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Detailed and comprehensive analysis of how the Treaty of Lisbon emerged in 2007 this book explores the role played by the German Council Presidency and the EU's institutional actors in securing agreement among the leaders of member states on an intergovernmental conference as well as a new treaty text to replace the rejected Constitutional Treaty.
The Treaty of Lisbon and the Future of European Law and Policy by Martin Trybus,Luca Rubini Pdf
'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.
The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations by Great BritainForeign and Commonwealth Office Pdf
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?
The Lisbon Treaty by Stefan Griller,Jacques Ziller Pdf
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.
The Lisbon Treaty and Social Europe by Niklas Bruun,Klaus Lörcher,Isabelle Schömann Pdf
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.
Decision making in the EU before and after the Lisbon Treaty by Madeleine Hosli,Amie Kreppel,Bĕla Plechanovová,Amy Verdun Pdf
Decision-making in the European Union before and after the Lisbon Treaty aims to assess what the changes the Treaty of Lisbon envisaged and whether these ambitions have materialised since the Treaty entered into force. It offers analyses of the past, as well as what might be the future (because some provisions will only enter into effect in the years to come). To what extent has the current decision-making process been able to address the shortcomings and challenges of the past? What has been the impact of aspects of the Lisbon Treaty that clarified pre-existing norms and structures, in some cases formalizing them, rather than introducing new changes? The authors in this book look at the interaction between formal rules and informal practices seeking to point to the interaction between the two. They find that informal practices to date typically still dominate formal rules. This book was published as a special issue of West European Politics.
The Treaty of Lisbon came into effect on 1 December 2009. It gives the EU a new primary law framework and has significantly enhanced its competence and importance, thereby causing a remarkable increase in the EU's influence. Certain changes in the voting procedures should be particularly significant for companies: alongside the double majority rule in Council decisions, under the Lisbon Treaty, only a majority is now required in many areas previously governed by the principle of unanimity. Foremost examples here are justice and internal affairs, foreign trade and agriculture. Persuading its own national government that its concerns are legitimate is, therefore, only of limited benefit to a company as individual Member States can easily be outvoted in Brussels. A strong position in the company's "home Member State" only can rapidly become an insignificant minority position. Nevertheless, European actions and procedures remain obscure and inaccessible for many company heads. Companies, for this reason, often fail to see many opportunities and chances which a deeper understanding of and a strong presence in the European capital can offer a business. It is not simply the underlying conditions for companies in one Member State which are at stake, but rather the conditions governing an internal market with around 500 million consumers. The need for effective and efficient lobbying has increased due to the recent renaissance of the State observed in the crisis: in the context of partial nationalisation, far-reaching regulation of entire sectors and a general increase in state control of company decisions, good channels of communication to legislative and executive decision-makers are more important than ever. The publication helps to guide companies through the intricacies of Brussels and offers an insight into the complex but diverse and interesting service of lobbying. It is designed as a practical tool especially for decision-makers and executives in companies. Numerous figures and tables illustrate the text. Main topics include the characteristics of lobbying at the European level, taking account of the changes brought about by the Treaty of Lisbon, the notion of a lobbyist's "practical tools" and finally suggestions for a company's strategic positioning vis-a-vis decision makers in the European legislature and executive.
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?
EU Law after Lisbon by Andrea Biondi,Piet Eeckhout,Stefanie Ripley Pdf
Many of the most controversial areas of reform initiated by the Lisbon Treaty were not negotiated in the Treaty itself, but left to be resolved during its implementation. Since the Treaty's entry into force, the implementation process has already had a profound impact on many areas of EU law and policy, and consolidated new areas of power, such as over foreign investment. This collection gathers leading specialists in the field to analyse the Treaty's implementation and the directions of legal reform post-Lisbon. Drawing on a range of expertise to assess and comment on the Treaty, the contributors include both academics and practitioners involved in negotiating and implementing the Treaty. Focusing on the central issues and changes resulting from the Lisbon Treaty, the contributors examine the Treaty in the broader background of how the EU, and EU law in particular, has been developing in recent years and provide a contextual understanding of the future direction of EU law in the post-Lisbon era.
The EU after Lisbon by Lucia Serena Rossi,Federico Casolari Pdf
The book contains a collection of high-quality academic and expert contributions dealing with the central question of whether the Lisbon Treaty needs further revision. Due to the difficulties European Union actors have encountered in implementing the Lisbon Treaty’s reform and the inadequacies of the current legal framework brought to light by post-Lisbon practice, the volume focuses on possible innovations and functional approaches to improve the Union’s response to the challenges confronting it. In doing so, the volume first takes a horizontal approach to the Treaty’ revision and considers some constitutional features showing the interaction between the EU and its Member States (namely, the parameters of constitutional developments, the allocation of competences, the principles of solidarity and loyal cooperation). Then, the focus shifts to the question of fundamental rights within the EU’s constitutional framework, one of the most relevant innovations of the Lisbon Treaty being the incorporation of the Charter of Fundamental Rights into the Union’s primary law. The last part of the volume is devoted to another domain significantly reshaped by the Lisbon reform, namely, the Union’s external dimension. ECJ Advocate General Paolo Mengozzi’s conclusions highlight the common themes emerging from the various contributions, stressing the need for a more general supranational approach to the political crisis the Union is going through. The content of this book will be of great value to academics, students, judges, practitioners and all others interested in the legal discourse on the progressive development of the European Union legal order.
