Background - Lisbon Treaty and institutional reform
The Treaty of Lisbon reformed the EU's institutional structure to cut bureaucracy and speed up decision-making after enlargement. Article 13 of the EU Treaty lists the Union's institutions, and Lisbon granted full institutional status to the European Council and the - letting them make binding decisions rather than just advise. Lisbon also raised the Charter of Fundamental Rights to the same legal status as the treaties, making it legally binding, including Article 8 on the protection of personal data.
The Treaty of Lisbon amended the EU Treaty and renamed the EC Treaty as the TFEU in response to EU enlargement, aiming to reduce bureaucracy and improve the speed of decision-making. The new institutional framework is set out in Article 13 of the EU Treaty.
- The EU's institutions under Article 13: the European Parliament, the European Council, the Council (Council of the EU), the European Commission, the Court of Justice of the European Union, the and the Court of Auditors
- Lisbon granted institutional status to the European Council and , so they can now make binding decisions rather than just advise
- The chapter covers only the first five institutions; the European Central Bank and Court of Auditors are not examined further
Lisbon also promoted the Charter of Fundamental Rights to the same legal status as the treaties themselves, making it legally binding on the institutions. Key privacy provisions: Article 7 (respect for private and family life, home and communications), Article 8 (protection of personal data), and Article 41 (right to good administration, including access to one's file).
Poland and the UK signed a protocol purporting to disapply the Charter, but the CJEU held the opt-out was ineffective because the Charter had only ever proclaimed pre-existing rights. The Charter binds member states only when they are implementing Union law, not at all times.