scholarly journals URGENT PROBLEMS OF THE CONSTITUTIONALIZATION OF UKRAINE’S COURSE TOWARDS FULL MEMBERSHIP IN THE EUROPEAN UNION

2020 ◽  
pp. 15-19
Author(s):  
Ya. V. Chystokolianyi
Keyword(s):  
European Union ◽  
The European Union ◽  
Full Membership ◽  
Eu Membership ◽  
Legal Power ◽  
Basic Law ◽  
Legal Situation ◽  
The Law ◽  
Legal Forms ◽  
The Eu

This article is devoted to research of essential problems of the constitutionalization of Ukraine’s course towards full membership in the European Union. This refers to problems which appeared or were affected in some way alongside the adoption of the Law of Ukraine “On Amendments to Constitution of Ukraine (regarding the state’s strategic course on obtaining full membership in the European Union and North Atlantic Treaty Organization)” from 7 February 2019. According to the author, the Law has significantly changed the legal situation around the advancement towards the EU. After all, the course is from now on established irreversibly towards accession to the EU, not just towards integration, which can take place in various organizational and legal forms, not necessarily including full membership in the EU. Also, said irreversibility gained the highest legal power while being the constitutional norm, which obliged the state to perform respective acts and refrain from any others, such as searching for international organizations similar by their legal nature and considering the possibility of membership in them. The author believes that the problems of constitutionalization of the state’s aspiration towards full membership in the EU and performing necessary legal, political and institutional actions and transformations gained particular relevance due to this Law and the changes made on its basis. According to the objective and research tasks put forward by the author, the very notion of constitutionalization is analyzed in the article as relatively new in the constitutional law theory. Also the questions about changes in the Basic Law necessary for EU membership and consolidation of the treatment of the Union’s values with perspective of its further specification are addressed as essential. The article proposes changes to the Constitution of Ukraine necessary for creating the basis for the constitutionality of the course towards the EU membership. Regarding the values ofthe EU, in the current stage of Ukraine’s integration it would be sufficient to note acknowledgement, promotion and providing addition to them, e. g. to Article 15. So only certain conclusions about the urgent problems of the constitutionalization of Ukraine’s strategical course towards full membership in the EU and the directions of further research are stated in the article.

Familiarity Breeds Contempt

2009 ◽  
Vol 23 (3) ◽  
pp. 339-370 ◽  
Author(s):  
Aleksander Lust
Keyword(s):  
European Union ◽  
Economic Reform ◽  
The European Union ◽  
The West ◽  
Eu Membership ◽  
Economic Expectations ◽  
The Eu

In referenda held in 2003, over 90% of Lithuanians supported joining the European Union (EU), while only two-thirds of Estonians did. Why? This article shows that Lithuanians and Estonians had different economic expectations about the EU. Most Lithuanians hoped that EU membership would help Lithuania overcome its economic backwardness and isolation. By contrast, many Estonians worried that the accession would reinforce Estonia's underdevelopment and dependency on the West. I argue that these expectations reflected the two countries' strategies of economic reform. Lithuania sold state-owned enterprises (SOEs) to their managers and continued to trade heavily with Russia, which slowed down the modernization of its economy. Estonia sold SOEs to foreigners and reoriented its trade rapidly from Russia to the West, which hurt its traditional sectors (particularly agriculture) and infrastructure.

Staatsklimahaftung

2021 ◽  
Author(s):  
Isabell Böhm
Keyword(s):  
Climate Change ◽  
European Union ◽  
Greenhouse Gas ◽  
The European Union ◽  
Eu Member States ◽  
Basic Law ◽  
State Liability ◽  
Liability Claims ◽  
The Eu ◽  
Made In

Climate change litigation is becoming increasingly important. This thesis deals with the question whether state liability claims against Germany or the EU can be justified, if commitments to reduce greenhouse gas emissions are not met. For this purpose, the claim under public liability according to § 839 German Civil Code in connection with Art. 34 German Basic Law, the liability of the EU-Member States and the liability of the European Union according to Art. 340 II TFEU are discussed. At the end of the thesis, considerations on the practical perspectives of state liability are made in order to improve their prospects of success.

