Civil society and the European Union. From enthusiasm to disenchantment

2020 ◽  
Vol 32 (4) ◽  
pp. 543-556
Author(s):  
Jürgen R. Grote

AbstractThis paper adopts the wide definition of civil society, namely the one suggested by the EU. It includes all sorts of private collectives from producer groups, trade unions, care and common cause organizations, NGOs, to social and protest movements. Distinguishing between a structural (governance) and an actor-centred perspective (collective action) and, orthogonally, two levels of territorial complexity (the sub-, and the supranational), the history of the relationship between the EU and civil society is presented for the period of the past 35 years. It turns out that despite enormous efforts invested in the relationship from the part of both sides, and of many heroic declamations aimed at pathbreaking reform, the outcome tends to be relatively meagre and disenchanting both in institutional and organizational terms.


Author(s):  
Sabine Jacques

This chapter provides an overview of the nature and definition of parody in the context of copyright law. The Court of Justice of the European Union (CJEU) has introduced two requirements that must be satisfied before a work may be considered a ‘parody’: firstly, it must ‘evoke an existing work while being noticeably different from it’, and secondly, it must ‘constitute an expression of humour or mockery’. The chapter first traces the origin and history of parody in the arts, including music, before discussing the relationship of parody with concepts such as satire, caricature, and pastiche. It then examines why a parody exception has been considered necessary in copyright law. The chapter goes on to analyse the legal evolution of parody in France, Australia, Canada, the United States, and the United Kingdom, showing that the existing international human rights framework may influence the definition of parody in intellectual property law.



2019 ◽  
Vol 18 (1) ◽  
pp. 3-32
Author(s):  
Bartosz Soloch

Abstract Recent decisions of European and national courts, as well as those of arbitral tribunals, concerning the Achmea saga seem to be plentiful enough to draw preliminary conclusions as to the relationship between EU law, intra-EU international investment agreements (IIAs) and the national laws of EU-Member States. In order to get the proper picture of the situation, however, it is necessary not only to analyse the recent decisions of the Court of Justice of the European Union (CJEU) and their consequences from these three perspectives, but, equally, to understand how they interact with each other. Such an analysis indicates the real possibility of the emergence of a rift between the practice of the EU and national courts rejecting the validity of investment arbitration agreements, on the one hand, and investment tribunals, on the other. In any case, such a divergence would put into question the IIAs’ claim to provide a stable regulatory framework for international investments in the EU, which, in turn, would strengthen the argument for termination of intra-EU IIAs.



Author(s):  
Sharon Pardo

Israeli-European Union (EU) relations have consisted of a number of conflicting trends that have resulted in the emergence of a highly problematic and volatile relationship: one characterized by a strong and ever-increasing network of economic, cultural, and personal ties, yet marked, at the political level, by disappointment, bitterness, and anger. On the one hand, Israel has displayed a genuine desire to strengthen its ties with the EU and to be included as part of the European integration project. On the other hand, Israelis are deeply suspicious of the Union’s policies and are untrusting of the Union’s intentions toward the Israeli-Palestinian conflict and to the Middle East as a whole. As a result, Israel has been determined to minimize the EU’s role in the Middle East peace process (MEPP), and to deny it any direct involvement in the negotiations with the Palestinians. The article summarizes some key developments in Israeli-European Community (EC)/EU relations since 1957: the Israeli (re)turn to Europe in the late 1950s; EC-Israeli economic and trade relations; the 1980 Venice Declaration and the EC/EU involvement in the MEPP; EU-Israeli relations in a regional/Mediterranean context; the question of Israeli settlements’ products entering free of duty to the European Common Market; EU-Israeli relations in the age of the European Neighbourhood Policy (ENP); the failed attempt to upgrade EU-Israeli relations between the years 2007 and 2014; and the Union’s prohibition on EU funding to Israeli entities beyond the 1967 borders. By discussing the history of this uneasy relationship, the article further offers insights into how the EU is actually judged as a global-normative actor by Israelis.



2015 ◽  
Vol 9 (2) ◽  
pp. 161-181 ◽  
Author(s):  
Soetkin Verhaegen ◽  
Marc Hooghe ◽  
Ellen Quintelier

In the literature, two approaches toward the development of a European identity can be distinguished. Society-based approaches assume that the most important foundation for the development of a European identity is trust toward other European citizens as this allows Europeans to identify with the European Union as a community of citizens and values. The institutional approach, on the other hand, assumes that a shared European identity is predominantly based on trust in political institutions. In this paper, we use the results of the IntUne Mass Survey 2009 (n=16,613 in 16 EU member states) to test the relationship between social and political trust on the one hand, and European identity on the other. The results suggest that trust in other European citizens is positively associated with European identity, but trust in the European political institutions has a stronger relation with European identity. This could imply that efforts to strengthen European identity cannot just rely on a bottom-up approach, but should also pay attention to the effectiveness and the visibility of the EU institutions and the way they are being perceived by European citizens.



