The Lisbon Treaty and its Implications for civil society working by 33z50F


									The Lisbon Treaty and its
  Implications for civil
   society working in
                Elise Ford
 Head of EU Advocacy, Oxfam International
        Structure of the session
1. Lisbon Treaty: Changes in power
- New roles
- Changing power relations between institutions

2. Lisbon Treaty: Changes in policies & policy-making
- Provisions on development policy under Lisbon
- Structure of EAS and impact on EU’s external
       SECTION 1
       IN POWER
           UNDER LISBON…
1.   A President of Europe
2.   A European “Foreign Minister”
3.   European Delegations
4.   Europe has a legal personality
5.   Council has more consensus
6.   Parliaments increase powers
7.   Citizens have a direct way to have a say
1. Europe has a President
                   THE THEORY…
N.B. President of European Council. It’s not the same as President of

• To chair and drive forward the work of the European Council
• To ensure the preparation and continuity of the work of the European
   Council in cooperation with the President of the Commission, and on the
   basis of the work of the General Affairs Council (GAC);
• To facilitate cohesion and consensus within the European Council;
• To present a report to the European Parliament after each of the meetings
   of the European Council.

The President can also, at his level and in that capacity, ensure the external
   representation of the Union on issues concerning its common foreign and
   security policy, without prejudice to the powers of the High Representative
   for Foreign Affairs and Security Policy.

The President will also convene meetings of the European Council at least
   four times a year, and he possesses the formal power to convene a
   Convention to amend the EU treaties
                THE PRACTICE…
• Europe chose a “Herman Van Rompuy”
   – Facilitator rather than leader, informal & consensus-building

• European Councils are taking place frequently – era of
  the leaders
   – Not just 4 times a year
   – Extraordinary Councils for crises, informal Councils for
     discussion, high level Summits

• Policy focus so far internal
   – Priority economic governance

• Good relations with Mr. Barroso – weekly meetings

• Relations with HR unclear – interest on foreign policy?

• EP speech = State of the Union?
2. Europe has a Foreign Minister
            THE THEORY (I)…

- High Representative
- Rotating Presidency (Foreign Minister)
- Commissioner for External Relations

+ She has to set up her own office (EAS)
                      THE THEORY (II)…
• Conducts the Union's common foreign and security policy

• Contributes by her proposals to the development of that policy, which
  she will carry out as mandated by the Council, and ensures
  implementation of the decisions adopted in this field

• Presides over the Foreign Affairs Council (and thus sets the agenda)

• Is one of the Vice-Presidents of the Commission & ensures the
  consistency of the Union's external action.

• Represents the Union for matters relating to the common foreign and
  security policy, conduct political dialogue with third parties on the
  Union's behalf & expresses its position in international organisations /

• Exercises authority over the European External Action Service and over
  the Union delegations
            THE PRACTICE…
• Struggle to combine three posts
• EU Foreign Policy – media expectation too
  high, too little margin from MS
• Battle between Presidency & High Rep for FAC
• Internal EC coordination – she heads up
  External Commissioners
• EAS – big turf-war, big distraction, impeding
  analytical/propositional capacity
• External Representation is a messy picture
3. Europe has Embassies
What is role & function of the EAS? (I)
   Article 27(3) TEU constitutes the legal basis for the
   Council decision on the organisation and functioning of
   the EEAS.

 “In fulfilling his mandate, the High Representative
 shall be assisted by a European External Action
 Service. This service shall work in cooperation with
 the diplomatic services of the Member States and
 shall comprise officials from relevant departments of
 the General Secretariat of the Council and of the
 Commission as well as staff seconded from national
 diplomatic services of the member states.”
What is role & function of the EAS? (II)

  – The EEAS will be sui generis institution. Will it be attached to European
  – It will be paid for by EU budget.
  – The EEAS will help the High Representative ensure the consistency and
    coordination of the Union's external action as well as prepare policy
    proposals and implement them after their approval by Council.
  – It shall also support and assist other EU institutions.
  – The EEAS should be composed of single geographical (covering all
    regions and countries) and thematic desks, which will continue to
    perform under the authority of the High Representative the tasks
    currently executed by the relevant parts of the Commission and the
    Council Secretariat.
  – The EU’s crisis management structures shall be integrated into the
  – Trade and development policy as defined by the Treaty should remain
    the responsibility of relevant Commissioners of the Commission
    although the EAS may have some coordinating capacity.
What is role & function of the EAS? (III)

