Luxembourg compromise
The Luxembourg Compromise (also known as Luxembourg Agreement ) put on 29 January 1966 at divergences in the agricultural policy of the EEC.
- 4.1 Treaty of Amsterdam
- 4.2 Treaty of Lisbon
Prehistory
This followed on 1 July 1965, the demolition of the EEC negotiations on the agricultural funds by France; the country sent more then a representative to meetings of the Council of the European Community, which thus became a quorum ( empty chair ).
Content or subject matter of the agreement
The Luxembourg Compromise is the minimum solution in a heavy Europe crisis.
Core statement
The so-called Luxembourg compromise stipulated in decisions in the Council, that even if one adopted with a qualified majority is possible to seek a consensus. A " vital interests " claims -making Member State should not be overruled " without further notice". Rather, the discussion will continue, "until a unanimous agreement is reached " is. The Council must, therefore, in cases where he could basically decide by a qualified majority, with impairment continue to negotiate " very important interests " of a Member State.
Unresolved issues
The determination of " vital national interest" remained unclear and thus open.
Unclear also remained the question of how to proceed if a disagreement is not overcome. The text of the agreement, the lack of agreement between France on one side and the other five member states on the other side comes to light. France took the view that in such a case so long to be negotiated until a unanimous result is achieved. The other States, however, could be identified in the document that there was no agreement about what should be done if there is no unanimity is achieved.
The Luxembourg Compromise was thus not a compromise, but a text that fixed the disagreement over the use of majority voting in writing.
Right quality
The compromise is formally legally not legally binding, but it is respected in practice quite.
To him, the quality of a trust state of affairs is only granted.
Through the agreement, a kind of common law is created, continue to negotiate so long after the Member States in important cases, until a consensus is achieved.
The same is also in areas where actually is intended to be sufficiently qualified majority, predominantly the case.
Handle after 1966
From then on, was in fact against the will of a Member State not a majority vote. Multiple, individual member countries appealed to the compromise. The SEA did not touch on the compromise.
Developments
In a modified form of the Luxembourg compromise would be up to the present time.
Treaty of Amsterdam
The lodging of a veto " for national reasons " with a pending qualified majority voting in CFSP led gem. Article 23, para 2 TEU ( as amended by the Treaty of Amsterdam) to that at all there is no vote.
Treaty of Lisbon
In the current contracts, find a similar provision in article 31, paragraph 2, subparagraph 2 of the TEU: " Explains a member of the Council that it intends for essential reasons of national policy, which needs to call it, a qualified reject majority decision to be adopted, a vote shall not. , the High representative will, in close consultation with the Member State concerned to an acceptable level for that Member State solution. Failure to do so, the Council may, acting by a qualified majority, request that the matter be referred to a unanimous decision to the European Council is referenced. " '