European Union, Treaty of Lisbon, legislative function, European Parliament, separation of powers, EU law, legislative acts, codecision procedure, democracy, EU legitimacy
Analysis of the impact of the Treaty of Lisbon on the European Union's legislative function and the resulting legal framework.
[...] This initiative function of the Commission has evolved over time. Initially established by the Treaty of Rome, this monopoly has been adjusted with the Treaty of Maastricht, confirmed by the Treaty of Lisbon and completed by other legal provisions. Thus, according to Article 192 of the TFEU, the European Parliament has an indirect right of initiative, allowing it to request the Commission to submit proposals on certain matters. Similarly, the Council can also exercise a right of initiative in areas where the Commission has not acted, in accordance with Articles 225 and 241 of the TFEU. [...]
[...] Otherwise, the Council adopts its own position, and the proposal is sent back to the Parliament for a second reading. During the second reading, the Parliament has several options, such as the approval of the Council's position or the proposal of amendments, in accordance with Article 294 of the TFEU. If the Council approves all the amendments, the act is adopted. Otherwise, a conciliation committee is convened to reach a common project between the two institutions, as provided for in Article 294 of the TFEU. [...]
[...] First, in the Simmenthal judgment of 9 March 1978, which constitutes the first judgment in which the Court mentioned the concept of « legislative power of the Community. Later, in another judgment of 27 October 1992, RFA against the Commission, the Court refers to a new formula, that of the notion of 'legislative system established by the treaty' and it affirms the quality of Community legislator for the Council. The author of the article emphasizes all the more the need for clarification « designating the Commission in the exercise of a discretionary power » referring to a judgment of 11 July 1989, Schräder in which the Court in its point 22. [...]
[...] to strengthen the participation of citizens, national Parliaments and to reform the European institutions that needed it in light of the enlargement of member states, but putting an end to the constitutional perspective. The Treaty of Lisbon rejects the single treaty; there are two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The Treaty of Lisbon is a revision treaty. The fundamental provisions and the main contributions of the Constitution are retained. [...]
[...] Initially, the European Parliament was an assembly with consultative powers and indirectly designated by national parliaments. Its evolution towards an organ with more powerful legislative powers, with a direct link to the citizens of the Union, reflects this desire to integrate the democratic dimension into the European legislative process. Similarly, the change of denomination of this institution to the 'European Parliament' in 1962, formalized by the Maastricht Treaty in 1992, highlights its central role in representing European citizens and exercising legislative power. [...]
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