On the Charter of Fundamental Rights of the European Union and the EU accession to the European Convention on Human Rights

After a short presentation of the Charter of Fundamental Rights and its features, the paper is focused on the European Union?s accession to the European Convention of Human Rights. As part of the Treaty of Lisbon implementation, this process is not an easy one. The author intends to identify and raise questions on this process, and to emphasise some technical and procedural difficulties, by comparing the two main European human rights systems. Europe has to face many changes and challenges: the recent entry into force of the Treaty of Lisbon, the “new status” of the Charter of fundamental rights (as a legally binding instrument) and the beginning of the process of EU?s accession to the European Convention of Human Rights. This paper is intended to point out some aspects of this new era of the European construction.human rights, European human rights law, accession, Treaty of Lisbon, European Convention

Competing Concepts of Subsidiarity in the Early Warning Mechanism

The essay aims at analysing how the relationship between parliaments in the European Union (EU) – the European, the national and the regional parliaments – are shaped after the coming into force of the Treaty of Lisbon and how the early warning mechanism can contribute to promoting their participation in the EU decision-making. Indeed, the control of compliance of draft legislative acts with the principle of subsidiarity appears as a key-element for enhancing the parliamentary involvement in EU affairs, as it is the opportunity to develop new institutional mechanisms, like the 'political dialogue', in spite of the political nature and function of this control. This essay is based on Neil MacCormick’s theory on the subsidiarity principle and, in particular, on the assumptions that what is called 'democratic deficit' in the EU is in reality a 'subsidiarity deficit'. Here it is argued that the 'subsidiarity deficit' can be contrasted by the early warning mechanism introduced by the Treaty of Lisbon and by the cooperation among the Parliaments of the EU.The essay aims at analysing how the relationship between parliaments in the European Union (EU) – the European, the national and the regional parliaments – are shaped after the coming into force of the Treaty of Lisbon and how the early warning mechanism can contribute to promoting their participation in the EU decision-making. Indeed, the control of compliance of draft legislative acts with the principle of subsidiarity appears as a key-element for enhancing the parliamentary involvement in EU affairs, as it is the opportunity to develop new institutional mechanisms, like the 'political dialogue', in spite of the political nature and function of this control. This essay is based on Neil MacCormick’s theory on the subsidiarity principle and, in particular, on the assumptions that what is called 'democratic deficit' in the EU is in reality a 'subsidiarity deficit'. Here it is argued that the 'subsidiarity deficit' can be contrasted by the early warning mechanism introduced by the Treaty of Lisbon and by the cooperation among the Parliaments of the EU.Refereed Working Papers / of international relevanc

The European Union act 2011: a failed statute

If there was one area in which the two coalition parties needed to produce a workable agreement as a matter of priority after the May 2010 election, it was the European Union. The European Union Act (EUA) 2011 builds on a political guarantee in the coalition agreement that there will be no transfers of sovereign powers until the next election (in 2015). That undertaking was intended to pacify the Europhobic wing of the Conservative party that had demanded but failed to get a national referendum on the hated Lisbon Treaty. As a result, the EUA contains all sorts of compromises: it delivers a referendum requirement, but not on the Lisbon Treaty; it affirms that the source of the validity of EU law is a domestic statute, but without mentioning the sovereignty of Parliament; it introduces constitutional safeguards, but without entrenching them against repeal by a future Parliament. Unfortunately, the EUA does not reflect the politics of compromise in a consensus democracy: it reflects dissent between the governing parties and within the Conservative party and, in most respects, is a compromised and failed statute

Road Leading Georgia to the European Union Membership

This article describes the political activities and political situation of Georgia after the collapse of Soviet Union; the article analyses the following issues: Why Georgia is willing to join European Union; why this prominent organization attracts the attention of most developed countries. The article researches the mutual interests of EU and Georgia. It emphasizes the importance of political reforms and goals that the new government of Georgia carried out after the "Rose Revolution" and how EU supported the new reforms in the country; The article displays European Union's political position and support of Georgia during 2008 August war; it analyses the reasons of different reactions and political viewpoints by the countries of EU related to the War. The article, also, examines the main points and principles of "Maastricht Treaty", "Lisbon Treaty" "Copenhagen Criteria". Obviously, almost every European country is willing to become the part of Union. The special requirements are offered by EU to the candidate countries to be satisfied. Here are discussed main criteria of joining European Union, how Georgia satisfies these criteria and whether Georgia is near to the EU integration or the goal of joining EU is still quite far away

Influence of EU common energy policy on Lithuania’s energy security after the treaty of Lisbon

