scholarly journals Explaining the European Union’s Interorganizational Influence on Other Regional Organizations

2021 ◽  
pp. 83-110
Author(s):  
Tobias Lenz
Keyword(s):  
Statistical Analysis ◽  
Institutional Evolution ◽  
Regional Organizations ◽  
Member States ◽  
The Creation ◽  
The Eu

This chapter examines the European Union’s influence on other regional organizations through a statistical analysis of a dataset that contains information on the institutionalization of 36 regional organizations from 1950, or the year of their establishment, until 2017. The analysis shows that both the intensity of a regional organization’s engagement with the EU (active influence) and the EU’s own institutional trajectory (passive influence) are correlated with the level of institutionalization in other regional organizations. Second, these effects are strongest in regional organizations that are based on contracts containing open-ended commitments. Together, these findings suggest that the creation and subsequent institutional evolution of the EU has made a difference to the evolution of institutions in other regional organizations. Counterfactually, member states would have built less institutionalized regional organizations in the absence of the EU.

European Asylum Policy ‐ Inclusions and Exclusions under the Surface of Universal Human Rights Language

2009 ◽  
Vol 11 (4) ◽  
pp. 347-366
Author(s):  
Jari Pirjola
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Power Struggles ◽  
Member States ◽  
Asylum Policy ◽  
Universal Human Rights ◽  
The Creation ◽  
The Eu

AbstractThe tension between universal human rights commitments and particular interests of the EU or its Member States is at the heart of the creation of a common asylum system. This article explores some of the inherent and structural contradictions as well as the sometimes hidden paradoxes that affect the creation of common asylum policies. The development of the European asylum system is examined as a process of including and excluding. It is argued that open, abstract and empty human rights commitments can provide only limited guidance on how to develop migration and asylum policies in Europe. We should not try to hide the development of the European asylum system behind the obscurity of legal reasoning or institutionalized rights language, but see the emerging common asylum system as a result of different and often conflicting priorities, power struggles and ideological influences.

Safe Country of Origin List at the EU Level: The Bargaining Process and the Implications

2012 ◽  
Author(s):  
Anca Gurzu
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Geneva Convention ◽  
National Level ◽  
Country Of Origin ◽  
European Parliament ◽  
Bargaining Process ◽  
Member States ◽  
The Creation ◽  
The Eu

Critics have often highlighted that the 1999 Tampere decision to establish a common European Union (EU) asylum system has been too focused on security and not enough on human rights, leading to increased denial of protection for asylum seekers. This paper focuses on a controversial asylum policy, which is part of this debate: the safe country of origin (SCO) policy. This policy revolves around having a list of countries deemed "safe" which ensures asylum seekers from these countries are fast tracked through the system and likely denied asylum in the end, based on a general assumption that the application is unfounded. Human rights groups have argued the SCO policy violates the Geneva Convention. Widely used at the national level, officials proposed the creation of a supranational SCO list in the early 2000s. However, disagreements among Member States over what countries to deem “safe" as well as the need to place the European Parliament in a co-decision (as opposed to consultative) position for the creation of the EU SCO list have led to an impasse. This paper employs two major European integration theories, neofunctionalism and liberal intergovernmentalism, to explain the bargaining dynamics between Member States and their failure to agree on what “safe" means. Factors such as different national migratory pressures, varied procedural understandings and applications of the SCO policy, a limited successful harmonization in related asylum policies, along with a reluctance to have the European Parliament in a co-decision position all contributed to the non-adoption of a supranational SCO list.   Full text available at: https://doi.org/10.22215/rera.v7i1.212

The Participation of the European Union in the Work of the United Nations: Evolving to Reflect the New Realities of Regional Organizations

2012 ◽  
Vol 9 (1) ◽  
pp. 181-225 ◽  
Author(s):  
Evan Brewer
Keyword(s):  
European Union ◽  
United Nations ◽  
International Organizations ◽  
General Assembly ◽  
The European Union ◽  
Regional Organizations ◽  
Member States ◽  
The Common ◽  
A Minor ◽  
The Eu

In May 2011, the General Assembly adopted Resolution 65/276 to provide the European Union with an “enhanced observer status” to participate more extensively in the General Assembly. The EU needed to restructure its participation in international organizations following the Lisbon Treaty, and this resolution effected some of those changes. Numerous UN member states expressed concerns that the expanded participation rights might compromise the integrity of the General Assembly as an inter-state entity. Ultimately, the rights granted pose a minor speculative threat, but offer a considerable opportunity at increasing the ability of regional organizations to better represent the common positions of their member states in the General Assembly and to improve the efficiency of the General Assembly.

scholarly journals Federalizm fiskalny i środowiskowy a polityka rolna

2019 ◽  
Vol 19(34) (1) ◽  
pp. 144-152
Author(s):  
Barbara Wieliczko
Keyword(s):  
European Commission ◽  
Agricultural Policy ◽  
The State ◽  
Individual Member ◽  
Review Of Literature ◽  
Environmental Federalism ◽  
Member States ◽  
The Creation ◽  
The Eu

The creation of an effective and efficient agricultural policy by the state is an extremely difficult task. It seems that designing proper agricultural policy becomes more difficult the larger the area. The aim of the article is to try to answer the question of what role in the creation and implementation of agricultural policy in the EU should be played by the European Commission, and by individual Member States. The answer to this question is based on the theories of fiscal and environmental federalism. The article is based on a review of literature and analysis of the optimal scope of public administration's competences in the creation and implementation of agricultural policy. The obtained results allow to determine how to optimize the division of tasks related to the agricultural policy between the levels of administration, which enables the implementation of a more effective and more efficient agricultural policy.

