On 1st December, the Treaty of Lisbon entered into force, amending the two main treaties of the European Union: the treaty of the European Union and the Treaty which instituted the European Community.
Under the Lisbon Treaty, the EU becomes a single entity with legal personality and a new permanent post of President of the European Council, with appointments made for periods of two and a half years by the European Council. At the same time the treaty creates the position of High Representative of the Union for Foreign Affairs and Security Policy, with the holder likewise taking the position of Vice President of the European Commission and presiding over the Foreign Affairs Council.
The impact of the new treaty on the communications sector, through the clarification and introduction of competencies, will be seen fundamentally in the stronger protection of fundamental rights, in the recognition that services of general economic interest are essential for the promotion of EU social and territorial cohesion – enabling the adoption of horizontal legislation related to the basic principles of the universal service in all network industries – and the possibility of using a new legal basis for European action to support voluntary cooperation between national governments, where this might enhance their capacity to implement EU legislation.
The Lisbon Treaty also alters legislative procedures, in particular by expanding the application of qualified majority voting, based on the double majority system, and simplifying the conditions. As such, from 2014, 55 percent of the Member States (a minimum of 15 of the EU’s 27 Member States) representing a minimum of 65 percent of the European population (323 million European citizens) must vote in favour for decisions to receive approval in the Council of Ministers. To prevent a small number of more populous Member States from blocking the adoption of a decision, any blocking minority must comprise no fewer than four Member States; otherwise a qualified majority shall be considered to exist, even where the criteria of 65 percent of the population is not met. The comitology process has also seen changes, with the distinction introduced between delegated acts (acts with general application which postpone or amend non-essential items of legislative acts) and implementing acts.
Further information:
- Treaty of Lisbon http://europa.eu/lisbon_treaty/full_text/index_en.htm
