The Lisbon Treaty

A Legal and Political Analysis

Author: Jean-Claude Piris

Publisher: Cambridge University Press

ISBN: 0521197929

Category: Law

Page: 426

View: 4673

This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and Set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including `law in context' approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director-General of the Legal Service of the Council of the European Union (EU), provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law. Since 1988, Jean-Claude Piris has served as the Legal Counsel of the Council of the EU and Director-General of its Legal Service. He is an Honorary Counsellor of State of France, a former diplomat at the UN and the former Director of Legal Affairs of the OECD. He was the Legal Advisor of the Successive Intergovernmental conferences which negotiated and adopted the treaties of Maastricht in 1992, Amsterdam in 1997 and Nice in 2001, the constitutional Treaty signed in Rome in 2004 and, finally, the Lisbon Treaty in 2007.

Foreign Policy Aspects of the Lisbon Treaty

Author: Great Britain: Parliament: House of Commons: Foreign Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215038265

Category: Political Science

Page: 113

View: 4540

Although this report mainly examines the foreign policy aspects of the Lisbon Treaty, the Committee makes some general comments on the process leading to signing of the Treaty. Chapters examine the 2007 Intergovernmental Conference process, foreign policy in that process, foreign policy in the Lisbon Treaty, new foreign policy posts, the European External Action Service, and the European Security and Defence Policy. The Government should have provided more information to Parliament during Spring 2007 about its approach to the renewed EU Treaty reform process. Parliament was entitled to expect adequate time to be consulted and to be able to make an input into the contents of the Treaty, through the Government. After the Treaty was finalised, Parliament was also entitled to have adequate time to make a thorough examination of the Treaty's detailed impact on the EU and the United Kingdom constitution. Parliament has been denied these opportunities, on both counts. The procedure followed meant that the 2007 Intergovernmental Conference mandate was agreed with little scope for UK public or Parliamentary debate and engagement. This sets an unfortunate precedent which is damaging to the credibility of the institutional reform process itself. The Committee believes the creation of the post of High representative for Foreign Affairs and Security Policy, and of the European External Action Service, represent major and significant innovations in the EU's foreign policy-making machinery. These developments, and two UK-inspired Declarations on the Common Foreign and Security Policy, are the only material differences between the provisions on foreign affairs in the Constitutional Treaty and those in the Lisbon Treaty.

The Lisbon Treaty

Law, Politics, and Treaty Reform

Author: Paul Craig

Publisher: OUP Oxford

ISBN: 0191642819

Category: Law

Page: 512

View: 5527

The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty. This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.

The Eu External Relations After the Lisbon Treaty

Author: Iveta Pychova

Publisher: GRIN Verlag

ISBN: 3640800702


Page: 13

View: 6306

Essay from the year 2010 in the subject Politics - International Politics - Topic: European Union, grade: -, University of Southern Denmark, language: English, abstract: The year 2009 was a year of substantive change for the European Union. After almost ten years of long negotiations and many modifications and opt-outs reform treaty, the Lisbon Treaty, was finally ratified by all the 27 Member States of the Union. For some only slightly changed rejected Constitution for Europe, for others a hope of stronger and united Union. As a matter of course the EU needed a reform, indeed. Especially after the eastern enlargement of the European Union in May 2004 it became clear that the Union can not continue to function under the existing treaties that were drafter for 15 Member States. One of the major changes that the Lisbon Treaty brought is concerning the external representation of the EU, namely the establishment of the President of the European Council, the High Representative of the Union for Foreign Affairs and Security Policy that shall be assisted by a European External Action Service. This will be the main content of this research paper, to determine and analyze the developments within the framework of the external relations of the EU in post-Lisbon period. The Lisbon Treaty is a result of numerous compromises and appeasements and for many still remains merely relabeled Constitution for Europe that transforms the EU into some kind of "super state" with its own President, Minister of Foreign Affairs and diplomatic crops. These arguments are naturally not entirely wrong. The Lisbon Treaty is practically only modification of previously rejected Treaty establishing a Constitution for Europe and number of criticized items were not removed from the Treaty but simply just renamed with its intended functions unchanged, at least in the area of external relations. One might ask why then all the lengthy and complex proceedings? It looks more like a quarrelling over termino

