Voting in the Councils: A Compromise, No Revolution

2004 ◽  
Vol 1 (1) ◽  
pp. 62-67
Author(s):  
Jiri Zemanek
Keyword(s):  
European Council ◽  
Individual Member ◽  
Integration Process ◽  
Member States ◽  
Major Function ◽  
Common Position ◽  
The Common

The European Council actually, as a rule, takes decisions by consensus, as its major function is to bring a primary political impetus into the integration process through ‘conclusions’, ‘principles’, ‘guidelines’, and ‘joint strategies’ or ‘recommendations’ not having the force of a legal act. This is a customary rule; it is not stipulated in Article 4 EU. Consensus may be regarded as a ‘soft’ unanimity, reached without voting, in a silent way (no opposing statements), and allowing – within the framework of the common position – some divergences by individual Member States.

“Unity in Diversity” Reloaded: The European Court of Human Rights’ Turn to Subsidiarity and its Consequences

2021 ◽  
Vol 15 (1) ◽  
pp. 93-123
Author(s):  
Mikael Rask Madsen
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Reform Process ◽  
Individual Member ◽  
Member States ◽  
European Court ◽  
Recent Developments ◽  
Unity In Diversity ◽  
The Common ◽  
Individual Justice

Abstract The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for domestic differences, or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards.

scholarly journals Countering a climate of instability: the future of relative stability under the Common Fisheries Policy

2019 ◽  
Vol 76 (7) ◽  
pp. 1951-1958 ◽  
Author(s):  
Michael Harte ◽  
Rachel Tiller ◽  
George Kailis ◽  
Merrick Burden
Keyword(s):  
Fisheries Management ◽  
Paradigm Shift ◽  
Status Quo ◽  
Economic Viability ◽  
Individual Member ◽  
Member States ◽  
Northeast Atlantic ◽  
Fisheries Policy ◽  
The Status ◽  
The Common

Abstract European fisheries are at a critical juncture. The confluence of political change and environmental change, along with the challenges of past Common Fisheries Policy (CFP) reforms such as the landing obligation, creates a once in a generation opportunity for a paradigm shift in fisheries management in the region. This paper sets out a series of arguments for why the status quo situation for the governance of European Union fisheries, especially for shared Northeast Atlantic fisheries is very likely unsustainable under these new circumstances. At stake is confidence in, and support for the management of the regions shared fisheries, the economic viability of fisheries and sustainability of stocks. Brexit is an additional incentive to unlock the potential of existing, but little used mechanisms within the CFP to allow the reimagining of fisheries management and governance in the Northeast Atlantic. Three of these tools and mechanisms are (i) Quota swapping, (ii) Article 16 quota uplift provisions, (iii) and Article 15 flexibility mechanisms. These mechanisms can be adopted by individual Member States for fleets in their waters or in the case of quota swapping be applied across Member States and may help stabilize fisheries under these stressors.

Recalibrating the EU’s Approach to the Western Balkans

European View ◽  
2020 ◽  
Vol 19 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Marko Kmezić
Keyword(s):  
Current Approach ◽  
European Council ◽  
Integration Process ◽  
Western Balkans ◽  
Eu Accession ◽  
Member States ◽  
Transformative Power ◽  
Slowing Down ◽  
Eu Membership ◽  
The Eu

Almost two decades after the European Council summit in Thessaloniki, the promise of EU membership remains unfulfilled in the Western Balkans. Although the process of EU accession is continuing, the current pace throws the Thessaloniki promise into doubt. Despite initial success, the current approach to enlargement has reached its limits, as it seems to be slowing down the integration process rather than accelerating it. At the same time, the transformative power of the EU is too weak to positively impact on democratic and economic setbacks in the region. That is why this article considers various strategies that the EU could employ to recalibrate the accession of the Western Balkans, notwithstanding the need for sincere reforms in the aspiring member states.

scholarly journals Environmental Crimes Listed in the Polish Penal Code Since 1997

2013 ◽  
Vol 13 (2) ◽  
pp. 111-119
Author(s):  
Małgorzata Szwejkowska ◽  
Elżbieta Zębek
Keyword(s):  
Natural Environment ◽  
European Parliament ◽  
Penal Code ◽  
European Council ◽  
Individual Member ◽  
Environmental Resources ◽  
Legal Requirements ◽  
Member States ◽  
Cross Border ◽  
Environmental Crimes

Abstract Legal requirements for protection of the natural environment are continually being strengthened because of increased human damage to environmental resources. The applicable regulations of the Polish Penal Code towards protection of the environment were considerably amended in 2011 also to ensure implementation of European Parliament and European Council directives 2008 / 99 / EC, issued on the 19th November 2008. In addition, these changes also involve cross-border infringements, so that perpetrators cannot avoid retribution for actions committed under different provisions in individual Member States.

scholarly journals THE FUTURE OF THE COMMON SECURITY AND DEFENCE POLICY AND SMALL MEMBER STATES

2021 ◽  
pp. 67-77
Author(s):  
JELENA JUVAN
Keyword(s):  
Key Words ◽  
European Council ◽  
Small State ◽  
Member States ◽  
Defence Policy ◽  
The Future ◽  
The Common ◽  
Small Member ◽  
Common Security

