The Many Constitutions of Europe

2016 ◽  
Author(s):  
Kaarlo Tuori
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
European Constitution ◽  
State Constitutions ◽  
The Many ◽  
Constitutional Pluralism

The article discusses two main senses of the “many constitutions in Europe.” First, it argues that the European constitution—identified in the article with the constitution of the European Union—should be examined as a multidimensional and multitemporal process of constitutionalization. A distinction is made between the framing juridical and political constitutions, and the sectoral constitutions: micro- and macroeconomic, social, and security constitutions. Second, the article explores the relations between the transnational European and the national member state constitutions. It is claimed that the debate on constitutional pluralism has one-sidedly focused on merely one aspect (the conflictual one) of these relations within merely one (the juridical) constitutional dimension.

The Union of Laughter and Forgetting? The European Union and the Construction of its own History

2006 ◽  
Author(s):  
Hernan Tesler-Mabe
Keyword(s):  
European Union ◽  
Great Part ◽  
The European Union ◽  
European Constitution ◽  
Close Study ◽  
Dramatic Shift ◽  
One Year ◽  
The Many ◽  
Teleological Interpretation ◽  
Compare And Contrast

As recently as one year ago, the European Union was seemingly on a direct path toward its avowed goal of "ever closer union." In numerous publications, EU authorities asserted that they had the confidence of European peoples desirous only of further integration. In the wake of the failed referenda for a European Constitution, however, enthusiasts of European Union can no longer be certain that their enterprise will succeed. The European Union, once strong and united, seems now an entity teetering on the edge of collapse. The reasons for such a dramatic shift are, of course, wide-ranging. Yet I would suggest that a great part of the general European disillusionment with European Union has come about as a result of the actions of the Europeanists themselves. Over the last decades, European officials have exhibited a frightfully high incidence of revisionism in their literature. This practice, I argue, has caused many Europeans to question the integrity of the project of European Union. For my presentation, I intend to undertake a close study of a selection of documents published by the European Communities. In this endeavour, I will compare and contrast the messages imparted in different editions of these works and consider the semiotic significance of the textual and non-textual language appearing therein. In this manner, I hope to achieve two aims. First, I mean to add a corrective element to a literature that, guided by a teleological interpretation of integration, endows integration with”logic" to be found only in hindsight. Second, I intend to examine the many meanings that the EU has had over its history and assess how closely policy has adhered to the ideological goals of prominent Europeanists. In sum, I hope to shed light on the fundamental disconnect between advocates of Europe and the "man on the street" and help establish a dialogue which may contribute to resolving the current impasse within the European Union. Full text available: https://doi.org/10.22215/rera.v2i4.178

Always One Step Behind? National Legislatures and the European Union

1999 ◽  
Vol 34 (2) ◽  
pp. 180-202 ◽  
Author(s):  
Tapio Raunio
Keyword(s):  
European Union ◽  
Member State ◽  
National Policy ◽  
Policy Formulation ◽  
The European Union ◽  
National Parliaments ◽  
State Constitutions ◽  
Eu Membership ◽  
One Step ◽  
Council Of Ministers

NATIONAL PARLIAMENTS ARE CENTRAL ACTORS IN THE SCRUTINY AND implementation of European Union (EU) legislation. Member state legislatures provide a channel for incorporating public opinion into the governance of the Union. Their importance has become more evident during the 1990s as debate has focused on the democratic deficit and deparliamentarization of European governance.National parliaments are involved in EU decision-making in three ways: they 1) participate in national policy formulation on Union legislation; 2) monitor the behaviour of member state representatives in the Council of Ministers and the European Council; and 3) have functions specifically regulated in the treaties, such as ratification of treaty amendments and implementation of directives. The third function differs from the first two as the treaties impose rights and duties on the national parliaments, whereas there is no EU law on national policy formulation on Union legislation or on the scrutiny of ministers. During the 1996-97 Intergovernmental Conference (ICC) the member states saw no need for such European-level regulation. Thus it is up to each national parliament – within the limits set by member state constitutions and other constraints – to decide how it deals with the challenges brought by EU membership.

