
European union- it used to comprise three pillars:
-Underlining the specific character of the Common Foreign and Security Policy and the area of Freedom, Security and Justice of the EU Improving the life of Europeans: the Treaty of Lisbon improves the EU's ability to act in several policy areas of major priority for today's Union and its citizens. This is the case in particular for the policy areas of freedom, security and justice, such as combating terrorism or tackling crime. It also concerns to some extent other areas including energy policy, public health, civil protection, climate change, services of general interest, research, space, territorial cohesion, commercial policy, humanitarian aid, sport, tourism and administrative cooperation. Increased security for all: the Union gets an extended capacity to act on freedom, security and justice, which brings direct benefits in terms of the Union's ability to fight crime and terrorism. New provisions on civil protection, humanitarian aid and public health also aim at boosting the Union's ability to respond to threats to the security of European citizens.Europe as an actor on the global stage will be achieved by bringing together Europe's external policy tools, both when developing and deciding new policies. The Treaty of Lisbon gives Europe a clear voice in relations with its partners worldwide. It harnesses Europe's economic, humanitarian, political and diplomatic strengths to promote European interests and values worldwide, while respecting the particular interests of the Member States in Foreign Affairs.
-Confirmation of the qualified majority voting formula in the Council The increase of the number of the areas in which the Council takes decisions by qualified majority voting Effective and efficient decision-making: qualified majority voting in the Council is extended to new policy areas to make decision-making faster and more efficient. From 2014 on, the calculation of qualified majority will be based on the double majority of Member States and people, thus representing the dual legitimacy of the Union. A double majority will be achieved when a decision is taken by 55% of the Member States representing at least 65% of the Union’s population.
-Enhancing protection of the fundamental rights A Europe of rights and values, freedom, solidarity and security, promoting the Union's values, introducing the Charter of Fundamental Rights into European primary law, providing for new solidarity mechanisms and ensuring better protection of European citizens. + The Treaty of Lisbon gives a legal status to the Charter of Fundamental Rights and makes a legal basis for the European Union’s accession to the European Convention for the protection of Human Rights and Fundamental Freedoms. + Democratic values: the Treaty of Lisbon details and reinforces the values and objectives on which the Union is built. These values aim to serve as a reference point for European citizens and to demonstrate what Europe has to offer its partners worldwide. Citizens' rights and Charter of Fundamental Rights: the Treaty of Lisbon preserves existing rights while introducing new ones. In particular, it guarantees the freedoms and principles set out in the Charter of Fundamental Rights and gives its provisions a binding legal force. It concerns civil, political, economic and social rights. Freedom of European citizens: the Treaty of Lisbon preserves and reinforces the "four freedoms" and the political, economic and social freedom of European citizens.
-Enhancing the role of the national parliaments A greater involvement of national parliaments: national parliaments have greater opportunities to be involved in the work of the EU, in particular thanks to a new mechanism to monitor that the Union only acts where results can be better attained at EU level (subsidiarity). Together with the strengthened role for the European Parliament, it will enhance democracy and increase legitimacy in the functioning of the Union.
A stronger voice for citizens: thanks to the Citizens' Initiative, one million citizens from a number of Member States have the possibility to call on the Commission to bring forward new policy proposals.
-The introduction of a team (group) Presidency in the Council of the EU Presidency based on a drafted 18-month joint “team” programme for the three Member States holding Presidency successively- in rotation for a period of 6 months (from 1st January until 30th June and from 1st July until 31st December) for the increase of the continuity in the Council’s work. The “trio of Presidency” is established on the basis of the Council Decision of 1st January 2007 determining the order in which the office of President of the Council shall be held, e.g.: Poland- Denmark- Cyprus.
-Enlarging a catalogue of the EU institutions- now there are seven EU institutions:
— the European Parliament,
— the European Council this institution was finally given a status of a EU institution!
— the Council,
— the European Commission
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors
*There used to be only four: the European Parliament, the Council, the European Commission and the Court of Justice of the European Union.
