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13.
Die Problematik des Lissabon-Vertrages
Scholler, Heinrich, 1929-
The paper addresses the problematic issues of the Lisbon Treaty. It starts by highlighting the problems signaled by the failed initial Irish referendum and originating in the controversial ...constitutional debate in the Union since the nineties. It provides an overview of the initial proposals on solving the crisis and two research projects (devised by Jurgen Schwarze and the Rosmini Institute) on constitutionalism in the EU, as well as the delicate constitutional situation in Germany. Then it moves on to the discussion of the Lisbon Treaty itself, its structure and its most notable modifications of the existing Treaties, and the problems of its ratification as well as reconciliation with national legal systems, focusing on the delicate issue of balancing the competences of the EU and its Member States, and concludes with the implications of the German Federal Constitutional Court decision on the Lisbon Treaty in the summer of 2009.
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