Open Access Research Article
EVOLUTION OF THE EUS LEGAL FRAMEWORK: FROM THE TREATY OF ROME TO THE LISBON
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Article Details
THE
EVOLUTION OF THE EU'S LEGAL FRAMEWORK: FROM THE TREATY OF ROME TO THE LISBON
TREATY
1Authored
By - NABEEL MOOTHEDATH
LL.M Student in University Degli Studio Di Milano, Italy
2Co-
Author- CHINDULURI HARIKA
Advocate, High Court of Andhra Pradesh
TABLE OF
CONTENTS
I.
INTRODUCTION…………………………………………………………………………….
II. TREATY OF ROME………………………………………………………………………..
III. THE
SINGLE EUROPEAN ACT (SEA)……………………………………………………
The Background of the Single European Act:
- The Objectives of the Single
European Act:
- The Impact of the Single
European Act:
- Challenges and Criticisms of
the Single European Act
A.
Limited Focus on Social and Environmental Issues
B.
Democratic Deficit
C.
Implementation Challenges
D.
Economic Disparities
E.
Brexit
IV. THE
MAASTRICHT TREATY…………………………………………………………….
V. THE
TREATY OF AMSTERDAM………………………………………………………….
VI. THE
TREATY OF NICE……………………………………………………………………
VI. THE
TREATY OF LISBON………………………………………………………………...
VIII.
CONCLUSION……………………………………………………………………………
ABSTRACT:
The European Union (EU) has undergone
significant changes in its legal framework since its inception in the 1950s.
The Treaty of Rome, signed in 1957, established the European Economic Community
(EEC) and laid the foundation for a common market and economic cooperation
between member states. This article provides an overview of the evolution of
the EU's legal framework from the Treaty of Rome to the Lisbon Treaty,
highlighting key developments in EU law and governance. The article explores
the establishment of the European Court of Justice, the evolution of the EU's
competences and institutions, and the adoption of important legal instruments.
It also discusses the enlargement of the EU and the implications of these
changes for the EU's legal framework. Overall, the article provides a
comprehensive and insightful analysis of the development of EU law and
governance, making it a valuable resource for scholars, policymakers, and
anyone seeking to understand the legal framework of the EU.
Keywords: EU Law,
Sources of Law, Treaties of EU Law, Single European Act, Treaty of Lisbon,
Treaty of Rome
INTRODUCTION:
The European Union is a
unique entity comprising 27 member states that have pooled their sovereignty to
achieve common goals in economic integration, social policy, foreign policy,
and justice and home affairs. Since its creation in the 1950s, the EU has
undergone numerous changes, expansions, and reforms that have transformed its
legal framework and governance structure. The EU has its roots in the
post-World War II period when European countries sought to promote peace and
stability through economic cooperation. The evolution of the EU's legal
framework has been dynamic, with various treaties, agreements, and policies
adopted over the years to address emerging challenges and opportunities. The
Treaty of Rome signed in 1957, established the European Economic Community
(EEC), which aimed to create a common market and eliminate trade barriers
between member states. Since then, the EU has evolved significantly, expanding
its scope and powers through several treaties.
In this article, we will trace the
development of the EU's legal framework from the Treaty of
Rome to the Lisbon Treaty, exploring
the key milestones, challenges, and opportunities that
have shaped the EU's legal landscape. We will examine the
significant treaty revisions and policy changes that have driven the evolution
of the EU's legal framework and analyze their impact on the EU's governance
structure, institutional relationships, and decision-making processes.
Ultimately, we will see that the EU's legal framework is a constantly evolving
entity, shaped by the needs and aspirations of its member states and citizens.
We will also consider what the future may hold for this unique and complex
system of governance.
THE TREATY OF ROME:
The Treaty of Rome,
signed on March 25, 1957, is one of the most important documents in the history
of European integration. The European Court of Justice (ECJ), through Article
234 (ex Article 177) of the Treaty of Romei, the preliminary ruling
procedure has been the primary facilitator in the legal integration of Europeii.
