MIME-Version: 1.0 Content-Location: file:///C:/5C634F02/ARTICLE25b.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 25b ]

COMMON FOREIGN AND SECURITY POLICY:

AFTER THE COLLAPSE OF PILLAR STRCTURE,

EU PROVIDES PROVISION FOR

NOT ASSERTING FOREIGN POLICIES

IN OTHER AREAS OF ACTIVITY

 [ARTICLE 25b]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)

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Policy Area:

Treaty= on European Union, Title V, provisions on Common Foreign and Security Policy, = Chapter 2, Specific provisions on the common foreign and security policy, section 1= Common provisions, Article 25b

 

Amendment:

Clause  2,  page  1,  line  12,  leave out ‘any’ and insert—

 

‘(i) Article 1, paragr= aph 45, inserted Articles 25a TEU relating to personal data and 25b TEU relatin= g to a saving for the exercise of European Union competences; and

 

(ii) any other’.=

 

Amendment:

Clause 2, page 1<= /span>, line 12, leave out ‘any’ and insert—<= /o:p>

 

‘(i) Article 1, paragr= aph 25, headings relating to the Common Foreign and Security Policy; and=

 

(ii) any other’.=

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<= st1:City w:st=3D"on">Lisb= on Treaty Article:

“ARTICLE 25b

The implementation of the common foreign and security po= licy shall not affect the application of the procedures and the extent of the po= wers of the institutions laid down by the Treaties fo= r the exercise of the Union competences referred to in Articles 2B to 2E of the Treaty on the Functioning of the European Union.

Similarly, the implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid do= wn by the Treaties for the exercise of the Union competences under this Chapter.".”

 

Original Treaty Article:

“Article 47<= /span>

Subject to the provisions amending the Treaty establishi= ng the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, and to these final provisions, nothing in this Treaty shall affect the Treaties establis= hing the European Communities or the subsequent Treaties and Acts modifying or supplementing them.”

 

Explanation:

This provision holds, with a considerable lack of= honesty, that the implementation of the common foreign and security policy shall not affect the extent of the powers of the institutions laid down by the Treati= es for the exercise of all the Union competences. Since the High Representative’s precise duties are not determined, capped or control= led by this Treaty, their affect on the massively increased powers of the Europ= ean institutions remains unknown – but is likely to be substantial and wi= ll severely affect “the powers of the institutions laid down by the Trea= ties for the exercise of the Union competences under this Chapter”.  

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This i= s a new Article which distinguishes between foreign policy measures on the one hand and other Union competences= on the other. It is based on the cu= rrent Article 47 TEU, which will be repealed, originally designed to protect EC l= aw from encroachment by the other pillars. This new provision will supposedly prote= ct both other EU policies from being infringed by the foreign policy rules and also the foreign policy rule= s from being infringed by other EU policies.