Foreign Policy of EU after the treaty of Lisbon

(historical comparative before and after).

European Union in the International Affairs.

Student: Rodnitchi Gheorghe

Lecturer: Anna Skolimowska

Uniwersytet Kardynaa Stefana Wyszyskiego w Warszawie

2016

Contents
1. Why does Europe need the Lisbon Treaty? ..3
2. The treaty of Lisbon A new beginning for European policy..4
3. How Treaty of Lisbon changed The EU foreign policy? .5
4. Key innovations in the Lisbon Treaty..6
5. Important Questions about LT. Will the Lisbon Treaty create a European
army?.........................................................................................................................7
6. Does the Lisbon Treaty create a European Super-State ? ...............................8
7. What about European neighbourhood policy?....................................................11
8. Conclusions.........................................................................................................13
9. Bibliography........................................................................................................15

Introduction
Why does Europe need the Lisbon Treaty?
The European Union has changed. The number of the Member States is now four times
higher. In the last 15 years, the number of them has almost doubled. The world is changing
rapidly. Europe faces huge challenges in this century, including the economic crisis, climate
change, sustainable development, energy security and fighting international cross-border crime.
Member States which have drawn the Treaty of Lisbon recognized the agreement which
demonstrated that the existing treaties of the European Union did not provide tools that he needs
to face with these challenges and to face changes.
The Treaty of Lisbon amends and updates the EU treaties above/ It modifies, in fact, the Treaty
regarding the EU and the Treaty establishing the European Economic Community.

It updates and strengthens the EU;

It brings changes regarding the European continent.

It assures the protection of each member state of the UE.

It contributes to the sustainable development of the Europe. And here we can mention
about a sustainable economical growth, price stability.

Keep in mind that the EU has grown from six founding Member States to 27 today and has
contributed to many developments in the last 50 years.
It will improve working methods to ensure that the Union operates work as efficiently and
effectively in this century.
It helps the EU to better serve your interests and your it gives the right to have a say in
European matters through new Citizens' Initiative. Also, it gives the citizens the opportunity to
have freedom space, security, without any internal frontiers.
It protects the rights provided in the Charter of Fundamental Rights,
It strengthens the role of the European Parliament and gives new powers to parliaments
national.
Streamlines the decision-making process at European level, the qualified majority being
extended.
Helps Union to speak with one voice in a unique world.

It advocates for the achievement of the economic and monetary union, the euro becoming
the only currency used by the member states of the EU.

Introduces new measures to tackle pressing issues that affect quality our lives: climate change,
cross border crime and energy.
Protects the rights of each Member State, especially in sensitive areas such as taxation and
defense.1
It gives the states the possibility to withdraw from the Union.

The treaty of Lisbon A new beginning for European policy.

The 2009 year would mark a new beginning for the European Union, beginning marked
by the signature and ratification of the Lisbon Treaty. However, he commemorate, also, some
crucial events in the history of the old continent: the 70th anniversary of the outbreak of the
Second War world, 60 years since the establishment of the Council of Europe or the 30 years
since the European Parliament is directly elected by the citizens of the Member States. But the
2009 would recall 20 years after the collapse of a totalitarian system of European states until
1989 characterized by the sphere of influence of the Soviet Union; so they celebrated the Velvet
Revolution in Czechoslovakia, Hungary, the fall of the Berlin Wall or the bloody revolution in
Romania.2 The year 2009 can be characterized as a bridge between past and future, as the
European Union has a new start and better substantiating the principles on which it is built, and
anchoring in the decisions of the Community institutions.
These few data set from the very beginning we have loaded foreshadows a scenario in which
Europe was the main actor. An ideologically divided continent, economic and cultural common
roots trying to turn into an advantage for the XXI century. The European Union must become a
more active and prominent actor on the stage of international politics and the ratification of the
Lisbon Treaty is triggering a domino game in which you have to break some barriers idea of
European integration.

1 http://eur-lex.europa.eu/legal-content/RO/TXT/?uri=URISERV%3Aai0033
2 Gordon Kerr, O scurt istorie a Europei, Bucureti, Ed. Nomina, 2014, p.176.
4

European construction started from the idea that between Western European states there should
be no spark in trigging a possible armed conflict. Born on the 5 th of May 1945, the Council of
Europe, a regional international organization classical3 European state actors that were brought
under the same roof, attempted thereby achieving common goals. The ambitious project of
European integration could not be triggered only by a superior organization classics, so he
founded the European Coal and Steel construction "sui generis" which was noted by transferring
certain sovereign rights of Member founding bodies new created the European Communities.

