There must be tonnes of newsprint and trillions of gigabytes published on the Lisbon Treaty yet it is hard to find anywhere a blow by blow explanatory guide of the treaty. The Yes and No groups, the Government and the Referendum Commission all produce guides and summaries but in each instance they are selecting what is and isn’t important. They also in my view cow tow to the idea that the whole thing is way to complex for the ordinary person. It’s not. Once you have a copy of the consolidated text you can read the whole thing. The annotated version available online shows the changes aswell. Playing the complexity card strengthens the idea that this is impenetrable stuff.

Very few groups, certainly in the online sphere, have produced an article by article guide. This is important as a huge number of questions in the referenda debates relate to things already agreed or not even agreed. So the idea here in a few short weeks is to produce such a guide in hopefully understandable terms, with some commentary and an idea of what has changed and what has not. All this of course is from a Yes perspective so log off now if that offends you. Of course my view is that any reasonable and objective step by step analysis of the Treaty inevitably leads to support for it.

In most cases nobody would disagree with what are the important issues. However the way debate goes all sorts of things are dragged in to the debate, things which aren’t in the Treaty and often not even in the realm of the powers of the EU. So just looking at the Treaty itself is not always enough, some history and context are required. As always the numbering is that used by the IIEA which is effectively the numbering which will apply if they treaty is passed.

The structure of the treaties is fairly straightforward. The original treaty of Rome founded the coal and steel communities and EEC. Maastricht established the EU which developed areas such as foreign policy, the single currency and the idea of EU action in the field of justice and home affairs. The core of the EU for many years was the single market and things which derived from it. More integrated decision making also developed in this area. Since Maastricht two treaties have existed side by side and one of the major changes from the idea of an EU constitution is to maintain this approach rather than collapsing everything in to one document and approach effectively scrapped after the French and Dutch No votes.

The Treaty of European Union (TEU) originally signed at Maastricht is substantially amended and the Treaty of Rome in renamed the Treaty on the Functioning of the European Union (TFEU). The Treaty of European Union is about 40 pages. Many of the changes proposed originated in the convention on Europe which consisted of elected representatives, this followed the Laeken Declaration which sought to simplify and make relevant the EU and its structures. Ironically it was the No Votes in Holland and France which heralded a return to a relatively more cumbersome structure.

The Treaty on the Functioning of the European Union is longer at xx pages but largely contains most of the historic legal basis of the old EC in the fields of the single market and associated measures. It I reasonable then to ask anybody quoting form these sections wether the provision they are referring to is actually new or has existed for a long period of time and has effectively been endorsed by the people in a previous referendum. This is a fair question to those who reassure is they are not opposed to the EU but just the way Lisbon is bringing it.

The preamble has been changed in the TEU, this was somewhat controversial as a large lobby to have specific reference to Christianity was resisted with a compromise text inserted referring to “religious and humanist heritage”

The first substantial section (Title I) in the new TEU is entitled Common Provisions. This emerged form a desire in the Convention and amongst leaders to set out clearly the role and functions of the EU. These opening articles are important as they are effectively available to the ECJ in interpreting other aspects of the Treaty texts.  

Article One effectively announces the foundation of the European Union which now covers the two treaties. It sets out the need to have open decision making close to the people, this as a common provision applies to the rest of the text.

Article Two sets out the values the EU is founded on including respect for human rights, non discrimination, tolerance and equality between men and women. For those who would dismiss these as flights of rhetoric we must again bear in mind the important legal role of the common provisions. This is a new statement

Article Three summarises some of the main aims of the union in terms of promoting peace, the internal market, combating social exclusion, the Euro and principals in it’s relations with the world which are consistent with the UN Charter. These articles emphasise the need for subsidiarily (decision making as close to the people as possible) and conferral where the EU can only do what it’s member states require of it.

Article Four helpfully sets out what the EU does and what the member states do and how the EU must respect member states and their roles. States must also implement policies agreed together in the Union

Article Five elaborates on the concepts of conferral and subsidiarity. A Protocol is also attached to the treaty on subsidiarity and National Parliaments

Article Six commits the EU to the Charter of Fundamental Rights and also sets out it’s limitations, it also provides for the EU to accede to the European Convention on Human Rights which will apply to the EU and it’s institutions as well as all the member states who have signed it

Article Seven provides for a mechanism to deal with member states who transgress the fundamental values of the EU. This is a new provision and arises form the controversy over the Freedom Party in Austria several years ago. The provisions have a number of safeguards and effectively require a 4/5 majority of member states.

Article Eight provides for relationships with the EU’s neighbours and sets out the values that govern these.

Much of this is new or replaces articles largely arising from the work of the Convention which sought to simplify and consolidate the text and the functions of the EU