What the Lisbon Treaty will do: a ten point summary

• It amends the existing Treaties in order to make the changes needed to make an EU of 27 work more effectively. It will allow the EU to move on from debating institutional changes and focus on issues which matter to citizens: energy security, organised crime and terrorism, globalisation, further enlargement and making Europe’s voice more effective internationally.
  
• It creates a permanent President of the European Council, appointed by national governments for a period of two and a half years, replacing the current system where the President of the European Council rotates every 6 months. The Council is the body through which the leaders of Member States steer the political direction of the EU. This change should provide greater continuity.
  
• It creates a ‘High Representative of the Union for Foreign Affairs and Security Policy’. Appointed by the European Council with agreement of the Commission President, the High Representative will conduct the Union’s Common Foreign and Security Policy. The Member States will task the High Representative on foreign policy and he or she will implement commonly agreed policies. The office of High Representative will merge the two existing roles of High Representative for the Common Foreign and Security Policy and the External Relations Commissioner to bring greater coherence to the EU’s external action. The High Representative will also be able to present agreed EU positions in international organisations – such as the Member State that holds the Presidency does now.
  
• It gives national parliaments a voice in making European laws for the first time. Every national parliament will receive proposals for new EU legislation directly. They may judge whether the proposal conforms to the principles of “subsidiarity” (that the EU should only act where it adds value). If one third of national parliaments object, then the proposal will be sent back for review by the Commission (the ‘yellow card’). If a majority of national parliaments oppose a Commission proposal, and national governments or MEPs agree, then it can be struck down (the ‘orange card’).
  
• It reduces the size of the European Commission with the aim of ensuring that the Commission can work more effectively as the EU enlarges. There is currently one Commissioner from each country in the EU (27 in all). From 2014, the number of Commissioners will be reduced, so only two-thirds of Member States provide a Commissioner at any time, with every country taking equal turns.
  
• It extends Qualified Majority Voting to new policy areas. Several of the new articles that will be subject to QMV reflect the existing practice for EU legislation in that field (for example, for the appointment of a High Representative for Foreign Affairs & Security Policy). And QMV in many areas is in line with the Government’s wish to see improved decision-making – for example on energy policy, humanitarian aid, and urgent financing of CFSP measures. The Lisbon Treaty will also streamline and speed up decision-making in a number of technical areas (e.g. appointments to the European Central Bank’s executive board). The UK has always insisted on maintaining ultimate national control in key areas of justice and home affairs, social security, tax, foreign policy and defence. The Lisbon Treaty clarifies this position for the UK. Overall, the impact of QMV under the Lisbon Treaty will be significantly less than, for example, under the Single European Act or the Treaty of Maastricht.
  
• It introduces a new system of majority voting for national ministers in the Council. The current system of voting is known in the EU as “Qualified Majority Voting” or QMV. Under the new ‘double majority’ voting system (‘DMV’), a threshold number of Member States representing a certain percentage of the EU’s population is required to pass legislation. It means a minimum of 55% of the Member States (ie 15 out of 27 countries) representing a minimum of 65% of the EU’s population must vote in favour for European legislation to be passed. The new system will start to come into force in 2014, with a transition period to 2017. As the new system is more strongly based on population size, the UK’s share of votes in the Council of Ministers will increase.
  
• It increases the number of policy areas where elected MEPs in the European Parliament also have to approve EU legislation, alongside national ministers in the Council (known in the EU as “co-decision”).
  
• It simplifies the rules on ‘enhanced co-operation’ where EU countries may work together more closely on certain issues, without affecting countries that do not want to join in. There are rules to ensure that the rights of countries which don’t participate are respected: at least a third of the Member States must want to co-operate, and others must be free to join at any time if they choose.
  
• It incorporates the Charter of Fundamental Rights into EU law. The Charter sets out in one place the rights which citizens across the EU already have, for example through the European Convention on Human Rights, or through existing EU law. Its aim is to ensure that EU institutions respect those fundamental rights. The Charter reaffirms existing rights and will apply to all Member States when they implement Union law. The Charter will not extend the powers of the European Union. For the avoidance of any doubt, there is a UK-specific protocol which makes clear that the Charter will:
  
  • not extend the powers of any court –UK or European – to strike down UK legislation; and
  • not create any new justiciable rights in the UK. For example, it will not create any greater social or economic rights than are already provided in UK law.