...The Treaty of Lisbon: An Analysis After more than 50 years of European integration, the Treaty of Lisbon is a new step forward but also a deeply contested concept. This essay begins with an overview of how the new Treaty came about and why it was seen as necessary, followed by an analysis of its new developments structured into four parts. Firstly, it considers how the LT is supposed to increase the EU’s effectiveness through more qualified majority voting, the co-decision procedure and through institutional changes including the creation of new leadingpositions.Secondly,democraticvaluesaremoreclearlydefinedandrolesof theEuropeanand national parliaments are reinforced. Thirdly, the LT has attempted to improve citizen’s rights, for example by the new citizens’ initiatives, as well as by making the Charter of Fundamental Rights legally binding. Fourthly, the LT has introduced several political changes, including more cooperation on the common foreign and security policy and how to combat external threats as a global actor with a single voice. Moreover, this essay considers how the LT differs from the Constitutional Treaty, arguing that although no longer a formal constitution, it does maintain constitutional elements. It then looks at some specific issues; in particular, whether legitimacy, transparency and accountability have been improved, and takes the view that while this is the case to some extent, there remains much room to f urther improve. Finally, it also f ocuses on the...
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...ISSN 1725-2423 Official Journal of the European Union English edition C 306 Volume 50 17 December 2007 Information and Notices Contents Notice No 2007/C 306/01 Page Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AMENDMENTS TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 10 42 FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Article 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
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...and the Lisbon Treaty, Institute of International and European Affairs, Dublin, Ireland, July 2009. As an independent forum, the Institute does not express opinions of its own. The views expressed in its publications are solely the responsibility of the authors. ISBN: 978-1-907079-04-7 EAN: 9781907079047 About the authors Patrick Keatinge is Emeritus Associate Professor of Political Science at Trinity College Dublin and Chairperson of the IIEA working group on ESDP. Ben Tonra is Jean Monnet Professor of European Foreign, Security and Defence Policy at the UCD College of Human Sciences and Project Leader of the IIEA working group on ESDP. Cover photograph © Aidan Crawley, Defence Forces, May 2008 Graphic design, type and layout by Brian Martin European Security and Defence Policy and The Lisbon Treaty © Institute of International and European Affairs 2009 Foreword This briefing paper is another brilliant contribution to the Institute’s background work on issues arising out of the Lisbon Treaty by Professors Ben Tonra and Patrick Keatinge. It describes the reality of European Security and Defence Policy (ESDP), as it has developed over the past six years and explains each of the relevant provisions in the Lisbon Treaty. It puts Ireland’s particular position in ESDP in the context of the recently published guarantees secured by the Irish government at the European Council on 19 June 2009, which will form part of the basis of the referendum on the Lisbon Treaty in the...
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...EU Treaties The European Union is based on the rule of law. This means that every action taken by the EU is founded on treaties that have been approved voluntarily and democratically by all EU member countries. For example, if a policy area is not cited in a treaty, the Commission cannot propose a law in that area. A treaty is a binding agreement between EU member countries. It sets out EU objectives, rules for EU institutions, how decisions are made and the relationship between the EU and its member countries. Treaties are amended to make the EU more efficient and transparent, to prepare for new member countries and to introduce new areas of cooperation – such as the single currency. Under the treaties, EU institutions can adopt legislation, which the member countries then implement. The complete texts of treaties, legislation, case law and legislative proposals can be viewed using the EUR-Lex database of EU law. The main treaties are: Treaty of Lisbon (2009) Purpose: to make the EU more democratic, more efficient and better able to address global problems, such as climate change, with one voice. Main changes: more power for the European Parliament, change of voting procedures in the Council, citizens' initiative, a permanent president of the European Council, a new High Representative for Foreign Affairs, a new EU diplomatic service. The Lisbon treaty clarifies which powers: * belong to the EU * belong to EU member countries * are shared. The Treaty establishing...
