Article by Article - The Changes Made by Lisbon

Article by article - the changes made by Lisbon
The Treaty of Lisbon amends the two current EU Treaties - the Treaty on the European Union (TEU) and
the Treaty on the European Community (TEC) - which were last amended by the Treaty of Nice in 2002.
Like most serious legal texts, the Treaty is complex - and like all amending legislation, it has to be read
with one eye on the texts it changes, as if reading only one such text wasn't sufficiently hard work. The
following document is based on a compilation of the changes made by Lisbon, produced by the UK
Foreign Office. It is still not short, but it is a good deal easier to read quickly than the Treaty itself, and
hopefully makes it easier to identify changes of interest.
The table sets out 4 columns. From the left, these are:
1. the post-Lisbon article number, with the Lisbon article numbers in brackets;
2. a brief description of the article and its meaning, together with the changes that Lisbon makes;
3. a status column, showing whether an article has been changed, is unchanged, or is a new article.
New articles don't always involve new material - in some cases new articles contain elements of
several previous articles;
4. the reason for the changes.
Obviously, the last column is the most contentious. At no point does it state that an article exists in order
to allow the EU to microchip your baby or achieve global domination, because, to be honest, such things
form no part of a sane debate on the Treaty. While there are perfectly good reasons why the EU may
need to be carefully controlled, it's not because it's planning to take over Europe, but because the
Member States (including Ireland) just don't intend doing some things at the European level, and it's
better to be clear about that.
The following reasons are given for the changes made in Lisbon:
● Democratic EU (c. 70 articles/changes) - makes the EU more democratic. Usually this is by
upgrading the ability of the European Parliament to act as a citizen watchdog on the Commission
and Council.
● Effective EU (c. 50 articles/changes) - increases the ability of the EU to respond effectively, or to
carry out those tasks and objectives assigned to it.
● Controlled EU (c. 50 articles/changes) - articles which further delimit the extent of the EU's
powers/responsibilities or subject it to further control by the member states.
● Coherent EU (c. 43 articles/changes) - changes which increase cooperation and coordination
between the member states, and make the EU hang together better.
● Values-based EU (c. 20 articles/changes) - changes which either expand on the EU's values, or
increase the requirement for the EU to adhere to them.
● Transparent EU (c. 15 articles/changes) - changes which make the EU more transparent, by
demystifying it or by making its workings more public
● Simpler EU (c. 13 articles/changes) - changes which simplify the EU and make it clearer as an
organisation, something that in turn makes it more transparent.
● Citizen Rights (c. 11 articles/changes) - changes which increase the rights of EU citizens.
● Oireachtas Input (c. 8 articles/changes) - changes which increase the input of the Oireachtas (as
opposed to purely the government) into the EU.
● Better Irish Input (c. 6 articles/changes) - changes which improve Irish (as opposed to Oireachtas
or government) input to the EU.
● Institutional Reform (c. 9 articles/changes) - institutional changes which don't fall into any other
category.
Legal changes:
● Safeguards Specific Irish Interests - elements safeguarding Irish interests such as neutrality or
right to life.
● Legal Update (c. 54 articles/changes) - update of an article to reflect other changes, such as
insertion of a reference to the High Representative.
● Legal Clarification (c 22 articles/changes) - changes that clarify existing articles, making explicit
what has been agreed to be implied by the article.
● Legal Change (c. 10 articles/changes) - other legal changes
Voting Changes:
● Removal of Veto - where decision-making moves from unanimity to QMV

● Creation of Veto - where decision-making moves from QMV to unanimity
● Voting Changes - other changes to voting practice
Various other notes have been made, pointing out changes facilitating the combating of climate change
or terrorism.
Opt-out from Title V of the TFEU - area of freedom and security: Ireland and the UK have an opt-
out from this entire section of the TFEU. The affected articles are coloured.
Lisbon Guarantees: the guarantees and assurances offered to Ireland have been inserted at the points
where they are relevant, but are clearly marked as such.
Section Headings: are as per the Treaties.
Explanations of Sections: where it has been felt useful to do so, an explanation of the various sections
of the Treaty have been given.
TREATY ON THE EUROPEAN UNION
TITLE I - COMMON PROVISIONS
Post-Lisbon Description of article and changes Status Reason for
Article changes
Number
(Lisbon no. in
brackets)
Article 1 (1) Conferral of competences Controlled EU
Draws on Article 1 TEU, and adds that competences are conferred by Changed
member states.
1 ctd... Replacement of EC by EU Simpler EU
Draws on Article 1 TEU, and adds that the EU replaces & succeeds Changed Transparent EU
the EC.
Article 2 (1a) Statement of EU values Values-based EU
Introduces concept of values, drawing on Article 6 TEU and Articles 2
Changed
and 13 TEC, and adding some new elements, such as respect for
human dignity, freedom, and equality.
Article 3 (2) EU Objectives Values-based EU
Draws on Article 2 TEU and Articles 2 and 3 TEC, and adds some new
elements to EU objectives, particularly in upholding the rights of Changed
children, combating social exclusion and discrimination, and
promotion of equality between men and women.
Article 4 (3a) Obligation to respect member state identities Controlled EU
Draws on Articles 6(3), 11(2) and 33 TEU and Article10 TEC. Expands
on existing obligation to respect national identities by requiring the
EU to respect the equality of Member States, their governmental Changed
structures and essential State functions, such as law and order, and
recognising that each Member State has sole responsibility for its
national security.
Article 5 (3b) Conferral of competences Controlled EU
Explicit statement that Member States confer competences on the EU Changed
and that competences not conferred remain with the Member States -
5 ctd... Role of National Parliaments in Subsidiarity Controlled EU
New procedures for involving national parliaments in ensuring Changed Oireachtas input
compliance with the subsidiarity principle. Better Irish input
Article 6 (6) Charter of Fundamental Rights Values-based EU
Legal effect for the Charter, provides for future accession to the Citizen Rights
ECHR. It's important to note that the Charter only applies to EU
legislation, and that "the Charter does not extend the field of Changed
application of EU law beyond the powers of the Union or establish
any new power or task for the EU, or modify powers and tasks as
defined by the Treaties."
Article 7 (7) Breach of EU values by a member state
In substance the same as Article 7 TEU, allowing the Council of
Ministers to suspend some of the rights of a member state
Unchanged
considered to be in serious and persistent breach of the values set
out in Article 2 - that is, "respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights ".
Article 8 (7a) Relations with neighbouring countries Peaceful EU
Provides specific legal basis for establishing special relationship with New
countries neighbouring the EU.
TITLE II - PROVISIONS ON DEMOCRATIC PRINCIPLES
Equality of EU citizens Democratic EU
Article 9 (8) Changed
Adds principle of equality of EU citizens.
Principles of Representative Democracy Democratic EU
Article 10(8 A) Changed
Sets out principle of representative democracy at EU level.
Transparency of EU institutions Transparent EU
Article 11(8 B) New
Enhances transparency of EU institutions
Citizens' Initiatives Democratic EU
11 ctd... New
includes provision for a new ‘citizens’ initiative’ procedure. Better Irish input
Role of National Parliaments Controlled EU
Builds on Protocol on the Role of National Parliaments in the EU to Oireachtas input
Article 12(8 C) strengthen the role of national parliaments, particularly with regard New Better Irish input
to subsidiarity, aspects of justice and home affairs co-operation, and
treaty revision procedures.
TITLE III - PROVISIONS ON INSTITUTIONS
Aims & Institutions Simpler EU
Article 13 (9) States the aims of the EU’s institutional framework and includes Changed Transparent EU
within it the European Council and the European Central Bank.
Election of Commission President Democratic EU
Article 14(9 A) Provides for the European Parliament(EP) to elect the Commission Changed
President.
Composition of Parliament Institutional
Raises maximum number of MEPs to 750 and provides for a minimum Reform
14 ctd... (6) and maximum (96) number of MEPs per Member State. Decision Changed
on composition of EP to be adopted by the European Council by
unanimity, with EP consent.
The European Council Simpler EU
Makes the European Council (the summit meeting of heads of Transparent EU
Article 15(9 B) government of the member states) explicitly the "Board of Changed Coherent EU
Governors" of the EU, setting its direction, allows them to elect a
chairperson (the President of the Council).
QMV Voting Voting Change
Changes the QMV system to allow for future additions to the EU
without constant revision by dropping the Council votes (where
Ireland has 7 votes out of 345), which currently require a round of
horse-trading on each new accession. The new system is not a
fundamental change, but an attempt to keep the general balance
similar while removing the system of allocated votes.
While QMV arrangements are often debated in EU treaty

referendums, they are rarely used in practice by the EU even where
they formally apply. The normal method of decision-making is
consensus - finding a solution that nobody objects to.
The proposed and current systems are difficult to compare simply,

Article 16(9 C) Changed
because the current system is based on the allocated Council votes of
the states plus population plus the number of member states, while
the new system drops the votes Council votes and rearranges the
other criteria. A computer analysis of 134 million potential voting
combinations suggests that under the proposed arrangements
Ireland loses some influence relative to 14 of the member states
(Germany, France, UK, Italy, Romania, Denmark, Slovakia, Finland,
Latvia, Slovenia, Estonia, Cyprus, Luxembourg and Malta), and gains
it relative to the other 12 (Poland, Spain, Netherlands, Greece,
Portugal, Belgium, Czech republic, Hungary, Sweden, Austria,
Bulgaria, and Lithuania). Our biggest loss of relative influence is
against Malta, where we have only 56% of our former relative
influence, our biggest gains are against the Czech Republic and
Hungary, where we have 127% of our former influence.
Council of Ministers' Meetings Transparent EU
16 ctd... Council of Ministers required to meet in public when deliberating on Changed
draft legislative acts.
Composition of the Commission Better Irish input
Allows Ireland to keep its Commissioner! This Article sets the role of
Article 17(9 D) the Commission, states the right of the Commission to initiate Changed
legislation, sets the term of office, and sets out the duties and
selection of the Commissioners.
Election of Commission President Democratic EU
17 ctd... Provides for the European Parliament (EP) to elect the Commission Changed
President.
High Representative Simpler EU
Article 18(9 E) Amalgamates the two existing external relations (EU foreign affairs) Changed Transparent EU
positions into a single position.
Court of Justice Simpler EU
The existing Court of First Instance is renamed the General Court and Transparent EU
Article 19(9 F) judicial panels are renamed specialised courts. Together with the Changed
Court of Justice, they become part of the Court of Justice of the
European Union.
TITLE IV – PROVISIONS ON ENHANCED CO-OPERATION
Enhanced cooperation allows those countries of the Union that wish to continue to work more closely together to do
so, while respecting the single institutional framework of the Union. The Member States concerned can thus move
forward at different speeds and/or towards different goals. However, enhanced cooperation does not allow extension
of the powers as laid down by the Treaties. Moreover it may be undertaken only as a last resort, when it has been
established within the Council that the objectives of such cooperation cannot be attained within a reasonable period
by applying the relevant provisions of the Treaties.
Principles & Rules Coherent EU
Article 20(10) Summarises enhanced co-operation principles and raises the Changed
minimum number of participating Member States from 8 to 9.
TITLE V – GENERAL PROVISIONS ON THE UNION’S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON
THE COMMON FOREIGN AND SECURITY POLICY
CHAPTER 1 – GENERAL PROVISIONS ON THE UNION’S EXTERNAL ACTION
Aims & Objectives Values-based EU
Draws on, and expands, the principles and objectives in Articles 6(1), Peaceful EU
11 and 13(3) TEU and Articles 174 and 177 TEC. Sets out the basis Legal Clarification
on which the EU will conduct external relations: democracy, the rule
of law, the universality and indivisibility of human rights and
fundamental freedoms, respect for human dignity, the principles of
equality and solidarity, and respect for the principles of the United
Nations Charter and international law
Determination of External Relations Values-based EU
Sets out that the external relations of the EU shall be defined and Peaceful EU
Article 22(10 B) Changed
identified by the European Council, and that they shall be determined Controlled EU
by unanimity
CHAPTER 2 – SPECIFIC PROVISIONS CONCERNING THE COMMON FOREIGN AND SECURITY POLICY
CFSP to conform to General Provisions Values-based EU
Reaffirms that Common Foreign and Security Policy (CFSP) action is Peaceful EU
Article 23(10 C) New
to conform to the general provisions in Chapter 1 - ie, the two
previous Articles.
Special Character of the CFSP Controlled EU
Describes the roles of the Member States and the EU institutions in Coherent EU
developing the CFSP. States that the CFSP is an area of the EU that is
Article 24(11) Changed
subject to specific rules, bars the ECJ from ruling on it. States that
the CFSP is very much an intergovernmental matter for the member
states acting together.
General Procedure
In substance the same as Article 12 TEU, outlining how the EU
stipulates a foreign policy, by defining general guidelines, adopting
Article 25(12) Unchanged
decisions defining the actions, positions, and implementation
arrangements, and strengthening cooperation between the member
states.
Roles of institutions and member states Coherent EU
Draws on Article 13 TEU, stating that the European Council identifies Effective EU
the EU's interests, determines the objectives and defines the Controlled EU
Article 26(13) guidelines of foreign policy, the Council of Ministers frames the Changed
policy, and the member states and High Representative put it into
effect. Adds an extraordinary meeting of the European Council if
international developments require it.
Role of the High Representative Coherent EU
Sets out the role and responsibilities of the High Representative of Effective EU
the Union for Foreign Affairs and Security Policy, who will be
supported by a European External Action Service. The HR does not
Article 27(13a) New
form policy, but can contribute proposals, will represent the agreed
positions where the EU is represented, and is responsible for
implementing the policies unanimously agreed by the European
Council.
Adoption of foreign policy decisions
In substance the same as Article 14 TEU, stating how decisions are to
be taken and reviewed, and how the member states will inform each
other of their decisions under an agreed policy.
Implementation of foreign policy decisions
In substance the same as Article 15 TEU, stating that the Council of
Ministers adopts decisions that define the approach of the EU to a
particular matter of thematic or geographical nature, and the
member states are to ensure that their national policies conform to
the agreed EU position.
Submission of Initiatives Effective EU
Draws on Article 22 TEU, stating that any member state can submit
initiatives, proposals, or questions relating to foreign policy to the
Article 30(15a) Changed
Council. Adds that the HR can also submit initiatives or decisions, and
that the HR can call an extraordinary meeting of the Council in cases
requiring rapid decision.
CFSP Decision-making Controlled EU
Draws on Article 23 TEU, which sets out decision-making procedure Effective EU
for CFSP: unanimity with stated exceptions, but always unanimity for
decisions having military or defence implications. The European
Article 31(15b) Council (by unanimity) may make a specific request to the High Changed
Representative to make a proposal to be adopted by QMV.
Introduces a new passerelle clause allowing European Council, by
unanimity, to apply QMV to other areas of CFSP, but not for decisions
having military or defence implications.
Consultation between member states Coherent EU
Draws on Articles 11(2), 16 and 20 TEU. Strengthens provisions for Effective EU
Member States to inform and consult one another on CFSP matters
and to coordinate activities where a common approach is agreed.
Special Representatives Coherent EU
Draws on Article 18(5) TEU. New elements reflecting the role of the
High Representative - the Council can appoint special policy
coordinators for specific policies.
Coordination of member states' policies Coherent EU
New element reflecting the role of the High Representative - to be Better Irish input
kept informed by member states of any matters of common interest
Article 34(19) New
arising on international bodies of which the member state is a
member, and to share that with the member states who are not on
that body.
Role of embassies, consulates, delegations.
In substance the same as Article 20 TEU, stating that member state
Article 35(20) diplomatic and consular missions, and EU delegations, in non-EU Unchanged
countries and organisations, are to cooperate with agreed policy
decisions, and contribute to the right of EU citizens to protection.
Consultation of the Parliament Coherent EU
Draws on Article 21 TEU, regarding keeping the European Parliament Democratic EU
Article 36(21) informed and consulting with it on policy. New elements reflecting the Changed
role of the High Representative - to keep the European Parliament
informed and consult with it..
Conclusion of International Agreements Effective EU
Article 37(24) Draws on Article 24 TEU, allows the EU to conclude international Changed
agreements under CFSP.
Political and Security Committee Coherent EU
Draws on Article 25 TEU, regarding the role of the Political and
Article 38(25) Security Committee in monitoring the international situation, and in Changed
crisis management. Changed to reflect the role of the High
Representative.
Protection of individuals' data Values-based EU
New. Provides a specific legal basis for data protection measures in Citizen Rights
Article 39(25a) New
relation to CFSP activities - the Council must have clear rules, and
those rules must be monitored by independent authorities.
CFSP not to interfere with EU Coherent EU
Implementation of CFSP is not to affect the procedures or
Article 40(25b) Changed
institutions’ powers set out in the TFEU, and this also applies vice
versa - keeps CFSP and the day to day EU separate.
Operating Expenditure Effective EU
Draws on Article 28 TEU, which sets out the access to budgets and
Article 41(28) control of expenditure under CFSP. New elements allow rapid access Changed
to funds for urgent foreign policy issues, allows start-up funds for
foreign policy initiatives.
Section 2: PROVISIONS ON THE COMMON SECURITY AND DEFENCE POLICY
Lisbon Lisbon Guarantees New Safeguards
Guarantees The Union's action on the international scene is guided by the Specific Irish
- will be principles of democracy, the rule of law, the universality and Interests
annexed to indivisibility of human rights and fundamental freedoms, respect for
Treaty as human dignity, the principles of equality and solidarity, and respect
Protocols if for the principles of the United Nations Charter and international law.
Lisbon is ratified
by Ireland. The Union's common security and defence policy is an integral part of
the common foreign and security policy and provides the Union with
an operational capacity to undertake missions outside the Union for
peace-keeping, conflict prevention and strengthening international
security in accordance with the principles of the United Nations
Charter.
It does not prejudice the security and defence policy of each Member
State, including Ireland, or the obligations of any Member State.
The Treaty of Lisbon does not affect or prejudice Ireland's traditional

