Observations on the Right to Withdraw from the European Union: Who are the “Masters of the Treaties”?

2005 ◽  
Vol 6 (11) ◽  
pp. 1755-1760 ◽  
Author(s):  
Jochen Herbst
Keyword(s):  
European Union ◽  
The European Union ◽  
Constitutional Treaty ◽  
European Constitution ◽  
The Status ◽  
The Right ◽  
Right Of Withdrawal

Discussing the withdrawal provision pursuant to Article I-60 of the Constitutional Treaty (CT), also referred to as the sunset clause, in the morning light of the establishment of a European Constitution is pretty much like talking about divorce on your wedding day. Before I try to start analyzing the text of this new provision, I will briefly outline the status of the legal debate on the right of withdrawal from the current EU/EC Treaty. In this context, I would like to highlight three aspects by making one political and two legal observations.

The Right to an Effective Remedy Pursuant to Article II-107 Paragraph 1 of the Constitutional Treaty

2005 ◽  
Vol 6 (11) ◽  
pp. 1601-1616
Author(s):  
Katharina Pabel
Keyword(s):  
European Union ◽  
Legal Protection ◽  
The European Union ◽  
Constitutional Treaty ◽  
Part D ◽  
Binding Effect ◽  
Part C ◽  
Effective Remedy ◽  
The Right

The fundamental right to an effective remedy as guaranteed in Art. II-107(1) of the ‘Treaty establishing a Constitution for Europe’ (CT) is part of a comprehensive guarantee of effective legal protection and procedural guarantees. In the following, this fundamental right and how it relates to Parts I and III of the CT will be investigated in detail. First, the scope of Art. II-107(1) CT will be identified in Part B. Part C comments on the binding effect of this right. Finally, in Part D, some aspects of the Union's system of legal protection will be investigated in the light of Art. II-107(1) CT, and it will be discussed whether this right could be an instrument to close gaps in the legal protection of individuals against measures of the European Union.

The Constitutional Treaty and European Union Politics

2019 ◽  
Author(s):  
Derek Beach
Keyword(s):  
European Union ◽  
Foreign Minister ◽  
Majority Voting ◽  
European Convention ◽  
State Governments ◽  
The European Union ◽  
Constitutional Treaty ◽  
National Parliaments ◽  
The Status ◽  
Pillar Structure

The Constitutional Treaty, which attempted to establish a constitution for Europe, never went into force because of “no” votes in referendums in France and the Netherlands. It did not involve far-reaching changes in what the European Union does, nor did it revolutionize how the institutions work. The pillar structure of the existing treaties was replaced with a single Union, but without fundamentally changing how foreign, security and defense policies were decided. A “foreign minister” was created that merged the roles of High Representative in the Council and Commissioner for External Affairs, and the European Council was established as a separate, treaty-based institution. A simple double majority qualified majority voting (QMV) procedure was introduced in the Council, and the use of QMV was extended to many more policy areas. Given these modest reforms, what was particularly remarkable about the Constitutional Treaty was how it was negotiated. In contrast to previous major treaty reforms, the Constitutional Treaty was prepared by a more inclusive, parliament-like convention that was composed of representatives from national parliaments, the European Parliament, the European Commission, and member state governments. Although the European Convention was followed by a more traditional intergovernmental conference (IGC), the draft produced by the Convention surprisingly formed the status quo during the IGC. Therefore, the use of the Convention method to prepare treaty reforms sparked considerable interest among scholars who have explored how the change impacted who won and lost in the negotiations, and what types of bargaining strategies were most effective.

Remarks on Art. I-52 of the Constitutional Treaty: New Aspects of the European Ecclesiastical Law?

