European Union

The British parliament has ratified the Lisbon Treaty amid unruly protests, with the country's queen set to approve the document on Thursday (19 June) morning, in time for it to become UK law before the EU summit opens in Brussels. The British upper chamber, the House of Lords, on Wednesday evening voted down by 277 votes to 184 a Conservative Party proposal to delay ratification until October in view of the Irish No referendum last week.

With the queen set to approve the so-called EU Amendment Bill by pronouncing the Norman French formula "La Reine le veult" over the document today, the treaty will become British law around 10:00 local time, ahead of the EU meeting this afternoon.

Two legal challenges remain to the treaty, with Conservative MP Bill Cash calling on the High Court to rule whether the treaty is "incapable of ratification," and millionaire Stuart Wheeler awaiting a High Court decision on whether Britain should have called a referendum.

The EU's 27 leaders are gathering in Brussels to chew and swallow two hot potatoes - how to respond to Irish voters' rejection of the Lisbon Treaty, a set of EU internal reforms, and to the record high oil and food prices. Precisely one week ago, Ireland put on ice the EU's latest attempt to undergo wide-reaching institutional changes aimed at simplifying the way the 27-nation bloc is run and allowing it to absorb more new member states.

So far, EU heavyweights - France and Germany - have insisted that the ratification marathon continues. On Wednesday (18 June), the legal document was ratified by the UK parliament, bringing the overall number of countries to 19. But one diplomat has suggested EU leaders are likely to tiptoe around the eurosceptic government of the Czech Republic, seen as the most unpredictable player when it comes to the ratification process.

EU leaders meeting in Brussels on Thursday (19 June) will spend little time discussing enlargement of the bloc, and are not expected to do more than reaffirm western Balkan countries' "European perspective" – despite greater expectations from some of the EU hopefuls. One such country – Macedonia, an EU candidate since 2005 – has lately been indicating its readiness to start accession negotiations as soon as possible.

Macedonia had had high expectations on starting accession negotiations during Ljubljana's time at the EU helm, as Slovenia – which was part of the former Yugoslavia together with Macedonia – has made the Western Balkans' EU integration a priority of its presidency. Moreover, not winning the announcement of a date now means that Skopje may not start negotiations this year at all, as the next EU presidency country, France, has explicitly taken Greece's side in the name row, and is not expected to put a particular emphasis on enlargement issues.

The EU summit, which starts in Brussels today (19 June), was meant to give EU leaders the opportunity to discuss their first full-time president. But following the 'no' vote in Ireland, they now face the less pleasant prospect of having to reduce the size of the European Commission as currently required by the Nice Treaty.

Background: The Nice Treaty stipulates that when the number of EU member states reaches 27, the number of commissioners appointed in the subsequent EU executive would have to be less than this number, without giving a precise figure.  With the EU now having numbered 27 members since 1 January 2007, there is an understanding that the current number of commissioners exceeds the realistic number of portfolios.  As an example, to accommodate Bulgaria and Romania, Markos Kyprianou, the Cypriot health and consumer protection commissioner, had to abandon the second part of his portfolio in favour of his new Bulgarian colleague, Meglena Kuneva (EurActiv 26/10/06) Similarly, the multilingualism portfolio was taken from Ján Figel, the Slovak commissioner for education, training and culture, and handed to Leonard Orban, the Romanian commissioner (EurActiv 31/10/06).

But following the failed Irish referendum, heads of state and government will instead have to revert to the provisions of the Nice Treaty, which is designed for a Europe of 27 member states, diplomats said.  In short, this means having to consider reducing the number of commissioners to below 27, as foreseen under the current treaty agreed upon in Nice in 2001. In contrast, the Lisbon Treaty envisages reducing the number of commissioners to 15 by 2014. 

After the Irish rejection featured in several diverse discussions throughout this week's plenary session in Strasbourg, the assembly held a debate dedicated exclusively to the issue on Wednesday (18 June).

