The Treaty of Lisbon and the future of European law and policy

著者

    • Trybus, Martin
    • Rubini, Luca

書誌事項

The Treaty of Lisbon and the future of European law and policy

edited by Martin Trybus, Luca Rubini

Edward Elgar, c2012

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注記

Bibliography: p. 455-488

Includes index

内容説明・目次

内容説明

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.

目次

Contents: Preface: The European Union and the Rule of Law Gisela Stuart 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 Michael Mirschberger 2. The European Court of Justice after Lisbon Anthony Arnull 3. 'Collective' Subsidiarity Monitoring by National Parliaments after Lisbon: The Operation of the Early Warning Mechanism Adam Cygan 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? Laura Puccio 5. Tracing the Development of Administrative Principles in the EU: A Possible New Approach to Legitimacy? Melanie Smith 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 Barbara Guastaferro 7. A Jagged-edged Jigsaw: The Boundaries of Constitutional Differentiation and Irish-British-Euro Relations after the Treaty of Lisbon Elaine Fahey 8. Enhanced Cooperation and Conflicting Values: Are New Forms of Governance the Same as 'Good Governance'? Ester Herlin-Karnell 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 Helena Raulus 11. The Charter of Fundamental Rights in the Treaty on European Union Martin Borowski 12. EU Human Rights Protection after Lisbon Wolfgang Weiss PART IV: EXTERNAL ACTION AND POLICY 13. The External Action of the European Union under the Treaty of Lisbon Urfan Khaliq 14. The European Union's New Common Commercial Policy after the Treaty of Lisbon Rafael Leal-Arcas 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 Erkki Aalto PART V: JUSTICE AND CRIMINAL POLICY 17. Delegation and Accountability of Criminal Agencies after Lisbon: An Examination of Europol Bleddyn Davies 18. Options for the Development of European Criminal Law under the Treaty of Lisbon Flora Goudappel 19. The EU Immigration and Asylum Policy in the Post-Lisbon Institutional Context Marie-Laure Basilien-Gainche PART VII: ECONOMIC GOVERNANCE 20. The Internal Market and the Welfare State: Anything New after Lisbon? Francesco Costamagna 21. Changing the Competition Regime Without Altering the Treaty's Chapter on Competition? Julian Nowag 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? Lisa Rodgers Bibliography Index

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