Funkcje Rady Europejskiej w sferze unijnej władzy ustawodawczej
Role of the European Council in the Exercise of Legislative Function of the European Union

Summary/Abstract: The organisational and functional structure of EU institutions is based in the fundamental principleof institutional balance. As a result of the reforms made by the Treaty of Lisbon, it shows explicitreferences to the principle of separation of powers (in both subjective and objective aspects) whichhas a prominent place in the national constitutional orders of the Member States. The purpose of thisarticle is to identify those provisions of primary law codifying the powers of the European Council, which — when incorporated into the constitutional orders of the Member States — could be attributedto one of the traditional functions of the legislative power, thus proving the inclusion of the youngest EU institution in the realm of the EU legislative authorities, against the explicit negation of itslawmaking function.

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