It created the European Economic Community (EEC) to establish a common market
and eliminate trade barriers between the six founding member states: Belgium,
France, Germany, Italy, Luxembourg, and the Netherlands. The EEC was the
precursor to the European Union (EU), which has expanded to 27 member states
and has become one of the world's most powerful political and economic
entities.
The Treaty of Rome
resulted from years of negotiations and discussions among the six founding
member states. It was signed at the Palazzo dei Conservatori in Rome, Italy, by
the foreign ministers of the six countries. The Treaty's main objective was to
promote economic cooperation between member states, aiming to create a common
market in which goods, services, capital, and people could move freely. The
European Court of Justice is responsible for interpreting treaties and ensuring
that Member States adhere to EU lawiii. The Treaty had established
several key institutions to govern the EEC, including the European Commission,
the Council of Ministers, and the European Parliament. The European Commission
was tasked with overseeing the implementation of EEC policies and ensuring that
member states adhered to the rules of the common market. The Council of
Ministers was responsible for making decisions on EEC policies, with each
member state having one vote. The European Parliament, which was initially an
advisory body, was given more powers over time, including the ability to veto
specific policy proposals.
One of the most
significant achievements of the Treaty of Rome was the establishment of a
standard external tariffiv. This meant that all member states would
impose the same tariffs on goods imported from outside the EEC, which helped to
create a level playing field for businesses operating in the common market. The
expected market also eliminated internal tariffs between member states, which
helped to stimulate trade and economic growth. The Treaty of Rome had its
challenges, however. One of the most significant issues was the "empty
chair crisis," which occurred in 1965 when French President Charles de
Gaulle withdrew France from the Council of Ministers in protest against what he
saw as the domination of the EEC by other member statesv. The crisis
was eventually resolved in 1966, but it highlighted the difficulties of
achieving consensus among member states.
Despite these challenges,
the Treaty of Rome laid the foundation for the EU and has had a
profound impact on
Europe's political and economic landscape. It paved the way for the single
currency. This euro was introduced in 1999, and has led to the creation of a
wide range of EU policies and institutions, such as the European Central Bank,
the European Court of Justice, and the European External Action Servicevi.
The Treaty also significantly impacted the global economy, as it helped to
create one of the world's largest and most powerful trading blocs. The EU is
now a significant player in international trade and is responsible for
negotiating trade agreements with countries worldwide.
In conclusion, the Treaty of Rome was
a groundbreaking document that established the European Economic Community and
laid the foundation for the European Union. It resulted from years of
negotiations and discussions among the six founding member states and created a
common market where goods, services, capital, and people could move freely. The
Treaty of Rome had its challenges, but it profoundly impacted Europe's
political and economic landscape. It has helped to create one of the world's
most powerful political and economic entities. Top of Form
THE SINGLE EUROPEAN ACT
(SEA)
The Single European Act (SEA) is a
treaty signed in 1986 that introduced significant changes to the European
Economic Community (EEC), which later became the European Union (EU). The SEA
aimed to create a single European market by removing trade barriers and
harmonizing laws and regulations between member states. The Treaty had a
significant impact on Europe's economic and political landscape and paved the
way for further integration and cooperation within the EU.
The Background of the Single European Act:
Before the SEA, the EEC
was primarily focused on creating a customs union and a standard agricultural
policy. While these policies had some success in promoting trade and economic
growth, they still needed to address the challenges of an increasingly
globalized world fully. In the 1970s, many European countries faced growing
economic challenges, including high unemployment, inflation, and rising energy
costs. These challenges prompted calls for greater economic integration and
cooperation between member states.
In response to these challenges, the
European Commission proposed a series of reforms in 1984, which became the
basis for the Single European Act. The SEA was seen as a major step forward in
the integration of Europe and was a significant departure from the previous
policies of the EEC.
The Objectives of the Single European Act:
The SEA had several
objectives, including creating a single market, establishing a standard foreign
and security policy, and strengthening democratic institutions within the EU.vii
The Treaty also aimed to promote economic and social cohesion between member
states to ensure that all EU citizens could benefit from the benefits of the
single market.
