The Lisbon Treaty: what is it?

The Lisbon Treaty aims to modernise how the European Union, now enlarged to 27 members, functions. While the Lisbon Treaty does not contain any flagship measures that advance European integration such as the euro, it nevertheless thoroughly adapts the rules of the existing treaties so that the Union can react to the new challenges of the 21st century.

As such, the treaty reforms the architecture of the institutions, makes decision-making more flexible and strengthens the Union’s external representation.

• The origins of the Lisbon Treaty
• The provisions of the Lisbon Treaty
• The history of the negotiations
• Landmark events

The origins of the Lisbon Treaty can be found in the Laeken Declaration in which heads of state or government committed to reform the European Institutions in order to make the Union more democratic and more efficient. As a result of this, a constitutional treaty was adopted in 2004 but was not ratified following its rejection by the French and Dutch people in referenda in 2005. The rejection of the Constitutional Treaty led to a period of reflection at EU level.

Two years after the period of reflection started, the idea of a simplified treaty emerged as the solution to overcoming the institutional blockade.
December 1st 2009

The Lisbon Treaty entered into force on December 1st 2009, i.e. the first day of the month following completion of the ratification process in the 27 signatory states with the depositing of the ratification instruments in Rome.During the European Council of June 21st and 22nd 2007, the 27 heads of state or government called an Intergovernmental Conference (CIG) to draft a reform treaty.

As a result of the Intergovernmental Conference, the EU’s heads of state or government approved the treaty text during the informal summit on October 18th and 19th. On December 13th 2007, the 27 leaders met in Lisbon in order to sign the new treaty.

The Member States then each started the ratification of the text in parliament or, in Ireland’s case, by referendum. On February 14th 2008, France became the 5th country to have ratified the new treaty with the publication of the law authorising ratification of the Lisbon Treaty.

In October 2009, Ireland ratified the Lisbon Treaty in a second referendum opening the way to the entry into force of the treaty. The Czech Republic, the last of the Union’s 27 Member States, ratified the Lisbon Treaty on November 13th 2009. Thus, the Lisbon Treaty was able to enter into force on December 1st 2009.

The Lisbon Treaty uses the traditional method of reforming the European treaties. It modifies the existing treaties without replacing them. The process is similar to an update of the European Union treaties. After the entry into force of the Lisbon Treaty, the Union became governed by two treaties: the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

Unlike the Constitutional Treaty, EU symbols such as the flag, the anthem and the motto are no longer included in the new text.

The new treaty makes provisions for several essential institutional reforms including:

• The legal personality of the EU

The EU was given a legal personality. It can thus sign up to international agreements in all its domains of competence. The treaty also allows the Union to sign up to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

• Simplification of the decision-making process at the Council of the EU

From November 1st 2014, a qualified majority is defined as being equal to at least 55% of the Council members, including at least 15 of them and representing Member States with at least 65% of the Union’s population. A blocking minority must include at least four members of the Council.

• A permanent presidency of the European Council

A president is now elected by qualified majority for a period of two and a half years which can be renewed once.

• A high representative of European foreign policy

This is a member of the Council of the EU and the European Commission. They head up the Union’s common security and foreign policy. They preside over the Foreign Affairs Council. This person is also one of the vice-presidents of the Commission in charge of external action.

Jean-Luc Sauron’s analysis



Expert on Europe, Jean-Luc Sauron analyses the impact of the Lisbon Treaty on the functioning of the European Union.

Read more (FR)

• Strengthening the role of national parliaments

The new treaty makes provisions for a stronger control mechanism for respect of the principal of subsidiarity. This mechanism enables national parliaments to block Commission proposals that do not respect this principal.

• Clarification of the division of competencies between the Union and the Member States

The new text lists the domains of exclusive competency, shared competency and supporting competency.

• The possibility of a citizens' initiative

European citizens have acquired the right to invite the European Commission, within the framework of its remit, to submit appropriate proposals to the European Parliament and to the Council of the European Union. To do this, one must gather the approval of one million Union citizens from a significant number of Member States. The requested legal act must also be “required for the purpose of implementing the Treaties”.

• The European Charter of Fundamental Rights gains legal force that is binding for 25 Member States. The United Kingdom and Poland have a derogation with regard to its application.

•   The European Central Bank becomes a real institution of the EU on the same footing as the European Commission, the Council, the European Parliament, the European Court of Justice and Court of Auditors

• With regard to police and judicial cooperation, the majority of decisions are now taken by majority vote and not unanimously.

• The fight against climate change gained priority status in the new treaty.

• For the first time, the treaty makes provisions for an exit clause which gives Member States the right to withdraw from the European Union

The negotiations on the Lisbon Treaty continued well beyond the 2007 Intergovernmental Conference until October 2009. Discussions were necessary at several European Councils to finalise the Lisbon Treaty and to satisfy all 27 Member States.

