Ratification is the process by which a State (such as Ireland) chooses to become bound in international law to comply with a treaty (such as the Lisbon Treaty).

Competence is the term used in the Lisbon Treaty to describe the power the EU has to draw up policies and laws. The EU may introduce policies and laws only in relation to those areas that are set out in the treaties.

 

The Council (of Ministers) is composed of a minister from each member state.  Its correct title is “the Council” but it is generally known as the “Council of Ministers”.  This is partly to distinguish it from the European Council which is the heads of government or state of each member state.

This is the term which is used to describe the process whereby decisions are made jointly by the Council (of Ministers) and the European Parliament.  If the Lisbon Treaty is ratified it will be called the Ordinary Legislative Procedure.

 

This is a system of voting used by the Council (of Ministers) where the vote of each member state is giving a weighting.  The way the majority is measured will be changed from 2014 if the Lisbon treaty is ratified.  

 

The following are the main areas to which QMV already applies

Within the Treaty on European Union

• Proposal of a candidate for the post of President of the Commission by the European Council
• Appointment of the Commission by the European Council
• Decision defining an EU action or position on the basis of a decision of the European Council relating to the EU’s strategic interests and objectives
• Decision defining an EU action or position on a proposal from the High Representative
• Decision implementing a decision defining an EU action or proposition in the area of the CFSP
• Appointment of a special representative on a proposal of the High Representative
• CFSP Procedural questions
• CFSP start-up fund on a proposal of the High Representative

Within the Treaty on the EC (to be renamed the Treaty on the Functioning of the EU if the Lisbon Treaty is ratified)

• blood and blood derivatives; veterinary and phytosanitary fields; standards for medicinal products and devices for medical use)
• Incentive measures designed to protect and improve human health (monitoring, early warning of and combating serious cross-border threats to health, measures to protect public health (tobacco, alcohol)), excluding any harmonisation measure
• Measures Regulations relating to services of general economic interest
• Regulations relating to general principles and limits of the right to access to documents of EU institutions, offices or agencies
• Rules relating to the protection of individuals with regard to the processing of personal data
• Prohibition of discrimination on grounds of nationality
• Basic principles for EU incentive measures to support action taken by the Member States in the fight against discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, excluding any harmonisation measure
• Provisions with a view to facilitating the exercise of the right to move and reside freely within the territory of the EU
• Establishment of common customs tariff duties on a proposal of the Commission
• Measures in order to strengthen customs cooperation
• Establishment of the common organisation of agricultural markets and others provisions necessary for the pursuit of the objectives of the common agricultural policy and the common fisheries policy.
• Directives or regulations setting out the measures required to bring about freedom of movement for workers.
• Provisions relating to the aggregation of periods for the right to, and amount of, social benefit for migrant workers (Unanimity retained on provisions regarding payment of benefits to persons resident in the Member States)
• Directives relating to the freedom of establishment as regards a particular activity
• Exemption of some activities with regard to the measures in the chapter relating to the right of establishment
• Directives relating to the coordination of provisions in terms of right of establishment
• Directives relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications
• Coordination of national provisions concerning the taking-up and pursuit of activities as self-employed persons
• Extension of the provisions relating to service to nationals of a third country who provide services and who are established within the EU Directives relative to the liberalisation of a specific service
• Measures on the movement of capital to and from third countries involving direct investment - including in real estate - establishment, the rovision of financial services or the admission of securities to capital markets
• Regulations relating to administrative measures with regard to capital movements and payments (freezing of funds, financial assets or economic gains)
• Measures concerning the judicial cooperation in criminal matters
• Directives concerning the basic rules for mutual recognition of court judgements
• Directives establishing basic rules concerning the definition of criminal offences and sanctions in the areas of serious crime with a cross-border dimension (terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug and arms trafficking, organised crime)
• Money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime)
• Directive establishing minimal harmonisation rules with regard to the definition of criminal offences and sanctions in the area concerned
• Measures concerning the police cooperation (collection and exchange of information, training of staff, common investigative techniques
• Provisions for sea and air transport.
• Competition rules necessary for the functioning of the internal market
• Measures relating to the approximation of national provisions concerning the establishment and functioning of the internal market
• Directives necessary to eliminate the distortionof competition in a Member State and when the consultation procedure fails
• Regulations concerning detailed rules for the multilateral surveillance procedure within the Stability and Growth Pact
• Measures to ensure unified representation within international financial institutions and conferences after consulting the ECB
• Incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment
• Measures designed to encourage cooperation between Member States in the field of social policy
• Directives concerning the minimum requirements for gradual implementation in the social field
• Implementing decisions relating to the European Social Fund
• Measures to support and supplement the Member States in the field of vocational training
• Measures designed to meet common safety concerns with regard to public health (standards relating to organs and substances of human origin, concerning the consumer protection in the context of the completion of the internal market
• Guidelines, measures and projects of common interest concerning the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures
• Specific actions outside the Structural Funds
• Regulations and general rules applicable to the Structural Funds
• Implementing regulations relating to the European Regional Development Fund
• Measures necessary for the implementation of the European area of research
• Actions within the European environment policy
• General action programmes setting out priority objectives to be attained in the field of environment
• Measures necessary for the achievement of objectives relating to cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural and manmade disasters, excluding any harmonisation measure
• Measures necessary for the implementation of development cooperation policy (multiannual cooperation programmes with developing countries, thematic programmes)
• Measures necessary for the implementation of economic,financial and technical cooperation measures including assistance, in particular financial assistance, with third countries other than developing countries
• Measures defining the framework within which the EU’s humanitarian aid operations are implemented
• Interruption or reduction of economic and financial relations with third countries on a joint proposal of the High Representative
• Conclusion of international agreements (except for association agreements or economic, financial and technical cooperation agreements or if the field covered by the agreement requires unanimity)
• Regulations governing political parties at European level
• Procedural decisions within the Council and adoption of its Rules of Procedure
• Conditions of employment and remuneration of the president and the members of the Court of Auditors
• Regulations concerning the establishment and implementation of the budget, the presentation and audit of accounts
• Necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the EU after consulting the Court of Auditors

