The Sources of EU Law in the Light of the Lisbon Treaty Cover Image

Prameny práva EU ve světle Lisabonské smlouvy
The Sources of EU Law in the Light of the Lisbon Treaty

Author(s): Richard Král
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: Lisbon Treaty; sources of EU law; typology of EU legal acts; EU Charter of Fundamental rights; EU legislative process; citizens’ initiative in the EU

Summary/Abstract: Article deals with the impact of the Lisbon Treaty on the broad area of the sources of EU Law. In this respect the article analyses the following issues: a) the impact of the abolition of the pillar structure of the EU on the system of the sources of EU law, b) elevation of the EU Charter of Fundamental rights to the level of EU primary law, c) changes in the typology and hierarchy of EU legal acts, d) changes in the EU legislative procedure, e) locus standi of the individuals to bring actions for annulment of EU legal acts before ECJ. On the basis of the analyses of above mentioned issues, the article comes to conclusion that the changes introduced by the Lisbon Treaty into the broad area of the sources of EU Law could be judged positively. The point is that these changes: a) make the system of the sources of EU law more coherent, b) increase the democratic legitimacy of the EU legislative process, c) introduce desirable order and hierarchy into the typology of EU legal acts, d) give individuals increased say in the EU legislative process, especially through the introduction of the citizens’ initiative.

  • Issue Year: 56/2010
  • Issue No: 3
  • Page Range: 21-31
  • Page Count: 11
  • Language: Czech