policy of military neutrality. It will be for Member States - including
Ireland, acting in a spirit of solidarity and without prejudice to its
traditional policy of military neutrality - to determine the nature of
aid or assistance to be provided to a Member State which is the
object of a terrorist attack or the victim of armed aggression on its
territory.
Any decision to move to a common defence will require a unanimous

decision of the European Council. It would be a matter for the
Member States, including Ireland, to decide, in accordance with the
provisions of the Treaty of Lisbon and with their respective
constitutional requirements, whether or not to adopt a common
defence.
Nothing in this Section affects or prejudices the position or policy of

any other Member State on security and defence.
It is also a matter for each Member State to decide, in accordance

with the provisions of the Treaty of Lisbon and any domestic legal
requirements, whether to participate in permanent structured
cooperation or the European Defence Agency.
The Treaty of Lisbon does not provide for the creation of a European
army or for conscription to any military formation.
It does not affect the right of Ireland or any other Member State to
determine the nature and volume of its defence and security
expenditure and the nature of its defence capabilities. It will be a
matter for Ireland or any other Member State, to decide, in
accordance with any domestic legal requirements, whether or not to
participate in any military operation.
Aims & Objectives
Draws on Article 17 TEU, which sets out the aims and objectives of
the Common Security and Defence Policy (CDSP), and allows for the
.framing of a common defence at some future point (Ireland has
opted out, and can only opt back in by referendum). Adds several
new elements, considered below.
European Defence Agency Institutional
42 ctd... Brings the European Defence Agency under the Treaties, as per Changed Reform
Article 45.
Entrusting of Tasks Effective EU
42 ctd... Allows for missions to be entrusted to a group of Member States Changed
under Article 44.
Permanent Structured Cooperation Effective EU
Allows for 'permanent structured cooperation' as per Article 46 -
which allows a core group of member states to ccoperate more
42 ctd... closely if they wish. A main objective of this cooperation is for the EU Changed
to be able to assist the UN through international peace missions
involving military forces (http://grahnlaw.blogspot.com/2008/02/eu-
treaty-of-lisbon-permanent.html).
Mutual Assistance Coherent EU
Provides for Member States to assist each other in case of armed
42 ctd... Changed
aggression. Does not require Ireland to offer military assistance (see
Guarantees).
Unanimity in decision-making Unchang Controlled EU
42 ctd...
Retains unanimity as the basis for decision-making ed
Protection of Irish Neutrality Safeguards
The policy of the Union in accordance with this Section shall not specific Irish
Unchang
42 ctd... prejudice the specific character of the security and defence policy of interests
ed
certain Member States (including Ireland, in respect of Irish
neutrality).
Allowed Tasks Values-based EU
Draws on Article 17(2) TEU, which sets out the tasks for which the Effective EU
EU may use civilian and military means - joint disarmament Coherent EU
operations (new), humanitarian and rescue tasks, military advice and
assistance tasks (new), conflict prevention (new) and peace-keeping
tasks, tasks of combat forces in crisis management, including peace-
making and post-conflict stabilisation (new) - and sets out the roles
of the Council and the High Representative.
Entrusting of Tasks Effective EU
Article 44(28 C) Enables the European Council to entrust implementation of a CSDP New
task to a group of Member States who are willing to take it on.
European Defence Agency Coherent EU
Brings the European Defence Agency under the Treaties. This Agency
Article 45(28 D) is already in existence, and Ireland is already a member - the Treaty New
does not change the tasks, powers, or role of the EDA, or place any
additional burden on the member states (see Guarantees)
Permanent Structured Cooperation Effective EU
Provides for ‘permanent structured cooperation’, relating to the
development of military capabilities, among certain Member States
Article 46(28 E) participating on a voluntary basis. Decisions to set up such New
cooperation, join it later or suspension from it are by QMV; decisions
within such cooperation are by unanimity. Ireland is not involved,
and see also the Guarantees.
TITLE VI – FINAL PROVISIONS
Simpler EU
Replacement of the EC by the EU
Transparent EU
Article 47(46a) Provides that the EU, which replaces and succeeds the EC, has legal Changed
Institutional
personality.
Reform
Procedures for Revision of these Treaties Simpler EU
Sets out procedures for proposing amendment of the Treaties: an Controlled EU
“ordinary revision procedure”, and a “simplified revision procedure” Oireachtas Input
for specified types of amendment.
Ordinary Procedure: is the current method of proposing Treaty
amendments, and requires an intergovernmental conference and a
whole amending treaty like Lisbon. In turn, that will mean a
referendum in Ireland.
Simplified Revision Procedure: is new and simpler, involving the

proposal of a single amendment, in the same way we amend our
Constitution, but limited only to certain institutional and voting
changes. This method can only be used for:
(a) amendments to certain internal EU policies, provided they do not
increase EU competences;
(b) moves from unanimity to QMV (except for military and defence
issues) ;
(c) moves to co-decision (ie involving the Parliament in legislation).
Unanimity in the European Council and EP consent is required in each

case; national ratification is also required for (a), and any national
parliament may veto a proposed decision under (b) or (c). Any
proposal to increase the EU's competences would have to use the
current "full Treaty" method.
Application Procedure for Accession Candidates Values-based EU
Application procedure for candidate member states - adds new Oireachtas Input
Article 49(49) requirements to notify national parliaments of membership Changed
application and that conditions for membership agreed by the
European Council must be taken into account.
Withdrawal from the EU Legal Change
Formally recognises a Member State’s right to withdraw from the EU
(with arrangements for withdrawal to be set out in an agreement
Article 50(49 A) concluded by the Council by QMV, with EP consent). Member states New
already have the full right to withdraw at their option, and this Article
does not introduce any barriers to that - it deals with how the post-
withdrawal relationship shall be negotiated.
Status of Protocols
In substance the same as Article 311 TEC. Makes clear that Protocols
Article 51(49 B) Unchanged
and Annexes to the Treaties form an integral part of them, and have
the same legal weight.
Territorial Scope of Treaties Legal Update
Paragraph 1 unchanged from Article 299(1) TEC. Paragraph 2
Article 52(49 C) Changed
provides that territorial scope of the TEU is the same as that of the
TFEU.
Duration of Treaty
Unchanged from Article 51 TEU - unlimited.
Ratification & Entry into force
Unchanged from Article 52 TEU.
Official Languages of Treaty Legal Update
Article 55(53) Official languages updated for new member states. Allows translation Changed
into other (non-official) languages.
TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
PART ONE - PRINCIPLES
Principles & Application Legal Change
Sets out what the Treaty does. TFEU determines the areas of,
Article 1 (1a) New
delimitation of, and arrangements for exercising EU competences. EU
is founded on TEU and TFEU, which have equal value.
TITLE I - CATEGORIES AND AREAS OF THE UNION’S COMPETENCE
Declaration in relation to the delimitation of competences
The Conference underlines that, in accordance with the system of division of competences between the Union and
the Member States as provided for in the Treaty on European Union and the Treaty on the Functioning of the
European Union, competences not conferred upon the Union in the Treaties remain with the Member States.
When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Member
States shall exercise their competence to the extent that the Union has not exercised, or has decided to cease
exercising, its competence. The latter situation arises when the relevant EU institutions decide to repeal a legislative
act, in particular better to ensure constant respect for the principles of subsidiarity and proportionality. The Council
may, at the initiative of one or several of its members (representatives of Member States) and in accordance with
Article 241 of the Treaty on the Functioning of the European Union, request the Commission to submit proposals for
repealing a legislative act. The Conference welcomes the Commission's declaration that it will devote particular
attention to these requests.
Equally, the representatives of the governments of the Member States, meeting in an Intergovernmental
Conference, in accordance with the ordinary revision procedure provided for in Article 48(2) to (5) of the Treaty on
European Union, may decide to amend the Treaties upon which the Union is founded, including either to increase or
to reduce the competences conferred on the Union in the said Treaties.
Types of competence Controlled EU
Sets out the different categories of EU competence, and describes Simpler EU
Article 2(2 A) New
the legislative and implementing roles of the EU and the Member Transparent EU
States in each.
Exclusive Competences Controlled EU
Lists the areas and circumstances in which the EU has exclusive Simpler EU
competence: Transparent EU
(a) customs union;
(b) the establishing of the competition rules necessary for the
functioning of the internal market;
(c) monetary policy for the Member States whose currency is the
Article 3(2 B) euro; New
(d) the conservation of marine biological resources under the
common fisheries policy;
(e) common commercial policy.
These competences already exist, and are not being granted by

Lisbon. Previously, these were listed as "activities", and it was not
clear the extent to which they were exclusive to the EU or not.
Shared Competences Controlled EU
Describes the circumstances and principal areas in which competence Simpler EU
is shared between the EU and Member States, and where when Transparent EU
decisions have been taken through the EU the State will not exercise
its own powers:
(a) internal market;
(b) social policy, for the aspects defined in this Treaty;
(c) economic, social and territorial cohesion;
(d) agriculture and fisheries, excluding the conservation of marine
biological resources;
(e) environment;
(f) consumer protection;
(g) transport;
(h) trans-European networks;
(i) energy (new);
Article 4(2 C) (j) area of freedom, security and justice; New

(k) common safety concerns in public health matters, for the aspects
defined in this Treaty.
and makes explicit those areas in which the exercise of the EU's
competence does not prevent Member States from exercising their
own powers:
(a) research
(b) technological development
(c) space (new)
(d) development cooperation
(e) humanitarian aid
Again, these competences are not new, unless they are marked as
such. Previously, these were listed as "activities", and it was not clear
the extent to which they were exclusive to the EU or not.
Coordination of policies Coherent EU

