Cover

THE EUROPEAN UNION AFTER THE TREATY OF LISBON

Title

Copyright

CONTENTS

THE EUROPEAN UNION AFTER THE TREATY OF LISBON

Introduction

1 The institutional development of the EU post-Lisbon: A case of plus ça change . . . ?

1. Introduction

2. Overview of the pre-Lisbon functioning of the Union's institutional framework

3. The TL's institutional reforms: Modest solutions to recurrent problems

3.1. The Union's institutional framework post-Lisbon

3.2. The TL's main institutional changes

3.2.1. The intergovernmental duo: The European Council and the council

3.2.2. European Parliament

3.2.3. European Commission

4. Overall assessment of the post-Lisbon's institutional settlement

4.1. Immediate impact of the TL: A more complex institutional system

4.2. Potential impact of the TL: A more dysfunctional system?

2 Competence after Lisbon: The elusive search for bright lines

1. Introduction

2. Principles governing the division of competence

A. Competence, subsidiarity and proportionality

B. The role of national parliaments in monitoring compliance with subsidiarity and proportionality

3. Types of competence

4. Exclusive competence

A. Meaning and categories

B. Exclusivity arising from express power to conclude an international agreement

C. Exclusivity arising from the need to exercise internal competence

D. Exclusivity arising from the blocking effect of the ERTA doctrine

5. Shared competence

6. Supporting competence

7. The unwritten competence dynamic

8. Dormant EU competence

9. Conclusion

3 The Charter, the ECJ and national courts

1. Charter of fundamental rights

A. Fundamental rights: Origins and development

B. Charter: Genesis and Drafting

2. UK/Poland Protocol and the Charter

A. Protocol: Content

B. Protocol: Political background

C. Protocol: Legal effect

3. Reach of the Charter

A. Union institutions: Verticality and horizontality

(1) Textual argument: Literal and radical interpretation

(2) Normative argument: Choice and tension

(3) Indirect horizontal effect: Textual and normative dimensions

B. Member States: Verticality and horizontality

(1) Implementation: Text and interpretation

(2) Implementation: Scope and application

(3) Implementation: Verticality and horizontality

4. Rights and principles

A. Rights and principles: Rationale for the divide

B. Rights and principles: Nature of the divide

C. Rights and principles: Consequences of the divide

5. ECHR and Charter

A. Approach: Charter rights that correspond to ECHR rights

B. Consequence: Same meaning and scope

6. Judicial review, legitimacy and the Charter

A. Charter: The profile of judicial review

B. Charter: The legitimacy of judicial review

4 Accession of the EU to the ECHR: Who would be responsible in Strasbourg?

1. Introduction

2. Responsibility for violations of the ECHR: The present situation

3. After accession: Who would be responsible in Strasbourg?

A. Member State Action

(1) Solutions on the basis of the present ECHR

(a) The EUs division of competences.

(b) Declaration of competence.

(c) Joint liability.

(d) Joint and several liability.

(e) A solution based on the needs of the applicant.

(2) Solutions involving changes to the ECHR

(a) Preliminary reference to the ECJ.

(b) The co-respondent model.

A. Responsibility for violations found in primary EU law

C. Omissions

(1) Failures to legislate

(a) Competences.

(b) Other solutions.

(2) Primary law

4. Conclusion

5 EU citizenship after Lisbon

1. Introduction

2. (Explicit) EU citizenship rights: Sketching the impact of Lisbon4

A. Citizenship rights and the TEU

B. Part two of the TFEU

3. A broader concept of EU citizenship: Testing the impact of Lisbon

4. The difficult question of implementation

5. Conclusion

6 The law and politics of migration and asylum: The Lisbon Treaty and the EU

1. Introduction

2. Towards a common EU migration and asylum policy – the Tampere Council meeting and its legal and political context

3. Asylum policy between Tampere and Lisbon

Political obstacles to a common European asylum policy

The example of the Reception Conditions Directive

4. Migration policy between Tampere and Lisbon

The Policy Plan on Legal Migration

5. The politics of migration and asylum

The Blue Card debate

6. The Lisbon Treaty

The European Parliament as co-legislator

Two commissioners on civil liberties, justice and home affairs

Reviving the debate after Lisbon

The politics of low-skilled migration – the Seasonal Workers Directive

Reactions from the trade unions

Reactions from business

Reactions from NGOs and the International Organisation for Migration

7. Outlook

Recent policy developments

7 The European Union's common foreign and security policy after Lisbon

1. Introduction

2. Structural changes

3. Institutional changes

4. Common security and defence policy

A. Military capabilities

B. Flexibility

C. The mutual assistance clause

5. Conclusion

8 The European Ombudsman and good administration post-Lisbon

1. Introduction

2. The Treaty of Lisbon: A focus on the Ombudsman's mandate

A. The concept of maladministration

B. Working with the EU institutions to ensure a culture of service

3. The Treaty of Lisbon

A. Greater openness and transparency

B. Public participation, consultation, and dialogue with representative associations and civil society

C. Greater role for national parliaments in the legislative process

4. The Treaty of Lisbon makes good administration a legally enforceable right

A. A legally binding charter of fundamental rights

B. The right to good administration

C. Principles of good administration in the Ombudsman's work

D. The European Code of good administrative behaviour

5. Conclusion

9 European contract law after Lisbon

1. Introduction

2. The emergence of a European contract law

3. The EU's competence for contract law

A. Article 114 TFEU (ex Article 95 TEC)

B. Minimum harmonisation under Article 114

4. Conclusion

10 Competition law in the European Union after the Treaty of Lisbon

I. Introduction

II. Cosmetic and minor changes

III. Changes with potential transformative effects

A. Towards a more 'holistic’ competition law?

B. Competition law and due process: the institutional design of EU competition law enforcement

11 The unexpected revision of the Lisbon Treaty and the establishment of a European stability mechanism

Section I.The amendment of the TFEU

A. The procedure for the adoption of the amendment

B. The analysis of the new provision

a. An intergovernmental mechanism

b. A mechanism for the benefit of the euro-area Member States

c. A mechanism intended in the interest of the stability of the euro-area as a whole and the concept of last resort

d. The strict conditionality (and the question of the interest rate)

e. The flexibility of the permanent ESM

f. The silences of the new Treaty provision

Section II. Key features of the ESM

a. The governance of the ESM

b. The capital structure and the lending capacity

c. The instruments of the ESM

d. The activation of financial assistance and related questions

f. Pricing

g. Private sector involvement

Section III.Some comments on restructuring

Conclusion

INDEX