With all eyes on the EU leaders' summit in Brussels on Thursday, Janez Lenarcic, secretary of state for European affairs for Slovenia, currently chairing the 27-strong bloc, told MEPs that the continued ratification of the treaty looks likely to be supported by all participants at the top-level meeting. "The presidency has held talks with countries which have not yet ratified the treaty, and it is quite encouraging to see that those countries are ready to continue the ratification process," said Mr Lenarcic. The same approach was advocated by the European Commission President Jose Manuel Barroso, who argued that the energy the EU had put in to drawing up its internal reform "cannot go to waste."

The EU yesterday (17 June) opened two new pre-EU accession negotiation chapters with Croatia and Turkey, just one day after the Union's foreign ministers signed an important pre-accession agreement with Bosnia, attenuating fears that the Irish referendum could have a negative impact on the bloc's enlargement process.

With the two new policy areas - free movement of workers and social policy and employment - 20 of the 35 "chapters" have been opened with Croatia since the start of negotiations in October 2005.  Speaking after the conference, Croatian Foreign Minister Gordan Jandrokovic and Slovenian Foreign Minister Dimitrij Rupel expressed hope that all chapters could be closed by the end of the year. "It's possible. I wish this possibility would become reality," said Rupel, whose country holds the EU Presidency until 30 June. 

n the confusion following the failed Lisbon Treaty referendum in Ireland, EU leaders are still issuing contradictory messages, adding to the chaotic situation. In the meantime the Slovenian Presidency confirmed that no major decision on how to address the crisis is to be expected from the imminent EU summit on June 19-20.

The issue of future EU enlargements is proving particularly slippery, as the current and future holders of the EU's rotating presidency expressed contrary views on the subject. The president of the European Parliament then contradicted the EU's enlargement commissioner and the bloc's foreign policy chief in much the same manner.  While Slovenian Foreign Minister Dmitrij Rupel, on behalf of the outgoing EU Presidency, excluded any changes to the enlargement process following the Irish referendum, French President and upcoming EU Council President Nicolas Sarkozy warned that "for opening to the Balkans, to Croatia, we need the Lisbon Treaty". Sarkozy's comments were made in Prague, where he was trying to convince his eurosceptic hosts that the Czech Republic should not halt its ratification process. Ratification has indeed stalled there pending a ruling from the Constitutional Court. 

The various and often conflicting groups that made up the multi-headed No campaign in Ireland want any European institutional interpretation of why Irish people voted the way they did to take on board their key demands. The groups, particularly those on the left, are worried that European leaders are already cooking up protocols on "non-institutional issues" that can be bolted on to the treaty to ensure its passage in a possible second referendum.

"A couple of protocols, whether on neutrality or taxes is not enough because the very heart of the Lisbon Treaty will not have been changed in any way," said Patricia McKenna, a former Green MEP for Ireland and leader of the People's Movement, one of the main No campaign groups.

On the weekend, the European commission organised a 'flash' poll of 2000 Irish voters to find out the reasons behind their vote. According to the Irish Independent, more than 70 percent of those who voted No did so because they thought the treaty could be renegotiated. The unreleased survey also found that many people who do not normally vote in elections turned out this time, that people who said they did not understand the treaty tended to vote No; and that increased immigration played a role in the No vote.

The leader of the Socialists in the European Parliament, Martin Schultz, has accused Irish EU commissioner Charlie McCreevy of "arrogance" for his public revelations that he had not read the Lisbon Treaty and for a visit to the US just ahead of the referendum in Ireland.

We have to ask Mr Barroso what kind of people he has in his commission, particularly if you have someone acting as the deregulation Pope in Europe who then goes home and says he hasn't read the treaty and doesn't understand it," Mr Schultz told reporters on Tuesday (17 June). He was reacting to several statements of Mr McCreevy, who is in charge of internal market in the 27-member-strong European Commission, ahead of the only popular vote on the new EU reform treaty in Ireland held last week, in which the Irish rejected the document. The commissioner admitted a lack of knowledge of details of the treaty in an interview with the EUobserver, saying he had only read most of a summary of the document.

Moreover, the German Socialist leader criticised the EU executive for tabling proposals on rising oil prices the day after - rather than before - the referendum in Ireland, saying he was "amazed" that it had happened.

French president Nicolas Sarkozy has reaffirmed his intention to make European defence a major theme during his country's six-month stint at running the European Union, beginning in less that two week's time.

