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Encyclopedia > Treaty of Nice
Treaty of Nice
Treaty of Nice

The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: ImageMetadata File history File links Download high resolution version (850x567, 466 KB) Nice Treaty source File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... ImageMetadata File history File links Download high resolution version (850x567, 466 KB) Nice Treaty source File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... It has been suggested that Protocol (treaty) be merged into this article or section. ... City flag City coat of arms Motto: [1] (Latin: Nice the city) Coordinates : , Time Zone : CET (GMT +1) Administration Département Alpes-Maritimes (06) Région Provence-Alpes-Côte dAzur Mayor Jacques Peyrat (UMP) (since 1995) Intercommunality Community of Agglomeration Nice Côte dAzur City (commune) Characteristics... The European Council, informally called the European summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission. ...

Genesis The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The European Atomic Energy Community, or EURATOM, is an international organization composed of the members of the European Union. ...

Contents

December 11 is the 345th day (346th in leap years) of the year in the Gregorian calendar. ... This article is about the year 2000. ... February 26 is the 57th day of the year in the Gregorian Calendar. ... 2001: A Space Odyssey. ... February 1 is the 32nd day of the year in the Gregorian Calendar. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...


Provisions of the Treaty

The primary purpose of the Treaty of Nice was to reform the institutional structure to withstand the Enlargement of the European Union, a task which was supposed to have been carried out at the Amsterdam Inter-Governmental Conference (IGC), but the Treaty of Amsterdam failed to address most of the issues. The European Union (EU) was originally created by the six founding states in 1952, but has grown to its current size of 25 member states. ... An Intergovernmental Conference (IGC) is the formal procedure for negotiating amendments to the founding treaties of the European Union. ... The Amsterdam Treaty (in full: Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts) which was signed on October 2, 1997, and entered into force on May 1, 1999, made substantial changes to the Treaty on European Union which...

Relative voting weights in the Council of the European Union as decided in the Treaty of Nice, this change came into effect on November 1st 2004:
Country Votes Pop.
(x106)
Rel.[1]
weight

Germany 29 82.0 1.00
United Kingdom 29 59.4 1.38
France 29 59.1 1.39
Italy 29 57.7 1.42
Spain 27 39.4 1.94
Poland 27 38.6 1.98
Netherlands 13 15.8 2.33
Greece 12 10.6 3.20
Czech Republic 12 10.3 3.29
Belgium 12 10.2 3.33
Hungary 12 10.0 3.39
Portugal 12 9.9 3.42
Sweden 10 8.9 3.18
Austria 10 8.1 3.49
Slovakia 7 5.4 3.67
Denmark 7 5.3 3.73
Finland 7 5.2 3.81
Lithuania 7 3.7 5.35
Ireland 7 3.7 5.35
Latvia 4 2.4 4.71
Slovenia 4 2.0 5.67
Estonia 4 1.4 8.08
Cyprus 4 0.8 14.14
Luxembourg 4 0.4 28.28
Malta 3 0.4 21.26

Total 321 450.7

The Treaty adopted by the Nice European Council was attacked by many. 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. One proposal made by many, which would have greatly simplified the current system, was to introduce a double majority of both member states and population, to replace the current Qualified Majority Voting (QMV) system. 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 Union's population. The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... Qualified Majority Voting (QMV) is a voting procedure employed in the Council of the European Union for some decisions. ...


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 European Parliament building in Strasbourg The inside of the building The European Parliament (formerly European Parliamentary Assembly) is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...


The question of a reduction in the size of the European Commission after enlargement was resolved by a fudge — the Treaty providing that once the number of Member States reached 25, the number of Commissioners would be reduced by the Council to below 25, but without actually specifying the target of that reduction. The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ...


The Treaty provided for the creation of subsidiary courts below the European Court of Justice and the Court of First Instance to deal with special areas of law such as patents. The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... The Court of First Instance, created in 1989, is a court of the European Union. ...


The Nice Treaty 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 for the first time adopted formal rules for the application of sanctions against a Member State. Jörg Haider in Carinthia (promotional photo) Jörg Haider (born 26 January 1950) is an Austrian politician. ...


The Treaty also contained provisions to deal with the financial consequences of the expiry of the ECSC treaty (Treaty of Paris (1951)). The European Coal and Steel Community (ECSC) was founded in 1951 (Treaty of Paris), by France, West Germany, Italy, Belgium, Luxembourg and the Netherlands to pool the steel and coal resources of its member-states, thus preventing another European war. ... The Treaty of Paris, signed on April 18, 1951 between Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands established the European Coal and Steel Community (ECSC), which subsequently became part of the European Union. ...


