scholarly journals Germany’s Stance on the EU Treaty Reform in the Years 2005–2009

2019 ◽  
pp. 41-71
Author(s):  
Janusz Józef Węc

Celem badawczym pracy jest rekonstrukcja wpływu Niemiec na reformę ustrojową Unii Europejskiej dokonaną w traktacie lizbońskim z 13 grudnia 2007 r. Autor formułuje hipotezę badawczą, że traktat lizboński znacząco wzmocnił pozycję Niemiec w Unii. Ograniczenie prawa weta państw członkowskich oraz radykalne wzmocnienie metody wspólnotowej w Unii dokonane w tym traktacie zamiast jeszcze bardziej związać Niemcy z UE, stworzyły potencjalne przesłanki nawet do ich dominacji w Unii.

Author(s):  
Luísa Verdelho Alves

On December 13, 2007, the Member States of the European Union (EU) signed in Lisbon a treaty amending the founding Treaties of the EU. After a troubled ratification process, due to the adverse outcome of a national referendum in Ireland, the Lisbon Treaty finally entered into force on December 1, 2009, defining a new trajectory for the EU integration process. The present article addresses the possible implications of the recent EU treaty reform to the accession of Turkey to the EU. To that end, I propose an analysis of the modifications introduced in the institutional framework of the Union and I inquire whether the legal change at this level is capable of influencing the attitude of the current Member States concerning the accession of Turkey to the EU.


Author(s):  
Federico Fabbrini

The chapter argues that Brexit compels the EU institutions and the Member States to engage in constitutional change at EU level. Several provisions of the EU treaties and quasi-constitutional EU norms will need to be amended to adapt to the reality of a Union of twenty-seven. The revision of these legal norms, however, may provide an opportunity to discuss radical changes to the EU constitutional system—a prospect that had been discussed during the euro-crisis, and in the context of the celebrations for the 60th anniversary of the Rome Treaties Treaty reform in the EU has been mixed, and there are many obstacles toward a new constitutional settlement in Europe. Nevertheless, the growing calls for a multispeed Europe signal a credible alternative: after Brexit, integration by a sub-group of states remains a distinctive possibility in case the efforts to reform the EU constitutional system should falter got idiosyncratic national reasons.


Author(s):  
Thomas Christiansen ◽  
Christine Reh

Author(s):  
Deirdre Curtin

Increasing the role of the European Parliament in legislative and executive rule-making was a key objective of the Lisbon Treaty reformers in their endeavours to enhance the democratic legitimacy of the EU. Yet, the Lisbon reform leaves much room for improvement with respect to accountability in the new system of legal acts. The analysis reveals the wide discrepancy between the formal rules and informal practices of the institutions post-Lisbon, giving rise to further accountability concerns. The main problems are the inadequacy of democratic checks over the Council, limited resources and powers of the European Parliament, increased reliance on trilogues at the expense of open dialogue and deliberation, and insufficient public access to institutions’ documents. In conclusion, it is suggested that even in the absence of formal Treaty reform, values such as publicity and participation could be crucial normative standards to be included in the further design of EU decision-making procedures.


2019 ◽  
pp. 31-52
Author(s):  
Clive Church ◽  
David Phinnemore

This chapter explores the emergence and implementation of the Treaty of Lisbon. Its origins lie in the Constitutional Treaty of 2004 and its rejection in the French and Dutch referendums of 2005, which led to a period of so-called reflection. Then, mainly under the German Council presidency of early 2007, there was an emphatic drive to produce not a constitution, but an orthodox amending treaty to carry forward the basic reforms of the Constitutional Treaty. A deal was reached in October 2007. However, while parliamentary ratification went successfully, an initial referendum rejection in Ireland in June 2008 cast doubt on the new Treaty’s future. In part, this symbolized a rejection of some elements of the Treaty, but it also owed much to a deeper unease about the EU. Once Irish concerns had been assuaged, a second referendum produced the necessary ‘yes’ to ratification and, following some last-minute concessions to the Czech Republic, the Treaty of Lisbon entered into force on 1 December 2009. Its implementation proceeded relatively smoothly but was complicated by the eurozone crisis, which in turn pushed the EU to pursue some further treaty reform. In the face of increasing Euroscepticism, and persistent question marks over the popular legitimacy of the EU, the appetite for treaty reform all but evaporated for much of the 2010s, even if for integrationists the eurozone crisis demanded further reform. Towards the end of the decade, with Emmanuel Macron as French President calling for a ‘re-founding’ of the EU and the UK negotiating its withdrawal from the EU, opportunities for and some interest in a new round of treaty reform appeared to be emerging.


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