Countering Democratic Backsliding by EU Member States: Constitutional Pluralism and ‘Value’ Differentiated Integration

2021 ◽

pp. 73-103

Author(s):

Armin von Bogdandy

Keyword(s):

Building Blocks ◽

Member States ◽

Checks And Balances ◽

Eu Member States ◽

Constitutional Pluralism

AbstractThis contribution develops the framework of European reactions to the undermining of checks and balances in EU Member States. It surveys the normative setting with its various institutional options and contrasting constitutional principles and then applies these principles to the panoply of relevant instruments. The building blocks of this framework are competence, procedure, standards, and control. This should help Europe to speak with a principled voice. The contribution shows how red lines can be drawn that respect constitutional pluralism, and how any action’s legitimacy is enhanced if many institutions undertake it jointly.

Download Full-text

Enhanced Cooperation, EMU Reforms and Their Implications for Differentiation in the European Union

Baltic Journal of European Studies ◽

10.1515/bjes-2017-0011 ◽

2017 ◽

Vol 7 (2) ◽

pp. 84-106

Author(s):

Tomasz Kubin

Keyword(s):

European Union ◽

Maastricht Treaty ◽

Theoretical Framework ◽

The European Union ◽

Member States ◽

Eu Member States ◽

The Future ◽

Differentiated Integration ◽

Treaty Of Amsterdam ◽

The Eu

Abstract Initially, before the entry into force of the Maastricht Treaty, differences in integration between members of the European Communities (EC; later the European Union) were relatively few and usually temporary in nature. The Schengen Agreement, the Maastricht Treaty and the Treaty of Amsterdam, and the possibility of establishing enhanced cooperation meant that the problem was becoming more and more important in the functioning of the EU—both in theory and in practice. The objective of the paper is to show that for several years, along with the stagnation in the deepening of integration between all the EU Member States, differentiation of integration in the EU is progressing very rapidly. The progressing differentiation in the EU is a consequence of mainly two processes: the development of enhanced cooperation and reforms in the eurozone, which are strengthened by the widening of the EU. The article covers the issue of the categorization of differentiation of European Union integration, which constitutes the theoretical framework for further considerations. Specified processes which contribute to increasing the differentiation of the EU are discussed, showing the development of enhanced cooperation in the EU and presenting the reforms of the eurozone. The article concludes with the identification and the consequences of differentiated integration, both those that have already occurred and those that may occur in the future.

Download Full-text

Polityka w zakresie badań i rozwoju technologicznego Unii Europejskiej jako przykład integracji formalnie i faktycznie zróżnicowanej

Politeja ◽

10.12797/politeja.15.2018.54.05 ◽

2019 ◽

Vol 15 (54) ◽

pp. 79-92

Author(s):

Leszek Kwieciński

Keyword(s):

European Union ◽

Research And Development ◽

European Integration ◽

Development Policy ◽

Technological Development ◽

The European Union ◽

Structural Policy ◽

Member States ◽

Eu Member States ◽

Differentiated Integration

Research and Development Policy of the European Union as an Example of Formal and Real Differentiated IntegrationIn this paper has been analysed a concept of the differentiated integration and their main criteria. This allows to show the formal and legal sphere of this concept, especially in the Research and Technological Development Policy of the European Union. As a result it was noted that the described EU structural policy is an area of deep formal and real diversity that runs both between EU Member States and other public‑private stakeholders, such as universities or enterprises. This fact contributed to present two scenarios for the further evolution of European integration in the area of Research and Technological Development Policy.