Mr Sarkozy said he wants to make defence and security policy an example of a "concrete Europe, of a Europe that responds to the needs of its citizens." "I very much hope that the French presidency of the European Union (…) will be the first step in a veritable relaunch of European defence for the coming years," he said, according to AP.

As EU foreign ministers try to breathe life back into the Lisbon Treaty, the charter of institutional reforms rejected by Irish voters last week, Dublin is likely to be offered stronger guarantees in the sensitive areas of taxation, defence and family policies. According to the Financial Times, "explanatory protocols" should explicitly state that the document does not affect Ireland's ability to set its own tax rates, the country's neutrality status or its abortion policy.

Another solution being floated involves a legal assurance that Ireland will never lose its seat at the European Commission table, the Irish Times reports. The Lisbon Treaty enables EU leaders to put the reduction of the size of the commission on ice. Either scenario is expected to be agreed at the first top-level meeting of EU leaders under the French EU presidency in October.

Irish No will not put brakes on EU enlargement Aside from the size of the next European Commission - now capped by the current EU rules - a question mark hangs over the 27-nation bloc's capacity to absorb new members. The Nice Treaty is tailored to no more than 27 member states. When asked about the prospects of EU hopefuls' accession to the EU, Mr Rupel excluded any changes to the process. "The outcome of the Irish referendum in no way changes enlargement policy...The EU unanimously decided to invited the countries of the Western Balkans to take membership so there is no doubt about that," the minister said, but added: "How we will carry that out that is another question."

The bloc's foreign ministers yesterday (16 June) discussed options to save the Lisbon Treaty despite its rejection in the Irish referendum last Friday, one being to offer Ireland certain assurances of its sovereignty and have it vote again next year.

Halting the ratification process must not be an option, foreign ministers vowed after the meeting, with the only borderline country being the Czech Republic, where the treaty is under review by the court (EurActiv 16/06/08)

"The worst would be for Brussels to impose something on Ireland," Italy's Foreign Minister Franco Frattini said after the meeting. According to him, there were three scenarios which should be categorically avoided: a long period of reflection such as the one following the failure of the constitution, a renegotiation of the Lisbon Treaty, and the suspension of the ratification process. 

16 June 2008 Luxembourg _ Bosnia and Herzegovina has signed a key pre-membership deal with the EU and taken its first crucial step towards the bloc.

The agreement outlines key legal and institutional reforms Bosnia will have to implement in the next six years in the areas of customs, trade, administration, economy and social services. Local and international officials have already hailed signing of the agreement as the second most important document for Bosnia after the Dayton peace accord, which ended the 1992-1995 war and provided a blueprint for Bosnia’s current administrative and political setup.

The German and Polish leaders said Monday that European Union countries should press ahead with ratifying the reform treaty rejected by Irish voters, but vowed not to isolate Ireland as they seek a way out of the crisis. The charter, meant to replace the failed EU constitution, was rejected in an Irish referendum on Thursday _ the only popular vote planned in the bloc. The treaty requires the ratification of all 27 EU members, leaving EU leaders scrambling to salvage their reform plans.

She also argued that the treaty is vital to further expansion of the EU into the western Balkans, whose stability is critical to Europe's well-being. «We need the Lisbon Treaty because we want to expand the EU,» she said.

Abstract[From the introduction] The foregoing summary of current events indicates the complexity of the situation the EU is dealing with on the Balkans. Currently, it seems that, apart from Croatia and partly Montenegro and Macedonia, the countries are still far away from any meaningful prospects regarding European integration. A detailed overview of all of the intricacies and activities of the European Union’s foreign policy in the Western Balkans is beyond the scope of this paper. Instead, the following discussion addresses the main institutional and legal issues with regard to the process of integration for the countries of the Western Balkans. This process, the Stabilization and Association Process (SAP), is a precondition to enlargement procedures. In the light of the current events, the final part addresses the particularities of the role foreseen for the EU in Kosovo.

After a re-run of the general election in Macedonia and the entry into force of Kosovo's new constitution on Sunday, EU foreign ministers will convene today (16 June) to review the situation in the neighbouring Western Balkans.

