Treaties of the European Union
Treaties of the European Union | |
---|---|
Location | Italian Ministry of Foreign Affairs |
Purpose | Establishing the laws and principles under which the European Union is governed |
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory.
Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992, The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community i.e. The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first signed. The consolidated version of the two core treaties is regularly published by the European Commission.
Despite the withdrawal of the United Kingdom from the bloc in 2020, its name remains officially on some of the treaties (the SEA, Maastricht, Amsterdam, Nice and Lisbon and all accession treaties between 1972 and 2011) as it was part of the consultation and ratification process as a member state at the time those treaties were drawn up, though the country is no longer legally bound by them itself. This can only be altered by a future amendment to the treaties.
Content
The two principal treaties on which the EU is based are the Treaty on European Union (TEU;
Treaty on European Union
Following the preamble the treaty text is divided into six parts.[1]
- Title 1, Common Provisions
The first deals with common provisions. Article 1 establishes the European Union on the basis of the European Community and lays out the legal value of the treaties. The second article states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities". The member states share a "society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail".
Article 3 then states the aims of the EU in six points. The first is simply to promote peace, European values and its citizens' well-being. The second relates to
Article 4 relates to member states' sovereignty and obligations. Article 5 sets out the principles of conferral, subsidiarity and proportionality with respect to the limits of its powers. Article 6 binds the EU to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. Article 7 deals with the suspension of a member state and article 8 deals with establishing close relations with neighbouring states.
- Title 2, Provisions on democratic principles
Article 9 establishes the equality of national citizens and
- Title 3, Provisions on the institutions
Article 13 establishes the
Article 14 deals with the workings of Parliament and its election, article 15 with the European Council and its president, article 16 with the council and its configurations and article 17 with the commission and its appointment. Article 18 establishes the High Representative of the Union for Foreign Affairs and Security Policy and article 19 establishes the Court of Justice.
- Title 4, Provisions on enhanced cooperations
Title 4 has only one article which allows a limited number of member states to co-operate within the EU if others are blocking integration in that field.
- Title 5, General provisions on the Union's external action and specific provisions on the Common Foreign and Security Policy
Chapter 1 of this title includes articles 21 and 22. Article 21 deals with the principles that outline EU foreign policy; including compliance with the
Chapter 2 is further divided into sections. The first, common provisions, details the guidelines and functioning of the EU's foreign policy, including establishment of the European External Action Service and member state's responsibilities. Section 2, articles 42 to 46, deal with military cooperation (including Permanent Structured Cooperation and mutual defence).
- Title 6, Final provisions
Article 47 establishes a
Treaty on the Functioning of the European Union
The Treaty on the Functioning of the European Union goes into deeper detail on the role, policies and operation of the EU. It is split into seven parts.[1][2]
- Part 1, Principles
In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that the EU shall respect the status of religious, philosophical and non-confessional organisations under national law.[2]
- Part 2, Non-discrimination and citizenship of the Union
The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the EU will "combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation". Articles 20 to 24 establishes
- Part 3, Union policies and internal actions
Part 3 on policies and actions is divided by area into the following titles: the
- Part 4, Association of the overseas countries and territories
Part 4 deals with association of overseas territories. Article 198 sets the objective of association as promoting the economic and social development of those associated territories as listed in annex 2. The following articles elaborate on the form of association such as customs duties.[2]
- Part 5, External action by the Union
Part 5 deals with
- Part 6, Institutional and financial provisions
Part 6 elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of
- Part 7, General and final provisions
Part 7 deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this is enacted by a protocol attached to the treaties), immunities and the effect on treaties signed before 1958 or the date of accession.[2]
Protocols, annexes and declarations
There are 37 protocols, 2 annexes and 65 declarations that are attached to the treaties to elaborate details, often in connection with a single country, without being in the full legal text.[1]
- Protocols;[4]
- 1: on the role of National Parliaments in the European Union
- 2: on the application of the principles of subsidiarity and proportionality
- 3: on the statute of the Court of Justice of the European Union
- 4: on the statute of the European System of Central Banks and of the European Central Bank
- 5: on the statute of the European Investment Bank
- 6: on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union
- 7: on the privileges and immunities of the European Union
- 8: relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms
- 9: on the decision of the Council relating to the implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other
- 10: on permanent structured cooperation established by Article 42 of the Treaty on European Union
- 11: on Article 42 of the Treaty on European Union
- 12: on the excessive deficit procedure
- 13: on the convergence criteria
- 14: on the Euro Group
- 15: on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland
- 16: on certain provisions relating to Denmark
- 17: on Denmark
- 18: on France
- 19: on the Schengen acquis integrated into the framework of the European Union
- 20: on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland
- 21: on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice
- 22: on the position of Denmark
- 23: on external relations of the Member States with regard to the crossing of external borders
- 24: on asylum for nationals of Member States of the European Union
- 25: on the exercise of shared competence
- 26: on services of general interest
- 27: on the internal market and competition
- 28: on economic, social and territorial cohesion
- 29: on the system of public broadcasting in the Member States
- 30: on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom
- 31: concerning imports into the European Union of petroleum products refined in the Netherlands Antilles
- 32: on the acquisition of property in Denmark
- 33: concerning Article 157 of the Treaty on the Functioning of the European Union
- 34: on special arrangements for Greenland
- 35: on Article 40.3.3 of the Constitution of Ireland
- 36: on transitional provisions
- 37: on the financial consequences of the expiry of the ECSC treaty and on the Research fund for Coal and Steel
- Annexes[5]
- Annex I lists agricultural and marine produce covered by the Common Agricultural Policy and the Common Fisheries Policy.
