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Treaty of Nice

The future enlargement of the E.U. to the states currently associated outlined problems that implied a reform of its institutions and of its constitutive treaties. These reforms are reflected in the Treaty of Nice

It was created as a consequence of the European Council of Nice, celebrated on the 7th, 8th and 9th of December, 2000, and with which ended the six month period of the French Presidency of the EU. For the first time and together with the Heads of States or Government of the 15 Member States, representatives attended from the countries that had signed adhesion treaties with the EU.

The principal innovations introduced by the Treaty are:

  • To introduce the requirement of qualified majority voting by theCouncil for all or some of the provisions of 10 articles related to community policies.
  • The previously named Official Journal of the European Communities becomes the Official Journal of the European Union.
  • In relationship to the meeting place of the Council, from 2002 onwards half of the annual meetings of the European Council and at a minimum one per year will be celebrated in Brussels. When the Union is enlarged to 18 members, all the meetings of the European Council will be celebrated in Brussels.
  • With respect to theCommission, the Treaty introduces a modification in the appointment procedure of the President and the Commissioners, with the introduction of the rule of qualified majority in the Council instead of unanimity voting for the decisions adopted in this procedure. Together with this, the powers of the President of the Commission have been reinforced, whom exercises the functions of the internal organization of the Commission, assigns responsibilities, appoints the Vice-presidents and has the power of dismissal over Commissioners.

  • The appointment of the Secretary General and of the Assistant Secretary General of the Council changes to qualified majority voting instead of unanimity voting.
  • It is established a new limit to the number of members of the Parliament that will now not exceed 732..

    To establish the statute and the general conditions of execution of the parliamentary functions it will require the previous judgment of the Commission and the approval of the Council by qualified majority. Although unanimity voting will be maintained for all regulations or conditions relative to the fiscal regime of the current members or of older members.

  • With respect to the Court of Justice, the modifications that are produced, with respect to what was established by the EECT,are in reference to the Court of First Instance, to Advocates General and to the composition of the Court of Justice as well as the Court of First Instance with forethought to the next enlargement of the EU.

    The Annex V of the Treaty contains the Protocol on the Statute of the Court of Justice in which appears the Statute of Judges and Advocates General, their procedures and their organization.

  • The Court of Auditors passes to be formed by a national of each Member State instead of 15 members, as it was before. It prepares the institution for future enlargement.Its members will also be appointed by qualified majority voting and after Parliamentary review. Court regulation will require the approval of the Council by qualified majority

  • The Treaty also modifies the structure and composition of the Economic and Social Committee, introducing a new category of people that should form part, such as consumers. Furthermore, the number of members will exceed 350, being foreseen the possibility of increasing the current number of 222 by enlargement.

    Previously the States proposed a list and the Council after consulting with the Commission decided the appointment of the members of the ESC. Now they will be appointed based on proposals from Member States and the Council will adopt the decision by qualified majority voting from the list of members based on proposals from the States.

  • With respect to theCommittee of the Regions, its members will hold an electoral mandate either regionally or locally or they will have to exhibit political responsibility before an elective assembly.

    The number of members will never exceed 350 and it will be the Council who, by qualified majority, adopts the substitution list based on the proposals of the Member States.

  • Annex I of the Treaty of Nice holds the Protocol on the Enlargement of the EU and consists of 4 articles related to the principal institutions of the Union:

    • Article 1 abolishes the Protocol on the institutions from the perspective of the enlargement relative to the TEU and to the TEEC.
    • Article 2 collects arrangements related to the European Parliament.
    • Article 3 refers to the weighing voting system in the Council.
    • Article 4 contains new items in relationship to the Commission.
  • The Final Act establishes a Statement related to the Enlargement of the EU in which for a Union of 27 members will appear the seats of each country in the Parliament, the weighted votes in the Council, and the members of the ESC and of the Committee of the Regions.
  • Finally, Annex III of the Treaty of Nice contains besides the Statement on the meeting place of the European Councils, a Statement on the threshold of the qualified majority and the number of votes required for a blocking minority in the framework of enlargement
 
Mircea Halaciuga,Esq.
Justice; Foreign Affairs; National and Civil Defense
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