How to amend the EU Treaties? Legal ways and deadlocks

Abstract The EU Treaties revision procedures have been conceived according to a federal design. That prompts the making of the following recommendations as to how to amend the EU Treaties: treaty revision must follow the specific amendment procedures of Article 48 TEU. Amending EU Treaties through Article 49 TEU‐based agreements is not legally feasible. each treaty amendment recommended by the Group of Twelve must be classified under the proper revision procedure. the shift from the ‘double unanimity’ requirement to a four‐fifths majority for treaty change should be made but without Member States being thereby bound by treaty revisions, they have not agreed.

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Publication Details

Journal
European Law Journal
Published
2024-12-01
DOI
https://doi.org/10.1111/eulj.12538
Primary Topic
European Union Policy and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

How to amend the EU Treaties? Legal ways and deadlocks

Dominique Ritleng
European Law Journal
European Union Policy and Governance
article

How to amend the EU Treaties? Legal ways and deadlocks

Dominique Ritleng
article en

Abstract

Abstract The EU Treaties revision procedures have been conceived according to a federal design. That prompts the making of the following recommendations as to how to amend the EU Treaties: treaty revision must follow the specific amendment procedures of Article 48 TEU. Amending EU Treaties through Article 49 TEU‐based agreements is not legally feasible. each treaty amendment recommended by the Group of Twelve must be classified under the proper revision procedure. the shift from the ‘double unanimity’ requirement to a four‐fifths majority for treaty change should be made but without Member States being thereby bound by treaty revisions, they have not agreed.

European Law JournalVol. 30(4)
Openalex Percentile: Top 56%
European Union Policy and Governance
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How to amend the EU Treaties? Legal ways and deadlocks — Dominique Ritleng · European Law Journal (2024) | TGRS Research Map | TGRS