2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski
Keyword(s):  
European Union ◽  
Religious Communities ◽  
The European Union ◽  
Constitutional Treaty ◽  
Ecclesiastical Law ◽  
Religious Associations ◽  
The Status ◽  
Ec Law ◽  
First Time ◽  
The Eu

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”

scholarly journals The Chronology of the Negotiations that Led to the Historic Moment of the Signing of the Brexit Agreement

2020 ◽  
Vol 4 (1) ◽  
pp. 53-69
Author(s):  
Dumitrita Florea ◽  
◽  
Narcisa Gales ◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Member State ◽  
Historical Context ◽  
The United States ◽  
The European Union ◽  
International Affairs ◽  
The Status ◽  
Article 50 ◽  
The Right ◽  
The Eu

The reality is that we have witnessed in the last 4 years, since the procedure of negotiating the withdrawal of the United Kingdom from the European Union in 2016 has started, a real political impasse on the stage of European relations. Who would have imagined on the 1st of January 1973, when England became a member of the European Union after many indecisions – some of them more arrogant than others that in 47 years' time it will be the first Member State to avail itself of Article 50 of the Treaty of Lisbon, which for the first time provided for the right of a Member State to withdraw voluntarily from the European Union? If we look a little at the historical context of England's accession to the EU, we may see similar hesitations that have delayed it so much in joining the EU. Although after the end of the Second World War the economic situation of England was precarious, it still manages to become one of the great world powers. However, in 1951 it refused to join the founding group of the ECSC and also refused to sign the Treaty of Rome in 1957. England believed that the status of leader of the Commonwealth offered you a privileged status compared to other European states in international affairs, especially those with the United States of America, but, nevertheless, it did not bring benefits in the relations with the 6 European states, that were going to establish the European Union. When it realized that this was not a good way for things to happen, in 1961 announced its intention to join the European Economic Community, only that in 1963 France voted against the request. It was only after Charles de Gaulle's resignation in 1969 that the United Kingdom's path to accession was opened. Political and economic integration seemed to be the best solution for achieving a stable economic future.

scholarly journals Overview of recent cases before the Court of Justice of the European Union (July 2019-September 2019)

2019 ◽  
Vol 21 (4) ◽  
pp. 370-377
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Social Security ◽  
Member State ◽  
Equal Treatment ◽  
The European Union ◽  
Court Of Justice ◽  
Insurance Cover ◽  
The Status ◽  
The One ◽  
The Right

In the reporting period July-September 2019, the Court of Justice of the European Union delivered various rulings that are significant for social security. The ruling that stands out is the one in Van den Berg and others, which concerned the power of a non-competent Member State to grant residents benefits where they lack insurance cover in the competent State. The other cases included in this overview concern the application of the right to equal treatment to social security conventions concluded between a Member State and a third country ( EU), the retention of the status of self-employed person by women who cease to be active due to pregnancy ( Dakneviciute) and the right to export student financial aid ( Aubriet).

Article 18 CFR

2019 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
The Status ◽  
The Right

The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’).

Constituent Power in the European Union

2020 ◽  
Author(s):  
Markus Patberg
Keyword(s):  
European Union ◽  
European Integration ◽  
National Level ◽  
The European Union ◽  
Constitutional Treaty ◽  
Constituent Power ◽  
Constitutional Politics ◽  
Competing Models ◽  
The Right ◽  
The Eu

The European Union (EU) has been through almost two decades of near-constant constitutional crisis. The failure of the Constitutional Treaty was followed in quick succession by the struggles about the Lisbon Treaty, the Eurozone emergency, Brexit, and, recently, Corona-crisis-induced conflicts about financial solidarity. Over the course of these events, it has become clear that the EU’s constitutional development largely evades popular control. At the same time, the EU faces increasing politicization from below. While Eurosceptic forces seek to ‘take back control’ at the national level, pro-European citizens challenge the role of the states as the ‘masters of the treaties’. They reclaim what—in their view—has been illegitimately withheld from them: the right to shape the EU polity. This book advances the argument that these developments prompt the need for a theory of constituent power in the EU. The reason why European integration eludes citizen control and meets with growing discontent is that it allows constituted powers to operate as de facto constituent powers. Starting from claims to founding authority articulated in public narratives, the book explores competing models of constituent power in the EU—regional cosmopolitanism, demoi-cracy, split popular sovereignty, and destituent power—revealing their respective strengths and weaknesses. Rationally reconstructing established democratic practices of EU constitutional politics, it develops a new theory of constituent power in the EU. Addressing questions of the adequate conceptualization, allocation, agency, and institutionalization of constituent power, the book opens up the prospect of a more democratic mode of European integration.

