scholarly journals The European Union as a demoicracy: Really a third way?

2016 ◽  
Vol 16 (2) ◽  
pp. 210-234 ◽  
Author(s):  
Miriam Ronzoni
Keyword(s):  
European Union ◽  
Specific Form ◽  
Institutional Choice ◽  
The European Union ◽  
Third Way ◽  
Institutional Model ◽  
The Eu ◽  
Do So

Should the EU be a federal union or an intergovernmental forum? Recently, demoicrats have been arguing that there exists a third alternative. The EU should be conceived as a demoicracy, namely a ‘Union of peoples who govern together, but not as one’ (Nicolaïdis). The demoi of Europe recognise that they affect one another’s democratic health, and hence establish a union to guarantee their freedom qua demoi – which most demoicrats cash out as non-domination. This is more than intergovernmentalism, because the demoi govern together on these matters. However, if the union aims at protecting the freedom of the different European demoi, it cannot do so by replacing them with a ‘superdemos’, as federalists want. This paper argues that demoicracy does possess distinctive normative features; it claims, however, that an institutional choice between intergovernmentalism and federalism is necessary. Depending on how we interpret what the non-domination of demoi requires, demoicracy will either ground a specific way of practicing intergovernmentalism or a specific form of federalism. It cannot, however, ground an institutional model which is genuinely alternative to both.

14. Review of Legality:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial Review ◽  
Time Limit ◽  
Access To Justice ◽  
The European Union ◽  
Treaty Provision ◽  
The Eu ◽  
Academic Debate ◽  
Do So

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6).

scholarly journals The European Union–Azerbaijan high-level transport dialogue: A timely reaction to the structural changes?

2021 ◽  
pp. 187936652110545
Author(s):  
Shamkhal Abilov ◽  
Beyrak Hajiyev
Keyword(s):  
European Union ◽  
Structural Changes ◽  
The European Union ◽  
South Caucasus ◽  
Trade Routes ◽  
Transportation Projects ◽  
Rise Of China ◽  
High Level ◽  
The Eu ◽  
Do So

The European Union (EU) and Azerbaijan high-level transport dialogue is the continuation of the long period of cooperation between the EU and Azerbaijan in the area of transport since the early 1990s. The geopolitical and geo-economic maps of Eurasia, the South Caucasus, and the regions around have significantly changed since then thanks to rise of China, India, and other regional actors. These actors in their turn began to initiate competitive logistical and transportation projects to define terms and conditions of the making of Eurasian transport and trade routes. The ultimate goal is to have a share in controlling global flows passing through the strategic spots of Eurasian landmass. The EU’s recent transport dialogue with Azerbaijan reflects and is reaction to those changes that happened in the wider Europe, in Eurasia, and in the globe. This paper tries to place the EU and Azerbaijan transport dialogue to a broader picture to find out what changes conditioned and necessitated the upgraded dialogue between the EU and Azerbaijan. To do so, it traces the EU and Azerbaijan’s transport policies and cooperation since the early 1990s.

scholarly journals A historical and judicial approach on the transformation of the European Communities, the predecessors of the European Union, into an institutional model across the region

2021 ◽  
pp. 19-23
Author(s):  
Mihail Poalelungi ◽  
◽  
Mihai Poalelungi ◽  
Keyword(s):  
European Union ◽  
International Organizations ◽  
Regional Integration ◽  
Regional Cooperation ◽  
The European Union ◽  
European Level ◽  
Broad Area ◽  
Institutional Governance ◽  
Institutional Model ◽  
The Eu

The process of European integration has never followed a clear path and the current EU predecessors had never been by far the only efforts of the regional integration in Europe. Created in the 1950s, the European Communities as today’s EU predecessors, have overdue emerged in a very broad area populated by international organizations and various cooperation institutions. This organization, only by matching economic and political challenges, succeeded in becoming the most important cooperation forum between European states. Although in the early 1950s the Western European states could often choose between various forms of regional cooperation, today the EU is frequently seen as the only available at the European level option and the only model of institutional governance.

