scholarly journals The Contested Council: Conflict Dimensions of an Intergovernmental EU Institution

2005 ◽  
Vol 53 (2) ◽  
pp. 403-422 ◽  
Author(s):  
Christina Zimmer ◽  
Gerald Schneider ◽  
Michael Dobbins
Keyword(s):  
European Union ◽  
Quantitative Analysis ◽  
Correspondence Analysis ◽  
Empirical Investigation ◽  
The Political ◽  
The European Union ◽  
Political Space ◽  
Ex Post ◽  
Ex Ante ◽  
Council Of Ministers

Recent research has tried to uncover the political space in which the Council of Ministers of the European Union decides. Rather than the left-right conflict or a cleavage between governments with national and supranational attitudes, this article shows that a redistributive dimension, decisively shapes the interactions in this most important legislative body of the European Union. In contrast to extant studies, we employ ex ante rather than ex post preference data and rely on correspondence analysis as a means to identify the underlying dimensions of contestation. The article concludes with an empirical investigation of how enlargement will affect the emerging political space within the European Union. Our quantitative analysis suggests that the gulf between net-contributors and net-receivers will further deepen.

scholarly journals Derecho de patentes versus derecho de defensa de la competencia en la Unión Europea: ¿una relación de complementariedad? = Patent law versus competition law in the European Union: a complementary relationship?

2018 ◽  
Vol 10 (1) ◽  
pp. 372
Author(s):  
Miriam Martínez Pérez
Keyword(s):  
European Union ◽  
Competition Law ◽  
Patent Law ◽  
The European Union ◽  
European Union Law ◽  
Complementary Relationship ◽  
Ex Post ◽  
Ex Ante ◽  
Constant Tension ◽  
Two Sectors

Resumen: Las relaciones existentes entre el Derecho de patentes y el Derecho de defensa de la competencia en el Derecho de la Unión Europea se hallan en constante tensión. En muchas ocasiones, resulta realmente complicado determinar dónde termina el ámbito de actuación de uno para dejar paso a la aplicación del otro. Surge así la necesidad de analizar la difícil convivencia de estos dos sectores del ordenamiento jurídico, en aras a determinar si entre ellos existe una relación de complementariedad o si, por el contrario, se presentan como regulaciones antagónicas. Al estudio de estas cuestiones se dedicará el presente trabajo.Palabras clave: Derecho de patentes, Derecho de defensa de la competencia, relación de complementariedad, conductas anticompetitivas, correctivos ex ante y ex post.Abstract: Relationships between Patent law and Competition law in European Union law are in constant tension. In many cases, it is really difficult to determine where the scope of the action of one ends and where the application of the other begins. Thus, the need to analyse the difficult coexistence of these two sectors of the legal system arises in order to determine whether there is a complementary relationship between them or whether, on the contrary, they are antagonistic regulations. This paper will be dedicated to the study of these issues.Keywords: Patent law, Competition law, complementary relationship, anticompetitive behaviour, ex ante and ex post corrective tools.

scholarly journals Counterterrorism and the rule of law in an evolving European Union: plus ça change?

2021 ◽  
Vol 12 (1) ◽  
pp. 36-51
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Focal Point ◽  
National Level ◽  
The European Union ◽  
The Rule Of Law ◽  
Ex Post ◽  
Ex Ante ◽  
The Right ◽  
Principle Of Legality

By taking the European Union (EU) as a principal focal point, this chapter will evaluate critically the rule of law challenges arising from the production and operation of counterterrorism norms. The article will focus on four case studies, two involving the rule of law ex ante (at the stage of adoption of EU law) and two involving the rule of law ex post (looking at its impact). In terms of ex ante rule of law challenges, the chapter will analyse the production of binding standards by the global executive and the trickle-down effect of these standards at the regional, EU and national level and the limits of scrutiny and justification of counterterrorism legislation on emergency grounds. In terms of rule of law ex post, the chapter will examine challenges of counterterrorism law to the principle of legality via over-criminalisation and the adoption of vague and broad definitions of terrorism, as well as challenges to the right to a fair trial and principle of effective judicial protection resulting from state arbitrariness in the mechanism of producing terrorist sanctions. The contribution will question whether the entry into force of the Lisbon Treaty, and the process of constitutionalisation of criminal law it entailed, has made a difference regarding the compliance of EU counterterrorism law with the rule of law.

scholarly journals Functioning of government institutions and development of processes in the political space of the European Union

2019 ◽  
pp. 32-40
Author(s):  
Iryna Butyrska
Keyword(s):  
European Union ◽  
Political Competition ◽  
Political Process ◽  
The Political ◽  
The European Union ◽  
Political Space ◽  
Political Debate ◽  
National Sovereignty ◽  
Political Processes ◽  
The Eu

The author analyzes the political space of the EU as an environment of functioning of political objects and development of political processes, a system of political differences, which strengthen the political hierarchy in the organization and the differentiation of political positions. Legislation adopted at the supranational level should be implemented by member-states or, if it is a directive, converted into national legislation. It is proved that the political and institutional structure of the hierarchy in the EU is relatively weak; it is based not on the independence of European authority, but on selective and overly conditioned transfer of authority of States to supranational institutions; part of national sovereignty is delegated to the States, although the States are sovereign within the EU; national sovereignty is limited to a certain extent and this is a serious obstacle that prevents the development of the authority vertical in the EU. The author emphasizes that this leads to failures in compliance with the rules of hierarchical subordination. Negotiations and cooperation of EU institutions are more organized than at the state level, which indicates the EU as a «Treaty order» or «competitive order». After all, the functioning of the European Single Market creates a pressure of competition on economic entities and on States with their political and economic regimes. The author believes that the solution of problems depends on the clarity of decisions and actions of the EU, which should become more open to political competition. This will promote innovation, highlight developments with the EU and enable citizens to decide who rules in the EU and take sides in the political debate. Institutional reforms have already changed the EU to a more competitive political institution. This approach should take the main place in the development of the EU policy, at least in the short term. Keywords: European Union, political space, political process, European authority institutions.

