scholarly journals PROBLEMS IN THE FORMATION OF COMMON EUSOCIAL POLICY

Ekonomika ◽  
2009 ◽  
Vol 87 ◽  
pp. 107-123
Author(s):  
Lina Rutkauskienė
Keyword(s):  
European Union ◽  
Social Policy ◽  
Member State ◽  
Academic Literature ◽  
Eu Member States ◽  
Open Method Of Coordination ◽  
Policy Models ◽  
History Of ◽  
Popular Subject ◽  
The Eu

European Union social policy is a popular subject of research in the academic circles and is an important topic for its every member state and its citizens. The formation of a common social policy in the EU has an interesting history and related issues, thus this article is an attempt to find out why certain difficulties are encountered in the integration of social affairs, and to offer certain l suggestions for their l improvement. The aim of this study is to reveal the problems encountered in the formation of common EU social policy in the context of its development. The article presents some analysis of the history of the development of the European Community to determine the position of the goal to have a common social policy in the integration processes and the attention is given to the examination of the variety of social policy models in the EU member states as one of the problems of the integration of social policy. Furthermore, using an analysis of the academic literature, this article evaluates the main social policy management-coordination measure – the Open Method of Coordination, and presents the arguments highlighting its inefficiency , comments on its structure and organisation, and suggests the ways of improving this method.p>

Transformation of the system of the European union social policy management control methods

2017 ◽  
pp. 50-56
Author(s):  
Iryna Butуrskaya
Keyword(s):  
European Union ◽  
Social Policy ◽  
Control Method ◽  
Management Control ◽  
The European Union ◽  
Open Method ◽  
Open Method Of Coordination ◽  
Integration Management ◽  
European Regulatory ◽  
The Eu

The author examines liberal, governance, intergovernmental approaches and neofunctionalism in the EU and European integration management; constructs regional policy, comitology system, «European» regulatory agencies. They are considered as the elements that modify the traditional management control method in the EU. The governance approach is used for the analysis of interactions, which are often referred to "low" policy – daily regulation. It determines the «political face» of the EU. The approach uses multi-level governance concept and the open method of coordination. The first one has a narrow testing scope and aims to explain only the integration realities; the other one is more of a universal character. Attempts to comprehend this method face the lack of empirical research due to the relative novelty of the open method of coordination and complex combination of horizontal and vertical processes within it. Keywords: European Union, system of management methods, social policy

The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation

2012 ◽  
pp. 240-255
Author(s):  
Cristina Contartese
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Court ◽  
Dublin Regulation ◽  
Effective Remedy ◽  
European Union Member States ◽  
The Eu

The purpose of this chapter is to analyze a particular aspect of the so-called Dublin Regulation, whose aim is to determine the European Union (EU) Member State responsible for examining an asylum application, that is, the presumption that the EU Member States are “safe countries.” Although the notion of “safe country” is on the base of the Dublin Regulation functioning mechanism, as it implies that any EU Member States can transfer an asylum seeker to any other EU country which is responsible, the authors contend that the safety of an EU Member State can be given as presumed for the purpose of asylum seekers. The analysis of the present work starts, firstly, with the examination of the notion of “safe country” under the Dublin Regulation. In the second part, relying on the European Court of Human Rights’ (ECHR) case-law, it will be discussed to what extent the Court of Strasbourg clarifies the notion of “safe countries” and the test it applies to it. Finally, the Commission’s proposal for a recasting of the Dublin Regulation will be analysed with the aim of foresee possible future developments of the EU law mechanisms to rebut such a presumption as applied to the EU Member States. It will emerge that in order to assess the safety of an EU Member State, attention has to be given to the prohibition of both direct and indirect refoulement as well as to the effective remedy at the EU Member State’s domestic level.

Romania and the European Union

2020 ◽  
Author(s):  
Natalia Cuglesan
Keyword(s):  
European Union ◽  
Political Elite ◽  
The European Union ◽  
Eu Member States ◽  
Positive Side ◽  
Eu Membership ◽  
Gdp Growth Rate ◽  
History Of ◽  
High Level ◽  
The Eu

The accession of Romania and Bulgaria to the European Union (EU) is portrayed as one of the most challenging enlargement waves in the history of the EU Integration Process. A member of the EU since 2007, Romania had to overcome significant obstacles to qualify for EU membership. Not fully prepared for EU accession, Romania required post-accession monitoring through the Cooperation and Verification Mechanism in order to stimulate compliance in the fields of corruption, the judiciary, and the rule of law. The problems of the unfinished transition have impacted on its positive post-accession evolution in the first 10 years of EU membership. It has accomplished limited results in the field of democratic consolidation, combating high-level political corruption and experiencing episodes of democratic backsliding. Also, in this period, it has failed to materialize strategic opportunities; it proved unsuccessful in its efforts to join Schengen or in adopting the currency. Playing a more substantial role in EU policymaking proved to be another shortcoming of the Romanian political elite, stressing the incremental pace of Europeanization. Still, despite this pessimistic account, in many respects, Romania has not fallen behind. It had a general compliant behavior with EU legislation, in line with other EU member states; support for the EU has remained high throughout the decade, an indication of the benefits it has brought to broad categories of people. It is not surprising, as more than 3 million people work in an EU member state. Economic growth was another positive side of the first 10 years—despite the adverse effects of the economic crisis—with a substantial GDP growth rate. And not to be dismissed , a great benefit was the consolidation of civil society.