Effektivität des Grundrechtsschutzes in der Europäischen Union

2021 ◽  
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Law ◽  
European University ◽  
The Eu

The volume includes contributions from a meeting of the Frankfurt Institute for the Law of the European Union of the Faculty of Law of the European University Viadrina on the effectiveness of the protection of fundamental rights in the EU on the occasion of the tenth anniversary of the legal binding nature of the EU Charter of Fundamental Rights. With contributions by Markus Rau, LL.M.; Dr. Peter Szczekalla; Prof. apl. Dr. Carmen Thiele; RA Dr. Christian Hilbrandt; Prof. Dr. Walter Frenz; Prof. Dr. Ines Härtel; Clara Pira Machel and Gabriel N. Toggenburg.

The EU during Brexit

2020 ◽  
pp. 9-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
The European Union ◽  
Military Cooperation ◽  
Member States ◽  
Decision To Leave ◽  
Policy Initiatives ◽  
Eu Membership ◽  
The Future ◽  
The Uk ◽  
The Eu

This chapter analyses the European Union during Brexit, explaining how the EU institutions and Member States reacted to the UK’s decision to leave the EU. It outlines how they went about this in the course of the withdrawal negotiations. The EU institutions and Member States managed to adopt a very united stance vis-à-vis a withdrawing state, establishing effective institutional mechanisms and succeeding in imposing their strategic preferences in the negotiations with the UK. Nevertheless, the EU was also absorbed during Brexit by internal preparations to face both the scenario of a ‘hard Brexit’—the UK leaving the EU with no deal—and of a ‘no Brexit’—with the UK subsequently delaying exit and extending its EU membership. Finally, during Brexit the EU increasingly started working as a union of 27 Member States—the EU27—which in this format opened a debate on the future of Europe and developed new policy initiatives, especially in the field of defence and military cooperation.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

“Ruled Britannia”: Metaphorical Construction of the EU as Enemy in UKIP Campaign Posters

2020 ◽  
Vol 26 (1) ◽  
pp. 188-209
Author(s):  
Andrew S. Ross ◽  
Aditi Bhatia
Keyword(s):  
European Union ◽  
Social Impact ◽  
Discursive Construction ◽  
The European Union ◽  
Exit Strategy ◽  
The Past ◽  
The United Kingdom ◽  
Eu Membership ◽  
The Government ◽  
The Eu

The sweeping tide of populism across the globe has given rise to isolationist sentiments that call for the closing of national borders and a return to nativist roots. This has been most evident in Britain in terms of the controversial vote to exit the European Union (EU) during the 2016 referendum (to Leave or Remain) and more recently with the lead up to a general election and mounting pressure on the government to implement an exit strategy. The most vocal proponent of the “leave” movement was the United Kingdom Independence Party (UKIP), reframing the debate on EU membership in terms of invasion and oppression. This paper focuses on precisely this discursive construction of the EU by analyzing UKIP campaign posters through application of Bhatia’s Discourse of Illusion framework on three levels: historicity (use of the past to justify the present or predict the future), linguistic and semiotic action (subjective conceptualizations of reality made apparent through metaphorical rhetoric), and degree of social impact (emergence of delineating categories through ideological narrative).

Poland and the European Union

2018 ◽  
Author(s):  
Ireneusz Paweł Karolewski ◽  
Maciej Wilga
Keyword(s):  
European Union ◽  
Eastern Bloc ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Eu Foreign Policy ◽  
Membership Application ◽  
Eu Membership ◽  
Council Presidency ◽  
The Eu

Multifaceted in its character, the relationship between Poland and the European Union is now more than a quarter of a century old. After the breakdown of the Eastern bloc, Poland signed the Association Agreement with the then European Communities in December 1991, which led up to an EU membership application three years later. Not yet a member, the country had some impact on the Union in the Nice Treaty negotiations (2000–2001), as well as on the European Constitutional Convention proceedings (2001–2003). After a successful EU membership referendum in 2003, reflecting a great deal of societal support, Poland, along with nine other newcomers, became a fully-fledged member of the EU. Once within the bloc, Warsaw was at pains to develop a more coherent EU policy, as it often changed its positions between more collaborative approaches and veto threats, but also absolving a successful rotating EU Council presidency in 2011. The country collaborated with other member states in Central and Eastern Europe—in the Visegrád framework and with the older member states—through the Weimar Triangle, for example, however with sometimes mixed results. Poland has prioritized a number of issues in the EU such as the energy sector, security and defense, and the Eastern partnership, the latter focusing on the EU Eastern neighbors, including Ukraine and Belarus. In particular, during the Ukraine-Russia conflict of 2014–2015, Poland was one of most active actors in the EU foreign policy. However, since 2015 Poland has become a subject of controversy within the EU, regarding the rule of law standards that were criticized by the European Commission and Warsaw’s rejection of a relocation scheme in the EU refugee and migrant policy.

