A Gesetzesvorbehalt for the European Union after the Treaty of Lisbon? The impact of the new category of “legislative acts” on the concept and aims of legislation

The Lisbon Treaty introduced a category of legal acts of the EU specifically qualified as “legislative”. After 10 years of practice and case law of the CJEU it is possible to analyse the consequences of this innovation both in the system of secondary law and in comparison with the traditional role of the (parliamentary) legislation at State level.
The study of the legislative acts is a good test to measure the degree of parliamentarisation of the EU, considering the position of the EP in the legislative procedures and the involvement of the National Parliaments.
The ultimate aim of the research is to investigate whether the introduction of “legislative acts” in the EU could have led to develop the entire heritage of the “lex” of the Member States, with specific regard to those of civil law tradition. In particular, whether it may have implied a specific significance in relation to fundamental rights, as it is foreseen by the continental understanding of parliamentary legislation.