PROVIDING A CONSTITUTIONAL FRAMEWORK FOR WITHDRAWAL FROM THE EU: ARTICLE 59 OF THE DRAFT EUROPEAN CONSTITUTION

2004 ◽  
Vol 53 (2) ◽  
pp. 407-428 ◽  
Author(s):  
J Friel Raymond
Keyword(s):  
European Union ◽  
Member State ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
European Constitution ◽  
Article 59 ◽  
Qualified Majority ◽  
The Eu ◽  
Draft Constitution

After almost 50 years in existence in a variety of different forms, the EU finally has an express proposal on the table dealing with the potential withdrawal of a Member State. Article 59 of the draft Constitution states that any Member State may now ‘decide to withdraw from the European Union in accordance with its own constitutional requirements’.1 The Member State would have to formally notify the European Council of this decision. The Council and the Member State would then enter into negotiations on a mutually agreeable basis for withdrawal, including a framework for the future relationship between the EU and the Member State. The results of this negotiation would require approval by a qualified majority of the Council after obtaining the consent of the European Parliament.2 In any event, withdrawal would occur not later than two years following the notification unless extended by agreement between the Member State and the European Council.3

scholarly journals The Union of Laughter and Forgetting? The European Union and the Construction of its own History

2006 ◽  
Vol 2 (4) ◽  
Author(s):  
Hernan Tesler-Mabe
Keyword(s):  
European Union ◽  
Great Part ◽  
The European Union ◽  
European Constitution ◽  
Close Study ◽  
Dramatic Shift ◽  
One Year ◽  
The Many ◽  
Teleological Interpretation ◽  
Compare And Contrast

As recently as one year ago, the European Union was seemingly on a direct path toward its avowed goal of "ever closer union." In numerous publications, EU authorities asserted that they had the confidence of European peoples desirous only of further integration. In the wake of the failed referenda for a European Constitution, however, enthusiasts of European Union can no longer be certain that their enterprise will succeed. The European Union, once strong and united, seems now an entity teetering on the edge of collapse. The reasons for such a dramatic shift are, of course, wide-ranging. Yet I would suggest that a great part of the general European disillusionment with European Union has come about as a result of the actions of the Europeanists themselves. Over the last decades, European officials have exhibited a frightfully high incidence of revisionism in their literature. This practice, I argue, has caused many Europeans to question the integrity of the project of European Union. For my presentation, I intend to undertake a close study of a selection of documents published by the European Communities. In this endeavour, I will compare and contrast the messages imparted in different editions of these works and consider the semiotic significance of the textual and non-textual language appearing therein. In this manner, I hope to achieve two aims. First, I mean to add a corrective element to a literature that, guided by a teleological interpretation of integration, endows integration with”logic" to be found only in hindsight. Second, I intend to examine the many meanings that the EU has had over its history and assess how closely policy has adhered to the ideological goals of prominent Europeanists. In sum, I hope to shed light on the fundamental disconnect between advocates of Europe and the "man on the street" and help establish a dialogue which may contribute to resolving the current impasse within the European Union.

THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOs) AS INTERMEDIARIES OF THE EUROPEAN UNION DECISION TO ADOPT INTERNATIONAL ACCOUNTING STANDARDS: 1973–2002

2016 ◽  
Vol 43 (2) ◽  
pp. 59-127 ◽  
Author(s):  
Devrimi Kaya ◽  
Robert J. Kirsch ◽  
Klaus Henselmann
Keyword(s):  
European Union ◽  
Accounting Standards ◽  
International Accounting ◽  
International Accounting Standards ◽  
The European Union ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
History Of ◽  
The Many

This paper analyzes the role of non-governmental organizations (NGOs) as intermediaries in encouraging the European Union (EU) to adopt International Accounting Standards (IAS). Our analysis begins with the 1973 founding of the International Accounting Standards Committee (IASC), and ends with 2002 when the binding EU regulation was approved. We document the many pathways of interaction between European supranational, governmental bodies and the IASC/IASB, as well as important regional NGOs, such as the Union Européenne des Experts Comptables, Économiques et Financiers (UEC), the Groupe d'Etudes des Experts Comptables de la Communauté Économique Européenne (Groupe d'Etudes), and their successor, the Fédération des Experts Comptables Européens (FEE). This study investigates, through personal interviews of key individuals involved in making the history of the organizations studied, and an extensive set of primary sources, how NGOs filled key roles in the process of harmonization of international accounting standards.

