Organizational Principles Under External Pressure

2019 ◽  
pp. 81-112
Author(s):  
Christina Eckes
Keyword(s):  
Decision Making ◽  
External Pressure ◽  
Legal Order ◽  
Democratic Legitimacy ◽  
National Courts ◽  
Economic Concept ◽  
External Relations ◽  
Union Action ◽  
Organizational Principles ◽  
The Eu

Chapter 3 identifies how the organizational principles of subsidiarity, primacy, and consistency are interpreted in the context of external relations. When Union action gives effect to international law, for example, this is portrayed by the EU institutions as amounting in certain circumstances to an assumption that the requirements of subsidiarity are met. Yet subsidiarity is regularly reduced to an economic concept focused on increasing ability to achieve a certain objective, that is, effectiveness. The chapter highlights the democratic legitimacy dimension of subsidiarity. It argues that, in particular, the principle of subsidiarity forms part of the bonding structures because it offers a formal legal opportunity to justify Union action and explicate that the Union is better placed to represent its citizens externally. With regard to primacy, Chapter 3 demonstrates that this principle is the necessary precondition for both the autonomy and effectiveness of the EU legal order. It explains how EU external relations may put primacy under pressure. It gives a glimpse of why national courts may rebel against the primacy of EU law because of this external pressure. Chapter 3 then turns to the principle of coherence. It argues that the Lisbon Treaty made a choice for coherence through ambiguity, which empowers the Court and contributes to the opaqueness of decision-making in the context of external relations. It argues that (perceived) coherence is a necessary precondition for bonding structures between the Union and EU citizens to realize their potential. Moreover, justifiability and hence legitimacy require a certain level of coherence and predictability.

scholarly journals Democratic Legitimacy and Soft Law in the EU Legal Order: A Theoretical Perspective

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Danai Petropoulou Ionescu ◽  
Mariolina Eliantonio
Keyword(s):  
Decision Making ◽  
European Union ◽  
Theoretical Perspective ◽  
Legal Order ◽  
Democratic Legitimacy ◽  
Soft Law ◽  
The European Union ◽  
Policy Issues ◽  
Empirical Assessment ◽  
The Eu

The increased recourse to soft law by the European Union (EU) as a flexible solution to complex social and policy issues has raised several questions about the democratic legitimacy of decision-making at the EU level. With the aim to provide a normative direction for future empirical assessment of EU soft law, this article explores the democratic credentials that EU soft law measures should fulfil to ensure their legitimacy. Drawing from the intersections of liberal, republican and deliberative conceptions of democracy, this article proposes four democratic legitimacy standards for the evaluation of soft law measures in practice: parliamentary involvement, transparency, participatory quality and reviewability.

International Courts or Tribunals and the Autonomy of the EU Legal Order

2019 ◽  
pp. 185-222
Author(s):  
Christina Eckes
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
External Pressure ◽  
Legal Order ◽  
European Convention ◽  
Court System ◽  
International Courts ◽  
European Court ◽  
External Relations ◽  
The Eu

Chapter 6 examines the consequences of the Union’s submission to the jurisdiction of international courts and tribunals (ICTs) for the autonomy of the EU legal order. In fact, no discussion of the effects of external relations on the internal constitutional structures would be complete without considering the specific and ever-increasing external pressure from ICTs that led the Court of Justice (CJEU) to take a rather protective and controversial position, for example, in Opinion 2/13 (EU accession to the European Convention on Human Rights). Chapter 6 concentrates on three ICTs that have, in the eyes of the Court or the Commission, raised particular issues for the autonomy of the EU legal order: investor-state dispute settlement mechanisms/the Investment Court System (ISDS/ICS), the Aarhus Convention Compliance Committee (ACCC) and the European Court of Human Rights (ECtHR) after the EU’s accession to the ECHR. The chapter draws the conclusion that, under certain circumstances, the CJEU’s concern that ICTs may threaten the autonomy of the EU legal order is plausible and links this conclusion to the potential of emerging structures of bonding within the EU legal order, as well as the effectiveness and legitimacy of the Union and its actions. Simply put, conceptual legal autonomy is needed for all three. Indeed, the very potential of structures of bonding depends on autonomy. One can only bond with an autonomous entity.