One of the main
objectives of the SEA was to remove trade barriers and create a single market
in which goods, services, capital, and people could move freely. The Treaty
required member states to remove trade barriers and harmonize laws and
regulations, including technical standards, product safety, and intellectual
property rights. This created a more competitive environment, which helped to
stimulate trade and economic growth.
Another objective of the SEA was
establishing a standard foreign and security policy, allowing member states to
speak with a single voice on international issues. The Treaty also aimed to
strengthen the EU's democratic institutions, including the European Parliament,
which was given new powers to approve EU legislation.
The Impact of the Single European Act:
The SEA had a significant
impact on the economic and political landscape of Europe. Creating a single
market removed many of the barriers to trade and helped promote economic growth
and job creation. The Treaty also led to greater cooperation between member
states on various issues, including environmental protection, consumer rights,
and the free movement of people.
The SEA also had a
significant impact on the EU's institutional framework. The Treaty introduced
new decision-making procedures, which allowed for greater cooperation between
member states and helped to streamline the EU's decision-making process. For
example, the introduction of qualified majority voting (QMV) made it easier for
member states to reach agreements on important issues, even if some countries
were initially opposed. The SEA also paved the way for further integration and
cooperation within the EU. The Treaty created a framework for the creation of
the European Union, which would eventually include adopting a common currency,
the euro, and establishing a standard foreign and security policy.
Challenges and Criticisms
of the Single European Act
While the Treaty significantly
impacted the European economy and political landscape, it was not without its
challenges and criticisms. Some critics argued that the Treaty was too focused
on economic integration and did not do enough to address social and
environmental issues. Others argued that the SEA had created a "democratic
deficit" within the EU, as decisions were increasingly made by unelected
officials in Brussels rather than elected representatives. Some of the
criticisms faced by the single European act are given below.
•
Limited Focus on
Social and Environmental Issues:
One of the main criticisms of the SEA
was that it was primarily focused on economic integration and needed to do more
to address social and environmental issues. While the Treaty aimed to create a
single market and remove trade barriers, it needed to place more emphasis on
issues such as worker's rights, environmental protection, and consumer safety.
•
Democratic
Deficit:
The SEA also faced criticism for
creating a "democratic deficit" within the EU. As decisions were
increasingly made by unelected officials in Brussels rather than elected
representatives, some argued that the EU was becoming less democratic. This
criticism was particularly relevant as the SEA introduced new decision-making
procedures, which allowed for greater cooperation between member states and
helped to streamline the EU's decision-making process.
•
Implementation
Challenges:
The SEA faced significant
challenges in its implementation. Member states were required to harmonize laws
and regulations, which proved to be a lengthy and complex. Some member states
were also resistant to implementing certain aspects of the Treaty, which made
the implementation process more challenging.
•
Economic
Disparities:
While the SEA aimed to promote
economic and social cohesion between member states, it did not do enough to
address the economic disparities that existed between member states. This led
to growing economic disparities between Europe's northern and southern regions,
which remain a significant challenge for the EU today.
•
Brexit:
The UK's decision to
leave the EU in 2016 was seen by many as a significant challenge to the EU's
integration projectviii. The UK was a significant contributor to the
EU budget and played an essential role in the EU's decision-making process. The
UK's decision to leave the EU has created significant uncertainty and has
raised questions about the future of the EU.
In conclusion, the Single European
Act played a significant role in the integration and development of the
European Union. However, the Treaty faced various challenges and criticisms,
including a narrow focus on social and environmental issues, a democratic
deficit, implementation challenges, economic disparities, and Brexit. These
challenges and criticisms highlight the need for continued reform and
adaptation within the EU to ensure its success and relevance in the 21st
century.
THE MAASTRICHT TREATY
The Maastricht Treaty,
also known as the Treaty on European Union (TEU), is a significant treaty that
was signed in Maastricht, Netherlands, in 1992. It established the European
Union (EU) and laid the foundation for the economic and political integration
of the member states. The Treaty was a significant step towards creating a
single market and currency for the EU.
This Treaty resulted from
a series of negotiations that started in 1985. The Treaty was designed to build
on the European Community's success and deepen the member states' economic and
political integration. It was signed by the leaders of the 12 member states of
the European Community, which later became the European Union. The Maastricht
Treaty established the European Union as a political and economic union of
European countries. It introduced a standard foreign and security policy and
cooperation in justice and home affairs. The Treaty also created a European
Central Bank and a single currency, the euro.
