Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For (...) this purpose the author firstly considers the context of the exclusion of CFSP matters from the ECJ jurisdiction, including discussions on the issue at the European Convention, and, secondly, takes a closer look at the separate heads of jurisdiction over which the Court is competent to act after the entry into force of the Lisbon Treaty. A conclusion is made that the Lisbon Treaty did not introduce significant changes to ECJ jurisdiction. Similarly to the pattern of previous amendment treaties, the Lisbon Treaty again gave recognition to the practice of the ECJ on relevant questions. Nonetheless, the amendments made by the Lisbon Treaty should be welcome for introducing more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the European Union. (shrink)

After coming into force of the Treaty of Lisbon it is acknowledged that better control and respect of the principle of subsidiarity is one of the most important and innovative goals of the Treaty. To achieve this goal, the Treaty introduces a mechanism which, apart from checking compliance of draft legislative acts with that principle, may eventually lead to a draft act to be deleted from the legislative agenda of the European Union on grounds of violation (...) of subsidiarity. Within this mechanism, crucial role is attributed to the national parliaments of the Member States. In this article, the reasons for overall inclusion of national parliaments in the European Union (hereinafter EU, the Union) activities are analysed. The role of national parliaments in the EU according to the specific provisions of the EU treaties is also discussed and the largest part of the work is devoted to the ex ante subsidiarity principle control mechanism (the Early Warning System), which gives the right for the national parliaments to influence the EU legislative process. (shrink)

U radu se analizira institucionalizacija ideje evropskog gradjanina u promenama sadrzanim u Lisabonskom Ugovoru. Zakljucak je da promena ima u odnosu na vazece dokumente koji tvore EU, da se one najbolje mogu razumeti preko 'pragmatickog modela' analize individualnog i grupnog identiteta i da one impliciraju uvecanje demokratskog potencijala kategorije evropskog gradjanina.

This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other hand. (...) In addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

The Lisbon Treaty’s ratification is complete. This article makes two related claims, one ethical, the other empirical. First, the EU should now be developed with the aim of making it a (more) just institution; and second, the amendments to the Treaties now introduced provide the constitutional inspiration so that the EU can so develop. In particular, there is a prospect for appropriate standards of justice to be applied in part through a revised philosophy of EU law. The article (...) argues that a human rights based approach to values, although not without its difficulties, provides the least divisive and most effective means of achieving this revision. (shrink)

Este trabalho, uma das primeiras obras dedicadas ao significado do Tratado de Lisboa (2007) nas suas vertentes política, histórica e jurídica, constitui não apenas uma reflexão clara e bem fundamentada sobre o seu objecto (o que já seria notável dada a sua complexidade e ainda relativa novidade) mas serve ainda ao leitor, especialista ou não nas matérias da União Europeia, como um guia para a análise do Tratado de Lisboa e do processo que lhe deu origem, a falhada «Constituição Europeia», (...) a d... (shrink)

The paper offers a survey of the debate on the introduction, in the Preamble of the Treaty establishing a Constitution for Europe, of references to God and Europe’s Christian tradition. It examines the question of European identity and values which motivates these proposals in relation to (1) the nature of the EU as an essentially political construction; (2) the issue of human rights in the EU; (3) the protection of cultural and religious diversity within the EU. The study shows (...) that the confessionalization of Europe promoted by strong churches on the Continent, which are legitimate actors of civil society, betray a failure to understand the logic of the European construction. To the extent to which they represent an attempt to secure a privileged position with respect to other religious or non-religious actors, they run against the functional principles and values of the Union. (shrink)

This book is a selection of papers from a conference which took place at the University of Keele in July 1982. The conference was an extraordinarily enjoyable one, and we would like to take this opportunity of thanking all participants for helping to make it so. The conference was intended to allow scholars working on different aspects of symbolic behaviour to compare findings, to look for common ground, and to identify differences between the various areas. We hope that it was (...) successful in these aims: the assiduous reader may judge for himself. Several themes emerged during the course of the conference. Some of these were: 1. There is a distinction to be made between those symbol systems which attempt, more or less directly, to represent a state of affairs in the world (e. g. language, drawing, map and navigational skill) and those in which the representational function is complemented, if not overshadowed, by properties of the symbol system itself, and the systematic inter-relations that symbols can have to one another (e. g. music, mathematics). The distinction is not absolute, for the nature of all symbolic skills is, in part, a function of the structure of the symbolic system employed. Nonetheless, this distinction helps us to understand some common acquisition difficulties, such as that experienced in mathematics, where mental manipulation of symbols can go awry if a child assumes too close a correspondence between mathematical symbols and the world they represent. 2. (shrink)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe (...) is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

