Treaty of Nice

Last updated
Treaty of Nice
Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts
TypeAmender of previous treaties
Drafted11 December 2000
Signed26 February 2001
Location Nice, France
Effective1 February 2003
Signatories
CitationsPrior amendment treaty:
Amsterdam Treaty (1997)
Subsequent amendment treaty: Lisbon Treaty (2007)
Languages
Full text
Wikisource-logo.svg Treaty of Nice at Wikisource

After amendments made by the Nice Treaty:
Consolidated version of EURATOM treaty (2001)


Consolidated version of TECSC (2001) -expired 2002

Consolidated version of TEC and TEU (2001)

The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003.

Contents

It amended the Maastricht Treaty (or the Treaty on European Union) and the Treaty of Rome (or the Treaty establishing the European Community which, before the Maastricht Treaty, was the Treaty establishing the European Economic Community). The Treaty of Nice reformed the institutional structure of the European Union to withstand eastward expansion, a task which was originally intended to have been done by the Amsterdam Treaty, but failed to be addressed at the time.

The entry into force of the treaty was in doubt for a time, after its initial rejection by Irish voters in a referendum in June 2001. This referendum result was reversed in a subsequent referendum held a little over a year later.

Provisions of the treaty

The Nice Treaty was attacked by many people as a flawed compromise. Germany had demanded that its greater population be reflected in a higher vote weighting in the Council; this was opposed by France, who insisted that the symbolic parity between France and Germany be maintained. The Commission had proposed to replace the old weighted voting system with a double majority system which would require those voting in favour to represent a majority of both member states and population for a proposal to be approved. [1] This was also rejected by France for similar reasons. A compromise was reached, which provided for a double majority of Member States and votes cast, and in which a Member State could optionally request verification that the countries voting in favour represented a sufficient proportion of the EU's population.

Voting weights in the Council of the European Union as decided in the Treaty of Nice, effective as of 1 November 2004: [2] [3] [4]
CountryVoting
weight
Pop.
(Mio.)
Rel. [5]
weight

Germany 2982.01.00
United Kingdom 2959.41.38
France 2959.11.39
Italy 2957.71.42
Spain 2739.41.94
Poland 2738.61.98
Romania 1422.31.78
Netherlands 1315.82.33
Greece 1210.63.20
Czech Republic 1210.33.29
Belgium 1210.23.33
Hungary 1210.03.39
Portugal 129.93.42
Sweden 108.93.18
Austria 108.13.49
Bulgaria 107.73.67
Slovakia 75.43.67
Denmark 75.33.73
Finland 75.23.81
Lithuania 73.75.35
Ireland 73.75.35
Latvia 42.44.71
Slovenia 42.05.67
Estonia 41.48.08
Cyprus 40.814.14
Luxembourg 40.428.28
Malta 30.421.26

 Total345490

The Treaty provided for an increase after enlargement of the number of seats in the European Parliament to 732, which exceeded the cap established by the Treaty of Amsterdam.

The question of a reduction in the size of the European Commission after enlargement was resolved to a degree the Treaty providing that once the number of Member States reached 27, the number of Commissioners appointed in the subsequent Commission would be reduced by the Council to below 27, but without actually specifying the target of that reduction. As a transitional measure it specified that after 1 January 2005, Germany, France, the United Kingdom, Italy and Spain would each give up their second Commissioner.

The Treaty provided for the creation of subsidiary courts below the European Court of Justice and the Court of First Instance (now the General Court) to deal with special areas of law such as patents.

The Treaty of Nice provides for new rules on closer co-operation, the rules introduced in the Treaty of Amsterdam being viewed as unworkable, and hence these rules have not yet been used.

In response to the failed sanctions against Austria following a coalition including Jörg Haider's party having come to power, and fears about possible future threats to the stability of the new member states to be admitted in enlargement, the Treaty of Nice added a preventive mechanism to sanctions against a Member State that was created by the Amsterdam Treaty. [6]

The Treaty also contained provisions to deal with the financial consequences of the expiry of the European Coal and Steel Community (ECSC) treaty (Treaty of Paris (1951)).

The Irish referendums

Under the current rules for the amendment of the Treaties, the Treaties can only be amended by a new Treaty, which must be ratified by each of the Member States to enter into force.

In all the EU member states the Treaty of Nice was ratified by parliamentary procedure, except in Ireland where, following the decision of the Irish supreme court in Crotty v. An Taoiseach , any amendments that result in a transfer of sovereignty to the European Union require a constitutional amendment. Ireland's Constitution can only be amended by a referendum.

