Who Will Profit from the Lisbon Treaty in the Field of Justice and Home Affairs - Essay Example

WHO WILL PROFIT FROM THE LISBON TREATY IN THE FIELD OF JUSTICE AND HOME AFFAIRS? TABLE OF CONTENTS INTRODUCTION ................................................................................................................3 2. The European Economic Community (1953) ............................................................... 3 3. The Maastricht Treaty (1992) - The 3 Pillar Structure ............................................... 5 3.1 The European Community, (ECSC, and EURATOM ................................... 5 3.2 The Common Foreign and Security Policy ..................................................... 5 3.3 The Home Affairs Pillar ................................................................................... 6 4. Changes to the Legislative Bodies and Voting System of the Lisbon Treaty ............ 7 5. The Creation of the Justice and Affair Council to Deal with National Identities and Problems of Unification........................................................................................... 8 6. European Parliament and the International Economic Arena ................................... 9 7. A Larger European Union: Fewer Europeans, Immigration and Asylum Laws ..... 11 8. Conclusion ....................................................................................................................... 12 INTRODUCTION The creation and development of the European Union has been over 50 years of treaties and policies. It started first as a group of 6 nations and the EU now a Union of 27 nations. Three documents will be chosen to illustrate the need for constant adaptation in treaties as our social, political and economical environment has continued to change since the inception of the EEC in 1953. The parts of the treaties significant to the Treaty of Lisbon will be studies in order to illustrate the importance of change within the European Union. The Lisbon Treaty ratified in 2009 takes into account the changes in society which were non-existent 10 years ago. The Maastricht Treaty has a legal frame work which no longer requires the same liaisons among nations of the EU in the field of Justice and Home Affairs. The European Union was more internally structured and served as a consulting organization. The Treaty of Lisbon changes the structure to work outwards. The documents, which will be used as reference are the Council of European Communities (1953), the European Union of (1992) and the Treaty of Lisbon (2009). The benefits of the Treaty of Lisbon will be propagated through the whole treaty. The infrastructure of the EU will be modified: the voting system will be changed and the pillar system will be changed. Specifically affecting Justice and Home Affairs will be the creation of several new working structures. 2. THE EEC The Council of European Communities was ratified in 1953. The European court was established. The European Council which was not yet under the tutelage of the EEC (EU) established the treaty of Convention for the Protection of Human Rights and Fundamental Freedoms. This convention which is still being used today was made an official charter of the European Union with the Treaty of Lisbon. Ireland which has the right of vote in any changes in the EU administration confirmed that they still have the right to decide the Fundamental Freedoms of their population such as the right of abortion and homosexuality. National Constitutions take precedent over the EU. This point will be elaborated when national identity versus European identity is discussed as a Home Affair. In 1953, the European Community was established for economic purposes in the coal and steel industry and the atomic energy community among 6 European nations. European security was an issue as a result of World War II. Armament remains an important industrial commodity to any national or nations internal security. There were two communities and one arbitrative institution to verify that they upheld the wishes of the 6 nations. Europe had just finished World War II and there were still dictators in Spain and Portugal. The EEC was never given enough control to enact laws. The European Economic Community was to observe economic issues and the European Automic Community were to control what was being produced. No European nation was to have the individual power of producing its own nuclear armament without having to answer to a higher institution. European safety in the light of war was an issue. This treaty was planned for a period of 50 years. It set the precedent for European safety as well as movement beyond national borders. The European Charter for Human Rights was yet to be part of the European Union. 3. Maastricht Treaty/ The European Union Treaty The Maastricht Treaty changed the name of the EEC to the European Communities. In 1993, the European Union treaty was ratified to include more than economic policies. It involved cross border issues as transportation, environment, taxes, duties, research and development. Title VI made provisions for Justice and Home Affairs (www.erotreatis.com). Civil liberties and Human Rights were to be respected according to the policies of European Convention for the Protection of Human Rights and Fundamental Freedoms. 