This chapter analyzes European social policy as a test case to comment on both the originality and the weakness of a unique supranational legal order, such as the one created in 1957 with the Treaty of Rome. Regulatory measures in social policy, related to equal treatment, nondiscrimination, and working conditions were implemented via hard law measures aiming at the harmonization of standards. The chapter also looks at the latest innovations in social policy brought about by the Lisbon (...) class='Hi'>Treaty. Article 3 of the Treaty on European Union (TEU) mentions full employment among the objectives to be pursued in a social market economy. The economic and financial crisis has accentuated the problems of supranational coordination versus national initiatives and has given rise to exceptional austerity actions that have departed from the methods provided for in the treaty. (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 st1:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} In order to see whether there is a common European model that gives a place to religion in the public sphere two issues have to be taken into account: first, if there is a theory of secularization that accurately describes the current situation of European societies and second (...) if, there is a European model on Church – State relationship. The first part is dedicated to the different accounts on secularization that may be applied to European countries: the classical Weber theory that view secularization as an “iron law” of any society, the institutional secularization, secularization as the decline and adequacy of religious practice, the continuation of the classical theory in the 60’s and beyond, the criticism of this theory and the particular argument of the increase of fundamentalist religious movements. The attempts to formulate new theories on secularization based on other assumptions than the classical one are also presented. The increased presence of religion in private life does not mean a decrease of religion in the public space but rather a new definition of it. Despite the different intensity of belief in national terms, some trends like “believing without belonging” are common, meaning that secularization could have a single meaning in Europe, apart from other continents. The second part starts with presenting the three types of Church - State relationship at the national level. All these have in common the fact that the state is neutral towards religious subjects, a religious subsection is singled out within the public sphere and the state has the right to intervene in this area only as an arbiter. There is already a European law on religion and this statement is supported by examples from the Lisbon Treaty, The Charter of Fundamental Rights, different Directives and decisions of the European Court of Justice. Common rules on religion agreed at the European level helps better to understand why there is a common European model on religions, different from the national models. After taking into account the two aspects described above, a common European model on religion in the public sphere emerges as a necessary conclusion. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the (...) ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

The ageing society poses significant challenges to Europe’s economy and society. In coming to grips with these issues, we must be aware of their ethical dimensions. Values are the heart of the European Union, as Article 1a of the Lisbon Treaty makes clear: “The Union is founded on the values of respect for human dignity…”. The notion of Europe as a community of values has various important implications, including the development of inclusion policies. A special case of exclusion (...) concerns the gap between those people with effective access to digital and information technology and those without access to it, the “digital divide”, which in Europe is chiefly age-related. Policies to overcome the digital divide and, more generally speaking, e-inclusion policies addressing the ageing population raise some ethical problems. Among younger senior citizens, say those between 65 and 80 years old, the main issues are likely to be universal access to ICT and e-participation. Among the older senior citizens, say those more than 80 years old, the main issues are mental and physical deterioration and assistive technology. An approach geared towards the protection of human rights could match the different needs of senior citizens and provide concrete guidance to evaluate information technologies for them. (shrink)

In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the (...) parameters of this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data. (shrink)

The ageing society poses significant challenges to Europe’s economy and society. In coming to grips with these issues, we must be aware of their ethical dimensions. Values are the heart of the European Union, as Article 1a of the Lisbon Treaty makes clear: “The Union is founded on the values of respect for human dignity…”. The notion of Europe as a community of values has various important implications, including the development of inclusion policies. A special case of exclusion (...) concerns the gap between those people with effective access to digital and information technology and those without access to it, the “digital divide”, which in Europe is chiefly age-related. Policies to overcome the digital divide and, more generally speaking, e-inclusion policies addressing the ageing population raise some ethical problems. Among younger senior citizens, say those between 65 and 80 years old, the main issues are likely to be universal access to ICT and e-participation. Among the older senior citizens, say those more than 80 years old, the main issues are mental and physical deterioration and assistive technology. An approach geared towards the protection of human rights could match the different needs of senior citizens and provide concrete guidance to evaluate information technologies for them. (shrink)