Article 5(2 D) Coordination of Member States’ economic, employment and social Changed
policies.
Supporting Competences Controlled EU
Sets out areas in which the EU has competence to support, Simpler EU
coordinate or supplement actions of the Member States at European Transparent EU
level:
(a) protection and improvement of human health;
(b) industry;
Article 6(2 E) New
(c) culture;
(d) tourism (new);
(e) education, vocational training, youth and sport (new);
(f) civil protection;
(g) administrative cooperation.
TITLE II - PROVISIONS HAVING GENERAL APPLICATION
Consistency Coherent EU
Summarises Articles 1 and 3 TEU, and Articles 5 and 7 TEC. States Legal Clarification
Article 7(2 F) that the EU shall ensure consistency between its policies and Changed
activities, taking all of its objectives into account and in accordance
with the principle of conferral of powers.
Promotion of equality between men and women
Article 8 (3) Unchanged
In substance the same as Article 3(2) TEC.
Social Policy Values-based EU
Summarises the existing Article 2 TEU, and Articles 2, 127, 136, 137, Legal Clarification
140, 149, 150 and 152 TEC. States that in defining and implementing
Article 9 (5a) its policies and activities, the EU shall take into account requirements Changed
linked to the promotion of a high level of employment, the guarantee
of adequate social protection, the fight against social exclusion, and a
high level of education, training and protection of human health.
Anti-Discrimination Values-based EU
Article 10(5b) The EU is to aim to combat discrimination based on specified grounds New Citizen Rights
when defining and implementing its policies and actions.
Sustainable Development
Article 11 (6) In substance the same as Article 6 TEC, stating that environmental Unchanged
protection must be integrated into EU policies.
Consumer Protection
Article 12(6a) Unchanged from Article 153(2) TEC, stating that consumer protection Unchanged
must be integrated into EU policies.
Animal Welfare Values-based EU
Draws on the Protocol on the protection and welfare of animals, and
broadens its scope. States that the EU and the Member States shall,
since animals are sentient beings, pay full regard to the welfare
requirements of animals, while respecting the legislative or
administrative provisions and customs of the Member States relating
in particular to religious rites, cultural traditions and regional
heritage.
Public Services Legal Clarification
Introduces a new legal basis for legislation, adopted by co-decision,
to establish the principles and conditions to provide, commission and
Article 14(16) fund services of general economic interest. This clarifies the legal Changed
basis for such services, and does not affect in any way the
competence of Ireland or the other member states to provide,
commission and organise public services (see Solemn Declaration).
Commitment to Transparency Transparent EU
Draws on Article 255 TEC, and further promotes transparency by a
variety of measures, including requiring the Council and Parliament to
meet in public, requiring the publication of documents relating to the
legislative process, and requiring every institution and agency to
draw up rules of procedure implementing transparency.
Right to protection of personal data Values-based EU
Article 16(16 B) Draws on Article 286 TEC, and strengthens the right individuals have Changed
to protection of their personal data.
Respect for Churches et al Values-based EU
Article 17(16 C) EU respect for churches, religious associations or communities, and New
philosophical and non-confessional organisations.
PART TWO - NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION
Prohibition of discrimination on grounds of nationality
In substance the same as Article 12 TEC, stating that within the
Article 18(16 D) scope of the Treaties, and without prejudice to any special provisions Unchanged
of the Treaties, discrimination on the grounds of nationality is
prohibited..
Non-Discrimination Democratic EU
Draws on Article 13 TEC. EP consent, rather than consultation, is
Article 19(16 E) required for legislation to combat discrimination. Broadens the scope Changed
of the EU's anti-discrimination stance by adding positive obligations
to observe equality and equal treatment in all EU actions.
Citizenship of the EU Values-based EU
Draws on Article 17 TEC, but citizenship of the Union would now be Citizen Rights
additional to, rather than complement, national citizenship - . The
specific citizenship rights listed are the same in substance as those in
Articles 17-21 TEC.
Citizenship of the EU is already established, since Maastricht, nor is
there any change in the citizenship so established. The change of
"complements" to "additional to" does not change the substance.
Right of Free Movement Social EU
Paragraphs 1 and 2 are in substance the same as Article 18(1) and
(2) TEC. Paragraph 3 provides a new power to establish by unanimity
social security and social protection measures.
Right to vote in member states
In substance the same as Article 19 TEC, stating that EU citizens shall
have the right to vote and stand as candidates in municipal and
European elections in whichever member state he or she may reside.
Right to Diplomatic Protection Citizen Rights
The first paragraph is in substance the same as Article 20 TEC, Effective EU
restating that citizens of any member state are entitled to protection
Article 23(20) by the diplomatic services of other member states in countries where Changed
their own state is not represented.. The second paragraph provides a
new power to adopt by QMV coordination and cooperation measures
to provide the necessary protection.
Right to be heard Citizen Rights
Outlines the rights of the citizens with respect to the EU institutions -
Article 24(21) the right to Parliamentary petition, application to the Ombudsman, Changed
right to an answer in their own language from the institutions and
agencies.
Citizens' Initiatives Citizen Rights
Paragraph 1 is new and provides a power to adopt by codecision Democratic EU
24 ctd...
regulations providing for citizens' initiatives, which allow citizens to
place issues directly on the EU's legislative agenda.
Changes to Citizenship Rights Democratic EU
Article 25(22) Draws on Article 22 TEC. EP consent, rather than consultation, is Changed
required for measures to strengthen or add to citizenship rights.
PART THREE - POLICIES AND INTERNAL ACTIONS OF THE UNION
The following Titles deal with the establishment and co-ordination of common European policies. These are not
intended to be blanket "one size fits all" policies, but are instead a combination of common goals and co-ordination,
rather than competition, between national policies. In many of these areas, the EU has only a supporting role, and
its actions are either supplementary to, or supportive of, the policies of the individual member states.
TITLE I - THE INTERNAL MARKET
Aims & Objectives Legal Update
In substance the same as Article 14 TEC. New reference to the aim of
Article 26(22a) ensuring the functioning of the internal market - Nice only covers Changed
establishing the internal market, but the internal market is now
largely established.
Derogations & Special Provisions
In substance the same as Article 15 TEC. Allows special provisions to
Article 27(22b) Unchanged
be made where countries might find the internal market excessively
burdensome because of differences in economic development.
TITLE II - FREE MOVEMENT OF GOODS
Aims & Objectives
In substance the same as Article 23 TEC. The EU is a customs union,
without internal customs or tariffs, and with a common set of
customs and tariffs on external trade.
Non-EU products circulating inside the EU
Article 29(24) Unchanged from Article 24 TEC. Outlines when non-EU products Unchanged
should be considered as 'in free circulation' inside the EU.
CHAPTER 1 - THE CUSTOMS UNION
Prohibition of customs duties between member states
Article 30(25) Unchanged from Article 25 TEC, stating that customs duties are Unchanged
prohibited between the member states.
Common customs duties
Unchanged from Article 26 TEC, stating that common customs tariffs
are to be fixed by the Council of Ministers on a proposal from the
Commission.
Guidelines
Article 32(27) Unchanged from Article 27 TEC, stating the guidelines under which Unchanged
the Commission carries out tasks resulting from this Chapter.
CHAPTER 2 - CUSTOMS COOPERATION
Customs Cooperation Coherent EU
Draws on Article 135 TEC. The provision excluding customs Anti-Smuggling
Article 33(27a) cooperation measures from measures concerning national criminal Changed
law or national administration of justice is deleted, which increases
the scope of the measures.
CHAPTER 3 - PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES
Prohibitions on quantitative restrictions on imports
Article 34(28) Unchanged from Article 28 TEC, stating that quantitative restrictions Unchanged
on imports are prohibited between member states.
Prohibitions on quantitative restrictions on exports
Article 35(29) Unchanged from Article 29 TEC, stating that quantitative restrictions Unchanged
on exports are prohibited between member states.
Exemptions from the prohibitions
Unchanged from Article 30 TEC, allowing exemption from the
prohibitions on the basis of public morality, public policy or public
Article 36(30) security; the protection of health and life of humans, animals or Unchanged
plants; the protection of national treasures possessing artistic,
historic or archaeological value; or the protection of industrial and
commercial property.
State Monopolies of Commercial Character
Unchanged from Article 31 TEC.
TITLE III - AGRICULTURE AND FISHERIES
Common Agricultural Policy Legal Clarification
Draws on Article 32 TEC, but adds references to the functioning of
the internal market and clarifies that the term 'agricultural' also
refers to 'fisheries'.
Aims & Objectives
Article 39(33) Unchanged from Article 33 TEC, setting out the aims and objectives Unchanged
of the Common Agricultural Policy.
Common Organisation of Markets
Article 40(34) Unchanged from Article 34 TEC, setting out the establishment of a Unchanged
common organisation of agricultural markets.
Additional Measures
Article 41(35) Unchanged from Article 35 TEC, setting out additional measures that Unchanged
provision can be made for under CAP.
Competition Controlled EU
Draws on Article 36 TEC, and gives a role to EP and Commission in
Article 42(36) legislative process, allowing the Council of Ministers and the Changed
Parliament to determine to what extent competition rules apply to
agricultural production and trade.
Implementation Democratic EU
Draws on and updates Article 37 TEC, removing the first paragraph
Article 43(37) and amending legislative processes. QMV already applies, decision- Changed
making moves to co-decision for CAP and CFP, although the EP's
legislative role is excluded for some specific issues.
Countervailing Charges
Unchanged from Article 38 TEC, setting out that where a product is
Article 44(38) subject to a national market organisation or equivalent internal rules Unchanged
other member states may apply a countervailing charge to imports of
the product.
TITLE IV - FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL
Historically, the ability to take up employment, set up a business, or provide services in countries other than your
country of birth was highly restricted by governments, as was the ability to move your money from one country to
another.
CHAPTER 1 - WORKERS
Deals with freedom of movement for workers, such that they are free to move within the EU.
Aims & Objectives
Implementation
Article 46(40) In substance the same as Article 40 TEC, setting out implementation Unchanged
of the aims and objectives of free movement.
Encouraging exchanges of young workers
Article 47( 41) Unchanged
Social Security Arrangements Removal of Veto
Draws on Article 42 TEC, which deals with the social security Controlled EU
measures needed to allow the free movement of workers, such as Reciprocation
payment of benefits and the taking into account qualifying periods of
employment in all member states. Adds clarification regarding
Article 48(42) application to both employed and self-employed, moves decision- Changed
making to QMV. Introduces an emergency brake procedure, where
any member of the Council of Ministers can declare a proposed
measure would affect important aspects of their national security
system or affect the financial balance of the system, in which case
the matter is referred to the European Council for a decision.
CHAPTER 2 - RIGHT OF ESTABLISHMENT
Deals with the right of member state nationals to establish themselves in business in another member state.
Aims & Objectives
Implementation
In substance the same as Article 44 TEC.
Non-application Democratic EU
Article 51(45) Draws on Article 45 TEC. QMV already applies, decision-making Changed
moves to co-decision.
Non-prejudice
Mutual recognition of Qualifications Removal of veto
Draws on Article 47 TEC. Certain elements are moved to QMV (co- Democratic EU
decision), to wit the issuing directives for the mutual recognition of
Article 53(47) diplomas, certificates and other evidence of formal qualifications and Changed
for the coordination of the provisions laid down by law, regulation or
administrative action in Member States concerning the taking-up and
pursuit of activities as self-employed persons.
Treatment of Companies
Unchanged from Article 48 TEC, stating that legally formed
companies shall be treated the same as natural persons for the
purposes of this Chapter.
Participation in Capital of Companies
Article 55(48a) Unchanged
In substance the same as Article 294 TEC. 8
CHAPTER 3 - SERVICES
Deals with the right of member state nationals to offer services from one country to another. Services within the
meaning of the Treaties are services normally provided for remuneration - a definition which does not include
treatments offered only in case of medical emergency.
Prohibition of Restriction of Services Democratic EU
Draws on Article 49 TEC. QMV already applies, decision-making
Article 56(49) moves to co-decision in respect of allowing non-EU national Changed
established within the EU to come under the provisions of this
chapter.
Definition of Services
In substance the same as Article 50 TEC. Defines "services" within
the meaning of the Treaties where they are normally provided for
remuneration.
Transport Services
Article 58(51) Unchanged from Article 51 TEC. Distinguishes transport services as Unchanged
being governed by the rules of the Title on Transport.
Liberalisation of Specific Services Democratic EU
Draws on Article 52 TEC. QMV already applies, decision-making
moves to co-decision. This Article deals with the liberalisation of
specific services (that is, allowing the services to be open to
competition from other member states), but all that is changed is the
addition of the European Parliament's role.
Further Liberalisation of Services
In substance the same as Article 53 TEC, setting out that member
states should endeavour to go beyond the minimum provisions of
Article 59.
Non-discrimination
Unchanged from Article 54 TEC, stating that as along as restrictions
Article 61(54) on freedom to provide services have not been abolished, such Unchanged
restrictions must be applied without discrimination on the basis of
nationality or residence.
Application of Articles 51-54 to this Chapter
Unchanged from Article 55 TEC stating that Articles 51-54 shall apply
Article 62(55) to matters under this Chapter - those articles being non-application, Unchanged
non-prejudice, mutual recognition of qualifications and treatment of
companies.
CHAPTER 4 - CAPITAL AND PAYMENTS
Deals with the freedom to move capital between member states.
Prohibition of restrictions on capital movement
Article 63(56) Unchanged from Article 56 TEC, prohibiting restrictions on the Unchanged
movement of capital between member states.
Capital movement to/from non-EU countries Democratic EU
Draws on Article 57 TEC. Paragraph 2 QMV already applies, decision- Controlled EU
making moves to co-decision, but paragraph 3 makes clear that only
Article 64(57) the Council of Ministers, acting unanimously and with the Parliament Changed
only consulted, may adopt measures which constitute a 'step
backwards' as regards the liberalisation of the movement of capital to
or from third countries.
Restrictive Tax Measures on non-EU countries Controlled EU
Paragraphs 1 – 3 unchanged from Article 58 TEC. Paragraph 4, on
authorisation by unanimity of restrictive tax measures towards third
countries by member states, is new.
Safeguarding measures on capital movement
Unchanged from Article 59 TEC, stating that if, in exceptional
circumstances, movement of capital to or from non-EU countries
threatens to cause difficulties for the operation of economic and
monetary union, the Council of Ministers may impose safeguard
measures.
TITLE V – AREA OF FREEDOM, SECURITY AND JUSTICE
The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the
different legal systems and traditions of the Member States.
Ireland and UK Opt-out from this Title
The UK and Ireland share a common-law legal system, which is distinct in procedure from most of the Continental
countries. For this reason, they have decided to opt out of these measures, which are largely concerned with legal
procedures, until such time as they may be convinced that agreeing the sort of measures proposed under this Title
are not incompatible with their legal systems, and not unduly burdensome or troublesome for their courts. The
Articles on which we have opted-out are indicated in the same colour as this notice.
"Subject to Article 3, the United Kingdom and Ireland shall not take part in the adoption by the Council of proposed
measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. The unanimity of
the members of the Council, with the exception of the representatives of the governments of the United Kingdom
and Ireland, shall be necessary for decisions of the Council which must be adopted unanimously. "
"None of the provisions of Title V of Part Three of the Treaty on the Functioning of the European Union, no measure
adopted pursuant to that Title, no provision of any international agreement concluded by the Union pursuant to that
Title, and no decision of the Court of Justice interpreting any such provision or measure shall be binding upon or
applicable in the United Kingdom or Ireland; and no such provision, measure or decision shall in any way affect the
competences, rights and obligations of those States; and no such provision, measure or decision shall in any way
affect the Community or Union acquis nor form part of Union law as they apply to the United Kingdom or Ireland."
The Irish government may, however, decide to opt into any of the measures adopted under this Title individually.
The Irish government may terminate the opt-out from this provision only with the agreement of both Houses of the
Oireachtas.
Lisbon Lisbon Guarantees New Protects Specific
Guarantees Irish Interests
"Nothing in the Treaty of Lisbon attributing legal status to the Charter
- will be
of Fundamental Rights of the European Union, or in the provisions of
annexed to
that Treaty in the area of Freedom, Security and Justice affects in
Treaty as
any way the scope and applicability of the protection of the right to
Protocols if
life in Article 40.3.1, 40.3.2 and 40.3.3, the protection of the family
Lisbon is ratified
in Article 41 and the protection of the rights in respect of education in
by Ireland.
Articles 42 and 44.2.4 and 44.2.5 provided by the Constitution of
Ireland."
The Guarantees given in respect of Lisbon by the European Council

have relevance to this section should we ever choose to adopt it.
CHAPTER 1 – GENERAL PROVISIONS
Aims & Intentions Simpler EU
Draws on Articles 2, 6(2) and 29 TEU and Article 61 TEC. Brings Transparent EU
together the police and criminal judicial co-operation provisions of the Coherent EU
TEU and asylum, immigration and civil judicial co-operation
provisions of the TEC. Sets out the aims and intentions of cooperation
Article 67(61)* in these areas: Changed

(a) ensuring freedom, security, and justice within the EU area
(b) absence of internal border controls
(c) combating crime, racism, xenophobia, and creating a high level of
security for citizens
(d) facilitating access to justice
Setting Strategy Controlled EU
Article 68(61 A) New
European Council to define strategic guidelines.
Subsidiarity Oireachtas input
Article 69(61 B) Establishes a particular role for national parliaments in applying the New
principle of subsidiarity.
Evaluation of Policies Effective EU
Enables the Council to establish, by QMV, a mechanism for evaluation
Article 70(61 C) New
of implementation of EU policies in the area of freedom, security and
justice.
Operational Cooperation on Security Effective EU
New standing committee to strengthen operational co-operation on Oireachtas input
Article 71(61 D) New
internal security. EP and national parliaments to be kept informed of
its proceedings.
Non-prejudice of Member States' Responsibilities
Unchanged from Article 33 TEU and Article 64(1) TEC - "this Title
Article 72(61 E) shall not affect the exercise of the responsibilities incumbent on the Unchanged
Member States with regard to the maintenance of law and order and
the safeguarding of internal security".
Cooperation on National Security Effective EU
Article 73(61 F) New
Member States may organise cooperation on national security. Security
Administrative Cooperation Effective EU
Article 74(61 G) Changed
Draws on Article 66 TEC. Adds European Parliament consultation.
Anti-terrorism Administrative Measures Effective EU
Draws on Articles 60 and 301 TEC. Power to impose anti-terrorist Anti-Terrorism
Article 75(61 H) financial sanctions, with any necessary legal safeguards. QMV already Changed
applies, co-decision for framework, Council to adopt implementing
measures.
Anti-terrorism Administrative Measures Effective EU
Draws on Article 34(2) TEU. Initiatives in the fields of police and Anti-Terrorism
Article 76(61 I) criminal judicial cooperation and administrative co-operation can be Changed
proposed either by the Commission or by a quarter of the Member
States together.
CHAPTER 2 – POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION
Ideally, the EU should be a single borderless area without any internal checks on movement, and with a single
common system for movement across its external borders. Currently, there is an absence of internal checks
together with differences in national asylum and immigration policies.
Aims & Intentions Citizen Rights
Draws on Articles 62 and 18 TEC. New provision for the gradual Coherent EU
introduction, by codecision, of an integrated management system for Democratic EU
external borders. Co-decision for several types of measure. New legal
Article 77(62) New
basis to adopt, by unanimity, measures concerning passports,
identity cards, residence permits and other such documents. New
reference preventing the Article from affecting Member States’
competence for the geographical demarcation of their borders.
Common Asylum Policy Coherent EU
Draws on Articles 63(1) and (2) and 64(2) TEC, with changes
reflecting the new objective of developing a common asylum policy
rather than minimum standards. In the event of Ireland facing a
sudden influx of non-EU nationals under this policy, the Council of
Ministers may adopt provisional measures for the benefit of Ireland.
Common Immigration Policy Coherent EU
Draws on Article 63(3) and (4) TEC, with changes reflecting the new Democratic EU
objective of developing a common immigration policy. Measures on
Article 79(63a) Changed
legal migration move to codecision. This article shall not affect the
right of Ireland to determine the volumes of admission of non-EU
nationals from non-EU countries.
Fair Sharing of Burdens Coherent EU
Draws on Article 63(2)(b) TEC, but extends the principles of burden
sharing and solidarity between Member States to all EU measures
based on Chapter 2.
CHAPTER 3 – JUDICIAL CO-OPERATION IN CIVIL MATTERS
Where civil legal matters have cross-border implications, the member states will attempt to regularise the laws
dealing with these matters so that cases between EU citizens in different member states do not break down on the
differences in law between the states.
Access to Justice Coherent EU
Draws on Articles 65 and 67(5) TEC. Adds new references to mutual Citizen Rights
recognition of judgments and decisions, access to justice, alternative Oireachtas input
dispute settlement methods, and support for judicial training. Existing Controlled EU
passerelle to move aspects of family law to codecision is now subject
to a veto by any national parliament.
CHAPTER 4 – JUDICIAL CO-OPERATION IN CRIMINAL MATTERS
Judicial co-operation in criminal matters is intended to help combat crime within the EU, particularly serious crimes
with a cross-border dimension where previously conflicts of jurisdiction or law might have prevented effective action.
Aims & Intentions Coherent EU
Draws on Article 31(1) TEU. Mutual recognition, as well as Effective EU
approximation of laws, is to be the basis for criminal judicial co- Democratic EU
operation, within the limits imposed by the different legal systems of
the member states. Lists the areas in which minimum rules on
criminal procedural law may be adopted:
(a) mutual admissibility of evidence between states
(b) the rights of individuals in criminal proceedings
(c) the rights of victims of crimes
(d) any other specific aspects of criminal procedure identified in
advance and accepted unanimously by all the member states and by
the European Parliament.
The adoption of such minimum rules on criminal procedure is also
subject to a new emergency brake procedure, where any single
member state can state that any measure proposed would affect
fundamental aspects of its criminal justice system. The proposal is
then referred to the European Council for a decision.
Decision-making moves to co-decision.
Cross-border Crime Coherent EU
Draws on Article 31(1)(e) TEU. Decision-making moves to co- Effective EU
decision. Lists the areas of serious cross-border crime which may be Democratic EU
the subject of minimum rules:
(a) terrorism
(b) trafficking in human beings
(c) sexual exploitation of women and children
(d) illicit drug trafficking
(e) money laundering
(f) corruption
(g) illicit arms trafficking
(h) counterfeiting
(i) computer crime
(j) organised crime
The Council, by unanimity and with EP consent, may identify
additional areas of serious cross-border crime that might be the
subject of minimum rules. The adoption of minimum rules is subject
to a new emergency brake procedure.
Crime Prevention Measures Democratic EU
Article 84(69 C) Introduces a new legal basis (co-decision) for crime prevention New Effective EU
measures by co-decision, excluding any harmonisation of laws.
Eurojust Democratic EU
Draws on Article 31(2) TEU. Co-decision for regulations on Eurojust’s
structure, operation, field of action and tasks. Eurojust is the EU
agency that deals with cross-border judicial cooperation - a body of
lawyers, magistrates, judges and other legal experts seconded from
Article 85(69 D) Changed
Member States. Though national experts, they are expected to put
any case brought to their attention into an EU context.
Eurojust offers advice to Member States and also request information
from member states.
European Public Prosecutor Effective EU