It was widely accepted that the Treaty of Nice has failed to deal with the basic question of wide-ranging institutional reform, the European Union institutions being widely viewed as overly complicated, and hence the establishment of the European Convention, leading to a new IGC in 2004, was agreed at Nice. The European Convention, sometimes known as the Convention on the Future of Europe, was a body established by the European Council in December 2001 as a result of the Laeken Declaration. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


The Commission and the European Parliament were disappointed that the Nice 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; although it has no formal power of veto, the Italian Parliament threatened that it would not ratify without the European Parliament's support. However, in the end this did not come to pass and the European Parliament approved the Treaty. The European Parliament building in Strasbourg The inside of the building The European Parliament (formerly European Parliamentary Assembly) is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ...


Many argue that the pillar structure, which was maintained by the Treaty, is overly complicated, that the separate Treaties should be merged into one Treaty, and 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. The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ... A legal entity is a legal construct through which the law allows a group of natural persons to act as if it were an individual for certain purposes. ...


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. The Charter of Fundamental Rights of the European Union is a document containing human rights provisions, solemnly proclaimed by the European Parliament, the Council of the European Union, and the European Commission in December 2000. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


  1. ^ The relative weight is a measure of how many Council votes a country has related to its population. In this instance, German weight is taken to be 1.00 and all others refer to it.

Ratification process

Signing the Nice Treaty
Signing the Nice Treaty

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. Image File history File links Download high resolution version (850x569, 405 KB)Signing the Nice Treaty source File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links Download high resolution version (850x569, 405 KB)Signing the Nice Treaty source File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...


In all the EU member states the Treaty of Nice was ratified by parliamentary procedure, except in Ireland, where the Irish Supreme Court in an earlier judgment on the Single European Act had ruled that fundamental changes to European Treaties, which alter the Irish Constitution's recognition of sovereignty as being ultimately derived from the People, require an amendment to the Irish constitution. Ireland's constitution can only be amended by a referendum of the people. The Single European Act (SEA) was the first major revision of the Treaty of Rome. ... The Constitution of Ireland is the founding legal document of the state known today as the Republic of Ireland. ...


To the surprise of Europe's political classes, the voters in Ireland rejected the Nice Treaty in May 2001. The turnout itself was low (34%), partly a result of the failure of the major Irish political parties to mount a strong campaign on the issue, presuming that the Irish electorate would pass the Treaty. (All previous such Treaties had been passed by big majorities.) However many Irish voters were critical of the Treaty contents, believing that it marginalised smaller states. Others questioned the impact of the Treaty on Irish neutrality. Other sections viewed the leadership of the Union as out of touch and arrogant, with the Treaty offering a perceived chance to 'shock' the European leadership into a greater willingness to listen to its critics. (A similar argument was made when Denmark initially voted down the Treaty of Maastricht.) In large measure, the Nice Treaty was lost because pro-treaty supporters simply never bothered to vote, while the 'Vote No' campaigns were effective in raising serious questions as to the value of the Treaty. 2001 : January - February - March - April - May - June - July - August - September - October - November - December Events: May 1 - Chandra Levy disapears while jogging. ... Irish neutrality has been a policy of the Irish Free State and its successor the Republic of Ireland since independence from the United Kingdom in 1922. ... The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ...


