scholarly journals How Smallness Fosters Clientelism: A Case Study of Malta

2019 ◽  
Vol 67 (4) ◽  
pp. 1034-1052 ◽  
Author(s):  
Wouter Veenendaal
Keyword(s):  
European Union ◽  
Member State ◽  
Political Life ◽  
The European Union ◽  
Face To Face ◽  
High Turnout ◽  
State Size ◽  
The Relationship

While it has long been assumed that smaller communities are more prone to particularistic politics, the relationship between state size and clientelism remains strongly undertheorized. Departing from the assumption that face-to-face contacts, overlapping role relations, stronger monitoring mechanisms, and the enhanced power of single votes contribute to the emergence of patron–client linkages, this article provides an in-depth case study of clientelism in Malta, the smallest member state of the European Union. The analysis reveals not only that patron–client linkages are a ubiquitous feature of political life in Malta, but also that the smallness of Malta strongly affects the functioning of clientelism by eliminating the need for brokers and enhancing the power of clients versus patrons. In addition, clientelism is found to be related to several other characteristics of Maltese politics, among which the sharp polarization between parties, extremely high turnout rates, profound executive dominance, and the incidence of corruption scandals.

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.

Twenty Years of CJEU Jurisprudence on Citizenship

2014 ◽  
Vol 15 (5) ◽  
pp. 821-834
Author(s):  
Prof. Dr. Gerard-René de Groot ◽  
Ngo Chun Luk
Keyword(s):  
European Union ◽  
Member State ◽  
Symbiotic Relationship ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Constant Friction ◽  
Union Citizenship ◽  
History Of ◽  
The Relationship

The history of the European Union has been fraught with constant friction between the sovereignty of the Member States and the supranational powers of the Union, with the Union gaining terrain in fields of law traditionally belonging to the Member States. Despite this tension, certain legal fields are steadfastly asserted as belonging to the Member States. Notably, Member States regulate the grounds of the acquisition and loss of nationality. The Treaty of Lisbon highlights that the nationality of Member States is scarcely governed by European Union law, if at all. The sole provision governing the relationship between Member State nationality and Union law, i.e., Article 20 of the Treaty on the Functioning of the European Union (TFEU) stresses the primacy of Member State nationality.Reality, however, is often not as simple as such a cursory reading implies. European Union citizenship, once a mere complementary facet of the national citizenships, has transformed into an institution in its own right, forming a symbiotic relationship between the Member State nationality and the European Union.

Defending core values: Human rights and the extradition of fugitives

2020 ◽  
Vol 57 (4) ◽  
pp. 581-596
Author(s):  
Asif Efrat ◽  
Abraham L Newman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The United States ◽  
Core Values ◽  
Political Resistance ◽  
Theoretical Expectation ◽  
The European Union ◽  
Human Rights Abuse ◽  
The Relationship

Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime.

15. Harmonisation

2020 ◽  
pp. 340-357
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Member State ◽  
Mutual Recognition ◽  
Internal Market ◽  
The European Union ◽  
Individual Action ◽  
Member States ◽  
General Power ◽  
The Relationship

This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union (EU). It explains the degree of variation amongst negative, positive, total and minimum harmonisation. It considers the relationship between mutual recognition and harmonisation and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields and Member State competence. It evaluates the scope of the EU’s power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU).

9. EU law

2020 ◽  
pp. 202-225
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Member State ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
The Uk ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts, and concludes by considering the likely enduring impact of EU law even after the UK has ceased to be a member state.

1. The European Union and its Member States: An Overview

2012 ◽  
Author(s):  
Simon Bulmer ◽  
Christian Lequesne
Keyword(s):  
European Union ◽  
Member State ◽  
Domestic Politics ◽  
The European Union ◽  
Member States ◽  
The Relationship ◽  
The Eu

This chapter provides an overview of the European Union and its member states. It first explains why the member states matter in the EU before discussing the role of member states in the EU, with particular emphasis on three approaches to understanding member state-EU relations: intergovernmentalism, institutionalism, and governance approaches. It then examines the Europeanization of the member states as well as the domestic politics approach, which claims that it is impossible to understand the EU without considering domestic politics. It concludes by presenting the logic and structure of this volume: how the relationship between the EU and its member states will be portrayed in the chapters that follow.

