English: The article deals with issues of the nature of the EU from the point of view of the EU Constitutional Treaty and the Lisbon Treaty. The European Council. Straipsnyje Europos Sąjungos (ES) konstitucinės sutarties ir Lisabonos sutarties požiūriu analizuojami ES prigimties klausimai1. m. birželio 21–22 d. The Paperback of the Lisabonos sutartis () by The Law Library at Barnes & Noble. FREE Shipping on $25 or more!.

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Institutional Repository of Vytautas Magnus University: Not only the Lisbon Treaty, but the case law and analysis of scientific articles were used for the research.

In such a way it was tried to answer the question whether the Lisbon Treaty conferred the European Union competence to act externally the energy policy? In the thesis having analysed some primary legislation, i. Energy policy was highlighted as an individual area established in Articlea shared competence between the member states and the EU energy policy sector was provided.

An external energy policy is formed: Also after the analysis of scientific articles it is worth noting that the EU needs to contribute to the external energy policy making and strengthen the energy sector as a separate policy area has become increasingly evident during Russian-Ukrainian gas crisis.

Also after energetically weak member states having entered the EU as well as during the evolution of other EU politicians when energy policy could no longer be a part of these policies. Having analysed the provisions of a common commercial policy established in the Lisbon Treaty it was found that in this area of policy the EU is granted an exclusive competence.


Through the exclusive competence only the Union may adopt legally binding acts, and the member states can do that only being obliged by the Union, or if it is necessary for the implementation of Union acts. The essence of the exclusive competence is that the EU through its exceptional powers to implement its jurisdiction at most and that means that the legislation adopted by the EU institutions completely and fully regulate energy policy while there is no room left for national legislation.

Furthermore, the common commercial policy according to the Lisbon Treaty has expanded to Foreign direct investment FDItherefore, the European Union has become a major actor carrying out the external policy on the international level, entering into international agreements with third parties and legally binding regulations.

In the Treaty on the Functioning of the European Union the doctrine is reflected in Article 3 1 which provides the exclusive competence of the EU, and Article 1 through which the EU have the right to enter into international agreements.

The new comprehensive European investment policy enables the EU to utilize its leverage to negotiate favourable terms with non-Member States and consistency in protection standards worldwide.

lixabonos However, there are still uncertain future and EU competence of existing investment treaties signed by Member States before the Lisbon treaty entered autartis force. The analysis of the Lisbon Treaty showed that through the shared competences the EU is provided with the right to operate in the areas of the energy, trans-European networks and the environment.

The EU is also provided with the competence to adopt measures significantly affecting the member states, when they are choosing different energy sources and their overall energy supply structure.


However, the member states keep the right to define terms of use of its energy resources, to choose between different energy sources and to establish the general structure of the energy supply. In addition, the principle of subsidiarity and solidarity established in the treaty leaves a lot of uncertainty, but also allows the EU to strengthen its competence as well.

After the analysis of the thesis it was found that the Lisbon Treaty provided the EU’s with sutratis to sutaetis in external energy sector, although, regarding the treaty this competence is not always clearly defined.

This is justified, even in cases where this area shows obviously the member states’ prerogatives. However, the analysis clearly confirmed not only an exclusive competence of the EU, but also a major power to act in direct foreign investments, as well as through supply agreements with third parties in cooperation with the WTO.

Treaty of Lisbon brought an extension and clarification of EU competence, a greater role for the European Parliament EP and the inclusion of external trade and investment policy, along with foreign and security, environment and development policies in the now unified European External Action.

The research analysis revealed that the hypothesis is confirmed.