European Integration Through Preliminary Rulings? The Case of the Bulgarian Constitutional Court

2015 ◽  
Vol 16 (6) ◽  
pp. 1591-1622
Author(s):  
Mihail Vatsov
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Special Issue ◽  
Constitutional Courts ◽  
Reference Procedure ◽  
Court Of Justice ◽  
The Eu ◽  
Do So

The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) is instrumental for the so-called “judicial dialogue” within the European Union (EU). The goals of the preliminary reference procedure are to ensure the uniform interpretation and application of EU law and to contribute to the harmonious development of the law throughout the EU. It was through the preliminary reference procedure to the Court of Justice of the European Union (CJEU) that the principles of direct effect and supremacy were developed. It took many years before the first request by a Constitutional Court was sent to the CJEU. So far, the Constitutional Courts of Belgium, Austria, Lithuania, Italy, Spain, France, Germany, and most recently Slovenia, have sent requests for preliminary rulings to the CJEU. By far the most active of these in sending requests has been the Belgian Court. The Portuguese Constitutional Court has indicated that it can request preliminary rulings from the CJEU but is yet to do so. In the other Member States (MS) with Constitutional Courts, references have not been sent yet, although worthy occasions in terms of EU-law-related cases have occurred, as also observed in various contributions in this special issue. These MSs include Bulgaria.

scholarly journals Alternative Mechanisms for Funding Research in the European Union

2020 ◽  
Vol 15 (8) ◽  
pp. 203-208
Author(s):  
N. A. Pozhilova
Keyword(s):  
European Union ◽  
Alternative Methods ◽  
The European Union ◽  
Public Attention ◽  
Third Way ◽  
Horizon 2020 ◽  
Research And Innovation ◽  
Capital Financing ◽  
Venture Funding ◽  
The Eu

Today, despite the known scale of European Union grant funding in support of research and innovation, the EU Commission seeks to ensure the use of alternative sources of funding, for example, venture capital financing by collective investment enterprises, including through the creation of a pan-European fund of funds, as well as using such mechanisms like crowdfunding. The paper provides an analysis of three possible promising areas of alternative financing using the current mechanisms of the financial market, which are used on an equal basis both in the EU and in other countries, including an analysis of obtaining funding for projects that received grants under the EU Horizon 2020 Framework Program. The first way is to finance scientific projects thanks to new venture funding mechanisms of the European fund VentureEU, the second is to ensure the attraction of funds through crowdfunding (collective financing), the third way is provided by enterprises entering an IPO. The use of alternative methods of financing makes it possible, on the one hand, to ensure the commercialization of research projects that allow research teams to receive additional remuneration and direct it to further work in the field of research, and on the other hand, to draw public attention to pressing problems of science and technology.

scholarly journals PERANAN UNI EROPA MELALUI PROGRAM IPA (INSTRUMEN PRE-ACCESSION ASSISTANCE) DALAM MEMBANGUN PEREKONOMIAN KOSOVO

2018 ◽  
Vol 2 (2) ◽  
pp. 133-145
Author(s):  
Miranti Purnamasari
Keyword(s):  
European Union ◽  
Descriptive Analysis ◽  
Potential Candidate ◽  
The European Union ◽  
Economic Growth And Development ◽  
Analysis Techniques ◽  
Balkan Region ◽  
Set Up ◽  
The Eu ◽  
Do So

The problem of this research is how the European Union is a regional organization that is in the European region, has a policy of enlargement, which is a policy where the EU is trying to expand the area of cooperation to do so will be more extensive. Balkan region did not escape the attention of Europe. for this region, the European Union issued a Stabilisation and Association Process (SAP) which merupaka a policy that contains the promise of the EU to the Western Balkan countries for the opportunity to become a member. That's why Kosovo had finally become part of the SAP. After becoming a part of SAP, Kosovo received assistance from the EU as a potential candidate candidate. Program assistance provided by the EU is the IPA program which is a program set up to create a single framework to assist candidate countries and potential countries to join the EU premises. Through this IPA, the EU provides financial assistance to Kosovo to build its economy. This type of research is qualitative. The method used is descriptive analysis techniques. Most of the data collected through literature, as well as the search website. The results of this study indicate that the funds provided by the European Union through the IPA program provided through economy of Kosovo has been quite successful with demonstrated through improvements to the economy of Kosovo, the provision of this assistance has resulted in significant improvements in economic growth and development of Kosovo.

Le Agenzie dell’Unione Europea. Profili istituzionali e tendenze evolutive (The Agencies of the European Union. Institutional Profiles and Evolutionary Tendencies), by Vincenzo Salvatore. Pavia, Italy: Jean Monnet Centre of Pavia, University of Pavia, 2011, available on the Internet at .