Enables the Council, by unanimity and with EP consent, to establish a
European Public Prosecutor’s Office to investigate and prosecute
Article 86(69 E) New
crimes affecting the EU’s financial interests. The European Council, by
unanimity and with EP consent, may extend the powers and functions
of the EPP to include serious crossborder crime.
CHAPTER 5 – POLICE CO-OPERATION
Police Cooperation Controlled EU
Draws on Article 30(1) TEU. Co-decision for certain measures: Democratic EU
(a) the collection, storage, processing, analysis and exchange of Effective EU
relevant information;
(b) support for the training of staff, and cooperation on the exchange
Article 87(69 F) Changed
of staff, on equipment and on research into crime-detection;
(c) common investigative techniques in relation to the detection of
serious forms of organised crime.
but operational cooperation measures between authorities require
unanimity in the Council and EP consultation.
Europol Controlled EU
Draws on Article 30(2) TEU. New provision on Europol’s mission. Co- Democratic EU
decision for regulations on Europol’s structure, operation, field of Effective EU
Article 88(69 G) New
action and tasks. Any operational action by Europol requires
agreement of Member State concerned, and coercive measures are
reserved to national authorities.
Police Operation in another Member State
In substance the same as Article 32 TEU. States that the Council of
Ministers requires unanimity in order to define the conditions and
Article 89(69 H) Unchanged
limitations under which police authorities from one state may operate
in the territory of another, and only in liaison and in agreement with
the police authorities in that state.
TITLE VI - TRANSPORT
This Title deals with creating common rules applicable to international transport between or across Member States,
the operation of non-resident carriers, common measures to improve transport safety.
Common Transport Policy
In substance the same as Article 70 TEC, stating that the objectives
of the Treaties shall, in matters governed by this Title, be pursued
within the framework of a common transport policy.
Implementation Democratic EU
Draws on Article 71 TEC, stating the types of provisions to be laid
Article 91(71) down. Co-decision applied to paragraph 2, which requires account to Changed
be taken of whether application of these rules might seriously affect
living standards or employment in specific regions.
Non-discrimination against other member state carriers
In substance the same as Article 72 TEC, that member states will not
make changes to their national laws that discriminate against carriers
from other member states.
State Aids
In substance the same as Article 73 TEC, stating that aid is OK if it
meets the needs of transport coordination or is a reimbursement for
obligations of public transport.
Economic circumstances of Carriers
Article 94(74) In substance the same as Article 74 TEC, stating that any measures Unchanged
taken shall take account of the economic circumstances of carriers.
Non-discrimination by Carriers Democratic EU
In substance the same as Article 75 TEC, stating that carriers may
Article 95(75) not make different charges or conditions for the same carriage based Changed
on country of origin or destination, with a new requirement to consult
the EP when making regulations governing this.
Non-favouring of Undertakings
Unchanged from Article 76 TEC, stating that member states may not
give particular undertakings or industries specially favourable rates or
conditions.
Frontier dues charged by Carriers
Unchanged from Article 77 TEC, stating that charges for crossing
frontiers shall not exceed reasonable levels, and that member states
shall work to reduce these costs progressively.
Special Measures for East Germany Legal Update
In substance the same as Article 78 TEC, which allows special
measures to apply in what was East Germany - with a new power for
the Council, by QMV, to repeal this provision after 5 .
Advisory Transport Committee
Article 99(79) In substance the same as Article 79 TEC, establishing an advisory Unchanged
committee of experts designated by the member states.
Scope of Application Democratic EU
Draws on Article 80 TEC. QMV already applies, co-decision applied to
provisions on sea and air transport.
TITLE VII - COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS

This Title deals with the regulation of the common ('internal') market. It is largely unchanged by Lisbon, and the
taxation elements are the subject of a specific Guarantee by the European Council.
CHAPTER 1 - RULES ON COMPETITION
SECTION 1 - RULES APPLYING TO UNDERTAKINGS
Prohibits as incompatible with the common market all cartels, monopolies, price-fixing arrangements, and other
restrictions and distortions of fair trade, except where the benefit is to the consumer.
General Principles
Unchanged from Article 81 TEC, laying down general rules on what
constitutes prevention, restriction or distortion of trade. Prohibits as
incompatible with the common market all cartels, monopolies, price-
fixing arrangements, and other restrictions and distortions of fair
trade, except where the benefit is to the consumer.
Abuse of dominant market position
Article 102(82) Unchanged from Article 82 TEC, stating that abuse of a dominant Unchanged
market position is prohibited, and outlining particulars.
Implementation
Article 103(83) Unchanged from Article 83 TEC, stating how Articles 101 and 102 Unchanged
shall be given effect, and outlining particular aims of regulation.
National Authorities
Unchanged from Article 84 TEC, stating that in the absence of
Article 104(84) regulations as per 103, the competent national authorities shall make Unchanged
rulings in accordance with the laws of their country and Articles 101
and 102.
Enforcement Coherent EU
Paragraphs 1 and 2 are unchanged from Article 85 TEC. Paragraph 3
Article 105(85) is new - it allows the Commission to adopt regulations relating to the Changed
categories of agreement that the Council have defined as benefiting
the consumer.
Public Undertakings
In substance the same as Article 86 TEC, stating that in the case of
public undertakings or undertakings to which member states grant
special or exclusive rights, the member states will not enact or
maintain measures contrary to Articles 18 and 101-109. Public
services are subject to the rules in the Treaties as long as the
application of such rules does not obstruct the performance of the
tasks assigned to them.
SECTION 2 - AIDS GRANTED BY STATES
The State Aid provisions of the Treaties are concerned with preventing State Aid to undertakings or to particular
products which would be the equivalent of export subsidies on products exported to other Member States. There are
all kinds of exemptions, usually for poorer areas.
General Principles Legal Update
Draws on Article 87 TEC. Specific aid allowed to East Germany can be
repealed by QMV after five years. Aid allowed to areas of poor living
Article 107(87) standards or high unemployment is extended to include certain Changed
named small distant island territories (Guadeloupe, French Guiana,
Martinique, Réunion, Saint-Barthélemy, Saint-Martin, the Azores,
Madeira and the Canary Islands).
Implementation of Principles Coherent EU
Paragraphs 1 to 3 are unchanged from Article 88 TEC. Paragraph 4 is
new, and allows the Commission to adopt regulations in respect of
exempted State aid.
Regulations & Exemptions
Unchanged from Article 89 TEC, stating that the Council of Ministers
may make appropriate regulations for Articles 107 and 108 and
determine the exemptions allowed for in Article108.
CHAPTER 2 - TAX PROVISIONS
The tax provisions of the Treaties are concerned with preventing the imposition of taxes that discriminate against the
products of other member states, and which would therefore be the equivalent of customs duties or export
subsidies.
Lisbon Lisbon Guarantees Protects Specific
Guarantees Irish Interests
"Nothing in the Treaty of Lisbon makes any change of any kind, for
- will be
any Member State, to the extent or operation of the competence of
annexed to
the European Union in relation to taxation. " New
Treaty as
Protocols if
Lisbon is ratified
by Ireland.
General Principles
Unchanged from Article 90 TEC, laying down that member states
cannot impose taxes on products of other member states in excess of
that applied on similar domestic products.
No Hidden Export Subsidies
Unchanged from Article 91 TEC, stating that where products are
Article 111(91) exported to another member state, any tax repayment cannot Unchanged
exceed the taxes levied on the product. In other words, no hidden
export subsidies.
No other forms of export subsidy or import levy
Unchanged from Article 92 TEC, excluding the use of any other forms
of charges or payments on imports and exports from and to other
member states.
Indirect Taxation Coherent EU
Draws on Article 93 TEC, deals with harmonisation of indirect taxes.
by unanimity. The explicit reference to distortion of competition is
new, and the reference to the 1992 deadline is removed. The Article
has no implications for Irish Corporation Tax, which is a direct tax
and not subject to this Article at all.
CHAPTER 3 - APPROXIMATION OF LAWS
This Chapter deals with the "approximation of laws" for the internal market - which is to say making the laws in each
country more similar where they govern the common market, so that the ground rules for doing business are similar
throughout the EU.
General Principles
In substance the same as Article 95 TEC, setting out the general
principles by which the EU seeks to establish and maintain the
internal (common) market as per Article 26. Covers, in particular,
Article 114(94) cases where member states choose to maintain national provisions in Unchanged
the fields of protection of the environment or protection of the
working environment. States that proposals in the areas of health,
safety, environmental or consumer protection will take as their base
a high standard of protection and scientific facts.
Implementation
In substance the same as Article 94 TEC, stating that the Council of
Article 115(95) Ministers will, by unanimity, issue directives for the necessary Unchanged
approximation of laws as directly affect the functioning of the internal
market.
Distortions of Competition Democratic EU
Draws on Article 96 TEC, deals with distortions of competition
resulting from Member State laws, regulations, or administrative
action. QMV already applies, decision-making moves to co-decision.
Distortions caused by national laws
Unchanged from Article 97 TEC, requiring member states to consult
with the Commission before enacting legislation that might cause
distortion. If the member state ignores the recommendation of the
Commission, other member are not required to amend their
provisions to eliminate the distortion.
European Basis for Intellectual Property Rights Democratic EU
Establishes a new legal basis for EU-wide intellectual property rights. Coherent EU
Article 118(97a) New
Co-decision for measures, except regulations on language
arrangements, which require unanimity.
TITLE VIII - ECONOMIC AND MONETARY POLICY
This Title deals with the coordination of the member states' economic policies, and the euro. The intention is that the
EU member states should have co-operative rather than competitive economic policies.
Aims & Objectives Legal Update
Article 119(97b) In substance the same as Article 4 TEC, which it updates because the Changed
single currency now exists, and is not called the ecu.
CHAPTER 1 - ECONOMIC POLICY
Conduct of member states' economic policies
In substance the same as Article 98 TEC, stating that the member
states will conduct their economic policies with a view to contributing
to agreed objectives.
Co-ordination of Policy Democratic EU
Draws on Article 99 TEC. New power for Commission to issue a Coherent EU
Article 121(99) warning to Member States, and the Member State concerned is New
excluded from voting. Paragraph 6 (oversight measures) QMV
already applies, decision-making moves to co-decision.
Special Measures and EU Aid to Member States Coherent EU
Article 122(100) Draws on Article 100 TEC. The references to solidarity and energy Changed Energy Policy
are new.
EU not allowed an overdraft or other debt facilities.
Article 123(101) In substance the same as Article 101 TEC, but now includes a Unchanged
reference to agencies
EU not allowed privileged access to finaicial institutions
Article 124(102) In substance the same as Article 102 TEC, but now includes a Unchanged
reference to agencies. Outdated paragraph 2 is deleted.
Nobody to take on anyone else's debt Democratic EU
Draws on Article 103 TEC, prevents any member state or the Eu from Controlled EU
assuming the debt obligations of any other. Paragraph 2, which
allows the Council to define the applications of this prohibition and
the two preceding ones (123 and 124), replaces the cooperation
procedure with consultation with the EP.
Excessive Deficit Procedures Controlled EU
Draws on Article 104 TEC. Main new elements in the excessive deficit
Article 126(104) procedure are – - the Commission opinion is to be issued to the Changed
Member State concerned and the Council is to be informed -
paragraph 13 change to majority required for decision-making.
CHAPTER 2 - MONETARY POLICY
This Chapter deals with EU monetary policy through the European Central Bank (ECB) and the European System of
Central Banks (ESCB). The main aim of EU monetary policy is inflation control.
Aims & Objectives Democratic EU
Draws on Article 105 TEC. Paragraph 6, which allows the Council of
Article 127(105) Ministers to confer supervisory powers over financial institutions, Changed
replaces EP assent (EP can't block) with consultation with the EP (EP
can block).
Issue of Euro Coins & Notes Democratic EU
Draws on Article 106 TEC. Paragraph 2, for Council measures
harmonising the specifications of coins, replaces the cooperation
procedure with consultation with the EP.
Governance of the ECB and ESCB Democratic EU
Draws on Article 107 TEC. Paragraphs 1 and 2 of Article 107 TEC are
deleted, and(renumbered) paragraph 3 QMV already applies,
decision-making moves to co-decision.
Independence of Central Banks Legal Clarification
In substance the same as Article 108 TEC. The references to offices
and agencies are new, and add them to the list of bodies that the
central banks are to ignore.
National Legislation
In substance the same as Article 109 TEC, stating that member
states will ensure their national statutes are compatible with the ECB
and ESCB statutes.
Actions of the ECB Legal Clarification
In substance the same as Article 110(1) TEC. Article 110(2) is
deleted - this dealt with the applicability of the regulations, decisions,
recommendations and opinions of the ECB.
Measures necessary for the use of the euro Democratic EU
Article
Co-decision for measures necessary for use of the euro as the single New
133(111a)
currency.
CHAPTER 3 - INSTITUTIONAL PROVISIONS
Largely deals with the role and tasks of the Economic and Financial Committee, which assists in the co-ordination of
member state monetary policies.
Economic and Financial Committee Legal Update
Draws on Article 114 TEC, establishing a committee promote
Article 134(114) coordination of member state policies. Updated to reflect the Changed
Economic and Financial Committee having replaced the Monetary
Committee.
Requests to the Commission
In substance the same as Article 115 TEC, requiring the Commission
Article 135(115) to make a recommendation or proposal when requested by the Unchanged
Council of Ministers or a member state under various applicable
Articles.
CHAPTER 4 - PROVISIONS SPECIFIC TO MEMBER STATES WHOSE CURRENCY IS THE EURO
Specific Policy Measures for Euro countries Coherent EU
Article 136(115 Power to adopt measures by QMV on budgetary discipline and
New
A) economic policy guidelines for Member States whose currency is the
euro.
Article 137(115 Euro Group Meetings Coherent EU
New
B) Meetings of Euro Group ministers.
The Euro in the International Monetary System Coherent EU
Article 138(115
Draws on Article 111(4) TEC. Develops arrangements for Changed
C)
international representation.
CHAPTER 5 - TRANSITIONAL PROVISIONS
Deals with the provisions for member states which have not fulfilled the necessary conditions for adoption of the
euro. These are referred to as "transitional provisions" because in theory every member state will eventually adopt
the euro. Hence member states that don't adopt the euro are referred to as having a derogation (a temporary opt-
out lasting as long as it needs to...).
Non-euro member states Flexible EU
Article
Draws on Article 122 TEC. Sets out position of “Member States with a Changed
139(116a)
derogation”. States the articles which don't apply to them.
Review of Euro progress by non-euro states Flexible EU
Draws on Articles 121, 122(2) and 123(5) TEC. Sets out procedure
Article for a member state to join the euro. The provision in paragraph 2
Changed
140(117a) stating that the Council can allow states to join the euro on the
recommendation of a qualified majority of Member States whose
currency is the euro is new.
Policy in respect of non-euro member states Legal Update
Article
Draws on and updates Articles 123(3) and 117(2) TEC. Removes Changed
141(118a)
timeline references and references to European Monetary System.
Exchange-rate policy Legal Update
Article Draws on and updates Article 124(1) TEC, making exchange-rate
Changed
142(118b) policy of non-euro states a matter of common interest. Removes
timeline references and references to European Monetary System.
Financial difficulties in non-euro member states Legal Update
Draws on and updates Article 119 TEC, outlining provisions for
assisting non-euro member states. Removes timeline references and
references to European Monetary System.
Financial difficulties in non-euro member states Legal Update
Draws on and updates Article 120 TEC, outlining acceptable actions
by non-euro member states in financial difficulties. Removes timeline
references and references to European Monetary System.
TITLE IX - EMPLOYMENT
Deals with the co-ordination of employment policies. Virtually unchanged.
Aims & Objectives
Article 145(125) states and the EU shall work towards developing a coordinated Unchanged
strategy for employment with a view to achieving the goals set out in
Article 3 TEU.
Coordination of policy
Article 146(126) Unchanged from Article 126 TEC, stating that member states shall Unchanged
coordinate policies.
Role of the EU
Unchanged from Article 127 TEC, stating that the role of the EU is to
encourage cooperation and support the member states, and that a
goal of high employment shall be taken into account in EU policy.
Annual Guidelines & Reports
In substance the same as Article 128 TEC, stating that annual
guidelines shall be drawn up by the Council of Ministers based on
European Council conclusions and a proposal from the Commission.
Adoption of incentive measures
In substance the same as Article 129 TEC, stating that incentive
measures can be adopted by co-decision, as long as these do not
entail approximation of laws.
Establishment of Employment Committee Legal Clarification
In substance the same as Article 130 TEC, establishing an advisory
Employment Committee. The first paragraph makes explicit that
voting is by simple majority, in line with Article 130.
TITLE X - SOCIAL POLICY 13
Aims & Objectives
Unchanged from Article 136 TEC, setting out the aims and objectives
of European social policy: the promotion of employment, improved
Article 151(136) living and working conditions, proper social protection, dialogue Unchanged
between management and labour, the development of human
resources with a view to lasting high employment and the combating
of exclusion.
Role of Social Partners Better Irish input
Article
Recognises role of social partners and Tripartite Social Summit for New
152(136a)
Growth and Employment.
Role of the EU in Social Legislation Legal Change
Draws on Article 137 TEC. References to Article 155 decisions in
Article 153(137) paragraph 3 are new, and allow a member state to entrust the Changed
implementation of directives under Article 155 to management and
labour jointly, at their request..
Role of Management and Labour
EU-level Management-Labour agreements Democratic EU
Draws on Article 139 TEC. EP to be informed under paragraph 2.
EU Facilitation & Support of Co-ordination of Social Policy Democratic EU
Draws on Article 140 TEC. Additional Commission activities are
included in the second sub-paragraph, and the duty to inform the EP
is new.
Gender Equality
Equivalence between Paid Holiday Schemes
Progress Reports Legal Clarification
Unchanged from Article 143 TEC, first paragraph. The second
Article 159(143) paragraph, which suggested the Parliament might invite the Changed
Commission to draw up reports on particular problems, is deleted,
but exists in any case in Article 161.
Social Protection Committee Legal Clarification
Article 160(144) In substance the same as Article 144 TEC. The first paragraph makes Changed
explicit that voting is by simple majority, in line with Article 144.
Report on Social Developments
Unchanged from Article 145 TEC, stating that the Commission must
include a separate chapter on social developments in its annual
report to the Parliament.
TITLE XI - THE EUROPEAN SOCIAL FUND
The ESF exists to improve employment opportunities, mostly through vocational training.
Aims & Objectives
Article 162(146) Unchanged from Article 146 TEC, establishing the fnd and outlining Unchanged
its purpose.
Administration of the Fund
Unchanged from Article 147 TEC, stating that the fund is to be
Article 163(147) administered by the Commission, assisted by a committee composed Unchanged
of representatives of governments, trade unions and employers'
organisations.
Implementation
Article 164(148) In substance the same as Article 148 TEC, stating that the Parliament Unchanged
and Council of Ministers shall make regulations by codecision.
TITLE XII - EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
The Union shall contribute to the development of quality education by encouraging cooperation between Member
States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of
the Member States for the content of teaching and the organisation of education systems and their cultural and
linguistic diversity. In other words, anything the EU does in these fields is in addition to, or in support of, what the
member states themselves are doing.
Aims & Intentions Effective EU
Draws on Article 149 TEC. New provisions on sport and on
Article 165(149) New
encouraging youth to participate in democratic life. Measures to be
adopted by co-decision.
Vocational Training Effective EU
Paragraphs 1 to 3 unchanged from Article 150(1) to (3) TEC. The
Article 166(150) provision to allow the Council of Ministers to "adopt Changed
recommendations" (ie to agree that they're a good idea) in
paragraph 4 is new.
TITLE XIII - CULTURE
The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and
regional diversity and at the same time bringing the common cultural heritage to the fore. Again, anything the EU
does in these fields is in addition to, or in support of, what the member states themselves are doing.
Promotion of Culture Removal of veto
Paragraphs 1 to 4 unchanged from Article 151(1) to (4) TEC. Co-
decision already applies under paragraph 5 but decision-making
moves from unanimity to QMV.
TITLE XIV - PUBLIC HEALTH
A high level of human health protection shall be ensured in the definition and implementation of all Union policies
and activities.
Public Health Effective EU
Draws on Article 152 TEC. Extends the scope and focus of EU
activities:
(a) includes mental illnesses
(b) monitoring, early warning of and combating serious cross-border
threats to health
(c) encourage cooperation between the Member States to improve
the complementarity of their health services in cross-border areas
but includes a stronger reference to Member States’ responsibility for