  – The Commission's delegations will become Union delegations
    under the authority of the High Representative and will be part of
    the EEAS structure.
  – Delegations will contain both regular EEAS staff (including
    Heads of Delegation) and staff from relevant Commission
  – EU delegations will work in close cooperation with diplomatic
    services of the Member States..
  – They should play a supporting role as regards diplomatic and
    consular protection of Union citizens in third countries. They will
    not have their own consular powers
  – Work on Delegations will be supported by Special
    Representatives to deal with regional dynamics.
4. Europe has a (legal) personality
 “On 1 December 2009 the European Community was replaced by the European
 Union which succeeds it and takes over all its rights and obligations. The Treaty on
 European Union keeps the same name and the Treaty establishing the European
 Community becomes the Treaty on the Functioning of the European Union”


 The EU able to represent Europe, sign treaties, go to and be summoned to court,
 and become a member of international organisations.
  Greater clarity in relations with the rest of the world, increased effectiveness
 and legal certainty and more effective action.
       5. Consensus rules in Council
-   Up to now, when the Council voted on the basis of a qualified majority, the
    number of votes attributed to each Member State was predetermined by the
    Treaty itself (applying a scale ranging from 29 votes each for the four
    largest Member States to 3 votes for the smallest).

- Nov 2014  Definition of the qualified majority changes - it will then be a
  double majority
         - support of at least 55 % of the EU Member States (i.e. 15/27)
         - at least 65 % of the population of the EU.
         - a blocking minority must include at least four Member States.
  (Until March 2017, can request previous system)

-   Also, more decisions made on basis of QMV

-   Council obliged to meet in public when deliberates & votes on European
6. (European) Parliament has
        (more) power
EP: More powers, more responsibility?
- Over 40 new fields under co-decision - including
  agriculture, energy policy, immigration and EU funds.
- On trade, codecision on trade legislation (e.g. GSP),
  consent on agreements, and reports on negotiations
  (n.b. no direct say in negotiations)
- Power over foreign policy/development in negotiation
  with EAS
- Bigger role in setting budgets (old distinction between
  "compulsory" and "non-compulsory" expenditure is
  abolished. Parliament will decide on the entire EU
  budget together with the Council and has final say
- Powers on Financial Perspectives potentially reduced.
     6. (bis) National parliaments
1. National parliaments will have eight weeks to examine
   draft European legislative acts. If a third of them (a quarter
   in the field of Justice and Home Affairs) oppose a draft, the
   Commission must review it.

2. If over half of all national parliaments oppose an act
   subject to codecision, the European legislator (a majority
   of the European Parliament or 55 % of the votes in the
   Council) must decide whether or not to proceed with the
   legislative process.

3. National parliaments may also take a case to the
   European Court of Justice if they consider that a legislative
   act is contrary to theprinciple of subsidiarity.
7. Citizen’s Initiative
A million citizens may sign a petition inviting the Commission
to submit a proposal on any area of EU competence….

EC Green Paper (Jan 2010)  Legislation

Ten issues
1.    Minimum number of Member States
2.    Minimum number of signatures per Member State
3.    Eligibility to support (minimum age)
4.    Form and wording of ECI
5.    Requirements for collection & atuthetification of signatures
6.    Time limit for collection
7.    Registration of proposed initiatives
8.    Requirements for organizers
9.    Examination of citizens’ initiatives by the EC
10. Initiatives on same issue
           UNDER LISBON…
1.   A President of Europe
2.   A European “Foreign Minister”
3.   European Delegations
4.   Europe has a legal personality
5.   Council has more consensus
6.   Parliaments increase powers
7.   Citizens have a direct way to have a say
             Conclusions & lessons
• Simultaneous trends towards “federalism” &
• Diminishing faith in EU political system – Lisbon rejection,
  Stablity & Growth Pact
• Increasing Bxl-based power does not mean increased Bxl-
  based influencing
    – National influencing still has the biggest impact
    – Regardless of institution, individuals driven by individual
    – Knowledge of Bxl context can put you fully ahead of the game
•   Dominance of Summits v Council – Member States politics
•   MEPs part of same trend
•   Presidencies on the wane – agenda-setting, visibility
•   Moment of change – moment for maximalist influence…
    Policies & direction of policies
       SECTION 2
    The Lisbon Treaty & Development
•   The Treaty of Lisbon clearly states that the reduction and the eradication of
    poverty is the primary objective of the Union’s development cooperation
    policy. This goal must be respected when the Union implements policies
    likely to affect developing countries. This implies also that development
    policy is a policy in its own right, and not an accessory of common foreign
    and security policy.
•   Policy Coherence for Development is also an explicit obligation within the
•   The Treaty of Lisbon introduces for the first time a specific legal basis for
    humanitarian aid. This provision stresses the specificity of the policy and the
    application of the principles of international humanitarian law, in particular
    impartiality and non-discrimination.
•   In case of urgent financial aid, the Council will act by qualified majority upon
    a proposal from the Commission. This should mean quicker financial aid in
    the future.
•   The Treaty of Lisbon classifies development cooperation and humanitarian
    aid as “shared parallel competences”: this means that the Union conducts
    an autonomous policy, which neither prevents the Member States from
    exercising their competences nor makes the Union’s policy merely
    “complementary” to those of the Member States.
   21st Century European External
           Action Service

