Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...

Abstract: On June 30, 2009, the German Constitutional Court declared the Lisbon Treaty to be compatible with the German constitution. The Lisbon decision marked the end of an intense constitutional battle. The following text illustrates how different views on and different understandings of...

This article seeks to explain the varying, and sometimes intriguing, outcomes of the past three revisions of the Treaty concerning the Community’s Common Commercial Policy (CCP). The analysis particularly focuses on the development of competence and decision rules, i.e. the process of...

In the three latest treaty reforms changes have been made to the procedures that regulate the legislative interaction between the European Parliament, the Commission and the Council. Whether the introduction of the co-operation procedure (1987), the co-decision procedure (1994) and the reform of...

The European Parliament is frequently seen as the ‘big winner’ of the Lisbon Treaty, given the fact that several changes have significantly extended its powers, such as the extension of co-decision as the ordinary legislative procedure, and the introduction of the assent procedure to...

This paper reviews the incidence of precedent-based practices in the Court of Justice of the European Union’s (CJEU) case law on family reunification immigration. Particular attention is paid to the use of fundamental rights considerations, and the extent to which they guide the Court’s...

The Convention appears to many as both a confirmation of the thesis of the new institutionalism on the value of institutions for shaping the outcome of constitutional politics (the politics of creating EU fundamental rules) and a new model for democratic deliberative politics. From this second...

Analysing the distribution of power among political actors is at the heart of political science. I propose a way of analysing changes to the institutional equilibrium of the EU institutions as well as changes in the relationship between the supranational level and the member states from a...

The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) removes the unanimity requirement for entry into force. This innovation is possible because, technically, the TSCG I not an EU Treaty. It is not constructed as a reform of the EU Treaties following...

Intergovernmental Conferences are generally seen as key events in the design of the European Union. This paper challenges this traditional view. Arguing that treaty reform should be regarded as a continuous process rather than a series of events, the paper develops a procedural understanding of...