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

See all articles by Wim J. M. Voermans

Wim J. M. Voermans

Leiden University - Leiden Law School

Date Written: December 15, 2009

Abstract

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

Voermans, Wim, Is the European Legislator after Lisbon a Real Legislature? (December 15, 2009). Legislacao Cadernos de Ciencia de Legislacao, No. 50, pp. 391-413, December 2009, Available at SSRN: https://ssrn.com/abstract=1347959

Wim Voermans (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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