Четвериков А.О. Система учредительных документов Европейского Союза в соответствии с Лиссабонским договором 2007 года

Аннотация: The article provides a systematic overview of the constituent acts of the European Union (EU) as they result from the comprehensive reform undertaken by the Treaty of Lisbon of 13 December 2007. After the entry into force of the Treaty of Lisbon (expected in 2009) the European Union will be founded on two constituent acts both having equal legal value and officially called “Treaties”: the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Charter of the Fundamental Rights of the European Union having the same legal value supplements the Treaties. The article contains a detailed analysis of the subject matter and structure of the TEU and TFEU preceded by a description of the legal nature of the Treaties in general. The special attention is paid to the new legal provisions inserted by the Treaty of Lisbon such as: – the new revision procedures of the Treaties with enlarged powers for the European Parliament and the European Commission; – the additional fields of the EU competencies (energy, civil protection, administrative cooperation, tourism, space policy etc.); – the new legal dimension for the existing fields of the EU activity (internal market, Area of Freedom, Security and Justice, Economic and Monetary Union, Union policies). The great attention is also paid to those provisions of the Treaties that may have repercussions on the future relationship between the EU and the Russian Federation. Accordingly, the article deals a lot with the legal foundations of the EU external action comprising: – the general principles and objectives established by the TEU and covering all the fields of the EU external action; – the provisions on the Common Foreign and Security Policy (including the Common Security and Defence Policy) as an non-economic part of the EU external action also governed by the TEU; – the other fields and instruments of the EU external action regulated by the TFEU such as Common Commercial Policy, Economic, Financial and Technical Cooperation with the Third Countries, International Agreements, Restrictive Measures (economic sanctions), EU diplomatic service and cooperation with the United Nations and other international organizations. The final part of the article characterises the protocols and annexes to the Treaties which include provisions on special issues, derogations for some Member States as well as transitional measures.

Abstract: The article provides a systematic overview of the constituent acts of the European Union (EU) as they result from the comprehensive reform undertaken by the Treaty of Lisbon of 13 December 2007. After the entry into force of the Treaty of Lisbon (expected in 2009) the European Union will be founded on two constituent acts both having equal legal value and officially called “Treaties”: the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Charter of the Fundamental Rights of the European Union having the same legal value supplements the Treaties. The article contains a detailed analysis of the subject matter and structure of the TEU and TFEU preceded by a description of the legal nature of the Treaties in general. The special attention is paid to the new legal provisions inserted by the Treaty of Lisbon such as: – the new revision procedures of the Treaties with enlarged powers for the European Parliament and the European Commission; – the additional fields of the EU competencies (energy, civil protection, administrative cooperation, tourism, space policy etc.); – the new legal dimension for the existing fields of the EU activity (internal market, Area of Freedom, Security and Justice, Economic and Monetary Union, Union policies). The great attention is also paid to those provisions of the Treaties that may have repercussions on the future relationship between the EU and the Russian Federation. Accordingly, the article deals a lot with the legal foundations of the EU external action comprising: – the general principles and objectives established by the TEU and covering all the fields of the EU external action; – the provisions on the Common Foreign and Security Policy (including the Common Security and Defence Policy) as an non-economic part of the EU external action also governed by the TEU; – the other fields and instruments of the EU external action regulated by the TFEU such as Common Commercial Policy, Economic, Financial and Technical Cooperation with the Third Countries, International Agreements, Restrictive Measures (economic sanctions), EU diplomatic service and cooperation with the United Nations and other international organizations. The final part of the article characterises the protocols and annexes to the Treaties which include provisions on special issues, derogations for some Member States as well as transitional measures.