scholarly journals EU–Turkey relations need an honest new start

European View ◽  
2018 ◽  
Vol 17 (1) ◽  
pp. 52-57
Author(s):  
Manfred Weber
Keyword(s):  
Rule Of Law ◽  
Humanitarian Aid ◽  
Refugee Crisis ◽  
Fundamental Interest ◽  
The Rule Of Law ◽  
Eu Membership ◽  
Joint Solution ◽  
The Common ◽  
The Eu

The EU has a fundamental interest in having a constructive relationship with Turkey. However, the EU–Turkey relationship has become strained over recent years. This is why EU–Turkey relations need a new start, based on honesty about the long-term goal: EU membership is not an option for Turkey. Instead, the EU and Turkey should focus on concrete fields of cooperation. Humanitarian aid in the refugee crisis is a good example of a field in which a joint solution has been successful, as is the protection of the common external border. More joint action from the EU and Turkey is needed as regards the situation in Syria and Iraq. Turkey must overcome its democratic shortcomings. Further economic cooperation will depend on the application of the rule of law in Turkey.

Central and Eastern Europe: The New Core or the Periphery of Europe?

2020 ◽  
pp. 162-181
Author(s):  
Ireneusz Paweł Karolewski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Central And Eastern Europe ◽  
Domestic Politics ◽  
Eastern European ◽  
Refugee Crisis ◽  
The Rule Of Law ◽  
Policy Fields ◽  
Visegrad Group ◽  
The Eu

This chapter focuses on Central and Eastern European (CEE) member states of the EU, and how they positioned themselves in the new constellation of conflicts within the EU in the aftermath of the multiple crisis. It deals mainly with the Visegrad Group (V4) and explores its ‘repositioning’ in regard to two crisis-ridden policy fields of the EU: controversies about the rule of law and the refugee crisis. With regard to the former issue, the chapter discusses Poland as the most prominent case among the CEE countries. Against this background, it highlights two specific aspects of domestic politics: the memory games that the V4 countries play with their past and the Euroscepticism of government circles as well as a broader public.

Poland-EU constitutional crisis will not end soon

2016 ◽  
Keyword(s):  
Economic Growth ◽  
European Commission ◽  
Rule Of Law ◽  
Content Type ◽  
The Rule Of Law ◽  
Constitutional Tribunal ◽  
The Government ◽  
Polish Government ◽  
The Eu

Subject European Commission concerns about the rule of law in Poland. Significance The Commission has sent a formal Opinion to the Polish government, activating the first stage in the EU's 'Rule of Law Framework'. It expresses concerns about respect for the rule of law in Poland (a fundamental founding value of the EU), and in particular about the Polish government's handling of the crisis over the Constitutional Tribunal (TK, for Trybunał Konstytucyjny) Impacts Poland's EU position is likely to suffer as a result of the dispute, making it more difficult for it to achieve other political goals. Polish politics will remain unsettled and polarised, with the opposition using the Commission's Opinion to challenge the government. Legal uncertainty may translate into lower investment by individuals and enterprises dampening economic growth in the medium-to-long term.

2. Membership: Crisis, Conceptions and Challenges

EU Law ◽  
2020 ◽  
pp. 34-60
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Rule Of Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Membership ◽  
Article 50 ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers two important issues that have affected the EU in recent years: Brexit and the rule of law crisis. These issues are explored in the context of the considerations they raise about EU membership and resulting obligations. The discussion of Brexit covers the UK referendum and ensuing debate, Article 50 TEU, and the relevant Treaty provisions. It explores what the Brexit negotiations tell us more broadly about the EU, and describes the Withdrawal Agreement and Political Declaration. The second half of the chapter is concerned with the rule of law crisis: the Treaty framework and membership obligations that flow therefrom, the problem posed by ‘rule of law backsliding’ by some Member States, and the different ways in which the EU has responded to this ‘backsliding’.

