The Treaty of Lisbon and the Reformed Jurisdictional Powers of the European Court of Justice in the Field of Justice and Home Affairs.

Stephen Carruthers, Dublin Institute of Technology

Document Type Article

European Human Rights Law Review, Issue 6, 2009, pp. 784-804


This Article analyses the jurisdictional powers of the Court of Justice of the European Union (CJEU) in respect of Justice and Home Affairs (JHA) measures both under pre-Lisbon Title VI TEU and post-Lisbon under Title V of Part Three TFEU. In Part one, it assesses the deficiencies of the pre-Lisbon system. In particular it analyses the negative consequences for legitimacy arising from the restrictions on justiciability in respect of pre-Lisbon JHA measures in light of case law of the CJEU and the European Court of Human Rights. In Part two, it outlines the genesis and substance of the reforms in the Treaty of Lisbon, including a summary of the transitional regime that will to apply to the jurisdiction of the CJEU over the pre-Lisbon acquis. In conclusion, the Article assesses the effectiveness of the Treaty of Lisbon jurisdictional reforms from the perspective of compliance with the rule of law.