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Archives for Treaties

The EMI must consider the Lisbon Treaty equivalent to a Constitution, although there are states who are reluctant to contemplate such a comparison. Any modification of the Treaty/”Constitution” must be subject to demanding conditions. However, its modification should not be, for all practical purposes, impossible. For this reason, the EMI must propose that the Treaty… » read more

We must modify the proposed legislation (Lisbon) relating to the voluntary withdrawal of a Member State from the EU. For example, we need to consider: A) The harm caused to cohesion countries. B) In addition, the lost profits incurred by the “withdrawing” state caused by lack of market competitiveness, economic prosperity and reduced presence on… » read more

Le Conseil Italien du Mouvement Européen souligne les principes de la démocratie représentative et ceux de la démocratie participative qui constituent les éléments essentiels de la vie démocratique au sein de l’Union. Dans ce cadre, rappelle le principe selon lequel le nouveau Président de la Commission devra être choisi compte tenu des résultats des élections… » read more

In order to initiate an action of Enhanced Cooperation, the Lisbon Treaty must go back to the minimum approval of one-third of the Member States. The figure of nine Member States established by Art. 20 TEU (Lisbon) is due to the fact that currently there are 27 Member States and 9 is precisely one-third of… » read more

We need to arrive at a better definition of the ECJ. It beggars belief that since the TEC back in 1957 until now (Art 19 TEU Lisbon), we have granted the following limited range of action to the ECJ: “It shall ensure that in the interpretation and application of the Treaties the law is […]… » read more

We need to modify the innovation contained in the last paragraph of Art 1 TUE (Lisbon) which alters the terms of the Draft Constitution. The EU is one body and includes both the old EU as well as the old EC. Therefore, the EU does not “substitute” both of these organisations, it succeeds them. This… » read more

The EMI applauds the terms of the solidarity clause, taken completely from the Constitution and contained in Art. 222 TFEU. At the same time, the EMI considers that the clause does not contemplate the full range of risks. There are other risks apart from natural or human disasters and terrorist attacks. There are also […]… » read more

Any proposal for the future of the EU lies under the spectre of whether the Lisbon Treaty is finally ratified in January 2009. Regardless of the method used, ratification by end January 2009 is crucial and the EMI must devote all its efforts to ensuring that this happens. The easiest way to achieve ratification is… » read more

We need to return to the idea of having a Constitution which underpins the whole system, is synthetic and not easily changed, as it is the “frontispiece of legality” (Kelsen). This Constitution should have an annex which ought to be called Functioning of the European Union (TFEU). What is completely inadmissible is the current bifurcation… » read more

We must recover the terminology used in the Draft Constitutional Treaty (Arts. I.32-I.38) to describe the sources of EU Law: “European laws, European framework laws, European regulations, European decisions, recommendations and opinions.” Fruit of a most regrettably regressive turn of mind, the Lisbon Treaty goes back to the old system of sources contained in the… » read more

Re-establish the symbols of the EU which were included in Art. I-8 European Constitution Draft Treaty (Rome II) and subsequently omitted in the Lisbon Treaty. We cannot simply assume that these symbols will be used in some, and perhaps even all, Member States. The political and legal character of the EU must be made visible… » read more

Modify art. 6 of the TEU (Lisbon Treaty version) since it merely refers to the Charter of Fundamental Rights. The Charter of Fundamental Rights must be included within the Lisbon Treaty, as is the case in all democratic constitutions. This post was submitted by Carlos María Bru. Original post by Carlos María Bru

We need to re-establish the primacy of EU Law over the laws of the Member States, as was affirmed in art. I-6 of the European Constitution Draft Treaty. This premise was left out of the Lisbon Treaty. Some claim that this is not necessary since the idea of the primacy of EU Law is fully… » read more

An exercise could be that European citizens one day hold a big conference on how they would like the constitution of Europe to look like. They could invite all kinds of experts have debates and workgroups and in the end vote a constitution. Citizen could be randomly selected thought making sure that all kinds of… » read more

Keep up the good work

My idea for Europe is simple. The EU should keep up the good work. If the pre-Lisbon time in EU affairs was almost solely about solving the EU’s institutional problems, then the post-Lisbon period should be about getting on with the business of running the integration process. This idea runs counter-intuitive to the history of… » read more

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