How Treaty of Lisbon has changed The EU foreign policy?

The EU action brought at a international level is increased. Above all, the Treaty of
Lisbon gives greater coherence and visibility to the EUs Common Foreign and Security Policy.
The EU therefore acquires legal personality, enabling it to negotiate and to be a contracting party
in international Treaties. In addition, the EU is henceforth represented globally by the High
Representative for Foreign Affairs and Security Policy.
Furthermore, a section of the founding Treaties is now devoted to the Common Security and
Defence Policy. The long-term objectives aim in establishing a Common European Defence .4

According to the European treaties force, the European Union legal personality, only
endowed with legal personality the European Community. After entry into force of the Treaty of
Lisbon European, the Community ceases to exist. The community Acquis will be over the
entirely Union Europe, which will have, in the same time, legal personality. Thus, for the first
time in the history, the European construction, the Union EC will acquire legal personality. This
innovation of the Treaty of Lisbon will have significant effects on the Union's external action. In
creating a single legal entity that will ensure better representation of the Union in the
International context and will also contribute to strengthening the role of the EU as a global
actor. A European Union endowed with legal personality will have the opportunity to accede to
3 Ovidiu inca, Drept comunitar general Bucureti: Ed. Didactic i pedagogic, 1999, p.5.
4 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:ai0033
5

the European Convention Human Rights. The Union will able to become a member of the
international organizations and will be more coherent and effective in its relations regarding the
global level.
Decision-making in the Foreign Field and Security Policy.
The Lisbon Treaty provides that the foreign policy and Security Policy (CFSP ) are subjects of
the rules and procedures. This enshrines , in fact , is a specific CFSP area that still remains a
subject into the intergovernmental method decision-making and, mostly , voting unanimously .
However , the new Treaty introduces a new provision ( bridging clause ) that allows European
Council to decide by voting unanimously, extending voting to qualified majority CFSP, to a later
date decisions based on military or defense implications. However, these stipulations will
continue to require unanimity . Decisions taken in CFSP shall also submit a particular purpose,
which is, with some notable exceptions, controlled by the Court of Justice of the European
Union.5

Key innovations of the Lisbon Treaty.

1. The European Union will have a Stable President of the European Council with a term of 2
years and a half, with the possibility of being renewed once. This statute will bring visibility and
coherence of the European Council.
2. The Union will have a High Representative for Foreign Affairs and Security Policy, who will
replace current High Representative for the Common Foreign and Security Policy / CFSP. The
High Representative will be at the same time, and Vice-President of the Commission. 6
3. Number of members European Parliament is set to 750 Furthermore EP President. The
minimum and maximum representation of Member States It was set at 6 and 96 MPs Europeans.
Romania has 33 MEPs.

5
http://www.mae.ro/sites/default/files/file/tratate/2009.11.21_brosura_tratatul_lisabon
a.pdf
6 Paul James Cardwell, EU External Relations Law and Policy in the Post-Lisbon Era, Springer Science &
Business Media, 2011,p.31

4. Charter of Fundamental Rights acquires legally binding.

5. The Treaty increases the number of areas of the European Parliament entitled to approve EU
legislation, together with the Member States of the EU Council (procedure known as the "codecision").
6. Qualified majority voting will become the usual way of voting EU Council. Will waive such
right veto in many areas of EU action strengthening the capacity for action Community.
7. The decisions taken by qualified majority has needed, since 2014, the support of 55% of
Member States representing 65% of the population European Union.
8. National parliaments acquire right track legislative acts Union, to ensure that the powers they
exercise are to the most appropriate level decision-making (local, national or European) - NIPOs.
9. The European Union acquires legal personality.
10. The importance of neighborhood relations Union enshrined level Treaty as an integrated
policy.
11. Lisbon Treaty recognizes the existence of new challenges that Union has to face with, combat
global climate while promoting solidarity of the member States in the field of energy.
12. Member States may withdraw from EU procedure specified in this effect of withdrawal
clause.7
Important Questions about LT.
Will the Lisbon Treaty create an European army?
No! Only the Member States will have army.8 Firstly, the concept of a European Army is not
mentioned in the Treaty. The absence of this concept also confirms the practical fact that the EU
7
http://www.mae.ro/sites/default/files/file/tratate/2009.11.21_brosura_tratatul_lisabon
a.pdf
8 . Federiga Bindi, Irina Angelescu, The Foreign Policy of the European Union,
Brookings Institution Press, iunie. 2012,p,217
7

