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    BASIC POSITION

    Leaders from the EU's 27 member states agreed the form of a EU Reform Treaty on 19th October 2007 and the final version was signed in Lisbon in December 2007 (see BBC News re signing of Treaty of Lisbon, 13th December 2007). The British prime minister missed the official session but signed the document in Lisbon a few hours after other EU leaders. The deal brought to an end four years of negotiations following the abandonment of the EU constitution rejected by referendum in France and Holland in 2005.

    Gordon Brown had already said in October 2007 that he was satisfied that the UK has secured its "red lines" - opt-outs on key policy areas such as security and foreign affairs - in the detail of the treaty text (see 10 Downing Street announcement re signing of EU Reform Treaty, 19th October 2007).

    While it has no immediate direct effect on British employment law, amongst other things, the Treaty of Lisbon gives legal force to the EU Charter of Fundamental Rights "provisionally" adopted in 2000.

    A European Union (Amendment) Bill was introduced in Parliament on 17th December 2007 (see Hansard col 636 on 17.12.07). This Bill paves the way for final UK approval to the Treaty of Lisbon. The Labour-dominated House of Commons European Scrutiny Committee 35th report, published 9th October 2007 had indicated that what is now the Treaty of Lisbon is substantially the same as the draft 2004 EU Constitutional Treaty, rejected by voters in referendums in France and Holland in 2005. Opposition MPs and some Labour backbenchers claimed that because the new Treaty is so nearly identical to the failed 2004/05 EU Constitution which it replaces and on which the government had agreed to a referendum (see the 2005 European Union Bill), that the new Treaty should be put to a popular vote. However an amendment calling for a referendum was struck down in accordance with the wishes of the government.

    After a 6 hour House of Commons debate a proposal, moved by William Hague, for the European Union (Amendment) Bill to be conditional upon the result of a referendum was rejected by 311 votes to 248 (see Hansard HC col 1751 on 5th March 2008, referendum rejected).

    A web-page re progress of the European Union (Amendment) Bill is available on the UK Parliament website.

    See also notes at European Law/Treaties and/or European law/new EU members


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    updated October 2009