- Annex II lists the overseas countries and territories associated with the EU.
- Declarations[6]
There are 65 declarations attached to the EU treaties. As examples, these include the following. Declaration 1 affirms that the charter, gaining legal force, reaffirms rights under the European Convention and does not allow the EU to act beyond its conferred competencies. Declaration 4 allocates an extra MEP to Italy. Declaration 7 outlines Council voting procedures to become active after 2014. Declaration 17 asserts the
Euratom
As well as the two main treaties, their protocols and the Charter of Fundamental Rights; the Treaty Establishing a
Title one outlines the tasks of Euratom. Title two contains the core of the treaty on how cooperation in the field is to take place. Title three outlines institutional provisions and has largely been subsumed by the European Union treaties. Title four is on financial provisions and title five on the general and title six is on final provisions.[7]
Amendment and ratification
This article is part of a series on |
European Union portal |
The treaties can be changed in three different ways. The ordinary revision procedure is essentially the traditional method by which the treaties have been amended and involves holding a full inter-governmental conference. The simplified revision procedure was established by the Treaty of Lisbon and only allows for changes which do not increase the power of the EU. While using the passerelle clause does involve amending the treaties, as such, it does allow for a change of legislative procedure in certain circumstances.
The ordinary revision procedure for amending treaties requires proposals from an institution to be lodged with the European Council. The President of the European Council can then either call a European Convention (composed of national governments, national parliamentarians, MEPs and representatives from the Commission) to draft the changes or draft the proposals in the European Council itself if the change is minor. They then proceed with an Intergovernmental Conference (IGC) which agrees the treaty which is then signed by all the national leaders and ratified by each state.[8]
While this is the procedure that has been used for all treaties prior to the Lisbon Treaty, an actual European Convention (essentially, a
The simplified revision procedure, which applies only to part three of the Treaty on the Functioning of the European Union and cannot increase the powers of the EU, sees changes simply agreed in the European Council by a decision before being ratified by each state.[8] The amendment to article 136 TFEU makes use of the simplified revision procedure due to the small scope of its change.
Any reform to the legal basis of the EU must be ratified according to the procedures in each member state. All states are required to ratify it and lodge the instruments of ratification with the Government of Italy before the treaty can come into force in any respect. In some states, such as Ireland, this is usually a referendum as any change to that state's constitution requires one. In others, such as Belgium, referendums are constitutionally banned and the ratification must take place in its national parliament.
On some occasions, a state has failed to get a treaty passed by its public in a referendum. In the cases of Ireland and Denmark a second referendum was held after a number of concessions were granted. However, in the case of France and the Netherlands, the treaty was abandoned in favour of a treaty that would not prompt a referendum. In the case of Norway, where the treaty was their accession treaty, the treaty (hence, their membership) was also abandoned.
Treaties are also put before the
Minor amendments not requiring ratification
The treaties contain a passerelle clause which allows the European Council to unanimously agree to change the applicable voting procedure in the Council of Ministers to QMV and to change legislation adoption procedure from a special to the ordinary legislative procedure, provided that no national parliament objects. This procedure cannot be used for areas which have defence implications.[8]
The fourth amendment procedure is for changing status of some of the
Legend for below table: [Amending] – [Membership]
European Council decision type | Established/Amended | Agreed in | Agreed on | Effective from | Ceased |
---|---|---|---|---|---|
Changing status of French territory[11] | Withdrawal of Saint-Barthélemy (OMR to OCT)
|
Brussels, BE | 29 October 2010 | 1 January 2012 | in force |
Changing status of French territory[12] | Enlarged to Mayotte (OCT to OMR) | Brussels, BE | 11 July 2012 | 1 January 2014 | in force |
Ratified treaties
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 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 |
European Union (EU) | [Cont.] | |||||||||||||||
European Communities (EC) | (Pillar I) | ||||||||||||||||
European Atomic Energy Community (EAEC or Euratom) | [Cont.] | ||||||||||||||||
/ / / European Coal and Steel Community (ECSC) | |||||||||||||||||
European Economic Community (EEC) | |||||||||||||||||
Schengen Rules | European Community (EC) | ||||||||||||||||
'TREVI'
|
|||||||||||||||||
/ North Atlantic Treaty Organisation (NATO) | [Cont.] | Police and Judicial Co-operation in Criminal Matters (PJCC, pillar II )
| |||||||||||||||
Anglo-French alliance |
[Defence arm handed to NATO] | European Political Co-operation (EPC) | Common Foreign and Security Policy (CFSP, pillar III) | ||||||||||||||
Western Union (WU) | / Western European Union (WEU) | [Tasks defined following the WEU's 1984 reactivation handed to the EU] | |||||||||||||||
[Social, cultural tasks handed to CoE] | [Cont.] | ||||||||||||||||
Council of Europe (CoE) | |||||||||||||||||
- ^ a b c d e Although 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.