The European Union–West African sea border: Anti-immigration strategies and territoriality

2016 ◽  
Vol 24 (2) ◽  
pp. 209-224 ◽  
Author(s):  
Luna Vives
Keyword(s):  
European Union ◽  
Secondary Data ◽  
West African ◽  
The European Union ◽  
Temporary Migration ◽  
Preventative Measures ◽  
Migration Control ◽  
The Relationship ◽  
The Eu

The fight against unwanted sea migration in Southern Europe has triggered the territorial redefinition of European Union (EU) borders and transformed the relationship between sending and receiving countries in the region. This paper focuses on the strategies that the EU and Spain adopted to seal the maritime border around the Canary Islands between 2005 and 2010. According to the primary and secondary data used here, the closure of the Atlantic route that happened in this period was the result of the combination of defensive and preventative measures along and beyond this section of the EU border. Initiatives aimed at promoting economic development, creating jobs at origin, and temporary migration programs paved the way for cooperation among governments, thus making possible the deployment of military resources along the border, the return/deportation of unwanted EU-bound migrants, and the externalization of migration control responsibilities. Cooperation and the mixture of proactive and reactive initiatives seen in this case study are likely to become the hallmark of a new kind of global anti-immigration border that extends beyond the territory of the state.

1. The European Union and its Member States: An Overview

2020 ◽  
pp. 1-24
Author(s):  
Simon Bulmer ◽  
Christian Lequesne
Keyword(s):  
European Union ◽  
Member State ◽  
Domestic Politics ◽  
The European Union ◽  
Member States ◽  
The Relationship ◽  
The Eu

This chapter provides an overview of the European Union and its member states. It first explains why the member states matter in the EU before discussing the role of member states in the EU, with particular emphasis on three approaches to understanding member state–EU relations: intergovernmentalism, institutionalism, and governance approaches. It then examines the Europeanization of the member states as well as the revival of domestic politics approaches, which claim that it is impossible to understand the EU in light of its politicization during the 2010s. It concludes by presenting the logic and structure of this volume: how the relationship between the EU and its member states will be portrayed in the chapters that follow.

scholarly journals Termites of Solidarity in the House of Austerity: Undermining Fiscal Governance in the European Union

2020 ◽  
Author(s):  
Scott L. Greer ◽  
Eleanor Brooks
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
New Governance ◽  
Medical School Admissions ◽  
Documentary Analysis ◽  
Key Techniques ◽  
Governance Architecture

Abstract European Union (EU) fiscal governance, especially the European Semester, is an ambitious new governance architecture involving surveillance and discipline, across both Eurozone and non-Eurozone member state policies, in pursuit of fiscal rigor. It is the most recent of several attempts to expand EU powers over member state policy with the goal of austere budgeting, and one that has led to remarkable claims of authority by the European Union over member state health policies as detailed as medical school admissions and the role of primary care. It is expected that it would be resisted not just by those who object to an EU role in the organization and delivery of health care but also by those who object to a particular austere approach to health policy. How well is it working? Using two waves of interviews and documentary analysis, and health as a policy case study, the authors document three key techniques that opponents use to undermine the semester's governance architecture: broadening goals, expanding the scope of conflict, and disputing and nuancing indicators. The result is that opponents of a narrow fiscal governance agenda are again successfully undermining the narrow focus of the semester.

6 Responsibility, 6.5 Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland , App. No. 45036/98, European Court of Human Rights, 30 June 2005

2016 ◽  
Author(s):  
Lock Tobias
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
International Organization ◽  
European Court Of Justice ◽  
The European Union ◽  
Concrete Case ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship

In Bosphorus the ECtHR introduced the so-called Bosphorus presumption: if a member state of an international organization acted in compliance with an obligation arising from its membership and had no discretion, there is a rebuttable presumption that the member state has complied with its obligations under the ECHR provided that the organization itself ensures a protection of fundamental rights equivalent to what the Convention requires. The Court considered that the European Union met this test. If an organization provides equivalent protection, the presumption can be rebutted, but only if this protection was manifestly deficient in the concrete case. By formulating the presumption the ECtHR showed a great deal of respect for the European Court of Justice and placed the relationship between the two European courts on relatively solid ground. A number of questions remain, however.

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