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21. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty

Author:
Teija Tiilikainen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The European Parliament achieved full legislative powers when the Lisbon Treaty came into force, as most of those policy fields that had formerly been beyond the reach of the EP were duly added to these powers. In the implementation of the Lisbon Treaty, the EP's strengthened position is characterized as a vigorous promotion of arrangements favourable to its own position in the EU decision-making process. Important changes have taken place in the roles and functions of major parliamentary committees along with the extension of the EP's powers; the changes are most substantial in the Committee on Agriculture and Rural Development (AGRI) and in the Committee on International Trade (INTA). Concerns about the spread of undemocratic legislative practices and weaknesses in administrative capacities have been raised since the EP has been accommodated to its new powers.
Topic:
Democratization, Regional Cooperation, Treaties and Agreements, and Governance
Political Geography:
Europe and Lisbon

22. Legal order free of pillars: European Courts' jurisdiction in the post-Treaty of Lisbon setting

Author:
Janne Salminen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
Topic:
Security, Foreign Policy, Treaties and Agreements, and Law
Political Geography:
United Kingdom, Europe, Denmark, Lisbon, and Ireland

23. Nuclear Issues for NATO After the Strategic Concept

Author:
Walt Slocombe
Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
What Does the 2010 Strategic Concept Say (and Not Say) About Nuclear Weapons Issues? The Strategic Concept (SC) adopted at the Lisbon Summit in November 2010 includes a number of propositions that define NATO's future nuclear policy which, explicitly or otherwise, serve to highlight the questions that remain to be resolved. Most fundamentally, the SC, having enumerated NATO's "core tasks" as collective defense against attack, management of crises "that have the potential to affect Alliance security," and cooperation with others "to enhance international security," declares that "[d]eterrence, based on an appropriate mix of nuclear and conventional capabilities, remains a core element of our overall strategy."
Topic:
Defense Policy, Nuclear Weapons, and International Security
Political Geography:
Europe, North America, and Lisbon

24. From Lisbon to Deauville: Practicalities of the Lisbon Treaty Revision(s)

Author:
Piotr Maciej Kaczyński and Peadar ó Broin
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
It has only been one year since the Treaty of Lisbon entered into force and already there is a stack of pending issues requiring primary law change in the EU. The Franco-German Deauville Declaration of 18 October 2010 is probably the most politically prominent of them all, yet it is not the first, nor will it be the last in a long, incremental process of constant treaty revision similar to the national process of amending national constitutions. All of these proposals have one feature in common: none of them is an overarching treaty change and each one is designed in such a way that amends only one element of the system. This, in theory, should avoid the need to submit the change to public referenda in the EU as part of the ratification process.
Topic:
Treaties and Agreements and Law
Political Geography:
Europe, Germany, and Lisbon

25. Why the EU fails: Learning from past experiences to succeed better next time

Author:
Timo Behr, Toby Archer, and Tuulia Nieminen
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Contemplating the reasons for “EU failure” might appear odd at the current moment of time. If anything, the European Union finally seems to be putting its house in order. !e ratification of the Lisbon Treaty has ended the EU's decade long institutional impasse. For the first time in its history, the EU has appointed a President of the European Council and a powerful new High Representative for its Foreign and Security Policy. EU member states are in the process of creating a European External Action Service (EEAS) to represent their common interests abroad. And the list of countries knocking on the EU's doors seems to grow longer by the day. In light of these recent developments, as well as given the EU's historical success as a “peace project”, there seem to be few apparent reasons to ponder EU failure. Doing so, to some, might even appear counterproductive.
Topic:
Regional Cooperation and Treaties and Agreements
Political Geography:
Europe and Lisbon

26. The Baffling Short-sightedness in the EU-Turkey-Cyprus Triangle

Author:
Nathalie Tocci
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Diehard believers in Turkey's European future had, for a brief moment, hung their hopes on the European Parliament (EP) as the key to unlocking the poisonous stalemate in Turkey's ailing accession process. The glimmer of light had come with the Lisbon Treaty, which could have been used to unblock the stalemate over the Direct Trade Regulation (DTR) between the EU and northern Cyprus by granting a voice to the EP on the matter. Breaking the stalemate would not have magically removed all obstacles to Turkey's protracted accession process. But it would have breathed new life and instilled a dose of much-needed optimism in the troubled relations between Turkey and the Union. Alas, that opportunity has been lost and, with it, the short-term hope of a rosier future for Cyprus, Turkey and the EU as a whole.
Topic:
Conflict Resolution, International Trade and Finance, and Treaties and Agreements
Political Geography:
Europe, Turkey, Lisbon, and Cyprus

