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After years of negotiation over institutional matters, the Treaty of Lisbon entered into force on 1 December 2009. Described as the foundation for a more democratic, transparent, and efficient Europe, the Treaty provides the EU with a new legal framework and tools to tackle future challenges. It consists of amendments to the Union's two main treaties, Treaty on European Union (TEU) and Treaty establishing the European Community (TEC), with the latter being renamed as Treaty on the Functioning of the European Union (TFEU).

By bringing over 40 new fields within the co-decision procedure, the Lisbon Treaty places the European Parliament on an equal footing with the Council of Ministers in deciding on the vast majority of EU laws. Key areas of increased European Parliament (EP) power include agricultural expenditure, energy security, health and structural funds. The Parliament’s budgetary powers are also extended to the entirety of the EU budget.

While the main principles and objectives of EU environmental policy remain largely unchanged, the Treaty reinforces the EU’s commitment to sustainable development, the fight against climate change, and development of renewable energy sources.

Although the concept of sustainable development was already present in the existing treaties, the Treaty of Lisbon reinforces the Union’s pledge to pursue this objective both within and beyond its borders. Article 3.3 TEU states that the Union “shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment.” The change of emphasis brought by the amendment underlines the different dimensions of sustainable development (economic, social, and environmental). The same article also introduces specific reference to the promotion of scientific and technological progress, which could also have implications for environmental protection. In its relations with the wider world, the EU shall uphold and promote its values and contribute to the “sustainable development of the Earth.” To this end, the Union will work towards the adoption of “international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources” (Art. 21.2 TEU).

The Environment Title of the TFEU reaffirms the EU’s commitment to regional and worldwide environmental protection and introduces a specific reference to the goal of combating climate change. It thus recognizes the EU’s leading role on the world stage in this area and reflects the prominent place climate change has gained on the EU’s environmental agenda.

A new Energy Title provides that European energy policy is enacted with regard to “the need to preserve and improve the environment” and affirms the goal of promoting energy efficiency and energy savings, as well as the continued development of new and renewable sources of energy.

In addition to the explicit references to sustainable development, climate change and an environment-friendly energy policy, there are potential implications for institutional reforms. The Treaty streamlines the EU’s decision-making procedures and extends qualified majority voting to new policy areas. As legal scholars have noted, “the balance of power within and between the institutions inevitably affects the development and implementation of environmental law and policy.” (Maria Lee (2008), ‘The Environmental Implications of the Lisbon Treaty’, Environmental Law Review, Vol.10, p.132.) 

Further indirect changes to environmental governance may be brought about by Lisbon. For example, the Treaty’s new provisions on public participation may prove relevant. Public engagement has been increasingly viewed as a prerequisite for the effectiveness of environmental policy. Most notably, the Lisbon Treaty provides for the possibility of a ‘citizens’ initiative’, an opportunity that may be particularly appealing for environmental interest groups and lobbies. While there is no obligation on the European Commission to take up a citizens’ proposal, nor any guarantee regarding legislative output, the new right of initiative may improve the likelihood that environmental issues become part of the debate. (Ibid., p.134)

The Treaty also introduces a single legal personality for the Union, enabling it to conclude international agreements and join international organisations. It ensures consistency of EU policies on the international arena, by connecting the different strands of EU external action, such as diplomacy, security, trade, development, humanitarian aid and international negotiations.

Further reading on the treaty of Lisbon…

Original source: IUCN European Union Update #6