scholarly journals IMPACT OF POLITICIZATION OF THE EUROPEAN COMMISSION ON THE FUNCTIONING OF THE EUROPEAN UNION

2019 ◽  
pp. 58-66
Author(s):  
M.V. Buromenskiy ◽  
P.V. Otenko
Keyword(s):  
European Union ◽  
International Law ◽  
Maastricht Treaty ◽  
Democratic Deficit ◽  
The European Union ◽  
Negative Consequences ◽  
Political Processes ◽  
Definition Of ◽  
Eu Commission ◽  
The Eu

Complex and comparative analysis of the election and nomination procedure of Commissioners and the President of the EU Commission has been made from the date of creation of the High Authority within the European Coal and Steal Community until the establishment of the modern EU Commission in accordance with the last amendments that have been made by the Lisbon Treaty. It is proved that due to the entering into force of the Maastricht Treaty, sharpening of the «democratic deficit» problem and because of other political processes at the beginning of 1990’s within the European Communities, European Parliament obtained ample powers and leverage on the functioning, election and nomination procedure of Сommissioners and the President of the EU Commission. It is emphasized that election and nomination procedure of Commissioners and the President of the EU Commission is sufficiently politicized and bureaucratized at the contemporary stage of the existence of the European Union. The definition of the phenomenon «politicization of the EU Commission» has been specified. It is outlined that the phenomenon of politicization of the EU Commission has both positive and negative consequences on the EU Commission and the EU as a whole. It is established that «politicization» of the EU Commission may cause disruption of the cornerstone principles on which the EU has been created, first of all those principles that are related to the theory of functionalism in International Law.

The EU in Search for Stronger Enforcement Rules: Assessing the Proposed Amendments to Trade Enforcement Regulation 654/2014

2020 ◽  
Vol 23 (4) ◽  
pp. 865-884
Author(s):  
Wolfgang Weiß ◽  
Cornelia Furculita
Keyword(s):  
European Union ◽  
International Law ◽  
World Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Third Parties ◽  
The European Union ◽  
Political Implications ◽  
Eu Commission ◽  
The Eu

Abstract Considering the new focus of the European Union (EU) trade policy on strengthening the enforcement of trade rules, the article presents the proposed amendments to the EU Trade Enforcement Regulation 654/2014. It analyzes the EU Commission proposal and the amendments suggested by the European Parliament Committee on International Trade (INTA), in particular with regard to uncooperative third parties and the provision of immediate countermeasures. The amendments will be assessed in view of their legality under World Trade Organization (WTO), Free Trade Agreement (FTA), and general international law and in view of their political implications for the EU’s multilateralist stance. Finally, the opportunity to amend Regulation 654/2014 to use it for the enforcement of FTA trade and sustainable development chapters will be explored. The analysis shows that the shift towards more effective enforcement should be pursued with due care for respecting existing international legal commitments and with more caution to multilateralism.

The Democratic Deficit of the European Union: Towards Closer Cooperation between the European Parliament and the National Parliaments

1994 ◽  
Vol 29 (3) ◽  
pp. 299-314 ◽  
Author(s):  
Karlheinz Neunreither
Keyword(s):  
Decision Making ◽  
European Union ◽  
Democratic Deficit ◽  
Central Authority ◽  
The European Union ◽  
National Parliaments ◽  
Definition Of ◽  
National Governments ◽  
Democratic Norms ◽  
The Eu

During Recent Years, The Notion of The Democratic deficit has become, together with subsidiarity, or transparency, one of the most popdar subjects for conferences on European Union. While almost everyone seems to agree that a democratic deficit exists, it is far from certain that there is a general understanding of what is meant by it.The most radical meaning would be that the European Union (EU) as such is undemocratic and that its decision-making does not correspond to democratic norms. Quite often when national governments have to explain unpopular decisions of the EU, responsibility for these uncomfortable situations is attributed to a faceless monster, the ‘Brussels bureaucracy’. The assumption is that a very strong central authority exists which embodies the power of decision-making and that democratic accountability of this central authority either does not exist or at least is not sufficiently guaranteed. In other words, the EU institutional system does not comply with democratic norms. This is by far the most extreme definition of a democratic deficit.

24. Democracy and Legitimacy in the European Union

2016 ◽  
Author(s):  
Stijn Smismans
Keyword(s):  
Decision Making ◽  
European Union ◽  
Maastricht Treaty ◽  
First Century ◽  
Democratic Deficit ◽  
The European Union ◽  
Constitutional Treaty ◽  
Current Economic Crisis ◽  
The Impact ◽  
The Eu

This chapter examines the extent to which decision-making in the European Union can be considered democratic and legitimate. It first considers the ‘permissive consensus’ on which the initial stages of European integration were based before discussing how the European democratic deficit emerged as an important issue of debate during the 1990s after the Maastricht Treaty had transferred considerable powers to the EU. It shows that the main solution to the democratic deficit has been inspired by the parliamentary model of democracy and involves strengthening the European Parliament. The chapter also explores how the governance debate at the start of the twenty-first century broadened the conceptual understanding of democracy in the EU. It concludes by assessing the impact of the Constitutional Treaty and the Lisbon Treaty on EU democracy and suggesting that the current economic crisis is likely to exacerbate the EU's legitimacy problems.

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.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

scholarly journals Characteristics of Models of Farms in the European Union

2021 ◽  
Vol 13 (9) ◽  
pp. 4772
Author(s):  
Hanna Klikocka ◽  
Aneta Zakrzewska ◽  
Piotr Chojnacki
Keyword(s):  
European Union ◽  
Minimum Wage ◽  
Large Scale ◽  
The European Union ◽  
Family Farms ◽  
Agricultural Income ◽  
Commercial Farms ◽  
Standard Output ◽  
Definition Of ◽  
The Eu

The article describes and sets the definition of different farm models under the categories of being family, small, and large-scale commercial farms. The distinction was based on the structure of the workforce and the relationship between agricultural income and the minimum wage. Family farms were dominated by the farming family providing the labour and their income per capita exceeded the net minimum wage in the country. The larger commercial farms feature a predominance of hired labour. Based on surveys, it was found that in 2016 in the EU-28 there were 10,467,000 farms (EU-13—57.3%, EU-15—42.7%). They carried out agricultural activities on an area of 173,338,000 ha (EU-13—28.5%, EU-15—71.5%). Countries of the EU-28 generated a standard output (SO) amounting to EUR 364,118,827,100 (EU-13—17.2% and EU-15—82.8%). After the delimitation, it was shown that small farming (70.8%) was the predominant form of management in the European Union (EU-13—88.2% and EU-15—79.8%) compared to family farming (18.4%) (EU-13—10.5% and EU-15—29%). In most EU countries the largest share of land resources pertains to small farms (35.6%) and family farms (38.6%) (UAA—utilised agricultural area of farms).

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 Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

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