3.1 FIRST PILLAR The first pillar was comprised of the European Community, the European Coal and Steel Community (ECSC), and Euratom. Member States shared their governing powering through these community institutions establishing "The Community Method". The proposal was made by the European Commission; adopted by the Council and Parliament and monitored by the Court of Justice. There are two important roles to bring to light: "codecision" of the Council and the Parliament; and the "consulting" role of the Court of Justice. These two factors will play an important role in the changes made in the Treaty of Lisbon. They will benefit the Justice and Home Affairs Council. 3.2 THE COMMON FOREIGN AND SECURITY POLICY PILLAR The second pillar established Common Foreign and Security Policy (CFSP). Member States could take joint action at unanimity. There is question of democracy when there is a representative vote of the country or the number of member voting representing the country. This pillar is the decision making process of intergovernmental decision-making. The commission and the Parliament have no say. This pillar replaced the single market. 3.3 THE HOME AFFAIRS PILLAR The third pillar or Home Affairs Pillar also dismissed Parliament and the Council. It was an intergovernmental process which required unanimity for all decision making processes. All European policies of security were being decided between intergovernmental commissions with no right of vote among smaller nations. All decisions made were made by unanimous vote of representation of countries and not members. The Treaty of Lisbon creates a system of vote to guarantee European security and freedom through the cooperation of a nations and not the representatives of nations. 4. CHANGES TO THE LEGISLATIVE BODIES AND TO THE VOTING SYSTEM The pillar system created problems. The regulatory pillar (EC) had less power to vote in referendums and policies. The European Parliament and the Commissions took over as consulting roles . The policy of voting was determinant of the number of votes one nation had and had to be unanimous. The structure of the European Union became ineffective in enforcing policies. There was too much negotiating and not enough effective policy planning. The Schengen agreement showed the capacity of the externalization of the Justice and Home Affairs Pillar as far as a centralized system of passports and the beginning of open borders with those who signed the agreement. At the turn of the century, the political, economic and social situation of the world went through changes where few nations were ready to handle. The fall of communism in most of the world, the change of economic super powers, the start of new wars… Crime no longer had borders. After 911, terrorism became a reality for the world, financing terrorism, data infringement and the internet. The list goes on. Corroborating between countries within the European Union was no longer as effective. The European Union was no longer meeting the needs of the 21rst century. The balance of power, system of vote, and the legislative bodies were not indicative of the Member Nations as they existed in the year 1993. The pillar system changed from three bodies of co-existence to a legislative system of a Council, one Commission and the European Parliament. Voting will change from a qualified majority predetermined by the size of the Member nation, to a double majority. By the year 2014, in order for a procedure to be put into law, it must be passed by 55% of member states and 65% of the number of members of the EU. This system of voting can be blocked by any Member State until 2017. The council can no longer vote in private when it deliberates and votes on European legislation (Lisbon Treatys Background 2009) This change is legislative procedure between Parliament and Council will propagate through 40 different fields. The Justice and Home Affairs benefits the most by the change in the elimination of the pillar structure. Quality Majority Voting or "co-decision" changes from the consultation body of the parliament with the unanimous voting power of the Council. The main areas which no longer require a unanimous vote within the Treaty of Lisbon are dealing with visa requirements, civil protection and legal immigration. Areas dealing with internal social problems such as family law, internal police activity, passports and identity cards still remain under unanimous vote by the Council. The right of new legislative acts is now under the power of the European Commission or from 25% of EU member states in the cooperation of criminal and administrative matters. Family and social law continue to remain under the same unanimous vote of the Council and Parliament serving in its consulting role. 5. THE CREATION OF THE JUSTICE AND AFFAIR COUNCIL TO DEAL WITH NATIONAL IDENTITIES AND THE PROBLEMS OF UNIFICATION The acceptance of the Justice and Home Affair Council questions nations