The Commission of the Bishops’ Conferences of the European Community (COMECE)

2021 ◽  
pp. 368-385
Author(s):  
Frank Turner
Keyword(s):  
European Union ◽  
European Community ◽  
Social Thought ◽  
Religious Organizations ◽  
The European Union ◽  
Catholic Social Thought ◽  
Treaty Of Lisbon

This chapter describes the work of the Commission of the Bishops’ Conferences of the European Community (COMECE), its evolving relationship with central institutions of the European Union, and with its partners in the Catholic world. The chapter then considers particular challenges, both intrinsic (arising from the character of COMECE itself) and extrinsic (focusing on those entailed by the EU’s culture of secularity). For example, the Treaty of Lisbon assures religious organizations, like non-religious ones, both access to and dialogue with EU institutions. COMECE’s advocacy, however, is necessarily grounded in Catholic beliefs and principles, in particular those of Catholic social thought. Such foundational principles cannot be coherently articulated in the language of secularity alone.

1. Origins, institutions, and sources of law

2020 ◽  
pp. 1-21
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
European Community ◽  
Security Policy ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
European Economic ◽  
Foreign And Security Policy ◽  
Treaty Of Rome ◽  
Article 50 ◽  
The Eu

This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 (Brexit).

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

The Governance of the European Union: A New Institutionalist Approach

1993 ◽  
Vol 13 (4) ◽  
pp. 351-380 ◽  
Author(s):  
Simon J. Bulmer
Keyword(s):  
Public Policy ◽  
European Union ◽  
International Relations ◽  
European Integration ◽  
European Community ◽  
Historical Institutionalism ◽  
System Level ◽  
The European Union ◽  
Comparative Public Policy ◽  
Policy Perspective

ABSTRACTThe analysis of European integration has tended to use a toolkit drawn from international relations. But since the revival of integration in the mid-1980s, the governance of the European Community and European Union has increasingly come to resemble that of a multi-tiered state. Accordingly, this article analyzes the governance of the European Union from a comparative public policy perspective. Using new or historical institutionalism, three levels are considered. In the first part, attention is focused on the EU's institutions and the available instruments of governance. The second part examines the analysis of governance at the policy-specific or sub-system level, and puts forward an approach based on governance regimes. The final part considers the institutional roots of the persistent, regulatory character of governance in the European Union.

scholarly journals The European Union (EU) after the Treaty of Lisbon

2011 ◽  
Vol 35 (9) ◽  
Author(s):  
Marie-Theres Tinnefeld ◽  
Benedikt Buchner
Keyword(s):  
European Union ◽  
The European Union ◽  
Treaty Of Lisbon

Diplomatic Protection in EU Law: What’s New under the Sun?

2014 ◽  
Vol 9 (2) ◽  
pp. 150-175 ◽  
Author(s):  
Federico Forni
Keyword(s):  
European Union ◽  
International Law ◽  
European Commission ◽  
European Community ◽  
The Sun ◽  
International Agreement ◽  
Eu Law ◽  
The European Union ◽  
Diplomatic Protection ◽  
Effective Role

Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.

scholarly journals Air transport liberalisation in the European Union and its impact on development of the civil aviation sector in Poland

2009 ◽  
Vol 12 (3) ◽  
pp. 45-58 ◽  
Author(s):  
Renata Pisarek
Keyword(s):  
European Union ◽  
Market Structure ◽  
European Community ◽  
Air Traffic ◽  
Air Transport ◽  
Civil Aviation ◽  
Special Focus ◽  
The European Union ◽  
Traffic Dynamics ◽  
Structure Changes

The objective of this paper is to present an overview of the process of air transport liberalisation within the European Community and its influence on development of the aviation market in Poland. The paper describes the stages of air transport liberalisation in the European Community and its implementation to the Polish market. The special focus is given to problems of existing effects of air transport liberalisation and perspectives of its development. The study primarily intends to examine market structure changes of the Polish civil aviation sector and air traffic dynamics over the years of Polish integration with the European Union, presenting the most up-to-date available statistics

scholarly journals The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration

2013 ◽  
Vol 15 ◽  
pp. 139-167
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides
Keyword(s):  
European Union ◽  
European Integration ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Legal Principles ◽  
Division Of Powers ◽  
Court Of Justice ◽  
Scope Of Application

Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

scholarly journals Conclusions: What future for the Treaty of Lisbon?

2021 ◽  
Vol 58 (1) ◽  
pp. e72661
Author(s):  
Ariadna Ripoll
Keyword(s):  
European Union ◽  
Political System ◽  
Window Of Opportunity ◽  
The European Union ◽  
Special Issue ◽  
Political Union ◽  
Treaty Of Lisbon ◽  
Institutional Structures ◽  
Normative Issues ◽  
The Eu

This conclusion to the special issue reflects on the evolution of European integration since the early 1990s in order to better understand the contested origins of the Treaty of Lisbon and the consequences the latter have had for the EU’s political system. It considers the various contributions of the special issue and shows how the Treaty emerged in an era of shifting cleavages, disputed steps towards a more political Union and rising populism. This legacy has led to more polarisation and politicisation – a phenomenon that the Treaty of Lisbon struggles to encapsulate and conciliate with the culture of consensus and compromise inherent to its institutional structures. As a result, we observe a bias towards policy stability – and even failure – that affects the legitimacy and democratic standards of the European Union. In a context of polycrisis, the difficulty to find compromises – especially in highly normative issues – leads to the de-politicisation of the EU and reinforces the gap between EU institutions and its citizens. The COVID-19 pandemic is a window of opportunity for the EU, in which to choose between integration and disintegration; between values and inaction.

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>

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