23. Conclusion

This chapter addresses the question of whether it is legally possible to entrench legislation in a way that safeguards it from repeal by the traditional ‘simple majority in Commons and Lords plus Royal Assent’ formula; and, if so, under what political circumstances it might legitimately be employed. It argues that the Blair government’s commitment to establishing a pluralist political culture is head and shoulders above any of their twentieth-century predecessors. This is most evident in its devolution legislation as well as in its embrace of the European Convention on Human Rights and Fundamental Freedoms and the provisions of the Amsterdam Treaty. The same observation may be made about the Blair government’s promotion of the Constitutional Reform Act 2005. Yet these initiatives, desirable though they may be, can hardly be seen as engineering a constituent reformation of the political system.

Intergovernmental Conference: Three Case Studies of EC/EU Institution Building

Intergovernmental conference (IGC) within the European integration context is a vehicle for institutional change. Based on the majority decision in the Council, the representatives of member states’ governments convene to debate proposals for amendments to the founding treaties of the European Union (EU) and make decisions on the agreed changes, which are then subject to the ratification process in the member countries according to their constitutional requirements. This procedure was used for almost all treaty revisions until the Treaty of Lisbon in 2007 changed the rules. An ordinary revision procedure was introduced that assumes a role for the Convention to draft changes to the treaties, while keeping the IGC as a next step in the process. A simplified revision procedure was introduced for making adjustments to the internal policies and actions of the EU according to the Treaty on the Functioning of the EU, thus replacing the IGC by a unanimous decision of the European Council. The Merger Treaty of 1965, the Single European Act in 1986, and the Amsterdam Treaty in 1997 represent distinct steps in shaping the perception of the role of the IGC as an institution in the political process within the European Communities and the EU.

Legislative and Judicial Politics of LGBT Rights in the European Union

Since the 1980s, the law of the European Union (EU) has become a substantial transnational source of political empowerment for LGBT actors in Europe. The Rome Treaty (1957), which established the European Economic Community, contained a gender equality clause. In the 1990s, this provision was used to protect employment rights of intersex individuals via litigation schemes based on EU law. Yet the subsequent attempts to push forward a similar legal protection for gay and lesbian equality at the Court of Justice of the European Union (CJEU), based on the EU sex-equality clause, failed. Since then, the position of the LGBT community in EU legislative politics has evolved significantly through two dimensions. First, the Amsterdam Treaty (1997) extended the number of grounds protected against discrimination in EU law, adding sexual orientation, among others, to this palette. The Amsterdam Treaty permitted the EU Council to adopt the Framework Equality Directive 2000/78/EC, an instrument of secondary Union law that has safeguarded minimum standards of protection against homophobia in relation to matters of employment in all member states. This framework EU legislation has been used by LGBT litigants in their fight for equal working opportunities and pension rights at the CJEU. Second, the introduction of EU citizenship by virtue of the Maastricht Treaty (1992) and the respective secondary law (the EU Citizenship Directive 2004/38/EC) have paved the way for status recognition of same-sex spouses in the member states that have not previously recognized same-sex partnership or marriage. The future of LGBT legislative politics and the LGBT community in Europe will largely depend on whether EU law is able to extend protection beyond the current confines of the employment area, broaden its scope to cover social dimensions such as health and education, and fully recognize same-sex marriages and partnerships throughout the EU.

The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period

The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.

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

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’?

10. From Amsterdam to Lisbon (2000–09)

This chapter examines the new strategy adopted in March 2000 by a special European Council in Lisbon to make the European Union (EU) more competitive, culminating in the signing of the Treaty of Lisbon. The Amsterdam Treaty had scarcely entered into force before further Treaty reform emerged on the agenda. Throughout the year 2000, a new intergovernmental conference met to address outstanding institutional issues that had not been settled at Amsterdam. It concluded in December 2000 with the longest European Council in history, which led to the Treaty of Nice. The chapter first considers the Nice Treaty, before discussing the Lisbon Strategy, the European Security and Defence Policy, the Constitutional Treaty, the issue of enlargement, the European Parliament (EP), and the nomination of a new European Commission. It ends with a discussion of the Treaty of Lisbon.

The 20 years anniversary of the Tampere programme: Securitization, intergovernmentalism and informalization

The end of 2019 coincided with two anniversaries with profound implications for EU Justice and Home Affairs (JHA) cooperation. First, it has been 20 years since the adoption of the Tampere Programme under the Finnish Presidency of the EU (October 1999). Following the entry into force of the Amsterdam Treaty, the European Council provided for the first time a multi-annual EU policy agenda for the progressive creation of an Area of Freedom, Security and Justice (AFSJ). Second, it has been 10 years since the entry into force of the Lisbon Treaty (December 2009), and the EU Charter of Fundamental rights becoming legally binding. In light of this background, this Editorial critically examines some of the latest key developments in the EU AFSJ law and policy.

Perspectives of Further Institutional Development of the EU: High Representative of the Union for Foreign Affairs and Security and EU Foreign Policy

Treaty of Lisbon has contributed significantly to the development of the European Union (EU) institutions. It has abolished the EU pillars system and has made crucial changes to the implementation of external policies of the Union. This article tracks the evolution of the post of High Representative of the Union for Foreign Affairs and Security Policy, starting from its introduction by the Amsterdam Treaty, until the reforms introduced by the Treaty of Lisbon, and also analyses the challenges it is facing, on its path to implement its mandate.

22. The Area of Freedom, Security, and Justice

This chapter examines a European policy, Justice and Home Affairs (JHA), and its transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ, one of the newest additions to the European Union mandate, seeks to engage the EU in the areas of immigration and asylum policy as well as police and judicial cooperation. Cooperation in the AFSJ has evolved into a fully fledged and vibrant EU policy. The chapter first considers the early years of cooperation in the AFSJ and the Schengen Agreement before discussing the procedural steps taken by the Maastricht Treaty (1993), Amsterdam Treaty (1999), and Lisbon Treaty. It then turns to policy output, taking into account the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. It concludes with an overview of various challenges specific to AFSJ cooperation, with a particular focus on the EU’s post-2014 migration crisis. cooperation

The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU

Since the European Union (EU) has received powers to adopt legally binding acts in the area of judicial cooperation in criminal matters, the Treaties expressly referred to conflicts of jurisdiction as one of the issues to be tackled. Under the Amsterdam Treaty, the Union could adopt decisions and framework decisions with the aim of ‘preventing conflicts of jurisdiction between Member States’ (ex-​Article 31(d) of the Treaty on European Union (TEU)). The Treaty of Nice (26 February 2001) added the coordination of prosecutions through Eurojust.