Protocol (No 30) on the Application of the Principles of Subsidiarity and Proportionality (Amsterdam, 2 October 1997)
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Davor Jancic the Barroso Initiative: Window Dressing Or Democracy Boost?
Davor Jancic The barroso initiative: window dressing or democracy boost? Article (Published version) (Refereed) Original citation: Jancic, Davor (2012) The barroso initiative: window dressing or democracy boost? Utrecht Law Review, 8 (1). pp. 78-91. ISSN 1871-515X © 2012 The Author This version available at: http://eprints.lse.ac.uk/51580/ Available in LSE Research Online: August 2013 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This article is published in a peer-reviewed section of the Utrecht Law Review The Barroso Initiative: Window Dressing or Democracy Boost? Davor Jančić* 1. Introduction: refurbishing EU parliamentary democracy Although historically five years is a negligible period of time, in European integration it can spark impor- tant developments. Such is the case with the so-called Barroso Initiative (the Initiative), named after João Manuel Durão Barroso, incumbent second-term President of the European Commission. The purpose of his Initiative is to reinforce the democratic basis of the Union by involving national parliaments of the Member States more closely in the EU policy-making processes beyond the texts of the founding treaties. -
The Future of European Education: a Political Strategy & Four Action Areas
Eur J Futures Res (2014) 2:49 DOI 10.1007/s40309-014-0049-2 ORIGINAL ARTICLE The future of European education: A political strategy & four action areas Alfonso Diestro Fernández Received: 15 October 2014 /Accepted: 17 November 2014 /Published online: 16 December 2014 # The Author(s) 2014. This article is published with open access at Springerlink.com Abstract The European integration project is confronting Introduction one of the greatest challenges in its recent history. The pro- found current financial crisis is jeopardising both trust in the Nobody can now ignore that Europe is currently facing a huge process of integration and the support of European Union predicament; this obliges Europe to reinvent itself once again citizens. This paper aims to show the need to find transversal if the region wishes to realise the original aspirations that solutions to the immediate and future challenges that the motivated the current project of building and integrating Eu- European integration project faces. These solutions could rope, establishing a closer union between its peoples and its emerge from the retrieval of the idea of including a European regions. In the present context, characterised by the econom- Dimension in Education, as a joint political strategy of the ical crisis, the political programmes of only one way and the European Union and the Council of Europe, given that two political disaffection of the citizens with the European project, separate, but convergent, trends have been identified. Special it is a matter of urgency to find new proposals, also for importance will be placed on the four action points that the educational politics, across a new process of deliberation European dimension could adopt (curricular and teaching between institutions and Members States. -
The Principle of Subsidiarity and Its Enforcement in the EU Legal Order
The Principle of Subsidiarity and its Enforcement in the EU Legal Order The Role of National Parliaments in the Early Warning System Katarzyna Granat HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 Copyright © Katarzyna Granat , 2018 Katarzyna Granat has asserted her right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Author of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www. nationalarchives.gov.uk/doc/open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. -
The European Union in Transition: the Treaty of Nice in Effect; Enlargement in Sight; a Constitution in Doubt
Fordham International Law Journal Volume 27, Issue 2 2003 Article 1 The European Union in Transition: The Treaty of Nice in Effect; Enlargement in Sight; A Constitution in Doubt Roger J. Goebel∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj The European Union in Transition: The Treaty of Nice in Effect; Enlargement in Sight; A Constitution in Doubt Roger J. Goebel Abstract This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse. THE EUROPEAN UNION IN TRANSITION: THE TREATY OF NICE IN EFFECT; ENLARGEMENT IN SIGHT; A CONSTITUTION IN DOUBT Rogerj Goebel* INTRODUCTION Once again the European Union' (the "EU" or the "Union") is in a stage of radical evolution. Since the early 1990's, the EU has anticipated an extraordinary increase in its constituent Member States2 through the absorption of a large number of Central European and Mediterranean nations. Since the late 1990's, the Union has been negotiating the precise terms for their entry with a dozen applicant nations and has been providing cooperative assistance to them to prepare for their accession to the Union and in particular, its principal con- stituent part, the European Community.3 As this enlargement of the Union came more clearly in sight, the political leadership and the present Member States, joined by the Commission, con- * Professor and Director of the Center on European Union Law, Fordham Univer- sity School of Law. -