The Treaty laid out the
three pillars of the EU. The first pillar established a single market and a
standard economic policy. This included the free movement of goods, services,
capital, and people across member states. The second pillar focused on foreign
and security policy, including creating a Common Foreign and Security Policy
(CFSP) and a European Security and Defense Policy (ESDP). The third pillar
addressed issues related to justice and home affairs, including cooperation on
matters of immigration, asylum, and law enforcement. The Maastricht Treaty also
introduced several new institutions to the EU, including the European Council,
which comprises the heads of state or government of member states, the European
Parliament, the European Commission, and the Court of Justice of the European
Unionix. These institutions were designed to work together to create
a more robust and integrated Europe.
One of the most
significant aspects of the Maastricht Treaty was the creation of the euro. The
Treaty set out a timetable for introducing a single currency for the EU, which
would eventually replace the national currencies of member states. The
introduction of the euro was a significant step towards creating a single
market and a more integrated Europe. The euro was introduced in 1999 and is now
used by 19 of the 27 member states of the EU. The Maastricht Treaty has had a
significant impact on the EU and on the member states. It has helped to create
a more integrated Europe and has facilitated greater cooperation between member
states on a range of issues, including trade, foreign policy, and justice and
home affairs. The Treaty has also led to the expansion of the EU, with the
addition of new member states over the years.
In conclusion, the Maastricht Treaty
was a significant milestone in the history of the European Union. It
established the EU as a political and economic union and laid the foundation
for greater integration between member states. The Treaty has profoundly
impacted the EU and helped create a more prosperous, stable, and united Europe.
THE TREATY OF AMSTERDAM
The Treaty of Amsterdam
is an important treaty that was signed in 1997 and amended the existing
treaties that the European Union had previously signed. The Treaty of Amsterdam
was designed to prepare the EU for the new challenges it faced, including the expansion
of the Union, the introduction of the euro, and the increasing demand for a
more effective, transparent, and democratic EU.
The Treaty of Amsterdam
amended the Treaty on the European Union (Maastricht Treaty) and the Treaty of
Rome (Treaty establishing the European Community) by introducing a range of
changes to the EU's institutional structure, decision-making processes,
policies, and objectives. The Treaty was signed by the 15 member states of the
EU at the time and came into force on
May 1, 1999. It fleshed out the
calculus of protocol on applying the principles of solidarity and
proportionality, imposing obligations on the Commission to justify proposed
legislation in terms of solidarity.x
One of the most significant aspects
of the Treaty of Amsterdam was the introduction of a new chapter on employment,
which aimed to address the issue of unemployment in the EU. This chapter set
out a range of measures designed to promote employment, including creating a
European Employment Strategy, establishing a European Social Fund, and
introducing a European Employment Observatory. The Amsterdam Treaty codified
the decisions taken at the Copenhagen European Council in 1993 concerning
candidate countriesxi. In other words, every European State that
seeks membership in the EU must uphold the values upon which it was
established.xii Regarding the enlargement process, one should also
be aware of two specific chapters that mandate adherence to essential elements
of the rule of law.xiii
The Treaty also introduced new
provisions on social policy, gender equality, consumer protection, and public
health, reflecting the growing concern among member states for these issues. In
addition, the Treaty introduced new provisions on judicial cooperation, border
controls, and police cooperation to help combat cross-border crime and
terrorism. The Treaty of Amsterdam also made significant changes to the EU's
institutional structure, including the enlargement of the European Parliament,
which now had the power to approve or reject the appointment of the President
of the European Commissionxiv. The Treaty also introduced the
concept of "co-decision," which allowed the European Parliament to
share legislative power with the Council of the European Unionxv.
The Treaty of Amsterdam also
introduced changes to the decision-making process within the EU. These changes
aimed to make the EU more democratic, transparent, and accountable. The Treaty
increased the powers of the European Parliament, giving it the right to approve
or reject legislative proposals and ask questions of the European Commission.