Parliamentary Democracy in the Lisbon Treaty

The Role of Parliamentary Bodies in Achieving Institutional Balance and Prospects for a New European Political Regime

Author: Sotirios Petrovas

Publisher: Universal-Publishers

ISBN: 1599423782

Category: Political Science

Page: 98

View: 6529

The Lisbon Treaty is the latest and most crucial reform to the European Union. As the successor to the much-debated and innovative Constitution, it represents the culmination of the unification process, for it aims to simultaneously enhance efficiency and cover the democratic deficit inherent in the outdated decisionmaking mechanisms of the past, as a consequence of excessive enlargement and deepened integration. Thus, the first question is the extent to which the Lisbon Treaty renders the Union more democratic and according to what criteria that may be evaluated. Another question is related to the fact that the Treaty is the result of a fundamental debate on the very nature of the European Union: Is the latter to become an authentic political union or a mere free-trade area with secondary political attributions? And will its internal operating rules correspond more to a parliamentary or a presidential regime? The present work proposes to focus on the claim that the European Union as a polity shall become more democratic with the Lisbon Treaty, and seeks to provide answers using representative democracy and parliamentarianism as indicators. To achieve such an ambitious aim, special attention is given to parliamentary bodies, first at the supranational level with the European Parliament as part of the institutional triangle (Commission-Council-Parliament), then at the internal level with the Member States' national Parliaments as part of the framework of existing and new competences (oversight, vertical separation of powers and subsidiarity). The changes brought about by the Lisbon Treaty towards more democracy are not without consequence to its second proclaimed goal, efficiency. It is thus interesting to examine how both are combined and if there is a positive or a negative interaction between the two. Moreover, the very articulation of the sensitive balance between measures for more efficiency and measures for more democracy has a noticeable impact on the European Union as a political system. Will it function like a federal or an intergovernmental system? Although much of the above will undeniably be determined through the practice of the institutions and the overall political equilibrium that will be achieved, the present work offers useful methods and elements of analysis that are an indispensable guide to anyone with an interest in European Union law and politics.

National Politics and European Integration

From the Constitution to the Lisbon Treaty

Author: Maurizio Carbone

Publisher: Edward Elgar Publishing

ISBN: 1849805148

Category: Political Science

Page: 243

View: 8959

This book discusses the domestic politics of treaty reform in the European Union, from the failed referendums on the Constitutional Treaty held in France and the Netherlands in May-June 2005 to the entry into force of the Treaty of Lisbon in December 2009. The chapters, written by some of the finest scholars in the field of EU/European politics, show how European integration has increasingly become a contested issue in a majority of Member States. Going beyond the view that national governments are the main, if not the sole, driving force in the process of European integration, this book shows that other actors and factors have played a central role in preference formation and inter-state bargaining. These include: political parties, public opinion, the media, presidents, constitutional courts and, more broadly, political systems, ratification hurdles and the general negotiation context. National Politics and European Integration combines empirical analysis and theoretical explanations for one of the most controversial periods in the history of the European Union. This important book will be of great interest for advanced students in EU studies, comparative politics and public policy.