The ageing society poses significant challenges to Europe’s economy and society. In coming to grips with these issues, we must be aware of their ethical dimensions. Values are the heart of the European Union, as Article 1a of the Lisbon Treaty makes clear: “The Union is founded on the values of respect for human dignity…”. The notion of Europe as a community of values has various important implications, including the development of inclusion policies. A special case of exclusion (...) concerns the gap between those people with effective access to digital and information technology and those without access to it, the “digital divide”, which in Europe is chiefly age-related. Policies to overcome the digital divide and, more generally speaking, e-inclusion policies addressing the ageing population raise some ethical problems. Among younger senior citizens, say those between 65 and 80 years old, the main issues are likely to be universal access to ICT and e-participation. Among the older senior citizens, say those more than 80 years old, the main issues are mental and physical deterioration and assistive technology. An approach geared towards the protection of human rights could match the different needs of senior citizens and provide concrete guidance to evaluate information technologies for them. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU Member States, as (...) well as possible solutions to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

The date 23 June 2016 brought in front of the United Kingdom and the European Union a very serious challenge named Brexit. In the June 23, 2016 referendum, the British voted to leave one of the most unique international organizations in the world, thus putting the EU in front of the UK’s request for the activation of Article 50 of the Lisbon Treaty, which the EU is facing for the first time. Brexit is opening new chapters in the (...) history of the UK, while the EU is engaging with the procedures of the voluntary withdrawal of an important member state, which is known about its high political and military role in the world. Some experts of international relations and European studies say that Brexit will have much more consequences for the UK, some for the EU, but truth is that Brexit will be accompanied with many consequences for both of its protagonists. Its risks are very serious so they may result with the dissolution of the UK. Meanwhile, the increase of euroscepticism within the EU’s member states, with particular emphasis the presence of Eurosceptic voices in its most important members is at a very worrying level. Based on these facts, the knowledge about the real meaning of Brexit is necessary. Therefore, the main focus of this research lies in the classification of the main political consequences of Brexit for the UK and the EU. (shrink)

Recent programs aimed at the independent living of persons with disabilities, allow them to be costumers of sectors in which they have never had full access in the past. The Lisbon Treaty has distinctly recognized the existence of a community tourist area within the primary law, and CRPD has defined the principles of accessibility and accessible tourism as tools for the inclusion. In addition, tourism and transportation stakeholders must guarantee non-discriminatory services; they must approach persons with disabilities as (...) every other customer, by taking in consideration their needs and rights, especially when it comes to their accessibility, assistance, and information. Companies of transportation must cooperate with DPOs in order to define disability-related training procedures. (shrink)

This chapter first outlines the general evolution of the European Union's (EU) decision‐making regime. The pattern of EU decision making has traditionally varied across policy fields to a degree that is unknown in the national constitutional law of its member states, where laws and administrative rules are usually made according to fairly standard procedures covering all policy areas. Such policy‐related variation has been a constant feature throughout the history of European integration. The chapter then examines EU legislative decision making, and (...) reviews administrative rule making by the EU institutions. The chapter then describes other relevant forms of decision making in the European Union. Finally, it shows how successive revisions of the European treaties such as Single European Act, Treaty of Maastricht, Treaty of Amsterdam, Treaty of Nice, and Treaty of Lisbon have incrementally modified the decision‐making regime of the European Union. (shrink)

The legal regime of the Economic and Monetary Union (EMU) is differentiated in two ways. While the rules on economic union apply with few exceptions to all member states, most Treaty provisions on monetary union are applicable only to those member states that have introduced the common currency. The Treaty on the Functioning of the European Union (TFEU) establishes a system of overlapping competences consisting primarily of measures adopted by the member states. During the initial phase of the (...) European Economic Community (EEC), exchange‐rate fluctuations or flexible exchange rates obstructed the development of a workable capital market. The Treaty of Lisbon provides that the European Union is to establish a monetary union whose currency is the euro. The TFEU provides for institutional and procedural mechanisms aimed at protecting the stability of the common currency. The euro has become a stable and internationally recognized currency. (shrink)

