scholarly journals Law and Identity in the European Integration

2021 ◽  
Vol 60 (3) ◽  
pp. 227-235
Author(s):  
János Martonyi
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Roman Law ◽  
European Identity ◽  
Cultural Dimension ◽  
European Law ◽  
Core Element ◽  
Member States ◽  
Legal Norms ◽  
The Core

The successful continuation of the European integration process depends, to a large extent, on the restoring the equilibrium among the various dimensions, such as the economic, the political and the cultural dimension of the process. This rebalancing should primarily focus upon the upgrading of the relatively neglected cultural area of the European construction. The qualitative upgrading of the cultural dimension must be based upon the strengthening of the European identity, which itself is an indispensable precondition of the development of a stronger Europe. Law is not only the main instrument of the economic, political and institutional integration but also a core element of European identity based upon Roman law and on the legacy of European history. Rule of law is universal and it has to be respected on all levels, international, European and national. The traditional strict, ‘kelsenian’ hierarchy of legal norms has been substantially loosened but not exclusively due to the emergence of European law. The geometric order of legal norms has become heterarchic and the neat ranking of the different levels as well as the absolute primacy based upon that ranking has been questioned. This refers equally to the relationship between international law and European law and between European law and the national laws of the Member States. Both the principle of the autonomy of European law and the constitutional identity of the Member States aim at protecting the core principles of the European, respectively, the laws of the Member States. The rule of law does not presuppose a neat hierarchy of legal norms. However, it requires an orderly structure, where the precise area covered by the core principles taking precedence over the rules of international or of European law are defined in a clear and foreseeable manner. While a perfect order can never be established, legal certainty and ultimately rule of law, a core element of European identity, could be substantially strengthened by mutual empathy and understanding as well as by continuous and effective dialogue, consultation and concertation between the various levels of rule making and, in particular, of judiciaries.

Title XII Education, Vocational Training, Youth and Sport

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
European Integration ◽  
Vocational Training ◽  
Nation State ◽  
Member States ◽  
The Core ◽  
The Eu ◽  
Laws And Regulations

Title XII deals with EU competences in the fields of education, vocational training, youth, and sport. According to Article 6 TFEU, these four areas qualify among those where the EU has the power to ‘support, coordinate or supplement the actions of the Member States’, meaning that the EU’s role is limited to a secondary one and that harmonization of national laws and regulations is excluded. As we shall see, however, this has not prevented a significant amount of European integration taking place in these very areas that are often considered to belong to the core tasks of the nation state.

scholarly journals How Far Is It from Warsaw to Luxembourg and Karlsruhe: The Impact of the PSPP Judgment on Poland

2020 ◽  
Vol 21 (5) ◽  
pp. 1104-1115
Author(s):  
Stanisław Biernat
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Impact

AbstractA concern was voiced in commentaries after the PSPP judgment that the BVerfG’s position regarding the refusal to apply in Germany the CJEU judgment as issued on an ultra vires basis might be used in EU Member States infringing the rule of law, and the independence of the judiciary in particular. This issue is presented in relation to Poland. The article sets out the constitutional provisions which proclaim openness to European integration, as well as the union-friendly case-law of the Constitutional Tribunal (CT) until 2016. The CT jurisprudence at that time provided, however, for the possibility of refusing to apply EU law in exceptional situations, even though this never happened. Next, the article discusses endeavors of the new Polish authorities since the end of 2015 which drastically breach the rule of law in the field of the judiciary, as well as the measures taken by EU institutions to counteract these adverse phenomena. The Polish authorities argue that the competence to define the legal position of the judiciary has not been conferred on the Union and remains within the exclusive competence of the Member States. Such a stance was also taken by the politically dependent CT in April 2020. The PSPP judgment was therefore welcomed with joy by Polish politicians. There are major differences, however, between the rulings of the BVerfG and those of the Polish CT in its current composition, and the hopes pinned on the PSPP judgment by the Polish authorities are unfounded.

Il "valore aggiunto" di un approccio storico allo studio delle politiche comunitarie

2009 ◽  
pp. 5-15
Author(s):  
Ariane Landuyt
Keyword(s):  
European Integration ◽  
Social Dynamics ◽  
European Identity ◽  
The Core ◽  
European Institutions ◽  
History Of ◽  
Eu Policies ◽  
Methodological Problems ◽  
Definition Of ◽  
Object Of Study

- This paper deals with analytical and methodological problems which are currently at the core of historical studies about European integration. It also reminds that history of European integration went through different periods which fostered various thematic conceptualizations. Indeed, the "essence" of the European construction, as a diachronic and in fieri process, furthered a renew of the object of study, gradually widening its importance, enriching and renewing historiographical interpretations. The definition of research lines about origins and development of EEC/EU policies, in particular those "second generation" policies promoted since the beginning of the Seventies, is placed in a complex historiographical background. The author shows the reasons to study this topic through a diachronic approach, highlighting that policies are fundamental to understand properly many relevant political and social dynamics at national, infranational, European and also international level.Parole chiave: Integrazione europea; storiografia integrazione europea; identitŕ europea; politiche comunitarie; istituzioni europee; governance multilivel European Integration; European Integration Historiography; European Identity; EEC/EU policies; European Institutions; Multilevel Governance

European Law as Transnational Law – Europe Has to Be Conceived as an Heterarchical Network and Not as a Superstate!

