The New Transformation of Europe: Arcana Imperii

2020 ◽  
Vol 68 (1) ◽  
pp. 151-185
Author(s):  
Leone Niglia
Keyword(s):  
European Union ◽  
Member State ◽  
Structural Transformation ◽  
Monetary Union ◽  
Economic And Monetary Union ◽  
Private Law ◽  
Sovereign Power ◽  
The European Union ◽  
European Union Law ◽  
The Past

Abstract The European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of the Economic and Monetary Union are private law arrangements (the “memoranda of understanding” qua “contracts”) that equally, and with greater force, produce subordination. Adopting a critical comparative-historical approach, this Article delves into Europe’s collective legal memory, and the past of colonial relations, to make intelligible the deployment of the memoranda contracts whose harsh terms have been dramatically changing the condition of the “debtor countries” for the worse; in the arcana of private law lies the truth about the changing condition of sovereign power in contemporary Europe and about the potential to change direction and counter the “jurisdomination” turn.

scholarly journals The Fiscal Compact and the European Constitutions: ‘Europe Speaking German’

2012 ◽  
Vol 8 (1) ◽  
pp. 1-7 ◽  
Author(s):  
LB ◽  
JHR
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Monetary Union ◽  
Euro Area ◽  
Economic And Monetary Union ◽  
Economic Policies ◽  
The European Union ◽  
The Czech Republic ◽  
The United Kingdom ◽  
Fiscal Compact

In between the writing of this editorial and the publication of this issue of EuConst, the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, in everyday parlance the ‘Fiscal Compact’, will have been signed by the representatives of the governments of the contracting parties — the member states of the European Union minus the United Kingdom and the Czech Republic. The Fiscal Compact is intended to foster budgetary discipline, to strengthen the coordination of economic policies and to improve the governance of the euro area.

European Union Law

2021 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Free Movement ◽  
The European Union ◽  
Constitutional History ◽  
European Union Law ◽  
The Past ◽  
Part Structure ◽  
Free Movement Of Goods ◽  
Substantive Law

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

Twenty Years of CJEU Jurisprudence on Citizenship

2014 ◽  
Vol 15 (5) ◽  
pp. 821-834
Author(s):  
Prof. Dr. Gerard-René de Groot ◽  
Ngo Chun Luk
Keyword(s):  
European Union ◽  
Member State ◽  
Symbiotic Relationship ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Constant Friction ◽  
Union Citizenship ◽  
History Of ◽  
The Relationship

The history of the European Union has been fraught with constant friction between the sovereignty of the Member States and the supranational powers of the Union, with the Union gaining terrain in fields of law traditionally belonging to the Member States. Despite this tension, certain legal fields are steadfastly asserted as belonging to the Member States. Notably, Member States regulate the grounds of the acquisition and loss of nationality. The Treaty of Lisbon highlights that the nationality of Member States is scarcely governed by European Union law, if at all. The sole provision governing the relationship between Member State nationality and Union law, i.e., Article 20 of the Treaty on the Functioning of the European Union (TFEU) stresses the primacy of Member State nationality.Reality, however, is often not as simple as such a cursory reading implies. European Union citizenship, once a mere complementary facet of the national citizenships, has transformed into an institution in its own right, forming a symbiotic relationship between the Member State nationality and the European Union.

EU Institutions Representing Member States’ Governments

2020 ◽  
Author(s):  
Eugenia Dumitriu Segnana ◽  
Alberto de Gregorio Merino
Keyword(s):  
European Union ◽  
Monetary Union ◽  
Euro Area ◽  
Central Place ◽  
Common Interest ◽  
Economic And Monetary Union ◽  
The European Union ◽  
Member States ◽  
National Policies ◽  
Greek Crisis

The Council of the European Union (EU) occupies a central place in the Economic and Monetary Union (EMU), even more so than in any other Union policies. It exercises in this area a variety of roles going from a forum for coordination of national policies to legislative functions and executive powers. The different crises that affected the Union and in particular the euro area in the last ten years have strengthened its prominent position, in no small part due to the Council’s ownership by the Member States. Alongside the Council, the Euro Group, which is presided by a fixed-term president, has developed itself as the informal forum where Ministers from the Member States whose currency is the euro discuss matters of common interest. Its role has been decisive, in particular in the Cypriot and Greek crisis, which could have put into question the very existence of the euro area as a whole.

scholarly journals Increasing Legal Certainty without Trust: Why Regulation 2019/515 Cannot Achieve the Unachievable

2020 ◽  
pp. 1-16
Author(s):  
Benjamin JAN
Keyword(s):  
European Union ◽  
Member State ◽  
Market Access ◽  
Mutual Recognition ◽  
The European Union ◽  
Legal Certainty ◽  
The Past

More than 40 years after Cassis de Dijon, the mutual recognition in the field of goods is still a failure. The promise of this principle for ensuring both market access and regulatory diversity has not been kept. Therefore, today, businesses rarely rely on mutual recognition to sell their products in another Member State. In an attempt to stimulate this procedure further, the European Union legislator tried to simplify the procedures to be followed by businesses and public administrations through Regulation 2019/515. This article argues that, although the Regulation creates more legal certainty, it fundamentally fails to address the underlying problem of lack of trust that has stalled mutual recognition in the past.

scholarly journals Risks of a slow-motion EMU reform

2019 ◽  
Vol 16 (2) ◽  
pp. 226-237
Author(s):  
László Andor
Keyword(s):  
European Union ◽  
Monetary Union ◽  
Euro Area ◽  
Slow Motion ◽  
Critical Assessment ◽  
Economic And Monetary Union ◽  
Reform Process ◽  
The European Union ◽  
Eurozone Crisis ◽  
Pros And Cons

The article provides a critical assessment of how the Economic and Monetary Union was designed, implemented and reformed in the European Union and discusses the risks of a slow-motion reform process. It is argued that the fact that the euro area economy has recovered in the last few years has become a source of complacency and delays. In particular, powerful forces continue to downplay the importance of systemic reconstruction and the risk of disintegration remains high despite the relative tranquillity of markets in the 2014–2018 period. Finally, the article evaluates competing paradigms about the eurozone crisis and the pros and cons of fiscal capacity building.

scholarly journals Encrucijadas de la moneda única. Algunas claves para una reflexión desde la periferia

2015 ◽  
Vol 8 (22) ◽  
Author(s):  
Fernando Luengo Escalonilla Lucía Vicent Valverde
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Monetary Union ◽  
Community Leaders ◽  
Economic And Monetary Union ◽  
The European Union ◽  
Spanish Economy ◽  
European Monetary

<p> </p><p>The article reflects about the viability and implications of the Economic and Monetary Union from a Southern periphery of the European Union perspective, especially that of the Spanish economy. The argument is developed through two ideas: a) euro zone’s reconfiguration carried out by community leaders has preserved and also has sharpened imbalances and asymmetries that triggered the economic crisis, b) the debate on how to overcome it contains and transcends the dilemma that arises from being  part of the European Monetary area, or not.</p><p> </p>

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