The Treaty of Lisbon

The denial to accept the Draft Constitution by the French and Dutch voters seemingly lead to nearly a two-year period of quasi-immobility in the European Union '(maybe also an excuse to do nothing!) but, behind the scenes, work continued through diplomatic channels, to make out a new text; these efforts brought about the adoption at the European Council of June 20 and 21, 2007 of a draft "Reform Treaty". It contained very definite indications as to the modifications to be introduced in the existing three European Treaties (contrary to the draft Constitution that stipulated one single Treaty) by a so-called intergovernmental conference. The latter was, in fact, a meeting of lawyers with the task to draft the decisions that had been taken by the European Council in June 2007.

Noteworthy are some passages of the Presidency Conclusions of that European Council: (1) "Europe is united in its determination that only by working together can we represent our interests and goals in the World of tomorrow" and (2) "... secure our future as an active player in a quickly changing World." This reference to the world rather than to Europe is unusual since it shows an evolution from a Union centred on itself ("determined to lay the foundation of an ever closer Community among the peoples of Europe") to a player on the world scene. It constitutes an important further step in the Union's progress.

The Treaty also envisages that one year before the EU membership exceeds 20 States, a conference of representatives of the governments of the Member States shall carry out a comprehensive review of the composition and functioning of the institutions. Nothing has come of this either.

The Treaty of Amsterdam entered into force on May 1, 1999.

Speaking

Exercise 10. Choose any item and talk about it at length in pairs with follow-up questions. Practise using linkers to build a topic.

1. The role of distinguished statesmen in the development of the EU.

2. The three initial pillars of the European Community: ECSC, EEC, Euratom.

3. The basic legal principles proclaimed by the EU

4. The development of EU law in treaties

Linkers: To begin with; Let’s start with…; As to…; As far as … is concerned,…; In respect of…; Another point to make is …; By the way, …; Incidentally, …; Going back to …; What can be added is …; The emphasis must be put on…; Generally speaking, …; Frankly speaking, …; Obviously, …; Apparently, …; Moreover, …; Furthermore, …; However, …; Contrary to what has been said…; etc.

Writing

Exercise 11. Write a mini-composition on one of the the topics in Exercise 10, using appropriate linking words to help structure a piece. Mind that the composition must contain 200-250 words.

Exercise 12. Write a summary of the text DEVELOPMENT OF EU LAW reducing it to 25 percent.

Unit 3

THE LEGAL ACTS OF THE UNION

Discussion

1. Explain what is meant by the term ‘competence’ in Legal English.

2. Who or what confers competences upon the EU?

3. What types of Union Acts do you remember?

4. What is the difference between the European Treaties and the Legal Acts of the Union?

Legal terms

1	limits of Union competences	границы полномочий Евросоюза
2	principle of conferral	принцип передачи полномочий
3	principle of subsidiarity	принцип дополнительности
4	principle of proportionality	принцип пропорциональности
5	to fall within the competence	входить в компетенцию
6	regulation	постановление
7	be binding in its entirety	быть обязательным в полном объеме
8	posterior to the Union act	следующий за изданием законодательного акта Евросоюза
9	prevent application	препятствовать применению
10	have direct effect	оказывать непосредственное воздействие
11	to uphold rights	соблюдать права
12	to impose an obligation	налагать обязательство
13	directive	директива
14	to implement the measures	применять меры
15	to impose criminal penalties for	устанавливать уголовную ответственность за что-либо
16	to cause loss and damage	причинять ущерб и убытки
17	decision	решение
18	recommendation	рекомендация
19	opinion	заключение
20	to invoke a right in the court	ссылаться на к.-л. право в суде
21	to review the legality	пересмотреть законность
22	to exercise the powers	осуществлять полномочия
23	statement of reasons	изложение причин

For those who are subject to Union law, the main question with regard to the acts is to be able to determine whether or not they are binding on them and, if so, whether the institution issuing them is indeed competent to do so. According to the Court, an act is binding when it, “brings about a distinctive change in the legal position of a party”. Regarding the competence of the issuing institution, it is extremely important to note that, “the limits of Union competences are governed by the principle of conferral”. This is further emphasised in the TFEU as follows:

“Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.”