Zur Entwicklung der Unionsrechtsordnung nach Lissabon – Bedingungen, Herausforderungen und Perspektiven = Europos Sąjungos teisės sistemos plėtra po Lisabonos sutarties: sąlygos, iššūkiai ir perspektyvos.
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This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other hand. In addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights – that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. Finally, it is developed that the global financial crisis can be regarded as an example for the role realized by the European Union and its Member States in the age of globalization. The powers conferred to the institutions allow the EU to meet international challenges. But the problem of sufficient democratic legitimation needs to be treated in a more coherent way. Ultimately, a system should be discussed that is able to ensure a dynamic balance between the respect of the powers and its limits conferred upon the EU and the necessity for a democratic legitimation of European sovereignty.
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