Some Observations on the Treaty of Nice
| Date | 01 June 2001 |
| DOI | 10.1177/1023263X0100800202 |
| Published date | 01 June 2001 |
| Author | René Barents |
| Subject Matter | Article |
René Barents*
8 MJ 2 (2001) 121
Some Observations on the Treaty of Nice
§ 1. From Amsterdam to Nice
In the early morning of December 11, 2000, the heads of state or government of the
Member States of the European Union reached agreement on the text of a treaty by
which the TEU and the EC Treaty will be amended. These amendments will enter into
effect after the ratification procedures have been completed, probably sometime in the
summer of 2002. The present paper is intended to give a short summary of the principal
discussed below are the reform of the three policy-making institutions (European
Parliament, Council and Commission), the modifications to the judicial system of the
Union (Court of Justice and Court of First Instance), amendments to the provisions of
the second and third pillars of the Union (foreign policy and justice), and to the
provisions concerning flexibility (closer co-operation) and human rights. For reasons of
space, no attention will be paid to the Charter of Fundamental Rights, which is not a
part of the Treaty of Nice but constitutes a separate act of the Member States.2
§ 2. Some Background
A. THE PRESENT INSTITUTIONAL STRUCTURE
The main purpose of the Treaty of Nice is to improve the institutional structure of the
Union, a point which is usually indicated by the ambiguous term ‘reform’. Apart from
the European Council (conference of heads of state or government) and the European
* Court of Justice EC, Maastricht University (NL). The views expressed reflect only the personal opinion
of the author.
Communities and certain related acts, signed at Nice, 26 February 2001 O.J. C80/12.
2 For further information on the Charter of Fundamental Rights see the special issue of this journal (8
MJ 1).
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