Author(s):  
V. Krushinsky ◽  
B. Pryimak

Despite the long history of relations Ukraine had a sidetrack in the German Eastern European politics. Ukrainian-German relations were in the shadow of German-Russian. This led to inconsistencies in the development of the German strategy for Ukraine and its European and Euro-Atlantic aspirations. Another cause is a dualism of German foreign policy – as a nation-state on the one hand and on the other – as the informal leader of the EU, the most influential country in the union, whose foreign policy to some extent affects Europe overall. As the informal leader of the EU, Germany wants to strengthen the organization, including by means of the expansion and attraction of the new member-states. At the same time, Germany cannot let the entry of economically weak and politically unstable states that will dilute the strength of the organization. This opinion is shared by the German foreign policy, since the increased number of weak economies in the EU will increase the burden on the economy of Germany. On the one hand this will prorogue considerably Ukraine’s entry to the EU and NATO, but at the same time the situation may change for the better in the event that positive changes take place in Ukraine. The breakdown of the twentieth and twenty-first centuries is characterized by significant changes in the format of relations between countries, including the Eastern region, in particular the relations between Ukraine and Germany changed significantly. There is an abandonment of the fixed spheres of influence concept and political supremacy of some states over others. Germany and many of countries in the region are united in the European Union and NATO. There are new mighty centers of power, especially Poland, which is trying to play an independent role. This dictates the need for Germany to take into account the position of the Polish foreign policy strategies under development in the region.



2021 ◽  
pp. 397-422
Author(s):  
Nigel Foster

The history of the relationship between the United Kingdom and the European Union from its beginning has been, if nothing else, a very vacillating one, and even at the beginning, the UK was a ‘reluctant’ partner in the European project. This chapter will outline the changing legal and political relationship before, during, and after ‘Brexit’, as the negotiations for the UK’s withdrawal from the European Union (EU) came to be known. The departure, on 31 January 2020, and complete separation on 31 December 2020, placed the UK as a third country to the EU as regards its new trading relationship, is also considered.



Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter discusses the regime for controlling mergers which have an ‘EU dimension’ under the European Union Merger Regulation (EUMR). The chapter examines: the purposes of merger control; the history of the EUMR; the scheme of the EUMR and the concept of the ‘one-stop shop’; jurisdiction under the EUMR, including the definition of a ‘concentration’ and what amounts to an ‘EU dimension’; procedure, including Phase I and Phase II proceedings; the substantive appraisal of horizontal, and non-horizontal mergers under the EUMR and the test of significantly impeding effective competition (SIEC); EUMR statistics; appeals; and international issues.



Author(s):  
Tobias Tober

Abstract What are the distributional implications of European institutional integration? This article argues that European institutional integration exerts a moderating effect on the relationship between trade union strength and income inequality—particularly inequality at the top—within countries of the European Union (EU). I contend that European institutional integration reduces the bargaining power of trade unions due to rising market competition and decreasing union control over the supply of labor. Thus, the effectiveness of trade unions in reducing inequality should decline with progressing European institutional integration. On the basis of a long-term within-country analysis of the EU15, I will show that the effect of trade unions on inequality varies strongly with European institutional integration. Consistent with the theoretical argument, the inequality-reducing effect of trade unions becomes substantially lower the more a country integrates in the EU.



2014 ◽  
Vol 4 (2) ◽  
Author(s):  
Marek Vojtaššák

Abstract Purpose of the article is to present in two parts the selected aspects of application of monetary policy in the euro area pre and post 2008 as well as insitutional adaptations brought by the EU legislator. Methodology/methods In order to better explain these points, the article relies partially on a comparison with the framework and application of the monetary policy by the Federal Reserve as well as on a historic method when outlining the influence of definition of financial stability from the ECB/Eurosystem towards other prominent central banks. Scientific aim The article presents selected aspects of the monetary policy in the part of the EU where single currency was introduced in order to outline state of the art governance structure as well as a certain institutional creativity in application of powers conferred upon the central banks by the Treaty on the Functioning of the European Union and Protocol on the Statute of the European System of Central Banks and of the European Central Bank. The goal is to prove (i) the hypothesis of robustness of the framework and (ii) present the limits that can only be pushed further by the legislative power. The conclusions confirm on the one hand that the framework of monetary policy based on strong institutional safeguards such as legislative power and independence is very resilient and can prove efficient and creative enough to stabilise an innovative monetary system, however, on the other hand, validate the hypothesis that certain adaptations can only be performed on the basis of a legislative adaptations.



2018 ◽  
Vol 8 (1) ◽  
Author(s):  
Dr. Sc. Bekë Kuqi ◽  
Dr. Sc. Petrit Hasanaj

Globalization represents an unavoidable phenomenon in the history of mankind, which is making the world smaller and smaller by increasing the exchange of goods, services, information, knowledge and cultures between different countries. Globalization is a process that has changed a lot in our everyday lives. This multidimensional and contradictory process brings to life the hopes and achievements that life can bring to it. The rush for greater competition is one of the main objectives of globalization. Such a thing can only be reached with market liberalization, economic integration and technology development. It is important for us to benefit from globalization. Therefore, during this paper we will discuss the importance of globalization for the integration and development of countries in the US and as a case study for Kosovo. Globalization is an unstoppable process for Kosovo, and a hope for integration and development that will impact on economic development and integration into the European Union. Following the Declaration of Independence of Kosovo on 17 February 2008 and the entry into force of the Constitution of the Republic of Kosovo on 15 June 2008, the same objectives, more than before, were introduced in Kosovo. Like other transition countries, Kosovo also declared membership in the EU not only objective of foreign policy, but also a strategic social and state goal. The definition of this decision puts Kosovo at the forefront of the transition, reform and harmonization process with EU criteria.



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