II. WHOSE RULE OF LAW? AN ANALYSIS OF THE UK'S DECISION NOT TO OPT-IN TO THE EU ASYLUM PROCEDURES AND RECEPTION CONDITIONS DIRECTIVES

2011 ◽  
Vol 60 (4) ◽  
pp. 1055-1064 ◽  
Author(s):  
Justine N Stefanelli
Keyword(s):  
Rule Of Law ◽  
Asylum Seekers ◽  
Legal Framework ◽  
The European Union ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
Common European Asylum System ◽  
The Common ◽  
The Uk ◽  
The Eu

The United Kingdom (‘UK’) has indicated its intention not to opt-in to two proposals from the European Commission aimed at further developing the Common European Asylum System through the replacement of existing instruments on asylum procedures and reception conditions. The purpose of the European Union (‘EU’) amendment process is to establish rules that more closely align the legal framework for asylum in the Member States so that asylum seekers receive the same higher standard of treatment in any Member State in which they choose to make their application, and to address criticism that the Directives are incompatible with human rights obligations. The UK asserts that its asylum procedures satisfy the standards imposed by its obligations under international and European law, and does not view further harmonization of asylum matters at EU level as necessary or appropriate. Its decision not to opt-in raises issues regarding sovereignty, subsidiarity, the rule of law and European integration. This article will explore these issues, as well as provide an overview of select provisions from the proposals in light of UK asylum policy.

scholarly journals Ascertaining the ‘Guarantee of Guarantees’: Recent Developments Regarding the Infringement Procedure in the EU’s Rule of Law Crisis

2021 ◽  
pp. 207-236
Author(s):  
Matthias Schmidt ◽  
Piotr Bogdanowicz
Keyword(s):  
Rule Of Law ◽  
Critical Assessment ◽  
Fundamental Rights ◽  
Close Reading ◽  
Eu Law ◽  
The Rule Of Law ◽  
Recent Developments ◽  
Charter Of Fundamental Rights ◽  
The Common ◽  
The Eu

AbstractThis chapter builds on an assessment of infringement proceedings in the EU rule of law crisis that we previously published in the Common Market Law Review. We offer a close reading of two recent prominent infringement cases by the European Commission against Poland (cases C-619/18 and C-192/18). Noteworthy advancements in EU law made with them are in particular a clarification on the parallel use of Articles 7 TEU and 258 TFEU, the use of both interim relief and an expedited procedure prior to the judgment, and, as regards the merits, further substance for the functioning of Articles 19 TEU and 47 of the EU Charter of Fundamental Rights regarding the operationalisation of the rule of law in EU law. We offer a critical assessment of the Court’s findings and contextualise in light of two Commission communications on the rule of law published in 2019.

2. Membership: Crisis, Conceptions and Challenges

EU Law ◽  
2020 ◽  
pp. 32-58
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Rule Of Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Membership ◽  
Article 50 ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers two important issues that have affected the EU in recent years: Brexit and the rule of law crisis. These issues are explored in the context of the considerations they raise about EU membership and resulting obligations. The discussion of Brexit covers the UK referendum and ensuing debate, Article 50 TEU, and the relevant Treaty provisions. It explores what the Brexit negotiations tell us more broadly about the EU, and describes the Withdrawal Agreement and Political Declaration. The second half of the chapter is concerned with the rule of law crisis: the Treaty framework and membership obligations that flow therefrom, the problem posed by ‘rule of law backsliding’ by some Member States, and the different ways in which the EU has responded to this ‘backsliding’.

Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them

2017 ◽  
Author(s):  
Zoltán Szente
Keyword(s):  
Rule Of Law ◽  
Eu Law ◽  
Value System ◽  
Institutional Adaptation ◽  
The Rule Of Law ◽  
New Period ◽  
Legal Harmonization ◽  
The Eu ◽  
Constitutional Changes

This chapter investigates Hungary’s non-compliance problems and the insights these can provide into the relations between the EU and Hungary. Since 2010 there has been a new period in these relations—the Hungarian constitutional changes have challenged the EU, testing its capacity and ability to protect the Rule of Law in the Member States. This situation stands in contrast to Hungary’s legal harmonization and institutional adaptation to EU requirements prior to 2010. Now, when the challenge from the inside—that is, from a Member State—to the democratic value system of the community is significantly greater than ever, the EU faces an unexpected obstacle. To work out an effective and long-term solution to a situation which has never occurred before, the chapter examines the problem in greater detail—in particular whether it threatens the foundations of EU law as a whole.

scholarly journals An Emerging Key Concept in European Constitutional Law: Sustainability

2021 ◽  
Vol 60 (4) ◽  
pp. 332-365
Author(s):  
András Jakab
Keyword(s):  
Rule Of Law ◽  
Constitutional Law ◽  
Special Focus ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Set Up ◽  
Sustainability Challenges ◽  
The Eu

Sustainability, as comp ared to the rule of law, human rights, sovereignty or democracy, is a relatively new constitutional key concept. It is mentioned explicitly more and more in constitutional discourses, and – even more importantly – it helps to reconstruct a number of current constitutional debates under one conceptual umbrella. Sustainability comprises different responses to long term social challenges which cannot efficiently be responded to via democratic mechanisms. Democratic mechanisms are based on election terms and which are, consequently, structurally short-sighted. By ‘European constitutional law’, I mean in this paper both the primary law of the EU and domestic constitutional documents. In the present paper is am first going to sketch the nature and the types of the sustainability challenges that contemporary societies face, with a special focus on Europe (environmental, demographic and financial). In the main part of the paper, I am going to show possible constitutional responses to these challenges. Finally, I will summarise the main argument of the paper which is a suggestion to set up an economic constitutional court consisting of economists with the power to annul laws if these contradict the principles of sustainability.

The end goal of the post-communist transition in Bulgaria: societal transformation or EU membership?

2020 ◽  
pp. 79-94
Author(s):  
Lubomira Popova
Keyword(s):  
Eastern European ◽  
The European Union ◽  
Societal Transformation ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Eu Membership ◽  
Eastern European Countries ◽  
The Cold War ◽  
The Eu

The end of the Cold War resulted in an unprecedented geopolitical situation in Europe, presenting a challenge to the security in the continent and the integration achieved so far. The only solution to this geopolitical problem was the integration of the post-communist Central and Eastern European countries (CEE) into the European Union (EU). The CEE countries therefore had to undergo deep societal reforms, while simultaneously pursuing a new foreign policy agenda away from the orbits of Russia. The EU was perceived as a solution to all existing problems. The results of the research conducted in Bulgaria, presented in this article, demonstrate that preparation for meeting the membership criteria which on the surface seemed to correspond to the aims of the transition, substituted the due structural reform. Thus, the EU accession instead of being an instrument for achieving sustainable long-term goals, became an end goal in itself, as if it would be an international testimony of a successful transition. The reforms carried out became a formality, were partial and superficial, and therefore reversible. As a result, the rule of law is deteriorating, and we can observe a facade democracy.

scholarly journals The EU Concept of the Rule of Law and the Procedures de lege lata and de lege ferenda for its Protection

2019 ◽  
Vol 19 (2) ◽  
pp. 116-130
Author(s):  
Naděžda Šišková
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Substantial Part ◽  
The European Union ◽  
Future Prospects ◽  
The Rule Of Law ◽  
European Values ◽  
The Common ◽  
The Eu

Summary The article is dealing with the EU current and future intruments for the protection of the rule of law principles at the level of the European Union. The beginning is dedicated to the EU concept of the rule of law as an integral part of the Common European values and its significant for the smooth functioning of the area of freedom, security and justice. The substantial part of the study is focusing of the analysis of different procedures (infringement, political and administrative), which can be used for the protection of the rule of law principles, including highlighting their certain peculiarities and the limits. The end of the article contains the conclusions about future prospects.

Sign in / Sign up

Export Citation Format

Share Document