The Lisbon Treaty and Social Europe

Author: Niklas Bruun,Klaus Lörcher,Isabelle Schömann

Publisher: Bloomsbury Publishing

ISBN: 1847319408

Category: Law

Page: 348

View: 1830

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

Subsidiarity, National Parliaments and the Lisbon Treaty

Thirty-third Report of Session 2007-08; Report, Together with Formal Minutes, Oral and Written Evidence

Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee

Publisher: The Stationery Office

ISBN: 9780215523853

Category: Treaty on European Union (1992). Protocols, etc., 2007 Dec. 13

Page: 74

View: 7154

The Lisbon Treaty contains provisions which are intended to "encourage greater involvement of national parliaments in the activities of the European Union and to enhance their ability to express their views on draft legislative acts ... as well as on other matters which may be of particular interest to them". This report examines these provisions. The referendum on the Treaty in the Republic of Ireland took place during the course of the inquiry. The "no" vote in Ireland raised the question of whether to continue: it was decided to do so for two main reasons: the first is that, irrespective of the Lisbon Treaty, the principle of subsidiarity will remain an important part of EU and Community law; and the second is that the UK will retain its right to decide whether to opt into European legislation on visas, asylum and immigration under Title IV of the present EC treaty. The conclusions on the provisions of the Lisbon Treaty on subsidiarity include: the substance of the subsidiarity Article in the Lisbon Treaty is the same in its effect as the existing Article in the EC Treaty; examination of EU proposals for compliance with the principle of subsidiarity is a long-established and fundamental part of the scrutiny process of the European Scrutiny Committee of the House of Commons; whether a proposal does or does not comply is a matter of political judgement and is unlikely to be capable of an entirely objective assessment.

Images of the Lisbon Treaty Debate in the British Press

A Corpus-based Approach to Metaphor Analysis

Author: Chiara Nasti

Publisher: Cambridge Scholars Publishing

ISBN: 1443843652

Category: Language Arts & Disciplines

Page: 245

View: 7742

In this book, Chiara Nasti analyses the distribution of metaphor scenarios and patterns in the public discourse on the European Lisbon Treaty. Her study on a specialized corpus reveals differences and/or similarities in the argumentation and attitudes of the main UK broadsheet and tabloid newspapers. She summarizes the main theories and identification procedures for metaphor investigation, commenting on some developments in the field of metaphor studies. Following Charteris-Black’s Critical Metaphor Analysis, she starts from the premise that metaphors need to be explored in the context where they occur. Her analysis in fact reveals that context investigation is useful to better understand the complexity of metaphors – their pragmatic and cognitive function – and their role in the political debate. Moreover, the analysis reveals as well that metaphors are useful tools for identifying stereotyped roles of the participants in the ratification process; and they are also functional, used to explore both political and journalistic attitudes towards the debate on the Lisbon Treaty. Her book addresses readers from various academic backgrounds who are interested in linguistics, cognitive linguistics and, in particular, the application of corpus linguistics to metaphor investigation. It will also be of interest to academic students dealing with the debate over the Lisbon Treaty.

European Security Governance and the European Neighbourhood after the Lisbon Treaty

Author: Christian Kaunert,Sarah Léonard

Publisher: Routledge

ISBN: 1135740445

Category: Political Science

Page: 160

View: 1636

The EU has often been considered to be a weak security actor. However, any assessment of the EU’s role in international security is underpinned by a specific understanding of security. This book is based on a broad understanding of security. We consider that security concerns are increasingly triggered by challenges such as terrorism, climate change, mass migration flows, and many other ‘non-traditional’ security issues. This book tries to capture these aspects of the EU’s fast changing security policies following the entry into force of the Lisbon Treaty on 1 December 2009. There are several common themes stemming from a combined reading of the chapters. Firstly, the EU has sought to simultaneously pursue its security objectives and spread its values, such as democracy, the rule of law, and human rights, by encouraging reforms in its neighbourhood. However, it is increasingly evident that there are tensions and contradictions between these two objectives, which can be illuminated and better understood by considering another strand of literature, with which there has been little engagement in EU studies to date, namely the literature on human security. This book is the first to analyse these hugely topical developments in European security after the Lisbon Treaty. It was published as a special issue of Perspectives on European Politics and Society.

The Lisbon Treaty

EU Constitutionalism without a Constitutional Treaty?