definition of their health policies and management of health services
("The responsibilities of the Member States shall include the
management of health services and medical care and the allocation
of the resources assigned to them.").
TITLE XV - CONSUMER PROTECTION
In order to promote the interests of consumers and to ensure a high level of consumer protection, the Union shall
contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right
to information, education and to organise themselves in order to safeguard their interests. No changes here.
Consumer Protection
In substance the same as Article 153(1) and (3) to (5) TEC.
TITLE XVI - TRANS-EUROPEAN NETWORKS
The EU shall contribute to the establishment and development of trans-European networks in the areas of transport,
telecommunications and energy infrastructures. No changes here.
Aims & Objectives
Article 170(154) Unchanged from Article 154 TEC, setting out the aims and objectives Unchanged
of the EU in respect of trans-European networks.
Detailed Objectives
Article 171(155) Unchanged from Article 155 TEC, stating the detailed objectives of Unchanged
policy.
Implementation
In substance the same as Article 156 TEC, stating that measures will
Article 172(156) be adopted by codecision. Where guidelines or projects of common Unchanged
interest relate to the territory of a member state the approval of the
member state is required.
TITLE XVII - INDUSTRY
The EU and the Member States shall ensure that the conditions necessary for the competitiveness of the EU's
industry exist.
Aims & Objectives Effective EU
Draws on Article 157 TEC. Paragraph 2 provides more detail on Democratic EU
Article 173(157) initiatives and requires that the EP be kept informed. Paragraph 3 Changed Controlled EU
explicitly excludes harmonization of Member State laws and
regulations as part of the pursuit of these objectives.
TITLE XVIII - ECONOMIC, SOCIAL AND TERRITORIAL COHESION
In order to promote its overall harmonious development, the EU shall develop and pursue its actions leading to the
strengthening of its economic, social and territorial cohesion. In particular, the EU shall aim at reducing disparities
between the levels of development of the various regions and the backwardness of the least favoured regions.
Draws on Article 158 TEC. First paragraph includes a new reference
to “territorial” cohesion. Third paragraph extends the range of least
favoured regions from rural and island areas to "rural areas, areas
affected by industrial transition, and regions which suffer from severe
and permanent natural or demographic handicaps such as the
northernmost regions with very low population density and island,
cross-border and mountain regions".
Achievement of Objectives Effective EU
Article 175(159) In substance the same as Article 159 TEC, except that the second Changed
paragraph includes a reference to "territorial" cohesion.
European Regional Development Fund
Structural Funds Democratic EU
Article 177(161) Draws on Article 161 TEC. QMV already applies, measures to be Changed
adopted by codecision.
European Regional Development Fund
TITLE XIX - RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
The Union shall have the objective of strengthening its scientific and technological bases by achieving a European
research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to
become more competitive, including in its industry, while promoting all the research activities deemed necessary by
virtue of other Chapters of the Treaties. Activities undertaken in these fields are complementary to those undertaken
by the member states.
Article 179(163) Draws on Article 163 TEC. New references to a European research New
area and cooperation among researchers.
Achievement of Objectives
Policy Co-ordination Democratic EU
Draws on Article 165 TEC. Paragraph 2 elaborates on initiatives of Coherent EU
interest ("in particular initiatives aiming at the establishment of
Article 181(165) guidelines and indicators, the organisation of exchange of best Changed
practice, and the preparation of the necessary elements for periodic
monitoring and evaluation") and requires that the EP be kept fully
informed.
Framework Programmes Effective EU
Paragraphs 1 to 4 in substance the same as Article 166 TEC. New Democratic EU
paragraph 5 enables adoption of measures by co-decision to
implement the European research area.
Rules on Participation & Dissemination of Results
Unchanged from Article 167 TEC, stating that the EU lays down the
rules for participation in the framework programmes, and the rules
governing the dissemination of results.
Supplementary Programmes
Member State Programmes
Cooperation with non-EU countries
Joint Undertakings
Implementation
European Space Policy Effective EU
Article 189(172 Establishes a specific legal basis for developing a European space
New
bis) policy. Measures, excluding harmonisation, to be adopted by co-
decision.
Annual Reports
TITLE XX - ENVIRONMENT
EU policy on the environment shall contribute to pursuit of the following objectives: preserving, protecting and
improving the quality of the environment, protecting human health, prudent and rational utilisation of natural
resources, promoting measures at international level to deal with regional or worldwide environmental problems, and
- newly added - in particular combating climate change. The EU establishes minimum levels of environmental
protection - member states are free to go beyond those minimum levels.
Article 191(174) In substance the same as Article 174 TEC, with an added focus on Changed Climate Change
combating climate change.
Achievement of Objectives
Member States may set more stringent measures
states may set more stringent measures above those agreed at the
European level.
TITLE XXI - ENERGY
This is a new Title, and deals with establishment and co-ordination of a common European energy policy in the
same way as the other Titles deal with the establishment and co-ordination of other common European policies. The
policy is to be established "in a spirit of solidarity", which means that it is primarily aimed at presenting a united
front in dealing with external suppliers like Russia, as well as encouraging member states to have due regard for
each others' energy needs. It is to have due regard for the environment.
Establishes a specific legal basis for energy policy, gives the aims and Effective EU
objectives of energy policy: Controlled EU
(a) ensure the functioning of the energy market; Democratic EU
(b) ensure security of energy supply in the EU; Protects specific
(c) promote energy efficiency and energy saving and the Irish interests
development of new and renewable forms of energy;
(d) promote the interconnection of energy networks.
Article 194(176 Paragraph 2 makes explicit that this will not affect a Member State's
New
A) rights in specified areas:
(a) the conditions for exploiting its energy resources (so no impact
on Irish oil and gas licensing);
(b) its choice between different energy sources (so Ireland cannot be
forced to use nuclear energy)
(c) the general structure of its energy supply
Measures to be adopted by co-decision, but measures primarily of a
fiscal nature are subject to unanimity and consultation with the EP.
TITLE XXII - TOURISM
New Title. The EU shall complement the action of the Member States in the tourism sector, in particular by
promoting the competitiveness of Union undertakings in that sector. Action by the EU here is complementary to
action by the member states.
Establishes a specific legal basis for tourism measures, Democratic EU
complementing action by the Member States, and with the following Controlled EU
aims:
Article 195(176 (a) encouraging the creation of a favourable environment for the
New
B) development of undertakings in this sector;
(b) promoting cooperation between the Member States, particularly
by the exchange of good practice.
Harmonisation of legislation is excluded. Measures to be adopted by
co-decision.
TITLE XXIII - CIVIL PROTECTION
New Title. The EU shall encourage cooperation between Member States in order to improve the effectiveness of
systems for preventing and protecting against natural or man-made disasters.
Establishes a specific legal basis for civil protection, with the following Democratic EU
aims: Controlled EU
(a) support and complement Member States' action at national,
regional and local level in risk prevention, in preparing their civil-
Article 196(176 protection personnel and in responding to natural or man-made
New
C) disasters within the Union;
(b) promote swift, effective operational cooperation within the Union
between national civil-protection services;
(c) promote consistency in international civil-protection work.
Harmonisation of legislation is excluded. Measures to be adopted by
co-decision.
TITLE XXIV - ADMINISTRATIVE CO-OPERATION
New Title. Effective implementation of EU law by the Member States, which is essential for the proper functioning of
the Union, shall be regarded as a matter of common interest. The EU shall offer support for the member states in
improving their administrative capacity to implement EU law, particularly through training and exchanges. No
member state is obliged to avail of the support.
Establishes a specific legal basis for measures to support Member Democratic EU
Article 197(176
States in implementing EU law. Member States are not obliged to New Controlled EU
D)
avail themselves of this support. Harmonisation of legislation is
excluded. Measures to be adopted by codecision.
PART FOUR - ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Allows for the association of some member states' non-European territories with the EU.
Article 198(182) Unchanged from Article 182 TEC. Unchanged
Article 199(183) In substance the same as Article 183 TEC. Unchanged
Article 201(185) Unchanged from Article 185 TEC. Unchanged
Draws on Article 186 TEC. Implementation procedure aligned with Legal Change
(renumbered) Article 203 below.
Draws on Article 187 TEC. Adds requirements for Commission Democratic EU
proposal and consultation with the EP.
PART FIVE - EXTERNAL ACTION BY THE UNION
TITLE I - GENERAL PROVISIONS ON THE UNION’S EXTERNAL ACTION
Deals with the aims, objectives, and methods of EU external action.
Aligns with Chapter 1, Title V TEU - states that "the Union's action on Values-based EU
the international scene, pursuant to this Part, shall be guided by the Effective EU
Article 205(188 principles, pursue the objectives and be conducted in accordance with
New
A) the general provisions laid down in Chapter 1 of Title V of the Treaty
on European Union." Chapter 1 of Title V of the TEU is Articles 21 and
22 of that Treaty.
TITLE II - COMMON COMMERCIAL POLICY
The common commercial policy is one of the main pillars of the European Union's relations with the rest of the world.
It is an area of exclusive Community responsibility. The common commercial policy implies uniform conduct of trade
relations with third countries, in particular by means of a common customs tariff and common import and export
regimes.
The Community supports the abolition of trade restrictions and customs barriers. To defend the Community market,
it has at its disposal tools such as antidumping and anti-subsidy measures, the Trade Barriers Regulation and
safeguard measures.
The Commission negotiates and concludes international agreements on behalf of the Community at the bilateral and
multilateral levels. It plays an active part in the World Trade Organisation.
The European Union supports harmonious, liberalised trade serving the interests of all the international players, and
especially the most disadvantaged countries. In this spirit, general and specific preferences for such countries are a
major aspect of the common commercial policy.
Draws on first paragraph of Article 131 TEC, which makes an aim of Self-interest
the "harmonious development of world Trade, the progressive
abolition of restrictions on international trade and the lowering of
Article 206(188 customs barriers." Introduces a new objective of progressive
Changed
B) abolition of restrictions on foreign direct investment, and adds a
reference to “other barriers”. The second paragraph of Article 131,
which dealt with the abolition of customs duties between member
states, is deleted.
Draws on Article 133 TEC. New procedural elements include co- Democratic EU
decision for measures defining framework of the common commercial Removal of veto
Article 207(188
policy, and duty to inform the EP of progress of international New
C)
negotiations. Limited extension of QMV applicable to negotiation and
conclusion of international agreements.
TITLE III - COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID
EU policy in the field of development cooperation shall be conducted within the framework of the principles and
objectives of the EU's external action. The EU's development cooperation policy and that of the Member States
complement and reinforce each other. The main aim of EU development policy is the reduction and eventual
eradication of poverty, and this aim must be considered in fromation of any other policy that may affect developing
countries.
CHAPTER 1 - DEVELOPMENT COOPERATION
Article 208(188 Draws on Articles 177(1) , 177(3) and 178 TEC. Paragraph 1 places
Changed
D) greater emphasis on the new 'primary objective' of poverty reduction
and eradication.
Article 209(188 Democratic EU
Draws on Articles 179 and 181 TEC. Brings EP in through codecision. Changed
E)
Article 210(188
In substance the same as Article 180 TEC. Unchanged
F)
Article 211(188
Unchanged from first sentence of Article 181 TEC. Unchanged
G)
CHAPTER 2 - ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
Draws on Article 181a TEC. Paragraph 1 places emphasis on financial Democratic EU
Article 212(188
assistance, and makes explicit that this activity extends to non- Changed
H)
developing countries. Paragraph 2 decision-making moves to co-
decision.
Urgent Financial Assistance to non-EU countries Effective EU
Article 213(188
Establishes a specific legal basis for urgent financial assistance; New Values-based EU
I)
decision-making in the Council by QMV.
CHAPTER 3 - HUMANITARIAN AID
The Union's operations in the field of humanitarian aid shall be intended to provide ad hoc assistance and relief and
protection for people in third countries who are victims of natural or man-made disasters, in order to meet the
humanitarian needs resulting from these different situations.
Establishes a specific legal basis for humanitarian aid operations and Values-based EU
Article 214(188
to set up a European Voluntary Humanitarian Aid Corps. Measures to New Democratic EU
J)
be adopted by co-decision. Effective EU
TITLE IV - RESTRICTIVE MEASURES
Deals with trade embargoes and other breaking-off of relations with non-Eu countries.
Draws on Articles 60 and 301 TEC. New procedural elements are the Effective EU
Article 215(188
participation of the High Representative and the duty to inform the New
K)
EP. Measures must include necessary legal safeguards.
TITLE V - INTERNATIONAL AGREEMENTS
Sets out the ability of the EU to conclude international agreements, which was previously held by the EC. The
Council of Ministers authorise the opening of negotiations, adopt negotiating directives, authorise the signing of
agreements and conclude them.
Circumstances in which the EU may conclude agreements Controlled EU
Article 216(188
Describes the circumstances in which the EU may conclude New
L)
international agreements. Paragraph 2 reflects Article 300(7) TEC.
Article 217(188
In substance the same as Article 310 TEC. Unchanged
M)
Procedural Rules Legal Change
Draws on Article 300 TEC and Articles 24 and 38 TEU, setting down Controlled EU
Article 218(188
the procedural rules to be followed, but reorganises, amends and Changed Values-based EU
N)
supplements them. A special procedure is included regarding EU
accession to the European Convention on Human Rights.
Exchange-rate Agreements Legal Update
Article 219(188
Draws on Article 111 TEC, deals with exchange rate agreements and Changed
O)
the ECB. Updates references to ecu and the EMS.
TITLE VI - THE UNION’S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES
AND THE UNION DELEGATIONS
The EU shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised
agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for
Economic Cooperation and Development. The EU shall also maintain such relations as are appropriate with other
international organisations.
Article 220(188 Draws on Articles 302 to 304 TEC. The High Representative is to Coherent EU
Changed
P) implement cooperation with international organisations. Effective EU
European Commission delegations in third countries and at Coherent EU
international organisations are now to represent the EU, and to Effective EU
Article 221(188
represent the EU position where there is such an agreed position. New
Q)
This does not replace the embassies and representations of the
member states.
TITLE VII - SOLIDARITY CLAUSE
This Title introduces a 'solidarity clause' - the EU and its Member States shall act jointly in a spirit of solidarity if a
Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. This clause is the
subject of specific legal guarantees about its implications. It is also the subject of Declaration 37 on Article 222 of
the Treaty on the Functioning of the European Union, which adds that none of the provisions of Article 222 is
intended to affect the right of another member state to choose the most appropriate means to comply with its own
solidarity obligation towards that member state.
Lisbon Lisbon Guarantees Safeguards
Guarantees The Treaty of Lisbon does not affect or prejudice Ireland's traditional specific Irish
- will be policy of military neutrality. It will be for Member States - including interests
annexed to Ireland, acting in a spirit of solidarity and without prejudice to its
New
Treaty as traditional policy of military neutrality - to determine the nature of
Protocols if aid or assistance to be provided to a Member State which is the
Lisbon is ratified object of a terrorist attack or the victim of armed aggression on its
by Ireland. territory.
Solidarity Clause Coherent EU
Article 222(188 Establishes a legal basis for assisting a Member State that suffers a Effective EU
New
R) terrorist attack or a disaster. Decision-making is normally by QMV,
but decisions with defence implications are subject to unanimity.
PART SIX - INSTITUTIONAL AND BUDGETARY PROVISIONS
TITLE I – INSTITUTIONAL PROVISIONS
This Title deals the details of the EU institutions - their composition and rules.
CHAPTER 1 - THE INSTITUTIONS
SECTION 1 - THE EUROPEAN PARLIAMENT
The European Parliament is the directly elected institution of the EU. Unlike a national parliament, it is not elected in
order to form a government, but as a 'watchdog' body for the citizens as opposed to the national governments (who
are represented on the Council of Ministers and the European Council) and the EU itself (which is represented by the
Commission). As a citizen watchdog, it does not initiate legislation, but amends or rejects it. It also has the power to
reject the EU's budget, to accept or reject proposed Commissioners, and to fire the Commission en masse through a
motion of censure (the Santer Commission in 1999 resigned rather than be fired).
Lisbon dramatically increases the watchdog powers of the European Parliament over the EU. There are no provisions
in the Treaty which reduce its powers.
Rules of Procedure for Members & Elections
In substance the same as Article 190(4) and (5) TEC.
Rules of Procedure for European Political Parties
In substance the same as Article 191, second paragraph, TEC.
Right of Parliament to request a legislative proposal Democratic EU
Draws on Article 192 TEC, which enables the Parliament to request
Article 225(192) the Commission to make a legislative proposal where it considers Changed
that EU legislation is necessary. Adds that if the Commission does not
submit a proposal, it must inform the EP of its reasons.
Parliamentary Committees of Inquiry Democratic EU
Draws on Article 193 TEC, which deals with the Parliament's power to
investigate alleged contraventions or maladministration in the
implementation of Union law. New power for EP to adopt regulations
on the exercise of the right of inquiry, with Council and Commission
consent.
Right of Citizens to petition Parliament
European Ombudsman Democratic EU
Draws on Article 195 TEC. Ombudsman is to be elected (rather than
appointed) by the EP and his/her remit is extended to EU offices and
agencies.
Sessions of Parliament
Right of other Institutions to be heard by Parliament Democratic EU
Article 230(197) Draws on Article 197 TEC. Extended to incorporate the European Changed
Council.
Majorities & Quorums
Adoption of Rules of Procedure
Annual General Report
Unchanged from Article 200 TEC
Motion of Censure Democratic EU
Draws on Article 201 TEC, dealing with the power of the Parliament
Article 234(201) to force the Commission to resign. Makes special provision in relation Changed
to the High Representative, who has to resign as well, but continues
to carry out duties until replaced in accordance with Article 17 TEU.
SECTION 2 – THE EUROPEAN COUNCIL
The European Council is a council of the heads of government of all the member states. It acts as a Board of
Governors for the EU, defining the general direction of the EU - "The European Council...shall provide the Union with
the necessary impetus for its development". Lisbon for the first time incorporates the European Council formally into
the EU framework. The Presidency of the European Council, which currently rotates on a six-month basis between
countries, would be settled for a term of 2.5 years with a possible extension to 5 years.
Article Voting Rules Institutional
New
235(201a) Sets out voting and rules of procedure in the European Council. Reform
Composition of the Council of Ministers Institutional
Article
Provides for the European Council, by QMV, to establish Council New Reform
236(201b)
configurations and their Presidency.
SECTION 3 – THE COUNCIL
The Council of the European Union, known informally as the Council of Ministers, is the EU's main decision-making
body, which meets regularly. Which ministers attend which meeting depends on what subjects are on the agenda. If,
for example, the Council is to discuss environmental issues, the meeting will be attended by the Environment
Minister from each EU country and it will be known as the ‘Environment Council’. The Council meets in nine different
configurations:
● General Affairs and External Relations (GAERC) - primarily, Foreign Affairs Ministers, but Ministers
responsible for European Affairs, Defence, Development or Trade also participate depending on the items on
agenda. Under 'General Affairs', this Council deals with issues such as EU enlargement, multi-annual budget
framework, institutional and administrative issues, and anything not fitting anywhere else. Under 'External
Relations', deals with the whole area of EU external action: agreed common foreign policy positions, foreign
trade, foreign aid, and development cooperation. Meets monthly.
● Economic and Financial Affairs (Ecofin) - economics and finance Ministers. Deals with economic policy
coordination, economic surveillance, monitoring of Member States' budgetary policy and public finances, the
euro (legal, practical and international aspects), financial markets and capital movements and economic
relations with third countries. It also prepares and adopts every year, together with the European
Parliament, the budget of the European Union which is about €100 bn (a bit less than twice the size of
Ireland's government budget, which was €57bn in 2008). Meets monthly.
● Agriculture & Fisheries - ministers for agriculture and fisheries, and the commissioners responsible for
agriculture, fisheries, food safety, veterinary questions and public health matters. Meets monthly.
● Justice and Home Affairs Council (JHA): This configuration brings together Justice ministers and Interior
Ministers of the Member States. Includes civil protection.
● Employment, Social Policy, Health and Consumer Affairs Council (EPSCO): Composed of employment, social
protection, consumer protection, health and equal opportunities ministers.
● Competitiveness: Created in June 2002 through the merging of three previous configurations (Internal
Market, Industry and Research). Depending on the items on the agenda, this configuration is composed of
