Treaty

Treaties are legally binding agreements between countries on any given subject. Treaties are subject to international law.

This category of Treaties refers exclusively to treaties between the member states that define how the European Union is governed and how a division of competences between the member states and the EU is arranged.

Area of application

European treaties may contain elements that have direct application on member states as well as legal entities, most notably citizens of the member states. Treaties may also contain elements that are solely aimed at institutional matters (legal constellations, governing structures, division of competences, etc.).

The major treaties (Rome, Maastricht, Lisbon i.e.) cover a wide range of topics, potentially even redefining the structure and workings of the European Union. Several minor treaties have also been signed, mostly dealing with changes to administrative provisions. Interinstitutional agreements¹ are used for practical arrangements, managing day-to-day affairs and interpretating the treaties with regard to institutional affairs.

For each new member state joining the European Union a treaty of accession is signed.

Adopting treaties

The European Union has several procedures for amending the treaties².

Note that there is a tendency to exclude treaties from the standard legal databases as used by the European Union.

Treaties are based on the Treaty on European Union (TEU).

• - 

  instrument: TEU title I art. 1
• - 

  procedure: TEU title VI art. 48

• 1. 

  This particular type of agreement is used to establish institutional arrangements between the Council of Ministers, the European Parliament and the European Commission. The purpose of the agreement is to increase efficiency and to clarify procedures in order to prevent or limit conflicts amongst the institutions. Interinstitutional agreement can be legally binding, but this is not required.
   
• 2. 

  The European Treaties might be amended by using one of three different procedures. These procedures are rarely used, but are of great importance for the functioning of the European Union and the way decisions are made within the European Union.
   
• 3. 

  The European Union has a number of legal instruments to its disposal. These are used to make or coordinate policies, to take measures and initiate programme's, to facilitate the implementation of policies and to issue advice to member states. Legal instruments are divided into two categories, binding and non-binding instruments. Legal instruments specifically in place for implementing EU acts are binding, but have been put in a final, third section.