2009 ◽  
Vol 10 (10) ◽  
pp. 1357-1365 ◽  
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Direct Relationship ◽  
The State ◽  
Public Deliberation ◽  
European Law ◽  
The European Union ◽  
Core Element ◽  
The Core ◽  
The One ◽  
The Individual ◽  
The Relationship

Due to the Europeanisation of law, and the constitutionalisation of the European Union in particular, the Habermas argument seems to be quite appealing to many. Globalisation is interpreted as having curbed the State's capability to impose norms on the transnational process of expanding markets. This evolution seems to have not only reduced the action potential of the State but, at the same time and even more importantly, it also has reduced the value of citizenship. Citizenship can no longer be the core element of the relationship between the individual and the State in the postmodern society. It cannot be constituted via a direct relationship with the State, which at the same time constitutes the realm of deliberation because the diffuse networks of transnational inter-relationships beyond the State cannot be reflected by the process of public deliberation. The space of the State is, on the one hand, too small. On the other hand, it may appear to be too big. Against this background Europe cannot be regarded as the bearer of the European acquis étatique (the acquired state).

scholarly journals Analyzing the cross-national comparability of party positions on the socio-cultural and EU dimensions in Europe

2020 ◽  
pp. 1-11
Author(s):  
Ryan Bakker ◽  
Seth Jolly ◽  
Jonathan Polk
Keyword(s):  
Political Parties ◽  
European Integration ◽  
Cultural Dimension ◽  
The European Union ◽  
The Core ◽  
Chapel Hill ◽  
Party Positions ◽  
Common Scale ◽  
The Eu ◽  
Cross National

Abstract Using survey vignettes and scaling techniques, we estimate common socio-cultural and European integration dimensions for political parties across the member states of the European Union. Previous research shows that party placements on the economic left-right dimension are cross-nationally comparable across the EU; however, the socio-cultural dimension is more complex, with different issues forming the core of the dimension in different countries. The 2014 wave of the Chapel Hill Expert Survey included anchoring vignettes which we use as “bridge votes” to place parties from different countries on a common liberal/authoritarian dimension and a separate common scale for European integration. We estimate the dimensions using the Bayesian Aldrich–McKelvey technique. The resulting scales offer cross-nationally comparable, interval-level measures of a party's socio-cultural and EU ideological positions.

The Democratic Dimension of European Integration

1992 ◽  
Vol 27 (4) ◽  
pp. 407-413
Author(s):  
Egon A. Klepsch
Keyword(s):  
European Integration ◽  
European Community ◽  
Ad Hoc ◽  
State Power ◽  
European Law ◽  
European Level ◽  
Member States

SINCE 1952, THAT IS SINCE THE SETTING UP OF THE FIRST European Community for Coal and Steel, there have been two views of European integration: the first regards and continues to regard European integration as the removal of state powers from the national administrations in specific sectors. This deliberately restrictive approach, with its overriding concern for efficiency, considers it is enough to limit the activities of national bureaucracies at European level. The view is that to a large extent one can do without the control and safeguard mechanisms which are usually built into the exercise of state power in all our member states. One eminent proponent of this view, Professor Ispen, an expert on German cotstitutional and European law, has described this form of integration, and the European Community it has produced, as an ad hoc association.The second view is also based on removing the exercise of state power from the national administrations in certain restricted areas. However it is not satisfied with a technocratic and bureaucratic approach but is concerned to preserve hard-won rights in the area of the control and exercise of sovereignty. I am of course thinking here first of all of the democratic element. Those who belong to this school of thought can cite the text of the Treaties establishing the European Communities in support of their view: the Preamble to the ECSC Treaty refers to ’… the basis for a broader and deeper Community among peoples …’. The Preamble to the EEC Treaty speaks of laying ‘the foundations for an ever-closer union among the peoples of Europe’.

scholarly journals “The Rule of Law Mechanism” and the Hungarian and Polish Resistance: European Law Against National Identity?

2021 ◽  
Vol 14 ◽  
pp. 49-67
Author(s):  
Christoph J. Schewe ◽  
◽  
Thomas Blome ◽  
Keyword(s):  
Rule Of Law ◽  
Economic Recovery ◽  
Adoption Process ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
The World ◽  
The Eu

Similarly to the rest of the world, the COVID-19 pandemic has also hit the European Union (EU) severely. In order to foster the process of the economic recovery of EU Member States, the EU Member States agreed on a financial aid package combined with a regulation – the conditionality mechanism – that provided for financial sanctions in the event of a breach of the rule of law. Given that the positions of Poland and Hungary in the adoption process of this regulation caused a controversy, this article examines general questions on the rule of law, the regulation and the background to the controversy.

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.

5. European Law I

2021 ◽  
pp. 150-192
Author(s):  
Robert Schütze
Keyword(s):  
Direct Effect ◽  
International Agreements ◽  
European Law ◽  
Direct Effects ◽  
Member States ◽  
Legal Norms ◽  
Internal Instruments ◽  
The Eu

This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union's legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union's internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.

5. European Law I

2021 ◽  
pp. 151-192
Author(s):  
Robert Schütze
Keyword(s):  
Direct Effect ◽  
International Agreements ◽  
European Law ◽  
Direct Effects ◽  
Member States ◽  
Legal Norms ◽  
Internal Instruments ◽  
The Eu

This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union’s legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union’s internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.

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