How to Sharpen a Dull Sword – The Principle of Subsidiarity and its Control

2006 ◽  
Vol 7 (9) ◽  
pp. 733-760 ◽  
Author(s):  
Christoph Ritzer ◽  
Marc Ruttloff ◽  
Karin Linhart

The Treaty Establishing a European Constitution seems to have failed. The problems continue to exist: a centralizing tendency is inherent in the European Union like in supposedly every federal or supra-national system. This is why, for years, there has been a growing demand for a barrier against the subtle loss of competence for the Member States and their sub-national units, which also potentially threatens the acceptance of the Union's legal acts and therefore the progress of European integration overall.

2019 ◽  

Churches as essential components of European culture have major significance for European integration. A Europe, bound by common constitutional traditions, cultures and traditions of its Member States, their national identity and the principle of subsidiarity, will have to respect the deep-rooted systems of State and Church relationships in its Member States. The volume presents in its third edition a broad comparison of different systems of State and Church relationships in the Member States of the European Union. It includes the new Member States and gives an account of the new developments throughout Europe. The volume shows the implications of European integration on the position of the Churches. It is of interest to all working in the field of State-Church relationship as well as to public and church institutions. The volume has been produced in association with the European Consortium for State-Church Research. The authors are experts in the field from the different Member States of the European Union, presenting the relevant systems of their home countries. The editor is a former professor at the University of Trier.


Author(s):  
Dionysios Stivas

Currently, the European Union (EU) is dealing with an unprecedented refugee crisis which has been blamed for bringing the process of the EU integration to an impasse. By applying theories of European (dis)integration, this paper assesses the extent to which the current refugee crisis constitutes an impediment to the future of the European Union. This paper’s analysis is constructed around two hypotheses: (1) the refugee crisis triggered Brexit and the failure of the EU’s relocation scheme, symptoms of the EU’s disintegration; (2) the refugee crisis has a dual potential: to simultaneously promote the deeper integration and the disintegration of the EU. To test these hypotheses, this paper examines if and how the refugee crisis is related to Brexit and whether the rebellious reaction of certain EU member states to the implementation of the EU relocation scheme is a sign of reversal in the process of EU integration.


Author(s):  
Ida Musiałkowska ◽  
Piotr Idczak

Purpose: The current pandemic crisis caused by Covid-19 significantly impacted the processes of European integration. The European Union decided to act within and beyond existing competences and instruments to support the efforts of its Member States, along with regional and local authorities, in the fight against Covid-19. Our study sheds light on the instruments and solutions proposed within the framework of the cohesion and budget policy to tackle the problems related to Covid-19 in Europe. The analysis focuses on two strands: 1) EU assistance offered through cohesion policy (CP) instruments toward above areas; 2) the future evolution of EU budget, and therefore integration shifts, provoked by the Covid-19 crisis. Design/methodology/approach: The study analyzes statistical data with regard to the use of instruments of the Cohesion Policy under the Covid-19 pandemic, but also the amendments introduced to legal acts and decision-making processes that refer to the multiannual financial framework (MFF) for 2021–2027. Findings: We notice a strong shift of priorities regarding environment transformation, digitalization, and health protection, reflected in the MFF. The coordinative role of European institutions and the redirection of different financial instruments to health care follows the neofunctionalist paradigm and represents a spillover effect resulting from integration. The crisis analyzed from the institutional perspective is seen as a chance to reform the decision-making process, while on the other hand, as a threat to the inclusive integration of all Member States. Originality and value: The paper is an original contribution on the overall use of both financial and legislative instruments in the times of unprecedented health and economic crisis caused by Covid-19 in the European Union. The text can be a valuable insight for both researchers and practitioners in the field of broadly understood European studies.


Ratio Juris ◽  
2020 ◽  
Vol 15 (30) ◽  
Author(s):  
Dimitris Liakopoulos

The purpose of this work is to bring the legal status of third-country citizens closer to that of member states, as a different special regime according to the relative agreements concluded for certain categories of foreigners without disregarding the value of some elements of fact, such as residence, family ties, performance of specific economic activities or interests of international politics for respect of these obligations, with the not always uniform content that the union evidently had to entrust to member states a union of intent through “supervision" as well as the interpretation carried out by The Court of Justice of the European Union (CJEU) which has strongly reduced state's competences aiming at a European integration still in progress and especially after Brexit.


