Enlargement
127. Enlargement is not technically an EU external
policy, but an institutional event. Treaty provisions governing
enlargement are traditionally located among "final provisions",
not with the CFSP or other external policies. However, following
the EU's enlargement to Central and Eastern Europe in 2004, when
observers are asked about EU foreign policy "the biggest
example of a successful [EU] foreign policy that most people cite
is enlargement", in Professor Hill's words.[293]
128. Hitherto, the TEU has stated simply that "any
European state which respects the principles [of the EU] may apply
to become a member of the Union", before going on to set
out the procedures involved in an accession process.[294]
The Lisbon Treaty would toughen the Treaty language on enlargement.
First, in language taken over from the Constitutional Treaty,[295]
the Lisbon Treaty would require states acceding to the EU to be
"committed to promoting" the EU's principles. Then,
in wholly new text, the Lisbon Treaty would further insert a requirement
that "the conditions of eligibility agreed upon by the European
Council shall be taken into account".[296]
The "conditions of eligibility" referred to are the
so-called "Copenhagen criteria" set out by the European
Council in 1993,[297]
plus further requirements subsequently placed on acceding states
by EU leaders.
129. Mr Avery told us that the inclusion of a reference
to the accession criteria in the Treaty was "significant
because it demonstrates a certain determination on the part of
the European Union to apply the criteria for membership rigorously.
There have been some cases […] in history in which those
criteria were not applied with sufficient rigour."[298]
Mr Avery was of the view that the change was of political rather
than operational significance.[299]
130. We
conclude that the process of the EU's enlargement to now 27 Member
States has been a success.
European Neighbourhood Policy
131. The EU launched its European Neighbourhood Policy
(ENP) in 2004 in an attempt to mitigate some of the possible negative
effects of EU enlargement, principally in Central and Eastern
Europe. The EU feared that enlargement might leave the Union more
exposed to the effects of low economic development and poor governance
in states which were now its neighbours, while exacerbating these
countries' problems by erecting new barriers to their interaction
with states which were now inside the Union. Under the ENP, the
EU offers intensified co-operation and integration to states surrounding
the Union, in return for reform commitments. The ENP is not a
new legal instrument, relying instead on long-established provisions
for EU international agreements. Controversially, the ENP encompasses
not only states in Eastern Europe which in principle are eligible
for a future EU membership process, but also states in North Africa
which have normally been regarded as ineligible for EU membership
on geographical grounds. Officially, participation in the ENP
does not prejudice a country's membership eligibility either way.
132. The Lisbon Treaty would insert a reference to
the EU's neighbourhood policy into the EU Treaties for the first
time. Under the Lisbon Treaty, a new Article would declare that:
The Union shall develop a special relationship with
neighbouring countries, aiming to establish an area of prosperity
and good neighbourliness, founded on the values of the Union and
characterised by close and peaceful relations based on cooperation.[300]
The new neighbourhood policy Article would be taken
over unchanged from the Constitutional Treaty.[301]
133. We
conclude that the inclusion for the first time of a Treaty reference
to the EU's neighbourhood policy represents a welcome expression
of the importance of the Union's relationships with states surrounding
it.
