THE EUROPEAN UNION AFTER THE TREATY OF LISBON This volume of essays casts light on the shape and future direction of the European Union in the wake of the Lisbon Treaty and highlights the incomplete nature of the reforms. Contributors analyse some of the most innovative and most controversial aspects of the Treaty, such as the role and nature of the EU Charter of Fundamental Rights and the relationship between the EU and the European Court of Human Rights. In addition, they reflect on the ongoing economic and financial crisis in the Eurozone, which has forced the EU Member States to reopen negotiations and update a number of aspects of the Lisbon settlement. Together, the essays provide a variety of insights into some of the most crucial innovations introduced by the Lisbon Treaty and in the context of the adoption of the new European Financial Stability Mechanism. diamond ashiagbor is Professor of Labour Law at the School of Oriental and African Studies (SOAS), University of London. nicola countouris is a Lecturer in law and a co-director of the Centre for Law and Governance in Europe at the Faculty of Laws, University College London. ioannis lianos is a Reader in European Union law and competition law and economics at the Faculty of Laws, University College London, where he is also the director of the Centre for Law, Economics and Society and a co-director of the Centre for Law and Governance in Europe.
THE EUROPEAN UNION AFTER THE TREATY OF LISBON Edited by DIAMOND ASHIAGBOR School of Oriental and African Studies, University of London NICOLA COUNTOURIS University College London IOANNIS LIANOS University College London
cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, SãoPaulo,Delhi,MexicoCity Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York Information on this title: /9781107603240 C Cambridge University Press 2012 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2012 Printed in the United States of America A catalogue record for this publication is available from the British Library. Library of Congress Cataloguing in Publication data The European Union after the Treaty of Lisbon / edited by Diamond Ashiagbor, Nicola Countouris, Ioannis Lianos. pages cm Includes bibliographical references and index. ISBN 978-1-107-01757-3 (hardback) ISBN 978-1-107-60324-0 (paperback) 1. Treaty on European Union (1992). Protocols, etc., 2007 Dec. 13 2. European Union Constitution. 3. Constitutional law European Union countries. I. Ashiagbor, Diamond, editor of compilation. II. Countouris, Nicola, 1975 editor of compilation. III. Lianos, Ioannis, editor of compilation. KJE4443.32007.E934 2012 342.2402 dc23 2011051173 ISBN 978-1-107-01757-3 Hardback ISBN 978-1-107-60324-0 Paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Web sites referred to in this publication, and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate.
CONTENTS Introduction page 1 d. ashiagbor, n. countouris and i. lianos 1 The institutional development of the EU post-lisbon: Acaseofplus ça change...? 7 laurent pech 2 Competence after Lisbon: The elusive search for bright lines 47 takis tridimas 3 The Charter, the ECJ and national courts 78 p. p. craig 4 Accession of the EU to the ECHR: Who would be responsible in Strasbourg? 109 tobias lock 5 EU citizenship after Lisbon 136 niamh nic shuibhne 6 The law and politics of migration and asylum: The Lisbon Treaty and the EU 156 sabina anne espinoza and claude moraes 7 The European Union s common foreign and security policy after Lisbon 185 panos koutrakos 8 The European Ombudsman and good administration post-lisbon 210 p. nikiforos diamandouros v
vi contents 9 European contract law after Lisbon 227 lucinda miller 10 Competition law in the European Union after the Treaty of Lisbon 252 ioannis lianos 11 The unexpected revision of the Lisbon Treaty and the establishment of a European stability mechanism 284 jean-victor louis Index 321
THE EUROPEAN UNION AFTER THE TREATY OF LISBON