scholarly journals Taking European defence seriously: The naval operations of the European Union as a model for a Security and Defence Union

2018 ◽  
pp. 157-183 ◽  
Author(s):  
Carlos Espaliú Berdud

The two naval operations set up until now by the EU, Atalanta and Sophia, have demonstrated a growing level of consensus and willingness by Member States, a great number of which participating in both operations. Furthermore, and more clearly in the case of Atalanta but also in the first stages of Sophia, it can be said that these CSDP activities have been highly successful, taken into consideration the level of accomplishment of their respective goals. Having shown its potential, the launching of naval operations in crisis management could be seen as a step forward in the creation of a Security and Defence Union. Therefore, the next step in European integration regarding security matters can be the implementation of the Permanent Structured Cooperation anticipated in Article 42.2 and 46 of TEU and developed in Protocol No 10 annexed to the Lisbon Treaty. That achievement would be the landmark that would generate the nucleus from which a Security and Defence Union can emergeReceived: 14 December 2017Accepted: 10 January 2018Published online: 28 March 2018

Author(s):  
Dieter Grimm

This chapter examines the question of who is sovereign in the relationship between the European Union and its Member States. It first considers the relevance of the debate over sovereignty in the EU and the development of the concept of sovereignty, paying attention to public powers form the substance of sovereignty, Jürgen Habermas’ theory of dual sovereignty, and the relevant provisions of the Lisbon Treaty. It then explores the problem of whether one should maintain the concept of sovereignty or recognize that the era of post-sovereignty has begun. It argues that it makes sense to address the question of who is sovereign in the EU, suggesting that the answer will determine the future course of European integration. It also analyses which concept of sovereignty is best suited to understand and explain the EU.


Author(s):  
Nigel Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.


Author(s):  
Nigel Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.


2014 ◽  
Vol 15 (7) ◽  
pp. 1223-1255 ◽  
Author(s):  
Miroslava Scholten ◽  
Marloes van Rijsbergen

Although not explicitly regulated by the EU treaties, EU agencies not only exist but also have increased in number and power. In addition, while EU agencies may exercise very similar functions to those of the Commission, Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU) do not list agencies among the possible authors of non-legislative acts. The existing situation raises the questions of the extent to which the ongoing agencification in the EU is legitimate and what its limits are. This article addresses these questions in the light of the old and new Treaties and case law, including the just releasedESMA-shortsellingcase. It shows that while the Lisbon Treaty made a few steps forward on the road of legitimizing EU agencies and delegating important powers to them, the scope of powers that EU agencies can have remains unclear. In this respect, the European Court of Justice's lenient approach in theESMA-shortsellingcase is unfortunate because it neither clarifies the issue nor pushes the Union Legislator and the Member States to address it. Consequently, in the absence of clear limits, further agencification is likely to persist at the risk of increasing the democratic legitimacy deficit and remaining accountability gaps.


Author(s):  
Luísa Verdelho Alves

On December 13, 2007, the Member States of the European Union (EU) signed in Lisbon a treaty amending the founding Treaties of the EU. After a troubled ratification process, due to the adverse outcome of a national referendum in Ireland, the Lisbon Treaty finally entered into force on December 1, 2009, defining a new trajectory for the EU integration process. The present article addresses the possible implications of the recent EU treaty reform to the accession of Turkey to the EU. To that end, I propose an analysis of the modifications introduced in the institutional framework of the Union and I inquire whether the legal change at this level is capable of influencing the attitude of the current Member States concerning the accession of Turkey to the EU.


Author(s):  
Dionysios Stivas

Currently, the European Union (EU) is dealing with an unprecedented refugee crisis which has been blamed for bringing the process of the EU integration to an impasse. By applying theories of European (dis)integration, this paper assesses the extent to which the current refugee crisis constitutes an impediment to the future of the European Union. This paper’s analysis is constructed around two hypotheses: (1) the refugee crisis triggered Brexit and the failure of the EU’s relocation scheme, symptoms of the EU’s disintegration; (2) the refugee crisis has a dual potential: to simultaneously promote the deeper integration and the disintegration of the EU. To test these hypotheses, this paper examines if and how the refugee crisis is related to Brexit and whether the rebellious reaction of certain EU member states to the implementation of the EU relocation scheme is a sign of reversal in the process of EU integration.


Author(s):  
Andrii Martynov

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.


Author(s):  
Kees van Kersbergen ◽  
Bertjan Verbeek

Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.


Author(s):  
Emanuele Massetti ◽  
Arjan H. Schakel

Regionalist parties are political actors that emphasize distinct ethno-territorial identities and interests vis-à-vis those of the entire state, advocating some forms of territorially based self-government in a view to protect, give voice to, and enhance those identities and interests. The tense relationships that these political actors often have with the central institutions leads them, in the European Union (EU) context, to identify the EU as a potential ally in their struggle against the state. Indeed, the EU system of multilevel governance, in which regional governments have obtained a considerable role, is also the result of a combined effect of regionalist parties’ pressure on member states from below and the process of European integration creating a favorable political framework from above. This putative alliance was celebrated, during the 1980s and 1990s, with the Maastricht Treaty representing a pivotal moment for the launch of the vision of a “Europe of the Regions.” However, the EU constitutional reforms of the 2000s (from the Treaty of Nice to the Treaty of Lisbon) fell rather short vis-à-vis regionalist claims, revealing the “illusionary character” of the “Europe of the Regions” idea. Since then, attempts to achieve “Independence in Europe” (through “internal enlargement”) have intensified in regions governed by strong and radical regionalist parties, such as in Catalonia and Scotland. These secessionist attempts have added further strain to an already under-stress EU political system. Indeed, far from acting as an ally of regionalist forces, the EU appears to have straddled between the role of a neutral observer and a supporter of member states’ territorial integrity.


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