• Decision of the Council following a decision to suspend voting rights

 

The following are the main new areas to which QMV will apply if the Lisbon Treaty is ratified:

Within the EU

• Election of the President of the European Council by the European Council
• Adoption of the list of configurations of the Council of Ministers by the European Council
• Appointment of the High Representative by the European Council, with the approval of the President of the Commission
• Decision defining the European Defence Agency’s statute, seat and operational rules
• Decisions establishing permanent structured cooperation, suspending or accepting new members
• Conclusion of a withdrawal agreement of a Member State after the approval of the European Parliament and on the request of the State concerned

Within the Treaty on the Functioning of the EU

• Regulations relating to procedures and conditions required for a citizens’ initiative
• Evaluation measures of the implementation of the area of freedom, security and justice after simply informing the European Parliament and national parliaments
• Administrative cooperation within the area of freedom, security and justice after consulting the European Parliament
• Measures concerning border checks
• Measures concerning a common European asylum system
• Provisional emergency measures in case of a sudden inflow of refugees after consulting the European Parliament
• Measures concerning a common immigration policy
• Measures to provide incentives and support for Member States promoting the integration of third-country nationals (not including harmonisation measures)
• Measures concerning the judicial cooperation in civil matters having a cross-border dimension
• Measures to promote and support the action of Member States in the field of crime prevention excluding any harmonisation measure
• Regulations concerning Europol’s structure, operation, field of action and tasks
• Establishment of rules concerning transport
• Measures concerning the creation of European intellectual property rights to provide uniform intellectual property rights protection throughout the EU
• Amendment of some articles of the Statute of the ESCB
• Measures necessary for use of the euro after consulting the European Central Bank
• Incentive measures in the fields of sport
• Incentive measures in the cultural field
• Measures necessary to draw up a European Space Policy that may take the form of a European Space Programme
• Measures relating to energy policy
• Measures defining the framework for implementing the common commercial policy
• Negotiation and conclusion of agreements with one or more third countries or international organisations in the field of commercial policy
• Urgent financial assistance measures for developing countries
• Implementation of the solidarity clause in the event of a terrorist attack or a disaster (on a joint proposal of the High Representative and the Commission)
• Decision by the European Council on the Presidency of Council configurations (other than that of Foreign Affairs)
• Amendment of the provisions of the Court of Justice’s Statute (with some exceptions)
• Appointment of the president, vice-president and members of the ECB Governing Council by the European Council
• Rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

Unanimity applies at present and will continue to apply to, among other things, taxation, social security and common defence.

