The table is intended to show whether selected foreign
policy provisions of the Lisbon Treaty are new, compared with
the current and Constitutional Treaties. It is not a quantitative
assessment of the extent to which the Lisbon Treaty is new.
Lisbon Treaty
|
In current Treaties? | In Constitutional Treaty? |
| Institutions |
| |
| EU to have legal personality (Article 1 55, inserting Article 46A TEU)
| No |
Yes (Article I-7)
|
| European Council President to represent EU externally "at his level" (Article 1 16, inserting Article 9B TEU)
| No |
Yes (Article I-22)
|
| Post of High Representative for Foreign Affairs and Security Policy (Article 1 19, inserting Article 9E TEU; Article 1 30, inserting Article 13a TEU)
| No |
Yes, but called "Union Minister for Foreign Affairs" (Article I-28)
|
| European External Action Service (Article 1 30, inserting Article 13a TEU)
| No |
Yes (Article III-296)
|
| Conversion of Commission delegations in third countries and international organisations into Union delegations (Article 2 175, inserting Article 188Q TFEU)
| No |
Yes (Article III-328)
|
| General external action provisions
| | |
| Possibility of simplified Treaty revision procedure to move, by unanimity, Council decisions from unanimity to QMV, with possibility of national Parliament or European Parliament block (Article 1 56, amending Article 48 TEU)
| No |
Yes (Article IV-444)
|
| Statement of principles and objectives for all EU external action (Article 1 24, inserting Article 10A TEU)
| No, although many of the specific objectives are mentioned in various places
| Yes (Article III-292)
|
| European Council to determine by unanimity strategic interests and objectives for all EU external action, on basis of Council proposal (Article 1 24, inserting Article 10B TEU)
| No: European Council to determine by unanimity strategies for CFSP only, on basis of Council proposal (Article 13 TEU)
| Yes (Article III-293)
|
| CFSP |
| |
| Statement of specificity of CFSP rules and procedures (Article 1 27, amending Article 11 TEU)
| No |
No |
| Declarations on the common foreign and security policy, stating that the policy has no effect on Member States' national foreign policy rights and responsibilities (Declarations13 and 14)
| No |
No |
| Implementation of CFSP not to affect "Community" powers and procedures; implementation of "Community" policies under TFEU not to affect CFSP powers and procedures (Article 1 45, inserting Article 25b TEU)
| Only half of the provision: Nothing in the TEU, including the CFSP, to affect the TEC (Article 47 TEU)
| Yes (Article III-308)
|
| Explicit exclusion of ECJ jurisdiction over CFSP except for two specified types of case (Article 2 223, inserting Article 240a TFEU)
| The ECJ has a form of jurisdiction in the two areas provided for in the Lisbon Treaty, but there is no explicit statement otherwise excluding the ECJ from the CFSP
| Yes (Article III-376)
|
| Ban on using Article 308 TEC/TFEU to achieve CFSP objectives (Article 2 289, amending Article 308 TEC/TFEU)
| No |
No |
| CFSP to be based on "ever-increasing degree of convergence of Member States' actions" (Article 1 27, amending Article 11 TEU)
| No, although Article 16 TEU refers to "convergent action"
| Yes (Article I-40)
|
| Member States to "comply" with EU CFSP action (Article 1 27, amending Article 11 TEU)
| No |
Yes (Article I-16)
|
| Consultation among Member States in order to "determine a common approach" (Article 1 35, amending Article 16 TEU)
| No: Consultation among Member States in order to exert EU influence via "convergent action" (Article 16 TEU)
| Yes (Article I-40)
|
| Member States to consult each other before undertaking any action or commitment which could affect EU interests (Article 1 35, amending Article 16 TEU)
| No: Member States to consult each other on any foreign or security policy matter of general interest (Article 16 TEU); to refrain from any action which is contrary to the interests of the Union (Article 11 TEU)
| Yes (Article I-40)
|
| European Council to define strategic interests and objectives for CFSP (Article 1 29, amending Article 13 TEU)
| Yes (Article 13 TEU)
| Yes (Article I-40)
|
| QMV for Council decisions on the basis of a European Council strategic decision (Article 1 34, inserting Article 15b TEU)