- 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.
- ^ The European Communities obtained common institutions and a shared legal personality (i.e. ability to e.g. sign treaties in their own right).
- ^ The 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.
- ^ Between 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.
- 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 intergovernmentalnature.
Legend for below table: [Founding] – [Amending] – [Membership]
Treaty | Established/Amended | Signed in | Signed on | Effective from | Ceased |
---|---|---|---|---|---|
ECSC Treaty source text | European Coal and Steel Community | Paris, FR | 18 April 1951 | 23 July 1952 | 23 July 2002[13] |
Treaty amending the Treaty establishing the European Coal and Steel Community[14] | Amended Previous
|
Luxembourg, LU | 27 October 1956 | 9 October 1958[15] | 23 July 2002[16] |
EEC Treaty (Treaty of Rome) source text | European Economic Community | Rome, IT | 25 March 1957 | 1 January 1958 | in force |
Euratom Treaty source text | European Atomic Energy Community
|
Rome, IT | 25 March 1957 | 1 January 1958 | in force |
Convention on certain institutions common to the European Communities[17] |
Amended Previous
|
Rome, IT | 25 March 1957 | 1 January 1958 | 1 May 1999[18] |
Netherlands Antilles Convention source text | OCT status for the Netherlands Antilles
|
Brussels, BE | 13 November 1962 | 1 October 1964 | in force |
Merger Treaty source text | Amended Previous
|
Brussels, BE | 8 April 1965 | 1 July 1967 | 1 May 1999[18] |
First Budgetary Treaty | Amended Previous
|
Luxembourg, LU | 22 April 1970 | 1 January 1971 | in force |
Treaty of Accession 1972 | Enlarged to Denmark, Ireland and the United Kingdom | Brussels, BE | 22 January 1972 | 1 January 1973 | in force |
Treaty amending certain provisions of the Protocol on the Statute of the European Investment Bank[19] |
Amended Previous
|
Brussels, BE | 10 July 1975 | 1 October 1977 | in force |
Second Budgetary Treaty | Amended Previous
|
Brussels, BE | 22 July 1975 | 1 June 1977 | in force |
Treaty of Accession 1979 | Enlarged to Greece | Athens, GR | 28 May 1979 | 1 January 1981 | in force |
Greenland Treaty source text
|
Withdrawal of Greenland
|
Brussels, BE | 13 March 1984 | 1 February 1985 | in force |
Treaty of Accession 1985 | Enlarged to Spain and Portugal | Madrid, ES Lisbon, PT |
12 June 1985 | 1 January 1986 | in force |
Single European Act source text | Amended Previous
|
Luxembourg, LU The Hague, NL |
17 February 1986 28 February 1986 |
1 July 1987 | in force |
Treaty of Maastricht source text (Treaty on European Union) |
European Union Amended Previous
|
Maastricht, NL | 7 February 1992 | 1 November 1993 | in force |
Act amending the Protocol on the Statute of the European Investment Bank empowering the Board of Governors to establish a European Investment Fund[20] |
Established the European Investment Fund | Brussels, BE | 25 March 1993 | 1 May 1994 | in force |
Treaty of Accession 1994 | Enlarged to Austria, Finland and Sweden | Corfu, GR | 24 June 1994 | 1 January 1995 | in force |
Treaty of Amsterdam source text | Amended Previous
|
Amsterdam, NL | 2 October 1997 | 1 May 1999 | in force |
Treaty of Nice source text | Amended Previous
|
Nice, FR | 26 February 2001 | 1 February 2003 | in force |
Treaty of Accession 2003 | Athens, GR | 16 April 2003 | 1 May 2004 | in force | |
Treaty of Accession 2005 | Enlarged to Bulgaria and Romania | Luxembourg, LU | 25 April 2005 | 1 January 2007 | in force |
Treaty of Lisbon source text | Amended Previous
|
Lisbon, PT | 13 December 2007 | 1 December 2009 | in force |
Protocol on European Parliament seats source text | Amended Protocol 36
|
Brussels, BE | 23 June 2010 | 1 December 2011[24] | in force |
TFEU ESM amendment source text
|
Amended TFEU Article 136
|
Brussels, BE | 25 March 2011 | 1 May 2013[25] | in force |
Treaty of Accession 2011 source text | Enlarged to Croatia | Brussels, BE | 9 December 2011 | 1 July 2013[26] | in force |
Irish protocol on the Lisbon Treaty | Formalising the Irish guarantees | Brussels, BE | 16 May 2012 – 13 June 2012[27] | 1 December 2014[27][28] | in force |
Brexit Agreement | Withdrawal of the United Kingdom | Brussels, BE London, UK |
24 January 2020 | 1 February 2020[29] | in force |
Abandoned treaties
- 1972 and 1994 Treaties of Accession of Norway
Norway applied to join the European Communities/Union on two occasions. Both times a national referendum rejected membership, leading Norway to abandon their ratification of the treaty of accession. The first treaty was signed in Brussels on 22 January 1972 and the second in Corfu on 24 June 1994.