What does Ashton say?

“ The aim of the Lisbon Treaty and the creation of
  the External Action Service is to enhance our
  global impact, by bringing together the wide
  range of instruments - civilian and military - in
  support of one political strategy. The
  watchwords are coherence, comprehensiveness
  and co-ordination. "
              EAS – a system in flux
What did Lisbon say?
V little detail on External Action Service.
Additional elements to be agreed by Member States upon proposal by High
    Representative in agreement with European Commission
 Institutional battle ensured

EC preserving community method/foreign policy control
Council – safeguarding national prerogatives, promoting a maximally functional
EP democratic oversight (why does it matter?)

No agreement to date…

Key reference documents
1. October Council Decision 2009 - setting parameters for subsequent
2. April 26th 2010 Council Agreement – Member States positions
3. Draft EP Report – EP’s position
               What we know (I)
              EAS Organigramme
• Ashton heads up External Relations Cluster within
• EAS under her authority
• 3 political director (Administrative, Political)
• Permanent chair of PSC
• Single geographical desks
• Civil-Military Elements Integrated
• Development Directorate
• Horizontal units
• EAS responsible for all Delegations
• Budget neutral/funds from EC budget
• Staffed 1/3 EC, 1/3 Council, 1/3 Member States
                          Staff Transfers - Council
             All staff in the departments and functions listed below shall be transferred en bloc to the EEAS, except
     for a very limited number of staff to perform the normal tasks of the General Secretariat of the Council in line
     with Article 2(1), second indent, and for certain specific functions which are indicated below:
            Policy Unit
            ESDP and crisis management structures
     ·         Crisis Management and Planning Directorate (CMPD)
     ·         Civilian Planning and Conduct Capability (CPCC)
     ·         European Union Military Staff (EUMS)
     o                Departments under the direct authority of DGEUMS
     o                Concepts and Capability Directorate
     o                Intelligence Directorate
     o                Operations Directorate
     o                Logistics Directorate
     o                Communications and Information Systems Directorate
     ·         EU Situation Centre (SITCEN)
     ·         Staff in the SITCEN supporting the Security Accreditation Authority
            Directorate-General E
     ·          Entities placed under the direct authority of the Director-General
     ·          Directorate for the Americas and the United Nations
     ·          Directorate for the Western Balkans, Eastern Europe and Central Asia
     ·          Directorate for Non-Proliferation of Weapons of Mass Destruction
     ·          Directorate for Parliamentary affairs in the area of CFSP
     ·          New York Liaison Office
     ·          Geneva Liaison Office
            GSC officials on secondment to European Union Special Representatives and CSDP missions.
                 Staff Transfers - Commission
             Directorate-General for External Relations
     ·          All hierarchy posts
     ·          Directorate A (Crisis Platform and policy coordination in CFSP)
     ·          Directorate B (Multilateral Relations and Human Rights)
     ·          Directorate C (North America, East Asia, Australia, New Zealand, EEA, EFTA, San Marino, Andorra, Monaco)
     ·          Directorate D (European Neighbourhood Policy Coordination)
     ·          Directorate E (Eastern Europe, Southern Caucasus, Central Asia Republics)
     ·          Directorate F (Middle East, South Mediterranean)
     ·          Directorate G (Latin America)
     ·          Directorate H (Asia (except Japan and Korea))
     ·          Directorate I (Headquarters resources, information, inter-institutional relations)
     ·          Directorate K (External Service)
     ·          Directorate L (Strategy, Coordination and Analysis)
     ·          Task Force on the Eastern Partnership
     ·          Unit Relex-01 (audit)
     ·         Staff responsible for the management of financial instruments
     ·         Staff responsible for the payment of salaries and allowances to staff in delegations
             External Service
     ·         All Heads of Delegation and Deputy Heads of Delegation
     ·         All Political Sections and staff
     ·         All information and public diplomacy sections and staff
     ·         All Administration sections
     ·         Staff responsible for the implementation of financial instruments
             Directorate-General for Development
     ·          Directorate D (ACP II – West and Central Africa, Caribbean and OCT) except OCT task force
     ·          Directorate E (Horn of Africa, East and Southern Africa, Indian Ocean and Pacific)
     ·          Unit CI (ACP I: Aid programming and management): Staff responsible for programming
     ·          Unit C2 (Pan-African issues and institutions, governance and migration): Staff responsible for Pan-African relations
     ·          Applicable hierarchy posts
               What we know (II)
             Roles of EU Delegations
EC Delegation + Presidency combined
   – Convening coordination meetings of EU member states’ embassies
   – Local representation of the EU in matters pertaining to CFSP and
   – Heads of delegation will also be empowered to speak on behalf of the
     EU as a whole
   – Financial powers?
   – Crisis management structures?
   – Consular powers

