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Constitutionalism of European Union under the Treaty of Lisbon

Author: ZuoYaJuan
Tutor: LiuXiangWen
School: Zhengzhou University
Course: Constitutional and Administrative Law
Keywords: the Treaty of Lisbon EU’s constitutional politics EU’s reform EU’s institutions
CLC: D99
Type: Master's thesis
Year: 2011
Downloads: 52
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Abstract

From 1951 to 2009, European Union always tried to lay down constitution so as to push the integrity of Europe. However, the course never did run smooth; European Union fell into gridlock and quagmire once and again. For example, the referendums in France and Netherlands plugged EU into crisis, and the referendum in Ireland almost made the treaty of Lisbon come to nothing. In December 1st of 2009, through strict approvals procedures in member state, the treaty of Lisbon finally come into force. Even though EU experienced many kinds of difficulties and hold-ups, eventually it enters into a new time of the integrity and constitutionalism because of the treaty of Lisbon.As a constitution, the treaty of Lisbon doesn’t have the same symbolic significance as the Treaty of EU Constitution. It abolishes some symbolic words, such as "the flag of EU", "the anthem of EU". In fact, the treaty of Lisbon is a simplified EU constitution. The treaty of Lisbon has a few articles, but its structure is rather complicated. As to the main contents, it alters the constitutional governance structure of the European Union and power among them, which strengthens the efficiency, transparency and democracy of EU in some degree.From the perspective of the treaty of Lisbon, constitutional reforms of EU are deeply expounded. Combined with the history and the specific contents of the Lisbon treaty, constitutional structure and power distribution of EU are particularly dissected. Based on these reforms, the relationship of the treaty and EU’s constitutionalism is fully analyzed from the perspectives of power, democracy and human rights, which can displayed the character of the treaty and EU’s constitutionalism under the treaty of Lisbon. At the same time, the contents and value can bring inspiration and influence for our country in some aspects, foe example, transferring and reservation of sovereignty, design of constitution, pushing constitutional politics. We should learn from these experiences in ourselves, and strengthen constitutional construction so as to promote the regional cooperation and development of economy and politics.Except preface and conclusion, there are still four chapters. The first chapter, general survey of the treaty of Lisbon, which includes the process of making the treaty, the contents and structure, the goal and significance of EU’s reform; the second chapter is divided into seven sections according to the institution of EU. It fully displayed the reform of the treaty and the distribution of power among constitutional institutions; the third chapter generally discusses the relationship of the treaty and EU’s constitutionalism from the perspectives of power, democracy and human rights; the last chapter simply analyzed the influence and enlightenment that EU’s reform brings for China.

Constitutionalism of European Union under the Treaty of Lisbon

Abstract

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