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...JCMS 2010 Volume 48 Annual Review pp. 95–118 Institutions and Governance: A New Treaty, a Newly Elected Parliament and a New Commission jcms_2096 95..118 DESMOND DINAN George Mason University Introduction Elections for the European Parliament (EP) and the nomination of a new European Commission made 2009 a particularly important year with regard to European Union institutions and governance. More significant than these five-yearly events, however, was the long-delayed ratification and implementation of the Lisbon Treaty. In June 2009, EU leaders approved a Decision ‘on the concerns of the Irish people on the Treaty of Lisbon’, which they annexed to the European Council conclusions. They also agreed that ‘at the time of the conclusion of the next accession Treaty [. . .] the provisions of the annexed Decision’ would be included ‘in a Protocol to be attached [. . .] to the Treaty on the European Union and the Treaty on the Functioning of the European Union’ (Council, 2009a). The purpose of the promised Protocol was to facilitate a second referendum in Ireland on the Lisbon Treaty and to help ensure a successful outcome. The Irish government soon announced that the referendum would take place on 2 October. The prospect of a favourable result looked bright, thanks to the global economic crisis, which hit Ireland particularly hard. Although ratifying the Treaty would not make a material difference, it would send a positive signal to international investors...
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...Churchill remarked that Europeans needed a “United States of Europe” to facilitate rebuilding and prevent future conflict. Starting in 1951, six nations, less Churchill’s England, began the process of creating a union: a union that would reject Churchill’s idea in part. The founding states would join together, but not as a federation subsuming state sovereignty under a supranational organization; rather, they formed a union of sovereign states. Since 1993, when the Treaty of Maastricht (also known as the Treaty of the European Union (EU)) came into effect, the question over how far the EU will integrate remains. This paper will evaluate the EU integration process in the postMaastricht era with a focus on the failure to pass a constitution in 2005 even though ideas contained in the draft constitution were accepted four years later in the Treaty of Lisbon. It will be argued that the EU members have chosen to curtail supranational organization in favor of protecting state sovereignty. Moving together: the Maastricht Treaty, 1993 The formation of the European Coal and Steel Committee in 1951 preserved each of the six-member state’s ability to have control over its laws and people, or sovereignty. Integrationists, politicians who wanted a federal form of government lost out to nationalists, those who wanted to protect their own states from a federal union. Thus, integration was limited to economic issues for which the states could “achieve limited and specific results” (George, Frantz...
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...crs.gov RS21372 CRS Report for Congress Prepared for Members and Committees of Congress The European Union: Questions and Answers Summary The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The Union is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. Today, the EU is composed of 27 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent. The EU has been built through a series of binding treaties, and over the years, EU member states have sought to harmonize laws and adopt common policies on an increasing number of economic, social, and political issues. EU member states share a customs union, a single market in which goods, people, and capital move freely, a common trade policy, and a common agricultural policy. Seventeen EU member states use a common currency (the euro). In addition, the EU has been developing a Common Foreign and Security Policy (CFSP), which includes a Common Security and Defense Policy (CSDP), and pursuing cooperation in the area of Justice and Home Affairs (JHA) to forge common internal security measures. EU member states work together through common institutions to set policy and to promote their collective...
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...The European Council Introduction The European Council being a body of the European Union. Their duty is developing and implementing the general political guidelines of the European Union and can be considered as the primary political authority when it comes to and international affairs and leading us as a wider community. Like the common phrase “Rome wasn’t built in a day” neither was the council, it was brought about through several meetings dating back as far as 1961. The main reason for the formation of the European Council was to focus on significant challenges which the European Commission or the Council of Ministers had neither the power nor capacity to attend to. The European Council is one of the seven institutes of the European Union (EU) these are: * The European Parliament, * The European Council, * The Council of the European Union(the Council of Ministers), * The European Commission, * The Court of Justice of the European Union, * The European Central Bank, * The Court of Auditors. Not to be confused with the Council of Europe, the European Council works alongside the Council of the European Union. It consists of the heads of state or government and has twenty-seven EU Member states, the Prime Minister, Usually the president is head of both state and government but in some cases head of state doesn’t play a big role in politics and there would be a Prime Minister present, the president of the commission currently Jose Manuel Barroso...
