Here is the exact sentence to lissbon - contract from today - Part: - 2 -!
Lisbon - Verdict: - Part - 2 -!
Continued:
11th)
- A - Already with the conclusion and entry into force of the Treaty of Amsterdam amending treaty was therefore another deems necessary. This came about as the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts (the Treaty of Nice), 26 February 2001 (OJ No C 80 / 1). With him was the number of matters over which qualified majority voting the Council shall be subject in, expanded, and the composition of the Commission, the number of deputies in the European Parliament and the voting weights in the Council of the now politically decided enlargement of the European Union by up to Ten countries from Eastern and Southeastern Europe adapted. In addition, the government representatives agreed that the Member States to adopt a decision in the Council at least 62 percent of the total population of the European Union must represent. At the Nice summit also was a convention drawn up by the Charter of Fundamental Rights (Fundamental Rights Charter - GRCh, OJ 2000 No C 364 / 1 as a statement of the European Parliament, the Council and the Commission solemnly proclaimed political), no part the Treaty of Nice to be.
12th)
- B - aa) After it became clear that the Treaty of Nice, only the adjustments deemed necessary for the structure of the European Union would carry out the institutional, it was considered again in the early 1950s failed constitutional project build on. Pounded German Foreign Minister Fischer, a European Constitution (see Fischer, From Confederacy to Federation - Thoughts on the finality of European integration, integration, 2000, p. 149 ff), sparking a major constitutional debate from (cf Laffan, The difficult road to the European Constitution: from the Humboldt speech Foreign Minister Fischer to the Intergovernmental Conference, in: Jopp / Matl, The Treaty establishing a Constitution for Europe, analysis of the constitutionalization of the EU, 2005, p. 473 et seq.) The Intergovernmental Conference of Nice took the project of a European constitution in the Declaration No. 23 on the future of the Union (OJ 2001 No C 80/85) on true, but wanted to express the institutional reform of the Union only continue. In the Laeken Declaration on the future of the European Union of 15 December 2001 (Bulletin EU 12-2001, I.27 <Anlage I>) were set out four objectives of the reform:
13th)
- First -: "A better division and definition of responsibilities in the European Union" - this should be all about more transparency in the delimitation of competences of the Union to the Member States and a possible clarification of the subsidiarity principle proceed, and it should be given to the responsibilities again for Union were to establish the new one hand, but on the other hand, which now jointly exercised powers back to the States may be transferred.
14th)
- Second - "simplification of the instruments of the Union" - this, in particular, the distinction between legislative and implementing measures and a reduction in the number of legislative instruments be erworgen.
15th)
- Third - "More democracy, transparency and efficiency in the European Union" - parliaments are open to this goal in a comprehensive organizational and procedural issues of unionalen organ system as well as the role of the national.
16th)
- Fourth - "Towards a Constitution for European citizens" - in this perspective, the contracts restructured, the inclusion of the Charter of Fundamental Rights in the basic treaty and the adoption of a constitutional text in the European Union should be considered. - The inclusion of the Charter into the Constitutional Treaty - The categorization and classification of the competences of the Union - The expansion of the Union institutions, in particular through the creation of the office of President of the European Council and an EU Foreign Minister, - The introduction of the principle the double majority voting in the Council - A new typology of forms of action of the Union with terms like "law" and "framework law", - The introduction of a European citizens' initiative - the creation of a neighborhood policy, - The involvement of national parliaments in the legislative control of subsidiarity in the form of an early warning system and an application of subsidiarity. - The creation of an exit law for the Member States, - Different and facilitate the amendment process for individual parts and aspects of the Constitution, and c) In the Berlin Declaration of 25 March 2007 to mark the fiftieth anniversary of the Treaties of Rome (Bulletin EU 3-2007, II.1) agreed by the Member States on a new attempt to reform a contract (see Maurer, After Referendenzäsur: German European policy in and after the period of reflection on the Constitutional Treaty , in: Müller-Graff, Germany's role in the European Union, 2008, p. 11 ff). The Brussels European Council issued on 22 In 2007 an intergovernmental conference, the mandate, a so-called Reform Treaty amending the existing Treaties June (Presidency Conclusions of the European Council of 21 and 22 June 2007 in Brussels, EU Bulletin 6-2007, <Anlage I> I.37). In Under the third objective, it focused on the question of how the democratic legitimacy and transparency of the existing institutions can be strengthened, and as the President of the Commission should be appointed: by the European Council, the European Parliament, or - through direct elections - from citizens. The Laeken Declaration asked whether and how composition and functioning of the European Parliament and the Council's activities should be changed.