The Treaty was essential in building a more robust and integrated Europe. It
reflected the changing needs and priorities of the EU and provided a framework
for the EU to face the new challenges of the 21st century. The Treaty has had a
significant impact on the EU, contributing to the expansion of the Union, the
introduction of the euro, and the development of a more democratic,
transparent, and effective EU.
In conclusion, the Treaty
of Amsterdam was a significant milestone in the history of the European Union.
It introduced a range of changes to the EU's institutional structure,
decisionmaking processes, policies, and objectives, reflecting the changing
needs and priorities of the Union. The Treaty has helped to make the EU more
democratic, transparent, and effective and has contributed to the expansion and
development of the Union.
THE TREATY OF NICE
The Treaty of Nice is an
important treaty signed in 2001 and came into force in 2003. The Treaty was
designed to make the European Union more efficient and prepared for future
expansion. The Treaty of Nice was the fifth significant Treaty of the EU signed
by the then 15 member states. The Treaty aimed to reform the EU's institutional
structure to ensure that it could function effectively with a more significant
number of member states. The Treaty introduced a range of changes to the
decision-making processes of the EU, including the number of votes required to
pass legislation, the size of the European Commission, and the number of
members of the European Parliament.
One of the most
significant changes introduced by the Treaty of Nice was introducing the
"double majority" voting systemxvi. This system meant that
a decision could only be made if it was supported by a majority of member
states, representing at least 55% of the EU's population. This change was
designed to give more weight to the votes of larger member states, while still
ensuring that smaller member states had a voice in the decision-making process.
The Treaty of Nice also introduced changes to the composition of the European
Commission. The number of Commissioners was limited to one per member state,
but each Commissioner would have the right to vote. This change was designed to
ensure that the European Commission remained Representative of all member
states while still being efficient and effective.
The Treaty of Nice also increased the
powers of the European Parliament, particularly concerning the EU's budget. The
Parliament was given the power to amend the EU's budget and to approve or
reject the appointment of the President of the European Central Bank. The
Treaty was also significant for its impact on the enlargement of the EU. The
Treaty set out the conditions for the accession of new member states, including
the membership criteria and the negotiation process. On the other hand, the
Treaty of Nice did not address the derogation regarding the European Court of
Justice.xvii
However, subsequently and
apparently due to the unsuccessful ratification process for the Constitutional
Treaty,xviii the Commission proposed a separate decision to adapt
the European Court of Justice provision.xix But, this proposal was
not accepted by the Council and remained an issue to be addressed in future
Treaty reform. Overall, the Treaty of Nice was an essential step towards
reforming the EU's institutional structure and preparing it for future
expansion.
The Treaty introduced a
range of changes to the EU's decision-making processes, the European
Commission's composition, and the European Parliament's powers. The Treaty also
significantly impacted the EU's enlargement, setting out the conditions for the
accession of new member states.
In conclusion, the Treaty of Nice was
a vital treaty that made significant changes to the institutional structure of
the European Union. The Treaty aimed to make the EU more efficient and better
prepared for future expansion and introduced a range of changes to the
decisionmaking processes, the composition of the European Commission, and the
powers of the European Parliament. The Treaty of Nice was a significant
milestone in the history of the European Union and has contributed to the
continued growth and development.
THE TREATY OF LISBON
The Treaty of Lisbon is a
significant treaty signed in 2007 and came into force in 2009. The Treaty was
designed to streamline the decision-making process of the European Union and to
make the EU more efficient and effective. The Treaty of Lisbon was the sixth
central Treaty of the EU and was signed by all 27 member states of the EU at
the time. The Treaty introduced a range of changes to the institutional structure
of the EU. One of the most significant changes was the introduction of the
"ordinary legislative procedure," also known as
"co-decision." This procedure gave the European Parliament equal
legislative power with the Council of the European Union, making the EU more
democratic and transparent.
