“Where is the European Union heading? Reflections on the foundations laid by the Treaty of Lisbon.”

A dispute devoted to the Treaty of Lisbon

December 9, 2009

Prof. Maria Eugenia Lopez Jacoiste

“Where is the European Union heading? Reflections on the foundations laid by the Treaty of Lisbon.”
The second lecture of the Navarrian Disputes was delivered by Prof. Maria Eugenia Lopez Jacoiste of the Law Departament of the University of Navarre on December 9, 2009 in Toruń. The lecture was devoted to the European Community and the importance of the Treaty of Lisbon. It was delivered in Spanish at 7 p.m. on December 9, 2009 in Collegium Maximum at the Nicolaus Copernicus University in Toruń. The lecture was interpreted so that afterwards the audience would have an opportunity to ask questions and participate in the subsequent discussion. The listeners asked questions pertaining to the shift in Spanish politics after 2004, division of competences between the newly elected President of the Union and the Spanish Presidency of the European Union in 2010, energy security and solidarity in the case of the crisis, questionable value of democratization processes within the European Community on the example of the Treaty of Lisbon, the most important challenges the Union will have to face in the nearest future, and the shape of the Community in 15 – 20 years.
Prof. Lopez-Jacoiste reminded the audience about the initiative undertaken by the forefathers of the European Union (Jeana Monnet, Robert Schuman, Konrad Adenauer as well as Alcide de Gasperi and  Paul-Henri Spaak), who were ready to shoulder the responsibility of integrating the nations of the continent devastated during World War II. She emphasized that “every state which would meet the minimal requirements, such as: democratic system of government, guarantee of fundamental rights, and economic development which would allow for the fulfillment of obligations set by the treaties, could join the initiative”.   She also reminded the audience of the importance of agreements ratified in the last two decades: the Single European Act (1986), the Maastricht Treaty (1992), the Treaty of Amsterdam (1997), the Treaty of Nice (2001) and the Treaty of Lisbon.
Moreover, she described the circumstances in which the Treaty of Lisbon emerged: “On December 13, 2007 the presidents and prime ministers of the 27 member states of the European Community signed a treaty in Lisbon. By virtue of this treaty both the Treaty on European Union (TUE) the Treaty establishing the European Community were modified. There can be no doubt that the intensity of negotiations between the member states was caused by the will to achieve both the legal and political integration which would allow for the Treaty of Lisbon to come into force not later than on January 1, 2010”. While explaining the practical implications of the Treaty the Professor remarked that: “The Treaty of Lisbon consists of two reform treaties: the Treaty on European Union (TUE) and the Treaty on the Functioning of the European Union (TFUE). Both treaties are equally binding. The Treaty of Lisbon establishes a new, international legal entity – the European Union. In this way the European Union has been strengthened in the realms of diplomacy, security, trade, development, humanitarian help and international agreement.” She added that “the European Union which has emerged due to the ratification of the Treaty is a new model of integration. It replaces the old legal and institutional framework and suspends the validity of all the earlier treaties.  What is of utmost importance is that since Lisbon the European Union has been regulated by two intertwined treaties – the TUE and the TFUE – which constitute a single, unified legal norm. Thus, the whole system is greatly simplified”.
The lecturer drew the audience’s attention to: “the way the foreign policy is being conducted within the European Union in accordance with the Treaty. Owing to certain decision-making mechanisms this realm of policy can still be classified as one based on collaboration rather than integration. The latter being the prevalent tendency within the European Union.  On the other hand, issues pertaining to freedom, security and justice will be integral parts of the competences “shared” between the Union and the member states. Certain exceptions, agreed upon by the other member states, shall be made for Great Britain, Ireland and Denmark”. While explaining the new role of the Community’s President Prof. Lopez-Jacoiste emphasized that: “although he will not wield real power, he will take over certain political and executive responsibilities crucial from the point of view of the new Council of Europe. He will also have to take into account national interests of the member states. Therefore, it seems unavoidable that he will be especially susceptible to the needs of the three big states:  Germany, France and Great Britain.  However, he should strive to strike a golden balance and attain certain independence so that his authority would be accepted by all member states. His nationality will be crucial in guranteeing such autonomy. That is the reason why he should not come from one of the bigger states.”