Perspectives for Reform in the European Union Nicolai Von Ondarza
Introduction Stiftung Wissenschaft und Politik German Institute for International and Security Affairs Comments Blocked for Good by the Threat of Treaty Change? WP S Perspectives for Reform in the European Union Nicolai von Ondarza The European Union faces a fundamental dilemma. On the one hand, pressure to reform its structures is growing. The hard negotiations with Greece in summer 2015 have revived the debate on deepening the Eurozone, while at the same time London is pushing to roll back integration, at least for itself. On the other hand, national governments reject any moves that would require a treaty change (such as transfer of powers) as politically impossible. Legal options for evading the dilemma and developing the Union by “covert integration” do exist, but these require unanimous political agreement among all the national governments – and would in the medium term require treaty changes to restore transparency and democratic legitimacy. The traumatic process of negotiating and bought itself some time for reform, the vola- ratifying the EU Constitutional Treaty and tile negotiations with Greece in summer the Treaty of Lisbon has left deep marks. 2015 again spotlighted the persistence of Ever since, national governments have con- grave deficits in its economic and political sistently avoided initiating significant treaty structures. In response, France in summer amendments, including at the height of 2015 proposed strengthening the Eurozone the euro crisis. Even in projects such as the with a finance minister with a budget and banking union, they have instead turned a parliament of its own. Concurrently, in to treaties outside the EU framework. June 2015 the presidents of five European Despite this reservation – or perhaps institutions (Commission, Council, ECB, precisely because of it – pressure to tackle Eurogroup and European Parliament) pub- reform of primary law is growing. -
Implementing the Protocol 36 Opt
September 2012 Opting out of EU Criminal law: What is actually involved? Alicia Hinarejos, J.R. Spencer and Steve Peers CELS Working Paper, New Series, No.1 http://www.cels.law.cam.ac.uk http://www.cels.law.cam.ac.uk/publications/working_papers.php Centre for European Legal Studies • 10 West Road • Cambridge CB3 9DZ Telephone: 01223 330093 • Fax: 01223 330055 • http://www.cels.law.cam.ac.uk EXECUTIVE SUMMARY Protocol 36 to the Lisbon Treaty gives the UK the right to opt out en bloc of all the police and criminal justice measures adopted under the Treaty of Maastricht ahead of the date when the Court of Justice of the EU at Luxembourg will acquire jurisdiction in relation to them. The government is under pressure to use this opt-out in order to “repatriate criminal justice”. It is rumoured that this opt-out might be offered as a less troublesome alternative to those are calling for a referendum on “pulling out of Europe”. Those who advocate the Protocol 36 opt-out appear to assume that it would completely remove the UK from the sphere of EU influence in matters of criminal justice and that the opt-out could be exercised cost-free. In this Report, both of these assumptions are challenged. It concludes that if the opt-out were exercised the UK would still be bound by a range of new police and criminal justice measures which the UK has opted into after Lisbon. And it also concludes that the measures opted out of would include some – notably the European Arrest Warrant – the loss of which could pose a risk to law and order. -
The Political Context of Eu Accession in Hungary
European Programme November 2002 THE POLITICAL CONTEXT OF EU ACCESSION IN HUNGARY Agnes Batory Introduction For the second time since the adoption of the Maastricht Treaty – seen by many as a watershed in the history of European integration – the European Union (EU) is set to expand. Unlike in 1995, when the group joining the Union consisted of wealthy, established liberal democracies, ten of the current applicants are post-communist countries which recently completed, or are still in various stages of completing, democratic transitions and large-scale economic reconstruction. It is envisaged that the candidates furthest ahead will become members in time for their citizens to participate in the next elections to the European Parliament due in June 2004. The challenge the absorption of the central and east European countries represents for the Union has triggered a need for internal institutional reform and new thinking among the policy-makers of the existing member states. However, despite the imminence of the ‘changeover’ to a considerably larger and more heterogeneous Union, the domestic profiles of the accession countries have remained relatively little known from the west European perspective. In particular, the implications of enlargement in terms of the attitudes and preferences of the new (or soon to be) players are still, to a great extent, unclear. How will they view their rights and obligations as EU members? How committed will they be to the implementation of the acquis communautaire? In what way will they fill formal rules with practical content? BRIEFING PAPER 2 THE POLITICAL CONTEXT OF EU ACCESSION IN HUNGARY Naturally, the answers to these questions can only government under the premiership of Miklós Németh be tentative at this stage. -
