Commentaire le préambule et le premier titre de TUE

Comment to the text: The preamble to the Lisbon Treaty and its articles 1 to 8 TEU.

The Lisbon Treaty, which entered into force on 1 December 2009, “marks the culmination of an essential process of revising the European Treaties […] to adapt the functioning of the Union in the face of the challenge of its enlargement”, he said F. X PRIOLLAUD.

This treaty amends two treaties, the Treaty on European Union (TEU) and the Treaty on the Functioning of the EU (TFEU). In general terms, being a "classic" treaty, these two treaties took over more than 90% of the old treaty, but also added 37 protocols, two annexes and 65 declarations. Moreover, some other authors consider that this treaty constitutes "an institutional reform" of the construction of the European Community, which is now called "the European Union"^[1]. The Lisbon Treaty is also referred to by other terms used as a simplified, reforming or amending treaty. All these terms refer to its innovation for the purpose of simplifying the functioning of the EU and enhancing the effectiveness of its action. The Lisbon Treaty includes clauses of general scope, concerning the objectives and values of the EU; provisions for institutional reform of the EU. It also provides for the innovation of citizens' rights through a European citizenship statute allowing new prerogatives to Europeans. This Treaty reinforces the principles of transparency, democracy and efficiency by means of a qualified majority decision-making procedure. It also contains a new political legal framework^[2].

In particular, this new treaty contains a number of provisions aimed at emphasized the "European meaning" of the text. The study of innovation in the Lisbon Treaty is reflected in its first part of the TEU, in particular in its preamble and its first title entitled "Common Provisions" - our subject of study. While the preamble of the TEU reaffirms classic elements in the European integration undertaken by the European Community, therefore around its essential principles and objectives of the EU. The preamble to the Treaty includes a reference to "the cultural, religious and humanist inheritance of Europe". On the other hand, no reference to Christianity is made. It seems difficult to find a historical reference. Moreover, this reference to European heritage is therefore in line with the affirmation of a European identity based mainly on the "universal values of inviolable and inalienable rights of the human person, democracy, equality and the rule of law". These essential values are reaffirmed in Title I on common provisions which includes 8 founding articles on the primacy of the Treaty (Art 1), on "essential" values (Art 2), on EU objectives and its functioning (see considering the EU as an AFSJ by promoting a common internal market, a single euro area - Art 3), on the competence of the EU and its Member States and its powers (Art 4 and Art 5), on the added legal value of the Charter of Fundamental Rights, the European Convention on Human Rights (Art 6), on its procedural reform for decision-making (Art 7) and its new external policy (Art 8).

So, is the reform of the Lisbon Treaty relevant and real to its ambition to be a narrower and more democratic union? This question leads to reflection on innovation in the Lisbon Treaty, taking into account the essential objectives and values (I) and the uncertainty about the effectiveness of the substantive and procedural reform of the Treaty (II).

1. The Lisbon Treaty - embodying essential values

The Treaty of Lisbon, through its two treaties of equal legal value, now constitutes the legal basis of the EU's primary law, which governs its objectives and functioning in order to ensure "an ever closer union among the peoples of Europe"^[3]. This treaty aims to strengthen founding European values in its own "sui generis" genre (A) and to take into account its values in its instruments of the same legal values (B).

1. A review of the essential objectives and values of "sui generis".

While the old Treaty refers to "objectives"^[4], the Lisbon Treaty uses the term "values" provided for in Article 2 TEU. In terms of interpretation, if the objectives are aimed at a general and "soft-law" goal, the term "values" seems to have a more constrained, heavier legal scope. These Lisbon values are "essential" and are at the heart of the construction and functioning of the EU, being a "cornerstone". In the preamble, it is a simple reformulation of the Constitutional Treaty. It provides for respect for freedom, democracy, respect for human rights and the rule of law. Article 2 TEU provides for the values on which the EU is founded, such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for minorities. Qualified as "common", these values must be known to the EU Member States, based on the principles of non-discrimination, tolerance, solidarity or equality between women and men. With regard to respect for minorities, the difficulty is raised in the French constitutional order because of its principle of the indivisibility of the Republic and the uniqueness of the French people. However, this is not the case because this right is not a collective right, it is interpreted as an individual right of persons belonging to minorities.

Moreover, included in the provisions of Title I, it is clear that these values must be respected in all internal and external actions of the EU. Respect for these values is required in the EU's relationship with the "wider world" provided for in Article 3 §5 TEU. Also, it is a question of the EU's relationship with  neighbouring countries for "a special relationship […]  by close ant closer and peaceful relations", according to Article 8 of the TEU. This article also specifies the innovation of the Lisbon Treaty because it is the first time in the history of European integration that such a relationship with its neighbouring partners has been developed. In addition, the principle of gender equality provided for in Article 2 TEU is also referred to in Article 8 TFEU^[5] - providing for a "transversal clause" applicable to all Union policies and actions. For example, respect for these values and a commitment to promote them are one of the conditions for EU membership. Their violation may lead to the triggering of a sanction mechanism that may go as far as suspending the vote of the State in violation of the Council of Ministers.

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