Some decisions of the Council (of Ministers) must be made unanimously.  This means that all the Ministers sitting in the particular Council (of Ministers) must agree.  If one or more member state does not agree, it is said to be exercising its veto.

At present, the majority of decisions are made by Qualified Majority Voting (QMV).  This means that no one country has a veto over the issue in question.  The Lisbon Treaty proposes that decisions in a number of new areas will be made by QMV.  So, every member state would lose its veto in these cases.

Decisions in a number of areas will still require unanimity - in other words, each member state retains its veto.  The veto is retained in, for example, Common Foreign and Security Policy and taxation.

 

Ireland is not obliged to take part in, or be bound by, decisions in what is known as the “Area of Freedom, Security and Justice”.  This covers issues such as asylum, immigration, border controls, judicial co-operation and police co-operation.

Ireland and the UK may each decide to be involved in particular issues - they may opt in or opt out of particular decisions. This special arrangement for Ireland and the UK has been in existence since these areas came within the remit of the EU in 1999 (when the Treaty of Amsterdam came into effect).  In practice, Ireland has opted in to a number of decisions, for example, in relation to asylum and judicial co-operation and has not exercised its right to opt in to others, for example, border controls.

The Lisbon Treaty does not change the opt-out for Ireland and the UK.  Ireland has issued a non legally binding declaration that it proposes to opt in to decisions in this area to the maximum extent possible and to review the entire opt-out clause within three years.

The wording of the proposed amendment to the Constitution proposes to allow Ireland to opt in to particular decisions only with the approval of the Dáil and Seanad. This would continue the present constitutional requirement. It also allows for Ireland to withdraw totally from the opt-out, again only if there is prior Dáil and Seanad approval.

 

At present, the EU has a significant role in making laws which directly affect workers’ rights.  It also has a major role in promoting the internal market, the free movement of capital, services and labour and these roles may indirectly affect workers’ rights. 

The Lisbon Treaty does not change these roles. 

The Charter of Fundamental Rights would become part of the governing law of the EU if the Lisbon Treaty is ratified.  The Charter has a number of clauses dealing with workers’ rights.  In general, they set out existing rights.

There are conflicting opinions on what the precise effect of the Charter will be on workers’ rights.  These are opinions and it is not possible for the Referendum Commission to adjudicate on those opinions

.

No. The Irish government decides whether or not Ireland should have a minimum wage and it decides the level of payment.  This is the case now and will remain the case whether or not the Lisbon Treaty is ratified.

 

No.  The Irish minimum wage applies to everyone who is employed in Ireland.  There have been decisions taken by the European Court of Justice which deal with situations where workers who are sent by their employers to work in another EU country may be paid at home country rates rather than at the rates payable in the country in which they are working.  These cases are complex but it is clear that the country to which the workers are sent must ensure that the workers in question get the same conditions of employment as native workers where those conditions are set by law or by collective agreements which are universally applicable.  As the Irish minimum wage is set by law, workers from other EU countries who are sent to work here must get the minimum wage.

No, but it does introduce changes in the way in which the EU treaties can be amended.  

Present position
At present, the process for amending the treaties is as follows:  All the member states get together in what is called an Inter-Governmental Conference (IGC).  This conference agrees proposals for changes to the Treaties.  In order for these proposed changes to come into effect, they must be ratified by each member state in accordance with their respective constitutional requirements.  In Ireland’s case, that may or may not require a referendum.  Whether or not a referendum is needed is mainly dependent on whether or not the changes involve a change to the essential scope or objectives of the EU.

This process is called the “ordinary revision procedure” in the Lisbon Treaty.

