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EU Law after Lisbon$
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Andrea Biondi, Piet Eeckhout, and Stefanie Ripley

Print publication date: 2012

Print ISBN-13: 9780199644322

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199644322.001.0001

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Lawmaking after Lisbon

Lawmaking after Lisbon

(p.62) 3 Lawmaking after Lisbon
EU Law after Lisbon

Alexander H Turk

Oxford University Press

The changes brought about by the Lisbon Treaty for lawmaking in the EU paradigmatically reflect the pragmatic approach of the drafters of the Lisbon Treaty to maintain the innovations of the (failed) Constitutional Treaty while avoiding its contentious use of constitutional language. The new hierarchy of norms between legislative and non-legislative acts, an innovation of the Constitutional Treaty, is realized in the Lisbon Treaty with the use of the traditional legal instruments of the Rome Treaties, rather than the allegedly controversial nomenclature of the Constitutional Treaty. The lawmaking design of the Union after Lisbon is therefore characterized by a mix of elements of the (old) Rome Treaties and a more ambitious constitutional design elaborated in the Constitutional Treaty. The shift in the institutional balance in favour of the European Parliament as a result of the new regime brings into sharper relief persistent doubts as to its legitimacy and therefore the legitimacy of the lawmaking process as a whole. In addition, it needs to be questioned whether certain new lawmaking features transplanted from national constitutions, such as the category of delegated legislation, to enhance democratic legitimacy in fact undermine the traditional forms of European lawmaking. And indeed many of the more unique, but also contentious, lawmaking features of the Union (open method of coordination, involvement of agencies or private parties in Union lawmaking), which have often developed in the shadow of any treaty provisions have been unaffected by the provisions of the Lisbon Treaty, but would perhaps have deserved greater attention.

Keywords:   lawmaking, developments, EU Law, Lisbon Treaty

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