scholarly journals Conditions for Initiating the Procedure of Poland’s Withdrawal from the European Union

2020 ◽  
pp. 215-226
Author(s):  
Cezary Trosiak
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Parliamentary Elections ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
Sequence Of Events ◽  
European Institutions ◽  
The One ◽  
Polish Government

Polexit is a concept that emerged in the political science discourse when the United Kingdom held a referendum on its continued membership of the European Union on June 26, 2016. The article analyzes the reasons which facilitate a discussion on the withdrawal of Poland from the European Union. On the one hand, this results from disputes on the direction of the evolution of the European project between ‘old’ and ‘new’ member states. On the other, its intensity is affected by the dynamics of the dispute between the Polish government and the European Commission on the state of the rule of law in Poland. For supporters of a change in relations between European institutions and member states, the European parliamentary elections offered an opportunity of starting a discussion on the change of treaties. However, due to the fact that proponents of treaty changes failed to win the appropriate number of seats, the vision of an EU of ‘two speeds’ is becoming realistic. This may mark the beginning of a sequence of events concluded with a referendum on the withdrawal of Poland from the European Union.

scholarly journals COVID-19 AND EUROPEAN UNION – THE ANSWER TO THE HEALTH CRISIS AS A WAY FOR RESUMING THE PROCESS OF EUROPEAN INTEGRATION

2020 ◽  
Vol 2 (2) ◽  
pp. 66-116
Author(s):  
Stelio Mangiameli
Keyword(s):  
European Union ◽  
Economic Consequences ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Health Crisis ◽  
European Institutions ◽  
The Face ◽  
The One ◽  
Economic And Financial Crisis

The essay starts from a comparison in the European Union between the economic and financial crisis of 2009 and the health crisis of 2020, due to the Covid-19 pandemic. In particular, the scarce capacity of Member States and European institutions to carry out the recovery of the economic European condition and transformation of the European government system after the 2009 crisis, despite the indications of the Commission's Blueprint (of 2012) and of the Report of the five presidents (of 2015). On the other hand, in the face of the health crisis, the reaction of the European institutions seemed more decisive with the creation of various instruments to combat the economic consequences of the Covid-19 pandemic. These include in particular the Recovery fund - Next Generation EU, linked to the 2021-2027 MFF. The reaction to the pandemic shows the possibilities of the European Union to create a community of States in solidarity and with its own identity also in the international scenario. However, it is by no means certain that this idea can prevail over the one that sees the European Union as simply a free trade organization between the Member States. The decisions that will be taken in the Conference on the future of Europe between 2021 and 2022 appear to be decided to define the evolution of the European Union.

scholarly journals The Values of the EU and their Protection in the European Law

2020 ◽  
Vol 100 (7) ◽  
pp. 37-45
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
European Institutions ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.

scholarly journals Are traditional minority languages a bench marking for the rights of migrant languages in the European Union?

2018 ◽  
Vol 30 (4) ◽  
pp. 40-60
Author(s):  
Christopher Houtkamp ◽  
László Marácz
Keyword(s):  
European Union ◽  
Linguistic Diversity ◽  
Comparative Approach ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Member States ◽  
Linguistic Rights ◽  
The Status ◽  
The One

In this paper a normative position will be defended. We will argue that minimal territorial minority language rights formulated in terms of the personality principle referring to traditional minority languages granted in the framework of the European Union (EU) are a benchmark for non-territorial linguistic rights. Although territorial minority languages should be granted collective rights this is in large parts of Europe not the case. Especially in the Central and Eastern European Member States language rights granted to territorial languages are assigned on the basis of personal language rights. Our argumentation will be elaborated on the basis of a comparative approach discussing the status of a traditional territorial language in Romania, more in particular Hungarian spoken in the Szeklerland area with the one of migrant languages in the Netherlands, more in particular Turkish. In accordance with the language hierarchy implying that territorial languages have a higher status than non-territorial languages both in the EUs and Member States’ language regimes nonterritorial linguistic rights will be realized as personal rights in the first place. Hence, the use of non-territorial minority languages is conditioned much as the use of territorial minority languages in the national Member States. So, the best possible scenario for mobile minority languages is to be recognized as a personal right and receive full support from the states where they are spoken. It is true that learning the host language would make inclusion of migrant language speakers into the host society smoother and securing a better position on the labour market. This should however be done without striving for full assimilation of the speakers of migrant languages for this would violate the linguistic rights of migrants to speak and cultivate one’s own heritage language, violate the EUs linguistic diversity policy, and is against the advantages provided by linguistic capital in the sense of BOURDIEU (1991).

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

2020 ◽  
Author(s):  
Radovan Malachta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Transitional Period ◽  
Mutual Trust ◽  
The European Union ◽  
Member States ◽  
International Convention ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Uk

The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.

Non-EU Legal Instruments (EFSF, ESM, AND Fiscal Compact)

2020 ◽  
Author(s):  
Francesco Martucci
Keyword(s):  
European Union ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Fiscal Discipline ◽  
Member States ◽  
The United Kingdom ◽  
Fiscal Compact ◽  
Angela Merkel

