Europe Closer to its Citizens: Making Sense of the Lisbon Treaty’s Legal Mechanisms

• Authors: Gromek-Borc Katarzyna , Borght Kim Van der
• Languages of publication: EN

Abstracts

EN

The Lisbon Treaty, although at fi rst glancean impoverished“Constitution”, provides a variety of mechanisms allowing further expansion towards a “Union of Citizens.” It aims to cover diversity of national interests and allows to progress with a diverse speed. The sense of belonging to Europeprogressively permeates in us being intermeshed with other components of the notion of citizenship generally conceived. In conclusion there are a few points to be raised. First, the failure to agree on the Constitutional Treaty with clearly pronounced Constitutional symbols does not impede the progress of the Constitutional Order which is unique to Europe. It is neither against the general conception of the Constitution as such, although it is different to the conventional approach generally accepted in particular in continental Europe. Citizenship of the Union or European Identity can develop under the current Treaty setting. They will develop within what Menéndez calls’ the narrative of constitutional synthesis’ establishing a new constitutional tradition robust enough to allow further progress. Secondly, the concepts of European Identity and European patriotism are not buried. The new avenue could be found in the adopted Treaty. The Treaty of Lisbon creates a more direct link between the EU and its citizens. It re-conceptualises Citizenship not through amendments, but rather through making the citizens central to political life of the Union. For this purpose, the Treaty provides some vehicles, including the citizens’ initiative, new transparency rules and the greater role of national parliaments, and these willlend substance to the Citizenship of the Union. In particular the judgments issued in Rottmann, Zambrano, McCarthyand Dereci announce the new approach to Union Citizenship, citizenship standing alone although so far considered as an exception; citizenship based on rights. Is the current Treaty robust enough to bring us out of the crisis and meet new challenges? For many years we have been convinced about the importance of unity, uniformity, acquis communautaire and the uniform application. It is exactly the opposite what this Treaty is about. The Treaty clearly abandons the idea of uniformity. As many have noticed, this Treaty is more about exceptionalism and differentiation. It is understood thatthere can be “unity in diversity.” Thus, the Lisbon Treaty refers to the tools of fl exibility, enhanced cooperation, opt-in, and opt out, all serving as emergency brakes. At the fi rst glance, the Treaty may seem to divide rather than unite, but in the longer term unity through diversitymay be the only waythat 28 nations can have “an ever closer union.” Respecting the differences, understanding national needs and cherishing the common values: this is a “golden idea” that will bring European People together.

Keywords

EN

LISBON TREATY; EUROPEAN UNION; CITIZENS

• Publisher: Centre for Europe, University of Warsaw
• Journal: Studia Europejskie-Studies in European Affairs
• Year: 2014
• Issue: 4
• Pages: s.121-147

Contributors

author

Gromek-Borc Katarzyna

• Eiuropean University Institute

author

Borght Kim Van der

• Vrije Universiteit Brussel