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32 J. Soc. Welfare & Fam. L. 1 (2010)

handle is hein.journals/jnlosclwl32 and id is 1 raw text is: Journal of Social Welfare & Family Law Routiedge Vol. 32, No. 1, March 2010, 1-3 EDITORIAL The impact of the Treaty of Lisbon on social welfare and family law Helen Stalford The Treaty of Lisbon (OJ 2007, C 306) finally came into force in December 2009 following protracted negotiations, extensive media and political scrutiny, and a well- publicised series of setbacks. During this process, debates over the value and implications of EU membership resurfaced, with a particular focus on its implications for national sovereignty and democratic accountability. What of its impact, though, on social welfare and family law issues? Numerous articles published in this journal over the years have highlighted the growing significance of EU law in such areas. In fact, it is now difficult to identify any aspect of national welfare and family law which is not affected by EU law or policy, at least in an indirect way. Equality laws in the field of employment, harmonised measures governing immigration, asylum and the free movement of EU nationals, and provisions relating to consumer protection and the environment are obvious examples of direct EU intervention. But the more subtle influences of the EU have also been brought to bear on issues such as child protection, family law, disability discrimination, criminal procedure, humanitarian responses to international crises, education and healthcare. The Treaty of Lisbon reaffirms and consolidates the EU's role in such areas through more explicit reference to them in the streamlined and remoulded EC Treaty, now renamed the Treaty on the Functioning of the European Union. It also introduces some bold amendments to the constitutional and fundamental rights fabric of the EU, many of which are set out in the revised Treaty on European Union (OJ 2008, C 15/49). Many of these changes are likely to be of interest to readers of this journal.1 First, and perhaps most significantly, fundamental rights acquire an enhanced status. The Charter of Fundamental Rights in the European Union, previously lauded as a veritable 'pot pourri' of rights at EU level but with no direct, binding legal status (Shaw 2002), is given the same legal value as the Treaties (Article 6(1) TEU). Equally significant is the Treaty's resolution to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 6(2) TEU). While it is clear that such measures do not extend in any way the competences of the EU, they may well prompt a surge in rights- based challenges to the legality of EU or Member State actions (Craig 2008, p. 165) or at least encourage greater sensitivity to the human rights implications of EU measures at the drafting stage. Worthy of note also are the Treaty's attempts to address the perceived 'democratic deficit' of the EU. For instance, the EU institutions are now required to give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action (Article 11, TEU), while a new 'citizens' initiative' enables one million citizens who are nationals of a significant number of Member States to call directly on the European Commission to bring forward an initiative of interest to them in an area of EU competence (Commission 2009). More generally, the legislative process ISSN 0964-9069 print/ISSN 1469-9621 online © 2010 Taylor & Francis DOI: 10.1080/09649061003675816 http://www.informaworld.com

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