‘Another Legal Monster?’ That was the question asked by the Law Department of the European University Institute on 16 February 2012 in a debate about the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), also known as the Fiscal Compact Treaty. On 2 March 2012, twenty-five Member States of the European Union minus the United Kingdom and the Czech Republic signed the TSCG. A month before, on 2 February 2012, the euro area Member States signed the Treaty Establishing the European Stability Mechanism (ESM Treaty), another legal monster. In both cases, the monstrosity lies in the fact that Member States have preferred to conclude an international treaty, rather than to use the European Union (EU) institutional system. Why did the European Commission not propose a legislative act to establish a financial assistance mechanism in the Eurozone and strengthen the fiscal discipline in the EU? Does this mean the end of community method and a victory for the intergovernmental method? As Herman Van Rompuy commented about the crisis; ‘often the choice is not between the community method and the intergovernmental method, but between a co-ordinated European position and nothing at all’. In 2010, Angela Merkel defended her vision of a new ‘Union Method’ in a speech held at the College of Europe. This approach can be defined by the following description: ‘co-ordinated action in a spirit of solidarity–each of us in the area for which we are responsible but all working towards the same goal’. Each of us means the European institutions and Member States. The new ‘Euro-international’ treaties (or inter se treaties) raise a number of questions regarding their compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. These questions are all the more important because international treaties raise a number of questions on their compatibility with EU law, implications for the Union legal system and institutional balance.

scholarly journals Brexit and Acquired Rights

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 440-444 ◽  
Author(s):  
Michael Waibel
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Public International Law ◽  
The United Kingdom ◽  
Article 50

On March 29, 2017, the U.K. Government triggered Article 50 of the Treaty on European Union (TEU) on withdrawal from the European Union following a referendum on June 23, 2016 in which 51.89 percent voted for the United Kingdom to leave the European Union. As a hybrid provision, the much-discussed withdrawal provision in Article 50 TEU is part of EU law yet also anchored in public international law. Although the European Union is a unique, supranational organization that creates rights for individuals that are directly effective in national law, its member states created the European Union based on traditional treaties under international law.

scholarly journals The politics of embedding and the right to remain in post-Brexit Britain

Ethnicities ◽  
2020 ◽  
pp. 146879682091341 ◽  
Author(s):  
Tiina Sotkasiira ◽  
Anna Gawlewicz
Keyword(s):  
Decision Making ◽  
European Union ◽  
United Kingdom ◽  
Union Membership ◽  
The Other ◽  
The European Union ◽  
The United Kingdom ◽  
Sense Of Security ◽  
The One ◽  
The Right

The European Union membership referendum (i.e. the Brexit referendum) in the United Kingdom in 2016 triggered a process of introspection among non-British European Union citizens with respect to their right to remain in the United Kingdom, including their right to entry, permanent residence, and access to work and social welfare. Drawing on interview data collected from 42 European Union nationals, namely Finnish and Polish migrants living in Scotland, we explore how European Union migrants’ decision-making and strategies for extending their stay in the United Kingdom, or returning to their country of origin, are shaped by and, in turn, shape their belonging and ties to their current place of residence and across state borders. In particular, we draw on the concept of embedding, which is used in migration studies to explain migration trajectories and decision-making. Our key argument is that more attention needs to be paid to the socio-political context within which migrants negotiate their embedding. To this end, we employ the term ‘politics of embedding’ to highlight the ways in which the embedding of non-British European Union citizens has been politicized and hierarchically structured in the United Kingdom after the Brexit referendum. By illustrating how the context of Brexit has changed how people evaluate their social and other attachments, and how their embedding is differentiated into ‘ties that bind’ and ‘ties that count’, we contribute to the emerging work on migration and Brexit, and specifically to the debate on how the politicization of migration shapes the sense of security on the one hand, and belonging, on the other.

Variable Geometry or Concentric Circles: Patterns for the European Union

1997 ◽  
Vol 46 (2) ◽  
pp. 243-273 ◽  
Author(s):  
J. A. Usher
Keyword(s):  
European Union ◽  
The Other ◽  
Variable Geometry ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Community Institutions ◽  
European Court ◽  
Private Citizens ◽  
The One

Once upon a time, a Professor of European Institutions, at least if a lawyer by training, could simply assert that the European Communities are based on the rule of law, that they create institutions with autonomous powers, which are able to issue legislation binding as law throughout every member State of the Community, and that they create courts which have power to exercise judicial control over a complex network of relationships between the Community institutions, the member States and private citizens. While these statements are still true, however, they must now be laced in a rather more complex context. Furthermore, there is a contrast between on the one hand the intensification (to borrow a word from the Common Agricultural Policy) of certain fundamenta s of the EC legal order in the recent case law of the European Court, and on the other hand attempts by member States to escape this through non-EC forms of cooperation in the framework of the European Union, the development of the idea that not all the rules of the EC Treaty apply to all the member States, and the entry by the majority of the member States into a separate Treaty, the Schengen Agreement, dealing with matters which might be thought to fall under the EC Treaty or the Home Affairs and Justice pillar of the Treaty on European Union—all of which might generically be referred to as variable geometry. In the other direction, it may be observed that large amounts of substantive

Environmental Inspections at the EU: The imperative to move forward

elni Review ◽  
2009 ◽  
pp. 79-82
Author(s):  
Ana Barreira
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
European Commission ◽  
Current Status ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
European Institutions ◽  
The Eu ◽  
The Way

The European Commission has recognised that “[l]aws do not serve their full purpose unless they are properly applied and enforced”. In addition “[t]he European Institutions and the Member States should continue to develop their work to ensure that Community law is correctly applied and implemented”. There are diverse tools for guaranteeing compliance such as compliance indicators, compliance and enforcement strategies and environmental inspections, the purpose of which is to supervise compliance. This article focuses on the latter. Firstly, the way in which this instrument was incorporated under Community environmental policy is examined. Secondly, the current status of environmental inspections at EU level is briefly analysed. Thereafter, it will concentrate on the proposals for the review of this tool, ending with some recommendations on how environmental inspections should be regulated in the European Union with a focus on the demands of European Environmental Bureau (EEB) on this matter.

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