...Curs 2 The Treaty of Lisbon The treaty was signed by the heads of states of government of the 27 member states in Lisbon on the 13.12.2007. It has entered into force on 1.12.2009 after being ratified by all member states. It amends the treaty on the EU and the European Community’s treaty without replacing them. The EC treaty is renamed “The treaty of the functioning of the EU”. According to the provisions of the Lisbon Treaty, the EU replaces and succeeds the community. Therefore, the following terms will no longer be used: European Community, European communities or community law. Reference will be made only to the EU and the EU law. Following the treaty of Lisbon, the articles within the treaty on EU and the EC treaty, now the treaty on the functioning of the EU, are renumbered as part of the simplification process. According to the amendments brought by the Lisbon Treaty, the EU has legal personality, and therefore it has the capacity to enter into international treaties and agreements on behalf of the member states. In addition, the 3 pillars of the EU provided by the Treaty of Maastricht are now merged, but special procedures are still maintained in the field of foreign policy, security and defense. However, reference will no longer be made to the 3 pillars of the EU. The main reforms introduced by the Treaty are as follows: * More powerful role for the EU parliament, within the European legislative process * A greater involvement of the national parliaments...
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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...
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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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...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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...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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...Together and apart: the EU since Maastricht In 1946, out of the devastation of post-war Western Europe, Sir Winston 1 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...
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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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...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 interests. Key EU institutions include the European Council, composed of EU Heads of State or Government, which acts as the...
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...RIGA GRADUATE SCHOOL OF LAW THE IMPLEMENTATION OF INTERNATIONAL STATE RESPONSIBILITY NATIONAL SPACE LEGISLATION IN THE EU (title) INTO MASTER’S THESIS AUTHOR: DMYTRO CHYBISOV LL.M 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...
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...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 candidacy process, since it forms a part of the Copenhagen Criteria and EU legislation. The jurisprudence...
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...and the Court. It should be noted that in each part of the paper we will bring arguments and various examples to develop a structured and complete answer. 2- The Court of Justice through time The European Court of Justice (Court of Justice under the Treaty of Lisbon ) was created in 1951 as the judicial body of the European Coal and Steel Community. It is based in Luxembourg and is composed of 27 judges, one from each Member State. They are appointed by their Member States for a renewable period of 6 years. The judges are assisted by eight Advocates-General whose main task is to deliver legal opinions. At the beginning the Court of Justice had only three limited functions: • To ensure the administrative compliance of the Member States with the rules of the treaties, • To resolve the disputes in case the EU laws are vague, • To keep the Commission and the Council of Ministers from exceeding their authority. Yet, across time it has managed to become from a marginal political actor one of the strongest and influential political and judicial institutions in Europe. According to the Treaty of Lisbon, the Court of Justice “shall ensure that in the interpretation and application of the Treaties the law is observed”. The functions of the Court are as follows: 1. Infringement proceedings...
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...History of the Treaty of Constitution for Europe – TCE: The establishment of a Treaty of Constitution for Europe (TCE) was a treaty attempting to create a solid constitution for the European Union that was unratified. The ideia was replace the current European Union treaties with a Constitution text, with legal force to the Charter of Fundamental Rights and expand Qualified Majority Voting into policy areas. The Treaty was actually signed on October 2004 by representatives of 25 member states and was later ratified by 18 member states. Spain and Luxembourg made referendums that approved the measure. As a consequence of the rejection of the project by France and Netherlands referendums the ratification process was ended. The Lisbon Treaty, that entered into force on 2009, replaced the Constitutional Treaty after some period. A lot of changes that were in the Constitutional text were add in the existing treaties as amendments. Inicial steps: The new debates on the future of Europe bagan at the Laeken European Council 2001, when former French President proposed to draft a Constitution. A European Convention was founded, chaired by the same former French President Valéry Giscard d'Estaing and composed of two Members of Parliament (generally one from the governing majority and one from the opposition) of each Member State, 16 MEPs, 2 members of the European Commission and a representative from each government. Then, the President of the European Commission backed...
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...2 II. Motivation to have an EU. 3 III. Diversity in EU: a weakness? 4 1. The premises: coordination between states. 4 2. The premises: The Council of Europe. 4 3. The need for a United Europe. 4 4. Which Europe? 5 IV. The European Political Community. 5 5. More info 5 V. The main theories about European construction 5 6. European Economic Community (EEC) 1958-1985 6 7. The customs union 6 8. Policy coordination & harmonization 6 9. Common policies: 3 areas. 6 10. Permanent, single institutions are created 7 11. European social policy & investments 7 12. Surveillance of EU policies 7 13. Stagnation and euro-pessimism (1973-1985) 7 14. European leaders stop using The Luxembourg compromise. 7 15. What does it show? 7 16. Single European act 8 VI. Furthering European integration 8 17. Customs union without harmonization of norms & standards 8 VII. Maastricht treaty 8 VIII. The EU 4 freedoms 9 18. Free movement of goods 9 19. Free movement of persons 9 IX. Theory and practice of integration 10 20. Political view and gradual political process 10 21. international political developments push Europeans to reinforce cooperation 10 X. The different stages of economic union 12 XI. Treaty of Nice 12 XII. The council of European Union 12 22. Responsibilities 13 XIII. European parliament 13 XIV. Council of Europe 13 XV. Decision making in the EU 18 XVII. Bibliography 19 ...
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...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, the foreign minister of each member state and is chaired by the now permanent president of the European Council, Herman Van Rompuy. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister...
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...The EU in the New World Order (3 Videos) Questions: 1. Who has the power to represent the EU internationally? The president of the European Commission, the high Representative of the Union for Foreign Affairs and Security Policy, the head of delegation of the EU to third countries (e.g. the US),and the president of the European Council. 2. Of which of the following international organisations is the EU a (full) member? The FAO and WTO, two conditions need to be fulfilled: 1) The EU must have the power (as conferred by the Member States in the Treaties) to become a member, 2) the international organization must allow the EU (which is not a state) to become a member. Consult, for instance, Art. 4 of the UN Charter 3. What is the EU in international law? Rights and obligations. It is not a state or is a regional integration organization with a very extensive measeur of international legal personality (at 47 TEU) 4. Who represents Europe in the world, in external affairs and treaty negotiations with 3rd countries or international organizations, High representative of EU for foreign affairs and policy: created by the Lisbon treaty , it is also the vicepresident to the European Comissions. Head of state, Europe is represented by 2 persons: permanent president of European Council and President of the European Commission (more for classical competences of the EUUU). And Rotatic council. World wide diplomatic network of the European Union: EU ambassadors, EU delegations...
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