ministers responsible for areas such as European affairs, industry, tourism and scientific research.
● Transport, Telecommunications and Energy: Created in June 2002, through the merging of three policies
under one configuration, and with a composition varying according to the specific items on its agenda. This
configuration meets approximately once every two months.
● Environment: Composed of environment ministers, who meet about four times a year.
● Education, Youth and Culture (EYC): Composed of education, culture, youth and communications ministers,
who meet around three or four times a year. Includes audiovisual issues.
The Committee of Permanent Representatives (COREPER) is responsible for preparing the Council meetings at
ministerial level. Chaired by the Presidency of the Council, it oversees and coordinates the work of some 250
committees and working parties made up of officials from each Member State who work on issues at the technical
level to be discussed later to the extent necessary by COREPER and the Council. There are two levels of this
committee:
● one dealing with issues covered by the Economic and Finance Council (ECOFIN), the Justice and Home
Affairs (JHA) Council and the General Affairs and External Relations Council (GAERC). Ireland is represented
on this Committee (COREPER II) by Ambassador Rory Montgomery. Meets weekly.
● one dealing with a wide range of specialist sectoral issues and preparing for Council of Ministers meetings in
many area including Competitiveness, Environment, Social Affairs, Telecoms, Energy, Agriculture and
Fisheries. Ireland is represented on this committee (COREPER I) by Ambassador Geraldine Byrne Nason.
The Council is assisted by a General Secretariat, and more detailed rules are laid down in the Council’s Rules of
Procedure.
Meetings of the Council
Voting Arrangements Voting Change
Draws on Article 205 TEC. Provides for different QMV thresholds
Article 238(205) where the Council is not acting on a proposal from the Commission or Changed
High Representative. Sets out procedure for cases in which not all
Member States participate in voting.
Proxy Voting
Article 239(206) Unchanged from Article 206 TEC. One member state's Minister can Unchanged
represent only one other member state.
COREPER & Secretariat Controlled EU
Draws on Article 207 TEC, which deals with the bodies that assist the
Article 240(207) Council. Drops the Nice provision that the High Representative for Changed
External Affairs is also the Secretary-General of the Council (an
influential position).
Right of Parliament to request a legislative proposal Controlled EU
Draws on Article 208 TEC, which enables the Council to request the
Commission to make a legislative proposal where it considers that EU
legislation is necessary. Adds that if the Commission does not submit
a proposal requested by the Council, it must inform the Council of the
reasons.
Rules governing Committees
Salaries Legal Update
Draws on Article 210 TEC, stating whose salaries the Council of
Ministers sets. Extends application to President of the European
Council, High Representative, and Secretary-General of the Council.
SECTION 4 – THE COMMISSION
The European Commission is one of the best-known institutions of the EU. Many people, indeed, think of it as the
'government' of the EU, whereas it is only one element in the way the EU is run. While only the Commission has the
power to initiate legislation, it doesn't pass it - legislation can only be passed by the Council of Ministers and the
European Parliament. The Commission doesn't set the direction or goals of the EU, either - that is the job of the
European Council (heads of governments). Nor does it draw up all the EU's legislation by itself.
The Commission has a civil service of 38,000 - far too small to draw up European legislation even if it did nothing
else. Instead, EU legislation is drawn up by the civil services of the member states, passed around, and eventually
OK'd by the Commission. Again, during that process, public consultation may take place, through the use of a
Commission Green Paper, requests for submissions, and contact with relevant corporate bodies.
The reason the Commission has the sole right of legislative initiative is to check that European legislation is European
- that it doesn't favour some countries at the expense of others, and that it is not legislation that could be better
done nationally. Since 'European' legislation is actually drawn up by the national civil services, it is not strictly
necessary for the Commission itself to contain a Commissioner from every member state in order to ensure balance,
but the presence of an "Irish" Commissioner certainly gives a degree more legitimacy to the outcome.
While the Commission initiates all legislation with respect to the EC (essentially, the Common Market), it cannot
simply pass it into law. The Council of Ministers and the European Parliament must give their assent to the
legislation, and have the power also to amend the proposed legislation before accepting or rejecting it. The
Commission has no right of legislative initiative in respect of Justice and Home Affairs, and a shared right (with the
Council) of initiative over CSFP.
Essentially, the Commission's role in EU legislation is to act as a central filter, to ensure that legislation is balanced
and necessary at the European level, and simultaneously to give it a coherent and uniform legal basis. It is not the
captain of the ship, but the pilot - responsible for the day to day steering, but not in charge of the EU or where it
goes.
Lisbon Lisbon Guarantees Safeguards
Guarantees The Treaty of Lisbon contains an Article (Article 244) setting out a specific Irish
- Decision of the system of rotation for the Commission (something which was agreed interests.
European in principle in the Treaty of Nice), whereby the Commission would
Council have consisted of Commissioners from only two-thirds of the member
states at any one time. That Article also allows for the numbers to be
changed by unanimous agreement of the European Council, which
allows the keeping of the full Commission if agreed.
Following the initial rejection of the Treaty by the Irish electorate, the
European Council has agreed to retain the current system of one
Commissioner from each country if Lisbon is ratified.
If Lisbon is not ratified, the Commission will almost certainly be
reduced to two-thirds, since a reduction of the Commission was
already contained in the Treaty of Nice, but without the option of
keeping the full Commission.
Composition of the Commission Safeguards
Sets out the basis for a system of rotation of Commissioners to be specific Irish
Article
established by the European Council by unanimity. The rotation New interests.
244(211a)
system has been superseded by the European Council Decision to
retain the full Commission.
Duties & Responsibilities of Commissioners Controlled EU
Draws on Article 213(2) TEC. States that Commissioners are to be
independent of the member states. States their duty of integrity both
during and after tenure, and that the Court of Justice may rule that
they be compulsorily retired (if in office) or deprived of their pensions
(if no longer in office) if found to be in breach of this duty.
Filling of Vacancies Legal Update
Draws on Article 215 TEC. Gives Commission President and EP a role
in filling vacancies and makes provision relating to the High
Representative. Outlines procedure in case all Commissioners resign.
Compulsory Retirement
Article 247(216) In substance the same as Article 216 TEC. Provides the power to Unchanged
dismiss a Commissioner as per Article 245.
Allocation of Portfolios Legal Update
In substance the same as Article 217(2) TEC, but with cross-
Article 248(217) reference to TEU for role of High Representative. The portfolios are Changed
assigned by the Commission President, and can be reshuffled during
the Commission term.
Commission Rules of Procedure Legal Update
Article 249(218) Paragraph 1 draws on Article 218(2) TEC. Paragraph 2 unchanged Changed
from Article 212 TEC.
Voting
Article 250(219) In substance the same as Article 219 TEC. The Commission votes by Unchanged
simple majority.
SECTION 5 – THE COURT OF JUSTICE OF THE EUROPEAN UNION
The Court of Justice of the European Union is more commonly known as the European Court of Justice or ECJ. It is
the responsibility of the Court of Justice to ensure that the law is observed in the interpretation and application of
the Treaties of the European Union and of the provisions laid down by the competent Community institutions. To
enable it to carry out that task, the Court has wide jurisdiction to hear various types of action. The Court has
competence, among other things, to rule on applications for annulment or actions for failure to act brought by a
Member State or an institution, actions against Member States for failure to fulfil obligations, references for a
preliminary ruling and appeals against decisions of the Court of First Instance. The ECJ comprises 27 judges, one
from each member state, appointed for renewable six-year terms - the current Irish Judge is Aindrias Ó Caoimh -
assisted by eight Advocates-General.
The court is assisted by a lower court, currently called the "Court of First Instance" (renamed in Lisbon to the
"General Court"), which has jurisdiction over direct actions brought by natural or legal persons (citizens or
organisations), and by the Civil Service Tribunal, which hears cases brought by employees of the EU's institutions.
Sittings
Unchanged from Article 221, second and third paragraphs, TEC.
Advocates-General
Appointment to the Court of Justice Legal Update
Draws on Article 223 TEC. Adds a reference to the judicial
appointments panel, which is established in Article 255, and which is
to be consulted on appointments.
Appointment to the General Court (Court of First Instance) Legal Update
Draws on Article 224 TEC. The Court of First Instance is renamed the
General Court, and a reference to the judicial appointments panel is
added.
Judicial Appointments Panel Institutional
Provides for a judicial appointments panel, to be consulted on the Reform
appointment of Judges and Advocates General in order to give an
Article
opinion on candidates' suitability. The panel is advisory, the member New
255(224a)
state governments still having the final say in appointments. Council
of Ministers to adopt by QMV rules on procedures and members of
the panel.
Jurisdiction of the General Court Legal Update
Article 256(225) In substance the same as Article 225 TEC. Judicial panels are Changed
renamed specialised courts.
Establishment of Specialised Courts Democratic EU
Article
Draws on Article 225a TEC. The procedure for establishing specialised Changed Removal of Veto
257(225a)
courts moves to co-decision.
Failure of Member State to fulfill obligations Legal Update
Draws on Article 226 TEC, which allows the Commission to determine
Article 258(226) that a member state has failed to fulfill its obligations under (in Nice) Changed
the TEC, to issue an opinion, and, if necessary, to bring the member
state before the ECJ. Extends jurisdiction to TEU.
Failure of Member State to fulfill obligations Legal Update
Article 259(227) Draws on Article 227 TEC, allowing member states to bring each Changed
other before the ECJ. Extends jurisdiction to TEU.
Compliance with the ECJ's rulings Effective EU
Draws on Article 228 TEC, which allows the ECJ to set fines for non-
compliance with the Court's rulings. Introduces power at first
Article 260(228) instance to fine Member States for failure to notify measures Changed
transposing a directive - in other words, for the Commission to apply
for a fine on a member state who hasn't even tried to transpose an
agreed directive.
Jurisdiction in respect of Penalties
Jurisdiction in respect of Intellectual Property Rights Legal Update
Draws on Article 229a TEC, which allows the Council of Ministers to
Article
give the ECJ jurisdiction (by unanimity) in respect of 'industrial Changed
262(229a)
property rights', which reference is now changed to 'European
intellectual property rights' as created under Article 118.
Jurisdiction in respect of EU legislation Legal Clarification
Draws on Article 230 TEC, which allows the ECJ to review the legality
of EU legislation, states that any natural or legal person may institute
proceedings against an Eu legislative act of direct and individual
concern to them. Extends scope of jurisdiction to review legality of
acts covering EU institutions, bodies, offices and agencies.
Declaring EU legislation void Legal Clarification
Draws on Article 231 TEC, which allows the ECJ to declare EU
legislation void where an action against that legislation is well
founded. Uses the word "act" rather than "regulation".
Failure of the EU to act where called to Legal Update
Draws on Article 232 TEC, stating the procedure where an EU Controlled EU
Article 265(232) institution fails to act after being called to do so. Extends scope of Changed
jurisdiction to review failure to act covering EU institutions, bodies,
offices and agencies.
Compliance of EU bodies with ECJ rulings Legal Update
Article 266(233) Draws on Article 233 TEC. Extends application to EU bodies, offices Changed Controlled EU
and agencies.
General Jurisdiction Legal Update
Draws on Article 234 TEC, which covers the general jurisdiction of the Citizen Rights
Court and the circumstances in which it may be called on to give a
ruling by national courts. Extends preliminary rulings jurisdiction to
TEU and to acts of EU bodies, offices and agencies. Adds urgency
requirement in cases involving persons in custody.
Compensation for Damages Legal Clarification
Article 268(235) Draws on Article 235 TEC, which covers damages caused by the EU, Changed Citizen Rights
its institutions or servants. Extends jurisdiction to ECB.
Special Jurisdiction Legal Clarification
Draws on Article 46(e) TEU, which allows the ECJ jurisdiction in
Article
respect of Article 7 actions (determination of serious breach of values Changed
269(235a)
by a member state) only where the member state 'at fault' requests
it.
Jurisdiction over EU staff
Jurisdiction over EIB, ESCB and ECB Legal Update
Draws on Article 237 TEC. Extends jurisdiction to TEU.
Jurisdiction over EU contracts
Jurisdiction over disputes between member states on Treaty Legal Update
matters
Article 273(239) Draws on Article 239 TEC, which gives the ECJ jurisdiction in respect Changed
of disputes between member states on Treaty matters by special
agreement between the parties. Extends jurisdiction to TEU.
EU not exempt from jurisdiction of national courts Legal Update
Draws on Article 240 TEC, stating that disputes to which the Union is
a party shall not on that ground be excluded from the jurisdiction of
the courts or tribunals of the Member States.. Includes jurisdiction
conferred on General Court and specialised courts, and conferred by
TEU.
Exclusion of ECJ jurisdiction over foreign & security policy Controlled EU
Draws on Articles 46 and 47 TEU. Excludes Court jurisdiction from
Article CFSP matters, except to review the legality of decisions providing for
Changed
275(240a) restrictive measures against natural or legal persons. The Court may
also continue to police the boundary between CFSP action and other
EU action.
Exclusion of jurisdiction on national law and order
Article
In substance the same as Article 35(5) TEU, stating that the ECJ has Unchanged
276(240b)
no jurisdiction on the internal law and order of the member states.
Exemption from expiry period Legal Update
Article 277(241) Draws on Article 241 TEC. Extends application to EU bodies, offices Changed
and agencies, and to General Court and specialised courts.
Suspension of disputed acts Legal Update
Draws on Article 242 TEC, which states that proceedings before the
Article 278(242) ECJ shall not in themselves suspend the operation of a disputed act, Changed
but that the ECJ can order the suspension of the disputed act.
Extends scope to General Court and specialised courts.
Prescription of interim measures Legal Update
Draws on Article 243 TEC, allowing the ECJ to prescribe interim
measures in cases before it. Extends scope to General Court and
specialised courts.
Enforceability of judgements Legal Update
Article 280(244) Draws on Article 244 TEC. Extends scope to General Court and Changed
specialised courts.
Statute of the ECJ Democratic EU
Article 281(245) Draws on Article 245 TEC. Decisions to amend the Statute of the Changed
Court move to codecision.
SECTION 6 – THE EUROPEAN CENTRAL BANK
The European Central Bank, together with the national central banks of the euro countries, conducts the monetary
policy of the EU, setting interest rates etc. The ECB plus the national central banks together constitute the European
System of Central Banks (ESCB).
Aims & Objectives Legal Clarification
Article Draws on Articles 105-108 TEC. Makes clear the ECB has its own Controlled EU
Changed
282(245a) legal personality, and that Member States whose currency is not the
euro retain control of their monetary policy.
Appointment of the Executive Board Removal of veto
Article
Draws on Article 112 TEC. Voting procedure for appointing the ECB’s Changed Legal update
283(245b)
Executive Board moves to QMV.
Article Cooperation with other EU institutions
Unchanged
284(245c) Unchanged from Article 113 TEC.
SECTION 7 – THE COURT OF AUDITORS
The Court of Auditors audits the EU's budget. It consists of one member from each member state (Ireland's current
member is Máire Geoghegan-Quinn, who specialises in the examination of European funds for developing countries),
and is required to be independent. The primary role of the court is to externally check if the budget of the European
Union has been implemented correctly, in that EU funds have been spent legally and with sound management. To do
this, it needs to work closely with the national civil services, because 90% of the "EU budget" is actually spent by the
member states.
The Court provides two views on the EU's accounts - an opinion and a 'declaration of assurance'. The former
describes whether the EU's accounts are a reliable and true depiction of the actual fate of the money (that there's no
fraud found), the latter is a declaration that the accounts are also entirely free of all errors such as late payments
(that there's not even the possibility of fraud). The latter has been criticised as setting the bar too high, and so far
the EU accounts have never been declared as entirely error-free, particularly in the areas handled by the member
states themselves.
Aims & Objectives
In substance the same as Articles 246 and 247(1) and (4) TEC.
Composition & Appointments
Duties Legal Update
Article 287(248) Draws on Article 248 TEC. Extends application to EU offices and Changed
agencies.
CHAPTER 2 – LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS
SECTION 1 – THE LEGAL ACTS OF THE UNION 20
Sets out the types of EU legislaiton, and how EU legislation is created, amended, and passed or rejected.
Types & Application of EU legislation
Legislative Procedures Democratic EU
Defines “ordinary legislative procedure” (i.e. co-decision) , “special
Article 289(249 legislative procedure” (i.e. other legislative procedures) , and which
New
A) acts constitute legislative acts. By defining the "ordinary legislative
procedure" as involving Parliament, Lisbon vastly increases the role
of Parliament in adopting EU legislation.
Delegation of powers to the Commission Effective EU
Provides for possibility of delegating to the Commission power to
supplement or amend non-essential elements of legislative acts. This
Article 290(249 allows the Commission to make changes to 'non-essential' elements
New
B) of EU legislation. Either the Parliament or Council of Ministers can
object to the proposed change (which stops it), and either can at any
time revoke the delegated ability. This is similar to the power
delegated to certain national agencies in Ireland.
Implementation of EU legislation Controlled EU
Draws on Articles 202 and 10 TEC. Voting requirement on rules and Democratic EU
Article 291(249
general principles for (non-CFSP) ‘comitology’ provisions moves to Changed
C)
co-decision. Implementing powers in the CFSP field are reserved to
the Council.
Adoption of Recommendations Legal Clarification
States that the Council shall act on proposals from the Commission
Article 292(249
where the Treaties say so, and that the Council shall act by unanimity New
D)
where the Treaties say so. Makes explicit the powers of the Council,
Commission and ECB to adopt recommendations.
SECTION 2 – PROCEDURES FOR THE ADOPTION OF ACTS AND OTHER PROVISIONS
One of the major changes in the Treaty of Lisbon is that it makes the Parliament part of the standard method of
adopting EU legislation. Since the Parliament acts as a directly elected watchdog over legislation on behalf of the
citizens, and is able to both amend and reject legislation, this means that the democratic input to EU legislaiton is
substantially increased.
Amendment of Commission Proposals Legal Update
Article 293(250) Draws on Article 250 TEC. Excludes application to certain budgetary Changed
provisions.
Ordinary Legislative Procedure ('co-decision') Legal Update
Draws on Article 251 TEC, which set out the standard method of Democratic EU
adopting EU legislation. Sets out the ‘ordinary legislative procedure’,
Article 294(251) which is to be the standard method of adopting EU legislation if New
Lisbon is ratified. New ‘special provisions’ relate to proposals for
legislative acts submitted by a group of Member States, the ECB or
the Court of Justice.
Inter-institutional Co-operation Effective EU
Article
Draws on Article 218(1) TEC. Adds the EP and a specific reference to Changed
295(252a)
inter-institutional agreements.
Rules on Legislative Acts Legal Clarification
Draws on Article 253 TEC, which stated that acts must refer to any
proposals, recommendations or opinions involved in their formation.
Strengthens rules for selection of the type of act.
Signing and Publication of Legislative Acts Legal Update
Article 297(254) Draws on Article 254 TEC. Reflects the new distinction between Changed
legislative and nonlegislative acts.
Regulations on EU Administration Effective EU
Article Makes provision for regulations on European administration, to be Democratic EU
New
298(254a) adopted by codecision, aimed at creating "an open, efficient and
independent European administration".
Enforcement of Acts Legal Clarification
Draws on Article 256 TEC, which states that enforcement of
legislative acts lies with the member states. Extends to all acts, and
to the ECB.
CHAPTER 3 – THE UNION’S ADVISORY BODIES
The EU has two formal advisory bodies, the Economic & Social Committee and the Committee of the
Regions, consisting of different interests within society, who are consulted when EU legislation is being
formed.
Aims & Objectives Legal Clarification
Draws on Articles 7(2) , 257, 258 and 263 TEC, setting out who the Controlled EU
Article
advisory bodies are. New requirement for the Council, by QMV, to New
300(256a)
review regularly the composition of the Economic and Social
Committee(ESC) and the Committee of the Regions.
SECTION 1 – THE ECONOMIC AND SOCIAL COMMITTEE
The Economic and Social Committee consists of representatives of organisations of employers, of the employed, and
of other parties representative of civil society, notably in socio-economic, civic, professional and cultural areas. It is
consulted in respect of social policy, social and economic cohesion, environment, education, health, customers
protection, industry, Trans-European Networks, indirect taxation and structural funds. It also endeavours to involve
civil society organisations more in the European venture, at both national and European level, and boost the role of
civil society organisations in non-EU countries or country groupings.
Composition of the Committee Controlled EU
Article 301(258) Draws on Article 258 TEC. New procedure to determine, by New
unanimity, the ESC’s composition.
Appointment of Members Institutional
Article 302(259) Draws on Article 259 TEC. Extends term of office of ESC members to Changed Reform
five years - was previously four years.
Rules of Procedure Institutional
Draws on Article 260 TEC. Extends term of office of the chair and Reform
officers to two and a half years.
Right to be consulted Legal Update

