2 Lisbon Treaty: The impact on Europe economically, politically, socially, and militarily to assume new word role.
The Treaty of Lisbon or what was earlier known as the Reform Treaty is a treaty signed by the EU member states on 13 December 2007. The treaty entered into force on December1, 2009. The Treaty empowers European Union members, institutions and tools to effectively and efficiently address the challenges posed by the modern globalizing world order. Some of the critical issues that EU needs to address today are security, energy, climatic and demographic changes and globalization. The Treaty is a democratic step that promises to address interests of the citizens of Europe. The Treaty can be understood in the context of the constantly changing, ever more interconnected world with new challenges that need collective response to the common problems of security threats, climate change and the need for sustainable energy sources. These challenges go beyond national borders and as such the nations cannot meet these challenges alone but the unified Europe can address these issues successfully. The Europe needs to modernize and expand. Recently, the member nations increased from 15 to 27. The Treaty is designed to face collective challenges under the frame work of new rules and agreements (europa.eu).
3 Main Section
It is noteworthy that the Treaty of Lisbon does not replace but merely amends certain provisions of the EC treaty or the Treaty of Rome and the Treaty on European Union also known as the Maastricht Treaty. The amendment to the EC Treaty has been made to provide organizational as well as functional details along with most of the substantive provisions of the EU primary law. The European Union Treaty is amended to essentially set out the objectives and principles of the EU and to provide for a common foreign and security policy. Besides, some changes have been made in terminology, the numbering of key provisions, and the treaty articles dealing with state aid. The Treaty makes EU a single legal personality that replaces and succeeds the European Community, and all references to “Community” and “European Community” are replaced by the term “Union”. The EC Treaty is now known as the treaty on the Functioning of the European Union. Similarly, the European Court of Justice is now known as the Court of Justice of the European Union (the CJEU) and the Court of First Instance is now renamed the General Court. Some amendments have also been made in the numbering of the treaty articles in the TEFU. The articles in the old treaty provision(s) that have been amended in the new articles provisions(s) are Articles 81, 82, 86, 87 and 88 in the old treaty. They have respectively changed into Articles 101, 102, 106, 107 and 108 respectively. The current Article 101 prohibits anti-competitive agreements; 102 prohibits abuse of dominance; 106 provides an exclusion from the above two provisions for undertakings engaged in services of general economic interest and for revenue producing monopolies; Articles 107 and 108 prohibit national authorities from granting state aids that distort trade and competition in the EU. The other amendments made in the articles from old to
4 new treaty provisions are Article 226 to Article 258, Article 280 to Article 268, Article 282 to Article 265, and Article 284 to Article 267. Article 258 allows for a challenge of a Member State’s failure to fulfill a Treaty obligation; Article 268 allows for review of legality of acts of the EU institutions; Article 265 allows for review of an EU institution’s failure to act; and Article 267 allows national courts to make a preliminary reference to CJEU (Mayer Brown 2009).
The numbering in the Treaty articles in TEFU on State aid provisions has been amended. We might briefly list some of the re-numbered key...