identities. The old boys club of 27 different countries locked into a room were ready to come out to work as a union of Europeanisation as long as national identities of member nations would remain intact. At two ends of the spectrum, the political integration and economics of the European community are at full speed, and the nationalistic loyalties and feelings are towards individual countries. Nationalism is stronger than a unified Europe. When the Treaty went up for vote in Ireland and the Irish questioned the Human Rights and Freedom Charter affecting their national identity, they were assured that their constitution comes before any European Treaty. National identity and Europeanisation can exist peaceful side by side. The Euro indicator represents only a small proportion of European States. Statistics show that European consolidation and European individuality can coincide. Research data indicates that reasonable national pride is also a necessary element of pan-European co-existence. According to Hodges and Woolcock, (1996) acknowledgement and acceptance of its existence are a viable asset. There are socio-psychological and sociological studies showing that strong nationalistic sentiments can also co exist with European feelings of attachments. Strengthening pan-European association does not categorically undermine national sentiment. Contrary to belief, empirical studies have established that people with national local identities can also have substantial internal and European Union-level bonds. Unification becomes easier when the social network of a country is solid. Populations must believe the necessity of European unity as a practical tool for provided ones well-being and security. According to Bretherton, and Vogler, (2006) the Treaty of Lisbon points out that populations must be united to European allegiance in order to be well incorporated into the EU. The concept that affiliation to the EU-level identity is separate from the national identity is part of the Home Affairs. According to the nested identity concept, EU-level affiliation is included within the national affiliation." 6. EUROPEAN PARLIMENT AND THE INTERNATIONAL ECONOMIC ARENA A significant aim of the Lisbon Treaty is to guarantee that the European Union remains effective in subsequent policymaking . The Lisbon Treaty is to ensure that the European Union remains effective as more nations become part of the EU. According to Evenett, (2007) the External trade policy created in the Agreement of Rome is an area in which the European Union has been a significant player for some time. The Treaty of Lisbon shows the importance that its variation in strategy will continue to be a vital decision making factor in the role of Europes economic export policy. Three main changes in the treaty: share EU qualified technology to address more trade-related issues and foreign direct investment dealing with trade; increase the role of the European Parliament by giving it joint powers with the Council in determining the parliamentary model in which to operate by helping the EP to have a more active role in decision making of merchandise agreements; and Using EU resources for humanitarian aid, growth and global assistance The official situation of the EP in European Union exterior policy of trade is enhanced by the power of quality majority vote. in three main functions throughout the Lisbon Treaty. According to Young and Peterson, (2006) First, Lisbon Treaty Article 207(2) submits that the EP and Council performing by resources of convention in agreement with the common parliamentary process will approve the method important to the structure to enforce the ordinary business policies (i.e. external trade). This commerce policy is the new term for combined decisions. This stipulation earnings that the EP now shares powers with the Council to adopt ordinances on topics such as anti-dumping, precautions and the Trade Barriers Regulation (TBR). Changes are foreseeable in European identity, as we once again become a viable trading entity. The Treaty of Lisbon gives more power to the legislative bodies to make Europe more operative. In the international market place, there are those who have indicated that the European Union has faced corrosion over a certain duration, because of the development of other countries. It is not an insignificant detail that the European Union has negotiated away a great deal of its influence in mutual business deals. According to Bretherton, and Vogler, (2006) in addition to the speculation in the European Union to the limited capacity of the strength of the Lisbon Treaty which was anticipated , it has opened the doors to the Union being beguiled to trade risques , the Union has the possibility of relinquishing its speculation in terms of the treaty rather than making things worse and losing its credibility even more with the other financial markets. Economic development is improbable as to add anything to the relative market power of the European Union, as many European Union industries are already opened. According to Evenett, (2007) as a consequence, it must be accepted that the European Union will face a constant attrition due to its comparative location. and the long term business relationships using the asymmetry in monetary markets more than any other nations.. There is a common bond both financial and multilateral. The European Union is a credible set of Member States with the goal of common Justice, Home Affairs and Union Security. There are other elements privileging bilateral accesses, such as the reality that the European Union is by its environmental multilateralism and has a critical concern in exerting the believability of mutual instaurations. 