scholarly journals “Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU

2017 ◽  
Vol 9 (2) ◽  
pp. E-18-E-46 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
Executive Power ◽  
The European Union ◽  
Public Power ◽  
Bottom Up ◽  
Long Period ◽  
Political Ideas ◽  
European Public ◽  
History Of ◽  
Output Legitimacy ◽  
The Eu

Abstract Public power has been justified by resorting to two different kinds of legitimation: one coming from above, the other emerging from the governed. While legitimation “from above” implies that those who are vested with executive power are qualified in their function because of their allegedly higher competences, “bottom-up” legitimacy always presupposes that only citizens can properly decide on their destiny. After giving a brief account of how both legitimation strategies have developed in the history of political ideas, attention is focused on the theories regarding the legitimacy of public power in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition. But even more interesting is that the research into the characteristics of supranational integration has been one of the most significant fields in which the legitimation “from above” has reappeared in Western thought after a rather long period of marginality, now taking the shape of a technocratic justification. In the main section of the article, the reasons in favour of a democratic “bottom-up” legitimation of the European public power are analyzed first, then those which recur to the so-called “output legitimacy” – in other words to technocratic arguments. The last section of the contribution is dedicated to an overall assessment of the different positions.

European Integration

2020 ◽  
Author(s):  
Johann P. Arnason
Keyword(s):  
European Integration ◽  
Eastern European ◽  
The European Union ◽  
Historical Processes ◽  
History Of ◽  
External Conditions ◽  
Eastern European Countries ◽  
Totalitarian Regimes ◽  
The Eu

Different understandings of European integration, its background and present problems are represented in this book, but they share an emphasis on historical processes, geopolitical dynamics and regional diversity. The introduction surveys approaches to the question of European continuities and discontinuities, before going on to an overview of chapters. The following three contributions deal with long-term perspectives, including the question of Europe as a civilisational entity, the civilisational crisis of the twentieth century, marked by wars and totalitarian regimes, and a comparison of the European Union with the Habsburg Empire, with particular emphasis on similar crisis symptoms. The next three chapters discuss various aspects and contexts of the present crisis. Reflections on the Brexit controversy throw light on a longer history of intra-Union rivalry, enduring disputes and changing external conditions. An analysis of efforts to strengthen the EU’s legal and constitutional framework, and of resistances to them, highlights the unfinished agenda of integration. A closer look at the much-disputed Islamic presence in Europe suggests that an interdependent radicalization of Islamism and the European extreme right is a major factor in current political developments. Three concluding chapters adopt specific regional perspectives. Central and Eastern European countries, especially Poland, are following a path that leads to conflicts with dominant orientations of the EU, but this also raises questions about Europe’s future. The record of Scandinavian policies in relation to Europe exemplifies more general problems faced by peripheral regions. Finally, growing dissonances and divergences within the EU may strengthen the case for Eurasian perspectives.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
European Council ◽  
Executive Power ◽  
The European Union ◽  
Checks And Balances ◽  
Court Of Justice ◽  
Strong Position ◽  
Institutional System ◽  
The Eu

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.

scholarly journals BREXIT REFERENDUM OF EUROPEAN UNION

2020 ◽  
Vol 5 (01) ◽  
pp. 65-83
Author(s):  
Laode Muhamad Fathun
Keyword(s):  
European Union ◽  
Development Policy ◽  
The European Union ◽  
Independent State ◽  
Policy Model ◽  
History Of ◽  
Eu Policies ◽  
Union Policy ◽  
Dominant Actor ◽  
The Eu

This paper describes the phenomenon Brexit or Britain Exit on the future of EU regionalism and its impact on Indonesia. This paper will explain in detail the reason for the emergence of a number of policies Brexit. Brexit event caused much speculation related to Brexit in the European Union. The policy is considered full controversial, some experts say that Brexit in the European Union (EU) showed the independence of Britain as an independent state. Other hand, that Britain is the "ancestor" of the Europeans was struck with the release of the policy, meaning European history can not be separated from the history of Britain. In fact the above reasons that Britain came out associated with independence as an independent state related to EU policies that are too large, as a result of the policy model is very holistic policy while Britain desire is wholistic policy, especially in the economic, political, social and cultural. In addition, the geopolitical location of the EU headquarters in Brussels who also became the dominant actor in a union policy that demands as EU countries have been involved in the formulation of development policy, including controversial is related to the ration immigrants. Other reason is the prestige associated with the currency. Although long since Britain does not fully adopt the EU rules but there is the possibility in the EU currency union can only occur with the assumption that the creation of functional perfect integration.

scholarly journals Why Europe Does not Need a Constitution: On the Limits of Constituent Power as a Tool for Democratization

Res Publica ◽  
2021 ◽  
Author(s):  
Aliénor Ballangé
Keyword(s):  
European Union ◽  
European Integration ◽  
Democratic Participation ◽  
Democratic Deficit ◽  
The European Union ◽  
Constituent Power ◽  
Bottom Up ◽  
Cautious Approach ◽  
Theoretical Hypothesis ◽  
The Eu

AbstractIn this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I identify it as an opportunity for unfettered democratic participation. Against the reification of power-in-action into a power-constituted-in-law, I argue that the democratization of the EU can only be achieved through the multiplication of ‘constituent moments’. I begin by deconstructing the normative justifications surrounding the concept of constituent power. Here I analyze the structural aporia of constituent power and question the autonomous and emancipatory dimension of this notion. I then test the theoretical hypothesis of this structural aporia of the popular constituent power by comparing it with the historical experiments of a European popular constituent power. Finally, based on these theoretical and empirical observations, I propose to replace the ambivalence of the concept of popular constituent power with a more cautious approach to the bottom-up democratization of European integration: that of a multiplication of transnational constituent moments.