relies only on the capabilities of its Member States. Secondly, even in the most federalist
Member States the idea of a European Army has faced legal challenges. A particular example is
Germany where political calls for a European Army have been presented but the constitutional
court has set strict limitation son such cooperation . 9 The treaty clarifies that exists provisions on
common security and defense policy, as part of foreign policy and security policy. It provides
that Member States shall make civilian and military capabilities available to the Union for the
implementation of the Common Security and Defence. However, also it must be clear that any
decision in this area must be adopted unanimously; any Member State has the right to oppose
such operations and all the contributions to them will be based on voluntary basis.
Regarding the disarmament operations, humanitarian and rescue, military advice, support tasks
or activities of peacekeeping, the Council may entrust the implementation of these tasks to a
group of Member States that are willing and have the capacity to do this. None of the Member
State can be forced to participate in such operations.
The European Defence Agency is open to all the Member States that wish to be part of it.
Equally, permanent structured cooperation in defense is only open to Member States which wish
to participate and that meet their commitments on military capabilities. Moreover, any Member
State that wishes to withdraw from permanent structured cooperation on defense may do so at
any time.10
My position. I know it will be very difficult, and many states are against the creation of a
European army . But if I have to look in a realistic way, and the threat from the east is real, then
we do not have a choice. NATO is not strong enough to protect us and the national armies are
very weak and will not withstand an attack from the Russian Army or another. We all know that
the countries of the eastern border of Europe lead perfectly an intensive preparation of the army
forces , but only a European common army can pass successfully this moment.

Does the Lisbon Treaty create a European Super-State ?

9 . Martin Trybus, Luca Rubini , The Treaty of Lisbon and the Future of European Law
and Policy, Edward Elgar Publishing, ianuarie. 2012, p, 311.
10 http://one-europe.info/is-a-single-european-army-currently-realistic
8

The Lisbon Treaty obliges the EU nations to cede sovereignty of decision-making centers in the
area to reduce many laws and veto rights to allow more national imp making decisions instead of
unanimous consent majority version .
Treaty astounding is the culmination of more than 50 years of European integration and political
process that resulted in the systematic erosion of democracy and democratic accountability in
Europe.
The European Union has its origins in the Treaty of Rome (1957) which gave birth to the
European Economic Community (EEC). EEC, known as the "Common Market" was a custom
union. CEE countries fell agreed to eliminate all tariffs in a transitional period of 12 years and,
also, in that time, was set a common price for all products coming from third countries.
The Single European Act (1987) extends the EEC to include not only the free movement of
goods and free movement of people, capital and services. Act establishes a genuine common
market, but encodes European Political Cooperation which was a forerunner of the Common
Foreign and Security Policy (CFSP).
The fall of the Berlin Wall (1989) and the reunification of Germany (1990) caused to the French
President Franois Mitterrand, who feared a return of German hegemony, to seek a permanent
anchor Germany within the European institutions. Together with German Chancellor Helmut
Kohl, who was eager to ease the doubts of Paris and London in respect of a united Germany,
Mitterrand worked to transform the whole of Europe into a union all-embracing.
In 1989, an Intergovernmental Conference has established economic and monetary union. In
1990, another CI was convened to study the establishment of a political union. Then, in 1992,
after three years of debate behind closed doors, during they have ignored public demands for
more transparency, the Treaty of the European Union was founded (known as the Maastricht
Treaty).
The Maastricht Treaty amended the Treaty of Rome and the Single European Act by passing
beyond a common market by a political union and changed the official name of the EEC to the
9