The scope of European Union competence was central to the reform process that culminated in the Lisbon Treaty. The Lisbon Treaty competence provisions borrowed heavily from those in the Constitutional Treaty. Some provisions are contained in the Treaty on European Union (TEU), but the detailed schema is in the Treaty on the Functioning of the European Union (TFEU). Article 2 TFEU is the foundational provision, setting out the categories of competence and the consequences (...) that flow from them. Article 2(1) TFEU establishes the category of exclusive competence, which carries the consequence that only the Union can legislate and adopt legally binding acts. Article 2(2) TFEU defines shared competence. The treaty schema for competence in Article 2 TFEU is premised on the ascription of legal consequences for EU and member state power as the result of coming within a particular category. Article 5 TFEU is an exception in this respect. (shrink)

This chapter reexamines the case law of the Court of Justice of the European Union (CJEU) through the prism of the modern structure of the foundational treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Lisbon Treaty has reshaped the structure of the positive law of the EU, marking a new stage in the process of creating a closer union. For EU procedural law, (...) this has led to the formal establishment of three focal points which reflect the issues involved. At one extreme, are general principles of EU law, which have constitutional status including the general principle of effective judicial protection. In the middle of the spectrum are two provisions which recognize the balancing of national and EU interests required at the procedural level. Finally, the treaties recognize the possibility for substantive regulation at the EU level. (shrink)

This chapter presents an analysis of complex constitutional framework, examining institutional developments brought about by the Maastricht and Amsterdam Treaties and by focusing in particular on the major institutional changes brought about by the entry into force of the Lisbon Treaty. It illustrates how European integration in criminal matters has been organized over time. The chapter examines the extent of European Union (EU) competence to harmonize national legislation in the field of substantive criminal law and European integration in (...) criminal matters via the application of the principle of mutual recognition to criminal law and justice. It then explores harmonization of criminal procedure in order to facilitate the operation of mutual recognition and European integration via delegation, by an examination of the powers and interrelationship between various EU bodies and agencies in the field of criminal justice. The chapter describes the external dimension of EU action in criminal matters. (shrink)

This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels of full or partial (...) harmonization of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. (shrink)

The present article analyses the issues of the legal definition of the European Union. It has been noticed a while ago that the EU has outgrown the “gown” of a typical international organisation and that it has acquired some features specific to a State-like entity. It is no coincidence that some authors accentuate that the EU is a specific, unconventional international organisation, some – that it is an entity, very similar to a State (an incomplete federation, a post-modern State), others, (...) not being satisfied with the traditional distinction between an international organisation and a State, are trying to develop the third category, calling the EU sui generis organisation or supranational organisation. The arguments concerning the EU model of integration continue even after the Treaty of Lisbon entered into force. Not being able to fit this legal phenomenon into the usual typological scheme we need to consider the development of a new theory enabling to define the new phenomenon. The definition of this kind of category meets several obstacles: it is a unique legal phenomenon, it is constantly changing and, furthermore, the hybrid nature of the Union induces to qualify the EU following either the criteria of international or of national constitutional law while elaborating the abovementioned synthetic category. (shrink)

The aim of the Directive 2005/29 on unfair commercial practices is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by way of approximation of the laws, regulations and administrative provisions of Member States relating to the elimination of these practices. As announced to the European Commission’s Green Paper, the Commission felt that the existing regulations in the Member States in that the regard to show significant differences causes legal uncertainty and (...) barriers to the operation of the internal market, including building consumer confidence in cross-border transactions. The advantage of the full unification of the law is to strengthen the autonomy of Community law, the achievement of effectiveness. It is questionable whether it is due to the subject matter which is the maximum harmonization discussed act will actually serve to protect economic interests of the consumer. In particular, it undermines the treaty-legal basis, which clearly is aimed at strengthening the single market. Also changes in the Lisbon Treaty, particularly Article 3 TEU, are aimed at establishing the internal market. In the last judgments, like on 9 November 2010 we find that Directive 2005/29 must be interpreted as precluding a national provision, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives. Does the new act in consequence of the implementation of the national member states give great scope for the flexible operation and may become an effective instrument of pressure to improve business practices? (shrink)