scholarly journals Institutional and Legal Development of EAEU and EU in Comparative Perspective

2019 ◽  
Vol 7 (3) ◽  
pp. 155-168 ◽  
Author(s):  
Mark Entin ◽  
Vadim Voynikov
Keyword(s):  
Political Elite ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Decisions ◽  
Legal Structure ◽  
Eurasian Economic Union ◽  
History Of ◽  
Points Of View ◽  
Integration Project ◽  
The Eu

Despite the relatively short history of its development, the Eurasian Economic Union (EAEU) is becoming more confident about itself as a successful integration project. At the same time, there is a growing interest in the EAEU by the political elite and scientific community in Russia and abroad. The EAEU is investigated from different points of view, but almost no research is carried out without a comparative legal analysis of the EAEU and the European Union (EU). Both unions belong to the same type of integration organizations; the EAEU was largely created in the image of the EU. However, an analysis of the institutional and legal structure of the EAEU and the EU shows there are fundamental differences between the two unions concerning the principles of their functioning. This article substantiates the fact that supranational constitutionalization within the EU is not typical for the EAEU and is even harmful. At the same time, the technical tools developed by the EU can be useful to the EAEU for resolving current challenges of ensuring sustainability and self-affirmation in the international arena. This experience is of importance in view of the crisis experienced by the EU, since only they were able to manifest what institutional and legal decisions are working within the framework of an integration association, and which should be discarded. It is vital that the EAEU not repeat the mistakes and miscalculations of the EU.

Harmonising public sector accounting laws and regulations of the European Union member states: powers and competences

2021 ◽  
pp. 002085232110600
Author(s):  
Karoline Helldorff ◽  
Johan Christiaens
Keyword(s):  
Public Sector ◽  
Accounting Standards ◽  
The European Union ◽  
Member States ◽  
European Public ◽  
Public Sector Accounting ◽  
Will Force ◽  
The One ◽  
Rules Set ◽  
The Eu

This paper analyses the powers and competences of the EU to standardise public sector accounting of the member states and to take other EU action in the field of public sector accounting. We argue that public sector accounting forms part of the administrative organisation of the member states that is not a core EU competence. EU initiatives such as the European Public Sector Accounting Standards project, which aim to increase transparency and comparability, therefore need to follow the rules set out for administrative matters in general. The study reveals on the one hand that EU actions are essentially limited to voluntary cooperation and influences of other policy areas. But on the other hand, it shows that they do not need to be limited to the initiatives currently driven by Eurostat. Points for practitioners The future of the European Public Sector Accounting Standards project is uncertain. However, it is very unlikely that it will take the shape of a top-down set of readymade EU accounting standards that will force public administrations to adjust their inner workings. Public sector accounting is not (yet) a (typical) European policy, but simply a national one that the EU can support. The EU initiative can be considered as an opportunity for collaboration and knowledge sharing on how to increase transparency of public sector accounting.

State-building and the European Union: Markets, War, and Europe's Uneven Political Development

2021 ◽  
pp. 001041402110473
Author(s):  
R. Daniel Kelemen ◽  
Kathleen R. McNamara
Keyword(s):  
European Union ◽  
Political Development ◽  
Institutional Development ◽  
State Building ◽  
Legal Authority ◽  
Market Forces ◽  
The European Union ◽  
Eu Governance ◽  
History Of ◽  
The Eu

The European Union’s institutional development is highly imbalanced. It has established robust legal authority and institutions, but it remains weak or impotent in terms of its centralization of fiscal, administrative, and coercive capacity. We argue that situating the EU in terms of the history of state-building allows us to better understand the outcomes of EU governance. Historically, political projects centralizing power have been most complete when both market and security pressures are present to generate state formation. With the EU, market forces have had a far greater influence than immediate military threats. We offer a preliminary demonstration of the promise of this approach by applying it to two empirical examples, the euro and the Schengen area. Our analysis suggests that the EU does not need to be a Weberian state, nor be destined to become one, for the state-building perspective to shed new light on its processes of political development.

Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

2018 ◽  
Keyword(s):  
European Union ◽  
Social Life ◽  
The European Union ◽  
European Union Law ◽  
European Continent ◽  
External Relations ◽  
History Of ◽  
Judicial Protection ◽  
Political Economic ◽  
The Eu

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

2. The history of EU institutions:

2021 ◽  
pp. 27-47
Author(s):  
Renaud Dehousse ◽  
Paul Magnette
Keyword(s):  
European Union ◽  
Institutional Change ◽  
Current Phase ◽  
The European Union ◽  
The Past ◽  
Constant Change ◽  
History Of ◽  
Five Phases ◽  
The Eu ◽  
Ideas And Institutions

EU institutions have frequently been reformed since the origins of what is now the European Union (EU), and particularly so over the past twenty years. This chapter explains why and how this quasi-constant change has taken place. It begins by identifying five phases in this history: the founding, consolidation, relaunch, adaptation, and the current phase of reaction to functional challenges. The chapter then assesses the respective weight of state interests, ideas, and institutions in the evolution of EU institutions. In retrospect, institutional change in the EU appears to have followed a functionalist logic, leading to complex compromises that, in turn, prompt regular calls for ‘simplification’ and democratization.

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