Changes introduced by the Lisbon Treaty
The Lisbon Treaty provides for what is described as “simplified revision procedures”.  There are two such procedures. 

One provides that the European Council may unanimously agree changes to the parts of the Treaties that deal with the internal workings of the EU.  This means that any member state may veto such a change.  Such changes may not increase the competence of the EU.  In order to come into effect, any such changes must be ratified by each member state in accordance with its own constitutional requirements.  In Ireland’s case, that may or may not require a referendum.  Changes to EU treaties do not always need a referendum at present.  

The second provides that the European Council has the power to amend the Treaties so as to allow Qualified Majority Voting to operate in certain areas where unanimity is now required or to apply the Ordinary Legislative Procedure in certain areas where a Special Legislative Procedure applies at present.  Any such proposal must be agreed unanimously by the European Council so any member state may veto a proposed change.  If the European Council does agree a proposed change, any national parliament may prevent these changes coming into effect. Under the proposed amendment to the Constitution of Ireland, the approval of the Dáil and Seanad will be required for Ireland to agree to such proposed changes.  Such changes may or may not require a referendum in Ireland.  Not all changes to EU treaties need a referendum at present.  

 

A lot of people have the wrong impression that all EU treaty changes need a referendum at present – they don’t.  The Lisbon Treaty does not change the circumstances in which Ireland needs to hold a referendum.  

The circumstances in which Ireland needs to hold a referendum on proposed changes to the EU Treaties were addressed by the Supreme Court in the case of Crotty v An Taoiseach.   The Supreme Court held that the 1972 amendment to the Constitution which enabled Ireland to join the (then) EEC authorised Ireland to join the Communities as they stood in 1973 and to “join in amendments of the Treaties so long as such amendments do not alter the essential scope or objectives of the Communities”.    

 

It is impossible to give a yes or no answer to this because a number of different rules apply to the measurement of a vote.  These rules will change in 2014 if the Lisbon Treaty comes into effect:

• At present, Ireland’s vote within the QMV system is worth about 2% of the total vote.  After 2014, it will be worth about 0.8%.  
• At present, a majority of member states must vote in favour for a policy or law to be passed.  This would change to 55%; that’s 15 out of the 27 member states (instead of 14 at present).  Ireland’s vote is equal to all the other member states under that test. 
• At present, the majority must represent 62% of the population of the EU.  This would increase to 65% if Lisbon comes into effect.
• The Lisbon Treaty also provides for a new rule that it will take at least 4 member states to block a decision – this is to ensure that the 3 biggest countries cannot block decisions without the support of at least one of the smaller countries. 
  

The EU is governed by a complex set of treaties.  The Treaty of Lisbon proposes to amend and restructure these treaties. 

1957: Treaty establishing the European Economic Community (Treaty of Rome); came into effect 1 January 1958; the EEC was later renamed the European Community

1986: Single European Act; came into effect 1 July 1987.

1992: Treaty on European Union (Maastricht treaty); came into effect 1 November 1993.

1997:  Treaty of Amsterdam; came into effect 1 May 1999.

2001: Treaty of Nice; came into effect 1 February 2003.

Accession treaties were signed as each new member state joined.  These are all part of the treaties governing the EU.

All the treaties are available at this link:
http://eur-lex.europa.eu/en/treaties/index.htm

Consolidated versions:
Treaty establishing the European Community
http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf

Treaty on European Union (consolidated text)
http://eur-lex.europa.eu/en/treaties/dat/12002M/pdf/12002M_EN.pdf

2007: Treaty of Lisbon
http://europa.eu/lisbon_treaty/full_text/index_en.htm

The Irish version is at:
http://europa.eu/lisbon_treaty/index_ga.htm

A consolidated version of the treaties as they would be if the Treaty of Lisbon is ratified is available at:
http://www.consilium.europa.eu/showPage.aspx?id=1296&lang=en

If the Lisbon Treaty is ratified there will be two treaties governing the EU:

• The Treaty on European Union – that is the Maastricht Treaty as amended by the Amsterdam, Nice and Lisbon treaties
• The Treaty on the Functioning of the EU – that is the Treaty of Rome as amended by all the subsequent treaties including the Lisbon treaty

