Part 6 & 7 of the TFEU and the Protocols


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Title I sets out some of the more technical features of the institutions bearing in mind the TEU has described them generally. The new double majority voting procedure is set out with 55% of countries and 65% of population. The no side only represent one side of this equation of course…could this be deliberate. With the need for a majority of states Ireland effectively has the same number of votes at the Council as the largest members. Of course QMV is rarely used and the new double majority may make it easier to pass a limited number of proposals. Similarly Ireland tends to be on the “winning side” in QMV votes more often than not.

 

More detail is provided on the legal acts of the EU and the different legislative procedures. Generally these are simplified. Much of what already exists is formalised and codified. Again provisions on advisory bodies is codified.

 

Title II covers financial provisions. This covers budgeting, own resources and combating fraud. There is little new in it

 

Title III covers enhanced co-operation. This sets out in more detail the provisions covered in the TEU

 

Part 7 covers general and final provisions such as staffing, overseas territories and languages, it is quite technical and there is little new in it.

 

Protocols

 

These are an important area of the treaty and can be seen as appendices with the same legal power, usually giving more detail on a specific area.

 

The Role of National Parliaments receives a full protocol and sets out how national parliaments are to have a greater involvement in the legislative process. Much of this is new or at least developed. Similarly the Protocol On The Application Of The Principles Of Subsidiarity And Proportionality is changed and developed. This covers the so called yellow card procedure for national parliaments.

 

A Protocol on the Euro Group provides for informal meetings of those countries whose currency is the Euro. There is a significant Protocol on integrating the Schengen Acquis (rules) into the treaty. Ireland has an opt out/in in this area as it does in the Protocol on Art 22a and 26 of the TEU covering the Common Travel Area and another on the Area of Freedom Security and Justice relating to police and judicial co-operation.

 

There is another Protocol on Permanent Structured Co-operation this covers the form of enhanced co-operation used in security and defence matters, it is similar but with more safeguards built in due to the sensitivity. There is also a specific Protocol on Acceding to the European Charter of Human Rights and on The Internal Market And Competition

 

The UK and Poland have a specific Protocol on the Charter of Fundamental Rights that they seemed to think was necessary and a Protocol on Shared Competencies

 

There is a new Protocol emphasising the importance of Services of General Economic Interest and the introduction of the New System of QMV and Transitional Provisions

 

A number of protocols contain only the most basic changes in terms of name of minor issues these are protocols on; The ECJ, The ECB, The European Investment Bank, The Location and Seats of Institutions!, Privileges and Immunities, Excessive Deficits, Convergence Criteria for the Euro, The UK and the Euro, Denmark and the Euro, Other opt outs for Denmark, Currency in French Overseas Territories, Crossing external borders, Asylum, Co-operation with the WEU, The Netherlands Antilles, Property in Denmark, Public Broadcasting, treatment of certain social security benefits, on economic, and social and territorial cohesion, Greenland, abortion in Ireland, The European Coal and Steel Community

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