Draws on Article 262 TEC. The EP (like the Council and Commission)
Article 304(262) is required to consult the ESC where the Treaties so provide. Changed
SECTION 2 – THE COMMITTEE OF THE REGIONS
About three-quarters of EU legislation is implemented at local or regional level. The Committee of the Regions was
therefore set up to represent local and regional authorities, and has to be consulted whenever the Parliament,
Commission or Council whenever new proposals are made that have repercussions at local or regional level. The
Treaty on European Union set out 5 such areas - economic and social cohesion, trans-European infrastructure
networks, health, education and culture. The Amsterdam Treaty added another five areas to the list - employment
policy, social policy, the environment, vocational training and transport - which now covers much of the scope of the
EU's activity.
Ireland is represented on the Committee of the Regions by 9 members, currently from South Tipperary, Clare,
Offaly, Galway, South Dublin, Donegal and Kerry County Councils, with alternates from Louth, Sligo, Fingal, Wicklow,
Mayo, Carlow, Cork and Longford.
Composition & Appointment of Members Controlled EU
Draws on Article 263 TEC. New procedure to determine, by Institutional
unanimity, the Committee’s composition. The term of office of Reform
Committee members is extended to five years.
Rules of Procedure Institutional
Article 306(264) Draws on Article 264 TEC. Extends term of office of the chair and Changed Reform
officers to two and a half years.
Right to be consulted Legal Update
Draws on Article 265 TEC. The EP (like the Council and Commission)
is required to consult the Committee where the Treaties so provide..
21
CHAPTER 4 – THE EUROPEAN INVESTMENT BANK
The EIB is a long-term lending institution which makes loans in support of the EU's policies and goals. The EIB made
its first loan in Ireland in 1973 and since then the European house bank has lent almost €10 billion to support the
Irish economy. In the five years from 2004 to 2008, the EIB financed key investment in Ireland to the tune of €2.2
billion. In March 2009, the EIB extended loans for small and medium sized enterprises (SMEs) to three banks –
Allied Irish Bank, Ulster Bank and Bank of Ireland - for a total of €300 million.
Composition & Rules Controlled EU
Draws on Article 266 TEC, stating that the EIB has legal personality,
Article 308(266) that its owners are the member states, and the Articles governing the Changed
EIB. Extends the Council’s power to amend the Statute of the Bank,
by unanimity.
Aims & Objectives
TITLE II – FINANCIAL PROVISIONS
This Title contains the rules governing the EU's finances.
The EU Budget Legal Clarification
Draws together Article 268,270, 271, 274 and 280 TEC.
CHAPTER 1 – THE UNION’S OWN RESOURCES
The term 'own resources' actually means the money voted to the EU by the member states. The basic rules on the
system of own resources are laid down in a Council Decision (currently 2000/597/EC, Euratom), adopted by
unanimity in the Council and ratified by all Member States. The overall amount of own resources needed to finance
the budget is determined by total expenditure less other revenue. The total amount of own resources cannot exceed
1.24 % of the gross national income (GNI) of the EU.
Own resources can be divided into the following categories1 (the figures below refer to the 2007 budget):
● Traditional own resources (TOR) consist of customs duties, agricultural duties and sugar levies. These own
resources are levied on economic operators and collected by Member States on behalf of the EU. However,
Member States keep 25 % as a compensation for their collection costs. Customs duties and agricultural
duties are levied on imports of products coming from third countries, at rates based on the Common
Customs Tariff. Sugar levies are paid by sugar producers to finance the export refunds for sugar. These
levies only amount to around 3 % of total TOR. TOR account for around 15 % of total EU revenue.
● The own resource based on value added tax (VAT) is levied on Member States' VAT bases, which are
harmonised for this purpose in accordance with Community rules. The same percentage is levied on the
harmonised base of each Member State. However, the VAT base to take into account is capped at 50 % of
each Member State’s GNI. This rule is intended to avoid that the less prosperous Member States pay out of
proportion to their contributive capacity, since consumption and hence VAT tend to account for a higher
percentage of a country's national income at relatively lower levels of prosperity. The VAT-based resource
accounts for around 15 % of total EU revenue.
● The resource based on gross national income (GNI) is used to balance budget revenue and expenditure, i.e.
to finance the part of the budget not covered by any other sources of revenue. The same percentage rate is
levied on each Member States' GNI, which is established in accordance with Community rules. The GNI-
based resource accounts for around 69 % of total EU revenue.
The balance between the money paid in through the "own resources" system and the amount received from the EU
through structural funds etc determines whether a member state is a 'net contributor' or a 'net beneficiary'. Ireland
is a net beneficiary (in 2008 we paid in €1.7bn but received €2.16bn back), and, given the severity of the current
recession, is not likely to become a net contributor for a good number of years, since the amount we pay in depends
on the strength of our economy, whereas the amount we receive depends on its weakness.
General Rules Legal Clarification
Draws on Article 269 TEC and Article 6(4) TEU. New power for the Coherent EU
Council of Ministers to adopt by QMV and with the EP’s consent
implementing measures, but only insofar as this is provided for in the
parent Own Resources Decision - otherwise, implementation is up to
each country individually. Clarifies that the Council of Ministers may,
by unanimity, establish new categories of resources or abolish
existing ones.
CHAPTER 2 – THE MULTIANNUAL FINANCIAL FRAMEWORK
For the first time, multi-annual financial planning is provided for in the Treaties. This gives a Treaty basis to the
existing practice (as agreed between the Commission, Council and Parliament) of planning EU expenditure for
several years ahead. This approach enhances budgetary discipline and allows for the development of EU expenditure
in an orderly way
Structure & Requirements of Multi-annual financial framework Coherent EU
Draws on various articles which allowed for multi-annual financial Effective EU
frameworks in specified areas, and on existing practice of the EU.
Article Sets out the structure of the multiannual financial framework and the
New
312(270a) basic requirements of it. Procedure for adopting the framework is by
Council of Ministers unanimity with EP consent, but the European
Council may decide by unanimity to move this voting procedure to
QMV.
CHAPTER 3 – THE UNION’S ANNUAL BUDGET
The EU's annual budget has to be agreed by the European Parliament before it can be implemented. However, the
Parliament can currently only vote on "non-compulsory" expenditure, where 'compulsory' expenditure is expenditure
held to be required by the Treaties (the vast bulk of this is CAP). Lisbon abolishes this difference, giving the
Parliament power over all the EU budget - again, this is a major upgrade of the Parliament's 'watchdog' role. A
Conciliation Committee is established to try and iron out any disagreements between the Council and the Parliament
over amendments to the Budget.
Financial Year
Article
Unchanged from Article 272(1) TEC. The EU's financial year runs Unchanged
313(270b)
from 1st January to 31st December.
Drawing Up of EU Budget Democratic EU
Draws on Article 272 TEC. Modifies budgetary procedure, in particular
Article 314(272) to establish a Conciliation Committee to resolve budgetary disputes Changed
between the Council and the EP, and to drop the distinction between
compulsory and non-compulsory expenditure.
In Case of Budget Refusal Democratic EU
Draws on Article 273 TEC, which states what happens if the Budget Legal Update
Article 315(273) hasn't been approved by the beginning of the financial year. Modified Changed
to reflect the dropping of the distinction between compulsory and
non-compulsory expenditure.
Expenditure Legal Update
Article Draws on Article 271 TEC, stating what happens to unspent
New
316(273a) appropriations, classification of appropriations. New reference to
European Council.
CHAPTER 4 –IMPLEMENTATION OF THE BUDGET AND DISCHARGE
Implementation & Regulations Democratic EU
Draws on Article 274 TEC. New provision for regulations relating to Coherent EU
Member States’ control and audit obligations, to be adopted by co-
decision.
Financial Reporting Controlled EU
Article 318(275) Paragraph 1 is in substance the same as Article 275 TEC. Paragraph Changed Democratic EU
2 is new, strengthening the reporting duty on the Commission.
Discharge of Budget Controlled EU
Draws on Article 276 TEC, stating who has responsibility for Democratic EU
examination and acceptance/rejection of the budget. Adds reference
to Commission’s evaluation report..
CHAPTER 5 – COMMON PROVISIONS
Currency of Budget Legal Clarification
Article 320(277) In substance the same as Article 277 TEC, updated to make clear the Changed
budget is drawn up in euros.
Transfer of funds
Article 321(278) In substance the same as Article 278 TEC, allowing the EU to move Unchanged
money from one member state currency to another when needed.
Budget Regulations Democratic EU
Draws on Article 279 TEC. Decision-making for regulations on Removal of Veto
Article 322(279) financial rules moves to co-decision, and decision-making for Changed
procedures making budget revenue available to the Commission
moves to QMV.
Obligations to Third Parties Legal Clarification
Article
Financial means are to be made available to fulfil the EU’s legal New
323(279a)
obligations in respect of third parties.
Inter-Institutional Co-operation Coherent EU
Article
Provides for regular inter-institutional meetings to facilitate budgetary New
324(279b)
procedure.
CHAPTER 6 – COMBATING FRAUD
Like every taxpayer-funded body, the EU has a duty to ensure to look after the financial interests of the taxpayer.
The EU is involved in countering fraudulent activities where these affect the system of "own resources" or otherwise
impact those areas for which the EU has responsibility, such as cigarette smuggling, counterfeit euro coins,
unjustified claims for preferential import duty rates for sugar and garlic, avoidance of anti-dumping import taxes on
energy-saving lamps, subsidies for oranges grown on farms which do not exist, and so on come under the remit of
OLAF, the European anti-fraud office.
Combating Fraud Legal Update
Draws on Article 280 TEC. Extends application to all EU institutions,
bodies, offices and agencies, and drops the carve-out relating to
national criminal law/justice.
TITLE III – ENHANCED COOPERATION
Enhanced Cooperation allows groups of member states that wish to continue to work more closely together to do so,
while respecting the single institutional framework of the Union. The Member States concerned can thus move
forward at different speeds and/or towards different goals. However, enhanced cooperation does not allow extension
of the powers as laid down by the Treaties. Moreover it may be undertaken only as a last resort, when it has been
established within the Council that the objectives of such cooperation cannot be attained within a reasonable period
by applying the relevant provisions of the Treaties. Such cooperation shall not undermine the internal market or
economic, social and territorial cohesion. It shall not constitute a barrier to or discrimination in trade between
Member States, nor shall it distort competition between them.
Compliance with the Treaties
Article 326(280 In substance the same as Article 43(b) , (e) and (f) TEU, stating that
Unchanged
A) enhanced cooperation is fully subject to the Treaties, and shall not
constitute a barrier or distortion of competition..
Non-participating States
In substance the same as Article 43(h) and Article 44(2) , third
Article 327(280
sentence, TEU, stating that enhanced cooperation must respect the Unchanged
B)
rights of non-participating states, and that non-participating states
must not impede its implementation by the participants.
Conditions of Participation Controlled EU
Paragraph 1 in substance the same as Article 43b TEU, stating that it Democratic EU
Article 328(280
is open to all member states. Paragraph 2 draws on Article 27d TEU, Changed
C)
extending it to require that the Council and the EP be kept informed
of enhanced cooperation in any area.
Proposal of Enhanced Cooperation Creation of Veto
Draws on Article 11(1) and (2) TEC and Article 43(d) TEU. The EP Legal Update
Article 329(280 must give its consent for enhanced co-operation under the TFEU
Changed
D) (anything covered by this Treaty). Enhanced co-operation within
CFSP draws on Article 27c TEU but moves from QMV to unanimity
and introduces a role for the High Representative.
Membership in Enhanced Cooperation Legal Update
Article 330(280
Draws on Article 44 TEU, which states that only participating Changed
E)
members may vote. Reflects the new QMV thresholds.
Participation in Enhanced Cooperation Creation of Veto
Draws on Article 11a TEC and Article 27e TEU. Provides new Legal Change
procedure for reviewing cases in which a Member State wishes to Legal Update
Article 331(280
participate in enhanced cooperation but has not fulfilled the Changed
F)
conditions of participation. In enhanced cooperation in CFSP, the High
Representative plays a role and Council decisions move from QMV to
unanimity.
Expenditure in Enhanced Cooperation
Article 332(280 Unchanged from Article 44a TEU, which states that expenditure
Unchanged
G) resulting from enhanced cooperation must be borne only by the
participating members.
Voting Rules in Enhanced Cooperation Voting Change
Member States engaged in enhanced cooperation may decide by
Article 333(280 unanimity to move decision-making within the group (i) from
New
H) unanimity to QMV or (ii) from a special legislative procedure to co-
decision, except in the case of decisions having military or defence
implications.
Consistency with EU policies
Article 334(280 In substance the same as Article 45 TEU, stating that activities
Unchanged
I) undertaken in enhanced cooperation must be consistent with general
EU policies.
PART SEVEN – GENERAL AND FINAL PROVISIONS
Legal Status of EU under national laws Responsive EU
Draws on Article 282 TEC, stating that the EU shall have the
maximum possible legal capacity under national laws (such as owning
property or being party to legal proceedings), and that to this end
the EU is to be represented within the member states by the
Commission. Added is the provision that each institution is to
represent the EU in the Member States in matters relating to their
respective operations.
EU Staff Regulations Democratic EU
Article 336(283) Draws on Article 283 TEC. QMV already applies, staff regulations to Changed Controlled EU
be adopted by codecision.
Collection of Information
In substance the same as Article 284 TEC, stating that the
Article 337(284) Commission may collect any information or carry out any checks Unchanged
needed to carry out its duties, subject to the conditions imposed by
the Council of Ministers.
Production of Statistics
Article 338(285) In substance the same as Article 285 TEC, stating that the EU shall Unchanged
produce statistics.
Professional Secrecy
