increase in power, and the European Council. The first months under Lisbon arguably saw a shift in power and leadership from the commission,
19650-562: The treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an "authentic interpretation". International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish
19800-411: The treaty, such a process may result in financial penalties or other enforcement action. Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification ("denunciation"). For example,
19950-447: The treaty. Multilateral treaties typically continue even after the withdrawal of one member, unless the terms of the treaty or mutual agreement causes its termination. If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating
20100-413: The treaty. That included giving Poland a slightly stronger wording for the revived Ioannina Compromise , plus a nomination for an additional Advocate General at the European Court of Justice . The creation of the permanent "Polish" Advocate General was formally permitted by an increase of the number of Advocates General from 8 to 11. Despite these concessions and alterations, Giscard d’Estaing stated that
20250-456: The twenty-sixth day of June, one thousand nine hundred and forty-five". If applicable, a treaty will note that it is executed in multiple copies in different languages, with a stipulation that the versions in different languages are equally authentic. The signatures of the parties' representatives follow at the very end. When the text of a treaty is later reprinted, such as in a collection of treaties currently in effect, an editor will often append
20400-524: The values referred to in Article 2 and is committed to promoting them" ( TEU Article 49 ). Those Article 2 values are "respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities." This is based on the 1993 " Copenhagen criteria " agreed as it became clear many former Eastern Bloc countries would apply to join: Membership requires that candidate country has achieved stability of institutions guaranteeing democracy,
20550-410: The way for further enlargement of the Union by reforming voting procedures. The Laeken declaration of December 2001 committed the EU to improving democracy , transparency and efficiency, and set out the process by which a constitution aiming to achieve these goals could be created. The European Convention was established, presided over by former French President Valéry Giscard d'Estaing , and
20700-531: The world. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another. The United Nations has extensive power to convene states to enact large-scale multilateral treaties and has experience doing so. Under the United Nations Charter , which is itself a treaty, treaties must be registered with the UN to be invoked before it, or enforced in its judiciary organ,
20850-413: Was also signed by the presidents of the three main EU institutions. Prime Minister Gordon Brown of the United Kingdom did not take part in the main ceremony, and instead signed the treaty separately a number of hours after the other delegates. A requirement to appear before a committee of British MPs was cited as the reason for his absence. On 20 February 2008, the European Parliament voted in favour of
21000-467: Was completed and registered when the instruments of ratification were lodged with the Government of Italy. The month following the deposition of the last national ratification saw the Treaty enter into force across the EU. Under the original timetable set by the German Presidency of the Council of the European Union in the first half of 2007, the Treaty was initially scheduled to be fully ratified by
21150-576: Was debated in the House of Commons on 21 January 2008, and passed its second reading that day by a vote of 362 to 224; Prime Minister Gordon Brown was absent that day; the Bill was proposed to the Commons by David Miliband . The Czech instrument of ratification was the last to be deposited in Rome on 13 November 2009. Therefore, the Treaty of Lisbon entered into force on 1 December 2009. The exact impact of
21300-469: Was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament , the Council of Ministers and the European Commission . However its then legal status was uncertain and it did not have full legal effect until the entry into force of the Lisbon Treaty on 1 December 2009. In the rejected Treaty establishing a Constitution for Europe the charter
21450-477: Was formalized. Treaty A treaty is a formal, legally binding written agreement concluded by sovereign states in international law . International organizations can also be party to an international treaty. A treaty is binding under international law. A treaty may also be known as an international agreement , protocol , covenant , convention , pact , or exchange of letters , among other terms. However, only documents that are legally binding on
21600-442: Was given the task of consulting as widely as possible across Europe with the aim of producing a first draft of the Constitution. The final text of the proposed Constitution was agreed upon at the summit meeting on 18–19 June 2004 under the presidency of Ireland. Until the Lisbon Treaty the EU did not have any explicit law respecting the foreign investment regulations. The Constitution , having been agreed by heads of government from
21750-424: Was integrated as a part of the treaty itself. In the Lisbon Treaty, however, the charter is incorporated by reference and given legal status without forming part of the treaties. The EU must act and legislate consistently with the Charter and the EU's courts will strike down EU legislation which contravenes it. The Charter only applies to EU member states as regards their implementation of EU law and does not extend
21900-433: Was more readily accepted with the prospect of poorer countries wishing to join; contributions from richer countries would help balance the EU budget. On 1 January 1995 Austria , Finland , and Sweden acceded to the EU marking its fourth enlargement. The Norwegian government lost a second national referendum on membership. In the late 1980s (shortly prior to the dissolution of the Soviet Union ) Mikhail Gorbachev announced
22050-434: Was not possible. In practice, states sometimes use their sovereignty to declare their withdrawal from and stop following the terms of a treaty even if this violates the terms of the treaty. Other parties may accept this outcome, may consider the state to be untrustworthy in future dealings, or may retaliate with sanctions or military action. Withdrawal by one party from a bilateral treaty is typically considered to terminate
22200-400: Was reached on a 16-page mandate for an Intergovernmental Conference , that proposed removing much of the constitutional terminology and many of the symbols from the old European Constitution text. In addition, it was agreed to recommend to the IGC that the provisions of the old European Constitution should be amended in certain key aspects (such as voting or foreign policy). Due to pressure from
22350-452: Was rejected by all the member countries in 1964; Spain was not a democracy at the time, and thus unable to enter the EEC. The Community did see some loss of territory due to the decolonialisation occurring in their era. Algeria , which was an integral part of France, had a special relationship with the Community. Algeria gained independence on 5 July 1962 and hence left the Community. There would be no further efforts at enlargement until
22500-439: Was seen as a way to revitalise the community. Only after a 12-hour talk between British Prime Minister Edward Heath and French President Georges Pompidou took place did Britain's third application succeed. After Britain was accepted Prime Minister Edward Heath said: For my part, I have no doubt at all that the discussions which we have had will prove of real and lasting benefit, not only to Britain and France, but to Europe as
#625374