Revision and Change of EU Treaty Law: Selected Issues and Recent Developments
Andreas Orator
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Course description
In this brief course on EU treaty law, we will review the main modes of development of EU primary law. After a longer period of “semi-permanent” treaty revision starting with the Single European Act in the mid-1980s, in which the EU’s constitutional was was formally amended every few years (SEA, Maastricht, Amsterdam, Nice and Lisbon), no ordinary treaty revision has occurred in the last 15 years, despite the growing challenges and demands for the EU legal order in the “polycrisis”. This course will discuss why the process of European integration does no longer primarily rely on ordinary treaty-revision than on other modes of development.In 7 2-hour sessions, we will discuss the “rigid”, the “stable” and the “flexible” constitution of the EU. First, we will discover the reasons for the end of formal treaty change and tracing modes of autonomous treaty amendment. Furthermore, we will talk about the role of the European Council as a de facto constitutional law-maker, about the role of the ECJ in deferring to the decisions of technical or political actors, all paving the way for other, less visible forms of treaty development. Finally, we will discuss if and how the 2023 proposal of the European Parliament might create a new momentum for the first ordinary treaty amendment since the Treaty of Lisbon.
The class will require reading preparatory materials for each session and will encourage active participation in the form of short presentations. Readings will be announced and distributed through the Blackboard learning website.
For inquiries, please contact me andreas.orator@fu-berlin.de.
Method of instruction
7 x 2-hour sessions.Assessment
Evaluation will be based on a presentation, also to be handed in in written form at the end of the semester. close7 Class schedule
Regular appointments
Course description
In this brief course on EU treaty law, we will review the main modes of development of EU primary law. After a longer period of “semi-permanent” treaty revision ... read more