7. A LARGER EUROPEAN UNION, FEWER EUROPEANS,IMMIGRATION AND ASYLUM In the world an extremely effectual “Europe” requires the Treaty of Lisbon as it is initially indicated. Secondly, an effectual mutual structure requires less Europeans and a larger European Union infrastructure to maintain (or regain) its authority. Europe must modernize its existence. This is not basically a substance of extent but also of excellence, and it expects sensible and reasonable trade-off s both internal and external areas of European Union. According to Young and Peterson, (2006) it also gets an identical substantial required from most European Union countries. The Treaty of Lisbon leaves some units, and the VP/ HR and the EEAS are significant foundations of the new building. The deal involving Van Rompuy and Barroso on G-8/G-20 summits whereby the EU as such will be represented by a single delegation is a small positive inter-institutional movement in that instruction, although it leaves some grey areas that could lead to new detriments earlier rather than later and affords a good feeling of the higher complications of the new institutional position. The asylum powers and immigration of the European Union might be extensive by the legitimate Treaty in two main types. It might provide the Court new capabilities in this ground by giving it legal power over interior matters, and also by making the Charter of Central Rights lawfully attaching. According to Hodges and Woolcock, (1996) The Constitutional Treaty also sets out a model and an effectual basis for the additional growth of the European Union ordinary sanctuary and system of the immigration. The improved quality of the Court is possible to influence not just on whether applicants gain institution or the correct of accommodation, but also on the happiness and work claims of migrants and asylum applicants. It might end the national veto over legal replacement issues. The Government required concluding the position of the Court in this area in a modification but the changes it requested were not made. 8. CONCLUSION The Treaty of Lisbon change the Pillar structure of voting and gave validity to the Parliament and Council as legitimate legislative bodies. The creation of the quality majority vote gives the potential of an externalization of the European Union and legitimize any work of the Justice and Homes Affair Council as the Council no longer remain in its consulting position. As the EU begins to make ground in internal affairs which effect the security and existence of its citizens, the trade strategies will gain in strength. National identity means more today than in the last century as it can be taken away from our borders with just one bomb. The Treaty of Lisbon changing the voting system will enable the Justice and Homes Affair Council to enforce Union security, establish union identity and arbitrate trade agreements. There is a close relationship between identity, security and economic stability. References Background The Lisbon Treatys Impact on the Justice and Home Affairs Council: More Co- Decision and New Working Structures, General Secretariat of the Council of the EU December 2009 Retrieved January 21 2011 http://www.consilium.europa.eu Bretherton, C. and Vogler, J. (2006). The European Union as a Global Actor, second edition. Oxford: Routledge. Evenett, S. (2007). Global Europe. An initial assessment of the European Commission’s New Trade Policy. Retrieved January 8 2011, from http://www.evenett.com/articles.htm Information NoteTreaty of Lisbon, General Secretariat of the Council of the EU December 200 9 Retrieved January 21 2011 http://www.consilium.europa.eu Hodges.M and Woolcock. S (1996) The European Union in the Uruguay Round: The Story behind the Headlines. in Wallace. H.S. and Wallace. W Policy Making in the European Union, OUP. Meunier, S. (2000). What Single Voice? European Institutions and EU–U.S. Trade Negotiations. International Organization, 54(1), pp.103–135. Meunier, S. and Nicolaidis, K. (2006) The European Union as a conflicted trade power, Journal of European Public Policy, 13(6), pp.906-925. Woolcock, S. (2003). s: a Failed Negotiation Ploy or a Litmus Test for Global Governance. Intereconomics, December 2003. Woolcock, S. (2009). External trade policy: a further shift towards Brussels in Polack, M. Young, A. R. and Peterson, J. (2006). The EU and the New Trade Politics. Journal of European Public Policy, 13(6) pp.795-814. Young, A. and Wallace, H. Policy Making in the European Union, 6th edition. Oxford: Oxford University Press. Read More