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European Treaties - Case Study Example

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European Treaties

Lisbon retains the present categories of legislative acts (regulations, directives, decisions),

rather than using the categories of framework decisions, decisions and conventions in the

Constitution5.

The Lisbon Treaty also says explicitly, for the first time, that a country has the right to leave

the European Union, something that has always been so under international law, but which has

not been formally stated in a European Treaty before. In so doing, the Member States of the

European Union have created the largest, and indeed the only, voluntary multinational

democracy in human history6.

Another major change is the procedure for conferring jurisdiction on the European Union

courts to rule on patent disputes between private parties would, in the Reform Treaty, remain

(as at present) unanimity in the Council and national ratification, whereas the Constitutional

Treaty provided for qualified majority voting in the Council and co decision with the European

Parliament7.

The provisions for an 'emergency brake' on certain criminal law measures (allowing a Member

State to block decision-making on criminal procedure or substantive criminal law, where

voting will take place by a qualified majority) would be altered to make it explicit that

European Union leaders must act by consensus if the issue is referred to them. The provision

on social security for migrant workers, which would also be made subject to qualified majority

voting and which also contains a similar emergency brake, would be altered to provide that

European Union leaders could decide not to take action on a proposal; a declaration would also

confirm that the EU leaders must act by consensus if the issue is referred to...
Treaty Of Lisbon: Amendments to the treaty on European Union, House Of Commons Library, 24th January 2008, retrieved on 12th January 2009.
Hilary White, Ireland to Hold Second Lisbon Treaty Referendum: Prime Minister Confirms, Lifesitenews.com, 22nd December 2008, retrieved on 13th January 2009. http://www.lifesitenews.com/ldn/2008/dec/08122202.html ...Show more

Summary

Dimitris N. Chryssochoou, A Treaty without a View A Critique on the Lisbon Accords, EKEM, retrieved on 13th January 2009.
Author : qhayes
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