THE EUROPEAN COMMISSION AS THE GUARDIAN OF THE TREATIES

2021 ◽  
Vol 66 (05) ◽  
pp. 160-163
Author(s):  
Sevil Aliheydar Damirli ◽  
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
Eu Member States ◽  
The Guardian ◽  
Eu Commission ◽  
The Eu

As in any community, coexistence and cooperation only works if it is well organized. In the EU, there are EU bodies for this purpose. We all know that living together of different members can often lead to a dispute. In the European Union, the subject of dispute can not only be the violation of primary law, but also the violation of secondary community law. In order to better understand the important role of the Commission in the EU, we examine in this paper its composition and Tasks. We know that the European Union is based on the rule of law. This means that every EU activity is based on treaties that have been accepted by all EU Member States on a voluntary and democratic basis. A contract is a binding agreement between the EU member states. It sets out the objectives of the EU, the rules governing the EU institutions, the decision-making process and relations between the EU and its Member States. Therefore it is important to adhere to these treaties to carry out community policy. According to Art. 258 and 259 of the Treaty on the Functioning of the EU, actions for breach of contract can be filed against a Member State by the EU Commission or another Member State (1, Art.258-259). For the European Commission, as the «Guardian of the Treaties», this option is a particularly important instrument of power politics that it can use against member states' governments that do not recognize or do not comply with the norms of Community law. In practice, the infringement procedures requested by the Commission are of particular importance for ensuring compliance with Community law by the Member States. In no other area does the Commission have so much power and independence against the Member States. Now we should take a closer look at the EU institution and especially the EU Commission.

Freedom of movement, social rights and residence-based conditionality in the European Union

2018 ◽  
Vol 29 (1) ◽  
pp. 70-83 ◽  
Author(s):  
Cecilia Bruzelius
Keyword(s):  
European Union ◽  
Member State ◽  
Social Rights ◽  
The European Union ◽  
Habitual Residence ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
State Case ◽  
The Eu

This article stresses the need to study how European Union (EU) member states define and implement the concept of habitual residence to assess boundaries of welfare in the EU. It focuses specifically on EU migrant citizens’ social rights and draws on comparative qualitative research on two EU member states – Germany and Sweden. The article first clarifies the differences between legal and habitual residence, and distinguishes between legal definitions of habitual residence and administrative formalities tied to such definitions. After examining legal definitions at the EU level, it goes on to consider additional definitions found in each member state case and administrative formalities attached to these definitions. Following this, implications for EU migrant citizens’ social rights in each country are assessed. The analysis reveals how administrative processes of residence registration shape conditionality. In this way, administrative aspects of habitual residence can have far-reaching exclusive effects on EU migrant citizens’ access to social benefits and services in the destination member state, as well as inhibit their ability to enjoy their right to freedom of movement. The article thus illustrates the inherent tension between free movement and residence-based social rights in a Union with devolved social provision.

WHERE THE LAW BECOMES IRRELEVANT: CONSULAR ASSISTANCE AND THE EUROPEAN UNION

2011 ◽  
Vol 60 (4) ◽  
pp. 965-995 ◽  
Author(s):  
Annemarieke Vermeer-Künzli
Keyword(s):  
European Union ◽  
Member State ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Law ◽  
The Eu

AbstractIn recent years, the European Union (‘eu’) has taken a number of initiatives with a view to co-ordinating consular assistance in third countries. Not only have EU citizens an entitlement to consular assistance by any EU Member State in the absence of a representation of their own, but EU Member States themselves are encouraged to co-operate by means of the Lead State Concept and other forms of co-operation. While this may seem relatively unproblematic from the perspective of the EU, it is very difficult to reconcile with general international law. The various EU agreements in this area have no application to third States: some do not have legally binding form and even those that do only apply to the parties to the treaties, ie EU Member States. This article will present the situation, analyse its complexities and offer some reflections on the global application and desirability of the regime created by the EU.

scholarly journals Democratic Backsliding in the European Union

2019 ◽  
Author(s):  
Nick Sitter ◽  
Elisabeth Bakke
Keyword(s):  
European Union ◽  
Member State ◽  
Rule Of Law ◽  
European Parliament ◽  
The Other ◽  
Political Will ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
The Eu