Author: Stefan Griller,Jacques Ziller

Publisher: Springer

ISBN: 3211094288

Category: Law

Page: 383

View: 6916

Immediately after the rejection of the Constitutional Treaty in France and in the Netherlands, I was tempted not to comply with a contract according to which I was expected to write on the Eu- pean Constitution within a very close deadline. “What is the sense of it now?” I tried to argue. “I cannot be obliged by a contract wi- out an object”. I was wrong at that time and we would be equally wrong now, should we read the Irish vote on the Lisbon Treaty and the Lisbon Treaty itself as the dead end for European constitutionalism. Let us never forget that the text rejected in May 2005 was not the founding act of such constitutionalism. To the contrary, it was nothing more than a remarkable passage in a long history of constitutional dev- opments that have been occurring since the early years of the Eu- pean Community. All of us know that the Court of Justice spoke of a European constitutional order already in 1964, when the primacy of Community law was asserted in the areas conferred from the States to the European jurisdiction. We also know that in the pre- ous year the Court had read in the Treaty the justiciable right of any European citizen to challenge her own national State for omitted or distorted compliance with European rules.

Your Guide to the Lisbon Treaty

Author: European Commission. Directorate-General Communication

Publisher: N.A


Category: Constitutional law

Page: 16

View: 8442

After decades of war that cost millions of lives, the foundation of the EU marked the beginning of a new era where European countries solve their problems by talking, not fighting. Today, members of the EU enjoy a wealth of benefits. The existing rules, however, were designed for a much smaller EU, and an EU that did not have to face global challenges such as climate change, a global recession or international cross-border crime. The EU has the potential, and the commitment, to tackle these problems, but can only do so by improving the way it works. This is the purpose of the Lisbon Treaty. It makes the EU more democratic, efficient and transparent. It gives citizens and parliaments a bigger input into what goes on at a European level, and gives Europe a clearer, stronger voice in the world, all the while protecting national interests. This leaflet explains what the Lisbon Treaty means to you as a citizen.--Publisher's description.

The EU and the Proliferation of Integration Principles under the Lisbon Treaty

Author: Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi

Publisher: Routledge

ISBN: 1351839373

Category: Law

Page: 196

View: 8408

The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

The EU's Lisbon Treaty

Institutional Choices and Implementation

Author: Finn Laursen

Publisher: Routledge

ISBN: 1317032624

Category: Political Science

Page: 328

View: 5642

The Lisbon Treaty, which came into force in December 2009, aims to make the European Union both more efficient and legitimate. Two new important posts were created; an elected President of the European Council and a High Representative (HR) of the Union for Foreign and Security Policy who will also be a Vice-President of the Commission. Leading international scholars have been gathered together to examine the institutional choices and innovations of the Lisbon Treaty and discuss the likely effects of these changes. Will the changes meet the declared goals of a more efficient and democratic Union which will allow the EU to act internationally with greater coherence and efficiency? If institutions matter, how much do they matter? How significant is the Lisbon Treaty? What kind of leadership will be available in the post-Lisbon EU?

Saving the European Union

The Logic of the Lisbon Treaty

Author: Andrew Duff

Publisher: Young Writers

ISBN: 9781907149023

Category: Constitutional law

Page: 187

View: 3583

The economic slump, climate change and worsening international security combine to strengthen the argument for the reform of the European Union. Andrew Duff puts the case for change. He argues that only a stronger EU will be able to tackle the problems Europe faces at home and abroad. Without a modernisation of the system of government and much deeper parliamentary democracy, the EU might fail.

