Research Proposal: EU Law

Pages: 20 (6166 words)  ·  Bibliography Sources: 10  ·  File: .docx  ·  Level: College Senior  ·  Topic: Government  ·  Buy for $19.77

Lisbon Treaty: Democratization and State Sovereignty

The objective of this research is to analyze the extent to which the Lisbon Treaty changes the balance of power between democracy and state sovereignty. This work will examine why the Lisbon Treaty adopted this particular approach and will assess the prospects for success upon the basis of this point.

The research questions in this study are the following:

(1) What impact will the Lisbon Treaty have upon countries whose governments are formed upon the basis of democracy?

(2) Will the Lisbon Treaty effectuate the superiority of EU law over laws of individual countries?

The methodology of this study is qualitative in nature and therefore interpretive and will be in the form of a review of literature in this area of study.

Introduction

The work of the European Centre for Law and Justice (2008) entitled: "Legal Analysis of Select Provisions of the Lisbon Treaty"

states that the biggest of all problems with the Lisbon Treaty "...might be its designed incomprehensibility. The official consolidated versions of the aforementioned treaties, as amended by Lisbon, runs to almost 400 pages and stated to be "even more problematic" is the fact that the "official consolidated version does not indicate what amendments to the treaties are made by Lisbon." (European Centre for Law and Justice, 2008, p.2)

The publicly designated goal for the Lisbon treaty is obtaining "parliamentary ratification of the Lisbon Treaty by all Member States by the end of 2008, and to have the Treaty come into force on January 1, 2009." (European Centre for Law and Justice, 2008, p.5)

There are eleven (11) new protocols contained in the Treaty of Lisbon and all of which are stated to have "the force of binding law) and this is in addition to the "original protocols for a total of 37 protocols." (European Centre for Law and Justice, 2008, p.6)

Stated to be one of the primary provisions and one that is characterized by controversy is the incorporation of the Charter of Fundamental Rights in Article Six as binding law." (European Centre for Law and Justice, 2008, p.6)

While the Lisbon Treat claims different, the Charter is stated to appear to "create the potential for new 'rights' and could create considerable confusion as to the interpretation of human rights in Europe." (European Centre for Law and Justice, 2008, p. 6)

Serving to emphasize this is the fact that "both Poland and the United Kingdom have opted out of compliance with the Charter in Protocol 30, an option that has not been offered to the Irish people in this referendum." (European Centre for Law and Justice, 2008, p. 6)

The Lisbon Treaty is reported to have an outcome which will effectuate the possession of more power being held in the hands of the European Parliament and in fact it is stated that the European Parliament will possession "...more power than ever in shaping Europe due to the powers given by the Lisbon Treaty." (European Parliament, 2009)

While each EU treaty has effectively increased the legislative power of the European Parliament, the Lisbon Treaty now equalizes the power of the Parliament and the Council of Ministers in decisions on the largest part of EU laws.

I. Effects of the Lisbon Treaty

The Lisbon Treaty is stated to have made the European Parliament "a stronger lawmaker by bringing over 40 new fields within the 'co-decision' procedure, under which has equal rights with the Council. These areas include agriculture, energy security, immigration, justice and home affairs, health and structural funds."

(European Parliament, 2009)

The European Parliament has also gained a larger role in the setting of budgets with the "old distinction between 'compulsory' and 'non-compulsory' expenditure" being abolished and Parliament deciding on the EU budget in its entirety together with the Council. (European Parliament, 2009, paraphrased) In addition "MEPs will also have to give their consent to a whole range of international agreements negotiated by the Union, in areas such as international trade." (European Parliament, 2009)

It is stated that more power also means "more responsibility." (European Parliament, 2009) With the increases in legislative power the decisions of Parliament "will, more than ever, directly affect the daily lives of Europe's citizens. Parliament shall, in all its activities, fully respect the fundamental rights of EU citizens, in line with the Charter of Fundamental Rights enshrined in the Lisbon Treaty." (European Parliament, 2009)

It is reported that a new role will be held by MEPs in "relations with other institutions of the EU. From now on, results of elections to the European Parliament will be directly linked to the choice of candidate for the President of the European Commission. The whole Commission, including the High Representative of the Union for Foreign Affairs and Security Policy, needs Parliament's approval to take office." (European Parliament, 2009) The Lisbon Treaty provides Parliament with what is a newly gained right in proposing changes to treaties. Five primary points noted concerning the European Parliament and the Lisbon Treaty are the following:

(1) The European Parliament is better equipped for challenges in the present: "The Lisbon Treaty improves the ability of the EU and its Parliament to act and deliver. At a time when both Europe and the rest of the world are faced with new challenges like globalization, demographic shifts, climate change, energy security and terrorism, no single state can effectively deal with them alone. Only by working together, in a more efficient, accountable, transparent and coherent way and speaking with one voice, can Europe respond to its citizens' concerns. The reform treaty makes your Parliament better equipped for today's and tomorrow's challenges - in a growing EU. Further, with Lisbon, your Parliament will also enjoy a new right to propose future treaty changes." (European Parliament, 2009)

(2) New European Parliament has new and additional power in Shaping Europe: "With the Lisbon Treaty, the European Parliament will have more power in shaping Europe than ever before. With its full legislative power extending to over 40 new fields, Parliament becomes a truly equal lawmaker with the Council of Ministers, representing member states governments. Agriculture, energy security, legal immigration, justice and home affairs, public health and structural funds are just a few of the areas where Parliament acquires full authority. Its decisions will have an ever stronger impact on your everyday life."

(3) New European Parliament has a tighter hold on the European Union's purse strings: "From now on, the Parliament will decide on the entire EU budget together with the Council of Ministers. Until now, it did not have the final word on "compulsory expenditure" (around 45% of the EU budget) such as spending relating to agriculture or international agreements. This changes as the Parliament becomes responsible for the entire EU budget, together with EU governments. Your Parliament will not only have a decisive say on overall spending priorities, but will also have a tighter hold on the EU's purse strings."

(4) New European Parliament will have greater authority on who runs the European Parliament: "In the Lisbon era, the Parliament will not only decide what is done and how money is spent, it will also have a greater say on which men and women run the EU. The Parliament will elect the President of the European Commission, on the basis of the EU heads of state and government's pre-selection, which must take into account the results of European elections - and your choice. Also, Parliament's consent is needed in the appointment of the EU's new voice in the world and foreign policy chief, the High Representative for Foreign Affairs and Security Policy, who will also be a Commission Vice-President."

(5) New European Parliament has a stronger voice for Europe's citizens:

New power means more responsibility. As the only directly-elected EU institution, the Parliament will have new tools to give a stronger voice to the 500 million citizens it represents and to hold the EU accountable to them. The Parliament will be the guardian of EU citizens' new catalogue of civil, political, economic and social rights - the Charter of Fundamental Rights - embedded in the Lisbon Treaty, as well as their new right of citizens' initiative, which will allow people to call for new policy proposals if supported by 1 million signatures. Also, it will safeguard national parliaments' right to object to European level legislative proposals should they consider them to concern matters better dealt with at national level." (European Parliament, 2009)

I. German Federal Constitutional Court on the Lisbon Treaty

The German Federal Constitutional Court (FCC) is stated to have delivered a judgment on June 30th 2009 that is cited as being "crucial to the future of the European integration process." (Beaudouin, 2009)

It is stated that the ruling, comprised by 150 pages "concerns the constitutionality of the Act of Parliament ratifying the Lisbon Treaty and of the accompanying Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat." (Beaudouin, 2009) It is reported that the terms are not only applicable to Germany but to all other… [END OF PREVIEW]

Ordering Options:

?
Which Option Should I Choose?

1.  Buy Full Paper (20 Pages)

Perfectly formatted MS Word document!

or

2.  Write a NEW paper for you!

Write a New Paper

Popular!

Law and Business When Glenn Assessment


International Trade Law Term Paper


British Bill of Rights to Replace Essay


British Law the United Kingdom Government Term Paper


Countermeasures Under the Law of State Responsibility Essay


View 589 other related papers  >>

Cite This Research Proposal:

APA Format

EU Law.  (2009, December 16).  Retrieved November 22, 2019, from https://www.essaytown.com/subjects/paper/eu-law/7369431

MLA Format

"EU Law."  16 December 2009.  Web.  22 November 2019. <https://www.essaytown.com/subjects/paper/eu-law/7369431>.

Chicago Format

"EU Law."  Essaytown.com.  December 16, 2009.  Accessed November 22, 2019.
https://www.essaytown.com/subjects/paper/eu-law/7369431.