Explaining the Treaty of Amsterdam: Interests, Influence, Institutions*
Journal of Common Market Studies Vol. 37, No. 1 March 1999 pp. 59–85 Explaining the Treaty of Amsterdam: Interests, Influence, Institutions* ANDREW MORAVCSIK and KALYPSO NICOLAÏDIS Harvard University Abstract This article offers a basic explanation of the process and outcome of negotiat- ing the Treaty of Amsterdam. We pose three questions: What explains the national preferences of the major governments? Given those substantive national preferences, what explains bargaining outcomes among them? Given those substantive bargains, what explains the choice of international institu- tions to implement them? We argue in favour of an explanation based on three elements. Issue-specific interdependence explains national preferences. Inter- state bargaining based on asymmetrical interdependence explains the out- comes of substantive negotiation. The need for credible commitments explains institutional choices to pool and delegate sovereignty. Other oft-cited factors – European ideology, supranational entrepreneurship, technocratic consider- ations, or the random flux and non-rational processes of ‘garbage can’ decision-making – play secondary roles. Remaining areas of ambiguity are flagged for future research. * We would like to thank Simon Bulmer, Noreen Burrows, Stanley Crossick, Richard Corbett, Franklin Dehousse, Youri Devuyst, Geoffrey Edwards, Nigel Evans, Stephen George, Simon Hix, Karl Johansson, Nikos Kotzias, Sonia Mazey, John Peterson, Constantino Papadopoulos, Michel Petite, Eric Philippart, Jeremy Richardson, Brendon Smith, Alexander Stubb, Helen Wallace, William Wallace, Alison Weston and Neil Winn for assistance and conversations. In the current version we have cited only essential sources, for example those underlying direct quotations. An extended version can be found in Moravcsik and Nicolaïdis (forthcoming). © Blackwell Publishers Ltd 1999, 108 Cowley Road, Oxford OX4 1JF, UK and 350 Main Street, Malden, MA 02148, USA 60 ANDREW MORAVCSIK AND KALYPSO NICOLAÏDIS I. -
1999 After Amsterdam, ILGA-Europe. English Version
ILGA-Europe After Amsterdam: SexualOrientation and the EuropeanUnion Supported by the European Commission A Guide and the Austrian Federal Government e u r o p e This guide is published by ILGA-EUROPE , the European Region of the International Lesbian and Gay Association rue du Marché-au-charbon/Kolenmarkt 81 B-1000 Brussels Phone/fax: +32-2-502.24.71 E-mail: [email protected] http://www.steff.suite.dk/ilgaeur.htm ILGA-Europe enjoys consultative status with the Council of Europe and is a member of the Platform of European Social NGOs Project co-ordinator: Kurt Krickler Design: Friedl Nussbaumer The publisher can provide upon request a version of this guide on diskette. This report is also available in French, German and Spanish and can be found in all four languages at ILGA-Europe’s web-site. © Authors/ILGA-Europe, Brussels 1999 Readers are encouraged to copy and disseminate this document widely provided that appropriate reference is made to the source. Printed in Austria by Melzer Druck Ges.m.b.H., Vienna ILGA-Europe After Amsterdam: SexualOrientation and the EuropeanUnion A Guide September 1999 e u r o p e Table of contents Table TABLE OF CONTENTS PREFACE . 6 Chapter 1: THE ROAD TO AMSTERDAM . 8 1. Before Amsterdam . 8 A. Social policy . 8 B. Fundamental rights, discrimination and citizenship . 10 C. The Intergovernmental Conference . 11 2. The Treaty – towards a social Europe? . 12 A. Discrimination and fundamental rights . 12 B. The Social Chapter . 13 C. Employment . 13 D. Subsidiarity . 14 Chapter 2: THE TREATY OF AMSTERDAM . 15 Introduction . -
Treaty of Nice