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...It’ll symbolize the new future between German and French people too, in order to stop the war. * Why establishing this community ? To build Europe you need coal and steel, because you built al you need for war. A lot of people were against this community in France and in Germany. The communist were against they idea, because of the American inspiration, and it’s a capitalist idea. DG was opposed to because he doesn’t accept this community because he wants that France become a supranational nation, who controls the community, moreover they’ll become friends with the German. (In 1994, François Mitterrand goes to Verdun in order to symbolize the new Friendship between the 2 states). This proposal becomes the treaty of Paris in 1951. * The treaty of Paris With the Europe of the 6 (France, Germany, Italy, Belgium, Luxembourg and Nederland). So the Uk doesn’t accept this supranational Authority, it’s too early. There are 4 bodies: * The counsul of ministers will take all of the decisions, a minister of each state. * High authority witch is independent; jean Monet was the first president. He controls and checks the system. * Common assembly is like a parlement, it consist in parlement of each states. They can dismiss the government * The European court of justice They have to pay taxes, to the C&S Company. There is a free...
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...History and Development of Political and Legal Institutions of European Union Introduction The European Union is a unique economic and political partnership between 28 European countries that together cover much of the continent, created in the aftermath of the Second World War. The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), formed by the inner six countries in 1951 and 1958, respectively. Through successive enlargements, the Union has grown from the six founding states—Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands—to the current 28. It took around 60 years from the Treaty of Brussels, 1948, to the Treaty of Lisbon, 2009, to get its final form. In 1993, under Maastricht Treaty the name European Economic Community was changed to European Union, which reflects the evolution of an economic union to an organization standardizing system of law to maintain common policies on trade, agriculture, fisheries and regional development. Human dignity, freedom, democracy, equality, the rule of law and respect for human rights: these are the core values of the EU. During the formation and development of European Union the number, structure, cross-link and interdependency of institutions and other bodies increased (Figure 1). In our work we will explain the history and development of political and legal institutions of European Union. Figure 1, Power structure of main political and legal...
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...This thesis examines different legal aspects of the enlargement of the European Union and the relations between the EU and Turkey. As a preliminary remark, it is established that only two articles of the EU-Treaty address the question of enlargement. The first one, article 49 1 states that the applicant country has to respect the principles set out in article 6(1) 2, i.e. liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. In reality, these articles entail a long and complicated process, where the Commission is particularly involved. There is a difference between when an entity can qualify as a European state, a prerequisite for the acceptation of the application, and that a state later on will be accepted as a Member State. This hierarchy will be highlighted and further discussed. Compliance with the Copenhagen Criteria 3 is of vital importance before a state is recognized as a candidate state. However, total compliance does not seem to be necessary. In connection to this, the body of EU-law, the so-called acquis communitaire, is discussed. All new Member States have to implement and comply with the “acquis”. The political trend within the EU is moving towards a constantly deepening cooperation. The European Union of today is more of a political Union than an economical Union, which means that a constantly evolving EU legislation renders accession to the Union increasingly difficult. The issue of human rights is of importance during the...
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...2007/2008 year student student number LLM00703 JANE SMITH________________ (name, surname) TUTOR: Professor____________________ (academic title) DECLARATION OF HONOUR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. (Signed) …………………………………. RIGA, 2008 2 SUMMARY In Part I the general provisions of space treaties and principles of public international law briefly summarized. An overview of “appropriate state”, “launching state” terms and international responsibility and liability issues also discussed there. Part I is supposed to introduce current international legal tools available for the regulation of space activities. It explains what is international space law, why it is important and how does it work. Moreover, certain aspects of legal treatment of governmental and non-governmental entities are comprehensively discussed. The analogy between international space law and maritime law was also reiterated. Part I particularly examines each of three main space treaties and the problematic points arising from their interpretation. The enforcement mechanism is also analyzed. It was the idea to pick up an issue and then to analyze it using the common sense and legal logic with the view to resolve the ambiguity in terminology arising thereof and come to a reasonable solution, if any. The European Community`s endeavors in space related activities as well as its first organizations...
