Negative and Positive Integration in EU Economic Law: Between Strategic Denial and Cognitive Dissonance?

2012 ◽  
Vol 13 (8) ◽  
pp. 979-1012 ◽  
Author(s):  
Pedro Caro de Sousa
Keyword(s):  
European Union ◽  
Market Integration ◽  
Due Process ◽  
Political Process ◽  
Prima Facie ◽  
Internal Market ◽  
The European Union ◽  
Degree Of Control ◽  
The Creation ◽  
The Eu

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.

scholarly journals Fifteen years of Poland’s membership of the European Union: Poland’s participation in the internal market for services

2020 ◽  
Vol 56 (1) ◽  
pp. 3-19
Author(s):  
Alina Szypulewska-Porczyńska ◽  
Magdalena Suska
Keyword(s):  
European Union ◽  
Market Integration ◽  
Internal Market ◽  
Trade Barriers ◽  
The European Union ◽  
Integration Process ◽  
Services Trade ◽  
Macroeconomic Factors ◽  
Limited Impact ◽  
The Eu

Abstract The purpose of this article is to examine the changes that have occurred after Poland’s integration into the European Union (EU) internal market for services after 2004 considering the legal changes adopted in the EU relating to the free movement of services, namely, the Service Directive. An examination of the Directive’s outcome and the development of the market integration process permit the conclusion that the changes in regulatory trade barriers have had a relatively limited impact on the changes that have occurred in EU–Polish ties concerning services trade. These were predominantly shaped by structural and macroeconomic factors. From an analysis of the structure of Poland’s services trade, a picture emerges of a deepening asymmetry between the exports and imports sides of Poland’s participation in the internal market.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

7th A. N. Verma Memorial Lecture by Mr Göran Persson on ‘The European Union in a Time of Great Change’

2019 ◽  
Vol 11 (1-2) ◽  
pp. 93-100
Author(s):  
Göran Persson
Keyword(s):  
European Union ◽  
Market Integration ◽  
Prime Minister ◽  
Great Change ◽  
Memorial Lecture ◽  
The European Union ◽  
The Eu ◽  
Economic Policymaking

Editor’s note: The A. N. Verma Memorial Lectures are annual events organised by the India Development Foundation in memory of Mr A. N. Verma and his contributions to Indian economic policymaking; especially his role in pushing through the liberalisation reforms of the early 1990s. This year’s lecture was delivered by Mr Göran Persson, the ex-Prime Minister of Sweden. The topic of the lecture was especially appropriate for this journal as it talked about one of the biggest Western examples at market integration, the EU. As the readers will see, the lecture was also very prescient in terms of happenings in Europe.

scholarly journals Crisis?: What (Type) of Crisis? The overlapping problems of the European Union

2014 ◽  
Vol 22 (50) ◽  
pp. 33-48 ◽  
Author(s):  
Kai Lehmann
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Future Development ◽  
Political Process ◽  
European Population ◽  
The Political ◽  
The European Union ◽  
Current Crisis ◽  
The Future ◽  
The Eu

It is common today, even in the European media, to treat the current crisis of the European Union almost exclusively as an economic crisis. The present article pretends to show that such a focus is not only wrong but is indeed dangerous for the future development of the European Union as a whole. The article will argue that the present economic crisis simply aggravated – and a lot – a crisis of legitimacy through which the European Union has been passing for some time. Showing that the anti-European tendencies which are spreading throughout the countries of the continent threaten the very future of the European project, the article will make suggestion on reforms for the future development of the EU, alerting to the necessity to finally elaborate once again a coherent argument for the continuation of the European integration process which puts the European population at the heart of the political process instead of just austerity.

