The Politics of Legal Expertise in EU Policy-Making

2021 ◽  
Author(s):  
Päivi Leino-Sandberg
Keyword(s):  
Decision Making ◽  
European Union ◽  
Policy Making ◽  
The European Union ◽  
Legal Requirements ◽  
Significant Power ◽  
Eu Policy ◽  
Legal Advice ◽  
Legal Expertise ◽  
The Eu

Legal advisers working in the institutions of the European Union exercise significant power, but very little is known about their work. Notwithstanding the handful of cases where legal matters find their way into the news, legal advice remains invisible in EU policy making. For more than ten years Päivi Leino-Sandberg was a part of the invisible community of EU legal advisers, and participated in the exercise of their power. In this book, she shares her insights about how law and lawyers work in the EU institutions, and what their role and impact is on EU decisions from within the decision-making structure. She draws on interviews with over sixty EU lawyers and policymakers: legal experts who interpret the Treaties within the Institutions, draft legislation and defend the Institutions before the EU Court. Telling the true stories behind key negotiations, this book explores the interplay and tensions between legal requirements and political ambitions.

Policy-Making in the European Union

2020 ◽  
Keyword(s):  
European Union ◽  
Policy Making ◽  
National Level ◽  
The European Union ◽  
Eu Policy ◽  
Theoretical Approaches ◽  
Wide Range ◽  
The Common ◽  
Key Events ◽  
The Eu

Policy-Making in the European Union explores the link between the modes and mechanisms of EU policy-making and its implementation at the national level. From defining the processes, institutions and modes through which policy-making operates, the text moves on to situate individual policies within these modes, detail their content, and analyse how they are implemented, navigating policy in all its complexities. The first part of the text examines processes, institutions, and the theoretical and analytical underpinnings of policy-making, while the second part considers a wide range of policy areas, from economics to the environment, and security to the single market. Throughout the text, theoretical approaches sit side by side with the reality of key events in the EU, including enlargement, the ratification of the Treaty of Lisbon, and the financial crisis and resulting Eurozone crisis, focusing on what determines how policies are made and implemented. This includes major developments such as the establishment of the European Stability Mechanism, the reform of the common agricultural policy, and new initiatives to promote EU energy security. In the final part, the chapters consider trends in EU policy-making and the challenges facing the EU.

14. Policy-making in the European Union

2016 ◽  
Author(s):  
Ralf Drachenberg ◽  
Alex Brianson
Keyword(s):  
European Union ◽  
Policy Making ◽  
Best Practice ◽  
The European Union ◽  
New Governance ◽  
Policy Decisions ◽  
State Action ◽  
Eu Policy ◽  
Governance Tools ◽  
The Eu

This chapter examines the process of policy-making in the European Union. It first considers how the EU originally made policy decisions before tracing the evolution of the formal balance between the EU institutions over time, with particular emphasis on the increasing legislative power of the European Parliament. It then describes the Community method, which remains the core of the EU policy process but is now complemented with a range of ‘new governance tools’ designed to produce coordinated member state action through iterated processes of standard-setting, best practice identification, and knowledge transfer. One of these processes is the open method of coordination (OMC). The chapter concludes with an analysis of the implementation of EU policy decisions by and in the member states, along with current trends in EU decision-making after the EU enlargements of the 2000s and the ratification of the Lisbon Treaty.

Grexit and Brexit: Incidents, accidents and wake-up calls on the bumpy road of European (dis)integration

2020 ◽  
pp. 096977642097061
Author(s):  
George Petrakos ◽  
Alexandra Sotiriou
Keyword(s):  
European Union ◽  
Policy Making ◽  
Maastricht Treaty ◽  
Policy Agenda ◽  
The European Union ◽  
Policy Integration ◽  
The Real ◽  
Eu Policy ◽  
Eu Countries ◽  
The Eu

Almost 30 years since the Maastricht Treaty and 20 years since the introduction of the euro, it is clear that the European Union (EU) has lost its appeal to wider constituencies and citizen groups that realize that the promises for convergence and prosperity have not been delivered. Rising dissatisfaction and Euroscepticism (expressed both in the ballot box and in Eurobarometer reports) is evident even in traditional pro-EU countries of the European core. As this long decade comes to an end, incidents (or accidents) like these ones, either in the form of open discontent, or in the form of rising populism, will exert pressure on the EU policy agenda that will either increase the frequency of deadlocks and inefficiency in policy making or will eventually lead to an honest effort to address the roots of these phenomena. This paper examines the drivers behind these two incidents (and the ones that may follow) and the limits of the current market and policy integration arrangements in the EU, arguing that a new policy agenda addressing the real weaknesses of the Union is inevitable if disintegration is to be avoided. Luckily enough, some elements of this new policy agenda may already be here.

scholarly journals Multi-level governance in a ‘Europe with the regions’

2020 ◽  
Vol 22 (4) ◽  
pp. 767-775
Author(s):  
Arjan H Schakel
Keyword(s):  
Decision Making ◽  
European Union ◽  
Policy Making ◽  
Multilevel Governance ◽  
Eu Policy ◽  
Multi Level ◽  
National Governments ◽  
The Impact ◽  
Scholarly Attention ◽  
The Eu

The concept of multilevel governance was introduced to reveal the impact of regions on European Union (EU) policy making in Brussels. In this contribution, I show that multilevel governance also exposes regional involvement in EU affairs within the member states. In contrast to perspectives that focus on formal decision-making by central governments, multilevel governance uncovers significant sharing of authority between governmental actors within and beyond national states even in cases where the formal right to make a decision lies with national governments or the EU legislator. I argue that the concept of multilevel governance is key for understanding developments within a three-tiered EU polity because it directs scholarly attention to the incentives for regions to be involved in EU affairs and for national governments and EU institutions to share their authority with regions.