- Treaty establishing a Constitution for Europe (the European Constitution)
The European Constitution was a treaty that would have repealed and consolidated all previous overlapping treaties (except the Euratom treaty) into a single document. It also made changes to voting systems, simplified the structure of the EU and advanced co-operation in foreign policy. The treaty was signed in Rome on 29 October 2004 and was due to come into force on 1 November 2006 if it was ratified by all member states. However, this did not occur, with France rejecting the document in a national referendum on 29 May 2005 and then the Netherlands in their own referendum on 1 June 2005. Although it had been ratified by a number of member states, following a "period of reflection", the constitution in that form was scrapped and replaced by the Treaty of Lisbon.
Related treaties
Although not formally part of European Union law, several closely related treaties have been signed outside the framework of the EU and its predecessors between the member states because the EU lacked authority to act in the field. After the EU obtained such autonomy, many of these conventions were gradually replaced by EU instruments.
Following on from the success of the
Other early examples include the Statute of the European School of 1957,
Article K.3 of the
Finally, several treaties have been concluded between a subset of EU member states due to a lack of unanimity. The
An updated
- The establishment of the ESM as a "backstop" to the Single Resolution Fund(SRF).
- Reform of ESM Governance
- The precautionary financial assistance instruments
- Clarifications and expansions of the ESM mandate on economic governance;
List
Legend for below table: [in force] – [replaced]
- Ratified treaties
Ratified treaties | ||||||
---|---|---|---|---|---|---|
Treaty | Subject matter | Signed in | Signed on | Parties | Effective from | Status |
Statute of the European School | European Schools | Luxemburg , LU
|
1 September 1957 | 13 EU states[35] | 22 February 1960 | Repealed[a] |
Naples Convention | Customs cooperation | Rome, IT | 7 September 1967 | 13 EU states[36][95] | 1 February 1970 | Repealed[b] |
Brussels Convention )
(Protocol[96] |
Jurisdiction in civil matters | Brussels, BE | 27 September 1968 | 15 EU states[37][97][98][99][100] | 1 February 1973 | in force[c] |
Convention setting up a European University Institute | European University Institute | Florence, IT | 19 April 1972 | 24 EU states[39][41][103][104] EU non-party: HR, CZ, HU, LT |
1 February 1975 | in force[d] |
Rome Convention | Contractual obligations | Rome, IT | 19 June 1980 | 27 EU states[43][105][106][107][108] | 1 April 1991 | in force[e] |
Schengen Agreement | Established open borders | Schengen, LU | 14 June 1985 | 26 EU states[111][f] EU non-party: IE, UK[g] |
26 March 1995 | in force, integrated as Union law[h] |
Dublin Convention
|
Asylum | Dublin, IE | 15 June 1990 | 23 EU states[48][115] | 1 September 1997 | Replaced[i] |
Schengen Convention[80] | Implemented the Schengen Agreement | Schengen, LU | 19 June 1990 | 26 EU states[118][f] EU non-party: IE, UK[g] |
1 September 1993 | in force, integrated as Union law[h] |
Arbitration convention | Elimination of double taxation | Brussels, BE | 23 July 1990 | All 28 EU states[49][119][120] | 1 January 1995 | in force |
Convention revising the Convention setting up a European University Institute | European University Institute | Florence, IT | 17 September 1992 | 24 EU states[40][41][103][104] EU non-party: HR, CZ, HU, LT |
1 May 2007 | in force[j] |
Eurovignette Agreement
|
Vignette | Brussels, BE | 9 February 1994 | 4 EU states[53][121][k] | 1 January 1996 | in force[l] |
Convention on the European Schools | European Schools | Luxemburg , LU
|
21 June 1994 | All 28 EU states[54][124][125] | 1 October 2002 | in force |
Europol Convention | Europol | Brussels, BE | 26 July 1995 | 27 EU states[66] | 1 October 1998 | Replaced[m] |
PFI Convention | Fraud | Brussels, BE | 26 July 1995 | All 28 EU states[67][n] | 17 October 2002 | Replaced[o] |
Customs Information System Convention | Customs cooperation | Brussels, BE | 26 July 1995 | 27 EU states[68] | 25 December 2005 | Replaced[p] |
Convention relating to extradition | Extradition | Dublin, IE | 27 September 1996[70] | 21 EU states[70][n][q] | 5 November 2019 | Replaced[r] |
Convention on the fight against corruption | Corruption | Brussels, BE | 26 May 1997 | 27 EU states[71][n] EU non-party: MT |
28 September 2005 | in force |
