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 Presentation delivered by H.E. Ambassador David Daly,
Head of Delegation of the European Union to Australia,
Joint Parliamentary Standing Committee for Foreign Affairs, Trade and Defence, Parliament House, 16 June 2010
The Lisbon Treaty - making Europe a stronger partner in the World
The Lisbon Treaty came into force just over six months ago. However, its origins go back to the early 1990s. Challenges apparent then provoked the need for the EU to adapt itself for the future. Three EU treaties later there was still unfinished institutional business; the Lisbon Treaty, as the fourth EU treaty in 15 years, represents the end of a long period of deep internal institutional reflection.
Three main issues define the Lisbon Treaty; how could the EU be brought closer to the ordinary EU citizen in the street? How could the EU function with a membership stretching to 27-30 MS? How could the EU perform a stronger role in the world?
These issues emerged forcefully over the 1990s due to three main factors pushing for EU reform -the challenges of impending EU enlargement; the general functioning of democracy, and the response to the tragedy of the Balkan wars.
Why a new Treaty?
The fall of the Berlin Wall in 1989 created a new world of opportunities and challenges. It became clear to the EU12 early on that they needed to be open to accepting the newly independent countries of central and eastern Europe as new Member States if they wished to join and whenever they proved ready to join. This was an historic opportunity which was not to be missed.
This realisation brought with it another realisation, namely, that the EU would need to reform itself if it was to be able to function efficiently with 25-30 members; the structure which had been left basically unchanged since the original 6 MS would need to be adapted.
A second push for reform came from the normal democratic vigilance which democracies must have to ensure that government stays close to the citizen. In Europe this vigilance has to extend beyond the internal polity of the nation state and has to cover the EU institutional arrangements as well.
Throughout the 1990s and in the early 2000s there was a growing concern that we should do more to bring the EU closer to the citizen, especially as the EU was acquiring new powers in new areas.
Turnouts in the direct elections to the European Parliament showed a downward trend and there had been negative referenda votes in 1993 (Maastricht Treaty - Denmark), 2001 (Nice Treaty - Ireland) and on the Euro (2000 Denmark and 2003 Sweden).
A third force for EU reform came from the tragic Balkan wars of the 1990s which showed how little the EU could do as the EU if, firstly, it was not able to speak with one voice and, secondly, it did not have the normal foreign policy tools with which to intervene.
That the Balkan wars took place in Europe itself made these points even more dramatic to a Union founded on the basis of preventing war in Europe.
The establishment of the Common Foreign and Security Policy and then the European Security and Defence policy during this decade was greatly influenced by the tragic Balkan wars. However, like many new policies, they left room for further development, especially in terms of how the EU should organise itself in the foreign affairs area.
Any EU treaty represents what can be agreed between the Member States at a particular moment in time. It is by definition a compromise and as such it may leave important issues still needing a further solution.
Three EU Treaties, the treaties of Maastricht (1992), of Amsterdam (1997) and of Nice (2001) brought the EU forward in many important ways. However, they still left important issues to be finally resolved.
The three issues - making the EU more democratic, more efficient and more coherent on the world stage - still needed better solutions, hence the push for the Constitution for Europe and subsequently, the Lisbon Treaty.
The development of the Constitution and its rejection in referenda in France and the Netherlands, led to a pause for reflection, leading in turn to the Lisbon Treaty.
The ratification of Lisbon was itself not uncomplicated. In any event, the treaty eventually was ratified by all 27 MS and entered into force last December.
Lisbon: Making the Europe Union more democratic
The Lisbon treaty makes the EU more democratic and transparent by giving European citizens a greater voice through greater powers for the European Parliament and giving Member State parliaments greater opportunities to be involved in the work of the EU.
The European Parliament now elects the President of the European Commission.
The European Parliament becomes a legislator of equal importance to the Council across the vast majority of EU law - including in terms of trade agreements, agricultural policy and other areas. This is through the so-called "Co-decision procedure" which now is called the "Ordinary legislative procedure".
This makes the European Parliament a more important actor in the EU decision making process. The other actors, especially the Council and the European Commission, will have to take greater cognisance of the Parliament in the framing of proposals. The same goes for others, for example, for third countries negotiating with the EU. All in all the European Parliament now becomes the focus of increased political attention. In this context, however, it simply makes dealing with the EU a similar experience to dealing with others - for example, having negotiated the new Wine Agreement with Australia we are following its progress through this Parliament.
