The Political-Institutional Architecture of the European Union

2020 ◽  
pp. 207-232
Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres

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.


Author(s):  
Tracey Raney

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


Südosteuropa ◽  
2020 ◽  
Vol 68 (1) ◽  
pp. 1-24
Author(s):  
Christina Griessler

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.


2010 ◽  
Vol 40 (4) ◽  
pp. 701-713 ◽  
Author(s):  
Philipp Nielsen

Writing the history of a continent is generally a tricky business. If the continent is not even a real continent, but rather ‘a western peninsula of Asia’ (Alexander von Humboldt) without a clear definition of where the continent becomes peninsula, things do not get any easier. Despite these problems there is no dearth of trying. In fact, writing European histories seems to become more fashionable by the year — ironically just as the political and institutional expansion of Europe is losing steam. While the European Union is catching its breath, the historians are catching up. With the first wave of post-Euro and post-big-bang-Enlargement literature written, it is time for the reviewer to survey the landscape — and to provide some guideposts for future exploration.


2010 ◽  
Vol 1 (1) ◽  
pp. 20-30 ◽  
Author(s):  
James Flett

This article reviews the way in which the concept of precaution, as commonly referenced in EU law, is received in the WTO. It argues that precaution is not a principle, but one facet of a principle of making rational judgments based on available information, the other facet of which is “that risk is worth taking”. Systematically pursuing high cost measures in response to low risks is not a balanced approach, and has probably contributed to the scepticism with which the concept is viewed in the WTO. However, this article goes on to argue that, without needing to be a principle, precaution is the determining legal feature in the SPS Agreement, because, unlike in the European Union, there is no legislative harmonisation of SPS measures at international level, WTO Members being free to set their own appropriate level of protection. In fact, the concept of precaution is relevant in the context of many other WTO provisions and is in some respects quite close to the concept of subsidiarity. Notwithstanding this, the first WTO SPS cases, driven by regulatory exporters and an interventionist WTO, have excessively emphasised scientific issues, masking policy judgments that the WTO has neither the legal nor the political authority to sustain. The article concludes that the proper way forward necessitates closer political, legal and administrative links between the WTO and other relevant international organisations, and a move away from consensus in the latter.


2018 ◽  
Vol 15 (1) ◽  
pp. 49-66 ◽  
Author(s):  
William E Scheuerman

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, modes of political illegality (e.g. conscientious objection, resistance, revolution). The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic (postnational) constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of his reformist agenda for the European Union not only breaks with his earlier understandable skepticism about the idea but also risks trimming the admirably ambitious sails of his radical democratic interpretation of civil disobedience.


Author(s):  
Javier Tajadura Tejada

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.


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