Harmonisation and Cooperation within the Third Pillar—Built in Risks

2001 ◽  
Vol 4 ◽  
pp. 15-23
Author(s):  
Petter Asp
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Maastricht Treaty ◽  
Internal Market ◽  
The European Union ◽  
Community Law ◽  
The Third ◽  
The Past ◽  
The Creation ◽  
Criminal Matters

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.

scholarly journals Polityka konkurencji Unii Europejskiej w warunkach globalizacji gospodarki światowej

2016 ◽  
pp. 43-59
Author(s):  
Ewa Latoszek ◽  
Agnieszka Kłos
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Policy ◽  
World Economy ◽  
Internal Market ◽  
The European Union ◽  
Member States ◽  
The World ◽  
The Eu

The aim of this article is to present the essence of competition policy and its implementation in the European Union in the context of ongoing globalization of the world economy. The paper will present selected factors that stimulate the process of globalization, main objectives and tools supporting the functioning of the EU internal market, and the place of the European Commission as a body that enforces compliance with the rules of competition by companies and the Member States.

scholarly journals Die EU und ihre Nachbarschaftsbeziehungen: etablierte Assoziierungsmodelle und neue Grundformen

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 83-96 ◽  
Author(s):  
Barbara Lippert
Keyword(s):  
European Union ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Creation ◽  
The Eu

In this article, the author presents established models of association of the European Union (EU) with European third countries. She shows their different strategic perspectives, outlines benefits and problems, and examines the potential for developing these relations. Basically, these can go in the direction of expanding or dismantling partial sectoral integration. In addition, new basic forms of EU neighbourhood relations are discussed: the introduction of a new status of partial membership in the EU and - inspired by the European Economic Area - the creation of a European political and economic area.

scholarly journals Media support and its influence on the results of the referendum in Britain’s exit from the EU

2020 ◽  
pp. 102-114
Author(s):  
Yana Kybich
Keyword(s):  
European Union ◽  
Driving Forces ◽  
Political Process ◽  
British Society ◽  
The Political ◽  
The European Union ◽  
Binary Oppositions ◽  
The Media ◽  
The Uk ◽  
The Eu

June 2016 was marked by a landmark event - the so-called Brexit (literally from Britain’s exit ) – a referendum in which 52% of the population voted for the withdrawal of the United Kingdom from the European Union and only 48% - against. The significant changes that took place in the UK in the summer of 2016, finally split British society into those who are for and against leaving the European Union. The British media acted as a platform for political debates and discussions on the key issue of Britain’s stay in the EU. The most powerful media conglomerate, of course, had a decisive influence on the mood of those who voted, intensifying social polarization, which was reflected in the results of the fateful referendum. Elements of the British media played a key role in the debate over the referendum on the country’s membership in the European Union. The exit vote was influenced by a long campaign against the EU and against migration from EU countries. Throughout the campaign, virtually all media are in flagrant violation of journalistic standards of objectivity, fairness, and accuracy, becoming essentially propaganda bodies. The relevance of the study is due to the fundamental changes in British society related to the Brexit process, as well as the importance for politicians and the public of understanding public opinion and the media about Brexit. In addition, it is important to see how the view of Brexit has changed. It is necessary to find out the benefits, priorities and understanding of different scenarios, the driving forces behind these attitudes, and whether they change in response to statements and remarks by politicians and public figures. Britain’s withdrawal from the European Union is important for the whole world, as it affects the changing geopolitics of the whole of Europe. This topic is important for understanding the study of the political preferences of British society and the British media during the Brexit process. It can be stated unequivocally that both Brexit and the subsequent US election campaign in 2016 showed another example of skillful speculation in facts and figures, the successful creation and dissemination of unverified “viral information” through the media, which in the era of telecommunications has become a particularly effective tool for manipulation of public sentiment. The example of Brexit has demonstrated how to take the success of such campaigns to a new level, using all types of media (from traditional to electronic, including social networks), through which you can introduce into society binary oppositions that divide it, to introduce into the information space certain political figures, to popularize the necessary moods and slogans, to simplify the political process to the level of a show.

Subsidiarity as a Subject of Battle in European Union Politics

2020 ◽  
Author(s):  
Kees van Kersbergen ◽  
Bertjan Verbeek
Keyword(s):  
European Union ◽  
Power Relations ◽  
Political Process ◽  
Maastricht Treaty ◽  
Lisbon Treaty ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Over Time ◽  
The Eu

Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.

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