The Treaty of Lisbon brought many innovations into the European Union’s agenda, one of which is related to energy policies. The treaty came into force in 2009; until now there has been no evaluation of its practical implementation, especially concerning those member states that are particularly sensitive to all the changes that take place in the energy sector. The thesis “INFLUENCE OF EU COMMON ENERGY POLICY ON LITHUANIA’S ENERGY SECURITY AFTER THE TREATY OF LISBON” analyses the influence of post-Lisbon European Union common energy policies on Lithuania’s energy security. Using Rational Choice Institutionalism as a theoretical approach, the evaluation of the implementation of EU energy policies is done looking at how it minimizes energy security risks in its member state. The Traffic Light Model is used to produce the necessary classification of risks. The research is carried out using secondary data resources, document analysis and expert interviews. It can be observed that post-Lisbon policies have had a positive influence on Lithuania’s energy security; even the policies that are imposed by the Union are in accordance with Lithuania’s objectives. However, the result would be more tangible if Lithuania managed to take advantage of all the opportunities presented by the EU.http://tartu.ester.ee/record=b2656995~S

Article 22 TEU and the Unnoticed Resurrection of the Failed Common Strategies

The old common strategies instrument was introduced by the Treaty of Amsterdam in order to improve the coherence and effectiveness of EU external action. However, shortly after its introduction the instrument suffered an inglorious demise because it failed to provide any added value. It is therefore surprising that the Lisbon Treaty, rather unnoticed, holds on to this instrument in Article 22 of the Treaty on European Union (TEU). Yet, rather than a relic of the past, this move represents a deliberate endeavor to tackle the shortcomings of its predecessor. Despite its significant potential in the new external action constellation, Article 22 TEU has however not yet been used in practice, suggesting that its innovative constitutional design did in fact not reply to any pressing political needs

Ugovor iz Lisabona – institucionalna reforma Evropske unije

The paper deals with the Treaty signed at the European Council conference in Lisbon on 13th of December 2007. This reform Treaty, representing the consensus of twenty seven member states, introduces modifcations both to the Treaty on European Union and the Treaty establishing the European Community. The solutions proposed by the Lisbon Treaty are mostly taken from the Treaty establishing a Constitution for Europe. After introductory notes with regard to the ratifcation procedures adopted by each member state, the author analyses the reasons for the EU reform. During the last decade, the European Union is facing challenges such as: enlargement of the European Union, democratisation of the functioning of EU institutions and strengtening of the EU external position. In the frst part of the paper, the author analyses the articles of the Lisbon Treaty devoted to the adjustment of the institutional functioning to the EU enlargement such as: distribution of electoral mandates in EU Parliament, composition of EU Commission and new voting rule at the Council of Ministers to facilitate the decision making. The second part of the paper is dedicated to the democratization of European Union which should be reached by strenghtening of the role played by the Europen Parliament, raising the transparence of the functioning of the institutions, increasing the role of the national parliaments and creating the right of citizens’ initiative. In the third part the author analyses the clauses of the Lisbon Treaty related to the the strenghtening of EU external position which would be achieved by creating the post of High representative of the Union for Foreign Affairs and Security Policy who becomes also the Commission’s Vice-President, providing EU with a legal status and progressing towards a European Defence Policy. Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of the EU reform in order to adapt the EU functioning to the modifed circumstances on the internal and international level as well.Rad je posvećen Ugovoru potpisanom na konferenciji u Lisabonu 13. decembra 2007. godine. Ovim ugovorom, koji predstavlja konsenzus dvadeset sedam država članica Evropske unije, predviđene su izmene i dopune Ugovora o osnivanju Evropske unije i Ugovora o Evropskim zajednicama. Većina odredaba Ugovora iz Lisabona preuzeta je iz Predloga ugovora o Ustavu Evropske unije. Nakon uvodnih napomena o načinima ratifkacije koje su predvidele države članice, autor analizira razloge za institucionalnu reform Evropske unije. Tokom poslednje decenije, Evropska unija suočava se sa političkim izazovima kao što su: porast broja država članica Unije, zahtev za demokratizacijom načina funkcionisanja institucija i neophodnost jačanja položaja Evropske unije na međunarodnom planu. U prvom delu rada autor analizira odredbe Ugovora iz Lisabona kojima se način rada institucija usklađuje sa povećanjem broja država članica. Odredbe se odnose na preraspodelu mandata u Evropskom parlamentu, sastav Komisije i izmenjeni način donošenja odluka u Savetu ministara. Drugi deo rada posvećen je demokratizaciji Evropske unije koja se postiže povećanjem ovlašćenja Evropskog parlamenta, transparentnošću rada institucija, jačanjem uloge nacionalnih parlamenata i uvođenjem prava inicijative za evropske građane. U trećem delu rada autor ispituje novine predložene Ugovorom koje se odnose na položaj Evropske unije kao aktera na međunarodnoj sceni. Ugovorom iz Lisabona predviđeno je sjedinjenje funkcije Visokog predstavnika Evropske unije za spoljnu politiku i bezbednost sa funkcijom potpredsednika Evropske komisije, priznanje svojstva pravnog lica Evropskoj uniji i začeci Zajedničke evropske odbrambene politike. U okviru zaključnih razmatranja, autor sumira izneta zapažanja i ističe neophodnost reforme kako bi Evropska unija, uprkos izmenjenoj situaciji, na unutrašnjem i na međunarodnom planu, mogla da nastavi da funkcioniše