150 The figure in Annex 2 b) presents foreign policy
structures and processes under the Lisbon Treaty, including institutional
arrangements discussed in Chapters 5 and 6 as well as the present
Chapter. Back
151
As discussed in Chapter 2 above. Back
152
Provisions on external action in the TFEU would be gathered into
a Part Five. Back
153
On the ESDP, see Chapter 7. In the TEU as amended by the Lisbon
Treaty, provisions on EU external action, including the CFSP and
ESDP, would continue to be found in Title V, as at present. Annex
1 presents the arrangement of external action provisions under
the Lisbon Treaty. Back
154
See Chapter 3 above. Back
155
Part III, Title V, Chapter 1, Article III-292 Back
156
Article 1 24) of the Lisbon Treaty, inserting new Articles 10A
and 10B TEU Back
157
Article 1 25) of the Lisbon Treaty Back
158
Article 1 23) of the Lisbon Treaty Back
159
Under Article 2 155) of the Lisbon Treaty, the TFEU would refer
(in Part Five, Title I, Article 188A) to the principles and objectives
for EU external action set out in the first chapter of Title V
TEU. The arrangement of external action provisions under the Lisbon
Treaty is shown in Annex I. Back
160
Ev 41 Back
161
Ev 63 Back
162
Q 616 Back
163
Q 616 Back
164
On international agreements, Article 2 171) of the Lisbon Treaty,
inserting Article 188L of the TFEU; on enhanced cooperation, Article
2 278) of the Lisbon Treaty, inserting Articles 280A to 280I of
the TFEU. Back
165
Article 2 176) of the Lisbon Treaty, inserting Article 188R of
the TFEU. The "solidarity clause" is discussed in paragraphs
122-125 below. Back
166
Article 2 169) of the Lisbon Treaty, inserting Article 188K of
the TFEU Back
167
Ev 104 Back
168
Q 467 Back
169
Ev 106 Back
170
Article 1 55) of the Lisbon Treaty, inserting Article 46A TEU Back
171
Article I-7 Back
172
Ev 150 Back
173
Under Articles 24 and 38 TEU. Back
174
On this point see also Declaration 24 concerning the legal personality
of the European Union Back
175
Q 624 Back
176
Q 624 Back
177
Under Article 1 24) of the Lisbon Treaty, inserting Article 10A
TEU, as discussed in paragraphs 70-71 above. Back
178
Part III, Title V, Chapter 1, Article III-292 Back
179
Article 1 24) of the Lisbon Treaty, inserting Article 10B TEU Back
180
Article 13 TEU Back
181
Article III-293 Back
182
The "Declaration on Globalisation" adopted by the European
Council at its meeting on 14 December 2007 is an example; see
Brussels European Council, Presidency Conclusions, 14 December
2007, via www.consilium.europa.eu. On the nature of European Council
conclusions, see the European Scrutiny Committee's ongoing Inquiry
into this topic, via www.parliament.uk/parliamentary_committees/european_scrutiny.cfm Back
183
Article 1 14) of the Lisbon Treaty, amending Article 9 TEU Back
184
Article 1 24) of the Lisbon Treaty, inserting Article 10B TEU Back
185
Article 1 33) of the Lisbon Treaty, amending Article 22 to become
Article 15a TEU. This change is discussed further in paragraph
97 below. Back
186
Article III-293 Back
187
Article 1 56) of the Lisbon Treaty, amending Article 48 TEU Back
188
Article IV-444 Back
189
Article 1 56) of the Lisbon Treaty, amending Article 48 TEU Back
190
Ev 106; see also Qq 464-465 [Lord Owen] Back
191
HC Deb, 22 October 2007, cols 19-22 Back
192
European Union (Amendment) Bill, Clause No. 6 (2) Back
193
Ibid., Clause No. 6 (3) Back
194
Article 2 167) and 168) of the Lisbon Treaty, inserting Articles
188I and 188J of the TFEU; Ev 145 [Mr Donnelly], Ev 149 [Open
Europe] Back
195
Article 2 36) of the Lisbon Treaty, amending Article 20 TEC/TFEU.
This change is referred to further in paragraph 201 in Chapter
6 below. Back
196
Ev 150 Back
197
Article 1 27) of the Lisbon Treaty, amending Article 11 TEU Back
198
Article 1 27) of the Lisbon Treaty, amending Article 11 TEU Back
199
Article 1 35) of the Lisbon Treaty, amending Article 16 TEU Back
200
Article 1 35) of the Lisbon Treaty, amending Article 16 TEU Back
201
Respectively: Article I-40; Article I-16; Article I-40; and Article
I-40 and III-301 Back
202
Ev 152 Back
203
Qq 573-578, referring to Article 16 TEU Back
204
Q 573 Back
205
Q 571 Back
206
Q 429 [Professor Hill]; Ev 82 [Professor Whitman] Back
207
The role of the ECJ in the CFSP is considered further below. Back
208
Article 11 TEU Back
209
Article 1 27) of the Lisbon Treaty, amending Article 11 TEU. The
new High Representative position is discussed in Chapter 5 below.
