The Treaty of Lisbon and the Reformed Jurisdictional Powers of the European Court of Justice in the Field of Justice and Home Affairs.

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Abstract

This Article analyses the jurisdictional powers of the Court of Justice of the European Union (CJEU) in respect of Justice and Home Affairs (JHA) measures both under pre-Lisbon Title VI TEU and post-Lisbon under Title V of Part Three TFEU. In Part one, it assesses the deficiencies of the pre-Lisbon system. In particular it analyses the negative consequences for legitimacy arising from the restrictions on justiciability in respect of pre-Lisbon JHA measures in light of case law of the CJEU and the European Court of Human Rights. In Part two, it outlines the genesis and substance of the reforms in the Treaty of Lisbon, including a summary of the transitional regime that will to apply to the jurisdiction of the CJEU over the pre-Lisbon acquis. In conclusion, the Article assesses the effectiveness of the Treaty of Lisbon jurisdictional reforms from the perspective of compliance with the rule of law.
Original languageEnglish
Pages (from-to)784-804
JournalEuropean Human Rights Law Review
Issue number6
DOIs
Publication statusPublished - 1 Jan 2009

Keywords

  • jurisdictional powers
  • Court of Justice of the European Union
  • Justice and Home Affairs
  • pre-Lisbon
  • post-Lisbon
  • Title VI TEU
  • Title V of Part Three TFEU
  • legitimacy
  • justiciability
  • case law
  • European Court of Human Rights
  • Treaty of Lisbon
  • transitional regime
  • rule of law

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