The Union Budget

2018 ◽  
Author(s):  
Richard Crowe
Keyword(s):  
Public Finance ◽  
Decision Making ◽  
European Union ◽  
International Organizations ◽  
Legal Order ◽  
Traditional Model ◽  
The European Union ◽  
Community Law ◽  
European Policies ◽  
And Control

The budget of the European Union is, in many respects, an innovative transnational public finance experiment. The transition to a system of own resources in the 1970s marked an attempt to push beyond the traditional model for financing international organizations (through ‘national contributions’ from the budgets of the participating states) to establish an autonomous European budgetary order that would complement the ‘new legal order’ of Community law. Expectations may not have been fully realized in that regard, but today’s Union does enjoy a level of budgetary autonomy far exceeding that accorded to other treaty-based organizations. On the expenditure side, over 94 per cent of the budget is invested in common European policies, and it performs transnational redistributive functions in certain policy sectors. Moreover, the institutional framework for the establishment and control of the budget includes particular features, such as a strong parliamentary dimension to decision-making on expenditure and an independent Court of Auditors, that are more characteristic of the budgetary system of a state.

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.

EU Status In Other International Organizations

2018 ◽  
Author(s):  
Geert De Baere
Keyword(s):  
Decision Making ◽  
European Union ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
The European Union ◽  
Decision Making Processes ◽  
The Eu ◽  
Federal Structure

The present chapter considers the position of the European Union in other international organizations. It is based on the premise that the Union, while arguably also a federal or quasi-federal structure, is legally still itself an international organization. From the perspective of international law, that explains at least partly the complexities involved in an international organization such as the EU acquiring a status in—let alone membership of—another international organization. The term ‘status’ or ‘position’ is understood here as the influence the Union can exercise, either formally or informally, in decision-making processes in other international organizations. As an ever-increasing number of decisions having an impact on the Union’s policies originate in international organizations, its position in such fora matters.

Discretion, Competence and Migration in the European Union

1999 ◽  
Vol 1 (1) ◽  
pp. 61-87 ◽  
Author(s):  
Keyword(s):  
European Union ◽  
Legal Order ◽  
Underlying Structure ◽  
The European Union ◽  
Asylum Policy ◽  
Community Law ◽  
Law And Policy ◽  
And Migration ◽  
Immigration And Asylum ◽  
Community Legal Order

AbstractThis article considers the underlying structure of Community law on migration. It examines the fundamental elements of the Community legal order as they apply to immigration and how those elements have been used to regulate the position of third country nationals. It then looks at the inter-governmental approach to immigration and asylum policy which the Member States have pursued and poses some questions about how these two strands of law and policy meet within the new competences of the Community in respect of immigration and asylum.

Europe and the Loss of Sovereignty

2007 ◽  
Vol 56 (3) ◽  
pp. 475-489 ◽  
Author(s):  
Konrad Schiemann
Keyword(s):  
Decision Making ◽  
European Union ◽  
The State ◽  
The European Union ◽  
Political Systems ◽  
Sovereign State ◽  
And Control

AbstractThe concept of sovereignty plays too large a part in contemporary discussion. No nation is sovereign in the sense that it is free to do what it wants within its own borders and not subject to influences from outside. It is not self evident either that political systems have to be hierarchically organized or that there should be one final arbiter of law for all decisions. There are advantages in having different centres of power for decisions affecting differing matters. There is a case for the co-existence of overlapping power centres and for sharing in decision-making and being prepared to live with a decision which does not in itself reflect the wishes of your State. There are advantages in being part of a larger conglomerate. The State can then have some influence and control over what goes on outside its boundaries. There is no reason why that conglomerate should itself be a large sovereign State. The European Union offers the hope of transcending the sovereign State rather than simply replicating it in some new superstate. It may prove to be a model and an inspiration.

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.

scholarly journals The Right to Be Heard in the European Union – Case Law of the Court of Justice of the European Union

2016 ◽  
Vol 1 (1) ◽  
pp. 264
Author(s):  
Pranvera Beqiraj (Mihani)
Keyword(s):  
Decision Making ◽  
European Union ◽  
Case Law ◽  
Legal Order ◽  
Decision Making Process ◽  
The European Union ◽  
Court Of Justice ◽  
Individual Measure ◽  
Right To Good Administration ◽  
The Right

The right to be heard as a fundamental right within the Europen legal order was included in the right to good administration in the Charter of Fundamental Right of the European Union and imposes that every person has the right to be heard before any individual measure which would affect him or er adversely is taken. However, the Court of Justice of the European Union has a consolidated jurisprudence regarding the right to be heard which has already recognized it as a general principle and fundamental right. This paper will analyze this case law , which determine the nature of the decision-making process where this right must be applied, the nature of the decision taken and the way the interests of the person concened are affected. For this purpose different decisions of the Court of Justice of the European Union are taken under study.

The Dynamics of the European Union Legal Order: An Increasingly Coherent Framework of Action and Interpretation

2009 ◽  
Vol 5 (1) ◽  
pp. 117-142 ◽  
Author(s):  
Ramses A. Wessel
Keyword(s):  
Decision Making ◽  
European Union ◽  
Security Policy ◽  
Legal Order ◽  
The European Union ◽  
External Relations ◽  
Legal Nature ◽  
Foreign And Security Policy ◽  
Pillar Structure

Institutional and normative convergence – Common Foreign and Security Policy – Pillar Structure – External Relations – Role of the Court – Normative Consistency – EU Legal Order – Legal Nature CFSP – Treaty of Lisbon – Legal Instruments – Decision-Making

Ensuring sustainable foreign economic relations of countries at the forefront and outskirts of the European Union

2020 ◽  
Vol 16 (10) ◽  
pp. 1980-1996
Author(s):  
T.S. Malakhova
Keyword(s):  
European Union ◽  
International Organizations ◽  
Economic Cooperation ◽  
Structure Model ◽  
Methodological Framework ◽  
The European Union ◽  
Early 21St Century ◽  
Economic Relations ◽  
Economic Bloc ◽  
The Eu

Subject. Foreign economic and trade ties among countries are getting tighter and less predictable in the early 21st century. This directly stems from a growing disparity of partners, especially if it goes about their future cooperation as part of integration groups or international organizations. Communities of experts suggest using various approaches to locally adjusting integration phases, especially implementing the two-speed integration in the European Union. Objectives. The study is an attempt to examine an improvement of foreign economic cooperation and suggest its implementation steps for the European Union. This all is due to considerable inner controversies and problems within the EU, which grow more serious year by year. Methods. The methodological framework comprises the historical logic, dialectical principles, scientific abstraction method. The process and system approach was especially important for justifying the implementation of the above steps. It was used to examine foreign economic relations of partners in the European Union. Results. The article sets forth the theoretical and methodological framework for the geostrategic economic bloc, including a conceptual structure model. I present steps to implement a foreign economic cooperation of partners in the EU in terms of its form. Conclusions and Relevance. Should the form of the foreign economic relations among the EU countries be implemented, counties at the periphery of the EU will be able to become active parties to the integration group.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

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