The Foreign Policy of the European Union

Assessing Europe's Role in the World

Author: Federiga Bindi

Publisher: Brookings Institution Press

ISBN: 9780815704638

Category: Political Science

Page: 367

View: 494

In a relatively short time, the European Union has become one of the world's most powerful and important bodies. Its critical role in international affairs extends to several different areas: economics; culture; the environment; and, of course, international security and foreign affairs. This important volume explains and evaluates EU foreign policy in all its confusing dimensions. Is there really any such thing as "European Union Foreign Policy"? If so, what is it? What are its goals and priorities, and how effective is it? How do outsiders perceive EU foreign policy, and what are the ramifications of those views? Those are just some of the questions this book tries to answer. In order to draw the most comprehensive picture possible of EU foreign policy, Federiga Bindi and her contributors dissect both "horizontal" and "vertical" issues. Vertical concerns focus on particular geographic regions, such as the EU's foreign policy toward Africa and Asia and its relations with the United States. Horizontal issues explore wider crosscutting themes that help explain the EU's foreign policy choices and operations, such as decisionmaking processes and procedures; European self-identity; and core priorities such as peace, democracy, and human rights. Contents Foreword by Giuliano Amato, former foreign minister and prime minister of Italy Part I. The New Tools of EU Foreign Policy II. US-EU Relations after the Elections III. EU Relations with the Rest of the Americas IV. Africa and Asia V. The EU and Its Neighbors VI. The EU, the Mediterranean, and the Middle East VII. Promoting Values and Models Abroad VIII. Conclusions: Assessing EU Foreign Policy

Fundamentals of European Union Law

Including the Lisbon Treaty amendmends (Ausgabe Österreich)

Author: Markus Frischhut

Publisher: Linde Verlag GmbH

ISBN: 3709406080

Category: Law

Page: 84

View: 5288

Including Lisbon, the Croatian Accession and the new EUR-Lex! In the meantime, the law of the European Union (EU) has reached a considerable compass and influences the national laws to a significant extent. This “Linde Praktiker Skriptum (LPS)” at hand shall explain the fundamentals of EU law in a short and precise way by means of some noteworthy examples. This manual (LPS) not only includes the Treaty of Lisbon amendments (entry into force on December 1st, 2009), but also the amendments due to the Treaty of Accession of Croatia (entry into force on July 1st, 2013), and refers to the new EUR-Lex database (available since March 2013).

House of Commons - Home Affairs Committee: Pre-Lisbon Treaty EU Police and Criminal Justice Measures: The UK's Opt-In Decision - HC 615

The UK's Opt-in Decision, Ninth Report of Session 2013-14, Report, Together with Formal Minutes, Oral and Written Evidence

Author: Great Britain: Parliament: House of Commons: Home Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215063410

Category: Criminal justice, Administration of

Page: 115

View: 1133

This report is the Home Affairs Committee's response to the House's invitation of 15 July 2013, together with the Justice and European Scrutiny Committees, to submit a report by the end of October 2013 relevant to the exercise of the block opt-out of pre-Lisbon Treaty EU police and criminal justice measures, before the start of negotiations between the Government and the European Commission, Council and other EU member states on measures which the UK wishes to rejoin following exercise of the block opt-out. The Government has given notification of its intention to exercise the block opt-out. Its right to do so, and the conditions attached to the exercise of that right, are contained in Article 10 of Protocol 36 annexed to the EU Treaties. The block opt-out covers 130 EU police and criminal justice measures which had been adopted prior to 1 December 2009, the date of the entry into force of the Lisbon Treaty. The Committee has also set out: (i) That there are many problems with the European Arrest Warrant, in its existing form, in particular that it is on a system of mutual recognition of legal systems which in reality vary significantly; (ii) The Committee welcomes and supports the Government's reform package for the arrest warrant; (iii) The Committee recommends separate votes on the arrest warrant to the rest of the opt-in package at an early stage to provide a parliamentary mandate for the Government's negotiations.; (iv) The Committee concludes that if the Government proceeds with the opt-in as proposed, it will not result in any repatriation of powers. Indeed, the increased jurisdiction of the European Court of Justice may result in a net flow of powers in the opposite direction.