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Chapter 2 of 5

Negotiation

The Art of Diplomacy

The Intergovernmental Conference (IGC) that convened in 2007 to draft what would become the Treaty of Lisbon was a testament to the intricate art of diplomacy. Held primarily in Brussels, the negotiations brought together representatives from all 27 EU member states, each with their own priorities and red lines. The venue, the Justus Lipsius building, served as the backdrop for intense discussions that would reshape the European Union’s future.

At the table were key figures such as Angela Merkel, the Chancellor of Germany, who played a pivotal role in steering the negotiations towards a successful conclusion. Merkel’s leadership was instrumental in bridging the gap between integrationist and more sovereignty-conscious member states. Alongside her was Nicolas Sarkozy, the President of France, who was keen to restore France’s influence within the EU after the rejection of the European Constitution.

The United Kingdom, represented by Prime Minister Gordon Brown, approached the negotiations with caution. The UK was particularly concerned about preserving its national sovereignty and securing opt-outs in areas such as justice and home affairs. Brown’s government was under pressure from Eurosceptic elements within the UK, making his negotiating position more complex.

The negotiations were marked by a series of proposals and counterproposals, as member states sought to protect their interests while contributing to a more effective EU. One of the most contentious issues was the voting system in the Council of the European Union. The proposed shift to a double majority voting system, which required the support of 55% of member states representing at least 65% of the EU’s population, was a significant change that required careful negotiation.

Another critical area of discussion was the role of the European Parliament. The treaty aimed to enhance the Parliament’s powers, particularly in the legislative process, to address concerns about the EU’s democratic deficit. This was a key demand from member states like Germany and the Benelux countries, who were strong proponents of increasing the EU’s democratic legitimacy.

The creation of the position of High Representative of the Union for Foreign Affairs and Security Policy was another major point of negotiation. This role was designed to provide greater coherence in the EU’s external actions, a necessity in an increasingly multipolar world. The position would combine the roles of the European Commissioner for External Relations and the High Representative for Common Foreign and Security Policy, a move that required careful balancing of institutional powers.

Despite the complexity of the issues at hand, the negotiations were characterized by a spirit of compromise and pragmatism. The memory of the failed European Constitution loomed large, reminding negotiators of the importance of crafting a treaty that could be ratified by all member states. This pragmatic approach was evident in the decision to retain much of the substance of the Constitution while presenting it in a different form, avoiding the need for referenda in most countries.

The breakthrough came in October 2007, when the IGC reached a consensus on the final text of the treaty. The agreement was a delicate balance of interests, reflecting the diverse priorities of the member states. It was a testament to the skill and perseverance of the negotiators, who had managed to forge a path forward for the EU.

On December 13, 2007, the Treaty of Lisbon was signed by the heads of state and government of the EU member states in a ceremony held at the JerĂłnimos Monastery in Lisbon, Portugal. The signing marked the culmination of a complex negotiation process and the beginning of a new chapter for the European Union.

The treaty’s signing was a moment of celebration and relief, as it signaled the EU’s ability to adapt and reform in the face of challenges. However, the journey was not yet complete, as the treaty still required ratification by all member states before it could enter into force.

The Treaty of Lisbon introduced several significant changes to the EU’s structure and functioning. It amended the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), the latter being renamed the Treaty on the Functioning of the European Union (TFEU). One of the key changes was the enhancement of the role of the European Parliament, which gained increased legislative powers through the ordinary legislative procedure, formerly known as the co-decision procedure. This change aimed to address the EU’s democratic deficit by giving the Parliament equal footing with the Council of the European Union in most areas of legislation.

Additionally, the treaty established the European Council as an official EU institution, providing it with a permanent President elected for a two-and-a-half-year term, renewable once. This position was created to ensure greater continuity and coherence in the EU’s strategic direction. The first person to hold this position was Herman Van Rompuy, a former Prime Minister of Belgium, who took office on December 1, 2009, when the treaty came into force.

The treaty also introduced the Citizens’ Initiative, a mechanism allowing EU citizens to directly propose legislation, provided they gather at least one million signatures from a significant number of member states. This initiative was intended to increase public participation in the EU’s decision-making process and enhance the democratic legitimacy of the Union.

Furthermore, the Treaty of Lisbon clarified the distribution of competences between the EU and its member states, categorizing them into exclusive, shared, and supporting competences. This clarification was crucial in addressing concerns about the overreach of EU powers and ensuring that member states retained control over areas not explicitly conferred to the EU.

The treaty’s provisions on the Common Foreign and Security Policy (CFSP) were also noteworthy. It aimed to strengthen the EU’s external action by creating the European External Action Service (EEAS), a diplomatic corps to support the High Representative in implementing the CFSP. This development was seen as a step towards a more unified and coherent EU foreign policy.

The strategic implications of the Treaty of Lisbon were profound. By streamlining decision-making processes and enhancing the EU’s institutional framework, the treaty aimed to make the Union more effective and capable of responding to global challenges. It also sought to position the EU as a more influential actor on the world stage, capable of speaking with one voice in international affairs.

However, the treaty was not without its critics. Some member states and political groups expressed concerns about the loss of national sovereignty and the increasing centralization of power within the EU. In the UK, for example, the treaty became a focal point for Eurosceptic criticism, contributing to the growing debate over the country’s relationship with the EU, which would eventually lead to the Brexit referendum in 2016.

In scholarly assessments, the Treaty of Lisbon is often viewed as a pragmatic compromise that addressed some of the EU’s institutional weaknesses while stopping short of creating a fully federal Europe. It is seen as a reflection of the EU’s ability to adapt and evolve in response to internal and external pressures, balancing the diverse interests of its member states with the need for greater integration.

The Treaty of Lisbon’s long-term impact on the EU’s development continues to be a subject of analysis and debate. While it succeeded in enhancing the EU’s institutional framework and democratic legitimacy, challenges remain in areas such as economic governance, migration, and foreign policy. The treaty’s legacy is one of cautious optimism, highlighting the EU’s capacity for reform while underscoring the complexities of achieving consensus among its diverse member states.