Back
210
Declarations 13 and 14. We referred to these in Chapter 3 above
in the context of the Government's foreign policy "red line".
The full text of the Declarations is at Ev 69. Back
211
Q 277 [Mr Murphy] Back
212
Q 358 Back
213
Ev 20 Back
214
Q 449 Back
215
Q 428 Back
216
Q 428 Back
217
Article 1 28) of the Lisbon Treaty amending Article 12 TEU; Article
1 31) of the Lisbon Treaty, amending Article 14 TEU; Article 1
32) of the Lisbon Treaty, amending Article 15 TEU Back
218
Article 1 29) of the Lisbon Treaty, amending Article 13 TEU Back
219
Article 1 29) of the Lisbon Treaty, amending Article 13 TEU Back
220
Article 1 34) of the Lisbon Treaty, amending Article 23 to become
Article 15b TEU; on qualified majority voting, see paragraphs
100-105 below. Back
221
Article 22 TEU Back
222
Article 1 33) of the Lisbon Treaty, amending Article 22 to become
Article 15a TEU. The new High Representative position is considered
in Chapter 5 below. Back
223
Article 23 TEU Back
224
Article 23 TEU Back
225
Article 1 34) of the Lisbon Treaty, amending Article 23 TEU to
become Article 15b TEU Back
226
Q 452 Back
227
Ev 145 Back
228
Q 623 Back
229
Article 1 34) of the Lisbon Treaty, amending Article 23 TEU to
become Article 15b TEU Back
230
Article 1 34) of the Lisbon Treaty, amending Article 23 TEU to
become Article 15b TEU Back
231
Article 23 TEU Back
232
Article III-300 Back
233
Ev 147 Back
234
Q 463 Back
235
Q 520 Back
236
Q 522 Back
237
Q 524 Back
238
Q 622 Back
239
Q 623 Back
240
Q 623 Back
241
Article 2 169) of the Lisbon Treaty, inserting Article 188K TFEU
to replace Article 301 TEC Back
242
Article 2 223) of the Lisbon Treaty, inserting Article 240a TFEU.
The role of the ECJ is discussed further below. Back
243
At present, the sanctions article is Article 301 TEC. Under Article
2 169) of the Lisbon Treaty, this is replaced by Article 188K
TFEU. Back
244
Q 477 Back
245
Article 2 176) of the Lisbon Treaty, inserting Article 188R TFEU Back
246
Articles 1-43 and III-329 Back
247
Article 2 176) of the Lisbon Treaty, inserting Article 188R TFEU Back
248
Article 1 19) of the Lisbon Treaty, inserting Article 9E TEU.
The new High Representative position is discussed in Chapter 5
below. Back
249
Article 1 19) of the Lisbon Treaty, inserting Article 9E TEU.