Ministers will likely welcome the peaceful re-run of parliamentary elections in the Former Yugoslav Republic of Macedonia on Sunday, just two weeks after ethnic violence marred the first elections on 1 June. 

While Kosovo is not on the foreign ministers' agenda, it is unlikely that they will be able to avoid the topic, after the fledgling state's constitution entered into force on Sunday.  The EU is also poised to take over policing and justice tasks from the United Nations after the UN's Secretary-General Ban Ki-moon last week put forward proposals to "reconfigure" the activities of the UN Mission UNMIK to allow the EU to deploy its contested EU-Lex police mission there (EurActiv 29/05/08).  "It is my intention to reconfigure the structure and profile of the international civil presence [...] enabling the European Union to assume an enhanced operational role," said the secretary general in letters to Kosovo and Serbian leaders.  But the handover, which is foreseen in Kosovo's constitution, remains strongly opposed by both Serbia and Russia, who insist that the EU mission is illegal because it has not been approved by the UN Security Council. 

A total of 53.4% of Irish voters rejected the Lisbon Treaty, with just 46.6% voting in its favour. Turnout was not as low as initially predicted with 53.1% of the electorate turning up at the urns.  With a total of 862,415 votes against, the Lisbon Treaty, which would have affected all the EU's 495 million citizens, was effectively rejected by 0.175% of the bloc's population, throwing the EU into an existential crisis. 

French president Nicolas Sarkozy will today (16 June) fly to Prague for emergency talks on the Lisbon Treaty with the prime ministers of the Czech Republic, Hungary, Poland and Slovakia, with Czech president Vaclav Klaus declaring the treaty dead after the Irish No vote. "The project is over in its entirety," Czech president Vaclav Klaus said after the rejection of the EU pact by Irish voters last week, AFP reports. "It makes no sense to continue the ratification of a dead document."

The Czech Republic will take over the EU's rotating presidency from France on 1 January 2009. So far, parliaments in 18 EU member states have approved the Lisbon treaty. The UK has also indicated it would proceed with the document's ratification.

Meanwhile, an adviser to Polish president Lech Kaczynski – who still has to complete Poland's ratification by signing the document – has said that Mr Kaczynski should know whether the Lisbon treaty exists before he goes forward. "For now, there is a strong suggestion the treaty may have ceased to exist as it was rejected by one [EU] country," the presidential aide, Michal Kaminski, told Polish daily Rzeczpospolita. The Polish prime minister, Donald Tusk, is strongly pro-ratification, however. A TNS OBOP opinion poll over the weekend said 71 percent of Poles would back the treaty if there was a referendum in Poland.

Ireland's rejection of the Lisbon Treaty has left EU diplomats scratching their heads over the size of the next European Commission. Under current rules, the number of commissioners in the bloc's executive should be capped but it is unclear how.

"It turned out that the biggest question mark is over the number of commissioners as there should soon be a cut in their number but it is not stated specifically down to which number," one diplomat told EUobserver, referring to the appointment of the next commission, due in the autumn of 2009.

But while the new treaty would have meant that from 2014 each member state would be without a commissioner for five years in any fifteen year cycle. Under the Nice Treaty, which is in effect now, a reduction in size of the commission must be made next year. The Nice rules state that if the number of member states reaches 27, the number of commissioners appointed in the subsequent commission would be reduced by the Council [representing member states] to below 27.

Europe will this week try and pick up the political pieces following Ireland's rejection of the Lisbon Treaty, but the relatively high turnout at the ballot box, the wide margin and the jumble of reasons for the No vote mean an exit strategy will be hard to find.

Scrambling for a solution The next few days are likely to everyone "scrambling" for a legal solution to the quandary, an EU diplomat told EUobserver adding that there is no answer stored away in a "vault" somewhere. Germany's foreign minister Frank-Walter Steinmeier said "[The question is whether] Ireland for a certain time can clear the way for an integration of the remaining 26 [member states]." But all countries need to ratify the Lisbon Treaty for it to come into force. UK liberal MEP Andrew Duff and constitutional affairs expert said attempts to find some sort of legal half-way house are "nonsense."