2.7 Nice Treaty

The new aspects of the Treaty of Nice were:

A new Protocol on Enlargement was adopted.
Institutional changes, mainly in preparation for enlargement, were agreed:

The Commission President was given more power to manage the Commission, and to force the resignation of an individual Commissioner. From 2005, the Commission to consist of one member per member state until membership of the EU reaches 27. After that, the membership is to be fixed at a number, and according to a system of national rotation, to be determined by unanimous vote at the Council of Ministers.
A re-weighting of votes in the Council of Ministers to strengthen the position of the larger member states.
The larger member states would give up their right to a 2^nd Commissioner.
European Parliament (EP) numbers decided for existing and prospective members. Maximum number of Members of the EP fixed at 732.
Membership numbers for other EU institutions also agreed.
Some European Council meetings (which then took place in the country holding the Presidency) to be held in Brussels. From the accession of the 18^th member state, all European Councils are to be held in Brussels.
Minor changes are to be made to the ECJ and the ECB.

New judicial cooperation body, Eurojust, established.
Clear procedure for amending the fundamental aims of the EU, in consultation with the ECB & by unanimous vote at Council.
The scope of the "flexibility" clause of the Treaty of Amsterdam extended.
Establishment of an advisory Social Protection Committee.
Procedure defined for setting up "political parties at European level".
There were new provisions to facilitate the implementation of the European Security and Defence Policy (ESDP).
QMV in the Council of Ministers extended to over 30 more Articles of the TEC (Treaty of the European Community, part of the Maastricht Treaty) including notably the appointment of the president of the commission. The EP's powers of co-decision are extended to 10 more Articles. The extensions to QMV included:

Certain high-level appointments, including, including the President of the Commission & the High Representative for the CFSP.
Certain aspects of the making of international agreements.
Actions taken in support of anti-discrimination measures adopted by the member states.
Certain actions taken to enable citizens to take advantage of freedom of movement.
Most measures related to visas, asylum & immigration.
Granting of emergency financial assistance to member states.
Most industrial policy measures.
From 2007 measures relating to the Structural Funds, given agreement on the relevant budget.
Financial & technical cooperation agreements with 3^rd countries (does not apply to association agreements or pre-accession measures).

"Formalisation" of "Enhanced Cooperation" agreed, in which groups of at least 8 member states may make agreements among themselves that enable them to go further in particular policy areas than the other member states were prepared to go, provided such agreements:

Furthered the objectives of the EU & reinforce integration.
Respected the Treaties & the single institutional framework of the EU.
Respected the EU law.
Respected existing competences.
Did not undermine the internal market or economic or social cohesion.
Respected the competences, rights & obligations of non-participating member states.
Were in principle open to all member states.
Were used only as a last resort.

Main sources: Steven McGiffen, The European Union: a critical guide, Pluto Press, 2001; and Dick Leonard, Guide to the European Union (8^th edition), Economist, 2002.

RL, February 2007