Las funciones del interregionalismo en la relación UE-CAN

Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres
Keyword(s):  
European Union ◽  
Present Article ◽  
The Political ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Political Rationality ◽  
Article Analysis ◽  
Andean Community ◽  
The Eu

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.

An Ever Further Apart Union? National and European Attachments in the European Union

2006 ◽  
Author(s):  
Tracey Raney
Keyword(s):  
European Union ◽  
Identity Formation ◽  
Identity Construction ◽  
Political Institutions ◽  
Active Role ◽  
The Political ◽  
The European Union ◽  
Political Identities ◽  
Political Identification ◽  
The Eu

This paper is about the ways that citizens perceive their place in the political world around them, through their political identities. Using a combination of comparative and quantitative methodologies, the study traces the pattern of citizens’ political identifications in the European Union and Canada between 1981 and 2003 and explains the mechanisms that shape these political identifications. The results of the paper show that in the EU and Canada identity formation is a process that involves the participation of both individuals and political institutions yet between the two, individuals play a greater role in identity construction than do political institutions. The paper argues that the main agents of political identification in the EU and Canada are citizens themselves: individuals choose their own political identifications, rather than acquiring identities that are pre-determined by historical or cultural precedence. The paper makes the case that this phenomenon is characteristic of a rise of ‘civic’ identities in the EU and Canada. In the European Union, this overarching ‘civic’ identity is in its infancy compared to Canada, yet, both reveal a new form of political identification when compared to the historical and enduring forms of cultural identities firmly entrenched in Europe. The rise of civic identities in both the EU and Canada is attributed to the active role that citizens play in their own identity constructions as they base their identifications on rational assessments of how well political institutions function, and whether their memberships in the community will benefit them, rather than on emotional factors rooted in religion or race. In the absence of strongly held emotional identifications, in the EU and Canada political institutions play a passive role in identity construction by making the community appear more entitative to its citizens. These findings offer new theoretical scope to the concept of civic communities and the political identities that underpin them. The most important finding presented in the paper is that although civic communities and identities are manufactured by institutions and political elites (politicians and bureaucrats), they require thinking citizens, not feeling ones, to be sustained.   Full text available at: https://doi.org/10.22215/rera.v2i4.179

The Berlin Process. Bringing the Western Balkan Region Closer to the European Union

Südosteuropa ◽  
2020 ◽  
Vol 68 (1) ◽  
pp. 1-24
Author(s):  
Christina Griessler
Keyword(s):  
European Union ◽  
Eu Enlargement ◽  
The Political ◽  
The European Union ◽  
Western Balkans ◽  
Political Activities ◽  
New Energy ◽  
Western Balkan Region ◽  
Slow Progress ◽  
Proactive Measures

AbstractFor the countries of the Western Balkans, the path to membership in the European Union (EU) has been particularly tortuous. Its slow progress has created frustration among applicant countries. In 2014 Germany, stepping into the political void that had formed, inaugurated what has come to be known as the Berlin Process, an initiative aimed at injecting new energy into the dormant EU enlargement process. The author examines the political activities initiated between 2014 and 2019, analysing the official documentation of the Berlin Process along with publications such as policy papers and media commentaries. She concludes that although meaningful and proactive measures have been taken, such efforts have not been successful in persuading or enabling the Western Balkan states to implement the political and economic reforms required for EU accession.

Delegation, Comitology, and the Separation of Powers in the European Union

2002 ◽  
Vol 56 (3) ◽  
pp. 551-574 ◽  
Author(s):  
Alexander Ballmann ◽  
David Epstein ◽  
Sharyn O'Halloran
Keyword(s):  
European Union ◽  
Policy Implementation ◽  
Separation Of Powers ◽  
Policy Outcomes ◽  
Theoretic Model ◽  
The European Union ◽  
Considerable Controversy ◽  
Game Theoretic ◽  
Council Of Ministers ◽  
The Eu

Although relatively unknown outside of Europe, comitology committees are an object of considerable controversy in the European Union (EU). Controversy stems from their pivotal role in overseeing policy implementation authority delegated from the Council of Ministers (Council) to the European Commission (Commission). In this article, we employ a game-theoretic model to analyze the influence of these, committees on policy outcomes. Our analysis provides three important insights. First, we show that, contrary to the conventional wisdom, comitology committees move outcomes toward the Commission's preferred policies rather than the Council's. Second, we demonstrate that the possibility of a Council veto may also move outcomes away from Council members' policy preferences and toward the Commission's. Third, the 1999 changes to the comitology procedures, designed to enhance the Commission's autonomy in policymaking, may have had the exact opposite effect. Paradoxically, we conclude that comitology serves to enhance the Commission's role in policy implementation and thereby strengthens the separation of powers within the EU.

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