Changing the institutional framework for EU Justice and Home Affairs law without the Lisbon Treaty

Abstract:

Since the negative referendum vote on the Treaty of Lisbon, there has been some press discussion on the possibility of using the so-called ‘passerelles’ relating to Justice and Home Affairs (JHA) matters that exist within the current Treaty. A ‘passerelle’ clause allows for the amendment of the existing Treaty rules on decision-making and the jurisdiction of the Court of Justice, without a fully-fledged amendment to the Treaties, requiring a full national ratification process.