-Introduction of a Permanent President of the European Council- at the moment Herman van Rompuy (Belgium) informally called “the President of the EU”; it is a principal representative of the European Union (EU) on the world stage, and the person presiding over and driving forward the work of the European Council (“a voice of the European Union”)
-Specifying procedures of amending the primary law of the EU and making them more flexible the Treaty of Lisbon introduced changes in the procedure of the revision of the EU founding treaties
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-Introduction of a new catalogue of the sources of secondary law of the EU- introduction of new types of acts- legislative and non-legislative: delegated, executive. The Treaty of Lisbon classified the sources of secondary law of the EU and specified proceedures of their adoption. This structure comprises:
1.legislative acts (listed in art. 288 TFEU): regulations, directive and decisions adopted by the European Parliament and the Council within two procedures (art. 289 TFEU):
a).ordinary legislative procedure- act is adopted by the European Parliament and the Council acting jointly at the initiative of the European Commission;
b).special legislative procedure- act is adopted by the European Parliament with the participation of the Council or by the Council with the participation of the European Parliament;
2.non-legislative acts:
a).delegated acts- on the basis of the legislative act of the European Commission there can be a transfer of the competence to adopt non-legislative act of a general scope, which supplement or amend some, other than the relevant, elements of the legislative acts;
b).executive acts- issued within the European Commission’s executive powers (in some cases by the Council) if it is necessary to ensure the homogenous conditions for the execution of the legally binding acts of the EU.
TYPES OF EU LAW:
1-Primary law:
1-the founding treaties- they set out the distribution of competence between the Member States and Establish the powers of the EU institutions- they determine the legal framework within which the EU institutions implement their policies,
e.g.:the Treaty on the EU and the Treaty on the functioning of the EU
2-amending EU treaties;
3-the protocols annexed to the founding treaties and the amending treaties;
4-the treaties on new Member States’ accession to the EU.
2-A.Unilateral acts divided into 2 categories:
1-acts listed in Art. 288 of the TFEU:
-regulations;
-directives;
-decisions;
-opinions and recommendations
2-acts not listed in Art. 288 of the TFEU= atypical acts, such as:
-communications and recommendations;
-white and green papers
B.Conventions and Agreements (bilateral or multilateral character):
1-international agreements signed by the EU and a country or outside organisation;
2-agreements between Member States;
3-interinstitutional agreements, i.e. agreements concluded between the EU institutions (Commission and Council of the EU)
3-The supplementary law- enables the ECJ to bridge gaps left by primary and / or secondary law:
1-the case law of the European Court of Justice (ECJ)- its judicial decisions; European precedents;
2-international law- written law + custom + usage = a source of inspiration for the ECJ in the development of its case law;
3-the general principles of law (unwritten sources of law) developed by the case law of the ECJ
*Art. 288 of the TFUE- secondary sources of the EU law:
A regulation- has a general application and is binding in its entirety and is directly applicable in all Member States;
A directive- is binding, as to the result to be achieved, upon each Member State to which it is addressed, but leaves its national authorities the choice of form and methods;
A decision- is binding in its entirety. A decision which specifies those to whom it is addressed is binding only on them;
Recommendations and opinions- have no binding force.
-A strengthened role for the European Parliament: the European Parliament, directly elected by EU citizens, is provided with important new powers regarding EU legislation, the EU budget and international agreements. In particular, the increase of co-decision procedure in policy-making ensures that the European Parliament is placed on an equal footing with the Council, representing Member States, for the vast bulk of EU legislation.
-For the very first time in history of the European integration introduction of a possibility of withdrawal from the European Union case of Greece- will it happen and if yes, will it be the proper solution to the EU economic crisis?
-Introduction of a new High Representative for the Union in Foreign Affairs and Security Policy, also Vice-President of the Commission= at the moment Catherine Ashton (the UK) for the coherence and the visibility of the EU's external action + A new European External Action Service will provide back up and support to the High Representative.