scholarly journals Demographic potential of the countries that have applied for the European Union membership

2012 ◽  
Vol 17 (17) ◽  
pp. 135-145
Author(s):  
Elżbieta Sojka
Keyword(s):  
European Union ◽  
Union Membership ◽  
Infant Mortality Rate ◽  
High Fertility ◽  
The European Union ◽  
Eu Member States ◽  
Eu Membership ◽  
High Fertility Rate ◽  
Demographic Potential ◽  
The Eu

Demographic potential of the countries that have applied for the European Union membership The purpose of the article is to analyse the demographic potential of the countries that have applied for the European Union membership against the background of the EU member states. The study involves eight candidate states: Croatia, Iceland, Macedonia, Montenegro, and Turkey, i.e. the countries that have been approved by the European Commission as official candidates for the EU membership, as well as Albania, Bosnia and Herzegovina, Serbia, i.e. the potential candidates. Albania and Serbia applied officially for the EU membership in 2009. Favourable population age structure and relatively high fertility rate that occur in these countries determine a significant demographic potential they can bring to the EU after their accession. Decrease in infant mortality rate and extension of life expectancy illustrate positive changes that have been taking place in these countries for the last several years.

The Fox and the Raven: The European Union and Hungary Renegotiate the Margins of “Europe”

2000 ◽  
Vol 42 (4) ◽  
pp. 847-875 ◽  
Author(s):  
József Böröcz
Keyword(s):  
European Union ◽  
The State ◽  
Soviet Bloc ◽  
The European Union ◽  
Full Membership ◽  
East European ◽  
Individual Candidate ◽  
The Individual ◽  
The Eu

A series of diplomatic exchanges has recently unfolded between the Hungarian government and the Commission of the European Union. The stakes are historic for the Hungarian side. Hungary formally applied for full membership in the European Union on March 31, 1994, the first country to announce such intentions among the successor states of the former Soviet bloc. Two years later, the Commission sent a lengthy questionnaire about the “state of the applicant” to all—by then, ten—central and east European applicant states. The Hungarian side filed its comprehensive response three months after the receipt of the questionnaire. The Commission waited until all responses were in and acknowledged the Hungarian answer in a document, issued another year later, whose purpose was to determine whether to recommend that the EU Council should start negotiations with the individual candidate countries about full membership.

scholarly journals THE MOLDOVAN BANK FRAUD (2012-2015). A process tracing analysis of the Moldovan $1 billion money laundering

2020 ◽  
pp. 96-107
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Secondary Analysis ◽  
Banking System ◽  
The European Union ◽  
Eu Membership ◽  
The Difference ◽  
The Republic ◽  
The Stability ◽  
The Eu

In the 2012-2015 period, $1 billion have been stolen from three Moldovan banks, which is the equivalent of 12% of the country’s GDP. The highly fraudulent environment in the RM allowed for the successful application of fraudulent schemes for three years, without it being seized and frozen. This paper seeks to decipher the schemes that were applied as well as argue how the integration into the European Union would have lowered the corruption and thereby prevent the fraud from happening. Even though several scholars discussed the bank fraud and how it affected the relationship between Moldova and the EU, they do not address how the steps of integration into the European Union could gradually regulate the level of corruption in the RM and subsequently eliminate the possible methods of committing the bank fraud. Through a comparative analysis of Romania and the Republic of Moldova, I aim to demonstrate that the difference between the level of corruption and the stability of the banking system in these two countries is due to EU membership. Further, through secondary analysis of qualitative data, and semi-constructed interviews, I conclude that, in theory, my argument holds – the instruments the EU applies on the candidate countries would not have allowed the fraudulent schemes to be put into action. However, the EU failed to apply the conditionality concept on Romania and thus, it is possible that the money laundering in the RM could have happened even if it had been a member of the EU.

Sign in / Sign up

Export Citation Format

Share Document