scholarly journals Externalizing Migration Management through Soft Law: The Case of the Memorandum of Understanding between Libya and Italy

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Martino Reviglio
Keyword(s):  
European Union ◽  
International Migration ◽  
Critical Discussion ◽  
International Organization ◽  
Soft Law ◽  
Illustrative Case ◽  
The European Union ◽  
Migration Management ◽  
The Many ◽  
Law Making

Abstract The externalization of migration management to third countries is becoming a recurrent phenomenon in international migration management. Soft law instruments emerged as an important strategy to externalize migration management to third countries through international migration agreements. In particular, in the last years the European Union and some member states have adopted bilateral and multilateral migration agreements in order to diminish the arrival of migrants in Europe. These agreements in the form of soft law instruments are problematic because do not follow the ordinary process of law making and thus it is difficult to assess their legal effectivity. The memorandum of understanding signed in February 2017 between Libya and Italy represents an illustrative case of the process of externalizing migration management through soft law. From a critical discussion of the memorandum, many problems in relation to its legal and material validity follow. In particular, the protection of migrants’ human rights in Libya is not guaranteed as the many international organization and NGOs reports indicate.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

Euroatlanske integracije i savremeni izazovi razvojne politike javnog komuniciranja u Bosni i Hercegovini

2017 ◽  
pp. 33-50
Author(s):  
Mirza Mehmedović
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Information Needs ◽  
Political Organization ◽  
Media Policy ◽  
Specific Information ◽  
The European Union ◽  
Public Media ◽  
The Government ◽  
The Many

In the middle of the second decade of the twenty-first century, Bosnia and Herzegovina is at the crossroads of political, economic and cultural revitalization of the society as a country that declarative aims for application of European principles of political organization and the membership in the European Union. On this way there are many open issues that are the result of twenty years of political and economic stagnation or collapse of all elements that should be the foundation for the stabilization of a modern democratic society in Bosnia and Herzegovina. The internal reconstruction of the political system and the revitalisation of the institutions of the government or different holders of political reforms means at the same time the fulfilment of the conditions of accession to Euro-Atlantic integration. The development of a unified media policy in Bosnia and Herzegovina, and the establishment of public media service in accordance with the requirements of the European Union and the interests of all citizens are the top issues among the many current challenges that we have to deal with in the future. But for Bosnia and Herzegovina it is not exclusively the interest of communicational research. It must be necessarily seen in the wider context as a political, cultural and economic issue, because the establishment of a single media/communication system is one of the key requirements for a political compromise, the integration of society and the harmonization of other common (primarily economic) interests for all citizens of Bosnia and Herzegovina. One of the key requirements for defining a unified media policy in Bosnia and Herzegovina is agreeing / reconciliation of all complex (heterogeneous) cultural characteristics, as well as the specific characteristics of modern communication situation in a model that would respond to the specific information needs of citizens and the standards applied by the European Union.

ANALYSIS OF THE NATURE OF THE EUROPEAN DIGITAL TAX IN COMPARISON WITH THE CURRENT VAT SYSTEM AND ITS IMPACT ON THE ECONOMY AND MANAGEMENT OF ECONOMIC ENTITIES

2021 ◽  
Vol 2 (4) ◽  
pp. 42-48
Author(s):  
S. V. ZAYTSEV ◽  
Keyword(s):  
European Union ◽  
Civil Society ◽  
European Commission ◽  
Value Added ◽  
The European Union ◽  
Value Added Tax ◽  
Short Term ◽  
Low Level ◽  
Digital Services ◽  
The Many

In March 2018 the European Commission presented a proposal to adopt a digital services tax (DST) on certain types of revenues of multinational digital Companies. The purpose of the digital services tax is to compensate in the short term for the low level of corporate taxation of these companies in the European Union and thus meet the urgent need of civil society for greater tax fairness. DST is presented as an indirect tax on turnover and is often compared to value-added tax (VAT). In this article, the author seeks to highlight the many differences that exist between the harmonized European Union VAT and the new DST. In addition, the author challenges the idea that the DST will actually be an indirect tax and, most importantly, that it will effectively increase tax justice in the European Union.

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