Reflections on the institutional balance, the Community Method and the interplay between jurisdictions after Lisbon. Research Papers in Law, 04/2012

[Introduction.] Over the last two years, not only inside but also outside the framework of the EU treaties, far reaching measures have been taken at the highest political level in order to address the financial and economic crisis in Europe and in particular the sovereign debt crisis in the Euro area. This has triggered debates forecasting the “renationalisation of European politics.” Herman Van Rompuy, the President of the European Council, countered the prediction that Europe is doomed because of such a renationalisation: “If national politics have a prominent place in our Union, why would this not strengthen it?” He took the view that not a renationalisation of European politics was at stake, but an Europeanization of national politics emphasising that post war Europe was never developed in contradiction with nation states.1 Indeed, the European project is based on a mobilisation of bundled, national forces which are of vital importance to a democratically structured and robust Union that is capable of acting in a globalised world. To that end, the Treaty of Lisbon created a legal basis. The new legal framework redefines the balance between the Union institutions and confirms the central role of the Community method in the EU legislative and judiciary process. This contribution critically discusses the development of the EU's institutional balance after the entry into force of the Treaty of Lisbon, with a particular emphasis on the use of the Community Method and the current interplay between national constitutional courts and the Court of Justice. This interplay has to date been characterised by suspicion and mistrust, rather than by a genuine dialogue between the pertinent judicial actors

The European Union's Reform Process: The Lisbon Treaty

In December 2007, leaders of the European Union (EU) signed the Lisbon Treaty, which seeks to reform the EU's governing institutions and decisionmaking processes to enable a larger EU to operate more effectively. This new treaty represents the latest stage in a reform process begun in 2002 and essentially replaces the proposed EU "constitution" that foundered after French and Dutch voters rejected it in referendums in 2005. In June 2008, Irish voters rejected the Lisbon Treaty, and have thrown its future into doubt. This report provides background information on EU reform efforts and possible implications for U.S.-EU relations that may be of interest in the second session of the 110th Congress

The European Union and the Citizens of Europe

[extract] The relationship between the European Union and the citizens of Europe has been a constant matter of debate since the failure of the European Constitutional Treaty after the referendums in France and the Netherlands. The national referendum on the suggestions of the European Union concerning the Greek crisis, launched by the former Greek Prime Minister Alexis Tsipras and the discussion of Great Britain’s possible withdrawal from the EU (“Brexit”) have shown that this relationship remains a crucial issue for the European Union, even or maybe especially in times of crisis. Since the failure of the Constitutional Treaty the EU has become more aware of the central role of the citizens of Europe for the success of the European Union. The sometimes sceptically termed “elite driven project” EU therefore has put a lot of effort in the so called “Europe of the citizens”, trying to enhance civic participation at EU level. These efforts are part of a wider discussion concerning the so called “democratic deficit” of the EU. With the last comprehensive Reform Treaty of the EU, the Treaty of Lisbon (2009), which could only come into force after the second and then positive referendum of the Irish people, the member states have tried again to redress the “democratic deficit” of the EU. One of the major improvements for the democratic legitimacy of the EU has again been – as in every EU Reform Treaty – the increase of power for the European Parliament. Besides new rules concerning the election of the European Parliament and rules to strenghten the role of national parliaments in the EU, the member states have also created a new participatory opportunity for European citizens, the European Citizens’ Initiative in article 11 para. 4 TEU. With the European Citizens’ Initiative the European Union gives the European citizens (consisting of a minimum number from at least 7 of the 28 member states) a tool to suggest a legislative act to the Commission.The Citizens’ Initiative constitutes the first attempt to introduce an element of direct democracy in the European Union and it also represents the first attempt worldwide to introduce direct democracy into an international organization. The paper wants to adress the relationship between Europe and the European citizens from different perspectives. The first chapter shall deal with the structure of the European Union as an international organization and shall pose the question how democracy as a principle fits into that structure (I.). The chapter shall also describe the various forms of democratic elements in the European Union. The second chapter is supposed to sketch the “European citizen” as an idea of the European Union taking up the citizenship of the European Union (II.). The third chapter is dedicated to scrutinizing the participatory possibilities for European citizens (III.). In that context I also want to display some data how the new European Citizens’ Initiative has been working practically so far. The summary will be able to shed some light on the relationship between Europe and the European citizen (IV.).