European Union. Maastricht has created three pillars, one of which allows joint actions in foreign
policy and military affairs and another that strengthens cooperation in the fight against organized
crime. The Maastricht Treaty established the European Central Bank and introduced fixed
exchange rates and a single currency called Euro. In 1998, the Treaty of Amsterdam has
modified parts of the treaties of Maastricht, again without public participation. The main change
brought by the Treaty of Amsterdam was the creation of a new position called High
Representative for Common Security and Defence Policy. EU Treaty to endow a common
security policy, including the gradual formation of a common defense policy. In 2001, the Treaty
of Nice was created (once again without public participation) to reform the institutional structure
of the EU with a view to expanding into Eastern Europe. Arriving in 2009, the declared purpose
of the Lisbon Treaty is to "complete the process started by the Treaty of Amsterdam and the
Treaty of Nice with a view to strengthen the efficiency and democratic legitimacy of the Union
and to improve the consistency of her in action." Supporters say that the Lisbon Treaty's purpose
is to cement the process of European integration by adopting decisions. But in essence, the
Treaty of Lisbon, called a "coup d'etat in slow motion", is about the centralization of political
power by a ruling clique in Brussels, unelected, who wants to lead Europe regardless of the
constraints of democracy. Lisbon Treaty promotes European aspirations beyond Europe, so
Americans must heed. Indeed, European globalists hoped that the Lisbon Treaty will make the
EU into a superpower able to counter-balance the United States in international relations.
European policymakers have been frustrated with the inability of Europe to speak with one
voice, a debilitating weakness that often castrate Europe's economic and political weight on the
global stage, particularly with the United States. The Lisbon Treaty is-meaning remedy this
deficiency by imposing a European president and a foreign minister at the head of the European
edifice.
More specifically, the Lisbon Treaty is intended to avoid a repeat of the European divisions that
led to the Iraq war, when France and Germany were frustrated in their attempts to present a
united European front to block the American invasion. At that time, an average number of
European countries have broken ranks with France and Germany and joined the United States in
"the coalition of the WILLING" elite Bruxelliene to anger.
10

By granting jurisdiction over matters of war and peace unelected EU bureaucrats, the Lisbon
Treaty will usurp the prerogatives of Member States regarding the use of military force. In the
future, this will make it more difficult for European allies to support US wars unpopular.
The Lisbon Treaty will push the EU in a direction that would be deeply discouraging for both
Americans and Europeans. The Lisbon Treaty will make Europe more democratic and less
centralized than it is today. For Transatlantic relations, this means that many decisions of foreign
policy which will directly affect the United States, ranging from economics and trade to
transatlantic cooperation on counter-terrorism Islamic, will be increasingly more often adopted
by bureaucrats unelected (and often pathologically anti-American) in Brussels at the expense of
national governments.
History of European integration is a classic case of how a simple economic treaty can be
gradually transformed into a leviathan supranational, federal, non-democratic, all-inclusive.
Indeed, the Lisbon Treaty should be a warning to Americans who want to reshape the image of
the United States of Europe.11

What about European neighbourhood policy?

Through its European Neighbourhood Policy (ENP), the EU works with its southern and
eastern neighbours in order to achieve the closest possible political association and the greatest
possible degree of economic integration. This goal built on common interests and on values
democracy, the rule of law, respect for human rights, and social cohesion. The ENP is a key part
of the European Union's foreign policy.
Partner countries agree with the EU an ENP action plan12 or an Association Agenda
demonstrating their commitment to democracy, human rights, rule of law, good governance,

11 http://www.eurosceptic.ro/index.php/2011/04/01/tratatul-de-la-lisabona-loviturade-stat-in-slow-motion/
12 http://eeas.europa.eu/enp/documents/action-plans/index_en.htm
11

market economy principles and sustainable development. The EU supports the achievement of
these objectives.

financial support grants worth 12 bn were given to ENP-related projects from 2007
to 2013

economic integration and access to EU markets in 2011 trade between the EU and its
ENP partners totalled 230bn

easier travel to the EU 3.2 m Schengen visas were issued to citizens, and in particular,
to students from ENP countries in 2012

technical and policy support

The EU also supports the civil society which plays an important role in bringing about
deep and sustainable democracy in partner countries.
Joint initiative
The ENP is a jointly owned initiative and its implementation requires actions from the
both sides, more exactly, by the neighbours and by the EU. The ENP benefits of a greater
coherence thanks to the creation of the European External Action Service which supports the
High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of
the European Commission Federica Mogherini and the involvement of the Commissioners
specifically dealing with European Neighborhood Policy and Enlargement Negotiations
European Neighbourhood Policy, Johannes Hahn.
ENP countries
Of the 16 ENP countries:
12 are current and has already fully participated as partners in the ENP, on having agreed on ENP
action plans:

Armenia

Azerbaijan
12

Egypt

Georgia

Israel

Jordan

Lebanon

Moldova

Morocco

Palestine

Tunisia

Ukraine

Algeria is currently negotiating an ENP action plan

Belarus, Libya and Syria remain outside most of the structures of ENP.13
Action plans
The ENP action plans (or Association Agendas for Eastern partner countries)

sets out the partner country's agenda for political and economic reforms, with short and
medium-term priorities of 3 to 5 years

reflects the country's needs and capacities, as well as its own must, but also the EUs
interests.

