How to Tame the Elusive: Lessons from the Revision of the EU Flexibility Clause

2010 ◽  
Vol 7 (2) ◽  
pp. 343-373 ◽  
Author(s):  
Viljam Engström
Keyword(s):  
European Union ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
History Of ◽  
Basic Purpose ◽  
Treaty Of Rome ◽  
First Time ◽  
The Eu

AbstractThe mechanism established in what has now become Article 352 of the Treaty on the Functioning of the European Union (formerly known as Article 235 and 308) has many names. One of the more common is to refer to the mechanism as the 'flexibility clause'. As the notion indicates, the basic purpose of the mechanism is to provide the European Union with a possibility of (flexibly) adjusting legislative powers to arising needs. Since the very purpose of the flexibility clause is to provide for the exercise of legal powers where none is to be found in the EU Treaties, the clause hereby defines the ultimate reach of EU competence. Remarkably, although use of the clause has often been contentious, the wording of the clause has remained unchanged ever since the Treaty of Rome. The aim of the article is to outline the function and development of the flexibility clause especially in light of the Treaty of Lisbon, which for the first time in the history of the EC/EU rewrites the flexibility clause.

1. The origins of the European Union and EU law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Single European Act ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Treaty Of Rome ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

1. The origins of the European Union and EU law

2019 ◽  
pp. 1-52
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Single European Act ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Treaty Of Rome ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

scholarly journals Czy Brexit przyspieszy rewizję traktatu lizbońskiego i uratuje Unię Europejską?

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 17-43
Author(s):  
Józef M. Fiszer
Keyword(s):  
European Union ◽  
European Integration ◽  
Turning Point ◽  
International Order ◽  
Accurate Diagnosis ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
History Of ◽  
Modernization Process ◽  
The Eu

Does Brexit Previously Revise the Lisbon Treaty and Rescue European Union?There is no doubt that Brexit is an unprecedented event in the history of European integration and in the history of the European Union (EU). It will certainly be a turning point not only in the history of the EU, but also in Europe, and will have an impact on their place and role in the new, emerging international order. Today it is very difficult to present an accurate diagnosis, and even more, difficult to predict the future of the EU, Europe, and the whole world after Brexit. The purpose of this article is an attempt to answer a few questions, especially on the question contained in its title and to present the opportunities and threat for the European Union after Brexit. In addition, the author is trying to answer the question whether, at all, today, nine years after the entry into force of the Treaty of Lisbon, its revision is needed? Does the EU really need a new treaty? Currently, opinions on this subject are divided among researchers and experts. Many also are afraid that Brexit will be the beginning of the end of the Union, that it will lead to the so‑called diversified integration and then to its disintegration. Others believe that the Brexit may become an accelerator of the European Union’s modernization process, which will, however, require the adoption of a new revision treaty.

scholarly journals Brexit: Consequences and Prospects (in The Context of Building New Britain-Ukraine-Eu Relations)

2020 ◽  
pp. 47-61
Author(s):  
Oleksandra Hissа-Ivanovych ◽  
Yana Kybich
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
European Continent ◽  
The United Kingdom ◽  
History Of ◽  
First Time ◽  
New Britain ◽  
The Eu

Britain’s withdrawal from the European Union is an extraordinary event in the history of the EU and the European continent as a whole. For the first time since the Union’s existence, one of the member states is leaving it. Of course, this situation has caused a significant resonance in the world community, because the question of the consequences that may arise as a result of such an event has become acute. It is clear that Brexit will not only provoke changes in the economic, political and cultural spheres of the relations between the United Kingdom and the European Union, but may also affect relations with third countries, including Ukraine. This article examines the possible effects of Brexit on the further development of the United Kingdom, on the future of the EU in the context of growing Euroscepticism among member states, and on Britain’s and the European Union’s relations with Ukraine as a country that has clearly declared its pro-European position, and strives to become part of the EU by all means.

1. From EEC to EU: a brief history of the development of the Union

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
European Economic Community ◽  
Maastricht Treaty ◽  
The European Union ◽  
European Economic ◽  
Amsterdam Treaty ◽  
Single European Act ◽  
History Of ◽  
Treaty Of Rome ◽  
The Eu

This chapter, which traces the chronological history of the development of the European Economic Community (EEC) into the European Union (EU), explains that the EEC was created by the Treaty of Rome (ToR) in 1957 and discusses Treaties which amended the ToR and led to the development of the EU. These include the Single European Act in 1987, the Maastricht Treaty in 1993, the Amsterdam Treaty in 1999, the Nice Treaty in 2003 and the Lisbon Treaty in 2009. The chapter also describes the nature of the EU and theories explaining the development of the scope of its activities.

scholarly journals The European Union After the Rome Declaration: A New Opening or a New Euro-pessimism?