First referendum

To the surprise of the Irish government and the other EU member states, Irish voters rejected the Treaty of Nice in June 2001. The turnout itself was low (34%), partly a result of the failure of the major Irish political parties to mount a strong campaign on the issue, presuming that the Irish electorate would pass the Treaty as all previous such Treaties had been passed by big majorities. However, many Irish voters were critical of the Treaty contents, believing that it marginalised smaller states. Others questioned the impact of the Treaty on Irish neutrality. Other sections viewed the leadership of the Union as out of touch and arrogant, with the Treaty offering a perceived chance to 'shock' the European leadership into a greater willingness to listen to its critics. (A similar argument was made when Denmark initially voted down the Treaty of Maastricht.)

Second referendum

The Irish government, having obtained the Seville Declaration on Ireland's policy of military neutrality from the European Council, decided to have another referendum on the Treaty of Nice on Saturday, 19 October 2002. Two significant qualifications were included in the second proposed amendment, one requiring the consent of the Dáil for enhanced cooperation under the treaty, and another preventing Ireland from joining any EU common defence policy. A 'Yes' vote was urged by a massive campaign by the main parties and by civil society and the social partners, including campaigning through canvassing and all forms of media by respected pro-European figures like then EP president Pat Cox, former Czech president Václav Havel, former President of Ireland Patrick Hillery and former Taoiseach (prime minister) Dr. Garret FitzGerald. Prominent civil society campaigns on the Yes side included Fianna Fáil, Fine Gael, the Labour Party, the Progressive Democrats, the Irish Alliance for Europe led by Professor Brigid Laffan and Adrian Langan, and Ireland for Europe led by Ciarán Toland. On the No Side, the principal campaigns were those of the Green Party, Sinn Féin, Anthony Coughlan's National Platform, Justin Barrett's No to Nice campaign, and Roger Cole's Peace and Neutrality Alliance. The result was a 60% "Yes" vote on a near-50% turn-out.

By then all other EU member states had ratified the Treaty. Ratification by all parties was required by the end of the year, or else the Treaty would have expired.

Views of the treaty

Proponents of the Treaty claimed it was a utilitarian adjustment to cumbersome EU governing mechanisms and a required streamlining of the decision-making process, necessary to facilitate enlargement of the EU into Central and Eastern Europe. They claim that, consequently, the treaty was vitally important for the integration and future progress of these former Eastern Bloc countries. Many people who were in favour of greater scope and power of the EU project felt that it did not go far enough and that it would in any case be superseded by future treaties. Proponents differed in the extent to which enlargement may have proceeded without the Treaty: some claimed that the very future of the Union's growth—if not existence—was at stake, while others said that enlargement could have legally proceeded—albeit at a slower pace—without it.

Opponents of the Treaty claimed that it was a "technocratic" rather than "democratic" treaty, which would further diminish the sovereignty of national and regional parliaments, and would further concentrate power into a centralised and unaccountable bureaucracy. They also claimed that five applicant countries could have joined the EU without changing the EU's rules, and that others could have negotiated on an individual basis, something opponents to the treaty argued would have been to the applicants' advantage. They also claimed that the Treaty of Nice would create a two-tier EU, which might marginalise Ireland.[ citation needed ] Opponents pointed out that leading pro-treaty politicians had admitted that if referendums had been held in countries other than Ireland, it would probably have been defeated there as well.

Criticism

The Commission and the European Parliament were disappointed that the Nice intergovernmental conference (IGC) did not adopt many of their proposals for reform of the institutional structure or introduction of new Community powers, such as the appointment of a European Public Prosecutor. The European Parliament threatened to pass a resolution against the Treaty; the Italian Parliament threatened it would not ratify it without the former's support. However, in the end this did not come to pass and the European Parliament approved the Treaty.

Many argue that the pillar structure, which was maintained by the Treaty, is overcomplicated; that the separate Treaties should be merged into one Treaty; that the three (now two) separate legal personalities of the Communities should be merged; and that the European Community and the European Union should be merged, with the European Union being endowed with legal personality. The German regions were also demanding a clearer separation of the powers of the Union from the Member States.

Nor did the Treaty of Nice deal with the question of the incorporation of the Charter of Fundamental Rights into the Treaty; that was also left for the 2004 IGC after the opposition of the United Kingdom.

