An alternative to the Lisbon Treaty. Well here it is, well the first draft anyway. I am getting proof readers to scan for any errors in cross referencing and build a consolidated text and I will publish that once I have it. This treaty will retain the benfits of europe but not require compromises in sovereignty. I welcome your reactions and comments.

First Acts:

All protocols associated to the Treaty on European Union and the Treaty of the Functioning of the European Union shall be repealed

All declarations associated to the Treaty on European Union and the Treaty of the Functioning of the European Union shall be withdrawn

The Treaty on European Union shall be repealed and the European Union dissolved.

Second Acts:

The Treaty on the Functioning of the European Union shall be renamed the Treaty establishing the European Economic Organisation (TEEO).

A preliminary section shall be added to TEEO as follows:

PRELIMINARY SECTION

By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN ECONOMIC ORGANISATION, hereinafter called "the EEO" on which the Member States confer competences to attain objectives they have in common.

1. The EEO shall have an institutional framework

The EEO's institutions shall be:

- the European Council,

- the Council,

- the European Central Bank,

2. Each institution shall act within the limits of the powers conferred on it and in conformity with the procedures, conditions and objectives set out in them.

PROVISIONS ON ENHANCED COOPERATION

1. Member States which wish to establish enhanced cooperation between themselves within the framework of the EEO's non-exclusive competences may make use of its institutions and exercise those competences by applying the relevant provisions of the Treaty

2. Enhanced co-operation can only be authorised by unanimous agreement of the European Council.

3. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. They shall not be regarded as part of the acquis which has to be accepted by candidate States for accession to the Organisation.

FINAL PROVISIONS

1. The Treaty may be amended by unanimous ratification of an amending treaty.

2. Ratification shall be completed by exchange of appropriate instruments of ratification.

3. Any European State with an appropriate human rights record may apply for membership.

4. Accession shall require unanimous agreement of the existing members.

5. Accession shall be completed by ratification of an accession treaty by the existing members and the applicant state. Ratification shall be completed as stated in paragraph 2.

6. If a state withdraws from the organisation the existing members shall make all reasonable efforts to negotiate an association agreement. Such an association agreement shall be ratified by unanimous agreement of the remaining members and completed according to paragraph 2.

7. This Treaty shall enter into force on 1 January 2011, provided that all the Instruments of ratification have been exchanged, or, failing that, on the first day of the month following the exchange of the Instrument of ratification by the last signatory State to take this step.

Third Acts:

The TEEO shall be amended as follows:

UNIVERSAL PROVISIONS:

All references to “Union” shall be changed to “Organisation”.

All references to “Treaties” shall be replaced by “Treaty”.

All references to the European Commission, Parliament and Court of Justice of the European Union shall be deleted.

The numbers and lettering of articles, paragraphs and subparagraphs shall be updated to account for the removal of old provisions and the introduction of new provisions.

All references to “ordinary legislative procedure” and all references to “special legislative procedure” shall be replaced by “legislative procedure”.

Article 1:

Paragraph 2 shall be deleted.

Article 2:

“and employment” shall be deleted from paragraph 3.

Paragraphs 4 & 5 shall be deleted.

Article 3:

Paragraph 1 sections (d) and (e) shall be deleted.

Article 4:

“and 6” shall be deleted from paragraph 1.

Section (b), (j) & (k) of paragraph 2 shall be deleted.

“and fisheries, excluding the conservation of marine biological resources” shall be deleted from section (d).

Paragraph 4 shall be deleted.

Article 5:

Paragraphs 2 and 3 shall be deleted.

Article 6:

Article 6 shall be deleted.

Article 13:

Article 13 shall be replaced by: “Proper regard for animal welfare must be taken into account when implementing policies”.

Article 14:

Article 14 shall be replaced by “The provision of public healthcare services shall not be affected by this treaty”.

Article 15:

Paragraph 2 shall be deleted.

“Any citizen of the union, and” shall be deleted from paragraph 3.

Article 16:

“The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 39 of the Treaty on European Union.” Shall be deleted from paragraph 2.