27. The EU's Contribution to the Effectiveness of the UN Security Council: Representation, Coordination and Outreach

Author:
Nicoletta Pirozzi
Publication Date:
07-2010
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
This paper aims to assess the EU's contribution to the work of the UN Security Council (UNSC) and outline the prospects for future developments under three main dimensions: representation, coordination and outreach. The first part analyses the EU's presence in terms of its unitary representation and coordination among the EU members of the UN Security Council, with a particular focus on the innovations introduced by the Lisbon Treaty. The second part is dedicated to the EU's contribution, in terms of process and outreach, to the main policy areas within the SC's competence. These include traditional SC matters, such as peacekeeping and non-proliferation, as well as emerging and still contested competences of the UN's supreme organ, such as climate change. The paper was prepared for the second meeting of Working Group I on “The Reform of the UN Security Council: What Role for the EU?”, held in Rome on 14 May 2010, in the framework of the IAI-University of Kiel project on “The European Union and the Reform of the United Nations” (Effective Multilateralism).
Topic:
United Nations and International Security
Political Geography:
United States, Europe, and Lisbon

28. Afghanistan: Exit vs Engagement

Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
U.S. military operations in Afghanistan are now entering their tenth year and policymakers in Washington are looking for a way out. A policy review is due in December but the outline is already clear: U.S. forces will try to pummel the Taliban to bring them to the table, responsibility for security will increasingly be transferred to Afghan forces and more money will be provided for economic development. NATO partners agreed at the Lisbon summit to a gradual withdrawal of combat troops with the goal of transitioning to full Afghan control of security by the end of 2014. The aim will be a dignified drawdown of troops as public support wanes while at the same time ensuring that a post-withdrawal Afghanistan, at the very least, does not become the epicentre of transnational terrorism. While success is being measured in numbers of insurgents killed or captured, there is little proof that the operations have disrupted the insurgency's momentum or increased stability. The storyline does not match facts on the ground.
Topic:
Conflict Resolution and War
Political Geography:
Afghanistan, United States, Washington, Taliban, and Lisbon

29. The social purpose of new governance: Lisbon and the limits to legitimacy

Author:
Bastiaan van Apeldoorn and Sandy Brian Hager
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
This article examines the extent to which the Lisbon strategy, with its utilisation of the Open Method of Coordination (OMC) as the 'new mode of governance' for supranational social policy, has delivered on the pledge of acting as a counterweight to neoliberal market integration in the EU. Adopting a critical political economy perspective, we transcend the focus on institutional form of existing approaches, and seek to explain the social purpose of Lisbon. In this context we argue that both form and content of the Lisbon strategy reflect a hegemonic project of 'embedded neoliberalism', inasmuch as the Lisbon strategy's institutional mechanisms such as the OMC reaffirm the asymmetric nature of European governance through the promotion of market-making rather than market-correcting policies, bolstering the power of transnational capital while simultaneously incorporating subordinate projects through limited forms of embeddedness. The contradictions inherent in this strategy have come to test the limits of its legitimacy.
Topic:
Markets
Political Geography:
Lisbon

30. Rewriting the Ground Rules of European Diplomacy: The European External Action Service in the Making

Author:
Timo Behr, Aaretti Siitonen, and Johanna Nykänen
Publication Date:
03-2010
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
With the Lisbon Treaty finally ratified, EU attention has now shifted towards the arduous task of implementing the treaty reforms. Central amongst these is a complete overhaul of the existing structures of EU foreign policy-making, providing the EU with a new "double-hatted" foreign policy chief—in the person of Catherine Ashton—and creating the European External Action Service (EEAS). Conceived as the EU's own diplomatic corps, the EEAS has been lauded as a "once in a generation opportunity" that will endow Europe with a greater voice and more influence in international affairs. But setting up the EEAS is proving more difficult than anticipated, with different European actors squabbling over composition and structure of the new institution. This should come as little surprise, given that the precise shape and detailed functions of the EEAS were all left to be negotiated during the implementation phase. Moreover, settling these issues entails more than just some fine-tuning of the EU's institutional structures: it requires a wholesale re-writing of the ground rules of European diplomacy. What is at stake in this process is not only how and by whom EU foreign policy is being made, but the nature and direction of European diplomacy itself.
Topic:
Foreign Policy, Diplomacy, and International Affairs
Political Geography:
Europe and Lisbon