Signatures

Nice Treaty FA Belgium.png Nice Treaty FA Denmark.png Nice Treaty FA Finland.png Nice Treaty FA France.png Nice Treaty FA Greece.png Nice Treaty FA Ireland.png Nice Treaty FA Italy.png Nice Treaty FA Luxembourg.png Signature of Jozias van Aartsen (Nice Treaty FA the Netherlands).png
Flag of Belgium (civil).svg Belgium Flag of Denmark.svg Denmark Flag of Finland.svg Finland Flag of France.svg France Flag of Greece.svg Greece Flag of Ireland.svg Ireland Flag of Italy.svg Italy Flag of Luxembourg.svg Luxembourg Flag of the Netherlands.svg Netherlands
Nice Treaty FA Portugal.png Nice Treaty FA Spain.png Nice Treaty FA the United Kingdom.png Nice Treaty FA Sweden.png Nice Treaty FA Germany.png Nice Treaty FA Austria.png
Flag of Portugal.svg Portugal Flag of Spain.svg Spain Flag of the United Kingdom.svg United Kingdom Flag of Sweden.svg Sweden Flag of Germany.svg Germany Flag of Austria.svg Austria

Withdrawal

At the end of January 2020 (GMT), the UK left the EU and so withdrew from this Treaty.

EU evolution timeline

Since the end of World War II, sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty) in an increasing number of areas, in the so-called European integration project or the construction of Europe (French: la construction européenne). The following timeline outlines the legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration.

Legend:
  S: signing
  F: entry into force
  T: termination
  E: expiry
    de facto supersession
  Rel. w/ EC/EU framework:
   de facto inside
   outside
          Flag of Europe.svg European Union (EU)[ Cont. ]  
Flag of Europe.svg European Communities (EC) (Pillar I)
European Atomic Energy Community (EAEC or Euratom) [ Cont. ]      
Flag of the European Coal and Steel Community 6 Star Version.svg / Flag of the European Coal and Steel Community 9 Star Version.svg / Flag of the European Coal and Steel Community 10 Star Version.svg / Flag of the European Coal and Steel Community 12 Star Version.svg European Coal and Steel Community (ECSC) 
(Distr. of competences)
   European Economic Community (EEC)  
       Schengen Rules European Community (EC)
'TREVI' Justice and Home Affairs (JHA, pillar II)  
  Flag of NATO.svg North Atlantic Treaty Organisation (NATO)[Cont.] Police and Judicial Co-operation in Criminal Matters (PJCC, pillar II)
Flag of France.svg Flag of the United Kingdom.svg
Anglo-French alliance
[Defence arm handed to NATO] European Political Co-operation  (EPC)  Common Foreign and Security Policy
(CFSP, pillar III)
Flag of the Western Union.svg Western Union (WU) Flag of the Western European Union (1993-1995).svg / Flag of the Western European Union.svg Western European Union (WEU)[Tasks defined following the WEU's 1984 reactivation handed to the EU]
   
[Social, cultural tasks handed to CoE][Cont.]        
   Flag of Europe.svg Council of Europe (CoE)
Dunkirk Treaty¹
S: 4 March 1947
F: 8 September 1947
E: 8 September 1997
Brussels Treaty¹
S: 17 March 1948
F: 25 August 1948
T: 30 June 2011
London and Washington treaties¹
S: 5 May/4 April 1949
F: 3 August/24 August 1949
Paris treaties: ECSC and EDC
S: 18 April 1951/27 May 1952
F: 23 July 1952/—
E: 23 July 2002/—
Rome treaties: EEC² and EAEC
S: 25 March 1957
F: 1 January 1958
WEU-CoE agreement¹
S: 21 October 1959
F: 1 January 1960
Brussels (Merger) Treaty³
S: 8 April 1965
F: 1 July 1967
Davignon report
S: 27 October 1970
European Council conclusions
S: 2 December 1975
Single European Act (SEA)
S: 17/28 February 1986
F: 1 July 1987
Schengen Treaty and Convention
S: 14 June 1985/19 June 1990
F: 26 March 1995
Maastricht Treaty²,
S: 7 February 1992
F: 1 November 1993
Amsterdam Treaty
S: 2 October 1997
F: 1 May 1999
Nice Treaty
S: 26 February 2001
F: 1 February 2003
Lisbon Treaty
S: 13 December 2007
F: 1 December 2009
¹Although not EU treaties per se, these treaties affected the development of the EU defence arm, a main part of the CFSP. The Franco-British alliance established by the Dunkirk Treaty was de facto superseded by WU. The CFSP pillar was bolstered by some of the security structures that had been established within the remit of the 1955 Modified Brussels Treaty (MBT). The Brussels Treaty was terminated in 2011, consequently dissolving the WEU, as the mutual defence clause that the Lisbon Treaty provided for EU was considered to render the WEU superfluous. The EU thus de facto superseded the WEU.
²The treaties of Maastricht and Rome form the EU's legal basis, and are also referred to as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), respectively. They are amended by secondary treaties.
³The European Communities obtained common institutions and a shared legal personality (i.e. ability to e.g. sign treaties in their own right).
⁴Between the EU's founding in 1993 and consolidation in 2009, the union consisted of three pillars, the first of which were the European Communities. The other two pillars consisted of additional areas of cooperation that had been added to the EU's remit.
⁵The consolidation meant that the EU inherited the European Communities' legal personality and that the pillar system was abolished, resulting in the EU framework as such covering all policy areas. Executive/legislative power in each area was instead determined by a distribution of competencies between EU institutions and member states. This distribution, as well as treaty provisions for policy areas in which unanimity is required and qualified majority voting is possible, reflects the depth of EU integration as well as the EU's partly supranational and partly intergovernmental nature.
⁶Plans to establish a European Political Community (EPC) were shelved following the French failure to ratify the Treaty establishing the European Defence Community (EDC). The EPC would have combined the ECSC and the EDC.