scholarly journals El derecho-deber de protección del medio ambiente // The right-duty to protect the environment

2017 ◽  
Vol 1 (100) ◽  
pp. 949
Author(s):  
Nicolás Pérez Sola
Keyword(s):  
Quality Of Life ◽  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
Dynamic Nature ◽  
Spanish Constitution ◽  
Calidad De Vida ◽  
The Status ◽  
The Right

Resumen:El artículo 45 CE incluye el derecho a disfrutar el medio ambiente y, por tanto, la necesidad de proteger el ejercicio del mismo. En este precepto se combinan diversos postulados proteccionistas como la calidad de vida y la utilización racional de los recursos naturales con la consecución de objetivos de progreso y desarrollo. La ausencia de una ley general de medio ambiente que desarrollara el artículo 45 CE ha sido suplida en gran medida por la transposición de normativa ambiental de la Unión europea. La jurisprudencia ha reconocido el carácter dinámico de este derecho pero no su consideración como derecho fundamental. Summary:I. Introduction. II. The right of enjoyment of the environment. III. The duty of protection of the environment. IV. The state of the matter.Abstract:Article 45 of Spanish Constitution foresees the right to enjoy the environment and, therefore, the need to protect the exercise of the environment. This precept combines several protectionist postulates such as the quality of life and the rational use of natural resources with the achievement of goals of progress and development. The absence of a general environmental law in order to develop this constitutional article has been filled, to some extent, by the transposition ofenvironmental legislation of the European Union. Jurisprudence has recognized the dynamic nature of this right, but has denied the status of fundamental right.

scholarly journals A Comparative Legal Analysis of the Right of Association in Trade Unions in Ukraine and the Countries of the European Union

Teisė ◽  
2021 ◽  
Vol 120 ◽  
pp. 128-139
Author(s):  
Serhii Kaplin
Keyword(s):  
European Union ◽  
Trade Unions ◽  
National Level ◽  
International Standards ◽  
Legal Analysis ◽  
The European Union ◽  
Public Authorities ◽  
Economic Rights ◽  
The Status ◽  
The Right

The constitutional regulation of the status of trade unions in Ukraine has incorporated all international standards and, in comparison with some constitutions of the states of the European Union, contains detailed regulation of this right. The effective functioning of the institution of trade unions can have a significant impact not only on the protection of the social and economic rights of workers in the process of interaction with employers, but also influence the public authorities in order to optimize the implementation of social policy at the national level and reduce social tension.

Sale of goods made to the consumer’s specifications at a trade fair: ab initio no right of withdrawal: Case C-529/19 Möbel Kraft, EU:C:2020:846

2021 ◽  
pp. 1023263X2199601
Author(s):  
Reinhard Steennot
Keyword(s):  
European Union ◽  
Ab Initio ◽  
Trade Fair ◽  
The European Union ◽  
Consumer Rights ◽  
The Right ◽  
Right Of Withdrawal

Within the European Union, consumers concluding contracts with traders either at a distance or outside the traders’ premises are generally entitled to withdraw from the contract. However, in certain cases, enumerated in article 16 of the Consumer Rights Directive, the right of withdrawal does not apply. One of the exceptions to the right of withdrawal concerns contracts relating to the supply of goods that are made to the consumer’s specifications or that are clearly personalized. In Möbel Kraft, the ECJ decided that a trader may rely on this exception from the outset and not only after he has begun to produce the goods.

Sign in / Sign up

Export Citation Format

Share Document