| Yes (Article 23 TEU)
| Yes (Article III-300)
|
| QMV for Council decisions on the basis of a proposal from the High Representative following a request from the European Council (Article1 34, inserting Article 15b TEU)
| No |
Yes (Article III-300)
|
| QMV for Council appointments of EU Special Representatives; appointments to be proposed by High Representative (Article 1 34, inserting Article 15b TEU; Article 1 37, amending Article 18 TEU)
| Partially: QMV for Council appointments of EU Special Representatives (Article 23 TEU)
| Yes (Article III-300)
|
| CFSP passerelle allowing unanimous decision to move further CFSP decisions to QMV (Article 1 34, inserting Article 15b)
| No |
Yes (Article III-300)
|
| On issues where the EU has a position, Member States on the UN Security Council to request that the High Representative be invited to present the EU position (Article 1 38, amending Article 19 TEU)
| No, although the High Representative and the Presidency are in practice already invited to speak at the Security Council
| Yes (Article III-305)
|
| Union delegations and Member State diplomatic missions to cooperate and contribute to formulating and implementing the EU common approach (Article 1 35, amending Article 16 TEU)
| No |
Yes (Article III-301)
|
| Option to establish enhanced cooperation in all of CFSP (including military decisions) by unanimity among participating Member States (Article 1 22, inserting Article 10 TEU)
| Option to establish enhanced cooperation for CFSP implementing decisions (excluding military decisions) by QMV of participating Member States (Articles 27b, 27C and 44 TEU)
| Yes (Article III-419)
|
| ESDP |
| |
| EU competence includes both the "progressive framing of a common defence policy" that "might lead to a common defence" (Article 1 27, amending Article 11 TEU) and that "will lead to a common defence, when the European Council, acting unanimously, so decides (Article 1 49, inserting Article 28A TEU)
| No: CFSP includes the "progressive framing of a common defence policy, which might lead to a common defence, should the European Council so decide" (Article 17 TEU)
| Yes (Articles I-16 and I-41)
|
| Mutual defence clause (Article 1 49, inserting Article 28A TEU)
| No |
Yes (Article I-41)
|
| Treaty mention of European Defence Agency (Article 1 50, inserting Article 28D TEU)
| No |
Yes (Articles I-41 and III-311)
|
| Possibility of "subcontracting" ESDP tasks to group of Member States (Article 1 50, inserting Article 28C TEU)
| No |
Yes (Article III-310)
|
| Possibility of establishing, by QMV, "permanent structured cooperation" among group of Member States in defence/military field (Article 1 50, inserting Article 28E TEU)
| No |
Yes (Articles I-41 and III-312)
|
| Rapid access to EU budget for urgent CFSP initiatives, in particular preparatory activities for ESDP tasks (Article 147, amending Article 28 TEU)
| No |
Yes (Article III-313)
|
| Start-up fund of Member State contributions for preparatory activities for ESDP tasks (Article 1 47, amending Article 28 TEU)
| No |
Yes (Article III-313)
|
| Other policies |
| |
| Explicit statement that national security the sole responsibility of Member States (Article 1 5, inserting Article 3a TEU)
| No |
No |
| "Solidarity clause" on mutual assistance among Member States against terrorism and natural disasters (Article 2 176, inserting Article 188R TFEU)
| No |
Yes (Articles I-43 and III-329)
|
| Treaty mention of "Copenhagen criteria" for enlargement (Article 1 57, amending Article 49 TEU)
| No |
No |
| Treaty mention for EU neighbourhood policy (Article 1 10, inserting Article 7a TEU)
| No |
Yes (Article I-57)
|
| Macroeconomic financial assistance and humanitarian aid to be extended to third countries by QMV (humanitarian aid also by co-decision) (Articles 2 167 and 168, inserting Articles 188I and 188J TFEU)
| No |
Yes (Articles III-320 and III-321)
|
| Treaty base for economic sanctions against individuals and legal persons (Article 2 169, inserting Article 188K TFEU)
| No |
Yes (Article III-322)
|
| Possibility of EU legislation to implement citizens' right to consular protection in a third country by a Member State other than their own (Article 20 TFEU)
| No |
Yes (Article III-127)
|
