The Treaty Of Lisbon And The Future Of European Law And Policy
, Luca Rubini
Edited by Martin Trybus, Professor of European Law and Policy and Director, Institute of European Law, University of Birmingham, UK and Luca Rubini, Senior Lecturer in European Law and Deputy Director, Institute of European Law, University of Birmingham, UK
|2012 552 pp Hardback 978 0 85793 255 6
|ebook isbn 978 0 85793 256 3
Hardback £134.00 on-line price £120.60
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‘After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.’
– Roberto Caranta, University of Turin, Italy
Contributors: E. Aalto, A. Arnull, M.-L. Basilien-Gainche, M. Borowski, F. Costamagna, A. Cygan, B. Davies, E. Fahey, F. Goudappel, B. Guastaferro, E. Herlin-Karnell, U. Khaliq, R. Leal-Arcas, M. Mirschberger, J. Nowag, L. Puccio, H. Raulus, L. Rodgers, L. Rubini, C.S. Rusu, M. Smith, M. Trybus, J. van de Gronden, T. van den Brink, B. van Vooren, W. Weiß
Full table of contents
This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
Divided into six parts, the 23 chapters provide ‘after Lisbon’ perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable.
The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.
Preface: The European Union and the Rule of Law
Introduction: After the Treaty is Before the Treaty
Martin Trybus, Luca Rubini, and the authors
PART I: LAW AND GOVERNANCE IN THE EUROPEAN UNION
1. Who Leads the EU? Competences, Rivalry and a Role for the President of the European Council, the High Representative
2. The European Court of Justice after Lisbon
3. ‘Collective’ Subsidiarity Monitoring by National Parliaments after Lisbon: The Operation of the Early Warning Mechanism
4. The Pressures Inflicted by the Financial Crisis on the Euro Area: De Facto Creating an EU ‘Economic Government’ Despite the Status Quo Maintained in the Lisbon Treaty?
5. Tracing the Development of Administrative Principles in the EU: A Possible New Approach to Legitimacy?
PART II: THE POWERS AND NATURE OF THE EUROPEAN UNION
6. The European Union as a Staatenverbund? The Endorsement of the Principle of Conferral in the Treaty of Lisbon
7. A Jagged-edged Jigsaw: The Boundaries of Constitutional Differentiation and Irish-British-Euro Relations after the Treaty of Lisbon
8. Enhanced Cooperation and Conflicting Values: Are New Forms of Governance the Same as ‘Good Governance’?
9. The Substance of Subsidiarity: The Interpretation and Meaning of the Principle after Lisbon
Ton van den Brink
PART III: THE CHARTER OF FUNDAMENTAL RIGHTS
10. The Charter of Fundamental Rights as a Set of Constitutional Principles
11. The Charter of Fundamental Rights in the Treaty on European Union
12. EU Human Rights Protection after Lisbon
PART IV: EXTERNAL ACTION AND POLICY
13. The External Action of the European Union under the Treaty of Lisbon
14. The European Union’s New Common Commercial Policy after the Treaty of Lisbon
15. EU External Energy Policy: The Legal and Policy Impact of the New Competence
Bart van Vooren
16. Towards a Common Defence? Legal Foundations after the Lisbon Treaty
PART V: JUSTICE AND CRIMINAL POLICY
17. Delegation and Accountability of Criminal Agencies after Lisbon: An Examination of Europol
18. Options for the Development of European Criminal Law under the Treaty of Lisbon
19. The EU Immigration and Asylum Policy in the Post-Lisbon Institutional Context
PART VII: ECONOMIC GOVERNANCE
20. The Internal Market and the Welfare State: Anything New after Lisbon?
21. Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?
22. Services of General (Economic) Interest Post-Lisbon
Johan van de Gronden and Catalin Stefan Rusu
23. The Future of Employment Law and Policy after Lisbon: The Rise of Solidarity Rights?