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  • Author: Janne Salminen
  • Publication Date: 11-2011
  • Content Type: Policy Brief
  • Institution: Finnish Institute of International Affairs
  • Abstract: From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
  • Topic: Security, Foreign Policy, Treaties and Agreements, Law
  • Political Geography: United Kingdom, Europe, Denmark, Lisbon, Ireland
  • Author: Timo Behr, Aaretti Siitonen, Johanna Nykänen
  • Publication Date: 03-2010
  • Content Type: Policy Brief
  • Institution: Finnish Institute of International Affairs
  • Abstract: With the Lisbon Treaty finally ratified, EU attention has now shifted towards the arduous task of implementing the treaty reforms. Central amongst these is a complete overhaul of the existing structures of EU foreign policy-making, providing the EU with a new "double-hatted" foreign policy chief—in the person of Catherine Ashton—and creating the European External Action Service (EEAS). Conceived as the EU's own diplomatic corps, the EEAS has been lauded as a "once in a generation opportunity" that will endow Europe with a greater voice and more influence in international affairs. But setting up the EEAS is proving more difficult than anticipated, with different European actors squabbling over composition and structure of the new institution. This should come as little surprise, given that the precise shape and detailed functions of the EEAS were all left to be negotiated during the implementation phase. Moreover, settling these issues entails more than just some fine-tuning of the EU's institutional structures: it requires a wholesale re-writing of the ground rules of European diplomacy. What is at stake in this process is not only how and by whom EU foreign policy is being made, but the nature and direction of European diplomacy itself.
  • Topic: Foreign Policy, Diplomacy, International Affairs
  • Political Geography: Europe, Lisbon