Critical analysis carried out according to the official official statements of presentation of the treaty of Lisbon. The original text was maintained in small characters, our comments are in fat. Text found on the “gate of the government”.
Why doesn't one speak any more a “ constitutional” treaty?
The Twenty-seven ones gave up the idea of a constitution abrogeant the former treaties. The treaty of Lisbon takes again the traditional method (which makes it possible to avoid any democratic debate) of modification of the existing treaties, in particular the Treaty of Rome of 1957, the European single act of 1986, the treaty on the European Union (Maastricht of 1992, the treaty of Amsterdam of 1997, and the treaty of Nice of 2000. It does not replace these treaties, it supplements them and modifies them. Which is the structure of the treaty?
The first two articles modify the two existing treaties The treaty on the European Union (reinforced institutions, co-operations, foreign politics and of safety, policy of defense). The treaty on the European Community, which becomes the “treaty on the operation of the Union ". This last specifies competences and fields of action of the Union. It especially makes it possible to discreetly sell off the last attributes of national sovereignty. Articles 3 to 7 are final provisions.
Which are its objectives?
Officially, the objectives of the treaty of Lisbon hold of the catalogue of good intentions. Example: The objectives of the European Union are “peace, the wellbeing of the people, a space of freedom, of safety and justice, the full employment, the social progress, a social market economy highly competitive, the fight against social exclusion and discriminations, the protection of the citizens " (article first, point 4). Force is to note that for 15 years, the assessment of European construction has been very far from the fair promisess and of the announced statements of principle. In its main trends, the treaty of Lisbon aims improving institutional operation of a Union which counts from now on twenty-seven States members and at providing a solid base for the action of the European Union. For example, while passing in the majority qualified in more than thirty fields of action. The rejection of the European constitution absolutely did not block the European institutions which continued to function normally and accomodated in their centre 12 countries of Eastern Europe. The passage in the majority qualified completes to weaken the bargaining power of the nations vis-a-vis European Moloch. From now on a European act will have to be approved by 55% of the Member States joining together at least 65% of the population. Germany while inserting Turkey in the European Union thus will ensure itself with the support of some small states of Central Europe which are acquired to him and by its policy of traditional alliance with the sublime door of raising, its political domination on all the continent. To make the EU more democratic:
European construction involves a distance between the citizen lambda and the décisionnaires which are not any more of the local councillors but senior officials comfortably installed in Brussels and which is completely cut populations which undergo the consequences of their decisions. In fact, the bond between the political decision makers and the citizen are broken. The Member States acquire with the Council a weight proportional to their population; This principle with always existed even if in the facts, the small nations are surreprésentées compared to the large countries. On the other hand, the abandonment of the rule of designation of a police chief per Member State and the reduction from 27 to 18 the number of European police chiefs will deprive a number of nations (of which possibly France) of any representation within the European Commission which is the organization décisionnaire. The president of the Commission is elected by the European Parliament
A president of the Council of the EU will be appointed by the Member States every two years and half, for more continuity in the action. The first president will exert his functions after the French Presidency of the European Union, of July 1 to December 31, 2008. It is the end of the revolving presidency which made it possible each nation to in turn assume the direction of the European Union. What will involve a reinforcement of European technostructure at the expense of the national representation. The national Parliaments can control the action of the Union.
In the facts, the control of the acts of the Union by the national parliaments is non-existent. The texts of laws adopted in Brussels incomplete, are not translated, and when they are transmitted (what is random), they arrive out of the deadlines where they could have been disputed. Even by imagining that the procedure of forwarding of European texts at the national parliaments are done under good conditions, the superiority of the European right on the national law makes it possible to prohibit any recourse.
Supervisory powers are not a capacity décisionnaire. A “top representing for the Foreign Affairs and the policy of safety " will intervene in the name of the European institutions in the international authorities when the Union adopts joint positions. It will be responsible at the same time in front of the Member States and the European Parliament. It is the end of any presence of the French diplomacy in the large international organizations.
Does it take in account the concerns expressed in 2005 in “not” with the constitution?
The objectives of the Union do not mention any more competition (article first, point 4, and article 2, point 12 of the Treaty). This one becomes one of the tools to the service of the consumers. Actually this article was moved and by no means removed. Besides one finds it in all the former treaties which although modified always have the force of law. The public services are protected by a protocol which has even value that the treaties (protocol n°9). Completely false: European logic, the public services enters within the framework of the European directive of the services and are subjected to competition. In the facts, the public services will be dismantled. The European Union is given for objective for the first time to protect its citizens within the framework from universalization (article first, point 4). A general social clause forces to take into account the “requirements related to the promotion of a level of raised employment, with the guarantee of an adequate social protection, with the fight against social exclusion like on a level of education, training and protection of human health ". Still a fair promises which does not cost anything and which is contradicted the every day by the actions led to the daily newspaper by the European Union. The Charter of the basic rights becomes opposable. The European citizens will be able to put forward it in front of a judge to make cancel acts which do not respect it or are against the rights which it contains. To divide to reign. The Charter of the basic rights whose utility and range are lower than the declaration of the human rights and of the citizen which is registered in preamble to the French constitution of 1958, becomes a weapon of war in fact aiming at opposing the citizens to the states nations thus making it possible the Court of Justice European of Luxembourg to be posed as a referee and recourse. Fundamental balances of the system of French social security are preserved (article 2, point 51). But, not its financing! More the official text of the treaty of Lisbon (format pdf), on the site of the Ministry for Foreign Affairs and European.
