The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 1: Who Leads the EU? Competences, Rivalry and a Role for the President of the European Council, the High Representative

Michael Mirschberger

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JOBNAME: Trybus and Rubini PAGE: 3 SESS: 7 OUTPUT: Tue Apr 24 15:08:21 2012 1. Who leads the EU? Competences, rivalry and a role for the President of the European Council, the High Representative of the Union for Foreign Affairs and Security Policy, the Presidency of the Council and the President of the European Commission Michael Mirschberger 1. INTRODUCTION By the 1st of December 2009, the European Union (EU) had developed a new structure. In addition to important new provisions and rights – especially regarding the competences of the European Parliament – the most apparent change seems to be the introduction of new leading positions as cornerstones of the architecture of the European legal and political system. In response to these changes, this chapter analyses the legal structure and competences of the new established President of the European Council (PEC) and the High Representative of the Union for Foreign Affairs and Security Policy (HR) with regard to the corresponding provisions of the TEU and the TFEU. Furthermore, this analysis will compare these new leading positions1 to the previously existing and remaining positions of the Presidency of the Council and the President of the European Commission, and thus assess them concerning their powers in the political system of the Union. Finally, the chapter will elucidate the 1 Although there has been already a predecessor for the HR of the Amsterdam Europe, the HR of the Lisbon Treaty does deviate so far from the former position that one has to talk of...

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