EU Powers Under External Pressure

2019 ◽  
Author(s):  
Christina Eckes
Keyword(s):  
External Pressure ◽  
Eu Law ◽  
The European Union ◽  
National Politics ◽  
Member States ◽  
External Relations ◽  
International Obligations ◽  
The Relationship ◽  
Organizational Principles ◽  
The Eu

This book argues that external actions of the European Union result in an acceleration of national politics being locked into a tightening net of EU law. It brings to light the -hidden effects of EU external actions on, for example, the interpretation of organizational principles, pre-emption, and international obligations of the Member States. It then connects these effects to the broader debate on the democratic crisis, by engaging with the basic structures of the EU legal order and the Union’s relations with its citizens. The focus of this book is on the ‘outside-in’ effects of EU external relations. More specifically, the book sheds light on how the Union’s external actions affect the power division between the EU and its Member States, the structures that shape the relationship between the Union and its citizens, as well as the autonomy, effectiveness, and legitimacy of EU law. It examines, for example, the interpretation and potential of organizational principles, such as loyalty, subsidiarity, primacy, and coherence, in the context of external relations. It analyses how the choice of an external legal basis affects Member States’ powers. It traces how the European Parliament represents EU citizens in external relations. The book then analyses these legal findings through the lens of ‘structure of bonding’, that is, basic structures that have the potential to frame and affect the Union’s relations with its citizens. It shows how bonding structures could be used to justify that the Union takes external actions, including where they constrain Member States.

5. Democracy and the EU

2020 ◽  
pp. 101-118
Author(s):  
Tapio Raunio
Keyword(s):  
Decision Making ◽  
European Integration ◽  
Policy Making ◽  
Democratic Legitimacy ◽  
European Level ◽  
Trade Off ◽  
Eu Member States ◽  
The Relationship ◽  
Input Legitimacy ◽  
The Eu

This chapter examines the relationship between European integration and democracy. The continuous transfer of policy-making powers from European Union (EU) member states to the European level has raised serious concerns about democratic legitimacy. The chapter assesses the claims that European integration undermines national democracy, and that decision-making at the EU level is not sufficiently democratic. It argues that while significant challenges remain, European integration has definitely become more democratic over the years. But there is perhaps a trade-off, with stronger input legitimacy potentially an obstacle to efficient European-level decision-making. It also underlines the multilevel nature of the EU polity and the importance of public debates about European integration.

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

Wartości czy interesy? Przyczynek do rozważań o istocie procesów integracji w ramach Unii Europejskiej

2018 ◽  
pp. 96-115
Author(s):  
Aleksandra Szczerba-Zawada
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Order ◽  
International Organization ◽  
The European Union ◽  
Member States ◽  
Common Values ◽  
The Eu

The purpose of this article is to try to outline the essence of membership of the European Union. This international organization, by virtue of the decision of its creators, i.e. the Member States, has been equipped with attributes, which have determined its unique – supranational – character. As a new legal order, the European Union has been granted some scope of autonomy, but ontologically it is dependent on the Member States. It is the Member States that have taken decision on setting up a new integration structure with a center of decision-making located not only outside but also above them, the scope of its competences and instruments of their exercising, and as “masters of the Treaties”, may decide to dissolve it. The decision to join the European Union seems to be determined pragmatically and praxiologically – upon benefits of cooperation within the framework of the EU. In this perspective solidarity, understood as the unity and equality of the Member States, based on common values, becomes a factor legitimizing the EU, and at the same time – a guarantor of its existence, especially in times of crisis.

scholarly journals EU Foreign Relations Law as a Field of Scholarship

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 321-325 ◽  
Author(s):  
Joris Larik
Keyword(s):  
European Union ◽  
International Law ◽  
Foreign Relations ◽  
Legal Order ◽  
International Organization ◽  
Eu Law ◽  
The European Union ◽  
External Relations ◽  
Scholarly Attention ◽  
The Eu

EU external relations law is a doubly peculiar field of scholarship that has attracted significant scholarly attention over the last several decades. It is both part of EU law—considered a “new legal order” distinct from international law—and it is concerned with the European Union as a global actor, a “strange animal” in that the EU is neither a state nor a classical international organization.