The system of the European Convention on Human Rights created in 1950 is still regarded as the most important and effective regional system for the protection of human rights in the whole world. However, the experience of the European Court of Human Rights (ECHR) has clearly showed that the steady growth in the number of cases brought before the ECHR makes it increasingly difficult to keep the length of proceedings within the acceptable limits and to maintain the effectiveness of the (...) ECHR. This aspect is becoming extremely important due to the fact that the European Union (EU) will join the Convention system in the near future. The legal basis for the EU accession to the Convention system has been made possible after the entering into force of the EU Lisbon Treaty on 1 December 2009, and, from the Convention’s perspective, the new Protocol No. 14 to the Convention, which entered into force on 1 June 2010, and which, in Article 17 (amending Article 59 of the Convention), stipulates that the EU may accede to this Convention. (shrink)

The Netherlands and Belgium are European Union (EU) states with a shared border and cultural similarities. Article 13 of the EU Treaty of Lisbon recognises animals as sentient beings. EU laws protect animal welfare and conservation, and member states can implement more stringent legislation. Political salience refers to the extent to which citizens are concerned about political issues. Issue salience can be measured by assessing references to animal protection in party political manifestos. This research analyses the political salience (...) of animal protection in the Netherlands and Belgium. It analyses over 2600 statements on animal protection in Dutch (2012–2021) and Belgian (2010–2019) party manifestos across three consecutive national elections. Quantitative analysis reveals that in both the Netherlands and Belgium, animal protection became more salient during successive elections, with the total number of positive statements increasing and the total number of negative statements decreasing. Farmed animal welfare and wildlife/biodiversity were the most salient issues, although the focus in countries and regions differed. Dutch parties and those in the Walloon region of Belgium focused on farmed animal health and unnecessary suffering; Flemish parties stressed intensive agriculture and animal welfare. In Belgium, wildlife/biodiversity statements stressed the protection of local species; Dutch statements were strongly linked to agriculture. In both the Netherlands and Belgium, left-wing parties had more progressive policy statements, whilst right-wing parties prioritised economic prosperity over animal protection. This research provides the first academic analysis of animal protection policies in political manifestos in the Netherlands and Belgium. (shrink)

The very idea of the draft European Union (EU) Constitutional Treaty was reexamined after the failed French and Dutch referendums and the Treaty of Lisbon (also known as the Reform Treaty) was drafted and entered into force on 1 December 2009 after it’s ratification by all 27 member states. The traditional notion of a Constitution as a national legal document establishing the social contract and a moral minimum for a particular socially unified group still prevails in (...) legal and political thinking. Indeed, the European Union has some constitutional elements, but absence of the so called ‘European demos’ prevents us from recognizing the founding treaties as a real ‘European constitution’ in the proper sense of the word. The author agrees with the decision to exclude the term ‘Constitution’ from the title and contents of the new Reform Treaty. The author also suggests that softer terms, like ‘European constitutional order’ and ‘European Constitutionalism’ might better reflect the scope of contemporary European integration than the term of ‘a Constitution for Europe’. A rethinking of the ‘constitutional core’ of the Lisbon Treaty was inspired following the so-called Lisbon judgments of Czech, Latvian and German constitutional courts. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The defeat of the Constitutional Treaty by French and Dutch voters in 2005 and the following stalemate of the Lisbon Treaty have sparked a soul-searching process for European constitutional scholarship. Among the numerous academic efforts devoted to contemplating the future of European constitution, Michelle Everson and Julia Eisner's The Making of a European Constitution: Judges and Law Beyond Constitutive Power deserves a close look. Everson and Eisner argue for a postconstituent view of European constitutionalization, which they call (...) ‘Rechtsverfassungsrecht’. Departing from the myth of the constituent power, they interpret the development of a European constitution as a self-creating process by which the ordinary legal system gives itself a set of core values and thereby remakes itself into a constitutional order. Moreover, against the criticisms of juridification, they defend this lawyer-centred process of European constitutionalization as incorporating politics into the daily operation of the legal system. Engaging with Everson and Eisner's argumentation, I argue that their account of European constitutional development does not so much put out a realist theory of the EU constitutionalization as sets out a realist academic lawyering for the next round of European constitutional politics, which is shared among European constitutional scholars. Contrasting this community-based legal profession in Europe with the situation of epistemic pluralism in American jurisprudence, in this article I observe that a lawyer-centred European constitutional theory as Everson and Eisner's book illustrates is premised on an inherited consensus that has held a European legal profession together. However, this lawyer-centred account of European constitutionalization presumes either the projection of a professional community onto a Europe-wide civic culture or the self-appointment of legal professionals as the fiduciary of the citizenry. Each is a fiction, however. This fictional character of the legalist-constructivist strategy to European constitutional politics is the underlying cause of the dilemma facing European constitutional ordering. (shrink)