Naples II Convention | Customs cooperation | Brussels, BE | 18 December 1997 | All 28 EU states[64] | 23 June 2009 | in force |
Convention on Mutual Assistance in Criminal Matters | Cooperation on criminal matters | Brussels, BE | 29 May 2000 | 26 EU states[75][s] EU non-parties: HR,[t] GR |
23 August 2005 | in force[u] |
EU SOFA | Status of forces agreement | Brussels, BE | 17 November 2003 | All 28 EU states[81] | 1 April 2019 | in force |
Treaty of Strasbourg
|
Eurocorps | Brussels, BE | 22 November 2004 | 5 EU states[83] | 26 February 2009 | in force |
Prüm Convention source text | Terrorism | Prüm, DE | 27 May 2005[137] | 14 EU states[137] | 1 November 2006[137] | in force[v] |
Treaty of Velsen
|
European Gendarmerie Force | Velsen, NL | 18 October 2007 | 7 EU states[86] | 1 June 2012 | in force |
Charter of Fundamental Rights of the European Union source text | Human rights | Strasbourg, FR | 12 December 2007[w] | 26 EU states EU non-party: PL, UK[x] |
1 December 2009 | in force, integrated as Union law[w] |
Convention on centralised customs clearance | Customs clearance
|
Brussels, BE | 10 March 2009[87] | All 28 EU states[87] | 16 January 2019 | in force |
Agreement on the protection of classified information | Classified information | Brussels, BE | 25 May 2011 | All 28 EU states[88] | 1 December 2015 | in force |
) | European Stability Mechanism | Brussels, BE | 2 February 2012[145] | All 20 eurozone states[145] | 27 September 2012[146][147] | in force |
European Fiscal Compact source text | Fiscal rules in the eurozone | Brussels, BE | 2 March 2012[148] | 27 EU states[148] EU non-party: UK |
1 January 2013[149] | in force |
Single Resolution Fund Agreement )
(Amendment[150] |
Single Resolution Fund
|
Brussels, BE | 21 May 2014[151] | 24 EU states[152] (all 20 eurozone states) |
1 January 2016[152] | in force |
Agreement for the Termination of Bilateral Investment Treaties
|
Bilateral investment treaty | Brussels, BE | 5 May 2020[153] | 23 EU states[153] EU non-party: AT, FI, IE, SE, UK[y] |
29 August 2020 | in force |
) | Unified Patent Court | Brussels, BE | 19 February 2013[158][159] | 17 / 25 Signatories[158]
|
1 June 2023 | in force |
- ^ Replaced by the Convention defining the Statute of the European schools on 1 October 2002.[35]
- ^ Replaced by the Naples II Convention on 23 June 2009.[64]
- ^ Amended by the Convention revising the Convention setting up a European University Institute of 1992, which entered into force in 2007 when the last contracting state ratified the Convention.
- ^ Superseded by the Rome I Regulation on 17 December 2009 for the territory covered by the EU treaties for all member states except the United Kingdom and Denmark.[109] The United Kingdom subsequently decided to opt-in to the Rome I Regulation, effective 17 December 2009.[110]
- ^ a b Iceland, Liechtenstein, Norway, Switzerland have also ratified agreements to apply some of the provisions of this agreement.[112][113][114]
- ^ a b Ireland and the United Kingdom have an opt-out from participating in the Agreement.
- ^ a b Incorporated into Union Law in 1999 as a Protocol to the Treaty of Amsterdam.
- ^ Amended the Convention setting up a European University Institute of 1992.
- ^ Germany denounced the agreement in 2017, while Belgium denounced it in 2019.[53]
- ^ a b c The United Kingdom subsequently opted out from participating in this convention as of 1 December 2014.[128]
- ^ Replaced by a Council Decision on 27 May 2011.[130]
- ^ Iceland, Liechtenstein, Norway, Switzerland have also ratified agreements to apply the Schengen Acquis, including some of the provisions of this agreement.[112][131][113][114]
- ^ Replaced by the European Arrest Warrant Decision for the territory covered by the EU treaties for all member states on 7 August 2002,[132] and by a bilaterial agreement with Iceland and Norway on 1 November 2019.[133]
- ^ Iceland and Norway have also ratified an agreement to apply some of the provisions of this agreement.[77]
- ^ Accession agreed to as part of Croatia's treaty of accession to the EU, but entry into force is pending a decision of the Council.[76][134]
- ^ Partially replaced by the European Investigation Order on 21 May 2014 for all member states except Denmark and Ireland.[135][136]
- ^ a b Charter was originally solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission.[142] An amended version of the Charter was incorporated into Union Law in 2009 with the Treaty of Lisbon adding an Article to the Treaty on the European Union referencing it.[143]
- ^ Poland and the United Kingdom have an opt-out from participating in the Charter.