The Ordinary Legislative Procedure

2019 ◽  
Author(s):  
Maja Kluger Dionigi ◽  
Anne Rasmussen
Keyword(s):  
Decision Making ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Formal Rule ◽  
Rule Changes ◽  
Decision Making Processes ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Free Environment ◽  
The Eu

The ordinary legislative procedure (OLP), previously known as co-decision, has marked a significant milestone in the development of the European Union (EU) and transformed the way its institutions interact. What was initially seen as a cumbersome decision-making procedure subject to considerable criticism ended up being quite successful. The workings of the OLP have gradually developed, including both informal and formal rule changes to ensure a smoother functioning of the procedure. While the EU Council is still seen as the strongest body in the interinstitutional balance, the European Parliament (EP) is a co-legislator in most policy areas. After introducing the option to conclude legislation at first reading, so-called early agreements have become the norm in the OLP. The increase in early agreements by means of trilogues has speeded up decision-making but has not come without costs. Concerns have been raised about the transparency of trilogues and the accountability of the actors involved. Not surprisingly, these concerns have led to a shift in the research of the OLP from an emphasis on the powers of the different EU institutions to early agreements and their consequences for democratic legitimacy. Our careful review of the EU institutions’ own rules and practices governing trilogue negotiations shows that the rules and procedures for the conduct of negotiations have been adapted significantly over time. While there is a continued need for the EU to keep enforcing openness in its procedures, OLP interinstitutional bargaining does not operate in a rule-free environment. Yet most democratic scrutiny has been directed at the internal decision-making processes in the EP rather than at maximizing openness on the Council side or with respect to input from interest groups in the negotiation processes.

Choosing Voting Rules in the European Union

2019 ◽  
pp. 218-236
Author(s):  
Běla Plechanovová ◽  
Madeleine O. Hosli ◽  
Anatolij Plechanov
Keyword(s):  
Decision Making ◽  
European Union ◽  
Majority Rule ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Voting Rules ◽  
Rule Change ◽  
Population Sizes ◽  
The Eu ◽  
The Ideal

This chapter studies voting and representation in the European Union, specifically the Council of the EU and the European Parliament, over time. The authors assess the linkages between decision-making and democratic legitimacy, and then focus on potential alternatives to decision-making in the Council. They discuss development of the double-majority rule in view of aspects such as democratic representation, efficiency, and equitability and then offer analyses for different scenarios for the EU’s future, assuming different membership constellations and changes in member-states’ population sizes. They offer new calculations on voting power, the institution’s capacity to act, and equitability. Equitability, also with new rules incorporated into the Lisbon Treaty and effective as of November 2014, still deviates from the ideal value and with this, might induce the need for a rule change again in the future.

scholarly journals Europeanization in EU External Relations after the Eastward Enlargement: Complications and Bypasses to Greater Engagement with the Eastern ENP Countries

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Ivan F Dumka
Keyword(s):  
Decision Making ◽  
Coalition Building ◽  
Member States ◽  
New Members ◽  
Eu Policy ◽  
Administrative Capacity ◽  
Strategic Behaviour ◽  
External Relations ◽  
Normative Entrapment ◽  
The Eu

Emphasizing Poland and its relations with Ukraine, this paper applies a Europeanization framework to examine the uploading of external relations policies by EU members. It argues that as enlargement has shortened the list of countries to which the EU has made membership commitments, normative entrapment will not be at work in its external relations, nor address the more fractious nature of EU decision-making brought on by a larger and more diverse membership. This results in strategic behaviour by EU members and more laboured decision making, which can be expected, in general, to complicate the EU's external relations. Simply put, the coalition building that is so central to EU policymaking is more difficult following the eastward enlargement. However, because the new members vote, collaborate, and build coalitions in favour of closer ties to these eastern neighbours, complications from enlargement should be far less pronounced in the eastern policy than with other ENP countries. This comes despite striking shortcomings by Poland in the administrative capacity and elite socialization that normally characterize those member states who often succeed at projecting their preferences onto EU policy. All of this means that one can expect an eastward shift in the focus of the EU's external relations, and a deepening of its differentiated approach to external relations.

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