Article 19:

Article 19 shall be replaced by: “Proper regard for the rights of minority and disadvantaged communities must be taken into account when implementing policies. In particular gender, race or ethnicity, creed, handicap, age or gender preference must not influence the implementation of policies”.

Article 20:

Paragraph 1 shall be deleted.

Paragraph 2 shall be replaced by: “Citizens of the member states shall enjoy the following rights: (a) freedom of employment and establishment, (b) access to diplomatic and consular services in third countries from the diplomatic and consular services of the other member states other member states where their own states diplomatic and consular services are inaccessible without reasonable time or cost, (c) freedom of residence for persons who are self sufficient.   

New Paragraph: “Where a member state experiences and unemployment crisis the right of freedom of employment may be suspended by the state in question. The criteria for defining an unemployment crisis shall be agreed by the European Council and shall be reviewed annually.

Article 21-25:

Articles 21-25 shall be deleted. 

Article 27:

Article 27 shall be replaced by “Temporary derogations from internal market rules may be granted in exceptional circumstances where agreed by the Council.”

Article 31:

Article 31 shall be replaced by: “Common Customs Tariff duties shall be fixed by the Council.”

Article 32:

Article 32 shall be deleted.

Article 33:

Article 33 shall be replaced by: “Within the scope of application of the Treaty, the Council, acting in accordance with legislative procedure, shall take measures in order to strengthen customs cooperation between Member States.”

Article 37:

New paragraph: “This article shall not impede the provision of public healthcare.”

Articles 38-44:

Articles 38-44 shall be replaced by:

“Sustainable Agriculture policy

The member states shall formulate a common policy to achieve sustainable agriculture with the following objectives:

(a) Food Security.

(b) Maximising employment in Agriculture.

(c) Providing affordable food products to the citizens of the member states.

(d) Achieving long term sustainability in agriculture

To achieve these objectives the council in accordance with legislative procedure shall take measures.

In enacting these measures appropriate financial support and compensation must be provided to agricultural service providers to ensure the viability of their enterprises.

The council shall in accordance with legislative procedure establish a system for assessing the financial assistance required by agricultural service providers.

To ensure fair competition the council in accordance with legislative procedure may temporarily implement a system of interstate tariffs subject to annual review.

Fresh fish products shall be considered an agricultural product.

Article 45:

In paragraph 3 (d) “Commission” shall be replaced by “Council”.

Article 48:

Article 48 shall be deleted.

Article 50:

Paragraph 2(e): “Article 39(2)” shall be replaced by “Sustainable Agriculture Policy”.

Article 57:

Paragraph 2 shall be deleted.

New paragraph: “Services related to human reproduction are excluded from the application of this treaty, in particular no member state shall be required to alter their laws in respect of abortion, euthanasia, cloning, embryonic stem cell research or any other means of unnatural creation or termination of human life.”.

Articles 60-62:

Article 60 shall be deleted.

Article 64

New Paragraph: “A member state may temporarily suspend the free movement of capital for the purposes of the successful completion of a currency devaluation or revaluation”.

Articles 67-89

Articles 67-89 shall be deleted.

Article 95

Paragraph 4 shall be deleted.

Article 96

Paragraph 2 shall be deleted.

Article 97

The third subparagraph shall be deleted.

Articles 98-99

Articles 98-99 shall be deleted.

Articles 101-102

New Paragraph: “Public healthcare shall be excluded from the scope of this article.”

Article 103

Paragraph 2(d) shall be deleted.

Article 105

Article 105 shall be deleted.

Article 106

Paragraph 3 shall be deleted.

Article 107

Paragraph 3(e) shall be deleted.

Article 108

Article 108 shall be deleted.

Article 113

Article 113 shall be deleted.

Article 114

Paragraphs 3-9 shall be deleted.

Articles 116-117

Articles 116-117 shall be deleted.

Article 119

Paragraph 1: “For the purposes set out in Article 3 of the Treaty on European Union,” shall be deleted.

Paragraph 2 Line 2: “for those states that choose to participate” shall be added after “single currency”.

Article 120

Line 2: “as defined in Article 3 of the Treaty on European Union,” shall be deleted.

