Ratification of the Lisbon Treaty - European Union Reform: Balance and Perspectives Cover Image

Ratifikacija Lisabonskog ugovora - reforma Evropske unije: bilans i perspektive
Ratification of the Lisbon Treaty - European Union Reform: Balance and Perspectives

Author(s): Jelena Ćeranić Perišić
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Transformation Period (1990 - 2010), EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: European Union; Lisbon Treaty; ratification; reform; referendum; entering into force; Charter of fundamental rights;

Summary/Abstract: The paper deals with the procedures of ratification of the Lisbon Treaty and the European Union reform provided by this Treaty. The reform Treaty was signed at the European Council conference in Lisbon on 13th of December 2007 with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action. The treaty has not yet been ratified by all EU member states, as required for it to take effect. After introductory notes with regard to the importance of the EU institutional reform, the author analyses the problems related to the ratification of the Lisbon Treaty. The special attention is paid to the procedures of ratification in the Republic of Ireland and the Czech Republic. After the initial rejection of the Treaty in 2008 by the Irish electorate, a decision was reversed in a second referendum in October 2009. But in the meantime the situation in the Czech Republic became very complicated. On the one hand, the group of senators submitted a complaint to the country’s Constitutional Court calling on it to determinate whether the Lisbon Treaty violates the country’s constitution. The Czech president said that he would not signe the Treaty until the court makes its judgment. The Czech Constitutional Court is expected to deliberate on the matter on October 27. But on the other hand, the Czech president stated that he wanted a Czech opt-out clause for the European Charter of Fundamental Rights before he would provide his signature. The second part of the article is dedicated to the prominent changes provided by the Lisbon Treaty such as: creation of a President of the European Council with a term of two and half years and a High Representative for Foreign Affairs to present a united position on EU policies, increased involvement of the European Parliament in the legislative process through extended codecision with the Council of Ministers, elimination the pillar system, reduction of the number of commissioners, incorporation of The Charter of Fundamental Rights to the Lisbon Treaty. . Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of the entering into force of the Lisbon Treaty by the end of 2009.

  • Issue Year: 2009
  • Issue No: 3
  • Page Range: 7-25
  • Page Count: 19
  • Language: Serbian