The new High Representative position is discussed in Chapter 5
below. Back
250
Article 1 34) of the Lisbon Treaty, amending Article 23 TEU to
become Article 15b TEU Back
251
Article 1 34) of the Lisbon Treaty, amending Article 23 TEU to
become Article 15b TEU Back
252
Article III-300 Back
253
The simplified Treaty revision procedure was discussed at paragraphs
85-88 above. Back
254
HC Deb, 22 October 2007, cols 19-22; see paragraphs 87-88 above. Back
255
Q 533 Back
256
Clause No. 6(1)c Back
257
Article 2 289) of the Lisbon Treaty, amending Article 308 TEC/TFEU;
on Article 308, see European Scrutiny Committee, Twenty-ninth
Report of Session 2006-07, Article 308 of the EC Treaty,
HC 41-xxlx Back
258
Article 2 223) of the Lisbon Treaty, inserting Article 240a TFEU Back
259
The Article prescribing "non-interference" between "Community"
and CFSP areas is Article 25b of the TEU, as provided for by Article
1 45) of the Lisbon Treaty. This Article was referred to in Chapter
3 above in the context of the Government's foreign policy "red
line". Back
260
On sanctions, in modified form under Article 230 TEC; on the "boundaries"
issue, in modified form under Article 47 TEU Back
261
Article 2 214) of the Lisbon Treaty, amending Article 230 TEC/TFEU;
Ev 70 [Foreign Secretary], Ev 80 [Foreign Secretary] Back
262
Ev 149 Back
263
Ev 144 Back
264
Q 616 Back
265
Q 413 Back
266
Ev 83 Back
267
Ev 83 Back
268
Q 413 Back
269
Ev 146 Back
270
Ev 144 Back
271
Ev 105 Back
272
Q 467 Back
273
Q 439 Back
274
Q 629 Back
275
For example, Mr Donnelly at Ev 145; Q 453 [Professor Whitman];
see also paragraph 99 above. Back
276
Article 1 22) of the Lisbon Treaty, providing for Article 10 TEU;
Article 2 278) of the Lisbon Treaty, inserting Article 280A to
280I TFEU Back
277
Article 1 22) of the Lisbon Treaty, providing for Article 10 TEU
but retaining on this point language from Article 43a of the existing
TEU Back
278
Article 1 22) of the Lisbon Treaty, providing for Article 10 TEU Back
279
Article 2 278) of the Lisbon Treaty, inserting Article 280D TFEU Back
280
Article 27c TEU Back
281
The bar is currently in Article 27b TEU. Under Article 1 22) of
the Lisbon Treaty, providing for Article 10 TEU, Article 27b of
the current TEU would appear to be replaced, without the bar on
enhanced cooperation with military or defence implications being
repeated in the new Article 10 TEU or Articles 280A to 280I TFEU.
In his letter to the Chairman of 11 January, printed at the end
of this volume, the Foreign Secretary confirmed that enhanced
cooperation on the one hand, and permanent structured cooperation
in the field of military capability development, on the other,
are "completely different and distinct provisions".
Permanent structured cooperation is discussed in Chapter 7 below.
Back
282
Article 2 278) of the Lisbon Treaty, inserting Article 280H TFEU;
Ev 149 [Open Europe] Back
283
Ev 85 Back
284
Article 2 176) of the Lisbon Treaty, inserting Article 188R TFEU Back
285
Article I-43 and III-329 Back
286
Article 2 176) of the Lisbon Treaty, inserting Article 188R TFEU Back
287
Article 2 64) of the Lisbon Treaty, inserting Article 61D TFEU Back
288
Q 539 Back
289
Q 466 Back
290
Ev 153 Back
291
Declaration 37 on Article 188R of the Treaty on the Functioning
of the European Union Back
292
Article 1 5) of the Lisbon Treaty, inserting Article 3a TEU Back
293
Q 415 Back
294
Article 49 TEU Back
295
Article I-1 Back
296
Article 1 57) of the Lisbon Treaty, amending Article 49 TEU Back
297
The "Copenhagen criteria" are that states acceding to
the EU "must have achieved stability of institutions guaranteeing
democracy, the rule of law, human rights and respect for and protection
of minorities; the existence of a functioning market economy as
well as the capacity to cope with competitive pressure and market
forces within the Union; and the ability to take on the obligations
of membership including adherence to the aims of political, economic
and monetary union." The European Council at Copenhagen further
added that "The Union's capacity to absorb new members, while
maintaining the momentum of European integration, is also an important
consideration in the general interest of both the Union and the
candidate countries"; Copenhagen European Council, Presidency
Conclusions, 21-22 June 1993, via www.consilium.europa.eu Back
298
Q 455 Back
299
Q 455 Back
300
Article 1 10) of the Lisbon Treaty, inserting Article 7a TEU Back
301
Article I-57 Back
