1. The Meaning of the Treaty of Lisbon
How it Differs from the Constitutional Treaty (and Why it Matters)
Ian Cooper

2. The Treaty of Lisbon The problem of comparison
The genesis of the Treaty of Lisbon
Keeps substantive reforms of Constitutional Treaty, but abandons “constitutional concept”
Vast similarities, small differences
Two broad themes emerge:
De-Constitutionalized Treaty
Stricter Competence Regime

3. A “De-Constitutionalized” Treaty
Changes
Constitutional Treaty
Treaty of Lisbon
Symbolic
Reference to Symbols of EU (Flag, Anthem, Motto, Holiday)
Omission of Reference to Symbols
Rhetorical
“Citizens and States of Europe…”
“High Contracting Parties…”
Termino-logical
“Treaty Establishing a Constitution”
“Laws”, “Framework Laws”
“Union Minister for Foreign Affairs”
“Treaty”
“Regulations”, “Directives”
“High Representative of the Union for Foreign Affairs and Security Policy”
Of Form
Repeal/Replace Previous Treaties
One Treaty
Charter of Fundamental Rights, Primacy incorporated into text
Amend Previous Treaties
Two Treaties
Cross-Referenced to external sources

4. A Stricter Competence Regime
Treaty of Lisbon strengthens:
Recognition of national constitutional identity
Principle of conferral (limited powers)
Limits on EU in areas of shared competence
Limits on use of flexibility clause
Subsidiarity control mechanism
Limits on expansion through treaty amendment
Limits on expansion through fundamental rights doctrine

5. Conclusions
Numerous small changes between the two documents add up to difference in kind
Changes concern fundamental relationship between EU and Member States; all point in one direction
Rejection of constitutional federalism in favour of constitutional pluralism
Retreat signals a change in the trajectory of European integration