Accountability

2020 ◽  
pp. 144-175
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
Fundamental Principle ◽  
Legal Framework ◽  
Federal State ◽  
The European Union ◽  
Member States ◽  
Multilateral Cooperation ◽  
Institutional Architecture

Accountability is the most fundamental principle of the European Union. By offering practical assurance that agreements will be enforced, that the Union’s institutions will not go beyond their enumerated powers and the division of competences will be respected by all, the Union’s legal framework makes long-term multilateral cooperation possible. However, the European Union does not follow the pattern of accountability through the separation of powers in the way of a federal state. The distinction between the legislature, the executive, and the judiciary does not work in the same way because of the role played by the member states. Many important decisions are made by the states’ institutions, not the Union’s institutions. The institutional architecture of the European Union is thus unfamiliar. It is impossible to compare it to that of a constitution. The European Union is divided between the institutions of the EU and the institutions of the member states. The fragmentation of accountability in the European Union among the EU’s institutions and the various member states (in various combinations, e.g. the members of the Eurozone) is a principled position. It does not mean that the relations between the states and the Union are unregulated or merely transactional.

Unfolding the case of returnees: How the European Union and its member States are addressing the return of foreign fighters and their families

2021 ◽  
pp. 1-23
Author(s):  
Carlota Rigotti ◽  
Júlia Zomignani Barboza
Keyword(s):  
European Union ◽  
Perceived Threat ◽  
The European Union ◽  
Security Threat ◽  
Short Term ◽  
Member States ◽  
Foreign Fighters ◽  
Term Response

Abstract The return of foreign fighters and their families to the European Union has mostly been considered a security threat by member States, which consequently adopt repressive measures aimed at providing an immediate, short-term response to this perceived threat. In addition to this strong-arm approach, reintegration strategies have also been used to prevent returnees from falling back into terrorism and to break down barriers of hostility between citizens in the long term. Amidst these different strategies, this paper seeks to identify which methods are most desirable for handling returnees.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

Itinera Europea

2021 ◽  
pp. 139-154
Author(s):  
Adrienne Héritier
Keyword(s):  
Decision Making ◽  
European Union ◽  
Interaction Analysis ◽  
Strategic Interaction ◽  
Federal State ◽  
External Shocks ◽  
The European Union ◽  
The Future ◽  
Institutional Architecture

Based on strategic interaction analysis, the chapter assesses the plausibility of the future paths of development of the European Union: a federal state, a differentiated and flexible union, covert integration, or disintegration. Systematically varying either the preferences of the main actors or the macro decision-making rules and external shocks/crises, the analysis comes to the conclusion that a differentiated and flexible union and covert integration are the most likely paths of development. The chapter discusses implications of specific scenarios, such as a possible popular backlash against ‘covert integration’ and elaborates on the desirability of practical proposals of a change in the European institutional architecture.

Circular Migration between Fact and Fiction

2015 ◽  
Vol 17 (2-3) ◽  
pp. 184-209 ◽  
Author(s):  
Jan Schneider ◽  
Bernd Parusel
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Circular Migration ◽  
Member States ◽  
Political Actors ◽  
Clear Cut ◽  
Cross Border ◽  
Third Country Nationals

Political actors in the European Union and in the eu member states have arrived to maintain that managed circular migration can generate benefits both for the destination countries and for the countries of origin of the migrants. Despite the fact that Germany so far has barely engaged in fostering circular migration through distinct programmes, a not inconsiderable share of foreigners from third countries living in Germany today can be viewed as circular migrants. This paper takes an inventory of the extent and characteristics of such spontaneous back-and-forth cross border movements by providing a specific, clear-cut definition for circular migration and thus analysing stock data on third country nationals residing in Germany. Furthermore, we scrutinise the German legal framework with a view to its propensity to encourage patterns of circular migration.

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.

Belgium and the European Union

2019 ◽  
Author(s):  
Edith Drieskens
Keyword(s):  
European Union ◽  
European Integration ◽  
Union Member ◽  
Fundamental Question ◽  
Federal State ◽  
The European Union ◽  
Member States ◽  
Gradual Process ◽  
The City ◽  
European Union Member States

Belgium is one of the six founding members of European integration, but it is often seen as a special one. In both policy and research, the country is widely known as the “heart of Europe.” It even sells itself to the outside world in this way. This metaphor has a double meaning, a literal and a figurative one. First, Belgium’s capital, Brussels, qualifies as the unofficial capital of the European Union. This meaning is strongly supported by facts, with the city hosting the most numerous and the most important institutions. The second meaning requires more detailed consideration. Indeed, and second, Belgium is perceived to be the most European of all European countries, even prepared to exchange sovereignty for supranationalism at any time and any price. A closer look at data, decisions, and developments shows, however, that while support for European integration is widespread, it is not omnipresent either in time or in place. Particularly in Flanders, the northern part of the country, support has been less obvious than elsewhere. Indeed, to understand Belgium and/in the European Union, one also has to understand the functioning of Belgium as a federal state composed of communities and regions, thus as a system of multilevel governance. While it is not the only federation among European Union member states, it uniquely combines a wide variety of federal characteristics. Most importantly here, the gradual process of federalization that Belgium has experienced has given the federated entities a strong voice in European Union decision-making. Member states still need to speak with one voice, however, resulting in a complex system of coordination and representation. The possibilities and realities of this system have attracted quite a lot of scholarly interest. The same goes for the rather fundamental question of whether the European Union and federated entities should be seen as unintended partners in the hollowing out of the federal state or whether the opposite holds true and the European Union is coming to Belgium’s rescue. The jury is still out on this, though the answer seems to be growing more and more complex as time passes.

scholarly journals Legal framework for establishing a single maritime transport space without barriers

2016 ◽  
Vol 52 (1) ◽  
pp. 165-182
Author(s):  
Biserka Rukavina ◽  
Loris Rak ◽  
Silvana Buneta
Keyword(s):  
European Union ◽  
Information System ◽  
European Commission ◽  
European Parliament ◽  
Legal Framework ◽  
Traffic Monitoring ◽  
Maritime Transport ◽  
The European Union ◽  
Member States ◽  
The Republic

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

Energy and Trans-European Networks

2018 ◽  
Author(s):  
Jens-Peter Schneider
Keyword(s):  
European Union ◽  
Energy Policy ◽  
European Community ◽  
Legal Framework ◽  
The European Union ◽  
Member States ◽  
Energy Mix ◽  
Limited Role ◽  
In The Beginning

The European Union has established a growing and increasingly complex legal framework for production, trade and consumption of energy during the last decades. In the beginning, the former European Communities played only a very limited role, as energy policy fell mainly into the competences of the Member States. Neither the Treaty on the European Community for Coal and Steel (1951) nor the EURATOM-Treaty (1957) limited the national competences to regulate the national energy mix or the structure of energy industries. A remnant of this former primacy of national competencies can be found in Article 192(2) TFEU.

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