scholarly journals Fikcyjny Traktat Lizboński

2018 ◽  
pp. 41-52
Author(s):  
Adam Jaskulski
Keyword(s):  
European Union ◽  
Political System ◽  
Point Of View ◽  
Lisbon Treaty ◽  
Political Practice ◽  
Treaty Of Lisbon ◽  
European Project ◽  
The Eu ◽  
Great Development

From the point of view of many European politicians, the Treaty of Lisbon should enable great development in the functioning of European Union. However, having analyzed the amendments introduced by this Treaty, one has to admit that either most of the changes had already functioned in the EU political system before December 2009, as political practice, or the changes have no major impact on EU. Therefore, a question should be posed why Lisbon Treaty was such an important issue for politicians that they wanted to ratify it despite the ‘no’ voting in Ireland. The only reasonable cause that could lead politicians to such a move is the fact that integration is still a vital process for the existence of EU. Another failure of treaty amendments could be seen as the end of the European project.

scholarly journals Conclusions: What future for the Treaty of Lisbon?

2021 ◽  
Vol 58 (1) ◽  
pp. e72661
Author(s):  
Ariadna Ripoll
Keyword(s):  
European Union ◽  
Political System ◽  
Window Of Opportunity ◽  
The European Union ◽  
Special Issue ◽  
Political Union ◽  
Treaty Of Lisbon ◽  
Institutional Structures ◽  
Normative Issues ◽  
The Eu

This conclusion to the special issue reflects on the evolution of European integration since the early 1990s in order to better understand the contested origins of the Treaty of Lisbon and the consequences the latter have had for the EU’s political system. It considers the various contributions of the special issue and shows how the Treaty emerged in an era of shifting cleavages, disputed steps towards a more political Union and rising populism. This legacy has led to more polarisation and politicisation – a phenomenon that the Treaty of Lisbon struggles to encapsulate and conciliate with the culture of consensus and compromise inherent to its institutional structures. As a result, we observe a bias towards policy stability – and even failure – that affects the legitimacy and democratic standards of the European Union. In a context of polycrisis, the difficulty to find compromises – especially in highly normative issues – leads to the de-politicisation of the EU and reinforces the gap between EU institutions and its citizens. The COVID-19 pandemic is a window of opportunity for the EU, in which to choose between integration and disintegration; between values and inaction.

3. From the Constitutional Treaty to the Treaty of Lisbon and Beyond

2016 ◽  
Author(s):  
Clive Church ◽  
David Phinnemore
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
European Council ◽  
Institutional Framework ◽  
Economic Governance ◽  
Constitutional Treaty ◽  
Treaty Of Lisbon ◽  
Treaty Reform ◽  
The Eu

This chapter examines the origins, evolution, and implementation of the Treaty of Lisbon. It begins by tracing the origins of the Constitutional Treaty (CT) — and in turn the Lisbon Treaty — to the ‘Future of Europe’ debate started by the Nice European Council in 2000 and furthered by the Laeken Declaration that was adopted a year later. It then considers the 2004 Intergovernmental Conference and its attempts to produce a slightly amended text, along with efforts to establish a streamlined and more democratic European Union. It also discusses the key debates in European integration and the rejection of the CT that led to the adoption of the Lisbon Treaty. Finally, it analyses the main elements of the Lisbon Treaty as well as its significance and implementation. The chapter highlights various calls for treaty reform to provide the EU with the necessary competences and improve the institutional framework for economic governance.

Austrian Veto against European Union Membership Negotiations with Turkey

2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska
Keyword(s):  
European Union ◽  
European Commission ◽  
Security Policy ◽  
Negotiation Process ◽  
Point Of View ◽  
The European Union ◽  
Strategic Partner ◽  
Key Factor ◽  
European Standards ◽  
The Eu

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.

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.

TRENDS IN THE FORMATION OF POLAND'S ENERGY POLICY IN THE FUEL AND ENERGY SECTOR OF THE EU COUNTRIES

2021 ◽  
Vol 2 (11) ◽  
pp. 167-173
Author(s):  
Mihail V. Rybin ◽  
◽  
Alexander A. Stepanov ◽  
Nadezhda V. Morozova ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Energy Policy ◽  
Energy Sector ◽  
Green Energy ◽  
Point Of View ◽  
The European Union ◽  
The Russian Federation ◽  
Regional Programs ◽  
The Eu ◽  
Fuel And Energy Sector

The article reveals and analyzes conceptual approaches to the formation of strategic directions of energy policy of the European Union and Poland in the first decades of the XXI century. A critical assess-ment is given from the point of view of international cooperation in the field of energy between the Russian Federation, Poland and the EU as a whole and, in particular, European, national and regional programs for the transformation of the fuel and energy sector in the conditions of decarbonization and transition to green energy.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

scholarly journals Electoral and Mechanical Causes of Divided Government in the European Union

2007 ◽  
Vol 41 (10) ◽  
pp. 1349-1370 ◽  
Author(s):  
Philip Manow ◽  
Holger Döring
Keyword(s):  
European Union ◽  
Political System ◽  
Mechanical Effect ◽  
Democratic Legitimacy ◽  
Divided Government ◽  
The Political ◽  
The European Union ◽  
Government Formation ◽  
European Elections ◽  
The Eu

Voters who participate in elections to the European Parliament (EP) apparently use these elections to punish their domestic governing parties. Many students of the EU therefore claim that the party—political composition of the Parliament should systematically differ from that of the EU Council. This study shows that opposed majorities between council and parliament may have other than simply electoral causes. The logic of domestic government formation works against the representation of more extreme and EU-skeptic parties in the Council, whereas voters in EP elections vote more often for these parties. The different locations of Council and Parliament are therefore caused by two effects: a mechanical effect—relevant for the composition of the Council—when national votes are translated into office and an electoral effect in European elections. The article discusses the implications of this finding for our understanding of the political system of the EU and of its democratic legitimacy.

Direct Complaints of Individuals against Legal Acts Adopted by the European Union

2018 ◽  
pp. 302-327
Author(s):  
Wolfram Cremer
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Legal Systems ◽  
The European Union ◽  
Treaty Of Lisbon

This chapter states that, as opposed to most states, legal systems of different states of the European Union do not regulate the possibility of filing a constitutional complaint or a fundamental rights complaint against the European Union’s sovereign acts. However, individual complaints directly against the European Union’s sovereign acts are regulated in Article 263 para 4 of the Lisbon Treaty, and is complex as well as difficult to comprehend. According to this, a person’s standing especially requires an act to be of ‘direct and individual’ concern to him. Merely the prerequisites for taking legal actions against a ‘regulatory act’ are diminished since the Treaty of Lisbon came into force in 2009. The multifaceted jurisprudence of the union’s jurisdiction regarding this chapter is unfolded, systematized, and evaluated in this contribution.

Judicial Legitimacy in the European Union

2020 ◽  
pp. 125-154
Author(s):  
Jan Komárek
Keyword(s):  
European Union ◽  
Political System ◽  
Dual Role ◽  
Judicial System ◽  
The European Union ◽  
Legal Tradition ◽  
Judicial Interpretation ◽  
Fourth Section ◽  
The Third ◽  
The Eu

The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.

2. Development of the EU

2017 ◽  
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
European Integration ◽  
Global Financial Crisis ◽  
Lisbon Treaty ◽  
European Unity ◽  
Single European Act ◽  
The Global Financial Crisis ◽  
The Impact ◽  
The Eu

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.

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