The Lisbon Treaty and its
Implications for civil
society working in
development
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
policies
SECTION 1
LISBON TREATY: CHANGES
IN POWER
7 MAJOR CHANGES IN POWERS
UNDER LISBON…
1.
2.
3.
4.
5.
6.
7.
A President of Europe
A European “Foreign Minister”
European Delegations
Europe has a legal personality
Council has more consensus
Parliaments increase powers
Citizens have a direct way to have a say
1. Europe has a President
WHAT DOES A PRESIDENT DO?
THE THEORY…
N.B. President of European Council. It’s not the same as President of
Europe
Tasks
• 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
WHAT DOES A PRESIDENT DO?
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
WHAT DOES A FOREIGN
MINISTER/HIGH REP DO?
THE THEORY (I)…
ANSWER: MUCH MORE THAN SOLANA
3 ROLES ROLLED INTO ONE
- 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 /
conferences.
• 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
control
• Internal EC coordination – she heads up
External Commissioners
• EAS – big turf-war, big distraction, impeding
analytical/propositional capacity
• External Representation is a messy picture
WHO REPRESENTS THE UNION?
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)
BASIC FUNCTIONS
– The EEAS will be sui generis institution. Will it be attached to European
Commission?
– 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
service.
– 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 DELEGATIONS
– 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
services.
– 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”
WHAT DOES IT MEAN?
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
legislation.
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
http://ec.europa.eu/dgs/secretariat_general/citizens_initiative/docs/com_2009_
622_en.pdf)
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
7 MAJOR CHANGES IN POWERS
UNDER LISBON…
1.
2.
3.
4.
5.
6.
7.
A President of Europe
A European “Foreign Minister”
European Delegations
Europe has a legal personality
Council has more consensus
Parliaments increase powers
Citizens have a direct way to have a say
WINNERS & LOSERS
- WHO HAS THE POWER?
- HOW TO INFLUENCE?
Conclusions & lessons
• Simultaneous trends towards “federalism” &
“intergovernmentalism”
• Diminishing faith in EU political system – Lisbon rejection,
Stablity & Growth Pact
• Increasing Bxl-based power does not mean increased Bxlbased influencing
– National influencing still has the biggest impact
– Regardless of institution, individuals driven by individual
interests/approaches
– 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
LISBON TREATY: CHANGES
IN POLICIES & POLICYMAKING
The Lisbon Treaty & Development
Policy
•
•
•
•
•
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
Treaties.
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 coordination. "
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
Positions
EC preserving community method/foreign policy control
Council – safeguarding national prerogatives, promoting a maximally functional
service
EP democratic oversight (why does it matter?)
No agreement to date…
Key reference documents
1. October Council Decision 2009 - setting parameters for subsequent
decisions
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
Commission
• 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
1.
GENERAL SECRETARIAT OF THE 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)
Departments under the direct authority of DGEUMS
Concepts and Capability Directorate
Intelligence Directorate
Operations Directorate
Logistics Directorate
Communications and Information Systems Directorate
EU Situation Centre (SITCEN)
Exception:
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
·
·
·
o
o
o
o
o
o
·
GSC officials on secondment to European Union Special Representatives and CSDP missions.
Staff Transfers - Commission
2.
COMMISSION (INCLUDING DELEGATIONS)
·
·
·
·
·
·
·
·
·
·
·
·
·
·
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)
·
·
Exceptions:
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
·
Exceptions
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
Role
EC Delegation + Presidency combined
– Convening coordination meetings of EU member states’ embassies
– Local representation of the EU in matters pertaining to CFSP and
CSDP.
– Heads of delegation will also be empowered to speak on behalf of the
EU as a whole
– Financial powers?
– Crisis management structures?
– Consular powers
Timetable
By the end of the Spanish presidency, approx 50% of Delegations
will be under EAS structures. To be completed by Belgian
Presidency.
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
programming…
1. Country Allocation
2. Country Strategy Papers
3. Multiannual programming
4. Annual Programming
5. Implementation
PRE LISBON
• Development instruments
split – EDF = DG DEV, DCI =
RELEX phases 1-3
• AidCo responsible for 4-5
EDF + DCI
• No role for High
Representative
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 policymaking and implementation
– Universal approach to policy-making across countries
– Neighbourhood, ACP, ALA
• Exceptionalism towards development aid vis-àvis 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
alignment)
• 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
visibility?
–
–
–
–
–
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:
www.ceps.eu
Lisbon five months on: Surveying the new EU political scene
www.ceps.eu/book/lisbon-five-months-surveying-new-eu-political-scene
What kind of political actor will the Lisbon EU be?
www.ceps.eu/book/capital-brussels-what-kind-political-actor-will-lisbon-eu-be
• EAS
Rewriting the ground rules of European diplomacy - Timo Behr, Aaretti Siitonen
and Johanna Nykänen (Finnish Institute of International Relations)
www.
• Trade Policy under Lisbon
Aprodev - Lisbon Treaty and impact on EU Trade Policy
www.aprodev.net/main/Files/APRODEV%20Brief%20Impact%20of%20Lisbon
%20Treaty%20on%20EU%20Trade%20Policy.pdf