scholarly journals Untitled

2006 ◽  
Vol 12 ◽  
pp. 36-41
Author(s):  
Ana Maria Anghelea
Keyword(s):  
European Union ◽  
Maastricht Treaty ◽  
National Identities ◽  
European Identity ◽  
The European Union ◽  
Potential Threat ◽  
Member States ◽  
The Creation ◽  
The Eu

When at the end of the 1980s the EU launched a number of policies aimed to creating a European identity, the member states responded by incorporating into the Maastricht Treaty a clause stating that the European Union should respect the member states’ respective national identities (article F, point1). This reaction, along with the introduction of principle of subsidiary and the rejection of the word “federal”, revealed that many member states considered the creation of a European identity as a potential threat to their own national identities and their citizen’s national loyalties (Hojelid, 2001).

scholarly journals Germany

2020 ◽  
pp. 55-71
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado
Keyword(s):  
European Commission ◽  
Data Exchange ◽  
Legal Framework ◽  
Member States ◽  
Dna Database ◽  
String Pulling ◽  
The Creation ◽  
German Situation ◽  
The Eu

Abstract Germany’s DNA database was established in 1998 and grew into one of the mid-sized databases in the EU. Under the leadership of its Minister of the Interior, Germany was among the countries that drove the creation of the Prüm system and was among the first signatories of the Prüm Treaty in 2005. The 2007 German Presidency of the EU, along with the European Commission, also pushed for the integration of the Convention of Prüm into an EU legal framework. In terms of bordering practices, the German situation serves to illustrate an expansive and diffusive mode of debordering. This expansiveness is documented by the country’s early involvement and comprehensive establishment of data exchange with most of the countries in the system; this diffusive character is illustrated by the string-pulling practices employed by Germany, and some other Member States’ governments, to influence transnational police collaboration in the EU.

5 Formalities and Control

2020 ◽  
Keyword(s):  
Property Law ◽  
Member States ◽  
Eu Member States ◽  
Security Interest ◽  
The Creation ◽  
And Control ◽  
Formal Requirements ◽  
Collateralized Assets ◽  
The Eu ◽  
Provided Examples

This chapter focuses on the creation of a collateral transaction. It looks at two issues: (i) which formalities must be fulfilled in order to create a collateral transaction, or, more specifically, to validly provide collateral? And (ii) to what extent must the collateral taker have 'possession' or 'control' for a valid provision of collateral? These two issues seem to be especially problematical in the jurisdictions of the EU Member States. The problems follow from the implementation of the Collateral Directive into EU Member States laws, where both issues required derogations of, or at least amendments of, their national (property) laws. More specifically, the Collateral Directive aims to dis-apply formal requirements for collateral transactions to be validly created, i.e. for collateral to be validly provided. Examples of such formal requirements are the registration of a security interest with a public register and the execution of a specific document in a mandatory way. Meanwhile, general US property law requires the collateral taker to be in control of the collateralized assets as a means of perfecting a security interest.

Balance

2021 ◽  
pp. 104-147
Author(s):  
Signe Rehling Larsen
Keyword(s):  
The Political ◽  
Member States ◽  
Constitutional Order ◽  
The Creation ◽  
Political Form ◽  
The Eu

This chapter is about the internal contradictions of the federation as a political form manifest in its dual telos, that is, the creation of an ‘ever closer union’ and the protection of the autonomy and diversity of its Member States. The endurance of the federation is predicated on a balance between these forces and the absence of existential conflicts between its Member States. This can be achieved if there is a relative political homogeneity among the Member States. The substance of this homogeneity is not ‘natural’ or ‘pregiven’ but rather a political and constitutional construct unique to any given federation. The political homogeneity set out by the constitutional order of the EU is a part of the post-WWII project of ‘constrained democracy’, a project that has been more dominant in some Member States than others. As the rise of authoritarianism in Poland and Hungary shows, the EU’s constitutional equilibrium is precarious.

scholarly journals The Priorities and Effectiveness of the European Integration in the Scientific and Technological Sphere

2021 ◽  
Vol 5 (520) ◽  
pp. 34-41
Author(s):  
K. V. Petrenko ◽  
◽  
M. V. Kot ◽  
Keyword(s):  
European Integration ◽  
Statistical Data ◽  
Science And Technology ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Creation ◽  
Further Development ◽  
Technological Integration ◽  
The Eu

The article is aimed at studying the theoretical and methodological bases of scientific-technological integration and the effectiveness of the activities of the EU Member States and Ukraine with its prospects for the European integration in this sphere. The methodological basis for this study are scientific works of scholars, statistical data from official websites, normative legal acts in the field of scientific-technological integration of the EU Member States. As a result of the study, the significance of integration processes in the scientific-technological sphere is characterized. The main directions of priority of the European integration in the field of science and technology are defined. The effectiveness of the activities of the EU Member States based on international indices and general indicators of R&D development is analyzed. The current state of scientific-technological sphere in Ukraine is examined. Perspective directions of development of the EU Member States in the field of science and technology and potential of implementation of the European integration reforms in the Ukrainian scientific space are determined. Prospects for further research in this direction are the creation of a multi-aspect strategy for Ukraine’s participation in the European research space, as well as the details of measures to be implemented by the State authorities to ensure sustainable development of society and increase competitiveness on the world stage. Further development of the scientific-technological European integration can lead to the creation of even closer ties between the EU Member States and Ukraine.

scholarly journals Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego

2018 ◽  
pp. 107-119
Author(s):  
Georgi Gruew
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The Subject ◽  
The Creation ◽  
Principle Of Proportionality ◽  
The Eu

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.

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