Povzetek Dvaindvajset let po srečanju na vrhu v Kölnu, ki velja za zgodovinsko za SVOP, danes še vedno ne moremo govoriti o popolnoma funkcionalni in operativni SVOP. Prispevek analizira PESCO, CARD, CDP in EDF ter nekatere najpomembnejše težave evropskega obrambnega prizorišča, ki mu primanjkuje skladnosti in ostaja razdrobljeno v številnih vidikih. Države članice še vedno namenjajo veliko več finančnih sredstev za druge varnostne okvire, ki niso del EU, kot je na primer Nato. Prav tako države članice ohranjajo nacionalni fokus na področju obrambnega načrtovanja in v resnici zelo slabo izpolnjujejo dane obljube. Vprašanje je, kaj in koliko v trenutni evropski arhitekturi majhna država članica sploh lahko doseže. Prispevek osvetli vlogo majhnih držav skozi institucijo predsedovanja Evropskemu svetu. Ključne besede SVOP, Slovenija, PESCO, CARD, EDF. Abstract Twenty-two years after the EC meeting in Cologne where the CSDP came to life, we still cannot talk about a fully functional and operational CSDP. This article reflects on PESCO, CARD, the CDP and the EDF, and on some of the main issues in the European defence landscape today, which continues to be fragmented and lacks coherence in several aspects. Member States are still investing more in non-EU frameworks such as NATO, and still retain a national focus in their defence planning, showing very little discipline in meeting the commitments that they have undertaken. The question arises of what a small state can achieve in the current European architecture, if anything. The role of the small state is reflected through the Presidency of the European Council. Key words CSDP, Slovenia, PESCO, CARD, EDF.

1. Introduction to the Issues

2019 ◽  
pp. 3-36
Author(s):  
Catherine Barnard
Keyword(s):  
Free Trade ◽  
Common Market ◽  
Integration Process ◽  
Member States ◽  
Eu Member States ◽  
The Common

This book focuses on the rules interfering with movement across EU Member States. This chapter places these rules in context. It discusses the importance of free trade; the different stages of integration; understanding the integration process; and the principles underpinning the common market.

scholarly journals Securing the EU Public Order: Between an Economic and Political Europe

2013 ◽  
Vol 14 (10) ◽  
pp. 2075-2089 ◽  
Author(s):  
Michiel Besters ◽  
Milda Macenaite
Keyword(s):  
Public Policy ◽  
Public Security ◽  
Public Order ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Internal Security ◽  
Eu Member States ◽  
The Common ◽  
The Eu

Until recently, throughout the European Union's integration process, public order and internal security matters have been marked by a concern and respect for the national sovereignty of the EU Member States. Member States enjoyed their respective regulatory autonomy, as public order and internal security matters were dealt with at the EU level merely on the basis of the internal market logic. This is particularly evident in Articles 45(3) and 52 of the Treaty on the Functioning of the European Union (TFEU). These Articles establish the exceptions of public policy and public security as grounds that may be invoked by the Member States to limit the fundamental right to free movement. These grounds have been primarily viewed as deriving from impediments to the creation of the common market.

scholarly journals Changes in VAT rates during the economic crisis

2011 ◽  
Vol 59 (2) ◽  
pp. 339-346 ◽  
Author(s):  
Jan Široký ◽  
Anna Kovářová
Keyword(s):  
Economic Crisis ◽  
Value Added ◽  
Individual Member ◽  
Tax Rates ◽  
Value Added Tax ◽  
Member States ◽  
Common System ◽  
Council Directive ◽  
The Common ◽  
Legal Constraints

To solve the current economical crisis, there are used various tools of economic policy. Some of them are changes in taxes, particularly changes in the value added tax due to its importance.Value added tax is the most harmonized tax in the single internal market of the European Communities. Although community law defines the basic legal constraints of VAT rules in individual countries, the Council Directive 2006/112/EC on the common system of value added tax, as amended, leaves some areas open for the Member States. One of the main characteristics of VAT is its tax rates which are – while maintaining specified minimal borders – in competency of Member States.Paper illustrates and evaluates the changes in tax rates of individual Member States during the economic crisis and points to their context and consequences.

scholarly journals EU Legal Migration Policy: Are There Prospects for Progress or Is It at a Standstill?

2021 ◽  
pp. 99-112
Author(s):  
Justyna Godlewska-Szyrkowa ◽  
Keyword(s):  
Migration Policy ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Asylum Policy ◽  
Underdeveloped Area ◽  
Economic Migration ◽  
Demographic Processes ◽  
The Common ◽  
Near Future

The aim of the article is to attempt to identify the state of, and prospects for, the development of the common policy of the European Union regarding legal migration from third countries. The subject of interest is, above all, legal economic migration, which is crucial from the perspective of certain demographic processes taking place in the EU, the changes and needs of the Community’s labour market, and the challenges posed by the digital transformation. The adopted hypothesis assumes that, within the framework of EU migration and asylum policy, policy as regards legal economic migration is still an underdeveloped area and remains in the hands of individual Member States. Initiatives undertaken in this area remain overshadowed by the main focus of the common migration and asylum policy, namely the development of a common asylum system and the prevention of irregular migration. Policy regarding legal economic migration in the near future will mainly be created by Member States and play out on the domestic stage due to the lack of direct motivation for its development at the Community level. In this case, the strength of particular stakeholders’ interests is not balanced out by any direct and easily identifi able benefits to be gained from the adopted common solutions.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

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