- ^ Ireland has no remaining BIT with other EU member states in force, so the agreement is not relevant to it.[154][155]
- Signed treaties
Signed treaties | |||||
---|---|---|---|---|---|
Treaty | Subject matter | Signed in | Signed on | Ratification (of signatories) |
Status |
Treaty establishing the European Defence Community | European Defence Community
|
Paris, FR | 27 May 1952[31][34][32] | 4 / 6
|
Abandoned |
Convention on mutual recognition of companies and legal persons (Protocol[160]) |
Recognition of companies and legal persons | Brussels, BE | 29 February 1968[55][161] | 5 / 6
|
Abandoned[a] |
Community Patent Convention )
(Protocol[162] |
Patents | Luxembourg, LU | 15 December 1975[163] | 7 / 9
|
Replaced[b] |
Agreement on the Suppression of Terrorism | Terrorism | Dublin, IE | 4 December 1979[42] | 5 / 9
|
Replaced[c] |
Convention on double jeopardy | Double jeopardy | Brussels, BE | 25 May 1987[44][164][165][166] | 9 / 13
|
Replaced[d] |
Convention abolishing the legalization of documents | Legalization of documents
|
Brussels, BE | 25 May 1987[46][171][172] | 8 / 14
|
Replaced[e] |
Agreement on the application of the Convention on the Transfer of Sentenced Persons | Convention on the Transfer of Sentenced Persons | Brussels, BE | 25 May 1987[45][174][175] | 6 / 12
|
Replaced[f] |
Agreement on the simplification and modernization of extradition requests | Extradition | San Sebastian , ES
|
26 May 1989[47][177][178] | 9 / 13
|
Replaced[g] |
Agreement relating to Community patents | Patents | Luxembourg, LU | 15 December 1989[62] | 7 / 12
|
Abandoned[h] |
Maintenance Convention | Child maintenance
|
Rome, IT | 6 November 1990[50][179] | 5 / 12
|
Replaced[i] |
Transfer of Criminal Proceedings Agreement | Transfer of criminal proceedings | Rome, IT | 6 November 1990[51] | 2 / 9
|
Abandoned[j] |
Convention on the Enforcement of Foreign Criminal Sentences | Criminal sentences | Brussels, BE | 13 November 1991[52][184] | 5 / 12
|
Replaced[k] |
Convention on simplified extradition procedure | Extradition | Brussels, BE | 10 March 1995[65][185] | 20 / 21 [l][m]
|
Replaced[n] |
Convention on Insolvency Proceedings | International insolvency
|
Brussels, BE[o] | November 23, 1995[69] | 0 / 14 [186][187][188]
|
Replaced[p] |
Service Convention
|
Service of documents | Brussels, BE | 26 May 1997[72][191] | 1 / 15
|
Replaced[q] |
Convention on matrimonial matters | Divorce and child custody | Brussels, BE | 28 May 1998[73][194] | 0 / 15
|
Replaced[r] |
Convention on driving disqualifications | Driving disqualifications | Brussels, BE | 17 June 1998[74] | 7 / 19 [l]
|
Repealed[s] |
EU claims agreement | Claims for damages during EU crisis management operations | Brussels, BE | 28 April 2004[82] | 26 / 28
|
Under ratification |
Treaty Establishing the
European Stability Mechanism source text |
European Stability Mechanism | Brussels, BE | 11 July 2011[197] | 0 / 17
|
Replaced[t] |
- Treaty establishing the European Economic Community of 1957 to clarify Articles 52 and 58 of the same treaty on the mutual recognition of companies. Article 220 was deleted by the 2007 Treaty of Lisbon amendments, with the latter two articles being renumbered Articles 49 and 54 in the Treaty on the Functioning of the European Union.
- ^ Replaced by the Agreement relating to Community patents of 15 December 1989.[61]
- ^ Substance replaced by the European Arrest Warrant Decision for the territory covered by the EU treaties for all member states on 7 August 2002.[132]
- ^ Substance replaced by the Schengen Convention on 26 March 1995,[167] which applies to all signatories and parties[168][169] but is not yet effective in Ireland.[170]
- ^ Substance replaced by a Regulation on 16 February 2019.[173]
- ^ Substance replaced by a Council Framework Decision on 5 December 2011.[176]
- ^ Replaced by the European Arrest Warrant Decision for the territory covered by the EU treaties for all member states on 7 August 2002.[132]
- Agreement on a Unified Patent Courtof 19 February 2013.
