The Lisbon Treaty: A Legal and Political Analysis

The Lisbon Treaty: A Legal and Political Analysis

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Overview

The Lisbon Treaty: A Legal and Political Analysis by Jean-Claude Piris

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, 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.

Product Details

ISBN-13: 9780521142342
Publisher: Cambridge University Press
Publication date: 08/31/2010
Series: Cambridge Studies in European Law and Policy Series
Edition description: New Edition
Pages: 448
Product dimensions: 6.00(w) x 8.90(h) x 0.90(d)

About the Author

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 to the UN and the former Director of Legal Affairs of the OECD. He was the Legal Advisor of the successive Inter-Governmental Conferences which negotiated and adopted the treaties of Maastricht in 1992, Amsterdam in 1997, Nice in 2001, the Constitutional Treaty signed in Rome in 2004 and, finally, the Treaty of Lisbon in 2007.

Table of Contents

List of boxes xii

Foreword Angela Merkel xiv

Acknowledgements xvi

Table of cases xvii

List of abbreviations xxi

Introduction 1

I The origins and birth of the Lisbon Treaty 7

1 The process that led to the establishment of the European Union 7

2 The 2002-2003 European Convention and the 2004 Constitutional Treaty and its failed ratification 15

3 From the Constitutional Treaty to the Lisbon Treaty 25

4 The difficult ratification of the Lisbon Treaty 49

5 The structure of the Lisbon Treaty 63

II General provisions 71

6 Values and objectives 71

7 Delimitation and clarification of the EU competences 74

8 Basic principles 78

9 The legal personality of the EU 86

10 Variable geometry 89

11 Legislative and non-legislative procedures and Acts 92

12 Procedures for the revision of the Treaties 104

13 Withdrawal of a Member State from the EU 109

III Democracy 112

14 The European Parliament 114

15 The national parliaments 122

16 The citizens' initiative and other possibilities for citizens to influence decisions of the EU 133

17 The judgment of 30 June 2009 of the German Constitutional Court and the issue of the democratic legitimacy of the EU 141

IV Fundamental Rights 146

18 The origins of the EU Charter of Fundamental Rights 146

19 The Charter of Fundamental Rights are referred to in the Lisbon Treaty 148

20 The Protocol on the application of the Charter to Poland and the United Kingdom 160

21 The accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms 163

V Freedom, Security and Justice 167

22 A short history of Justice and Home Affairs in the EU 167

23 The abolition of the third pillar and the other changes made by the Lisbon Treaty 177

24 Variable geometry in the Area of Freedom, Security and Justice 192

VI Institutions 204

25 The European Council 205

26 The Council 209

27 The Commission 225

28 The Court of Justice 230

29 Changes to other institutions and bodies 234

30 Relations between institutions and the interinstitutional balance 235

VII External affairs 238

31 External affairs before the Lisbon Treaty 238

32 The High Representative of the Union for Foreign Affairs and Security Policy 243

33 The European External Action Service 249

34 The Common Foreign and Security Policy 256

35 Security and Defence 265

36 Other sectors of external affairs, including trade policy 279

VIII Financial, economic, social and other internal affairs 288

37 The EU budget 288

38 European monetary union and the euro zone 301

39 The internal market and free competition 307

40 Social policy 309

41 Services of general interest 313

42 Agriculture, energy, health and other internal affairs 316

Conclusion: the Lisbon Treaty and beyond 324

Appendixes

1 The judgment of 30 June 2009 of the Federal Constitutional Court of Germany on the Lisbon Treaty 341

2 The judgment of 26 November 2008 of the Czech Constitutional Court on the Lisbon Treaty 359

3 List of provisions on a simplified revision procedure and of passerelles 361

4 Existing legal bases switched to the ordinary legislative procedure (codecision) 365

5 New legal bases 369

6 List of Articles in the TEU and in the TFEU which enable the European Council to take decisions having legal effects 379

7 Existing legal bases switched from unanimity to qualified majority voting 383

8 Pre-existing legal bases where unanimity, common accord or consensus continues to apply 386

References 398

Index 404

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