8. Europeanization

2019 ◽  
pp. 115-126 ◽  
Author(s):  
Tanja A. Börzel ◽  
Diana Panke
Keyword(s):  
European Union ◽  
The European Union ◽  
Foreseeable Future ◽  
Top Down ◽  
Bottom Up ◽  
Approaches To Studying ◽  
Fourth Section ◽  
The Third ◽  
Important Field ◽  
The Eu

The first section of the chapter explains what Europeanization means and outlines the main approaches to studying this phenomenon. The second section describes why this concept has become so prominent in research on the European Union (EU) and its member states. In the third section, the chapter reviews the state of the art with particular reference to how the EU affects states (‘top-down’ Europeanization). It illustrates the theoretical arguments with empirical examples. Similarly, the fourth section examines how states can influence the EU (‘bottom-up’ Europeanization) and provides some theoretical explanations for the empirical patterns observed. This is followed by a section that presents an overview of research that looks at linkages between bottom-up and top-down Europeanization, and considers the future of Europeanization research with regard to EU’s recent and current crises and challenges. The conclusion argues that Europeanization, despite the crises the EU has been facing, will remain an important field of EU research for the foreseeable future.

8. Europeanization

2016 ◽  
Author(s):  
Tanja A. Börzel ◽  
Diana Panke
Keyword(s):  
European Union ◽  
State Of The Art ◽  
The State ◽  
The European Union ◽  
Foreseeable Future ◽  
Top Down ◽  
Bottom Up ◽  
Important Field ◽  
The Relationship ◽  
The Eu

This chapter examines the concept of Europeanization and why it has become prominent in research on the European Union and its member states. It first explains what Europeanization means before discussing the main approaches used in studying Europeanization. It then reviews the state of the art with particular reference to ‘top-down’ Europeanization (how the EU affects states) and illustrates the theoretical arguments with empirical examples. It also considers ‘bottom-up’ Europeanization (how states can influence the EU), offers some theoretical explanations for the empirical patterns observed, and provides an overview of research that explores the relationship between bottom-up and top-down Europeanization. Finally, it reflects on the future of Europeanization research and suggests that Europeanization will continue to be an important field of EU research for the foreseeable future.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

Judicial Legitimacy in the European Union

2020 ◽  
pp. 125-154
Author(s):  
Jan Komárek
Keyword(s):  
European Union ◽  
Political System ◽  
Dual Role ◽  
Judicial System ◽  
The European Union ◽  
Legal Tradition ◽  
Judicial Interpretation ◽  
Fourth Section ◽  
The Third ◽  
The Eu

The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.

scholarly journals Why Europe Does not Need a Constitution: On the Limits of Constituent Power as a Tool for Democratization

Res Publica ◽  
2021 ◽  
Author(s):  
Aliénor Ballangé
Keyword(s):  
European Union ◽  
European Integration ◽  
Democratic Participation ◽  
Democratic Deficit ◽  
The European Union ◽  
Constituent Power ◽  
Bottom Up ◽  
Cautious Approach ◽  
Theoretical Hypothesis ◽  
The Eu

AbstractIn this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I identify it as an opportunity for unfettered democratic participation. Against the reification of power-in-action into a power-constituted-in-law, I argue that the democratization of the EU can only be achieved through the multiplication of ‘constituent moments’. I begin by deconstructing the normative justifications surrounding the concept of constituent power. Here I analyze the structural aporia of constituent power and question the autonomous and emancipatory dimension of this notion. I then test the theoretical hypothesis of this structural aporia of the popular constituent power by comparing it with the historical experiments of a European popular constituent power. Finally, based on these theoretical and empirical observations, I propose to replace the ambivalence of the concept of popular constituent power with a more cautious approach to the bottom-up democratization of European integration: that of a multiplication of transnational constituent moments.

17. Competition Law

2021 ◽  
pp. 717-778
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
The Third ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Eu

This chapter assesses the EU competition law on private undertakings. The relevant Treaty section is here built upon three pillars. The first pillar deals with anticompetitive cartels and can be found in Article 101 of the Treaty on the Functioning of the European Union (TFEU). The second pillar concerns situations where a dominant undertaking abuses its market power and is found in Article 102. The third pillar is unfortunately invisible, for when the Treaties were concluded, they did not mention the control of mergers. This constitutional gap has never been closed by later Treaty amendments, yet it has received a legislative filling in the form of the EU Merger Regulation.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

scholarly journals Evironmental Tax. Are Vehicle Registers in the EU Prepared?

