Editorial comments

Common Market Law Review

Volumn 45, Issue 2, 2008, Pages 317-322

[No Author Info available]

Author keywords

[No Author keywords available]

Indexed keywords

EID: 42949131702     PISSN: 01650750     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Editorial

References (23)

1. See the Preamble of the Treaty amending the Treaty on European Union and the Treaty establishing the European Community; see also the IGC Mandate, June 2007.
2. "Unclear EU Treaty provisions causing 'nervousness'", EUObserver, 28 Nov. 2007.
3. See e.g. Arts. 4(1)-(2), 5(1)-(2) TEU (Lisbon). Unless indicated otherwise, all Articles referred to in this editorial are renumbered in accordance with the table of equivalence included in the Treaty of Lisbon.
4. Art. 18(3) and (4) TEU (Lisbon).
5. It should be recalled that Art. 17 TEU (Lisbon) stipulates that "[w]ith the exception of the [CFSP], and other cases provided for in the Treaties, [the Commission] shall ensure the Union's external representation".
6. Art. 18(4) TEU (Lisbon).
7. The new Treaty no longer refers to the notion of the Community, which is being abolished as a separate entity, or the "acquis communautaire".
8. Art. 17(6)(b) TEU (Lisbon), and Art. 248 TFEU.
9. Conversely, an early appointment of the HR could have an effect on the appointment of the Commission's President, in that it might itself depend on the candidate's openness to Member States' wishes regarding the role of the HR/VP within the College.
10. Art. 15(6) TEU.
11. Art. 27(3) TEU.
12. Art. 15(6) TEU.
13. See in this regard pt. 5 of the "issues paper on the European External Action Service" prepared by the HR and the President of the Commission, and annexed to the joint progress report by the Secretary-General/ High Representative and the Commission on the European External Action Service; Doc. 9956/05; 9 June 2005.
14. See in this regard the joint progress report by the Secretary-General/ High Representative and the Commission on the European External Action Service; Doc. 9956/05; 9 June 2005.
15. Declaration 15 of the Final Act, which could already be found in the Constitutional Treaty, states: "The Conference declares that, as soon as the Treaty of Lisbon is signed, the Secretary-General of the Council, High Representative for the common foreign and security policy, the Commission and the Member States should begin preparatory work on the European External Action Service."
16. See in this regard, Declarations 13 and 14, Final Act.
17. Cf. Declaration 14, Final Act.
18. Since Art. 27 TEU (Lisbon) does not provide otherwise, the decision shall be taken by the Council acting unanimously, as foreseen in Art. 31 TEU (Lisbon).
19. Since Art. 27 TEU (Lisbon) is included in the chapter on CFSP (Chapt. 2 - Specific provisions on the Common Foreign and Security Policy), the Court should in principle not have jurisdiction with respect to those provisions, nor with respect to acts adopted on the basis of those provisions, as provided in Art. 275 TFEU.
20. Art. 21 TEU (Lisbon).
21. Current Art. 2 TEU.
22. Art. 40 TEU (Lisbon).
23. In this regard, see the Opinion of A.G. Mengozzi in Case 91/05, Commission v. Council (Small Arms and Light Weapons), delivered on 19 Sept. 2007.