The Treaty on the Functioning of the EU is the new name for the Treaty Establishing the EC, effectively the amended version of the original Treaty of Rome. This is really the historic meat of European integration emerging form the establishment of the single market. Given many of these articles have existed for a long time they tend to arise in debate even though often there is no substantial change to what has existed.
Part One gives equal value to the two treaties
Title I sets out the categories and areas of competence of the EU. This is a simplification and clarification of this area. The respective competences of the member state and the Union are set out including exclusive competences of both and shared competences. This is quite a useful check list and of course is legally enforceable by the ECJ.
Areas where policies are co-ordinated are set out and areas where the Union can support, co-ordinate and supplement member states actions
Title II covers provisions having general application, these are effectively cross cutting provisions which shadow and govern other parts of the treaty. These include consistency, equality, a high level of employment, social protection, combating discrimination, environmental protection, consumer protection, animal welfare. There is specific provision on services of general economic interest (public services). Openness of decision making, access to documents, holding meetings in public, personal data. Recognition of national approaches to churches and a dialogue with churches is provided for.
Part two covers non discrimination and citizenship.
There are robust provisions on anti-discrimination. European citizenship is restated and continues to be additional to citizenship of member states, their rights and duties are clearly set out, including free movement, voting, diplomatic protection, citizens initiative, European ombudsman, languages,
Part Three covers Union Policies and internal actions
Title I specifically covers the Internal Market. This has been a cornerstone of the EC/EEC since its foundation.
Title II restates provisions on free movement of goods and customs union. Possibly exemptions are provided for in Article 37. There is very little change here.
Title III restates much of the provision on agriculture and fisheries, the objectives of the CAP are clearly set out. There is little change here but the European Parliament is brought in to the legislative process.
Title IV covers free movement of persons, services and capital. There are no major changes except some extension of QMV
Title V of Part 3 Covers The Area of Freedom, Security and Justice
Many of these provisions were originally introduced at the Treaty of Amsterdam to enhance the notions of freedom of movement. Much of the common provisions represent recodifying of language. One of the new provisions relates to combating the financial side of terrorism. Ireland has secured an opt out or more accurately the right to opt in in much of police and judicial co-operation, immigration and asylum along with continuing an opt out on the schengen passport free travel area. The main difference here is Ireland has expressed a willingness to be part of these arrangements if it can. The opt out gives the Government and the Oireachtas the right to decide and this is contained in the wording.
Much of this area comes in to the “community method” i.e. with a role for the parliament and the ECJ as opposed to the previous intergovernmental method. In fact this is the main change in this whole area
Title VI concerning transport contains no major changes bar some moves to QMV
Title VII covers taxation and competition again there are very few substantive changes here bar one or two moves to QMV, Ireland has also received a legal guarantee on taxation remaining a national competence
Title VIII on economic and monetary policy again contains few changes except moves to QMV
Titles IX, X, XI, XII, XIII on employment, social policy, the ESF, youth sport, education and culture contain no major changes bar some moves to QMV
Similarly Titles XIV, XV, XVI, XVII, XVIII, XIX Public Health, Consumer Protection, Trans European Networks, Industry, economic, social and territorial cohesion, research and technological development and space follow the same pattern
Title XX sees an additional aim of combating climate change added to the treaties. Title XXI and XXII provides for greater co-operation in the area of energy policy and tourism
Title XXIII covers civil protection in areas such as natural disastrous where member state actions will be assisted in a speedy fashion
Title XXIV covers administrative co-operation
Part Four of the Treaty covers association of the overseas countries and territories, there are no major changes