See also

Related Research Articles

European Economic Community 1958–2009 organisation for economic integration, under the EU from 1993

The European Economic Community (EEC) was a regional organization that aimed to bring about economic integration among its member states. It was created by the Treaty of Rome of 1957. Upon the formation of the European Union in 1993, the EEC was incorporated into the EU and renamed the European Community (EC). In 2009, the EC formally ceased to exist and its institutions were directly absorbed by the EU. This made the Union the formal successor institution of the Community.

Maastricht Treaty 1992 founding treaty of the European Union

The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the process of European integration" chiefly in provisions for a shared European citizenship, for the eventual introduction of a single currency, and for common foreign and security policies. Although these were widely seen to presage a "federal Europe", the focus of constitutional debate shifted to the later 2007 Treaty of Lisbon. In the wake of the Eurozone debt crisis unfolding from 2009, the most enduring reference to the Maastricht Treaty has been to the rules of compliance – the "Maastricht criteria" – for the currency union.

Western European Union Former international organisation and military alliance

The Western European Union was the international organisation and military alliance that succeeded the Western Union (WU) after the 1954 amendment of the 1948 Treaty of Brussels. The WEU implemented the Modified Brussels Treaty. During the Cold War, the Western Bloc included the WEU member states and the United States and Canada as part of the North Atlantic Treaty Organization (NATO).

History of the European Union Aspect of history

The European Union is a geo-political entity covering a large portion of the European continent. It is founded upon numerous treaties and has undergone expansions and secessions that have taken it from 6 member states to 27, a majority of the states in Europe.

Police and Judicial Co-operation in Criminal Matters

Police and Judicial Co-operation in Criminal Matters (PJCC) was the third of the three pillars of the European Union (EU). It was named Justice and Home Affairs (JHA) before 1999. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated European Union structure and became the area of freedom, security and justice.

Treaty of Paris (1951) 1951 treaty establishing the European Coal and Steel Community

The Treaty of Paris was signed on 18 April 1951 between France, Italy, West Germany, Belgium, Luxembourg, and the Netherlands, establishing the European Coal and Steel Community (ECSC), which subsequently became part of the European Union. The treaty came into force on 23 July 1952 and expired on 23 July 2002, exactly fifty years after it came into effect.

Treaty establishing a Constitution for Europe 2004 failed attempt to formally establish a constitution of the European Union

The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.

European Communities International organizations governed by the same set of institutions

The European Communities (EC), sometimes referred to as the European Community, were three international organizations that were governed by the same set of institutions. These were the European Coal and Steel Community (ECSC), the European Atomic Energy Community, and the European Economic Community (EEC); the last of which was renamed the European Community (EC) in 1993 by the Maastricht Treaty, which formed the European Union.

Treaty establishing the European Political Community

The European Political Community (EPC) was proposed in 1952 as a combination of the existing European Coal and Steel Community (ECSC) and the proposed European Defence Community (EDC). A draft EPC treaty, as drawn up by the ECSC assembly, would have seen a directly elected assembly, a senate appointed by national parliaments and a supranational executive accountable to the parliament.

Treaty of Amsterdam Interesante

The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht, which had been signed in 1992.

Single European Act

The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a single market by 31 December 1992, and a forerunner of the European Union's Common Foreign and Security Policy (CFSP) it helped codify European Political Co-operation. The amending treaty was signed at Luxembourg City on 17 February 1986 and at The Hague on 28 February 1986. It came into effect on 1 July 1987, under the Delors Commission.