Download Full-text

Why differentiated integration is such a common practice in Europe: A rational explanation

Journal of Theoretical Politics ◽

10.1177/0951629819875522 ◽

2019 ◽

Vol 31 (4) ◽

pp. 642-659 ◽

Cited By ~ 1

Author(s):

Katharina Holzinger ◽

Jale Tosun

Keyword(s):

European Union ◽

European Neighbourhood Policy ◽

Strategic Interactions ◽

Member States ◽

Opting Out ◽

Eu Member States ◽

Opt Out ◽

Rational Explanation ◽

Differentiated Integration ◽

The Eu

With Brexit imminent, the debate on the need for differentiated integration (DI) by means of opting-out has gained new momentum. At the same time, non-member states decide to adopt European Union (EU) rules as exemplified by the European Neighbourhood Policy. In light of these opposing observations, we examine the EU’s disposition to supply DI. We outline the strategic interactions of the EU member states or non-members in the context of two forms of DI: opting-out and inducing-in. In the case of opting-out, EU member states can refrain from adopting EU rules; inducing-in refers to providing non-member states with incentives to adopt EU rules. We show that the information asymmetries inherent to the strategic interactions result in a situation in which the EU is likely to supply opportunities to opt-out for member states to a much greater extent than necessary. Furthermore, the EU is likely to offer more compensation to non-member states in exchange for adopting EU rules than it would actually need to.

Download Full-text

Constitutional Amendment Index: the procedural requirements of an EMU-induced constitutional change in EU member states

Zeitschrift für öffentliches Recht ◽

10.33196/zoer201903044301 ◽

2019 ◽

Vol 74 (3) ◽

pp. 443

Author(s):

Zdenek Kudrna ◽

Elisabeth Lentsch

Keyword(s):

Constitutional Amendment ◽

Constitutional Change ◽

Member States ◽

Eu Member States

Download Full-text

Doing Everything You Can, but Not (yet) Getting it Right: Challenges to Brussels' Great Expectations for Water Quality1

Case Studies in the Environment ◽

10.1525/cse.2017.sc.452733 ◽

2017 ◽

Vol 1 (1) ◽

pp. 1-6 ◽

Cited By ~ 1

Author(s):

Franca Angela Buelow

Keyword(s):

Water Status ◽

Organizational Structures ◽

Eu Water Framework Directive ◽

The European Union ◽

Member States ◽

Great Expectations ◽

Eu Member States ◽

European Water ◽

Improve Water Quality ◽

Governance Architecture

To arrive at a good status of all European water bodies is the main objective of the European Union (EU) Water Framework Directive (WFD). Since its adoption in 2000, the policy has fundamentally changed the institutional, procedural and organizational structures of Member States' water management, leading to an Europeanization of national legislation and decision-making structures. The case of WFD implementation in Schleswig-Holstein is an example of the policy's highly innovative governance architecture that unfortunately is not (yet) able to take that one last hurdle: to improve water quality and establish a good water status across EU Member States by 2015 or 2027.

Download Full-text

BIOECONOMY DEVELOPMENT POTENTIAL BASED ON MORE EFFICIENT LAND USE IN THE EU

Proceedings of the 7th International Scientific Conference Rural Development 2015 ◽

10.15544/rd.2015.101 ◽

2015 ◽

Cited By ~ 1

Author(s):

Irina PILVERE ◽

Aleksejs NIPERS ◽

Bartosz MICKIEWICZ

Keyword(s):

Green Growth ◽

Member States ◽

Eu Member States ◽

Growing Stock ◽

Europe 2020 ◽

Europe 2020 Strategy ◽

Analysis And Synthesis ◽

Key Industries ◽

The Eu ◽

Production Resource

Europe 2020 Strategy highlights bioeconomy as a key element for smart and green growth in Europe. Bioeconomy in this case includes agriculture, forestry, fisheries, food and pulp and paper production, parts of chemical, biotechnological and energy industries and plays an important role in the EU’s economy. The growth of key industries of bioeconomy – agriculture and forestry – highly depends on an efficient and productive use of land as a production resource. The overall aim of this paper is to evaluate opportunities for development of the main sectors of bioeconomy (agriculture and forestry) in the EU based on the available resources of land. To achieve this aim, several methods were used – monographic, analysis and synthesis, induction and deduction, statistical analysis methods. The findings show that it is possible to improve the use of land in the EU Member States. If all the Member States reached the average EU level, agricultural products worth EUR 77 bln would be annually additionally produced, which is 19 % more than in 2014, and an extra 5 billion m3 volume of forest growing stock would be gained, which is 20 % more than in 2010.

Download Full-text