THE CONSTITUTIONAL CONCEPTS OF THE REFORM TREATY (THE LISBON TREATY)

Emilian Ciongaru ()
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Emilian Ciongaru: Bioterrra University – Bucharest; Associate researcher, Romanian Academy – Institute of Legal Research “Acad.Andrei Radulescu”

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 1-6

Abstract: The Lisbon Treaty also known as the Reform Treaty provides only an amendment of the treaties considered as fundamental, namely the Treaty on the European Union and the Treaty on the functioning of the European Union and is the result of the constitutional process triggered by the Laeken Declaration adopted by the European Council. The Lisbon Treaty is still built on the content of the European Constitution from which they eliminated the most controversial provisions, first of all the title of Constitution that might produce concern and panic among the European Union population through the symbolic power it contained, and for Romania this new treaty was the first it signed in quality of a Union member state. Even if does not bear the name of European Constitution, the Lisbon Treaty is a European Constitution for the following reasons: first it is a Constitution because it gathers together most of the fundamental elements of the Constitutional Treaty, even if it does not have the structure or the name thereof, and second the treaties after the Lisbon reform have become small constitutions from the operational viewpoint, they develop the functions of a constitution, limit power and organize the operation of the organization.

Keywords: constitutional concept; Lisbon Treaty; European Constitution; fundamental elements of Constitutional Treaty. (search for similar items in EconPapers)
JEL-codes: K10 K33 (search for similar items in EconPapers)
Date: 2017
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