Is the European Legislator after Lisbon a Real Legislature?
Legislacao Cadernos de Ciencia de Legislacao, No. 50, pp. 391-413, December 2009
17 Pages Posted: 23 Feb 2009 Last revised: 12 Aug 2010
Date Written: December 15, 2009
This article questions the nature and character of the amendments the Lisbon Treaty makes to the EU's legislative procedures. Do these changes make for real legislature? If we want to know that, the first question to be addressed is: what actually make for a real legislature? What are the criteria? The paper lists five (competence, parliamentary involvement, binding power, power of conferral of legislative power, power of ratification and primacy). The Lisbon Treaty innovations - creating an 'ordinary' legislative procedure for EU Law, providing instruments and a framework for delegation and implementation - are reviewed using these criteria. The paper concludes that - technically speaking - the Lisbon Treaty does in effect establish a real legislature. If it wants to be a legitimate one, however, it needs to involve the European people and national parliaments more in its operations.
Keywords: European Legislature, Codecision Procedure, Lisbon Treaty, Legislative Procedure, Ordinary Legislative Procedure, Insititutional Balance, Amendment Procedure, Delegation, Implementation, European Parliament, Legitimacy, European Law, Constitutional Law, Lamfalussy Procedure
JEL Classification: K10, K30, K40
Suggested Citation: Suggested Citation