Implementation & monitoring

13 http://www.enpi-info.eu/eastportal/content//506/Eastern%20Partnership
13

The action plans build on existing legal agreements with the EU partnership &
cooperation agreements (PCAs) or association agreements (AAs). Implementation is monitored
through committees set up by these agreements. Once in a year, the European External Action
Service and the European Commission publish ENP progress reports assessing the progress
made towards the objectives of the Action Plans and the Association Agendas.
The European External Action Service and the European Commission publish yearly ENP
progress reports. The next reports are planned to be published on the 25th of March 2015.
At the last review of its European Neighbourhood Policy in 2010-11, the EU introduced the
more-for-more principle: the EU will develop stronger partnerships and offer greater incentives
to countries that make more progress towards democratic reform free and fair elections,
freedom of expression, of assembly and of association, judicial independence, fight against
corruption and democratic control over the armed forces.
Multilateral partnerships
The ENP is chiefly a bilateral policy between the EU and each partner country. But it is
complemented by regional and multilateral cooperation initiatives:

Eastern Partnership

the Euro-Mediterranean Partnership (EUROMED) (the Euro-Mediterranean Partnership,

formerly known as the Barcelona Process)14

Black Sea Synergy (launched in Kiev in February 2008)

Conclusions
The Reform Treaty will give the EU a single voice in external relations, stronger and more
coherent. It also allows the use of new tools and the development of the old ones, designed to
increase the security and defense organization States and partner countries. Union's key priorities
are placed on freedom, security and justice, which, in conjunction with the solidarity clause, will

14 http://eeas.europa.eu/euromed/index_en.htm
14

transform the organization into a much more efficient one, ready to act gathered in solidarity
against the risks, dangers and threats to and Member States.
Application of the Treaty will give the EU an opportunity to implement the intensity increasing
its policies aimed on ensuring economic growth, improving working conditions and life,
promoting a living environment, clean and healthy, developing cohesion and solidarity between
Member States, encouraging scientific progress and technology and, not least, enhance capacity
for action on the international scene. This is aimed on improving individual and collective
security in all areas of social life.
The European Union promotes a model of a security environment based on cooperation and
solidarity in support of both the organization as a whole, and especially on each of the entities
that compose it. It is about a process of reform aimed by much more than the Union itself. It is a
process that reflects the latest trends in European security and defense. Also, the security focuses
on the human being, as a basic element of any security construct.
Therefore, we can conclude that the EU Reform Treaty prints new trends in the European
security and defense structure.
Many wonder, is the Lisbon Treaty process unfinished? Conclusions can only be preliminary and
only time will prove if the current perception of a legal and institutional ambiguities Union is just
a step to be exceeded or premise of a new treaty.

15

Bibliography.
1. Gordon Kerr, O scurt istorie a Europei, Bucureti, Ed. Nomina, 2014.
2.Ovidiu inca, Drept comunitar general Bucureti: Ed. Didactic i pedagogic, 1999.
3. Paul James Cardwell, EU External Relations Law and Policy in the Post-Lisbon Era, Springer
Science &
Business Media, 2011
4. . Federiga Bindi, Irina Angelescu, The Foreign Policy of the European Union,
Brookings Institution Press, 13 iun. 2012.
5. Martin Trybus, Luca Rubini , The Treaty of Lisbon and the Future of
European Law and Policy, Edward Elgar Publishing. 2012.

Special sources.
1. http://eur-lex.europa.eu/legal-content/RO/TXT/?uri=URISERV%3Aai0033
2. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:ai0033

3. http://www.mae.ro/sites/default/files/file/tratate/2009.11.21_brosura_tratatul_lisabona.pdf
4. http://one-europe.info/is-a-single-european-army-currently-realistic
5. http://www.eurosceptic.ro/index.php/2011/04/01/tratatul-de-la-lisabona-lovitura-de-stat-in-slowmotion/

6. http://eeas.europa.eu/enp/documents/action-plans/index_en.htm
7. http://eeas.europa.eu/euromed/index_en.htm

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