Policy-Making in the European Union

2017 ◽  
Keyword(s):  
European Union ◽  
Policy Making ◽  
National Level ◽  
The European Union ◽  
Eu Policy ◽  
Theoretical Approaches ◽  
Wide Range ◽  
The Common ◽  
Key Events ◽  
The Eu

Policy-Making in the European Union explores the link between the modes and mechanisms of EU policy-making and its implementation at the national level. From defining the processes, institutions and modes through which policy-making operates, the text moves on to situate individual policies within these modes, detail their content, and analyse how they are implemented, navigating policy in all its complexities. The first part of the text examines processes, institutions, and the theoretical and analytical underpinnings of policy-making, while the second part considers a wide range of policy areas, from economics to the environment, and security to the single market. Throughout the text, theoretical approaches sit side by side with the reality of key events in the EU, including enlargement, the ratification of the Treaty of Lisbon, and the financial crisis and resulting Eurozone crisis, focusing on what determines how policies are made and implemented. This includes major developments such as the establishment of the European Stability Mechanism, the reform of the common agricultural policy, and new initiatives to promote EU energy security. In the final part, the chapters consider trends in EU policy-making and the challenges facing the EU.

Denmark and the European Union

2019 ◽  
Author(s):  
Anders Wivel
Keyword(s):  
European Union ◽  
Policy Making ◽  
Economic Sustainability ◽  
The European Union ◽  
Eu Policy ◽  
Eu Membership ◽  
A Minor ◽  
Point Of Departure ◽  
The Eu ◽  
The Welfare State

Denmark’s relationship with the European Union (EU) takes its point of departure in the Danish self-perception of being a minor power with a superior societal model. This calls for both adaptation to the power realities of the European political space and resistance against infringements of the Danish societal model, occasionally supplemented by attempts at actively influencing EU policy-making. Denmark’s general EU posture is reactive and defensive with a stronger focus on defending autonomy than influencing the future of the EU. It is pragmatic and functionalist, seeking primarily to utilize EU membership to secure the economic sustainability of the welfare state. Danish EU policy is increasingly characterized by dualism, navigating the integration dilemma in a way that allows for simultaneous protection against political integration and uploading of Danish interests to the EU level.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

EU-Sanktionspolitik in geopolitischen Zeiten: Europas schärfstes Außeninstrument und seine Herausforderungen

IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 278-294
Author(s):  
Niklas Helwig ◽  
Juha Jokela ◽  
Clara Portela
Keyword(s):  
Decision Making ◽  
European Union ◽  
Current Debate ◽  
Global Competition ◽  
The European Union ◽  
The United Kingdom ◽  
Policy Tool ◽  
Restrictive Measures ◽  
Fine Tune ◽  
The Eu

Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop of an intensifying global competition, it points out the need to weatherproof this policy tool. The current debate on the future of the EU provides an opportunity to clarify the strategic rationale of EU sanctions and to fine-tune the sanctions machinery.

Towards an Enhanced Institutional Structure of the Eurasian Economic Union

2020 ◽  
Vol 152 ◽  
pp. 102-111
Author(s):  
Igor V. Pilipenko ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Institutional Structure ◽  
Governance Structures ◽  
The European Union ◽  
Integration Process ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Eu

This article considers how to enhance the institutional structure of the Eurasian Economic Union (EAEU) in order to enable timely decision-making and implementation of governance decisions in the interests of Eurasian integration deepening. We compare the governance structures of the EAEU and the European Union (EU) using the author’s technique and through the lens of theories of neofunctionalism and intergovernmentalism elaborated with respect to the EU. We propose to determine a major driver of the integration process at this stage (the College of the Eurasian Economic Commission or the EAEU member states), to reduce the number of decision-making bodies within the current institutional structure of the EAEU, and to divide clearly authority and competence of remaining bodies to exclude legal controversies in the EAEU.

scholarly journals THE DETERMINATION OF THE EUROPEAN UNION IN THE INTERNATIONAL PROMOTION OF HUMAN RIGHTS

2021 ◽  
Vol 7 (1) ◽  
pp. 81-90
Author(s):  
Mentor Lecaj ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Moral Obligation ◽  
Research Work ◽  
The European Union ◽  
Legal Rules ◽  
Eu Policy ◽  
Political Principles ◽  
The Eu

This paper aims to explain the legal, political and moral obligation of the European Union institutions in the promotion, advancement, respect, and implementation of human rights and freedoms as a universal value, and above all as binding legal- political principles during their efforts in relations with actors both inside and outside the EU. This research work simultaneously analyzes and interprets international legal rules that regulate human rights. Moreover, the cases and means in promoting the human rights used by the European Union in different cultural regions have been compared and analyzed as well as the possibility of changing the approach of EU policy towards countries where the highest level of resistance exist in the accepting of such values.

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