Author(s):  
Andrii Martynov

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.


Author(s):  
Edith Drieskens

Belgium is one of the six founding members of European integration, but it is often seen as a special one. In both policy and research, the country is widely known as the “heart of Europe.” It even sells itself to the outside world in this way. This metaphor has a double meaning, a literal and a figurative one. First, Belgium’s capital, Brussels, qualifies as the unofficial capital of the European Union. This meaning is strongly supported by facts, with the city hosting the most numerous and the most important institutions. The second meaning requires more detailed consideration. Indeed, and second, Belgium is perceived to be the most European of all European countries, even prepared to exchange sovereignty for supranationalism at any time and any price. A closer look at data, decisions, and developments shows, however, that while support for European integration is widespread, it is not omnipresent either in time or in place. Particularly in Flanders, the northern part of the country, support has been less obvious than elsewhere. Indeed, to understand Belgium and/in the European Union, one also has to understand the functioning of Belgium as a federal state composed of communities and regions, thus as a system of multilevel governance. While it is not the only federation among European Union member states, it uniquely combines a wide variety of federal characteristics. Most importantly here, the gradual process of federalization that Belgium has experienced has given the federated entities a strong voice in European Union decision-making. Member states still need to speak with one voice, however, resulting in a complex system of coordination and representation. The possibilities and realities of this system have attracted quite a lot of scholarly interest. The same goes for the rather fundamental question of whether the European Union and federated entities should be seen as unintended partners in the hollowing out of the federal state or whether the opposite holds true and the European Union is coming to Belgium’s rescue. The jury is still out on this, though the answer seems to be growing more and more complex as time passes.


Author(s):  
Emanuele Massetti ◽  
Arjan H. Schakel

Regionalist parties are political actors that emphasize distinct ethno-territorial identities and interests vis-à-vis those of the entire state, advocating some forms of territorially based self-government in a view to protect, give voice to, and enhance those identities and interests. The tense relationships that these political actors often have with the central institutions leads them, in the European Union (EU) context, to identify the EU as a potential ally in their struggle against the state. Indeed, the EU system of multilevel governance, in which regional governments have obtained a considerable role, is also the result of a combined effect of regionalist parties’ pressure on member states from below and the process of European integration creating a favorable political framework from above. This putative alliance was celebrated, during the 1980s and 1990s, with the Maastricht Treaty representing a pivotal moment for the launch of the vision of a “Europe of the Regions.” However, the EU constitutional reforms of the 2000s (from the Treaty of Nice to the Treaty of Lisbon) fell rather short vis-à-vis regionalist claims, revealing the “illusionary character” of the “Europe of the Regions” idea. Since then, attempts to achieve “Independence in Europe” (through “internal enlargement”) have intensified in regions governed by strong and radical regionalist parties, such as in Catalonia and Scotland. These secessionist attempts have added further strain to an already under-stress EU political system. Indeed, far from acting as an ally of regionalist forces, the EU appears to have straddled between the role of a neutral observer and a supporter of member states’ territorial integrity.


Author(s):  
Dieter Grimm

This chapter examines the question of who is sovereign in the relationship between the European Union and its Member States. It first considers the relevance of the debate over sovereignty in the EU and the development of the concept of sovereignty, paying attention to public powers form the substance of sovereignty, Jürgen Habermas’ theory of dual sovereignty, and the relevant provisions of the Lisbon Treaty. It then explores the problem of whether one should maintain the concept of sovereignty or recognize that the era of post-sovereignty has begun. It argues that it makes sense to address the question of who is sovereign in the EU, suggesting that the answer will determine the future course of European integration. It also analyses which concept of sovereignty is best suited to understand and explain the EU.


2001 ◽  
Vol 95 (1) ◽  
pp. 254-255
Author(s):  
Jeannette Money

Andrew Geddes provides a European analysis of European migration policy. He asks two questions: To what degree has the European Union (EU) garnered control over migration policies of member states? What is the policy outcome? In answering these questions, the author makes two contribu- tions to the literature.


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