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Where is the Reform Treaty going?

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The paper examines the implications of the Reform Treaty in the context of European unity, focusing on the Irish rejection of the Lisbon Treaty. It discusses the concerns of member states regarding sovereignty and the increased external actions of the EU, highlighting the balance between national identity and Union objectives as stated in the treaty. The analysis suggests that misunderstandings and fears among citizens contribute to resistance against EU reforms, while emphasizing the need for a deeper understanding of the treaty's provisions and their impact on individual states.

Where is going Reform Treaty? By Ioan Horga and Cristina Dogot „The Irish « no », if confirmed by the official results, is a serious disappointment which calls for an enhanced European commitment. The reaction should be neither to blame the Irish voters nor to stop the ratification process. On the contrary, this process – in which all EU governments have all engaged themselves – should be accelerated and completed before deciding what comes next.” (Declaration of Mr. Tommaso Padoa-Schioppa on the results of the Irish referendum on the Lisbon Treaty. Notre Europe's viewpoint, 13 June 2008) Political finality of European unity was and is again a highly interesting subject both for European officials and member states of European Union, but, evidently, from a different perspective. The situations that triggered debates on the political forthcoming was multiple along the time, the last being induced by the Irish rejection of Lisbon Treaty, the single “no” addressed to the newest European document until this moment. The particular reasons of the negative suffrage are interesting to know: the fear of Irish citizens that Ireland will lose its military neutrality; the fear on raising the taxes and the fear on validation of abortion. The malicious may affirm that the Irish “no” is comprehensible because the Ireland rejected, in 2001, the Nice Treaty, but is important to remember the opposition of the founding states, along the history of the European integration process, to a lot of projects compassing federal principles. As almost all the other EU fundamental documents, the Reform Treaty is important by a double perspective: that of the new position conferred to the member states in the European united space, and that of the new dimension of external actions of the united Europe. So, as regards the status of member states, Lisbon Treaty doesn’t diminish significantly states’ sovereignty, a very important element in European integration process, necessary in order to establish the limits both of EU external actions and member states. We can easily agree that member states can stay appeased, because the Reform Treaty, according with the art. 3a (2), clearly asserts that “The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.” Much more, the next article (3b) obviously expresses the limits of UE competences that are assigned even by member states. The member states have already some reasons to be scared or jealous for theirs prerogatives, because the same article (3a(3)) stipulates the first endeavor for the EU member states, who: “shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives”, although the states „...which wish to establish enhanced cooperation between themselves within the framework of the Union's non-exclusive competences may make use of its institutions and exercise those competences by applying the relevant provisions of the Treaties, subject to the limits and in accordance with the detailed arrangements laid down in this Article and in Articles 280 A to 280 I of the Treaty on the Functioning of the European Union” (art. 10(1)). The limit is given in the same article of the treaty: „Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process.” A short and superficial lecture of the Lisbon Treaty is not already sufficient to interpret in the proper manner this new normative European document. It is possible that the Irish citizens were not well prepared to understand the new Treaty as such as in 2005 French citizens were not ready to assume the text of the ancient European Constitution. But we must remember that Ireland, one year after rejection of the Treaty of Nice, adopted it. European unity is now at a loss, but a new chance exists again…