Other institutional changes: The voting system (Qualified Majority Vote) in the Council is simplified and represents the population weightings of the MS in a better way.
A clearer demarcation between EU and Member State competences is also a feature of the new treaty, with areas of exclusive, shared and supporting competence being listed.
In the EU, decision-making is taken as close to the people as possible under the principle of subsidiarity. Now the MS national parliaments get a new role in sending EU proposals back for further consideration if they feel that the proposal offends against the principle of subsidiarity.
The treaty gives citizens the right to petition the European Commission to bring forward new policy proposals.
Lisbon: Making the EU more efficient
Streamlining at the highest level. The Treaty creates the function of President of the European Council elected for two and a half years (renewable once). On 1 January 2010, former Belgian Prime Minister, Herman Van Rompuy was chosen by EU Heads of State and Government as the new President, Chairman, of the European Council. His appointment replaces the six-monthly rotating presidency previously in place at the European Council. He therefore brings greater strategic continuity to the EU at its highest political level.
He ensures the preparation and continuity of the work of the European Council, in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council (EU Foreign Affairs Ministers);
He facilitates cohesion and consensus within the European Council and reports to the European Parliament after each of the meetings;
He also ensures the external representation of the Union on issues concerning its Common Foreign and Security Policy at his level i.e. at Prime ministerial level.
The Treaty also improves the EU's ability to act in several policy areas particularly in the areas of freedom, security and justice, such as combating terrorism or tackling crime. The substantial changes in this area aim to make it easier and quicker for actions to be taken at the European level by invoking QMV (qualified majority voting) in almost all circumstances.
Energy policy, climate change, research, sport and tourism are other areas where the EU has enhanced ability to act.
The protection of Human Rights is at the core of the European Union. Now the Lisbon Treaty introduces the Charter of Fundamental Rights into European primary law. The Charter covers individual rights related to dignity, freedom, equality, solidarity, rights linked to citizenship status, and justice. The institutions of the Union and Member States must respect these rights in their implementation of EU law.
Lisbon: Making Europe stronger on the World stage
Already by making the EU more democratic and efficient in its everyday policy business, the Lisbon treaty strengthens the EU in its capacity to act; but this capacity to act works in both the internal and external spheres. Clearly, if we are better able to act internally as regards, say, Climate change, then this also makes us a stronger partner on the external front in that area.
However, the Lisbon Treaty also gives us explicit streamlined instruments in the foreign affairs area, especially through the creation of the new position of the High Representative for the Union for Foreign Affairs and Security Policy (Baroness Catherine Ashton) that combines being also a Vice-President of the European Commission. This post enhances coherence and continuity and strengthens the Union's role in the international arena.
The High Representative exercises, in foreign affairs, the functions which previously were exercised by three people; the six-monthly rotating Presidency represented by the respective Foreign Affairs Minister), the High Representative for CFSP and the Commissioner for External Relations. For example, last October Foreign Minister Smith participated in the EU-Australia Ministerial meeting in Stockholm. He sat across the table from three politicians on the EU side - Swedish Presidency Foreign Minister Carl Bild, a representative of EU High Representative for Common Foreign and Security Policy, (Dr. Solana), and European Commissioner for External Relations Benita Ferrero-Waldner. The Lisbon Treaty simplifies things - now Foreign Minister Smith will just have to sit across from one EU politician - HR/VP Baroness Catherine Ashton.
Baroness Ashton now conducts the Union's Common Foreign and Security Policy; she chairs the Foreign Affairs Council, and also contributes by her proposals. She is also mandated to ensure implementation of the decisions adopted in this field.
As one of the Vice-Presidents of the Commission, she ensures the consistency of the Union's external action. She is responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the Union's external action. This is a powerful amalgamation of policy instruments under a single political post.
Baroness Ashton now solely represents the Union for matters relating to the Common Foreign and Security Policy at Foreign Ministerial level; she conducts political dialogue with third parties on the Union's behalf, and expresses the Union's position in international organisations and at international conferences.
And of course she is my boss in that she exercises authority over the European External Action Service and over the Union's delegations in third countries and at international organisations.
CFSP continues to require unanimity on major decisions in the FA Council but some implementing actions can be taken on the basis of QMV.