2017 ◽  
Vol 65 (1) ◽  
pp. 273-282
Author(s):  
Petr David ◽  
Vojtěch Schiller
Keyword(s):  
European Union ◽  
Union Member ◽  
Motor Vehicles ◽  
Environmental Tax ◽  
The European Union ◽  
Foreseeable Future ◽  
Negative Externalities ◽  
European Union Member States ◽  
Research Show ◽  
The Eu

The market system is unavailable to reflect negative externalities, caused by road motor traffic, in the realized prices. For that purpose, it would be appropriate to implement a general environmental road tax in the European Union member states. The question is whether the national registers of vehicles are prepared for such a change. Whether this is the case at present, may be found out by means of analyses of the available national registers. The next step is synthetic: the data must be subsequently completed on the basis of the knowledge of needs of currently existing systems of road motor vehicles taxation. In the end, the identified results may be supplemented with the known data published by international institutions. The results of the research show that the present systems of road motor vehicles taxation are utterly different and distortive. Only 12 countries of the European Union have registers which were clearly identified as prepared for the application of the environmental tax. Registers of the remaining countries do not contain one or more data that are necessary for the implementation of the environmental tax. For this reason we may assume that regardless of other determinants, environmental road tax shall not be introduced throughout the European Union in the foreseeable future.

Historical Development and Restructuring of CAP Towards a Sustainable Agriculture

2020 ◽  
pp. 231-241
Author(s):  
Esin Candan Demirkol
Keyword(s):  
European Union ◽  
Sustainable Agriculture ◽  
Common Agricultural Policy ◽  
Historical Development ◽  
The European Union ◽  
Agricultural Policies ◽  
Economic Data ◽  
The Third ◽  
The Common ◽  
The Eu

This chapter addresses the changes through the years in the Common Agricultural Policy (CAP), one of the oldest and most established policies of the European Union, within the framework of the sustainability and environment, and evaluates the impacts of this change within the Turkish agricultural policies. The chapter has three sections. The introduction offers a background knowledge about CAP. In the second section, the reform progress of the CAP is examined through the years. The third section compares economic data on agriculture in Turkey and the EU. Results of the chapter highlight restructuring of CAP towards policies towards sustainability.

Sincere Cooperation and Respect for National Identities

2018 ◽  
Author(s):  
Barbara Guastaferro
Keyword(s):  
European Union ◽  
Legal Order ◽  
National Identities ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Vertical Division ◽  
The One ◽  
The Eu

Article 4 of the Treaty on the European Union is a core provision to understand the ‘federal’ nature of the European Union. It is composed of three paragraphs, any of which tries to strike a balance between the constitutive units of the composite legal order, namely the EU, on the one hand, and the Member States, on the other. The first paragraph enshrines the so-called ‘principle of presumed Member States competences’, according to which competences not conferred upon the EU remain to the Member States. The second paragraph requires the EU to respect Member States’ national identities, inherent in their fundamental political and constitutional structures. The third paragraph enshrines the principle of sincere cooperation. In this respect, all the paragraphs express a sort of ‘federal concern’. Article 4(1) TEU is devoted to the vertical division of competences and strengthens the respect of the principle of conferral, Article 4(2) TEU is devoted to the identities of the Member States of the EU thus protecting diversities in the composite legal order, and Article 4(3) TEU is devoted to loyalty, which, like in many federal or compound legal orders, should inform the cooperation among levels of government.

Fairness

2020 ◽  
pp. 194-216
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
Distributive Justice ◽  
Fundamental Principle ◽  
Corrective Justice ◽  
Legal Interpretation ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Court Of Justice ◽  
The Eu

This chapter argues that fairness is a fundamental principle of the EU treaties. It means that under the EU treaties obligations of solidarity from one state to another are real. Their rationale, however, is not one of fair distribution. States may seek redress for unfairness on the basis of a conception of corrective, not distributive justice. Solidarity in the European Union is a matter of bilateral corrective justice, which informs the established treaties and gives them meaning. This is not just a moral interpretation, but also a legal interpretation, manifested not only in the practice of the member states but also in the judgments of the Court of Justice. Fairness, understood as justice in cooperation, is the third fundamental principle of the European Union as a Union of Peoples.

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