Constitutional developments since the Lisbon Treaty in the area of freedom, security and justice at supranational and national level

In order to evaluate the constitutional developments in the area of freedom, security and justice (AFSJ) of the Lisbon Treaty, this article begins with a tour d'horizon of the new provisions in the field of AFSJ. Their impact on the supranational and national constitutional legal order is discussed, and the differnces with the Treaty of Nice. There is also a review of some European Court of Justice cases interpreting the old Third Pillar instrument and comparing them with the new Lisbon challenges. Article by Alfred Kellermann (Senior EU Legal and Policy Advisor; Visiting Professor in European Law)

The Irish referendum on the Lisbon Treaty

Article which considers whether governments of EU Member States have to comply with loyalty and solidarity obligations deriving from Article 10 EC and Article 11(2) of the EU Treaty. Article by Alfred E. Kellermann published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London

THE IMPACT OF EU ENLARGEMENT ON THE RUSSIAN FEDERATION

EU Enlargement is a consequence of the success story of the creation of the European Communities, as many applicant countries were attracted to the new legal order based on the rule of law, rather than to an order or disorder based on the rule of politics. As from May 1st 2004, the EU enlargement, unprecedented in its size, marks a historic milestone for the European Union and its Member States, and also for the whole continent. Given this new context, the EU has to find and define new cooperation partnerships with its neighbours. A major partner, not to be neglected in this new policy is by all means Russia. The first Summit between the enlarged EU and Russia held in Moscow on 21 May 2004 was the first high-level meeting of the 25 EU and Russia following the successful conclusion of negotiations between the European Commission and Russia on the extension of the EU-Russia Partnership and Cooperation Agreement (PCA) to the ten new EU Member States. The Summit calls for the reinforcement of EU-Russia relations via the creation of Four Common Spaces: a common economic space (with specific reference to environment and energy); a common space of Freedom, Security and Justice; a field of external security; as well as a space of research and education including culture. The next step will be to define shared priorities and concrete measures for each of the Four Common Spaces in a mutually agreed Action Plan

PREPARATION OF NATIONAL CONSTITUTIONS OF CANDIDATE COUNTRIES FOR ACCESSION

In most candidate countries, enlargement will contribute most likely to the constitutional modernization of the country. The EU accession will be a fundamental landmark in this respect. This will especially concern the implications of their membership for the national constitutional provisions concerning, among others, the principle of the transfer of the exercise of certain state powers to the EU deriving from national state sovereignty, supremacy, primacy, priority, direct applicability and direct effect of community law, specific provisions of the EU and EC Treaty regarding European citizenship, voting rights etc., as well as specific provisions in national constitutions which contradict the acquis communautaire, such as acquisition of land and realestate by non-residents, extradition of own nationals etc. This paper outlines some of the major problems of a new constitutional design in accession countries