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...original aims of the European Community This paper considers the original aims of the European Economic Community on its formation under the Treaty of Rome 1957 as a background to the transformation of the EEC into the European Community. A discussion of the subsequent development of the EC thereafter forms the main body of this work and the staged development of the EC through subsequent amending treaties provides the focus of the analysis offered. A brief historical survey of the European Economic Community The European Community of 2008 sees its origins in the six member European Economic Community formed by the ratification of the Treaty of Rome in 1957. The signatory member states were France, Germany, Italy and the Benelux states. It is submitted at the outset that the EEC was founded largely on fear. It is hard to appreciate from the perspective of 2008, exactly what motivated the founding fathers of the Treaty of Rome to pursue integration because the world has moved on, but in the 1950s the base motivation was manifest and pressing. The continent of Europe had endured two catastrophic World Wars in the space of one generation. War had ravaged each and every country of Europe, and in particular the founding member states. The architects of the Treaty of Rome, including Italian Prime Minister Antonio Segni, French Foreign Minister Robert Schuman and French civil servant Jean Monnet, while undoubtedly harbouring in the back of their minds lofty notions of improving...
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...European Tourism Law (New policy) Table of contents Introduction I. Tourism in Europe a. Employment and growth i. Factors of growth b. Problems facing tourism ii. New destination iii. Environmental destruction II. Lisbon Treaty III. European Travel commison c. Members d. President e. Activities IV. Renewed European tourism policy. f. Mainstreaming measures affecting tourism iv. Financing g. Promotion of sustainable tourism h. Improving understanding and visibility of tourism V. Conclusion Webliography Appendix Introduction Tourism overview Tourism is a sector that is growing rapidly in European Union is as well a key sector in the European economy. The European Union recognizes the potential of tourism to generate employment and growth. The variety of attractions and quality of its tourism services made of Europe the world leading tourist destination. Tourism is therefore an activity which can play an important role in the economic sector in Europe. The EU tourism industry generates more than 5% of the EU GDP, with about 1,8 million enterprises employing around 5,2% of the total labour force (approximately 9,7 million jobs). When related sectors are taken into account, the estimated contribution of tourism to GDP creation is much higher: tourism indirectly generates more than 10% of the European Union's GDP and provides...
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...Chapter 1: History Richard Baldwin Graduate Institute, Geneva 1 © 2009, Baldwin&Wyplosz, Economics of European Integration, 3rd Edition Early Post War Period • A Climate for Radical Change: – Facts: Death toll The Economic Set-Back: Prewar year when GDP equalled that of 1945 1886 1924 1936 1938 1891 1908 1909 1912 1937 GDP grew during WWII GDP grew during WWII GDP grew during WWII Austria Belgium Denmark Finland France Germany Italy Netherlands Norway Sweden Switzerland UK 525,000 82,750 4,250 79,000 505,750 6,363,000 355,500 250,000 10,250 0 0 325,000 • – Images: 2 Understanding the climate for radical change • Difficult – but essential – to understand how different Europe was in 1940s. 3 © 2009, Baldwin&Wyplosz, Economics of European Integration, 3rd Edition Rome 1944 London 1940 East London, 1940 4 © 2009, Baldwin&Wyplosz, Economics of European Integration, 3rd Edition Rotterdam, 1940 Coutances France, 1944 Ortana Italy, 1943 5 © 2009, Baldwin&Wyplosz, Economics of European Integration, 3rd Edition Reichstag, 1945 Frankfurter Allee, 1945 Belgium 1940 Warsaw 1944 6 © 2009, Baldwin&Wyplosz, Economics of European Integration, 3rd Edition Dec.‟45, Parisians queue outside bakery before the reinstatement of bread rationing 1 January 1946. Jan.‟46, UN Relief & Rehabilitation Admin handouts in Belgium. In 1946, France asks the US for material and financial aid to revive its economy. 7 ...
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