Unchanged from Article 287 TEC, stating that EU employees, and the
Article 339(287) members of EU institutions and committees are not to disclose Unchanged
information of the kind covered by the obligation of professional
secrecy.
Liability of the EU
Article 340(288) In substance the same as Article 288 TEC, dealing with the liability of Unchanged
the EU.
Seat of Institutions
Unchanged from Article 289 TEC, stating that "the seat of the
institutions of the Union shall be determined by common accord of
the governments of the Member States".
Languages of the Institutions
Privileges and Immunities Legal Update
Article 343(291) In substance the same as Article 291 TEC, with deletion of European Changed
Monetary Institute.
Settlement of Disputes Legal Update
Draws on Article 292 TEC, stating that member states agree not to
submit disputes on the subject matter of the Treaties to other
arbitration than stated in the Treaties. Extends scope to TEU.
Non-prejudice of national systems of property ownership Legal Update
Draws on Article 295 TEC, stating that "the Treaties shall in no way
prejudice the rules in Member States governing the system of
property ownership.". Extends scope to TEU.
Non-prejudice of national security Legal Update
Draws on Article 296 TEC, stating that the Treaties shall not oblige
Article 346(296) the member states to disclose information contrary to the interests of Changed
national security, and may make any measures required to protect
essential interests of its national security. Extends scope to TEU.
Measures taken for national security
Unchanged from Article 297 TEC, stating that member states shall
consult each other to keep the internal market functioning in case of
war, serious internal disturbances, threat of war.
Measures taken for national security Legal Update
Draws on Article 298 TEC, detailing the way in which measures taken
under 346 and 347 could be adjusted to conform with the Treaties.
Extends scope to TEU.
Special Character of certain regions
In substance the same as Article 299(2) TEC, laying down the special
status of certain remote and difficult regions in respect of the
applicability of the Treaties.
Non-prejudice of certain regional unions Legal Update
Draws on Article 306 TEC, stating that the Treaties shall not impact Controlled EU
Article 350(306) the formation of regional unions between Belgium and Luxembourg, Changed
or between Belgium, Luxembourg and the Netherlands. Extends
scope to TEU.
Non-prejudice of prior agreements Legal Update
Draws on Article 307 TEC, stating that the Treaties shall not affect Controlled EU
rights and obligations arising from agreements concluded before
accession. Extends scope to TEU.
Adoption of Powers Democratic EU
Draws on Article 308 TEC, which allows the Council of Ministers to Oireachtas Input
adopt necessary powers not already specified in the Treaties, but
introduces greater safeguards on the use of this power. Cannot be
used to attain CFSP objectives or to take measures that would entail
harmonisation of national laws where this is excluded by the Treaties.
Introduces requirement for EP’s consent. New provision for national
parliaments to monitor use of the article.
Restriction of Simplified Revision Procedure (Article 48) Controlled EU
Lists provisions to which the simplified revision procedure must not
apply, being the "own resources" system and regulations for the own
Article resources system (Article 311), regulations for the multiannual
New
353(308a) financial frameworks (Article 312), the adoption of powers (Article
352) and the suspension of a member state's rights (Article 354).
These can only be amended by use of a full amending Treaty like
Lisbon.
Suspension of member state's rights Legal Update
Article 354(309) Draws on Article 7(5) and (6) TEU, adjusted to take account of the Changed
European Council’s role and the new voting weights.
Special Arrangements for Particular Territories
Article Draws on Article 299 TEC, setting out the extent of application of .the
New
355(311a) Treaties in particular territories. Extends scope to TEU. New provision
for amending, by unanimity, the status of some (non-UK) territories.
Duration of Treaty
Unchanged from Article 312 TEC - unlimited.
Ratification & Entry into force
Official Languages of Treaty Legal Update
Article
Applies Article 55 TEU (as amended by the Treaty of Lisbon) to TFEU, New
358(313a)
stating the languages in which this Treaty is official.
PROTOCOLS
Protocol on the Draws on equivalent existing Protocol, deals with information on draft Oireachtas Input
Role of National legislation to be given to the national parliaments, inter-
Parliaments in parliamentary cooperation between member states. Changed
the European
Union
Protocol on the Draws on equivalent existing Protocol. Introduces a new procedure Oireachtas Input
application of enabling national parliaments (or chambers thereof) to produce
the principles of reasoned opinions stating that a draft legislative act fails to comply
Subsidiarity and with the principle of subsidiarity. If a certain threshold of opinions is
Proportionality reached, the Commission must review the draft act with a view to Changed
maintaining, amending or withdrawing it. The EP or Council may, in
certain cases, kill off a draft act if it agrees with a majority of national
parliaments that the draft is not compatible with the principle of
subsidiarity.
Protocol on the Draws on existing Protocol. Changes are mostly consequential on Changed Legal Update
Statute of the those made to the Treaties by the Treaty of Lisbon.
Court of Justice
of the European
Union
Protocol on the Draws on existing Protocol. Changes are mostly consequential on Changed Removal of Veto
Statute of the those made to the Treaties by the Treaty of Lisbon. The appointment Legal Update
European of the Executive Board of the ECB moves to QMV.
System of
Central Banks
and the
European
Central Bank
Protocol on the Draws on existing Protocol, but updated to reflect establishment of Changed Legal Update
Statute of the the euro, changes in the EIB's governance arrangements in the
European context of enlargement, and current lending practices.
Investment
Bank
Protocol on the In substance the same as existing Protocol, with deletion of the Changed Legal Update
location of the European Monetary Institute.
seats of the
institutions and
of certain
bodies, offices
and
departments of
the European
Union
Protocol on the Draws on existing Protocol. Decision-making concerning tax and Changed Removal of Veto
Privileges and social security of EU officials and other servants moves to QMV and
Immunities of co-decision.
the European
Union
Protocol on the In substance the same as existing Protocol. Unchanged
Excessive Deficit
Procedure
Protocol on the Draws on existing Protocol. Changed Legal Update
Convergence
Criteria
Protocol on the Provides for informal meetings of Member States whose currency is New Effective EU
Euro Group the euro, with the Commission and, by invitation, the ECB. Provides
for election of a President with a two and a half year term.
Protocol on In substance the same as existing Protocol, but updated to reflect the Changed Legal Update
Certain fact that the single currency has been established.
Provisions
relating to the
UK
Protocol on the Draws on the Protocol Integrating the Schengen Acquis into the Changed Legal Update
Schengen Framework of the European Union, annexed to the TEU and TEC by
Acquis the Treaty of Amsterdam. Updates the existing Protocol to remove
Integrated into spent provisions and to take account of EU enlargement. Includes
the Framework new provisions relating to the participation of the UK and Ireland in
of the European measures building on the Schengen acquis and, in the event of a
Union decision to opt out of such a measure, in the underlying acquis.
Protocol on the In substance the same as the Protocol on the Application of Certain Unchanged
Application of Aspects of Article 7a of the TEC to the UK and to Ireland, annexed to
Certain Aspects the TEU and TEC by the Treaty of Amsterdam.
of Article
26(22a) TFEU
Protocol on the Draws on the Protocol on the Position of the UK and Ireland, annexed New Safeguards
Position of the to the TEU and TEC by the Treaty of Amsterdam. Extends the scope Specific Irish
UK and Ireland of the UK and Irish opt-in from measures under Title IV TEC to cover Interests
in Respect of judicial cooperation in criminal matters and police cooperation. Thus
the Area of it covers the whole of Part Three, Title V TFEU (with the exception,
Freedom, for Ireland, of a single article on sanctions) . A new article makes
Security and special provision regarding measures amending an existing measure
Justice by which the UK and/or Ireland are bound. New provision is also
made regarding the processing of personal data.
Protocol on the Draws on the Protocol on the Position of Denmark, annexed to the Changed Safeguards
Position of TEU and TEC by the Treaty of Amsterdam. Extends the existing Specific Danish
Denmark Danish opt-out from measures under Title V TEC to cover judicial Interests
cooperation in criminal matters and police cooperation. A new
provision enables Denmark to abandon its opt-out and replace it with
opt-in arrangements similar to those applicable to the UK and
Ireland.
Protocol on Unchanged from existing Protocol. Unchanged
External
Relations of the
Member States
with regard to
the Crossing of
External
Borders
Protocol on In substance the same as existing Protocol. Unchanged
Asylum for
Nationals of
Member States
of the European
Union
Protocol on Relates to new Treaty provisions in Articles 42(6) and 46 TEU (as New Effective EU
Permanent renumbered by the Treaty of Lisbon) concerning permanent
Structured structured co-operation in defence. Sets out the arrangements for
Cooperation participation (which is entered into voluntarily) and the capabilities
established by requirements.
Article 42 (27)
TEU
Protocol on In substance the same as existing Protocol (i.e. Protocol on Article 17 Unchanged
Article 42(2) TEU) .
(28A(2) ) TEU
Protocol relating New. Relates to new provision in Article 6(2) TEU for EU accession to New Controlled EU
to Article 6(2) the ECHR. Makes clear that accession is not to affect EU Values-based EU
TEU on the competences, the powers of its institutions, or Member States’ own
Accession of the position in relation to the ECHR (e.g. where they have derogated
Union to the from or made reservations to aspects of the ECHR).
European
Convention for
the Protection of
Human Rights
and
Fundamental
Freedoms
Protocol on the Clarifies certain aspects of the application of the Charter of New Legal Clarification
application of Fundamental Rights in relation to Poland and the United Kingdom.
the Charter of
Fundamental
Rights of the
European Union
to Poland and
the United
Kingdom
Protocol on the Specifies that EU action must if necessary be taken under the New Legal Clarification
Internal Market Treaties to ensure undistorted competition within the internal market.
and Competition
Protocol on the Provides that in areas of shared competence, the scope of EU New Legal Clarification
Exercise of competence is confined to those elements governed by specific EU
Shared acts.
Competence
Protocol on Lists some of the shared values of the EU in respect of services of New Legal Clarification
Services of general economic interest within the meaning of Article 14 TFEU, and
General Interest makes clear that the Treaties do not affect Member States'
competence to provide, commission and organise non-economic
services of general interest.
System of Public
Service
Broadcasting in
the Member
States
Protocol In substance the same as existing Protocol (i.e. Protocol concerning Unchanged
concerning Article 141 TEC.) .
Article 157(141)
TFEU
Protocol on Draws on existing Protocol. Adds new references to territorial Changed Legal Update
Economic, cohesion to reflect the Union’s objectives set out in Article 2 TEU.
Social and
Territorial
Cohesion
Protocol on In substance the same as existing Protocol. Now updated by the Unchanged
Article 40.3.3 of additional Guarantees, which will extend this protection
the Constitution
of Ireland
Protocol on the Draws on existing Protocol. Updated to reflect transfer of ECSC Changed Legal Update
financial assets to the European Community in July 2002. Decision-making for
consequences of implementing measures moves to QMV.
the expiry of the
ECSC Treaty
and on the
Research Fund
for Coal and
Steel
Protocol on the Requires a preliminary deliberation by the European Council before New Legal Update
Decision of the the Council of Ministers examines any draft that would aim to
Council relating abrogate or modify the Council Decision referred to in the title of this
to the Protocol.
implementation
of Article 16(4)
(9c(4) ) TEU
and Article
238(2) (205(2)
TFEU between 1
November 2014
and 31 March
2017 on the one
hand, and as
from 1 April
2017 on the
other
Protocol on Sets out transitional provisions on composition of the European New Legal Update
Transitional Parliament, on QMV for the period until 31 October 2014 and
Provisions between 1 November 2014 and 31 March 2017, on Council
configurations, on the Commission (including the High
Representative) , on the composition of the Committee of the
Regions and the Economic and Social Committee, and on acts
adopted on the basis of Titles V and VI TEU before the entry into
force of the Treaty of Lisbon. Particular rights of the United Kingdom
are included in relation to police and judicial cooperation measures.
Protocol on Draws on existing Protocol. Refers to French Pacific territories rather Changed Legal Update
France than all French overseas territories.
Protocol on In substance the same as existing Protocol, but updated to reflect the Unchanged
Certain fact that the single currency has been established.
Provisions
Relating to
Denmark
Protocol on In substance the same as existing Protocol. Updated to delete Unchanged
special provision for transitional measures.
arrangements
for Greenland
Protocol In substance the same as existing Protocol. Unchanged
concerning
imports into the
EU of Petroleum
Products refined
in the
Netherlands
Antilles
Acquisition of
Property in
Denmark

Article by Article - The Changes Made by Lisbon

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Article by Article - The Changes Made by Lisbon

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Article by article - the changes made by Lisbon

● Removal of Veto - where decision-making moves from unanimity to QMV

Section Headings: are as per the Treaties.

While QMV arrangements are often debated in EU treaty

The proposed and current systems are difficult to compare simply,

The Treaty of Lisbon does not affect or prejudice Ireland's traditional

Any decision to move to a common defence will require a unanimous

Nothing in this Section affects or prejudices the position or policy of

It is also a matter for each Member State to decide, in accordance

Simplified Revision Procedure: is new and simpler, involving the

Unanimity in the European Council and EP consent is required in each

These competences already exist, and are not being granted by

Article 4(2 C) (j) area of freedom, security and justice; New

Coordination of policies Coherent EU

The Guarantees given in respect of Lisbon by the European Council

Article 67(61)* in these areas: Changed

European Public Prosecutor Effective EU

TITLE VII - COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS

but includes a stronger reference to Member States’ responsibility for

Right to be consulted Legal Update

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