Concerning the external
dimension of the rule of law, two additional changes introduced by the Lisbon
Treaty are worth noting: Concerning candidate countries, by increasing the
number of values on which the EU is founded, the Lisbon Treaty formally
reinforced the conditions of eligibility for accession to the EU. Candidate
countries also became subject to a new obligation to demonstrate their
commitment to promoting them.xx The Treaty of Lisbon also introduced
changes to the number of votes required to pass legislation. This change meant
that most member states representing at least 65% of the EU's population would
be required to pass legislation. This change was designed to give more weight
to the votes of larger member states while still ensuring that smaller member
states had a voice in the decision-making process.
The Treaty of Lisbon also introduced
the position of a permanent President of the European Council. This position
was created to ensure that the EU could better deal with major global issues
and provide more continuity and stability in the EU's decision-making process.
Another significant change introduced by the Treaty of Lisbon was the creation
of the High Representative of the Union for Foreign Affairs and Security
Policy. This position was created to ensure the EU had a more coordinated and
practical approach to foreign policy. The impact of expanding the
Court'sCourt's jurisdiction has also been modest in the first six months after
the Treaty of Lisbon entered into force.xxi
Further, to remedy the
EU's "rule of law deficit,"xxii the Treaty of Lisbon also
introduced several changes which primarily aimed to deal with many
jurisdictional "black holes" in respect of measures relating to the
Common foreign and security policy (CFSP) and the Area of freedom, security,
and justice (AFSJ)xxiii. The Treaty also introduced changes to the
EU's judicial system, including creating the European Public Prosecutor's
Office. This office was designed to investigate and prosecute crimes against
the EU's financial interests.
Overall, the Treaty of Lisbon was an
important step towards reforming the EU's institutional structure and making
the EU more efficient and effective. The Treaty introduced a range of changes
to the EU's decision-making processes, the European Council's composition, and
the European Parliament's powers. The Treaty also significantly impacted the
EU's foreign policy and judicial systems. In conclusion, the Treaty of Lisbon
was a significant treaty that made significant changes to the institutional
structure of the European Union. The Treaty aimed to make the EU more efficient
and effective. It introduced a range of changes to the decisionmaking
processes, the European Council's composition, and the European Parliament's
powers. The Treaty of Lisbon was a significant milestone in the history of the
European Union and has contributed to its continued growth and development.
CONCLUSION
In conclusion, the evolution
of the European Union's legal framework from the Treaty of Rome to the Lisbon
Treaty has been a complex and dynamic process that has fundamentally
transformed the nature of the EU and its legal system. The Treaty of Rome,
signed in 1957, established the European Economic Community and set the stage
for greater integration and cooperation among European nations. Over the next
few decades, a series of additional treaties were signed, each building upon
the previous one and expanding the scope and powers of the EU.
The Maastricht Treaty of
1992 marked a turning point in the evolution of the EU's legal framework,
creating the European Union as a political and economic union and introducing a
range of new policy areas, such as foreign and security policy, justice and home
affairs, and citizenship rights. The subsequent Amsterdam, Nice, and
Constitutional Treaties further refined and clarified the legal framework while
also grappling with institutional reform issues and the balance of power among
EU member states. The Lisbon Treaty, signed in 2007, represented the most
significant reform of the EU's legal framework in decades, streamlining
decisionmaking processes, strengthening the role of the European Parliament,
and increasing the powers of the European Commission. The Lisbon Treaty also
created a more coherent and consistent legal framework for the EU,
consolidating the various treaties and protocols developed over the previous
decades.
Overall, the evolution of
the EU's legal framework has been driven by a combination of political,
economic, and social factors and the desire to create a more unified and
integrated Europe. While the process has been challenging and, at times,
controversial, it has ultimately helped to create a more effective and
responsive EU that can better address the complex challenges facing Europe and
the world today. As the EU continues to evolve and adapt to new circumstances,
its legal framework will undoubtedly play a critical role in shaping its
future.
i
Treaty Establishing the European Community, February 7, 1992, UJ (C224) 1
(1992), [1992] 3 CMLR 573 (1992) ii Francis G. Jacobs, Judicial
Dialogue and the Cross-Fertilization of Legal Systems: The European Court of
Justice,
38
TEx. INT'L LJ 547, 550 (2003) iii BERMANN, supra note 1, at 58
("Article 220 (ex 164) of the EC Treaty gives the Court the responsibility
for 'ensur[ing] that the interpretation and application of this Treaty the law
is observed.
iv
“India?: KDHP’s R&D Lab
Makes Significant Achievements.” MENA Report, Albawaba (London) Ltd., Feb.