Article 121

Article 121 shall be deleted.

Article 126

Article 126 shall be replaced by “Member States shall take all reasonable steps to excessive government deficits”.

Article 127

Paragraph1: “The primary objective of the European System of Central Banks (hereinafter referred to as "the ESCB") shall be to maintain price stability. Without prejudice to the objective of price stability, the ESCB shall support the general economic policies in the Union with a view to contributing to the achievement of the objectives of the Union as laid down in Article 3 of the Treaty on European Union.”  shall be deleted.

New Article

“1. Any member state wishing to withdraw from economic and monetary union shall notify the european council.

2. The european council shall agree an exchange rate between the euro and the reinstated national currency for a period of time. The ECB shall buy the reinstated national currency at the agreed exchange rate for this period determined by the european council.

3. Upon the lapsing of the agreed time period the european council may extend the time period or terminate the agreed exchange rate.”

Articles 136 &137

Articles 136 & 137 shall be deleted.

Article 138

“A qualified majority of the said members shall be defined in accordance with Article 238(3)(a).” Shall be deleted

Articles 139 - 144

Articles 139 - 144 shall be deleted.

Article 145

“with a view to achieving the objectives defined in Article 3 of the Treaty on European Union” shall be deleted.

Article 146

“adopted pursuant to Article 121(2)” shall be deleted.

Article 150

“acting by a simple majority” shall be deleted.

Articles 151-172.

Articles 151-172 shall be deleted.

Article 175:

Article 175: “The Commission shall submit a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions every three years on the progress made towards achieving economic, social and territorial cohesion and on the manner in which the various means provided for in this Article have contributed to it. This report shall, if necessary, be accompanied by appropriate proposals.” Shall be deleted.

Article 178:

Article 178: In the second paragraph “and 164” shall be deleted.

In the second paragraph “Article 43” shall be replaced by “Sustainable     Agriculture Policy”.      

Article 181

Article 181: “2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.” Shall be deleted.

Articles 189-190

Articles 189-190 shall be deleted.

Article 191

Article 191: “In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.” Shall be deleted.

Article 192

Article 192:  Paragraph 2 shall be deleted.

                  “or 2” shall be deleted from paragraph 3.

Articles 194-195

Articles 194-195 shall be deleted.

Article 197

Article 197 shall be deleted.

Article 198

Article 198: “The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.

In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.” shall be deleted.

Article 201

Article 201 shall be deleted.

Article 204

Article 204: “for Greenland set out in the Protocol on special arrangements for Greenland, annexed to the Treaties.” shall be replaced by “in the Greenland withdrawal agreement”.

Article 205

Article 205 shall be deleted.

Article 206

Article 206: “32” shall be replaced by “31”.

Article 207

Article 207: “, foreign direct investment” shall be deleted.

 “The Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules.” shall be deleted.

“The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it. The Commission shall report regularly to the special committee and to the European Parliament on the progress of negotiations.” shall be deleted.

Paragraph 4 shall be deleted.

Articles 208-210

Article 208-210 shall be deleted.

Articles 212-221

Article 212-221 shall be deleted.

Article 222

Article 222: Paragraph 1- “the object of a terrorist attack or” shall be deleted.

“the military” shall be deleted.

“(a) - prevent the terrorist threat in the territory of the Member States;

- protect democratic institutions and the civilian population from any terrorist attack;

- assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;” shall be deleted.

“(b) “ shall be deleted.

Paragraphs 2, 3 & 4 shall be deleted.

Articles 223-236

Articles 223-236 shall be deleted.

Articles 238-239

Articles 238-239 shall be deleted.

Article 241

Article 241 shall be deleted.

Articles 243-281

Articles 243-281 shall be deleted.

Article 284

Article 284: Paragraph 1 shall be deleted.

Articles 285-287

Articles 285-287 shall be deleted.

Article 289

Article 289 shall be replaced by: “Legislative procedure shall firstly consist of the unanimous adoption by the Council of a regulation, directive or decision. Both the Council and the European Council have the right of initiative.

Secondly the agreed regulation, directive or decision shall be submitted to national parliaments for approval. If after 6 months any national parliament has not approved the regulation, directive or decision shall be referred back to the Council for reconsideration and modification.