Pillar structure
At present the EU has three pillars although the term “pillar” is not used in the Treaties.  The three pillars are:

• 1st Pillar: The “European Community” which is broadly the original institution. It covers a range of areas including social and employment policies, consumer, environment, competition and internal market laws and policies.  These are sometimes called "Community" activities.
• 2nd Pillar: Common Foreign and Security Policy – this deals with security and defence policies and foreign policy generally.
• 3rd Pillar: Police and Judicial Co-operation in Criminal Matters – this is more commonly known as Justice and Home Affairs and covers areas such as law enforcement, asylum seekers and refugees and immigration (some of these issues are also in the 1st Pillar).

The three pillars together constitute the European Union.  From a strictly legal perspective, the "European Community" (EC) refers to the First Pillar only while the Union (EU) refers to all three Pillars.  However, in practice the terms tend to be used interchangeably.  There are differences between how decisions are made in the 1st pillar and in the others.

The Treaty of Lisbon proposes to abolish this structure.  Instead, the European Union (EU) will be the only title. 

Legal personality

At present, the entity known as the EC has legal personality.  If the Lisbon Treaty is ratified, then the EU will have legal personality. 

 

Ratification

Ratification is the process by which a State (such as Ireland) chooses to become bound in international law to comply with a treaty (such as the Lisbon Treaty).

 

Competence

Competence is the term used in the Lisbon Treaty to describe the power the EU has to draw up policies and laws. The EU may introduce policies and laws only in relation to those areas that are set out in the Treaties.

 

Council

The Council (of Ministers) is composed of a minister from each member state.  Its correct title is “the Council” but it is generally known as the “Council of Ministers”.  This is partly to distinguish it from the European Council which is the heads of government or state of each member state.

Co-decision

This is the term which is used to describe the process whereby decisions are made jointly by the Council (of Ministers) and the European Parliament.

 

Ordinary Legislative Procedure

This is the term used in the Lisbon Treaty to describe the decision making process whereby decisions are made jointly by the Council (of Ministers) and the European Parliament and voting in the Council is by QMV.

 

Special Legislative Procedures

This is the term used in the Lisbon Treaty to describe the procedures where the ordinary legislative procedure is not used. They apply mainly in the area of Common Foreign and Security Policy. These decisions are made by the Council (of Ministers) and the European Parliament may have to be consulted in some cases.

 

Qualified Majority Voting

This is a system of voting used by the Council (of Ministers) where the vote of each member state is giving a weighting.

 

Veto

Some decisions of the Council (of Ministers) must be made unanimously.  This means that all the Ministers sitting in the particular Council (of Ministers) must agree.  If one or more member state does not agree, it is said to be exercising its veto.

At present, the majority of decisions are made by Qualified Majority Voting (QMV).  This means that no one country has a veto over the issue in question.  The Lisbon Treaty proposes that decisions in a number of new areas will be made by QMV.  So, every member state would lose its veto in these cases.

Decisions in a number of areas will still require unanimity - in other words, each member state retains its veto.  The veto is retained in, for example, Common Foreign and Security Policy and taxation.

 

Common Foreign and Security Policy

Common Foreign and Security Policy covers foreign policy and defence policy.  The Lisbon Treaty does not propose any significant changes but there are some wording changes.  The main decisions in this area must be made unanimously.  The proposed change to the Constitution of Ireland involves the continuation of the current arrangements on Ireland’s military neutrality.

 

Solidarity clause

This is a clause in the Lisbon Treaty which states that member states are obliged to assist each other if one is the victim of a terrorist attack or a natural or man made disaster.  The precise details would have to be agreed unanimously by the Council.  The Treaty also recognises that member states may assist each other in the case of armed aggression in accordance with the UN Charter.

 

High Representative for Foreign Affairs and Security Policy

The Treaty of Lisbon proposes the creation of this position.  It involves the amalgamation of the present position of High Representative for Foreign and Security Policy (who is not a member of the Commission) and the Commissioner responsible for foreign affairs.  The holder of the new position will be a member of the Commission.