From Unanimity to Consensus: An Analysis of the Negotiations at the EU's Constitutional Convention

2006 ◽  
Vol 58 (3) ◽  
pp. 413-445 ◽  
Author(s):  
Thomas König ◽  
Jonathan B. Slapin
Keyword(s):  
Status Quo ◽  
Simple Majority ◽  
The European Union ◽  
Constitutional Convention ◽  
Member States ◽  
Voting Rule ◽  
Bargaining Position ◽  
Domestic Constraints ◽  
The Status ◽  
The Eu

In spite of the recent failure of two referendums, the drafting of a constitution for the second biggest economic power in the world, the European Union (EU), remains a major event in the history of European integration. Whether the constitution or a revised version of it will come into force or not, several important questions emerge. How did an increased number of twentyfive member states reach a conclusion, whereas a lower number of fifteen had failed at previous intergovernmental attempts? In particular, how did the constitutional convention differ from previous intergovernmental conferences (iGCs) at which the EU exclusively bargained its treaty documents in the past? How can one explain the outcomes of the convention, which proposes redistribution of power and resources among twenty-five or more member states? This article uses the positions of the delegates of the EU's constitutional convention to examine bargaining in a setting with few formal rules. The authors use theoretical insights from a spatial model and new survey data to determine the implicit voting rule used at the convention. They find that the convention differed from previous IGCs because the convention was governed by consensus, whereas previous EU bargains on treaties had always required unanimous support. The level of consensus was higher than simple majority rule but lower than unanimity. Since this threshold impacted who won and who lost at the convention, the authors also examine the sources of bargaining power, such as delegates' distance to the status quo, distance to the median, population size, and domestic constraints. The results confirm several findings in the EU bargaining and two-level game literature, for example, that actors closer to the status quo hold a stronger bargaining position and that actors from larger member states are neither more likely nor less likely to win at the negotiating table than are actors from smaller states. The findings on the irrelevance of domestic constraints also indicate why the popular votes in France and the Netherlands failed.

Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU

2019 ◽  
Vol 24 (4) ◽  
pp. 711-723
Author(s):  
Michael F Müller
Keyword(s):  
Status Quo ◽  
Eu Law ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Status ◽  
Uniform Solution ◽  
Uniform Law ◽  
The Hague ◽  
Securities Trading ◽  
The Eu

Abstract The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of whether the discussion around the Convention can serve as a lesson for the European Union (EU). It is submitted that neither the status quo of EU law is satisfactory nor does the adoption of the Convention offer a fully convincing solution but that the problem should be targeted at its root: the outdated concept of some national substantive laws in intermediated securities.

In View of Ratification: Governmental Preferences and Domestic Constraints at the Amsterdam Intergovernmental Conference

2002 ◽  
Vol 56 (2) ◽  
pp. 447-476 ◽  
Author(s):  
Simon Hug ◽  
Thomas König
Keyword(s):  
European Union ◽  
Political Parties ◽  
Data Sets ◽  
The European Union ◽  
Member States ◽  
Amsterdam Treaty ◽  
Treaty Negotiations ◽  
Domestic Constraints ◽  
Draft Proposal ◽  
The Eu

The bargaining product of the Amsterdam Intergovernmental Conference—the Amsterdam Treaty—dwindled down the draft proposal to a consensus set of all fifteen member states of the European Union (EU). Using the two-level concept of international bargains, we provide a thorough analysis of how this consensus set was reached by issue subtraction with respect to domestic ratification constraints. Drawing on data sets covering the positions of all negotiating actors and ratifying national political parties, we first highlight the differences in the Amsterdam ratification procedures in the fifteen member states of the EU. This analysis allows us to compare the varying ratification difficulties in each country. Second, our empirical analysis of the treaty negotiations shows that member states excluded half of the Amsterdam bargaining issues to secure a smooth ratification. Because member states with higher domestic ratification constraints performed better in eliminating uncomfortable issues at the Amsterdam Intergovernmental Conference, issue subtraction can be explained by the extent to which the negotiators were constrained by domestic interests.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Status obywatela UE a Europejski Program w zakresie Migracji

