From Legal Instruments to Legal Acts - 'Lisbon' and the Organization of the European Union Legislature (Van Rechtsinstrumenten Naar Rechtshandelingen - ‘Lissabon’ En De Introductie Van Een Europees Primaat Van De Wetgever)

Abstract

The Treaty of Lisbon marks a significant step in strengthening the constitutional nature of the European Union's legislative power. Stronger links are established between content, procedure and instruments of legislation. Key aspect is the introduction of the distinction between legislative and non-legislative acts. This introduction marks a fundamental conceptual change of perspective on the EU's legislative power and allows for substantial differences in approach in terms of legal effects and establishes a more distinct connection with legislatures of the Member States.

Legal acts of the European Union are thus not merely policy instruments, but fully embedded in a system subject to the rule of law. These developments are also indicatory of the process of convergence of the organization of legislative powers at the national and the European levels. This allows for an integrated perspective on the national and European aspects of legislative power. The Treaty of Lisbon has also strengthened the internal coherence of the legislative function at the European level as a result of the abolishment of the pillar structure. Especially the field of Freedom, Securitity and Justice, in which the legality principle is key, is now fully subject to the EU's general legislative framework.

Other aspects of the Treaty of Lisbon harm the constitutional nature of the EU's legislative power as well as possibilities for convergence of national and European legislatures. A number of exceptions and 'special' legislative procedures affect the coherence of the legislative system. Moreover, these exceptions and special procedures generally result in a weaker position of the European Parliament. The principle of democratic legitimacy of legislation which underlies all Western legal orders is thus eroded, albeit that the Treaty of Lisbon at least marks a step forward in relation to previous treaties.

Keywords: EU legal acts, EU legislation, Legislation and Regulation, Treaty of Lisbon, EU legislative power