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Der Entwurf des Reformvertrags, den die EU-27 während des Lissabon-Rats am 18. und 19. Oktober 2007 angenommen haben, sei ‚bescheiden’, mache es aber möglich, den institutionellen Stillstand zu überwinden. Dies schreibt Jean-Dominique Giuliani in einem Papier von Oktober 2007 der Robert Schuman Stiftung.
Following the rejection of the European Constitution, EU leaders decided under the German Presidency to prepare a Reform Treaty before the end of the year. This treaty has to be ratified by member states by 2009, recalls the author.
Following a "labourious political compromise", an Intergovernmental Conference (ICG) was given the mandate to provide a legal framework for a treaty to reform the existing Treaties. This mandate also included guarantees for eurosceptic governments, in the shape of restrictive interpretations, and even via precise details designed to prevent any 'incursion' of Union competences into the domain of state prerogatives, the author says.
The Reform Treaty therefore introduces a number of institutional innovations taken from the rejected Constitution, plus some significant modifications, believes Giuliani. For example, the Charter of Fundamental Rights is not part of the Treaties but an article provides it with an obligatory legal value by defining its range of application.
The main reforms are the following:
The new treaty is only a modification of the existing Treaties. It does not break away from the previous Treaties but rather "heralds their competition", concludes Giuliani.