The Dynamics of the European Union Legal Order: An Increasingly Coherent Framework of Action and Interpretation

2009 ◽  
Vol 5 (1) ◽  
pp. 117-142 ◽  
Author(s):  
Ramses A. Wessel

Institutional and normative convergence – Common Foreign and Security Policy – Pillar Structure – External Relations – Role of the Court – Normative Consistency – EU Legal Order – Legal Nature CFSP – Treaty of Lisbon – Legal Instruments – Decision-Making

Author(s):  
A. V. Groubinko

In the article on the basis of the original chart of the theoretical conceptual system of Eurointegration's development offered by an author base principles of Great Britain's participation in common foreign and security policy (CFSP) of the European Union are examined. The country’s role in the processes of forming EU's CFSP is determined in the context of leading theories of Eurointegration. The evolution of British government's policy participation in the system of political co-operation in the European Union, character of its influence on the processes of Eurointegration in the sphere of foreign and security policies are analysed. CFSP as a specific sphere of co-operation of the EU's states fully represents conceptual dichotomy of European Union essence at level «intergovernmental - supranational». CFSP is the segment of the EU's legal reality which is historically based on intergovernmental co-operation, and in modern terms characterized by the expressed elements of funcional supranational institucialisation and insignificant strengthening of federalism. Great Britain conceptual approaches to forming EU's CFSP lie traditions of pragmatical and functional realistic approach with the elements of federalist co-operation, externalism and minimum of institucialism. For activity of British governments is inherent pistorical heredity of participating in political integration within the framework of Common Europe. It's mean a successive policy of inhibition federalist supranational tendencies, propagandas of the evolutional going to development of integration processes and it distribution on new spheres. Such approaches are correspond to the model of selective-sectoral integration or «Europe a la carte» ofThatcherist standards, which in the process of realization under influence of objective (mainly external) factors evolved to practical embodiment of such more soft models of flexible integration, as «multi-speed integration» and «Europe of variable geometries». The noted approaches to CFSP allow government on the different historical stages to have retentive or stimulant influence on the integrational processes.


2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv

Problem setting. In spite of the presence of numerous conventions, treaties and organizations in the world today, the issue of security is still a very acute issue for the world community. There are many reasons for this: the presence of nuclear powers, serious disputes between countries that are justly considered world leaders, the existence of numerous local conflicts and wars of a more global nature across the globe. These and other factors are pushing states around the world to allocate budget funds to ensure effective security policies. Given today’s realities, one can trace the tendency of several countries to pool their own efforts and resources to pursue a common security policy. The European Union is one of the clearest examples of this behavior. This intergovernmental organization is committed to maintaining peace, diplomacy, trade and development around the world. The EU also promotes cooperation with neighboring countries through the European Neighborhood Policy. Target research. The aim of the research is to study the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. Analysis of recent research and publication. Many domestic and foreign scholars, including B. Tonro, T. Christiansen, S. Morsch, G. Mackenstein, and others. The institutional basis of foreign and security policy is analyzed in detail by J. Peterson, questions related to the European Union’s security policy. M. Shackleton. K. Gill, M. Smith and others study the general features of the development of a common EU security policy. Some contribution to the study of various problems related to European and Euro-Atlantic integration has been made by such national scientists as V. Govorukh, I. Gritsyak, G. Nemyrya, L. Prokopenko, O. Rudik, V. Streltsov, O. Tragniuk, I. Shumlyaeva, I. Yakovyuk and others. Article’s main body. The article examines the emergence and development of the European Union’s security policy from the date of the Brussels Covenant to the present. Particular attention is paid to the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. A study of the officially adopted five-year global foreign and security policy of the EU is being done to improve stability in Europe and beyond, analyzing EU conflict resolution and crisis management activities. Conclusions and prospect of development. In view of the above, it can be concluded that the EU’s foreign and security policy institutional framework is an extensive system in which all the constituencies are endowed with a certain range of general and specific powers and are called upon to cooperate with one another to achieve a common goal. It cannot be said that such close cooperation puts pressure on Member States. Yes, a Member State has the right to refrain from voting for any decision that requires unanimity and such abstention will not prevent the above decision being taken. In this case, the mechanism of so-called “constructive retention” is triggered: the abstaining country is not obliged to comply with the decision, however, accepts the fact that it is binding on other Member States and takes this into account when concluding treaties, which should not contradict the said decision.


Polar Record ◽  
2013 ◽  
Vol 50 (3) ◽  
pp. 225-236 ◽  
Author(s):  
Piotr Graczyk ◽  
Timo Koivurova

ABSTRACTThis article studies the role of observers under both the Arctic Environmental Protection Strategy (AEPS) and the Arctic Council (AC) before the Nuuk ministerial meeting that took place in May 2011. In this meeting, the AC actors were able to find consensus on criteria for admitting new observers, an issue that has received much media attention, given that China and the European Union, for example, are queuing to become observers in the AC. It is of importance to examine the content of these recently adopted Nuuk observer rules and their potential to impact decision-making on whether the external actors can be included as observers. Moreover, this article studies how, if at all, the Nuuk observer rules might affect the position of the AC in the broader setting of circumpolar cooperation.