If the regulation, directive or decision fails to be approved three times or it is invalidated by a member states highest court it is deemed defeated.”

Articles 290-299

Articles 290-299 shall be deleted.

Article 311

Article 311 shall be replaced by “The member states shall provide the organisation with the resources required to properly function.

The European Council shall agree a formula for contributions.”

Article 314

Article 314 shall be replaced by: “the Council shall establish the Organisation's annual budget and refer it to the European Council for approval.

If, at the beginning of a financial year, the budget has not yet been definitively adopted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter of the budget”

Articles 315-319

Articles 315-319 shall be deleted.

Articles 321-322

Articles 321-322 shall be deleted.

Article 324

Article 324 shall be deleted.

Article 325

Article 324: Paragraph 5 shall be deleted.

Article 326

Article 326 Paragraph 2 shall be deleted.

Article 329

Article 329 shall be replaced by: “Member States which wish to establish enhanced cooperation between themselves in one of the areas covered by the Treaty shall advise the European Council. The European Council may then authorise enhanced co-operation.

Where a member state feels that enhanced co-operation is being used beyond the authorised terms an emergency meeting of the European Council shall be called and enhanced co-operation suspended pending a review. Enhanced co-operation may resume after unanimous agreement by the European council.”

Article 330

Article 330: “A qualified majority shall be defined in accordance with Article 238(3).” Shall be deleted.

Article 331

Article 331 shall be replaced by: “Any Member State which wishes to participate in enhanced cooperation in progress shall notify its intention to the Council. If the existing members of enhanced co-operation are in agreement the member state wishing to participate shall join.”

Article 333

Article 333 shall be deleted.

Article 335

Article 335 shall be deleted.

Articles 337-339

Articles 337-339 shall be deleted.

Article 342

Article 342 shall be replaced by: “The working languages of the organisation are English, French, German, Polish and Spanish.

Official documents and transcripts will be provided in all the official languages of the member states upon request.”

Article 343

Article 343 shall be deleted.

Article 344

Article 344 shall be replaced by: “Disputes as to the correct meaning of the treaties shall be referred to the European Council for resolution.

If the European Council fails to resolve the dispute the matter will be referred to the highest court of each of the member states party to the dispute.

If the courts do not reach the same conclusion the relevant provisions of the treaties shall be suspended and the member states shall negotiate an amending treaty to resolve the dispute.”

Article 348

Article 348 shall be replaced by: “If measures taken in the circumstances referred to in Articles 346 and 347 have the effect of distorting the conditions of competition in the internal market, the European Council shall call an emergency meeting examine how these measures can be adjusted to the rules laid down in the Treaty.”

Article 349

Article 349 shall be deleted.

Article 350

Article 350 shall be replaced by: “This treaty shall not prevent member states making treaties amongst themselves or with non-member states, however such treaties cannot affect the implementation of this treaty.”

Articles 352-354

Articles 352-354 shall be deleted.

Article 355

Article 355 shall be replaced by: “The special arrangements for association set out in Part Four shall apply to the overseas countries and territories listed in Annex II.

The provisions of the Treaty shall apply to Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy, Saint-Martin, the Azores, Madeira and the Canary Islands in accordance with the previous agreements.

The Treaty shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not included in the list previously agreed.

The provisions of the Treaty shall apply to the European territories for whose external relations a Member State is responsible.

The provisions of the Treaty shall apply to the Åland Islands in accordance with the provisions set out in the previous agreements.

the Treaty shall not apply to the Faeroe Islands.

the Treaty shall not apply to the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus except to the extent necessary to ensure the implementation of the arrangements set out in the previous agreement on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus annexed to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and in accordance with the terms of that previous agreement;

the Treaties shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972.

6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in this article.”

Article 358

Article 358 shall be deleted.

New Article

“Any conflict between this treaty and the United Nations charter, the United Nations charter prevails.”

New Article

“Membership of the Organisation is voluntary and member states are free to withdraw from the Organisation in accordance with International treaty laws and conventions.”

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Treaty.