Courts, Continuity, and Change

Paul Craig

in The Lisbon Treaty

Published in print November 2010 | ISBN: 9780199595013
Published online September 2011 | e-ISBN: 9780191729508 | DOI:
Courts, Continuity, and Change

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This chapter analyzes the impact of the Lisbon Treaty on the EU judiciary. It begins by examining the Lisbon Treaty amendments that affect the nomenclature of the Union courts and the rules relating to judicial appointment. This is followed by analysis of the provisions concerning the courts' jurisdiction, and the extent to which these have been altered by the Lisbon Treaty. The focus then shifts to the overall judicial architecture of the EU courts. This was given scant attention in the deliberations that led to the Constitutional Treaty, which largely replicated the schema in the Nice Treaty, and the same remains true for the Lisbon Treaty. The reasons why this issue never made it onto the reform agenda are explained, and the possibilities for more coherent and rational division of power between the European Court of Justice (ECJ) and the General Court is explored. The chapter then addresses the implications of the Lisbon Treaty for central components of judicial doctrine, direct effect, and supremacy. It concludes by considering what can be learned from national courts during the ratification process, with particular attention focused on the German Federal Constitutional Court.

Keywords: Lisbon Treaty; courts; European Court of Justice; EU judiciary; German Federal Constitutional Court

Chapter.  16443 words. 

Subjects: EU Law

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