2014 ◽  
Vol 7 (4) ◽  
Author(s):  
Petr Jeřábek

The paper focuses on the decision-making process in the European Union since approval of the Treaty of Maastricht. Special consideration is dedicated to pillars two and three. The second pillar is connected with Common Foreign and Security Policy, while the third pillar contributes with Justice and Home Affairs. The first part of this paper introduces the major tools which are commonly used and describes how pillars system works. The difference between intergovernmentalism and supranationalism is also addressed. In the second part the paper deals with some important changes under the Treaty of Nice and Treaty of Lisbon. The Treaty of Lisbon will cancel the pillars system, being replaced by one legal personality for the European Union. While the former treaties were partly based on intergovernmentalism, the Treaty of Lisbon is mostly oriented on supranationalism.


Author(s):  
Simon Bulmer ◽  
Owen Parker ◽  
Ian Bache ◽  
Stephen George ◽  
Charlotte Burns

This chapter examines the pattern of European Union (EU) institutions and the formal rules that govern them. It first considers the Treaties that form the founding ‘constitutional’ documents of the EU, from the Treaty of Paris to the Treaty on Stability, Co-ordination and Governance in the economic and monetary union (EMU), before turning to the main institutions involved in the processes of decision making, namely: the European Commission, the Council of the European Union, and the European Parliament, plus two consultative committees, the Economic and Social Committee and the Committee of the Regions. The chapter proceeds by analysing the Union method of decision making, focusing on the budgetary and legislative procedures, as well as the process on the Common Foreign and Security Policy. It also discusses the implementation of EU decisions once they have been made, and concludes with some reflections on the post-Lisbon institutional architecture of the EU, including differentiated integration.


2019 ◽  
pp. 235-252
Author(s):  
Edward Best

This chapter provides an overview of how policy is made in the European Union (EU), focusing on the main procedures involved and the varying roles of the EU institutions. It begins by describing the range of powers that have been given to the EU by the member states in different policy areas, and the multiple modes of governance that are involved. The concept of the policy cycle is used as a framework to explain the stages in EU law-making. The ordinary legislative procedure is presented in some detail, and a case study illustrates the whole cycle from problem definition to implementation. The roles of the institutions in other kinds of policy process are then presented. Policy coordination is explained, with particular attention to economic governance and the European Semester. Finally, the chapter looks at external relations and the common foreign and security policy.


Author(s):  
Filippo Andreatta ◽  
Lorenzo Zambernardi

This chapter focuses on the European Union as a ‘power’ on the world stage. The persistent inability to develop a truly common foreign and security policy may raise serious doubts about the idea of the EU as a major ‘power’. However, the concept and reality of power should not be confused with the threat or the use of coercive force alone. The chapter first considers the elusive concept of power before discussing the distinction between ‘destructive’, ‘productive’, and ‘integrative’ power and connecting them to realism, liberalism, and constructivism, respectively. It then considers the role of Europe in the world and concludes with an overview of factors affecting the prospects for a European foreign policy.


2017 ◽  
Vol 10 (2-3) ◽  
pp. 163-179
Author(s):  
Francesco Battaglia

Abstract The Libyan crisis is the largest and closest crisis on the southern borders of the EU. It is therefore reasonable that the stabilization of this country and the engagement of international relations and partnership with an independent and effective government of Libya is a central point of the EU’s foreign policy since the outbreak of the crisis in 2011. The consolidation of peace in Libya is of primary importance not only because of political and economic reasons. The engagement with Libya is essential for the EU even to strengthen its role as global actor in the field of foreign and security policy. Finally, the Libyan crisis is closely connected with the migration emergency that is weakening European political cohesion. The purpose of this article is thus to carry out a legal analysis on the role of the EU in promoting peace/state-building in Libya, to make some considerations on the main lesson learned.


2018 ◽  
Vol 13 (1) ◽  
pp. 75-96 ◽  
Author(s):  
Dorina Baltag

Summary The European Union (eu) today has quasi-embassies at its disposal in third countries — the eu delegations — which represent the Union’s eyes, ears and face. Following the Treaty of Lisbon, these delegations assumed the role of the rotating Presidencies and oversee the conduct of eu diplomatic affairs. In practice, this implies representing the eu and cooperating with eu member states’ embassies on matters not only relevant for aid and trade, but also for foreign and security policy. By employing performance criteria such as effectiveness, relevance and capability, this article uncovers the particularities of the practices of European diplomatic cooperation among eu delegations and national embassies in Belarus, Moldova and Ukraine. Drawing on fieldwork conducted in Minsk, Chisinau and Kiev from 2013-2016, the article explores practices of European cooperation abroad, shows how eu diplomatic actors identify a common approach and emphasizes certain capability issues faced by the eu in these countries.


Sign in / Sign up

Export Citation Format

Share Document