Reconciling market with Social Europe? The EU under the Lisbon Treaty

Author(s):  
Ulrike Liebert
Keyword(s):  
The Eu ◽  
2009 ◽  
Vol 5 (3) ◽  
pp. 391-406 ◽  
Author(s):  
Roland Bieber

German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution – Continuing sovereignty of member states under the EU Treaty – Extended constitutional limits to European integration (‘eternity clause’) under German Constitution, but these are not violated by Lisbon Treaty – Composition of European Parliament does not satisfy fundamental requirement of democracy but does not violate German Constitution since EU is not a state – Critical assessment of conceptual foundations of decision


2017 ◽  
Vol 11 (1) ◽  
pp. 7-15
Author(s):  
Mihaela Pătrăuș ◽  
Darius-Dennis Pătrăuș

The Lisbon Treaty in order to strengthen the EU's capacity to decide, to act and to ensure the legitimacy of decisions taken at the same time, reformed the decision-making process of the EU, particularly by changing the legislative procedures in force.Among the novelties of the Lisbon Treaty, we must mention the passerelle clauses, which according to the ordinary legislative procedure will be generalized, under certain conditions, in areas which were initially outside its scope.The treaty nominates two types of passerelle clauses: the general passerelle clause which applies to all European policies and the enabling of this clause will be authorized by a decision of the European Council, acting unanimously; the passerelle clauses specific to certain European policies (MFF, Common Security and Defence Policy, judicial cooperation regarding the family rights- this specific clause is the only one explaining which national parliaments keep their right to oppose; cooperation is strengthened in the areas governed by unanimity or by a special legislative procedure, social affairs, environmental ).The flexibility introduced through a significant number of passerelle clauses in the Lisbon Treaty allows adjustment of the EU quickly and efficiently, depending on punctual developments, without neglecting the guarantees on the sovereignty of member states.


2011 ◽  
pp. 147-165 ◽  
Author(s):  
Johann-Christian Pielow ◽  
Britta Janina Lewendel

Author(s):  
Maria Tzanou

This chapter provides an analysis of the data protection rules in EU law, focusing on the constitutional and legal developments after the entry into force of the Lisbon Treaty. It examines the jurisprudence of the Court of Justice of the EU on data protection issues, including the recent decisions of the Court on metadata retention and the new right to be forgotten. It concludes with a critical comment on the possibilities and limitations of the EU to provide for effective and comprehensive data protection.


Author(s):  
Paul Craig

The discussion thus far has focused on centralized and shared administration as ways in which EU policy is delivered. This chapter focuses on Comitology and the making of secondary norms, which normally take the form of rules. This cuts across the previous analysis, in the sense that rulemaking is a feature of both direct and shared administration. The structure of the discussion is as follows. It begins with analysis of the problem presented by rulemaking, and the necessity for any polity, including the EU, to administer an area through secondary norms of a legislative nature. This is followed by an historical overview of rulemaking in the EU and the role of Comitology therein. The focus then shifts to detailed evaluation of the approach to rulemaking in the Lisbon Treaty.


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