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 163-182
Author(s):  
Katarzyna Strąk
Keyword(s):  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Research Material ◽  
Legal Situation ◽  
The Status ◽  
The Subject ◽  
The Impact ◽  
The Eu

Przedmiotem tego artykułu jest próba oceny wpływu Europejskiego programu w zakresie migracji z 2015 r. na status obywatela UE. Ocena ta została zrealizowana w kontekście swobody przemieszczania się na podstawie art. 21 TFUE w dwóch obszarach. Pierwszym z nich jest tymczasowe wprowadzenie kontroli na granicach wewnętrznych państw członkowskich UE, drugim – środki przyjmowane przez państwa członkowskie, związane z utrzymaniem porządku publicznego i bezpieczeństwa publicznego, w tym ochroną przed zagrożeniem terrorystycznym. Materiał badawczy jest jednak stosunkowo nieliczny, ogranicza się do wybranych przepisów Kodeksu Granicznego Schengen i wybranych spraw przed Trybunałem Sprawiedliwości UE, w dalszym ciągu w większości przypadków jeszcze nierozstrzygniętych. Mimo to z analizy tej wynika konkretny wniosek. Przepisy unijne, nawet jeśli faktycznie ograniczają sytuację prawną obywateli unijnych, wpisują się w zakres ograniczeń dopuszczalnych. Rzeczywisty wpływ na ograniczenie praw wynikających z posiadania statusu obywatela UE mają przepisy państw członkowskich. Status of Citizen of the European Union and European Agenda on Migration The subject of this article is to attempt to assess the impact of the 2015 European Agenda on Migration on the status of an EU citizen. This assessment was carried out in the context of freedom of movement under Article 21 TFEU, within two areas. The first one is the temporary introduction of controls at the internal borders of EU Member States, the second one are measures adopted by Member States and related to the maintenance of public order and public security, including protection against the terrorist threat. The research material is however relatively sparse, limited to selected provisions of the Schengen Borders Code and selected cases before the Court of Justice of the EU, still mostly pending. Nonetheless, one conclusion that emerges from this analysis is that EU rules, even if they actually restrict the legal situation of EU citizens, fall within the scope of acceptable restrictions. The real impact on the limitation of the rights attached to the status of EU citizen is in the Member States’ legislation.

The Brexit Referendum and the Crisis of “Extreme Centrism”

2016 ◽  
Vol 17 (S1) ◽  
pp. 131-142 ◽  
Author(s):  
Michael Wikinson
Keyword(s):  
European Union ◽  
Status Quo ◽  
The Political ◽  
The European Union ◽  
The Status ◽  
The Uk ◽  
The Eu

The result of the Brexit referendum sends shockwaves through the political fabric of the UK, Europe and beyond. It is the latest instance in a series of anti-systemic shocks to hit the EU, but will almost certainly not be the last, as discontent with the status quo and a disconnected elite continues unabated across the Continent (and is replicated across the Atlantic), and the European Union provides a convenient target for voters to express their anger and resentment.

Nowa odsłona konfliktu wokół członkostwa Fidesz w EPL w kontekście epidemii koronawirusa

2021 ◽  
Vol 3(164) ◽  
pp. 167-198
Author(s):  
Przemysław Żurawski vel Grajewski
Keyword(s):  
Current Model ◽  
Balance Of Power ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
Low Probability ◽  
Political Scene ◽  
The Eu

The article deals with the latest turn in the conflict over the status of Fidesz in the Christian political family in the European Union (EPP). It includes a presentation of the political scene of the European Parliament after the 2019 elections and Brexit and the play of interests between the factions operating on it, the national parties within them and the EU Member States. The EU political scene has been divided into the camp of continuation of the current model of European integration, the camp of reform – contesting the direction of integration but not the integration itself, and the camp of destruction, wanting the disintegration of the EU. The effects of a possible exit of Fidesz from the EPP were analysed in terms of their impact on the balance of power between the above-mentioned camps, between political families and their factions in the EP, as well as in terms of the interests of national parties and EU Member States. The conclusion is a forecast of a low probability of Fidesz’s removal from the EPP by the end of 2020.

scholarly journals Migration and mobility of third-country national labour workers to and inside Europe during the Covid-19 pandemic – a legal analysis

