Summary
"When EU leaders signed the Lisbon Treaty in late 2007, it seemed that the constitutional process in Europe was finally close to fruition. For many, the seemingly imminent conclusion of this lengthy process, which had started in 2000 or even earlier and which had absorbed much of the Union's capacity for policy and compromise, came as a great relief. Although the results of the Irish referendum have led to some disillusion, it is evident that - whatever the final outcome might be - for the time being the Lisbon "constitution" is as good as it gets in an EU of 27 or more states." "Against that backdrop, this volume presents several works by renowned EU lawyers discussing the consequences of "Lisbon" in various policy fields (External Relations, Justice and Home Affairs, Economic Policy, etc.) as well as the pros and cons of the Union's "constitution" as it stands with the Lisbon Treaty. Additional food for thought is provided in a foreword written by Giuliano Amato, one of the most important protagonists of EU constitutionalism from its very beginning."--BOOK JACKET.
Author Biography
Catherine Barnard MA (Cantab), LLM (EUI), PhD (Cantab) is a Reader in EU Law at the University of Cambridge and a fellow of Trinity College. She also holds a Jean Monnet chair of European Law. She is co-director of the Centre for European Legal Studies at Cambridge.Jos+¬ Mar+¡a Beneyto is Professor of International Law, European Law and International Relations at the Universidad San Pablo in Madrid. He is Director of the Institute for European Studies at that university and holds a Jean Monnet chair.Herv+¬ Bribosia is Head of research and scientific co-operation at the Centre Virtuel de la Connaissance sur l'Europe in Luxembourg, and Guest Professor at the University of Paris I (Panth+¬on-Sorbonne).Dominic Coppens is Junior Member of the Leuven Centre for Global Governance Studies and Assistant at the Institute for International Law, Leuven University.Paul Craig is Professor of English Law at the St. John's College of the University of Oxford.Stefan Griller is Jean Monnet-Professor for European Law at the Europainstitut of Wirtschaftsuniversit+ñt, Vienna. He was founding President of ECSA Austria in 1996 and since 2002 serves as its Secretary General. His paper was prepared during his stay as a Fernand Braudel Scholar at the EUI in Florence.Marcel Kau holds a Ph.D. from Konstanz University and an LL.M. from Georgetown University. Currently he works on his habilitation in public law and is assistant researcher at the chair of Prof. Dr. Dr. h.c. Kay Hailbronner at the University of Konstanz/ Germany.Christine Kaddous studied at Neuch+ótel, Cambridge / UK and at the Free University of Brussels. She teaches EU Law at Geneva where she holds a Jean Monnet chair and is Director of the Centre d'+¬tudes juridiques europ+¬ennes. She publishes extensively on EU external relations.Jean-Victor Louis, honorary professor of the Free University of Brussels, former president its Institute of European Studies, honorary general counsel of the Belgian National Bank, former professor at the EUI, editor of the Cahiers de droit europ+¬en, Dr. h.c. (Paris II (Panth+¬on-Assas)).Bart Meesters is Junior Member of the Leuven Centre for Global Governance Studies and Researcher at the Fund for Scientific Research-Flanders (FWO) and at the Institute for International Law, Leuven University.Ingolf Pernice Professor Dr. jur. Dr. h.c., holds a Chair for public, international and European Law of the Humbodt-University of Berlin. He is managing director of the Walter Hallstein Institute for European Constitutional Law (WHI) of the Humboldt-University of Berlin.Ernst-Ulrich Petersmann is Professor of International and European Law at the European University Institute, Florence, and Head of its Law Department.Paolo Ponzano, EU official since 1971. Before, he assisted Ricardo Monaco at the University of Rome and Altiero Spinelli. He was Director for Relations with the Council, Director of the Task Force on the future of the Union, alternate member of the European Convention, Director for Institutional Affairs and Better Regulation and Senior Fellow at the RSCAS. Currently, he is the Principal Adviser to the Secretary General for Institutional Issues.Antonio S+íinz de Vicu+¦a is General Counsel of the European Central Bank in Frankfurt and Director of the Bank's Legal Service.Bruno de Witte is Professor of European Union law at the European University Institute in Florence.Jan Wouters is Professor of International Law and International Organizations, Director, Leuven Centre for Global Governance Studies and Institute for International Law, Leuven University; Of Counsel, Linklaters, Brussels. His paper was prepared during his stay as a Fernand Braudel Scholar at the EUI in Florence.Jacques Ziller is Professor of Comparative Public Law at the EUI in Florence, holds the joint chair at the RSCAS and is Professor for European Law at the University of Pavia. Previously at he taught at the University Paris I (Panth+¬on-Sorbonne).
Table of Contents
Abbreviations | p. XV |
From Nice to the Constitutional Treaty: Eight Theses on the (Future) Constitutionalisation of Europe | p. 1 |
Is this a Constitution? Remarks on a Contested Concept | p. 21 |
The Main Institutional Innovations in the Lisbon Treaty | p. 57 |
Legal Instruments and Law-Making in the Lisbon Treaty | p. 79 |
The Role of the European Parliament under the Lisbon Treaty | p. 109 |
'Executive' and 'delegated' acts: The situation after the Lisbon Treaty | p. 135 |
The European Union's External Relations after the Lisbon Treaty | p. 143 |
Role and position of the High Representative of the Union for Foreign Affairs and Security Policy under the Lisbon Treaty | p. 205 |
Justice and Home Affairs in the European Constitutional Process - Keeping the Faith and Substance of the Constitution | p. 223 |
The Treaty of Lisbon and Fundamental Rights | p. 235 |
The 'Opt-Out' for the UK and Poland from the Charter of Fundamental Rights: Triumph of Rhetoric over Reality? | p. 257 |
Economic Policy under the Lisbon Treaty | p. 285 |
The Status of the ECB | p. 299 |
The Law and Politics of the Ratification of the Lisbon Treaty | p. 309 |
The Reform Treaty and the Constitutional Finality of European Integration | p. 337 |
Index | p. 359 |
About the Authors of this Volume | p. 381 |
Table of Contents provided by Ingram. All Rights Reserved. |