Defence issues will continue to need unanimous approval of the 27 Member States. However, progress in the Common Security and Defence Policy, while preserving special decision-making arrangements, also pave the way towards reinforced co-operation among a smaller group of Member States.
A different improvement in the foreign affairs area is the creation of the single legal personality for the Union. This strengthens the Union's negotiating power in international fora, making it more effective and a more visible partner for third countries and international organisations.
The European External Action Service (EEAS)
The Lisbon treaty foresaw the establishment of a new European External Action Service (a European foreign service in layman's terms) providing back up and support to the High Representative.
EEAS staff will be appointed by the High Representative and drawn from three sources: relevant departments of the General Secretariat of the Council, of the Commission and of national diplomatic services of the Member States.
The Commission's delegations become Union delegations under the authority of the High Representative and are part of the EEAS structure. EU delegations work in close cooperation with diplomatic services of the Member States, and play a supporting role as regards diplomatic and consular protection of Union citizens in third countries.
All in all, the EEAS is a project of historical proportions as 27 sovereign states come together to effectively create a new, combined diplomatic service at European level. Over time, there will be many diplomats at the top of the FCO in London, or the Quai d'Orsay in Paris, and elsewhere, who will also have had experience of having been the EU Ambassador and Head of Delegation somewhere in the world and perhaps also experience in Brussels.
Other important Lisbon innovations
In some related areas, there are new developments which should be noted such as the Solidarity clause between Member States : the Treaty of Lisbon provides that the Union and its Member States act jointly in a spirit of solidarity if a Member State is the subject of a terrorist attack or the victim of a natural or man-made disaster. This article is the basis for the new European financial stabilisation mechanism agreed recently in the context of the economic crisis.
[Increased security for all: New provisions on civil protection, humanitarian aid and public health also aim at boosting the Union 's ability to respond to threats to the security of European citizens. ]
Why should this matter to Australia or other countries around the world?
What does the European Union bring to the world?
Three things stand out: its history, its size, and its values.
History: All countries have their histories. The histories of the countries of the European Union include long, rich, and sometimes complicated, contacts with other countries across the world. It is no surprise therefore that the EU has itself developed special, and more modern, partnerships across the globe.
Size: With its population of over 500 million, 7% of the world's population, the EU accounts for around 22% of global GDP; it is the world's largest trader; it provides some 60% of all world development assistance; some 28% of foreign currency reserves are held in the Euro.
But, the relative importance of Europe does not depend on size or economic weight alone, but rather on how these strengths are used; what values govern how Europe uses these strengths in the world.
The European Union is founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities..
Pluralism, non-discrimination, tolerance, justice and solidarity all flow from these values.
We believe in the market economy and open markets. We believe in solidarity between rich and poor, between the centre and the periphery.
And it is these values that Europe also brings to its relations with the outside world. These are the values which caused the EU to react quickly on the ground in Haiti , Samoa , Tonga , Chile and elsewhere in the face of natural disasters.
These are the values which put EU soldiers on the ground quickly in Chad to protect Darfurian refugees as a holding operation while the UN force was being prepared; these same values put EU peace monitors in Aceh, together with other partner countries.
These are the values which inspire the EU's work with fragile states, ranging from Europe through to the Pacific, and which lead us to provide 60% of the world's development assistance.
These are the values which mean we care about sustainable development and addressing the challenge of climate change and energy security.
These are the values which strive for a balanced world trade round.
Thankfully, these values are not unique to the European Union. When these values are shared, relationships become easier in a world where we all face increasing challenges.
And so since we share these basic values, it should come as no surprise that the EU looks upon Australia as a natural partner. And, it should come as no surprise either that this partnership is flourishing.
Conclusion
The Lisbon Treaty brings to an end a long period of intense internal institutional discussion about issues of what the EU should be doing and how it should be doing it; of how European citizens can be brought closer to the European project; of how a Europe of 27-30 countries can have better tools to equip it with for the challenges of today's world.
Naturally, the EU is still work in progress and there will, no doubt, be other treaties in the future. However, this long period of deep institutional debate in Europe is over for now - with the possible exception of economic governance in the Euro area; we can focus our energy on delivering on the policies which matter to our citizens.
These changes will make Europe stronger; more democratic, more efficient and better able to shape the effects of globalisation.
For those countries around the world which share the same values as the EU, Lisbon makes Europe a stronger partner.
Thank you for your attention.
See also Hansard 16 June 2010
This page updated
June 28, 2010
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