Democratic backsliding in European Union (EU) member states is not only a policy challenge for the EU, but also a potential existential crisis. If the EU does too little to deal with member state regimes that go back on their commitments to democracy and the rule of law, this risks undermining the EU from within. On the other hand, if the EU takes drastic action, this might split the EU. This article explores the nature and dynamics of democratic backsliding in EU member states, and analyses the EU’s capacity, policy tools and political will to address the challenge. Empirically it draws on the cases that have promoted serious criticism from the Commission and the European Parliament: Hungary, Poland, and to a lesser extent, Romania. After reviewing the literature and defining backsliding as a gradual, deliberate, but open-ended process of de-democratization, the article analyzes the dynamics of backsliding and the EU’s difficulties in dealing with this challenge to liberal democracy and the rule of law. The Hungarian and Polish populist right’s “illiberal” projects involve centralization of power in the hands of the executive and the party, and limiting the independence of the judiciary, the media and civil society. This has brought both governments into direct confrontation with the European Commission. However, the EU’s track record in managing backsliding crises is at best mixed. This comes down to a combination of limited tools and lack of political will. Ordinary infringement procedures offer a limited toolbox, and the Commission has proven reluctant to use even these tools fully. At the same time, party groups in the European Parliament and many member state governments have been reluctant to criticize one of their own, let alone go down the path of suspending aspect of a states’ EU membership. Hence the EU’s dilemma: it is caught between undermining its own values and cohesion through inaction on one hand, and relegating one or more member states it to a second tier—or even pushing them out altogether—on the other.

II. The Ankara Agreement, Turkey, and the Eu

2006 ◽  
Vol 55 (3) ◽  
pp. 705-717
Author(s):  
Elena Katselli
Keyword(s):  
European Union ◽  
United Kingdom ◽  
United Nations ◽  
Member State ◽  
The European Union ◽  
The United Kingdom ◽  
History Of ◽  
The Republic ◽  
Republic Of Cyprus ◽  
The Eu

The Republic of Cyprus became independent on 16 August 1960 with the conclusion of three agreements between Cyprus, Greece, Turkey and the United Kingdom: the Treaty of Establishment,1 the Treaty of Guarantee,2 and the Treaty of Alliance.3 Due to limited space, this article will not consider the troubled history of the new Republic the structures of which were literally shattered by an unworkable and dysfunctional Constitution a few years only after its establishment and which eventually led to the Turkish invasion and continuing occupation of one third of its territory.4 Rather, this article intends to focus on recent legal developments provoked by Turkey's refusal to recognize the Republic of Cyprus, a Member State of the United Nations and as from May 2004 a Member of the European Union, in the context of Turkey's own aspirations to become an EU Member State.

scholarly journals EU SOCIAL POLICY: CHALLENGES AND PROSPECTS

2017 ◽  
pp. 80-90
Author(s):  
Kateryna Slyusarenko ◽  
Maryna Sadovenko
Keyword(s):  
Social Policy ◽  
Economic Integration ◽  
Social Protection ◽  
Eu Member States ◽  
Current Trends ◽  
The Social ◽  
Policy Models ◽  
The Uk ◽  
The Eu

Introduction. Reform of the social policy is one of the most important issues not only for individual the EU Member States but for the EU as a whole. The economic integration in the absence of adequate social protection means the growth of inequality, insecurity and marginalization among EU citizens. Areas of solving economic and social problems, which worsened in recent years because of military action in Syria and Ukraine and exit of the UK out of the EU (Brexit), should be aimed at preserving the EU single market, reforming the labour market and social policies. Purpose. The article aims to assess the trends and problems of implementation of government social policy and social protection in the EU and to identify areas of social policy reforming. Results. The classification of social policy models has been proposed. Analysis of current trends in social protection has been carried out. The spending for social protection in the EU has been estimated. On the basis of research the problems in EU social policy have been outlined. The ways of its reforming have been determined.

scholarly journals The UNGPs in the European Union: The Open Coordination of Business and Human Rights?

2018 ◽  
Vol 3 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Daniel AUGENSTEIN ◽  
Mark DAWSON ◽  
Pierre THIELBÖRGER
Keyword(s):  
European Union ◽  
Human Rights ◽  
Implementation Process ◽  
Fundamental Rights ◽  
The European Union ◽  
Eu Member States ◽  
Open Method Of Coordination ◽  
Business And Human Rights ◽  
Eu Fundamental Rights ◽  
The Eu

AbstractThe article examines the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union via National Action Plans (NAPs). We argue that some of the shortcomings currently observed in the implementation process could effectively be addressed through the Open Method of Coordination (OMC) – a governance instrument already used by the European Union (EU) in other policy domains. The article sketches out the polycentric global governance approach envisaged by the UNGPs and discusses the institutional and policy background of their implementation in the EU. It provides an assessment of EU member states’ NAPs on business and human rights, as benchmarked against international NAP guidance, before relating experiences with the existing NAP process to the policy background and rationale of the OMC and considering the conditions for employing the OMC in the business and human rights domain. Building on a recent opinion of the EU Fundamental Rights Agency, the article concludes with a concrete proposal for developing an OMC on business and human rights in the EU.

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