This book outlines the content of the main treaties that form the 'constitutional' basis of the European Union and analyses changes in these over time. The EU has expanded its policy scope and taken in many more members transferring powers to common supranational institutions in a way seen nowhere else in the world.
The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.
The European Parliament in the Contested Union provides a systematic assessment of the real influence of the European Parliament (EP) in policy-making. Ten years after the coming into force of the Treaty of Lisbon, which significantly empowered Europe’s only directly elected institution, the contributions collected in this volume analyse whether, and under what conditions, the EP has been able to use its new powers and shape decisions. Going beyond formal or normative descriptions of the EP’s powers, this book provides an up-to-date and timely empirical assessment of the role of the EP in the European Union, focusing on key cases such as the reforms of the EU’s economic governance and asylum policy, the Brexit negotiations and the budget. The book challenges and qualifies the conventional view that the EP has become more influential after Lisbon. It shows that the influence of the EP is conditional on the salience of the negotiated policy for the Member States. When EU legislation touches upon ‘core state powers’, as well as when national financial resources are at stake, the role of the EP – notwithstanding its formal powers – is more constrained and its influence more limited. This book provides fresh light on the impact of the EP and its role in a more contested and politicised European Union. Bringing together an international team of top scholars in the field and analysing a wealth of new evidence, The European Parliament in the Contested Union challenges conventional explanations on the role of the EP, tracking down empirically its impact on key policies and processes. It will be of great interest to scholars of the European Union, European politics and policy-making. The chapters were originally published as a special issue of the Journal of European Integration.
This progress report presents evidence taken by the Committee during the summer recess on the draft EU Reform Treaty on which negotiations have been proceeding in the Inter Governmental Conference (IGC), as well as correspondence raising questions with the Minister for Europe. The Committee sets out its plan for further in depth analysis of the impact of the reform Treaty on the UK and discusses specific questions of the role of national parliaments. The report notes the tight mandate given to the IGC has had the effect that its work has been largely technical and asks the Government to report to the House on the impact of this procedure.
A tension between (richer) contributing Member States and (poorer) recipient Member States has always characterised the history of the budget of the European Union, the politics of which has often turned fraught. This volume evaluates the prospects for major change to expenditure and the structure of the budget for the period starting in 2014.
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty. This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.
The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.