- Bb - The European Council established by the Laeken declaration, a convention to draft a constitutional text (cf. Wessels generally to the Convention, the Convention on models for an innovative method of integration, integration, 2002, p. 83 et seq.) The Panel should the participation of the then four candidates that reform objectives of the study. Designed by the Convention and the IGC revised constitutional treaty contained by far-reaching changes, though not total revision of the treaties. The Constitutional Treaty also saw the Treaty on European Union and the Treaty establishing the European Community into a single contract to summarize the 'pillar structure and to dissolve the European Union with legal personality equip. The primacy of EU law over national law, the Court of Justice of the European Communities is based so far, should set out explicitly and the symbols of the European Union flag, anthem, motto, currency and Europe should first be normalized. As a further significant changes were envisaged:
3rd - A - The Preamble of the Treaty of Lisbon is not on a constitutional treaty failed, but is the Treaty of Lisbon in a direct line with the treaties of Amsterdam and Nice. They repeated the goal of the mandate of the IGC - increasing the efficiency and democratic legitimacy of the Union and to improve the consistency of their actions - but insists no more specifically the coherence of external action of the Union. While all previous amending treaties efficiency and coherence increase of the European Communities or the European Union were used to, is the Treaty of Lisbon for the first time, aims explicitly legitimacy of the Union to increase the democratic (see also Fischer, The Treaty of Lisbon, 2008, p. 91 f.). In contrast to the Constitutional Treaty, the Treaty of Lisbon abandoned after the mandate for the IGC explicitly to the constitutional concept, "which was to cancel all existing contracts and by a single text called, constitution ' to replace "(Council document 11218/07, Annex, para. 1). The contracts are simply altered, and the amended contracts underlying terminology reflects abandonment of the Constitution against the concept. The State-level common terminology to be abandoned. The term "constitution" was not used (different but Pernice, The Treaty of Lisbon - The end of the constitutional process of the EU?, EuZW 2008, p. 65; Schiffauer, To the Constitution state of the European Union after the Treaty of Lisbon, EHRR, 2008, p. 1 ff), the "foreign minister" will be called High Representative for Common Foreign and Security Policy ", and the denominations" law "and" framework law "will be in contrast to the less symbolic term" decision "also not maintained. The codecision procedure will, however, "ordinary legislative procedure" and renamed a "special legislative" distinction. The one adopted in legislative acts are "legislative acts" called. The symbols of the European Union flag, anthem, motto, currency and Europe are not mentioned. However, stress in the Declaration No. 52 on the symbols of the European Union, the Treaty of Lisbon annexed to the Final Act of 16 of the 27 Member States, including the Federal Republic of Germany that these symbols "for them continue as symbols of the people in the European Union and their allegiance to express this. " The primacy of Union and Community law over national law is still not explicitly covered (to the declaration below third AI i). Apart from that transferred by the Treaty of Lisbon, however, essential content elements of the Constitutional Treaty in the existing treaty system and provides additional and more specific provisions tailored to individual Member States (see Mayer, The Return of the European constitution? A Guide to the Treaty of Lisbon, ZaöRV 2007, p. 1141 et seq, specifically on the rules of the national parliaments Barrett, "The king is dead, long live the king ': The Recasting by the Treaty of Lisbon of the Provisions of the Constitutional Treaty Concerning National Parliaments, ELRev. 2008, p. 66 ff).
b.) - The Lisbon Treaty replaces the previous "three-pillar approach" to the European Union (Article 1, paragraph 3, sentence 1 TEU). The Treaty on European Union retains its name (see a consolidated version <EUV-Lissabon> OJ 2008 No. C 115/13), the Treaty establishing the European Community for in the Treaty on the Functioning of the European Union (TFEU) renamed (see, for a consolidated version OJ 2008 No C 115/47). The European Union takes the place of the European Community, whose rights it is (Article 1, paragraph 3, sentence 3, TEU-Lisbon), and have acquired legal personality (Article 47 TEU-Lisbon). The European Atomic Energy Community is the former governing body of the European Union and is separated from - from an institutional relationship with the European Union - an independent international organization continues apart.
c.) - Title II of the new version of the Treaty on European Union "contains provisions on democratic principles." After this is founded the Functioning of the European Union on representative democracy (Art. 10 para 1 TEU-Lisbon), the participatory, associative and direct democracy, in particular a citizens' initiative, supplemented by items (Article 11 TEU-Lisbon). The principle of representative democracy refers to two legitimacy strands: the European Parliament as a "direct" representation of the Union citizens and the European Council represents leaders and represented in the Council members of the Government of the Member States "to turn in democratic fashion to their national Parliament or towards its citizens are accountable "(Article 10 para 2 TEU-Lisbon).
