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9 - Eight Ideas for Reforming EU Treaty Making

from Part III - The Practice of EU Treaty Making

Published online by Cambridge University Press:  20 July 2018

Dermot Hodson  and
Imelda Maher
Dermot Hodson
Affiliation:
Birkbeck College, University of London
Imelda Maher
Affiliation:
University College Dublin
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Summary

There is a broad consensus in the scholarly literature that EU treaty-making rules and norms should become more flexible. Such views are consistent with the two-level game approach, but they could, the two-level legitimacy approach warns, amplify problems of trust in the EU and national governments. This chapter critically examines the case for reforming EU treaty making, as viewed from the competing theoretical perspectives at the heart of this volume. It interrogates the case for (1) unanimity in treaty making, (2) the regulation of national referendums, (3) a pan-European referendum, (4) time locks on treaty reforms, (5) citizen-led treaty making, (6) judicial and parliamentary oversight, (7) a European Convention on the Law of Treaties and (8) allowing treaties to fail.
Type
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The Transformation of EU Treaty Making
The Rise of Parliaments, Referendums and Courts since 1950
 , pp. 246 - 272
Publisher: Cambridge University Press
Print publication year: 2018

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