   By the end of the Spanish presidency, approx 50% of Delegations
   will be under EAS structures. To be completed by Belgian
             What is still at stake? (I)
Where programming of external assistance instruments sits?
DCI, EDP, ENPI, EIDHR - not including humanitarian aid, trade

Three positions
1. Fully under EAS control
2. Fully under Development Commissioner control
3. Mixed control

   c.f. EP amendment under discussion
        “Strategic programming of external assistance instruments should be
        done jointly by the EEAS and the services of the competent
        Commissioners. Proposals for higher-level programming documents*
        under these instruments will be agreed jointly by the HRVP and the
        competent Commissioner(s) and presented to the College of
        Commissioners for the final decision. In case of a disagreement
        between the HRVP and the competent Commissioner, the decision will
        be made by the College of Commissioners. For all these instruments,
        lower-level programming and implementation will be carried out by the
        services responsible to the competent Commissioner.”
       A brief introduction to EC

   1. Country Allocation     PRE LISBON

                             • Development instruments
2. Country Strategy Papers     split – EDF = DG DEV, DCI =
                               RELEX phases 1-3
3. Multiannual programming   • AidCo responsible for 4-5
                               EDF + DCI
                             • No role for High
  4. Annual Programming        Representative

    5. Implementation
       Possible models under Lisbon…
    Ashton proposal                  EC proposal                      EP proposal

     1. Country Allocation         1. Country Allocation            1. Country Allocation

   2. Country Strategy Papers    2. Country Strategy Papers      2. Country Strategy Papers

  3. Multiannual programming    3. Multiannual programming       3. Multiannual programming

    4. Annual Programming         4. Annual Programming            4. Annual Programming

      5. Implementation             5. Implementation                5. Implementation

All phases: HR+EC joint         All phases: EC only           Phases 1-3: Joint (or 1-2)
                                                                Phases 4-5: EC only
                    So what…?
• Efficient policy-making
   – Greater alignment between development policy-
     making and implementation
   – Universal approach to policy-making across countries
     – Neighbourhood, ACP, ALA
• Exceptionalism towards development aid vis-à-
  vis trade/humanitarian
• Politicisation of aid agenda – strongly linked to
  aid effectiveness agenda
   – Development aid is a tool of foreign policy
   – Sometimes FP interests will come second
• Development aid funding collective European
  action approaches (rather than political
• Diminishing development expertise?
          What is still at stake? (II)
• What type of development policy? What do “poverty
  eradication” and “policy coherence for development”
  commitments really mean?
• Increase coherence, consistency, capabilities and
   –   Which policies under EAS?
   –   Policy coherence with what and for what?
   –   Will all capabilities be integrated?
   –   What power struggle between HR and Presidencies?
   –   Will MS really give HR space to formulate common European
       foreign policies?
• What type of European diplomacy?
• Increased impact?

N.B. Reviews to take place at end of 2011 & 2013.
                     Further reading
• Centre for European Policy Studies:

Lisbon five months on: Surveying the new EU political scene
What kind of political actor will the Lisbon EU be?

Rewriting the ground rules of European diplomacy - Timo Behr, Aaretti Siitonen
  and Johanna Nykänen (Finnish Institute of International Relations)

• Trade Policy under Lisbon
Aprodev - Lisbon Treaty and impact on EU Trade Policy

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