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 2: The European Court of Justice after Lisbon

Anthony Arnull


Anthony Arnull 1. INTRODUCTION This chapter considers the implications of the Treaty of Lisbon for the European Court of Justice (ECJ). It begins with the provisions agreed at Lisbon on the nomenclature of the three components of the European Union judicature. It then focuses on the ECJ, looking in particular at the procedure for appointing new members, its powers, the scope of its jurisdiction and fundamental rights. It concludes with some observations on the general approach likely to be taken by the ECJ in the post-Lisbon era. 2. WHAT’S IN A NAME? Since the entry into force of the Convention on Certain Institutions Common to the European Communities, the ECJ had called itself ‘the Court of Justice of the European Communities’. That usage was given Treaty recognition in the Single European Act and the pre-Lisbon TEU.1 The prospective demise of the European Community as an entity distinct from the European Union meant that the formal title of the ECJ would have to change. This led the Convention on the Future of Europe to give broader consideration to the nomenclature of the Union Courts. The outcome of its deliberations on the question are reflected in the first sentence of Article 19(1) of the post-Lisbon TEU, which provides: ‘The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts’.2 1 2 See Article 31 SEA; Articles 35(1) and 46 TEU (Nice version). The first sentence of Article I-29 (1) CT...

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