Miami 2008 II: Treaty of Lisbon: What's in it?

Miami 2008 II: Treaty of Lisbon: What's in it?

From Introduction

The Lisbon Treaty has retained most of the institutional changes of the Constitutional Treaty (de Poncins, 2008; Griller and Ziller, 2008; Sauron, 2008; and Weidenfeld, 2008). It amends the Treaty on European Union (TEU) and the Treaty Establishing the European Community (TEC), the latter being renamed The Treaty on the Functioning of the European Union (TFEU). All references to symbols of constitutionalism, including flag, anthem and motto, have been removed. Legislative acts will not be called laws and framework laws, but retain the old names of regulations and directives. The new post in the Constitutional Treaty of Union Minister for Foreign Affairs has been renamed High Representative of the Union for Foreign Affairs and Security Policy (HR). Nor does the new treaty explicitly say that Union law has primacy, although it will have such primacy based on case law of the European Court of Justice (ECJ) going back to the early years of European integration. The IGC confirmed this in Declaration no. 17 attached to the treaty: "The Conference recalls that in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of Member States, under the conditions laid down by the said case law" (European Union, 2008, p. 344, see also Wouters et al., 2008, p. 190).

Dr. Finn Laursen