Ireland voted YES: But what's next?

Finally, a YES for the Lisbon Treaty in Ireland. At least the second attempt was successful.  So , what’s next? Now it is up to the Polish and Czech presidents to sign the treaty as well.  Lech Kaczinski, the Polish president, promised to sign the text after the Irish voted ”yes’. So this leaves an isolated Vaclav Klaus and a seriously confused David Cameron…

I am pretty sure that the  pressure on Klaus will be enormous. There are already rumors that Angela Merkel is preparing a “diplomatic sweetener” for him, whatever that means… Taking into account that the Czech Parliament ratified the treaty and the Czech president does not have any powers to veto the treaty,  it is his constitutional obligation to sign it eventually (apparently the problem is that the Czech constitution does not specify how long the President is allowed to postpone his  signature). Obviously he will use the argument that he needs to wait until the constitutional court has issued the ruling on a complaint of some senators. But in the end I am pretty sure that he will sign and that he will not have the guts to wait until the Conservatives form a government in the UK (which might happen next summer)…

However, the wider context is noteworthy: After a almost a decade of debate (Laeken 2001, Convention, Constitutional treaty, …) it seems that we end up with this mini reform treaty. I think most of the other major EU treaties contained more far-reaching reforms than this one. Basically only a couple of things are really innovative:  new double majority voting in more policy areas, a strengthened role for the European Parliament, some clarifications regarding competences, and some improvements in the field of EU foreign policy.

One thing is quite clear, there won’t be another big EU treaty for the foreseeable future  given the difficulty to get such a text ratified by 27 member states. A positive side effect might be that we can finally concentrate on policy issues and leave this institutional debate behind us – at least for a couple of years.  However, the Lisbon Treaty is far from being perfect and it is quite possible that it will create a number of institutional problems. The future will bring new challenges and new reforms might be necessary. And let’s face it: every reform needs to be reformed. So how is it possible to address these challenges and ensure further EU reform, even with 30+ member states (and with people like David Cameron)?

One possibility is to move towards thematic treaties. For example a “issue treaty” on climate change, or one on foreign policy or on police cooperation. These treaties would address one specific issue only – which seems much easier to communicate. These treaties would contain a list of competences for EU institutions as well as national institutions. Moreover, such an issue treaty would address the decision making in this specific policy area and  maybe even include  specific policy aims (reducing emission by 30%, creating a new agency or a new position, banning a certain chemical substance,  introducing a certain measure…whatever). One thing must be included however: if a country rejects one of those treaties, everyone must be clear about the consequences. Basically, a rejection would result in an opt out (similar to Schengen, Euro) but with the possibility to join later.  Of course the result would be an even more complex EU. But maybe this is the price to pay for a bigger and more diverse EU…