Expanding the CJEU Jurisdiction in Lisbon Treaty

As established in the case of Costa v. ENEL, the CJEU's doctrine of the supremacy of EU law reinforces the idea that EU law takes precedence over national laws.¹ This principle was reiterated by the Lisbon Treaty, which explicitly acknowledged the supremacy of EU law.² While this facilitates uniformity and legal certainty, the CJEU wields considerable authority in defining the legal landscape, potentially raising concerns about democratic accountability.

The Lisbon Treaty expanded the CJEU's jurisdiction to encompass a broader spectrum of legal scope, including justice and home affairs.³ This expansion means that more policy areas previously under the sole control of member states are now subject to CJEU oversight. While this raises concerns about the potential infringement on national sovereignty, it is seen as a movement toward further integration and harmonisation in EU society.⁴ With an expanded purview of its authority, the CJEU's decisions can significantly impact the daily lives of EU citizens. While the CJEU is independent and impartial, its judges are appointed by member states, prompting a critical discussion on how to make the appointment process more transparent and accountable to the public.

The CJEU's role in interpreting EU law and the Lisbon Treaty's purpose to enhance the European Parliament's powers require a balance between judicial and legislative authority. It is crucial to maintain this balance to avoid potential tensions between the CJEU and elected representatives, as well as to ensure that EU citizens' concerns are effectively addressed.

Changes Introduced by the Treaty of Lisbon

The Treaty of Lisbon brought about significant changes that mirrored the provisions of the proposed constitutional treaty.⁵ While the constitutional treaty aimed to replace both the TEU and the EC Treaty, the ToL retained and amended these treaties. Furthermore, the EC Treaty was redefined as the Treaty on the Functioning of the European Union.⁶ The European Union has supplanted and succeeded the European Community, and the TEU and the TFEU collectively form 'the Treaties' on which the Union is founded with regard to Article 1 TEU.⁷ The accepted references are now the European Union (Union) and EU law (Union law), as terms such as European Community, European Communities, or Community law are no longer used.⁸

The Treaty of Lisbon is organised into three parts. Firstly, Article 1 revises the TEU.⁹ Secondly, Article 2 amends the EC Treaty and redesignates it as the TFEU.¹⁰ Lastly, Articles 3–7 comprise the final provisions, including Article 5(1) of the ToL, which addresses the renumbering of the Treaties.¹¹

The Treaty of Lisbon also introduced essential changes with the purpose of improving the efficiency and democratic legitimacy of the Union and enhancing coherence, as illustrated in the provisions in the ToL.¹² With regard to Article 1 and Article 1(2) TFEU, the TEU and TFEU are collectively referred to as 'the Treaties'.¹³

Article 3 of the TEU illustrates the Union's objectives, consolidating the objectives previously scattered in the former Article 3 of the EC Treaty and the former Article 2 of the TEU (concerning the EU).¹⁴ This single Article 3 of the TEU now embodies the core objectives.¹⁵ With regard to listed objectives, it prioritises peace, values, and the scope of freedom, security, and justice over the internal market of the EU.This is considered a shift in the Union's primary focus, moving from a primarily economic scope to a broader one. Reflecting this shift, Article 2 of the TEU illustrates the fundamental values of the Union, incorporating ‘respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights.’¹⁶

References

1. Flaminio Costa v ENEL (Case 6/64)
2. European Parliament, “The Treaty of Lisbon” (April 2023) https://www.europarl.europa.eu/factsheets/en/sheet/5/the-treaty-of-lisbon accessed 13 October
3. Stephen Carruthers, “The Treaty of Lisbon and the reformed jurisdictional powers of the European Court of Justice in the field of justice and home affairs” (2009), E.H.R.L.R. 6, 784-804 https://uk.westlaw.com/Document/ID080A3D1E60511DE9898DCDACE788896 accessed 14 October
4. Morano-Foadi, Sonia, and Jen Neller, Fairhurst's Law of the EU (Pearson International Content, 2020, 13th Edition) Available from: VitalSource, p.86
5. Morano-Foadi, Sonia, and Jen Neller, Fairhurst's Law of the EU (Pearson International Content, 2020, 13th Edition) Available from: VitalSource, p.34
6. European Parliament, “Treaty of Lisbon” https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-and-the-treaties/treaty-of-lisbon accessed 20 October 2023
7. Treaty of Union 1992, art.1
8. Morano-Foadi, Sonia, and Jen Neller, Fairhurst's Law of the EU (Pearson International Content, 2020, 13th Edition) Available from: VitalSource, p.37
9. Treaty of Lisbon 2007, art.1
10. Treaty of Lisbon 2007, art.2
11. Treaty of Lisbon 2007, arts.3-7; art.2
12. European Parliament, “Treaty of Lisbon” https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-and-the-treaties/treaty-of-lisbon