Is the dream of EU endangered? This book reviews classic and modern values and virtues, and uses them in order to rethink Europe's present politics and its future. The idea of the Republic was born with the political ethics of ancient Greece. The current international crisis obliges Europe to face the mirror of truth: What has become of the European Idea and how fares the European Constitution? It has been a long road from the Greek Politeia to the present lack (...) of values and financial monomania in Europe, who seems to have lost any harmony between the spirit, the soul and the body of her Constitution: the will and values of the people (material constitution), the text of the Lisbon Treaty (formal constitution) and its current political interpretation and action (real constitution), making Europe a two-tier or three-tier club, far from the dream of the founding fathers. Without republican values and virtues, and failing to uphold the European social model, the European Union would devolve into moral, social and democratic bankruptcy. (shrink)

In the controversy on the philosophical foundations of quantum mechanics Whitehead's philosophy of organism has an essential place. But its realistic position invalidates any attempt to relate it to the School of Copenhagen's “orthodox interpretation”. Unlike, the Eurhythmic Physics developed by the Lisbon School has notable theoretical tunings with Whitehead's philosophy. In both, the notion of passive matter disappears; entities are understood as ecstatic process of becoming arising from a continuum of potentialities; and they achieve physical persistence grace to (...) a set of synergistic interactions among their own regimes of rhythmical activity. The principle of Eurhythmy proposed by Prof. Croca then appears as the hypothesis, in contemporary theoretical physics, corresponding to the organicist vision of a universe in a developmental process of realization of the abstract potentiality of all possible worlds: a universe that, as a living organism, should be described as guided by an immanent teleological principle. (shrink)

Future global food insecurity due to growing population as well as changing consumption demands and population growth is sometimes suggested to be met by increase in aquaculture production. This raises a range of ethical issues, seldom discussed together: fish welfare, food security, human health, climate change and environment, and public concern and legislation, which could preferably be seen as pieces in a puzzle, accepting their interdependency. A balanced decision in favour of or against aquaculture needs to take at least these (...) issues into consideration. It is further argued that in the parallel discussion on increased livestock production animal welfare is an inevitable element both in relation to current legislation in many countries but also in relation to our perception of moral, whereas awareness of fish welfare is low. Both EU legislation and labelling concerning fish is mainly limited to environmental aspects. It is argued that EU shows a split perception of fish, on the one hand acknowledging scientific evidence of fish capacities but on the other excludes fish from detailed legislation. Combining the claim of the Treaty of Lisbon to pay full regard to animal welfare and scientific evidence fish are sentient it is concluded that fish welfare need to be considered in any farming practice and any ethical consideration of increased aquaculture. This might be facilitated taking a basis in our own vulnerability and interdependence, combined with moral responsibility to show sentient beings a ‘loving kindness’—an extension of Cora Diamond’s argument regarding mammals. (shrink)

The European Council called for a period of reflection in each of the member states of the European Union (EU) after the people of France and the Netherlands rejected the Constitutional Treaty in referendums in 2005. The present article offers a contribution to this process by reflecting on the prospects for institutional design and redesign in the EU, a topic that became even more relevant after the Irish ?no? to the Lisbon Treaty in June 2008. The discussions (...) are based on a historical perspective, and the article discusses what lessons can be drawn from Jean Monnet, viewed as an institutional designer on the European stage. The article argues that the successful establishment of the European Coal and Steel Community (ECSC) was a product of a robust deontological design in a constitutional moment for Europe, and that prospective designers in the EU can learn important lessons from how Monnet identified and exploited available spaces for institutional design. (shrink)