- Brussels Regulation, for all member states except the United Kingdom and Denmark on 18 June 2011.[180] The United Kingdom subsequently decided to opt-in to the Maintenance Regulation, which was officially finalised on 12 June 2009.[181] Denmark, which did not ratify the Maintenance Convention, participates in the Brussels Regulation by way of a bilateral agreement.[102] It notified the Commission of its acceptance of the amendments to the Brussels Regulation made by the Maintenance Regulation on 14 January 2009,[182]and therefore partially applies the maintenance regulation in so far as it amends the Brussels regulation on jurisdiction.
- ^ Substance proposed to be replaced by a Framework Decision in 2009.[183]
- ^ Replaced by a Council Framework Decision on 5 December 2011.[176]
- ^ a b The United Kingdom subsequently opted out from participating in this convention as of 1 December 2014.[128]
- ^ Iceland, Liechtenstein, Norway, Switzerland have also ratified agreements to apply the Schengen Acquis, including some of the provisions of this agreement.[112][131][113][114]
- ^ Replaced by the European Arrest Warrant Decision for the territory covered by the EU treaties for all member states on 7 August 2002,[132] and by a bilaterial agreement with Iceland and Norway on 1 November 2019.[133]
- ^ Not signed by the UK
- ^ Substance replaced by the Insolvency Regulation for all member states except Denmark on 31 May 2002.[189][190]
- ^ Substance replaced by the Service Regulation for all member states except Denmark on 31 May 2001,[192] and by a bilateral agreement with Denmark on 1 July 2007.[193]
- ^ Repealed by an Regulation on 22 February 2016.[196]
- Treaty Establishing the European Stability Mechanism signed on 2 February 2012.[145]
See also
References
Citations
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- ^ EU founding treaties have created, unlike ordinary international treaties, a new legal order, whose actors are not only states, but also theirs citizens: Buonomo, Giampiero (2015). "Le corti europee tra diritti e sanzioni". Golem Informazione. Archived from the original on 1 August 2012. Retrieved 13 April 2016.
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{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Archived copy". eur-lex.europa.eu. Archived from the original on 7 March 2009. Retrieved 15 January 2022.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Archived copy". eur-lex.europa.eu. Archived from the original on 7 March 2009. Retrieved 15 January 2022.
{{cite web}}
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Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:
[...]
(e) the following new paragraph shall be added at the end of the Article:
"6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission."
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- ^ "Agreement amending the Agreement on the transfer and mutualisation of contributions to the Single Resolution Fund". Council of the European Union. Retrieved 2 May 2021.
- ^ "Member states sign agreement on bank resolution fund" (PDF). European Commission. 21 May 2014. Retrieved 30 May 2014.
- ^ a b "Agreement details". Council of the European Union. Retrieved 30 May 2014.
- ^ a b "Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union". Council of the European Union. Retrieved 28 October 2023.
- ^ Moarbes, Charbel A. (21 January 2021). "Agreement for the Termination of Bilateral Investment Treaties Between the Member States of the European Union". International Legal Materials. 60 (1). Cambridge University Press: 99–137. Retrieved 4 February 2024.
- ^ Marisi, Flavia (2023). Rethinking Investor-State Arbitration. Springer Publishing.
Ireland has no intra-BIT in place.
- ^ "Protocol to the Agreement on a Unified Patent Court on provisional application (PPA)". Council of the European Union. Retrieved 2 May 2021.
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- ^ a b "Agreement on a Unified Patent Court". Council of the European Union. Retrieved 5 March 2013.
- ^ "Signing of the Unified Patent Court agreement" (PDF). Council of the European Union. 19 February 2013. Retrieved 19 February 2013.
- ^ "Protocol concerning the interpretation by the Court of Justice of the Convention of 29 February 1968 on the mutual recognition of companies and legal persons". Council of the European Union. Retrieved 31 December 2021.
- ^ "Convention on the Mutual Recognition of Companies and Legal Persons". Government of the Netherlands. Retrieved 19 January 2019.
- ^ "Protocol on a possible modification of the conditions of entry into force of the Agreement relating to Community Patents". Council of the European Union. Retrieved 31 December 2021.
- ISBN 9781349113446.
- ^ "CONVENTION ENTRE LES ETATS MEMBRES DES COMMUNAUTES EUROPEENNES, RELATIVE A L'APPLICATION DU PRINCIPE "NE BIS IN IDEM" SIGNEE A BRUXELLES LE 25 MAI 1987" (PDF). Government of Belgium. Retrieved 20 July 2018.
- ^ "Convention between the Member States of the European Communities on double jeopardy". Government of the Netherlands. Retrieved 20 July 2018.
- ^ "Convention between the Member States of the European Communities on Double Jeopardy". Government of the United Kingdom. Retrieved 20 July 2018.
- ^ "The Schengen acquis – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders". Official Journal of the European Union. L (239). 22 September 2000. Retrieved 26 December 2018.