2015, p. n/a.
v
Villefranche-sur-Mer -
Wikipedia. https://en.wikipedia.org/wiki/Villefranche-sur-Mer vi
“EU Top Official Calls for Harmonized Ethics Rules.” Florida Times Union,
Florida Times Union, 13 Dec. 2022, p.
B-2.
vii
The Effect of The Lisbon
Treaty on The European Union - The Uni Tutor.
https://www.theunitutor.com/effectlisbon-treaty-european-union/
viii
The UK's decision to leave
the EU - BBC Bitesize. https://www.bbc.co.uk/bitesize/guides/zjyhbdm/revision/2 ix
The Effect of The Lisbon Treaty on The European Union - The Uni Tutor. https://www.theunitutor.com/effectlisbon-treaty-european-union/ x
Parliament v Council (EC-US Public procurement) (C-360/93) [1996].
xi European
Council Conclusions of 21-22 June 1993, SN 180/1/93 REV 1, Copenhagen, 21-22
June 1993.
xii Article
49 of the Treaty on European Union xiii L. Pech, "The EU as a
global rule of law promoter: the consistency and effectiveness challenges"
(2016) 14 Asia Europe Journal 7.
xiv
“Cyprus?: House President Sends Letter of Congratulations to Re-Elected
President of the European Parliament.” MENA Report, Albawaba (London) Ltd.,
July 2014, p. n/a. xv EUR-Lex - european_parliament - EN - EUR-Lex. https://eur-lex.europa.eu/EN/legalcontent/glossary/european-parliament.html xvi
Marrs, Colin. “What New Design Guidance Means for Planners.” Planning,
Haymarket Business Publications Ltd., Nov. 2019, p. 9. xvii H
Labayle, 'Les nouveaux domaines d'intervention de la Cour de justice: l'espace
de liberté, de sécurité et de justice' in M Dony and E Bribosia (eds), L'avenir
du système juridictionnel de l'Union européenne (Université de Bruxelles, 2002)
74-75.
xviii
M Dougan, 'The Convention's Draft Constitutional Treaty: Bringing Europe Closer
to its Lawyers?'
(2003) 28 ELRev 792
and J-V Louis, 'La fonction juridictionnelle de Nice à Rome' (2003) JTDroit Eur
262.
xix
Adaptation of the provisions of Title IV of the Treaty establishing the
European Community relating to the jurisdiction of the Court of Justice with a
view to ensuring more effective judicial protection, COM(2006) 346. xx
“Any European State which respects the values referred to in Article 2 and is
committed to promoting them may apply to become a member of the Union. [...]” xxi
Only five (non-civil law) JHA cases were referred to the Court: On immigration
and asylum law: Case C-69/10 Diouf, pending, and Cases C-188/10 and C-189/10
Melki and Abdeli, 22 June 2010; on criminal law: Case C-1/10 Salmeron Sanchez,
and Case C-264/10 Kita, both pending; and on both asylum law and criminal law:
Case C-105/10 PPU Gataev and Gataeva, withdrawn. See also Case C-550/09 E and
F, 29 June 2010, on the parallel issue of criminal prosecution for breach of EU
anti-terrorist sanctions legislation. xxii "The Pre-Lisbon rule
of law gaps" and the Lisbon Treaty answers to the EU's "rule of law
deficit," see L. Pech, "'A Union Founded on the Rule of Law,' op.
Cit. xxiii “Lithuania,United Kingdom?: The Mandate for the EU’s
Negotiations with the United Kingdom for a Transitional Period Has Been
Approved.” MENA Report, Albawaba (London) Ltd., Jan. 2018.
Article Information
EVOLUTION OF THE EUS LEGAL FRAMEWORK: FROM THE TREATY OF ROME TO THE LISBON
Authors: NABEEL MOOTHEDATH, CHINDULURI HARIKA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/11
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.