The Irish government, having obtained the Seville Declaration on Ireland's policy of military neutrality from the European Council, decided to have another referendum on the Treaty of Nice on Saturday, October 19, 2002. Two significant qualifications were included in the second proposed amendment, one requiring the consent of the Dáil for "enhanced cooperation" under the treaty, and another preventing Ireland from joining any EU common defense policy. A 'Yes' vote was urged by a massive campaign by the main parties and – for the first time in European referenda in Ireland – by civil society and the social partners, including campaigning through canvassing and all forms of media by respected pro-European figures like then EP president Pat Cox, former Czech president Václav Havel, former President of Ireland Patrick Hillery and former Taoiseach (prime minister) Dr. Garret Fitzgerald. Prominent civil society campaigns on the Yes side included Fianna Fáil, Fine Gael, the Labour Party, the Progressive Democrats, the Irish Alliance for Europe led by Professor Brigid Laffan and Adrian Langan, and Ireland for Europe led by Ciarán Toland. The main dynamism came from the campaigns of Fianna Fáil and the Irish Alliance for Europe - with others running largely token campaigns. On the No Side, the principal campaigns were those of the Green Party, Sinn Féin, Anthony Coughlan's National Platform, Justin Barrett's No to Nice campaign, and Roger Cole's Peace and Neutrality Alliance. Barrett and Coughlan were the main drigving forces behind the No campaign, which suffered significantly when Barrett's connections to the German far-right NPD were exposed. The result was a 60% "Yes" vote on near double the turn-out of the previous referendum. Every constitutency in Ireland voted Yes by a significant margin. The Twenty-sixth Amendment of Bunreacht na hÉireann, the constitution of the Republic of Ireland, permitted the state to ratify the Nice Treaty. ... October 19 is the 292nd day of the year (293rd in leap years) in the Gregorian Calendar. ... For album titles with the same name, see 2002 (album). ... Dáil Éireann[1] is the lower house of the Oireachtas (parliament) of the Republic of Ireland. ... Pro-European is a subjective term applied to a person who supports the European Union (EU) and/or further European integration, specifically in the context of political argument over the current and future status of the EU and its policies. ... The European Parliament building in Strasbourg The inside of the building The European Parliament (formerly European Parliamentary Assembly) is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ... Pat Cox during a discussion at the 2004 Karlspreis ceremonies Pat Cox (born 28 November 1952) is an Irish politician and former television current affairs presenter. ... Václav Havel (official portrait) Václav Havel, GCB, CC (IPA: ) (VA-slav HA-vel) (born October 5, 1936) is a Czech writer and dramatist. ... The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. ... Dr. Patrick John Hillery (born May 2, 1923) is an Irish Fianna Fáil politician and the sixth President of Ireland from 1976 until 1990. ... The Taoiseach[1] (plural: Taoisigh) or, more formally, An Taoiseach, is the head of government of the Republic of Ireland and the leader of the Irish cabinet. ... Dr. Garret FitzGerald (Irish name: Gearóid MacGearailt) (born February 9, 1926) was the seventh Taoiseach of the Republic of Ireland, serving two terms in office; July 1981 to February 1982, and December 1982 to March 1987. ... Fianna Fáil - The Republican Party (IPA ; English translation: Soldiers of Ireland, but traditionally translated as Soldiers of Destiny) is the largest political party in Ireland. ... Fine Gael (IPA , though often mispronounced (approximate English translation: Family of the Irish) is the second largest political party in Ireland. ... The Labour Party (Irish: Páirtí an Lucht Oibre) is a social democratic political party in the Republic of Ireland. ... The Progressive Democrats (in Irish An Páirtí Daonlathach, literal back-translation: The Democratic Party) is a free market liberal party in the Republic of Ireland founded in 1985. ... The Irish Alliance for Europe was founded in summer 2002 by Professor Brigid Laffan of University College Dublin in order to lead the civil society campaign in favour of the Treaty of Nice at the second Irish referendum. ... A civil society organisation set up after the defeat of the first Irish referendum to campaign in favour of the Treaty of Nice. ... Ciarán Toland Ciarán Toland (or, Ciaran Toland) (born Lisburn, 18 May 1978) is an Irish barrister and former publisher active in civil society campaigns in favour of European integration. ... This article is about the green parties around the world. ... Sinn Féin (pronounced in English, in Irish) is a name used by a series of Irish political movements of the 20th century, each of which claimed sole descent from the original party established by Arthur Griffith in 1905. ... Justin Barrett (born 1971 in County Tipperary) is an Irish conservative nationalist, anti-abortion and anti-immigration activist. ... NPD can refer to: The National Democratic Party of Germany (NPD), a far-right party in Germany; after its German language name, Nationaldemokratische Partei Deutschlands The New Democratic Party of Canada, through its French language acronym NPD, standing for Nouveau Parti Démocratique. ...


By then all other EU member states had ratified the Treaty. Ratification by all parties was required by the end of the year, or else the Treaty would have expired.


Views of the Treaty

Proponents of the Treaty claim it is a utilitarian adjustment to cumbersome EU governing mechanisms and a required streamlining of decision-making processes, necessary to facilitate enlargement of the EU into Central Europe. They claim that consequently is vitally important for the integration and future progress of these former communist countries. Many who are in favour of greater scope and power of the EU project, feel that it does not go far enough in fact, and that it may in any case be superseded by future treaties and agreements (such as a possible EU constitution and federal state). Proponents differ in the extent to which enlargement may proceed without it, some claiming the very future of the Union's growth – if not existence – to be at stake, while others saying that enlargement can legally proceed – albeit at a slower pace – without it. Regions of Europe Central Europe is the region lying between the variously and vaguely defined areas of Eastern and Western Europe. ... This article is about communism as a form of society and as a political movement. ...


