Treaty of Nice

The Nice Treaty was attacked by many people as a flawed compromise. Germany had demanded that its greater population be reflected in a higher vote weighting in the Council; this was opposed by France, who insisted that the symbolic parity between France and Germany be maintained. The Commission had proposed to replace the old weighted voting system with a double majority system which would require those voting in favour to represent a majority of both member states and population for a proposal to be approved.[1] This was also rejected by France for similar reasons. A compromise was reached, which provided for a double majority of Member States and votes cast, and in which a Member State could optionally request verification that the countries voting in favour represented a sufficient proportion of the EU's population.

The Treaty provided for an increase after enlargement of the number of seats in the European Parliament to 732, which exceeded the cap established by the Treaty of Amsterdam.

The question of a reduction in the size of the European Commission after enlargement was resolved to a degree — the Treaty providing that once the number of Member States reached 27, the number of Commissioners appointed in the subsequent Commission would be reduced by the Council to below 27, but without actually specifying the target of that reduction. As a transitional measure it specified that after 1 January 2005, Germany, France, the United Kingdom, Italy and Spain would each give up their second Commissioner.

The Treaty provided for the creation of subsidiary courts below the European Court of Justice and the Court of First Instance (now the General Court) to deal with special areas of law such as patents.

The Treaty of Nice provides for new rules on closer co-operation, the rules introduced in the Treaty of Amsterdam being viewed as unworkable, and hence these rules have not yet been used.

In response to the failed sanctions against Austria following a coalition including Jörg Haider's party having come to power, and fears about possible future threats to the stability of the new member states to be admitted in enlargement, the Treaty of Nice added a preventive mechanism to sanctions against a Member State that was created by the Amsterdam Treaty.[6]

The Treaty also contained provisions to deal with the financial consequences of the expiry of the European Coal and Steel Community (ECSC) treaty (Treaty of Paris (1951)).

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Under the current rules for the amendment of the Treaties, the Treaties can only be amended by a new Treaty, which must be ratified by each of the Member States to enter into force.

In all the EU member states the Treaty of Nice was ratified by parliamentary procedure, except in Ireland where, following the decision of the Irish supreme court in Crotty v. An Taoiseach, any amendments that result in a transfer of sovereignty to the European Union require a constitutional amendment. Ireland's Constitution can only be amended by a referendum.

Proponents of the Treaty claimed it was a utilitarian adjustment to cumbersome EU governing mechanisms and a required streamlining of the decision-making process, necessary to facilitate enlargement of the EU into Central and Eastern Europe. They claim that, consequently, the treaty was vitally important for the integration and future progress of these former Eastern Bloc countries. Many people who were in favour of greater scope and power of the EU project felt that it did not go far enough and that it would in any case be superseded by future treaties. Proponents differed in the extent to which enlargement may have proceeded without the Treaty: some claimed that the very future of the Union's growth—if not existence—was at stake, while others said that enlargement could have legally proceeded—albeit at a slower pace—without it.

Opponents of the Treaty claimed that it was a "technocratic" rather than "democratic" treaty, which would further diminish the sovereignty of national and regional parliaments, and would further concentrate power into a centralised and unaccountable bureaucracy. They also claimed that five applicant countries could have joined the EU without changing the EU's rules, and that others could have negotiated on an individual basis, something opponents to the treaty argued would have been to the applicants' advantage. They also claimed that the Treaty of Nice would create a two-tier EU, which might marginalise Ireland. Opponents pointed out that leading pro-treaty politicians had admitted that if referendums had been held in countries other than Ireland, it would probably have been defeated there as well.

The Commission and the European Parliament were disappointed that the Nice intergovernmental conference (IGC) did not adopt many of their proposals for reform of the institutional structure or introduction of new Community powers, such as the appointment of a European Public Prosecutor. The European Parliament threatened to pass a resolution against the Treaty; the Italian Parliament threatened it would not ratify it without the former's support. However, in the end this did not come to pass and the European Parliament approved the Treaty.

Many argue that the pillar structure, which was maintained by the Treaty, is overcomplicated; that the separate Treaties should be merged into one Treaty; that the three (now two) separate legal personalities of the Communities should be merged; and that the European Community and the European Union should be merged, with the European Union being endowed with legal personality. The German regions were also demanding a clearer separation of the powers of the Union from the Member States.

Nor did the Treaty of Nice deal with the question of the incorporation of the Charter of Fundamental Rights into the Treaty; that was also left for the 2004 IGC after the opposition of the United Kingdom.

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)

(Distr. of competences)

European Economic Community (EEC)

Schengen Rules

European Community (EC)

'TREVI'

Justice and Home Affairs (JHA, pillar II)

/ 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)

Dunkirk Treaty[lower-alpha 1] S: 4 March 1947 F: 8 September 1947 E: 8 September 1997

Brussels Treaty[lower-alpha 1] S: 17 March 1948 F: 25 August 1948 T: 30 June 2011

London and Washington treaties[lower-alpha 1] S: 5 May/4 April 1949 F: 3 August/24 August 1949

Paris treaties: ECSC and EDC[lower-alpha 2] S: 18 April 1951/27 May 1952 F: 23 July 1952/— E: 23 July 2002/—

Protocol Modifying and Completing the Brussels Treaty[lower-alpha 1] S: 23 October 1954 F: 6 May 1955

Rome treaties: EEC and EAEC S: 25 March 1957 F: 1 January 1958

WEU-CoE agreement[lower-alpha 1] S: 21 October 1959 F: 1 January 1960

Brussels (Merger) Treaty[lower-alpha 3] S: 8 April 1965 F: 1 July 1967

Davignon report S: 27 October 1970

European Council conclusions S: 2 December 1975

Single European Act (SEA) S: 17/28 February 1986 F: 1 July 1987

Schengen Treaty and Convention S: 14 June 1985/19 June 1990 F: 26 March 1995

Maastricht Treaty[lower-alpha 4][lower-alpha 5] S: 7 February 1992 F: 1 November 1993

Amsterdam Treaty S: 2 October 1997 F: 1 May 1999

Nice Treaty S: 26 February 2001 F: 1 February 2003

Lisbon Treaty[lower-alpha 6] S: 13 December 2007 F: 1 December 2009

• Eur-lex

• Summary of the Treaty
• Consolidated version of the Treaties
• Landmark EU treaty comes into effect - BBC News article dated February 1, 2003
• History of the European Union - Treaty of Nice
• Analysis of the voting weighs before and after, with 3D visualisation
• Book about the Treaty of Nice (also as PDF)
• Treaty of Nice European NAvigator