Treaty of Nice Introduction The Treaty of Nice was agreed at the Nice European Council in December 2000. It represented a further attempt by the governments of the member states to find a workable means of moving forward the process of European integration, and to prepare for the coming enlargement of the EU to include ten new members. Negotiations were divided by the re-emergence of old arguments over the benefits of intergovernmental as opposed to supranational models for the running of the EU. Nevertheless, the final document made significant changes to how the EU would be run in the future. History Arguments raged over the future direction of the EU following the Treaty of Amsterdam (1997) as member states tried to reform the Commission andHow European does Council a beforeGeneral enlargement. Election French actuallyPresident Jacques work? Chirac wanted to see more power given to the EuropeanThe UK Council is a liberal and lessdemocracy. power resting This means in the that hands we of democratically the Commission. elect Meanwhile, politicians, who Commission President Romanorepresent Prodi argued our interests. for the opposite It also involves model (givingthat individual more power rights to are the protected. Commission and less to the Council), while a third and altogether more radical proposal came from German Foreign Minister Joschka Fischer who set out. a vision for a parliamentaryThe type of European liberal democracy Federation. we have is a constitutional monarchy, where the powers of the monarch are limited by the terms and conditions put down in the constitution. This was the basis upon which an Intergovernmental Conference met throughout much of 2000 to discuss the reform of EU decision-making to prepare for enlargement. -
Does Subsidiarity Ask the Right Question?
2. The Union shall also have exclusive competence for the conclusion of an internation- al agreement when its conclusion is provided for in a legislative act of the Union or is INSTITUTIONAL INNOVATIONS necessary to enable the Union to exercise its internal competence, or in so far as its con- clusion may affect common rules or alter their scope. Does Subsidiarity Ask the Right Question? But subsidiarity is not the only principle in the EU Treaty that relates to the distribution of Jörgen Hettne Senior Researcher, SIEPS powers between the EU and Member States. Article 5 TEU contains in fact three fundamen- Fredrik Langdal Researcher, SIEPS tal principles, which each impose limitations on the institutions of the Union: the principles of conferral, subsidiarity and proportionality. The meaning of these principles can be summarised as follows. The principle of conferral controls when the EU is able to act, the principle of subsidiarity when the EU should act and the principle of proportionality how the EU should act. In contrast to the principle of conferral, the principles ubsidiarity was formally introduced in the European Union (EU) with the Maastricht of subsidiarity and proportionality are therefore not concerned with the issue if the EU has the Treaty, which entered into force on 1 November 1993. By introducing this principle, power to do something or not, but rather impose certain conditions on how these powers should SMember States wanted to impose a check on how EU institutions used their powers. The be used. While the principle of subsidiarity regulates whether and to what extent the powers are principle of subsidiarity implies a preference for decisions to be taken as close as possible to to be exercised, the principle of proportionality shall ensure that they do not give rise to actions the people affected, but if more efficient outcomes can be reached at the central level, then that are more extensive than is necessary to achieve the objectives of the Union. -
Exporting the Acquis Communautaire Into the Legal Systems of Third Countries
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by National University of Kyiv-Mohyla Academy Exporting the Acquis Communautaire into the Legal Systems of Third Countries ROMAN PETROV* Abstract. This article explores the role of the EU as a global actor in international relations and a promoter of its own standards and values abroad. In particular, this article studies selected substantive and procedural means of exporting the acquis communautaire into the legal systems of third countries. It is argued that the substantive means refer to the fundamental ways of implementing the acquis into third country legal orders. The procedural means relate to specific technical/procedural tools which either directly or indirectly encourage the implementation of the acquis into third country legal orders. The article concludes that these substantive and procedural means are not uniformly applicable, but are rather exercised in accordance with the specific objectives of EU external agreements. Analysis of the selected EU external agreements illustrates that their objectives unquestionably constitute a driving force behind understanding the role and mechanism of the substantive and procedural means of exporting the acquis communautaire. I Introduction The process of exporting the acquis communautaire1 into legal orders of third countries is an indispensable part of the challenging role of the EU as a global * Jean Monnet Lecturer, Donetsk National University, Donetsk, Ukraine and Max Weber Fellow, European University Institute, Florence, Italy. 1 In accordance with the EU’s Glossary of Definitions, ‘The Community acquis’ is the body of common rights and obligations which bind all the Member States together within the European Union.