First step: the informal Council of October 18th and 19th 2007 during the Portuguese Presidency

On the eve of the informal summit of the 18th and 19th October, last minute objections on the Lisbon Treaty project were expressed by some Member States.

Italy was angered by the new division of seating in the European Parliament that had been announced a few days earlier, Poland wanted to include the Ioaninna compromise in the treaty and the United Kingdom refused to implement the Charter of Fundamental Rights. Austria, for its part, wanted to limit the number of foreign students in its universities. The draft reform treaty thus seemed to be an already fragile compromise.

However, on the night of the 18th October, the European leaders came to a final agreement on the new reform treaty that satisfied all the Member States. Several exceptions were agreed:

Poland ensured that the Ioaninna compromise gained greater legal weight than was originally planned. The Ioaninna compromise enables a group of Member States that are close to but not quite at the blocking minority, to temporarily oppose a decision Council made by qualified majority.

Italy gained one extra representative (i.e. 73 MEPs, the same number as Great Britain) in the European Parliament due to a device that means that the ceiling of 750 MEPs is not passed – the president of the institution is no longer counted in this 750 thus bringing the number to 751 (750 MEPs plus the President of the European Parliament).

Lastly, the United Kingdom was satisfied about its ‘red lines’. Firstly, to compensate for its loss of veto, the United Kingdom gained the benefit of a non-participation clause in the area of justice and home affairs. In effect, London gained the right to à la carte participation in police and judicial cooperation issues that it is interested in without being able to prevent its European partners from strengthening their integration in this area.

Secondly, the Charter of Fundamental Rights does not apply to the United Kingdom. Poland decided to join the United Kingdom on this point.

Supplementary negotiations during the French Presidency in December 2008

The Lisbon Treaty was at the centre of the discussions by heads of state and government who met on December 11th and 12th 2008 at the closing of the French Presidency of the EU. Following the rejection of the Lisbon Treaty in the Irish referendum of June 2008, the Irish government wished to negotiate derogations for its country.

The 27 Member States came to an agreement on Ireland during the December Council. Ireland committed to holding another referendum on the treaty before autumn 2009 in exchange for legally binding guarantees on tax issues, ethical issues and military neutrality. Furthermore, contrary to the provisions of the initial text, each of the 27 Member States of the European Union, including Ireland, continue to have a European Commissioner.

The home straight: the European Council of October 2009 under the Swedish Presidency

After ratification of the Lisbon Treaty by Ireland and Poland, only the Czech Republic was left to ratify the treaty and therefore complete the process. Yet, under pressure from his European partners, Czech President Vaclav Klaus decided to sign the document, dependant on some derogations on the Charter of Fundamental Rights. Following the example of the British solution as established in protocol no. 30, the Charter of Fundamental Rights does not apply to the Czech Republic. The agreement of the Czech president enabled the treaty to enter into force on December 1st 2009.

• December 1st 2009: The treaty enters into force.
• November 3rd 2009: The Czech president ratifies the Lisbon Treaty. The Czech Republic is the last Member State to ratify it
• October 2nd 2009: In its second referendum on the issue, Ireland ratifies the Lisbon Treaty with 67% of the votes in favour of the treaty.
• June 2009: European elections. European Council on the guarantees for Ireland – the size of the Commission, taxation, neutrality and the right to life.
• February 2009: parliamentary debate on the treaty in the Czech Republic. The date of the vote was not yet agreed upon.
• January 1st 2009: The Czech Republic, which had not yet ratified the treaty, takes on the Presidency of the Council of the EU.
• December 11th and 12th 2008: European Council. Ireland and the Czech Republic agree to vote on the Lisbon Treaty in 2009.
• June 12th 2008: Ireland rejects the treaty in a referendum with 53.4% of the electorate voting against.
• April 1st 2008: The Polish Diet votes in the law permitting ratification of the Lisbon Treaty which the Polish president must however complete.
• 2008: Rotating EU Presidency goes to Slovenia (first semester) and France (second semester). 
• December 13th 2007: The 27 heads of state or government meet in Lisbon to sign the new treaty.
• October 18th and 19th 2007: Final agreement of the heads of state and government on the reform treaty in Lisbon.
• July-October 2007: Work in the CIG under the control of the European Council and the European Parliament.
• July 23rd 2007: Opening of the CIG in charge of drafting the new European treaty in Lisbon.
• June 21st and 22nd 2007: The 27 heads of state or government call an Intergovernmental Conference (CIG) to write up a draft reform treaty.

To find out more

Consult the text of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community [pdf – 746kb] – Council of the EU

Special European Parliament page on the Lisbon Treaty

Consult the consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union (consolidated version of the Lisbon Treaty) – 09/05/08 – Council of the European Union

Understanding the Lisbon Treaty – Robert Schuman Foundation

Mise à jour : 27/07/10