Principle of Subsidiarity and the EU Environmental Policy

2012 ◽  
Vol 9 (1) ◽  
pp. 63-70 ◽  
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Fundamental Principle ◽  
Maastricht Treaty ◽  
The European Union ◽  
Environmental Legislation ◽  
Member States ◽  
Single European Act ◽  
The Eu

The principle of subsidiarity is a fundamental principle of the European Union. It has first been introduced in the field of environmental policy by the Single European Act in 1987 and extended to all fields of shared competencies by the Maastricht treaty in 1992. Since then much has been done to operationalize the principle, and subsidiarity has received increasing attention by the Union’s institutions and Member States. The following contribution provides a brief appraisal of the role of the principle and of how it has influenced environmental legislation, so far.

Regionalist Parties and the European Union

2020 ◽  
Author(s):  
Emanuele Massetti ◽  
Arjan H. Schakel
Keyword(s):  
European Union ◽  
European Integration ◽  
Political System ◽  
Maastricht Treaty ◽  
Multilevel Governance ◽  
The European Union ◽  
Member States ◽  
Political Actors ◽  
The Eu

Regionalist parties are political actors that emphasize distinct ethno-territorial identities and interests vis-à-vis those of the entire state, advocating some forms of territorially based self-government in a view to protect, give voice to, and enhance those identities and interests. The tense relationships that these political actors often have with the central institutions leads them, in the European Union (EU) context, to identify the EU as a potential ally in their struggle against the state. Indeed, the EU system of multilevel governance, in which regional governments have obtained a considerable role, is also the result of a combined effect of regionalist parties’ pressure on member states from below and the process of European integration creating a favorable political framework from above. This putative alliance was celebrated, during the 1980s and 1990s, with the Maastricht Treaty representing a pivotal moment for the launch of the vision of a “Europe of the Regions.” However, the EU constitutional reforms of the 2000s (from the Treaty of Nice to the Treaty of Lisbon) fell rather short vis-à-vis regionalist claims, revealing the “illusionary character” of the “Europe of the Regions” idea. Since then, attempts to achieve “Independence in Europe” (through “internal enlargement”) have intensified in regions governed by strong and radical regionalist parties, such as in Catalonia and Scotland. These secessionist attempts have added further strain to an already under-stress EU political system. Indeed, far from acting as an ally of regionalist forces, the EU appears to have straddled between the role of a neutral observer and a supporter of member states’ territorial integrity.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

MIGRATION TRAFFIC AND PROTECTION OF EXTERNAL BORDERS THE EUROPEAN UNION

2020 ◽  
Vol XIV ◽  
pp. 1-2
Author(s):  
Beata Błażejewska ◽  
ZBIGNIEW CIEKANOWSKI
Keyword(s):  
European Union ◽  
Traffic Management ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
Member States ◽  
The Eu

The study analyzes the management of the borders of the European Union as a factor having a significant impact on improving the security of Member States. Legal regulations regulating the external borders of the Schengen Group, treated as land and sea borders as well as airports and seaports of the parties to the Schengen Convention are indicated, provided that these borders are not external borders that formally form borders. The role of entities supporting border traffic management in the European Union is described. In addition, an analysis of documented attempts to illegally cross the external borders of the EU and the borders of countries associated with the Schengen area between border control visits was made, indicating potential threats in this area.

Environmental Inspections at the EU: The imperative to move forward

elni Review ◽  
2009 ◽  
pp. 79-82
Author(s):  
Ana Barreira
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
European Commission ◽  
Current Status ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
European Institutions ◽  
The Eu ◽  
The Way

The European Commission has recognised that “[l]aws do not serve their full purpose unless they are properly applied and enforced”. In addition “[t]he European Institutions and the Member States should continue to develop their work to ensure that Community law is correctly applied and implemented”. There are diverse tools for guaranteeing compliance such as compliance indicators, compliance and enforcement strategies and environmental inspections, the purpose of which is to supervise compliance. This article focuses on the latter. Firstly, the way in which this instrument was incorporated under Community environmental policy is examined. Secondly, the current status of environmental inspections at EU level is briefly analysed. Thereafter, it will concentrate on the proposals for the review of this tool, ending with some recommendations on how environmental inspections should be regulated in the European Union with a focus on the demands of European Environmental Bureau (EEB) on this matter.

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

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.

Subsidiarity as a Subject of Battle in European Union Politics

2020 ◽  
Author(s):  
Kees van Kersbergen ◽  
Bertjan Verbeek
Keyword(s):  
European Union ◽  
Power Relations ◽  
Political Process ◽  
Maastricht Treaty ◽  
Lisbon Treaty ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Over Time ◽  
The Eu

Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.