The Merger Treaty, also known as the Treaty of Brussels, was a European treaty which unified the executive institutions of the European Coal and Steel Community (ECSC), European Atomic Energy Community (Euratom) and the European Economic Community (EEC). The treaty was signed in Brussels on 8 April 1965 and came into force on 1 July 1967. It set out that the Commission of the European Communities should replace the High Authority of the ECSC, the Commission of the EEC and the Commission of Euratom, and that the Council of the European Communities should replace the Special Council of Ministers of the ECSC, the Council of the EEC and the Council of Euratom. Although each Community remained legally independent, they shared common institutions and were together known as the European Communities. This treaty is regarded by some as the real beginning of the modern European Union.

Three pillars of the European Union

Between 1993 and 2009, the European Union (EU) legally comprised three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 upon the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal personality.

  1. The European Communities pillar handled economic, social and environmental policies. It comprised the European Community (EC), the European Coal and Steel Community, and the European Atomic Energy Community (EURATOM).
  2. The Common Foreign and Security Policy (CFSP) pillar took care of foreign policy and military matters.
  3. Police and Judicial Co-operation in Criminal Matters (PJCCM) brought together co-operation in the fight against crime. This pillar was originally named Justice and Home Affairs (JHA)
Referendums related to the European Union List of referenda related to the European Union and its predecessor, the European Communities

This is a list of referenda related to the European Union, or referendums related to the European Communities, which were predecessors of the European Union. Since 1972, a total of 48 referenda have been held by EU member states, candidate states, and their territories, with several additional referendums held in countries outside of the EU. The referendums have been held most commonly on the subject of whether to become a member of European Union as part of the accession process, although the EU does not require any candidate country to hold a referendum to approve membership or as part of treaty ratification. Other EU-related referendums have been held on the adoption of the euro and on participation in other EU-related policies.

The Euratom Treaty, officially the Treaty establishing the European Atomic Energy Community, established the European Atomic Energy Community. It was signed on 25 March 1957 at the same time as the Treaty establishing the European Economic Community.

European Political Co-operation Former intergovernmental body

The European Political Co-operation (EPC) was introduced in 1970 and was the synonym for European Union foreign policy coordination until it was superseded by the Common Foreign and Security Policy in the Maastricht Treaty of November 1993.

The Davignon report, also referred to as the Luxembourg report, published on 27 October 1970, was a report on the future foreign policy of European Economic Community member nations. It was written by a council chaired by Étienne Davignon of the Belgian Foreign Office. The committee was appointed by the Council of the European Communities to make proposals on political cooperation between the member states. It recommended that member states should try to speak with a single voice on international problems, a proposal that was approved by all six member governments. It resulted first in European Political Cooperation and later in the European Union's Common Foreign and Security Policy in 1992.

Timeline of European Union history

This is a timeline of European Union history and its previous development.

Edinburgh Agreement (1992)

The Edinburgh Agreement or Edinburgh Decision is a December 1992 agreement reached at a European Council meeting in Edinburgh, Scotland, that granted Denmark four exceptions to the Maastricht Treaty so that it could be ratified by Denmark. This was necessary because, without all member states of the European Union ratifying it, it could not come into effect. Denmark had first rejected the Maastricht treaty, but with the addition of the Edinburgh Agreement, ratified the treaty in a 1993 referendum. The member states that had already ratified the Maastricht Treaty did not have to do so again.

Treaty of Lisbon 2007 treaty amending the constitutional basis of the European Union

The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member states on 13 December 2007, entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).

References

  1. Laursen, Finn, ed. (2005). The Treaty of Nice: Actor Preferences, Bargaining And Institutional Choice. Leiden: Martinus Nijhoff Publishers. p. 393. ISBN   90-04-14820-5.
  2. Article 12 of the 2003 Act of Accession (OJ L 236, 23 September 2003, p. 33). The figures given in the Act of Accession were determined prior to the 2004 enlargement in a declaration attached to the Nice Treaty (OJ C 80, 10 March 2001, p 82).
  3. "EU voting row explained". British Broadcasting Corporation. 24 March 2004. Retrieved 17 April 2013.
  4. Baldwin, Richard; Widgrén, Mika (February 2005). "The Impact of Turkey's Membership on EU Voting" (PDF). CEPS Policy Brief. Centre for European Policy Studies (62): 11.
  5. The relative weight is a measure of how many Council votes a country has related to its population. In this instance, the German weight is taken to be 1.00 and as a reference to all others.
  6. Sadurski, Wojciech (2010). "Adding a Bite to a Bark? A Story of Article 7, the EU Enlargement, and Jörg Haider". Sydney Law School, University of Sydney . Retrieved 2015-10-28.