2011 ◽  
Vol 2 (4) ◽  
pp. 626-627
Author(s):  
Mariachiara Alberton
Keyword(s):  
European Union ◽  
Legal Issues ◽  
The Internet ◽  
The European Union ◽  
Integration Process ◽  
Eu Integration ◽  
Future Challenges ◽  
Institutional Model ◽  
Delegation Of Powers ◽  
The Eu

This book, coordinated and supervised by Prof. Vincenzo Salvatore, is part of the output of the workshop organized by the Università dell’Insubria in Varese in November 2010 which gathered legal and economic scholars and experts of EU Institutions with the aim of presenting and discussing present problems and future challenges of the EU agencies. The diverse set of perspectives contained in the book contributes significantly to rethink the role and nature of the EU agency institutional model, by pointing out some of the most relevant legal issues such as the delegation of powers and the lack of homogeneity of the model, which reflect features and peculiarities of the EU integration process.

scholarly journals The Inclusion of Shipping in the EU Emission Trading Scheme: A Legal Analysis in the light of Public International Law

10.17345/1286 ◽  
2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Daniel Pérez Rodríguez
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Public International Law ◽  
Trading Scheme ◽  
The Eu ◽  
Do So

After regulating Greenhouse Gas emissions from air transport, the European Union is now contemplating taking action on emissions from the shipping sector. In order to do so, the European Commission carried out a public consultation process between January and April 2012. This article analyses the legal problems that would arise, in the light of Public International Law, should the European Union decide to follow the path of aviation and include shipping under the European Emission Trading Scheme (ETS). To do so, the focus will be placed on six different normative bodies of international law: (1) the United Nations Framework Convention on Climate Change and the Kyoto Protocol;(2) the MARPOL Convention; (3) the United Nations Convention on the Law of the Sea; (4) the General Agreement on Tariffs and Trade and the General Agreement on Trade of Services; (5) the principle of sovereignty over maritime areas; and (6) the bilateral agreements ratified by the EU containing clauses on maritime transport. The structure of each of the six normative bodies will be as follows: international commitments under each international norm, possibility of enforcement before tribunals and analysis of the legality of the EU measure in relation to that norm.

The European Union’s global strategy: Complementarity and specialization

2019 ◽  
Vol 18 (3) ◽  
pp. 359-383 ◽  
Author(s):  
Luís Barroso ◽  
Marco Cruz
Keyword(s):  
European Union ◽  
Global Strategy ◽  
Grand Strategy ◽  
The European Union ◽  
Member States ◽  
Classical Means ◽  
Strategic Autonomy ◽  
The Military ◽  
The Eu ◽  
Do So

As a grand strategy, European Union Global Strategy (EUGS) is a roadmap to convert the European Union (EU) in a key strategic actor. The evidence of some conceptual vulnerabilities, particularly the EU lack of classical means and strategic autonomy, limits its implementation. Thus, this article aims to find some relevant actions that the EU needs to put in place to enhance her global image as a credible and specialized actor where the power of her strategic partners, as NATO and United Sates, need to be complemented. To that effect, first, the EU must demonstrate leadership and mobilize the support of member states to carry out its strategy. Second, it must leverage its strategic autonomy by intervening in crises and conflicts where the military means are not the most important. Third, it must focus on preventing or solving the problems in the EU’s neighbourhood as it will suffer direct repercussions if it fails to do so. Implementing the EUGS will require a generic but encompassing grand strategy concept; to communicate its achievements through annual reviews, laying a foundation upon which the EU can build its internal and external credibility, providing it with the strategic autonomy it so direly needs. Finally, the EU must invest on Europeanization processes by ‘transforming’ societies through the ‘global’ application of EU instruments.

scholarly journals (De-)legitimating Differentiated (dis)integration in the European Union: Between Technocratic and Populist Narratives

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Agnieszka Cianciara
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Status Quo ◽  
The European Union ◽  
Political Actors ◽  
The United Kingdom ◽  
Differentiated Integration ◽  
Shed Light ◽  
The Eu ◽  
Do So

Differentiated integration and disintegration are considered key processes of the European project’s dynamics. Opt-outs and disintegration pressures are typically associated with laggards or proponents of ‘less Europe’ who do not wish to integrate further, but prefer to maintain status quo or take a step back. However, differentiation also serves the needs of champions of ‘more Europe’ who wish to move forward despite lack of unanimous support to do so. Both types of claims are constantly justified and contested as they constitute a deviation from a more traditional and uniform way of ‘doing integration’ in Europe. This article aims to deal with the differentiation/legitimation nexus in the EU and shed light on the politics of differentiation, while empirically examining legitimating and de-legitimating practices of differentiation as revealed in technocratic and populist narratives produced by major political actors in France, Poland and the United Kingdom. The article highlights flexible and complementary usages of both populist and technocratic narratives that allow to (de-)legitimate differentiation in line with domestic political agendas.

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