October 20, 2007: Thursday's successful late night
bargaining session in Lisbon, par for the course at EU summit
meetings, is being hailed as the breakthrough that will end the
EU state of limbo that has existed since the failed summit
meeting in Nice in December 2000. The Nice summit was supposed
to lay the groundwork for streamlined decision-making in an
enlarged European Union. However, EU leaders were unable to
reach agreement in Nice, leading to the proposed EU
constitution that was rejected by French and Dutch voters in
referendums held in the spring of 2005.
EU leaders breathed a sigh of relief when the summit ended
successfully, with Portuguese prime
minister Jose Socrates and German chancellor Merkel
celebrating the deal. Chancellor Merkel had laid the
groundwork for the new treaty during the six month German
EU presidency that ended on June 30, 2007. "After all the
political discussions, this is a great success," Merkel
said. In her opinion, the treaty will help the EU function
more efficiently as a block of nations and as a world
power.
Thurday's late-night meeting satisfied the last-minute
holdouts, notably Poland. However, despite the progress made in
Lisbon, the reform treaty will not result in a homogeneous
European Union akin to a "United States of Europe".
The biggest change in EU procedures is the new system of
voting introduced by the reform treaty. Instead of the
unanimous decision currently required within the EU council of
ministers, a "double majority" procedure will be used. A
minimum of 55 percent of EU member states (currently at least
15 of the EU's 27 member countries) comprising at least 65
percent of the EU's total population will suffice for new EU
legislation to be passed. The new voting system will be
introduced in 2014, with a transitional phase lasting until
2017 at Poland's request. However, even after 2017 small groups
of states may delay EU decisions if the margin of approval
under the new "double majority" system is narrow. The delay can
then only be overturned by a unanimous vote. Adding this
so-called "Ioannina clause" (named after the Greek city where
it was first agreed upon) as a protocol note to the treaty's
text was declared a victory for Poland by Polish president Lech
Kaczynski: "Poland got everything it wanted."
The areas of EU jurisdiction where the "double majority"
voting system applies is being expanded to include justice and
police affairs. However, Britain and Ireland had already
secured the option of applying EU decisions locally as they see
fit, but without the right to impede progress in these areas
among their EU partners. The precedent set by this allowance is
similar to the Schengen treaty on common internal borders and
the common European currency, the euro, where EU members have
the option to participate. During the German presidency,
chancellor Merkel called for the establishment of a European
Union military force. Although development of the idea will
likely take years, is this be another area where EU members
will participate on a voluntary basis?
The new treaty also introduces the option for a member
country to leave the European Union, under conditions that
would be negotiated with the remaining EU members. Getting out
of the EU, then, will not be a unilateral decision.
With Britain, France and the Netherlands already indicating
that the Lisbon treaty will be approved by their respective
parliaments instead of by national referendum, ratification of
the treaty is expected by the spring of 2009.