Opponents of the Treaty claim that it is a "technocratic" rather than "democratic" treaty, which further diminishes the sovereignty of national/local parliaments, and further concentrating power into centralised and unaccountable bureaucracy - "deepening but not widening" political power. They also claim that 5 applicants may join at once under the current system, and that all others may negotiate on an individual basis - which they believe will be advantageous to the applicants. It is also claimed that the Nice Treaty will create a two-class and two-tier EU, specifically to enable an "inner-club" of powerful states (e.g. France and Germany) to effectively co-opt EU institutions for their own purposes. Opponents point out that leading pro-treaty politicians have admitted, that were referenda to be held in countries other than Ireland, it would probably be defeated there as well.


Timeline

Timeline of the Treaties and EU Constitution

European Union - treaties, structure, history
1952 1958 1967 1993 1999 2003 ?
EC - European Community... E U R O P E A N   U N I O N   ( E U )
European Coal and Steel Community (ECSC)
European Economic
Community
(EEC)
European Community (EC)
...European Communities: ECSC, EEC (EC, 1993), Euratom Justice &
Home Affairs
 
Police & Judicial Co-operation
in Criminal matters (PJCC)
Common Foreign and Security Policy (CFSP)
Euratom (European Atomic Energy Community)
Treaty of
Paris
Treaties of
Rome
Merger
Treaty
Treaty of
Maastricht
Treaty of
Amsterdam
Treaty of
Nice
European
Constitution
"THREE PILLARS" - European Communities (EC, Euratom), Common Foreign and Security Policy (CFSP), Police and Judicial Co-operation in Criminal matters (PJCC)

The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... The European Union (EU) is an intergovernmental and supranational union of 25 member states. ... This is the history of the European Union. ... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar (the link is to a full 1967 calendar). ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The European Union (EU) is an intergovernmental and supranational union of 25 member states. ... Members of the European Coal and Steel Community The European Coal and Steel Community (ECSC) was founded in 1951 (Treaty of Paris), by France, West Germany, Italy, Belgium, Luxembourg and the Netherlands to pool the steel and coal resources of its member-states. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ... Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ... The Common Foreign and Security Policy or CFSP, german Gemeinsame Außen- und Sicherheitspolitik (GASP), was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ... The European Atomic Energy Community, or EURATOM, is an international organisation composed of the members of the European Union. ... The Treaty of Paris, signed on April 18, 1951 between Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands established the European Coal and Steel Community (ECSC), which subsequently became part of the European Union. ... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... The Merger Treaty, signed in Brussels on 8 April 1965 and in force since 1 July 1967, first gathered together the organizational structures of the then three European Communities (European Coal and Steel Community, European Economic Community and Euratom). ... The Maastricht Treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993, under the Delors Commission. ... Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts The Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, commonly known as the Amsterdam Treaty, was signed on... The constitutional treaty as signed in Rome on 29 October 2004 by representatives of the EU member states The Treaty establishing a Constitution for Europe (TCE), commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. ... The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ...

External links

Preceded by:
Amsterdam Treaty (1997)
EU treaties Succeeded by:
European Constitution (proposed)

  Results from FactBites:
 
BMDF - Treaty of Nice reviews (897 words)
This treaty is to say the least somewhat messy, so it is of huge assistance to have its provisions clearly integrated into the current Treaties.
Its main contents involve a tabular run through the Treaties, with the left-hand column summarising the original Treaty of Rome provisions on a subject, and other columns picking up changes from the Single European Act, Maastricht, Amsterdam and Nice respectively.
the Treaty on European Union and the Treaty establishing the European Community, with the Nice amendments in bold.
Eurotreaties - Treaty of Nice (964 words)
Contains the text of the consolidated 'Treaty on European Union' and the consolidated 'Treaty establishing the European Community', together with all of the existing Protocols, once the ratification of Nice is complete, the text of the Treaty of Nice and its attached declarations.
Under the terms of a declaration attached to the Treaty of Nice, there will be a new European treaty in 2004; if Nice had not been ratified, it was likely that individual sections in that treaty would form the basis of the new treaty.
The European treaties, taken together, form the primary legislation and are in effect the "constitution" of the Community; they provide the legal basis for all secondary legislation - regulations, directives and decisions - made by the institutions of the Community.
  More results at FactBites »


 

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