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Adolfo Sommarribas ◽  
Birte Nienaber
Keyword(s):  
European Union ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Rapid Spread ◽  
The Status ◽  
The Eu ◽  
Third Country Nationals

AbstractThe Covid-19 pandemic took most EU Member States of the European Union by surprise, as they underestimated the rapid spread of the contagion across the continent. The response of the EU Member States was asymmetrical, individualistic and significantly slow. The first measures taken were to close down the internal borders. The response of the European Union was even slower, and it was not until 17th March 2020 that the external borders were closed. These actions affected legal migration into the European Union from four perspectives: it affected 1) the mobility of those third-country nationals who were on a temporary stay in the EU Member States; 2) the entry of third-country nationals to do seasonal work; 3) legal migrants entering and staying; and 4) the status of the third-country nationals already residing in the EU Member States, especially those experiencing a loss of income. This article will deal with the measures taken by the EU Member States to manage the immigration services, as a case study how Luxembourg dealt to avoid that temporary staying migrants and regular migrants fall into irregularity. Finally, we will focus on the vulnerability of third-country nationals with the rising risk of unemployment and the risk of being returned to their country of origin. The article will also analyse access to healthcare and unemployment benefits.

scholarly journals Transposition of the Services Directive and subsidiarity: A view from Galicia

European View ◽  
2019 ◽  
Vol 18 (1) ◽  
pp. 37-44
Author(s):  
Alberto Núñez Feijóo
Keyword(s):  
Status Quo ◽  
Internal Market ◽  
Shared Responsibility ◽  
European Law ◽  
European Regions ◽  
Member States ◽  
Cross Border ◽  
Vested Interests ◽  
The Status ◽  
The Eu

The implementation of the directive on services in the internal market has been a challenge in many parts of the EU. This is particularly true with regard to the interaction between the member states and their public entities, for example, the interaction between the Kingdom of Spain and Galicia. Implementing the directive in Spain required the passage of important legislation, at both the Spanish and Galician levels, and this took several years. Galicia’s experience is particularly interesting since the implementation of the directive had to take into account the community’s cross-border business activities with Portugal. This article argues that European regions, especially those with legislative powers, cannot confine themselves to merely being recipients of matched funding from the EU budget. Instead, they must take shared responsibility and work together as equal collaborators in implementing European law, even where it clashes with the status quo and the vested interests of certain minorities.

scholarly journals ASSESSMENT OF THE EUROPEAN UNION STRUCTURAL ASSISTANCE AUDIT MODEL

Ekonomika ◽  
2011 ◽  
Vol 90 (3) ◽  
pp. 93-103
Author(s):  
Vaclovas Lakis ◽  
Živilė Simonaitytė
Keyword(s):  
European Union ◽  
Critical Assessment ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Auditing Standards ◽  
The Status ◽  
The Eu

The paper covers an analysis and critical assessment of the procedure of selecting the audit model for the European Union structural assistance and elaborates on applicable models. It reviews the authorities of the EU Member States tasked with the performance of the auditing function. The article provides an assessment of the status of the supreme audit institution which acts as a body auditing structural assistance. The conclusion is drawn that in cases when the provisions of different auditing standards differ, regulations of the European Union should specify the particular requirements applicable to the audit.

Reweighting the votes in the council of ministers (double simple majority voting rule and the nice compromise)

2001 ◽  
Vol 10 (4) ◽  
Author(s):  
František Turnovec
Keyword(s):  
Majority Rule ◽  
A Priori ◽  
Majority Voting ◽  
Simple Majority ◽  
Simple Majority Rule ◽  
Member States ◽  
Voting Rule ◽  
Before And After ◽  
Council Of Ministers ◽  
The Eu

In this paper we provide an analysis of the Commission's proposal of so called double simple majority rule (when to pass a decision simple majority of Member States and at the same time simple majority of total population has to be reached) for the voting in the Council of Ministers of the EU. In our evaluation we are using an a priori voting power methodology to measure an influence of the Member States before and after extension of the EU. In the closing part of the paper we shortly compare the double simple majority rule to the compromise approved by the 2000 Nice Summit of the EU.

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