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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, specialized lawyers and governments.
Edited by Martin Trybus, Professor of European Law and Policy and Director, Institute of European Law, University of Birmingham, UK and Luca Rubini, Law Department, University of Turin, Italy
Contents:Preface: The European Union and the Rule of LawGisela StuartIntroduction: After the Treaty is Before the TreatyMartin Trybus, Luca Rubini, and the authorsPART I: LAW AND GOVERNANCE IN THE EUROPEAN UNION1. Who Leads the EU? Competences, Rivalry and a Role for the President of the European Council, the High RepresentativeMichael Mirschberger2. The European Court of Justice after LisbonAnthony Arnull3. ‘Collective’ Subsidiarity Monitoring by National Parliaments after Lisbon: The Operation of the Early Warning MechanismAdam Cygan4. 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?Laura Puccio5. Tracing the Development of Administrative Principles in the EU: A Possible New Approach to Legitimacy?Melanie SmithPART II: THE POWERS AND NATURE OF THE EUROPEAN UNION6. The European Union as a Staatenverbund? The Endorsement of the Principle of Conferral in the Treaty of LisbonBarbara Guastaferro7. A Jagged-edged Jigsaw: The Boundaries of Constitutional Differentiation and Irish-British-Euro Relations after the Treaty of LisbonElaine Fahey8. Enhanced Cooperation and Conflicting Values: Are New Forms of Governance the Same as ‘Good Governance’?Ester Herlin-Karnell9. The Substance of Subsidiarity: The Interpretation and Meaning of the Principle after LisbonTon van den Brink PART III: THE CHARTER OF FUNDAMENTAL RIGHTS10. The Charter of Fundamental Rights as a Set of Constitutional PrinciplesHelena Raulus11. The Charter of Fundamental Rights in the Treaty on European UnionMartin Borowski12. EU Human Rights Protection after LisbonWolfgang Weiß PART IV: EXTERNAL ACTION AND POLICY13. The External Action of the European Union under the Treaty of LisbonUrfan Khaliq14. The European Union’s New Common Commercial Policy after the Treaty of LisbonRafael Leal-Arcas15. EU External Energy Policy: The Legal and Policy Impact of the New CompetenceBart van Vooren16. Towards a Common Defence? Legal Foundations after the Lisbon TreatyErkki Aalto PART V: JUSTICE AND CRIMINAL POLICY 17. Delegation and Accountability of Criminal Agencies after Lisbon: An Examination of EuropolBleddyn Davies18. Options for the Development of European Criminal Law under the Treaty of LisbonFlora Goudappel19. The EU Immigration and Asylum Policy in the Post-Lisbon Institutional ContextMarie-Laure Basilien-Gainche PART VII: ECONOMIC GOVERNANCE20. The Internal Market and the Welfare State: Anything New after Lisbon?Francesco Costamagna21. Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?Julian Nowag22. Services of General (Economic) Interest Post-LisbonJohan van de Gronden and Catalin Stefan Rusu23. The Future of Employment Law and Policy after Lisbon: The Rise of Solidarity Rights?Lisa RodgersBibliographyIndex
‘. . . this book is a mine of considered, diverse, learned and often contrary and controversial insights and opinions from leading experts in European law and policy. . . For EU lawyers and researchers into the complexities of the Treaty of Lisbon, this extensively footnoted book offers interesting background perspectives and should be considered a must-have acquisition, especially with its abundance of research materials.’