The European Union security policy

2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
The European Union ◽  
Member States ◽  
The World ◽  
Foreign And Security Policy ◽  
Institutional Mechanism ◽  
The Eu

Problem setting. In spite of the presence of numerous conventions, treaties and organizations in the world today, the issue of security is still a very acute issue for the world community. There are many reasons for this: the presence of nuclear powers, serious disputes between countries that are justly considered world leaders, the existence of numerous local conflicts and wars of a more global nature across the globe. These and other factors are pushing states around the world to allocate budget funds to ensure effective security policies. Given today’s realities, one can trace the tendency of several countries to pool their own efforts and resources to pursue a common security policy. The European Union is one of the clearest examples of this behavior. This intergovernmental organization is committed to maintaining peace, diplomacy, trade and development around the world. The EU also promotes cooperation with neighboring countries through the European Neighborhood Policy. Target research. The aim of the research is to study the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. Analysis of recent research and publication. Many domestic and foreign scholars, including B. Tonro, T. Christiansen, S. Morsch, G. Mackenstein, and others. The institutional basis of foreign and security policy is analyzed in detail by J. Peterson, questions related to the European Union’s security policy. M. Shackleton. K. Gill, M. Smith and others study the general features of the development of a common EU security policy. Some contribution to the study of various problems related to European and Euro-Atlantic integration has been made by such national scientists as V. Govorukh, I. Gritsyak, G. Nemyrya, L. Prokopenko, O. Rudik, V. Streltsov, O. Tragniuk, I. Shumlyaeva, I. Yakovyuk and others. Article’s main body. The article examines the emergence and development of the European Union’s security policy from the date of the Brussels Covenant to the present. Particular attention is paid to the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. A study of the officially adopted five-year global foreign and security policy of the EU is being done to improve stability in Europe and beyond, analyzing EU conflict resolution and crisis management activities. Conclusions and prospect of development. In view of the above, it can be concluded that the EU’s foreign and security policy institutional framework is an extensive system in which all the constituencies are endowed with a certain range of general and specific powers and are called upon to cooperate with one another to achieve a common goal. It cannot be said that such close cooperation puts pressure on Member States. Yes, a Member State has the right to refrain from voting for any decision that requires unanimity and such abstention will not prevent the above decision being taken. In this case, the mechanism of so-called “constructive retention” is triggered: the abstaining country is not obliged to comply with the decision, however, accepts the fact that it is binding on other Member States and takes this into account when concluding treaties, which should not contradict the said decision.

Fairness

2020 ◽  
pp. 194-216
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
Distributive Justice ◽  
Fundamental Principle ◽  
Corrective Justice ◽  
Legal Interpretation ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Court Of Justice ◽  
The Eu

This chapter argues that fairness is a fundamental principle of the EU treaties. It means that under the EU treaties obligations of solidarity from one state to another are real. Their rationale, however, is not one of fair distribution. States may seek redress for unfairness on the basis of a conception of corrective, not distributive justice. Solidarity in the European Union is a matter of bilateral corrective justice, which informs the established treaties and gives them meaning. This is not just a moral interpretation, but also a legal interpretation, manifested not only in the practice of the member states but also in the judgments of the Court of Justice. Fairness, understood as justice in cooperation, is the third fundamental principle of the European Union as a Union of Peoples.

Providing for European-Level Diplomacy after Lisbon: The Case of the European External Action Service

2009 ◽  
Vol 4 (2) ◽  
pp. 211-233 ◽  
Author(s):  
Simon Duke
Keyword(s):  
European Union ◽  
External Action ◽  
Lisbon Treaty ◽  
The European Union ◽  
European Level ◽  
Special Issue ◽  
Member States ◽  
External Relations ◽  
The Eu

AbstractThe Lisbon Treaty may well be on ice, may perhaps even be moribund, but there remain compelling reasons to think through the identified shortcomings of the European Union in external relations. Many of the innovations in the area of external relations that are contained in the treaty are dependent upon ratification by the EU's member states, but some are not; the European External Action Service (EEAS) falls into the latter category. Although the actual implementation of the EEAS will face formidable hurdles, as has been outlined in this contribution, the exercise of thinking through these challenges is essential if the EU and its members are to begin grappling with many of the issues examined in this special issue — ranging from the role of national diplomats in today's world to the successful pursuit of structural diplomacy and the effectiveness of the EU in multilateral organizations.

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