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The Lisbon Treaty: De‐Constitutionalizing the European Union?

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  • CHRISTINE REH

Abstract

Calls to ratify the Lisbon Treaty by referendum have been countered with arguments about the Treaty's ‘non‐constitutional’ nature. Against this backdrop, this article asks how much ‘constitution’ is left in the new document. To answer this question, I assert that little is gained by classifying the Treaty in toto as a ‘European constitution’ or as the epitome of its failure. Instead, I develop an analytical framework that disaggregates the concept of constitution into its formal, material and symbolic functions, and systematically assess how far Lisbon would strengthen (or weaken) Europe's constitutional quality. The article suggests that, rather than transferring new competences to Brussels or making a constitutional saut qualitatif, Lisbon moderately bolsters the Treaties' formal functions; yet, in contrast to the Constitutional Treaty it adds little in material terms and is a decisive setback symbolically. Calls for ratification by referendum justified by the reform's extent are therefore ill‐founded.

Suggested Citation

  • Christine Reh, 2009. "The Lisbon Treaty: De‐Constitutionalizing the European Union?," Journal of Common Market Studies, Wiley Blackwell, vol. 47(3), pages 625-650, June.
  • Handle: RePEc:bla:jcmkts:v:47:y:2009:i:3:p:625-650
    DOI: 10.1111/j.1468-5965.2009.01819.x
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    References listed on IDEAS

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    1. Cindy Skach, 2005. "We, the Peoples? Constitutionalizing the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 43(1), pages 149-170, March.
    2. G. Federico Mancini, 1998. "Europe - The Case for Statehood ... and the Case Against An Exchange," Jean Monnet Working Papers 6, Jean Monnet Chair.
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    Cited by:

    1. Stefan Auer & Nicole Scicluna, 2021. "The Impossibility of Constitutionalizing Emergency Europe," Journal of Common Market Studies, Wiley Blackwell, vol. 59(S1), pages 20-31, September.
    2. Shawn Donnelly, 2023. "Clocks, Caps, Compartments, and Carve‐Outs: Creating Federal Fiscal Capacity Despite Strong Veto Powers," Politics and Governance, Cogitatio Press, vol. 11(4), pages 92-101.

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