d.) - The fundamental rights in the European Union after the Treaty of Lisbon is based on two foundations: the Charter of Fundamental Rights of the European Union in the revised version of 12 December 2007 (OJ No C 303 / 1, Federal Law Gazette 2008 II p. 1165 ff) that the contracts will be legally equivalent to (Article 6, paragraph 1, sentence 1 of the TEU-Lisbon) and thereby acquired legal force, and the Union unwritten fundamental rights, the next as the general principles of Union law, maintain in (Article 6 paragraph 3, TEU-Lisbon). These two principles of fundamental rights in Europe to Article 6, paragraph 2 TEU-Lisbon added that the European Union authorizes and obliges the European Convention on Human Rights and Fundamental Freedoms of 4 November 1950 (Federal Law Gazette 2002 II p. 1054) to join. The mandate for the Intergovernmental Conference was different than previous contracts in that the European Council, the shape and content of the new treaty almost continuously, sometimes even in the wording claimed (see the revised language version of the mandate in the Council document 11218/07, Annex). He leaned on the Constitutional Treaty, substance as much as possible in the new Reform Treaty should be taken of its contents. On 13 December 2007 Reform Treaty as a Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon Treaty) signed it.
In addition, the national parliaments in the political monitoring of Europol and Eurojust involved (Article 12, point c TEU-Lisbon, Article 88 para 2 UAbs. 2, Article 85, paragraph 1 UAbs. TFEU 3) and in the so-called bridge method , one by the Treaty of Lisbon Treaty amendment procedure generally introduced, entitled, the Commission proposed the amendment to the contract within six months of its submission to be rejected by (Article 48 paragraph 7 UAbs. 3 TEU-Lisbon, Article 81 para 3 UAbs. 3 TFEU). The rejection by a national parliament is enough to fail to make the proposed amendment to the contract.
e.) - The Treaty of Lisbon will also reformed the institutions and procedures.
aa.) - The powers of the European Parliament in the area of legislation be developed. The codecision procedure, in which the European Parliament, the Council will act on an equal footing with, is simplified, in "ordinary legislative procedure", bringing the general rule stated (Article 14 paragraph 1 sentence 1 TEU-Lisbon, Article 289, Paragraph 1 TFEU ). The cooperation procedure will be abolished. The process of consultation and the consent of the term "special legislative procedure" and summarized under applied only in certain cases provided for in the treaties apply (Art. 289 para 2 TFEU). The increased role of the European Parliament in the legislative acts, in the conclusion of international treaties of the European Union also. The Council may, the decision on the conclusion of an international treaty in areas for which either the ordinary legislative procedure, or if the consent of Parliament is required, the special legislative procedure shall, after approval by the European Parliament only adopted (Article 218 para 6 UAbs. No. 2, point a TFEU v). In addition, the European Parliament decides on an equal footing with the Council the draft budget (Art. 14 para 1 sentence 1 of the TEU-Lisbon; TFEU Article 314) and has political control rights. It shall elect the Commission President, after a proposal by the European Council with a majority of its members (article 14, paragraph 1, sentence 3, Article 17 paragraph 7 of the TEU-Lisbon). The proposal must be the result of the elections to the European Parliament into account (Article 17 paragraph 7 UAbs. A sentence of one TEU-Lisbon). Does the proposed candidate is not the required majority, the European Council to the European Parliament within one month propose a new candidate (Article 17 paragraph 7 UAbs. A sentence of three TEU-Lisbon). Next check the European Parliament - as well as national parliaments - the activities of Europol and the evaluation is part of Eurojust's activities (Article 88 para 2 UAbs. 2, Article 85, paragraph 1 UAbs. TFEU 2). The National parliaments shall contribute "actively to the good functioning of the Union" (Article 12 TEU-Lisbon). The draft legislative acts of the European Union must comply with the national parliaments eight weeks before they set the agenda for the Council to be forwarded to (Article 4 of Protocol No. 1 concerning the role of national parliaments in the European Union). As part of the protocol No. 2 on the application of the principles of subsidiarity and proportionality (the subsidiarity protocol) provided so-called early warning system, the national Parliament or any chamber of parliament a right, these eight weeks in a detailed opinion within explain why the draft in their view not compatible with the subsidiarity principle (Art. 6 of the subsidiarity Protocol). Reasoned opinions oblige only to a review of the draft, when the number of substantiated opinions certain proportion of the total number of votes allocated to national parliaments reached a (Article 7 para 2 and para 3 of the Subsidiarity Protocol). Furthermore, national parliaments or the chamber of parliament through the Member States for annulment under Article 263 TFEU raise which, if legislation will be incompatible with the principle of keeping one (Article 8 of the Subsidiarity Protocol). After the negative outcome of the referenda in France and the Netherlands on the Constitutional Treaty on 29 May and 1 Had been held in June 2005, the European Council agreed a "period of reflection". Member States which have ratified had not constitutional the should be given the opportunity Constitution for public discourse without time pressure to ratify comprehensive to or ratification postpone its (Declaration of Heads of State and Government of the Member States of the European Union to ratify the Treaty establishing a Constitution for Europe <Tagung of the European Council on 16 and 17 June 2005>, Bulletin EU 6-2005, I.30). The ratification process could not be set in motion again.
- "Continuation of Lisbon - judgment, in: - Part: - 3 -"!
