Zur Entwicklung der Unionsrechtsordnung nach Lissabon – Bedingungen, Herausforderungen und Perspektiven

Abstract

The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights – that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. Finally, it is developed that the global financial crisis can be regarded as an example for the role realized by the European Union and its Member States in the age of globalization. The powers conferred to the institutions allow the EU to meet international challenges. But the problem of sufficient democratic legitimation needs to be treated in a more coherent way. Ultimately, a system should be discussed that is able to ensure a dynamic balance between the respect of the powers and its limits conferred upon the EU and the necessity for a democratic legitimation of European sovereignty.