Craig, P., 'The Treaty of Lisbon, process, architecture and substance' (2008) 33 EL Rev 137

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E.L. Rev. 2008, 33(2), 137-166
The Treaty of Lisbon, process, architecture and substance
Paul Craig
Subject: European Union. Other related subjects: Constitutional law
Keywords: Competence; Constitutional law; EC law; EU constitution; European Union;
Fundamental rights; Treaties
Legislation: Treaty Establishing a Constitution for Europe 2004
Draft Treaty amending the Treaty on European Union and the Treaty establishing the
European Community
Treaty of Amsterdam 1997
Treaty on European Union (Maastricht) 1992
European Convention on Human Rights 1950
Charter of Fundamental Rights of the European Union 2000
Abstract
The Treaty of Lisbon was signed by the Member States in December 2007, thereby
concluding the process of Treaty revision that had been re-started six months earlier. It
remains to be seen whether the Treaty of Lisbon is duly ratified in accord with the
constitutional requirements of each Member State. If this occurs it will enter into force on
January 1, 2009. This article begins by examining the IGC process between June-December
2007. It then considers the architecture of the Treaty of Lisbon, with comparisons where
relevant to the Treaty establishing a Constitution for Europe. The remainder of the article
evaluates the principal changes that will be made as a result of the Treaty of Lisbon, drawing
on material, where relevant, from the earlier discussions that led to the Treaty establishing a
Constitution for Europe.
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