- ^ "2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis". Official Journal of the European Union. L (131). 1 June 2000. Retrieved 26 December 2018.
- ^ "2002/192/EC: Council Decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis". Official Journal of the European Union. L (64). 7 March 2002. Retrieved 26 December 2018.
- ^ "2004/926/EC: Council Decision of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland". Official Journal of the European Union. L (395): 70. 31 December 2004. Retrieved 26 December 2018.
- ^ "CONVENTION RELATIVE A LA SUPPRESSION DE LA LEGALISATION D'ACTES DANS LES ETATS MEMBRES DES COMMUNAUTES EUROPEENNES, FAITE A BRUXELLES LE 25 MAI 1987" (PDF). Government of Belgium. Retrieved 23 December 2018.
- ^ "Convention abolishing the legalisation of documents in the Member States of the European Communities". Government of the Netherlands. Retrieved 23 December 2018.
- ^ "REGULATION (EU) 2016/1191 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012". Official Journal of the European Union. L (200): 1. 26 July 2016. Retrieved 26 December 2018.
- ^ "ACCORD RELATIF A L'APPLICATION, ENTRE LES ETATS MEMBRES DES COMMUNAUTES EUROPEENNES, DE LA CONVENTION DU CONSEIL DE L'EUROPE SUR LE TRANSFEREMENT DES PERSONNES CONDAMNEES, FAIT A BRUXELLES LE 25 MAI 1987" (PDF). Government of Belgium. Retrieved 21 July 2018.
- ^ "Agreement on the application among the Member States of the European Communities of the Council of Europe Convention on the transfer of sentences persons". Government of the Netherlands. Retrieved 21 July 2018.
- ^ a b "Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union". Official Journal of the European Union. L (327): 27. 5 December 2008. Retrieved 3 June 2018.
- ^ "Agreement between the Member States of the European Communities on the simplification and modernization of the method of transmission of extradition requests". Government of the Netherlands. Retrieved 3 June 2018.
- ^ "The European Convention on Extradition Order 1990 (Amendment) Order 1996". Government of the United Kingdom. Retrieved 3 June 2018.
- ^ "Convention between the Member States of the European Communities on the simplification of procedures for the recovery of maintenance payments". Government of the Netherlands. Retrieved 6 January 2019.
- ^ "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations". Official Journal of the European Union. L (7): 1. 10 January 2009. Retrieved 28 December 2018.
- ^ "COMMISSION DECISION of 8 June 2009 on the intention of the United Kingdom to accept Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations". Official Journal of the European Union. L (149): 73. 12 June 2009. Retrieved 28 December 2018.
- ^ "Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters". Official Journal of the European Union. L (149): 80. 12 June 2009.
- ^ "Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Latvia, the Republic of Lithuania, Republic of Hungary, the Kingdom of the Netherlands, Romania, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden for a Council Framework Decision 2009/…/JHA of … on transfer of proceedings in criminal matters". Official Journal of the European Union. C (219): 7. 12 September 2009. Retrieved 9 February 2019.
- ^ "Convention between the Member States of the European Communities on the Enforcement of Foreign Criminal Sentences". Government of the Netherlands. Retrieved 3 June 2018.
- ISBN 9780521113571.
- ^ "Resolution on the Convention on Insolvency Proceedings of 23 November 1995". Official Journal of the European Union. C (279). 1999.
- ^ "HISTORY AND BACKGROUND TO THE EC REGULATION ON INSOLVENCY PROCEEDINGS". Government of the United Kingdom. Retrieved 12 January 2019.
- ISBN 9789050954983.
- ^ "Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings". Official Journal of the European Union. L (160). 30 June 2000. Retrieved 23 June 2015.
- ^ "Opinion of the Economic and Social Committee on the 'Initiative of the Federal Republic of Germany and the Republic of Finland with a view to the adoption of a Council Regulation on insolvency proceedings, submitted to the Council on 26 May 1999'". Official Journal of the European Union. C (75). 15 March 2000. Retrieved 12 January 2019.
- ^ "Service of documents in civil or commercial matters". European Union. 5 April 2007. Retrieved 28 June 2015.
- ^ "Council regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters". Official Journal of the European Union. L (160). 30 June 2000. Retrieved 27 May 2018.
- ^ "Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters". Council of the European Union. Retrieved 31 May 2018.
- ^ "Jurisdiction, recognition and enforcement of judgments in matrimonial matters". European Union. 23 March 2004. Retrieved 28 June 2015.
- ^ "Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses". Official Journal of the European Union. L (160). 30 June 2000. Retrieved 27 May 2018.
- ^ "Regulation (EU) 2016/95 of the European Parliament and of the Council of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters". Official Journal of the European Union. L (26): 9. 2 February 2016. Retrieved 27 May 2018.
- ^ "Agreement – Consilium". Consilium.europa.eu. Retrieved 20 May 2015.
Sources
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