2020 ◽  
Vol 3 (1) ◽  
pp. 157-164
Author(s):  
Łukasz D. Wróblewski
Keyword(s):  
European Union ◽  
European Integration ◽  
Research Method ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Treaty Of Rome ◽  
The Subject ◽  
Eu Studies ◽  
The Eu

AbstractThe European Union has been a rare feat achieved by the continent’s societies. Today, almost 15 years since its biggest enlargement and 10 years since the signing of the Treaty of Lisbon, Europe is facing unprecedented challenges, both globally and internally. It long seemed that the way to take on the challenges of the changing world was through united diversity—a stance that is no longer a given. Adopted on the 60th anniversary of the Treaty of Rome, the Rome Declaration was supposed to address the greatest challenges lying ahead of the EU and its member states.Based on an analysis of the Rome Declaration in the light of the Treaty of Lisbon, this paper outlines the biggest threats and possible scenarios of the European integration process. The ruminations below indicate that the declaration signed by the leaders of the 27 member states by and large successfully determined the key problems of European integration. However, contrary to the appearances, it fails to address them in substance. The overriding research method adopted in this study was a critical analysis of the subject literature, as well as EU studies and documents.

1. Origins, institutions, and sources of law

2020 ◽  
pp. 1-21
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
European Community ◽  
Security Policy ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
European Economic ◽  
Foreign And Security Policy ◽  
Treaty Of Rome ◽  
Article 50 ◽  
The Eu

This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 (Brexit).

scholarly journals 1. From EEC to EU: a brief history of the development of the Union

2020 ◽  
pp. 3-23
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Maastricht Treaty ◽  
Multilevel Governance ◽  
The European Union ◽  
European Economic ◽  
Amsterdam Treaty ◽  
Single European Act ◽  
History Of ◽  
Treaty Of Rome ◽  
The Eu

This chapter, which traces the chronological history of the development of the European Economic Community (EEC) into the European Union (EU), explains that the EEC was created by the Treaty of Rome (ToR) in 1957 and discusses Treaties which amended the ToR and led to the development of the EU. These include the Single European Act in 1987, the Maastricht Treaty in 1993, the Amsterdam Treaty in 1999, the Nice Treaty in 2003 and the Lisbon Treaty in 2009. The chapter also describes the nature of the EU and theories explaining the development of the scope of its activities. It summarises the history of the EU, including enlargement, debates over democracy, and the Brexit process, and explains the nature of the EU: supranational, intergovernmental or a form of ‘multilevel governance’?

scholarly journals Znaczenie europejskiej inicjatywy obywatelskiej w kontekście deficytu demokracji w Unii Europejskiej

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 107-120
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
Democratic Legitimacy ◽  
Democratic Deficit ◽  
Eu Law ◽  
The European Union ◽  
Important Data ◽  
Treaty Of Lisbon ◽  
First Time ◽  
The Eu

The Importance of the European Citizens’ Initiative in the Context of Democratic Deficit in the European UnionOne of the instruments introduced into EU law on the basis of the Treaty of Lisbon for the first time, aimed at strengthening the democratic legitimacy of the functioning of the EU, is the European citizens’ initiative (ECI). The regulation on the ECI was adopted and entered into force in 2011 and started to apply from 1 April 2012. It seems, that almost six years of the functioning of the ECI is a sufficient period of time to try to assess its meaning to strengthen the democratic legitimacy of the functioning of the EU. The main aim of the study is to answer the question: whether, taking into account the experiences of the ECI, the European citizens’ initiative contributed to reducing the democratic deficit in the EU and thus to strengthening the legitimization of the European Union institutions and the EU as a whole. The article indicates the objectives of the ECI, which would allow to reduce the democratic deficit in the EU and strengthen the legitimacy of this organization. The most important data illustrating the functioning of the EIO were also presented. The next part of the article is the analysis and assessment of the importance of the ECI in reducing the democracy deficit and strengthening the legitimacy of the EU. The conclusions are included in the summary.

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

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