Belgium on the Road to Confederation: Problems and Prospects

2021 ◽  
Vol 65 (7) ◽  
pp. 80-88
Author(s):  
T. Zvereva

The article is about the Belgian federal system transformation, as well as the factors that aggravate or, on the contrary, restrain the centrifugal trends in the country. The specific nature of Belgian federalism determines its evolution from federation to confederation, but the answer to the question about the prospects of this transformation remains open. On the one hand, the Belgian Kingdom history, its geographical location, as well as economic and cultural-linguistic features predetermined the existence and deepening of dividing lines between the two main ethnic communities in the country – the Walloons and the Flemings. Decentralization, as a response to the aggravation of interethnic contradictions, allows political elites to partially control the process and minimize, as far as possible, the costs of this conflict of interest for the economy and the population, but at the same time, it feeds centrifugal tendencies. Reforms do not remove the problem of separatism from the agenda, but, vice versa, give the regions and communities all the necessary resources, reducing the central authorities’ competences. Each reform creates the basis for the next redistribution of power. The logic of the decentralization process predefines the dual, asymmetric, dissociative and improvisational nature of the federal system of Belgium, and contributes to its extreme complication. The main drivers of centrifugal tendencies remain Flemish nationalists when the institutions and mechanisms designed to unite the country do not function effectively enough. On the other hand, the scenario of a complete collapse of the Belgian federation is not something predetermined and inevitable. There are still internal and external factors unifying Belgians (the Senate, the King, the absence of a provision for a national referendum in the constitution, a special place in the federation of the Brussels-Capital region, the country’s membership in the EU), but their influence on the entire system is gradually decreasing. Belgium’s active participation in the European integration contributing to creation of a highly developed modern economic system and high living standards, as well as stable GDP growth (with exception of crisis periods), play an important role in stabilizing the Belgian federation. So, the European Union prevents a rapid development of separation process, but does not change its main trends. The EU accompanies the Belgian federal system transformation, in order to reduce its costs for society and the European integration, but does not set the task of inversing its evolution. At the same time, the unstable political situation in the country has a certain negative impact on the European integration, exacerbating the complexity of the decision-making process within the EU. The coronavirus pandemic became a catalyst for controversial political processes in Belgium, brought renewal of the social and environmental contract and a new view of European solidarity. However, the pandemic highlighted the main shortcomings of the existing federal system. The dissociation of the federation and its drift to a confederation is a peaceful and slow process, but the country’s unifying factors are gradually eroding. It is not yet clear whether and when a full-fledged confederate system will be created and the separation will be stopped, or whether the confederation will become the next stage on the Belgium’s way to the final division. It is impossible to completely exclude a rollback scenario of the strong federation restoration while reducing competencies of regions and communities, but it is obvious that its probability is extremely small.

Author(s):  
Tetjana Humeniuk

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.


Author(s):  
John McCormick

The European Union (EU) has become a critical new actor on the global stage, containing twenty-seven member states (with more considering membership) and nearly 500 million people. With its origins in postwar efforts to promote peace, security, and economic reconstruction in Europe, the EU constitutes a new level of authority above that of the member states and has overseen the building of a European single market, the launch of the euro, and the development of common (or coordinated) policies on agriculture, the environment, trade, regional development, external relations, immigration, and a wide variety of other issues. But the jury is still out on the personality of the EU and the wisdom of European integration, some praising its achievements but others regarding it as undemocratic and a threat to the sovereignty of its member states. The literature on the EU has grown exponentially since the late 1980s, as scholars and other analysts struggle to understand both the dynamics and the implications of European integration. This entry offers a taste of the range of topics within the literature, with sections on the theory and principles of integration, the history of the EU, its major institutions, political processes, and key areas of policy activity.


Author(s):  
Johann P. Arnason

Different understandings of European integration, its background and present problems are represented in this book, but they share an emphasis on historical processes, geopolitical dynamics and regional diversity. The introduction surveys approaches to the question of European continuities and discontinuities, before going on to an overview of chapters. The following three contributions deal with long-term perspectives, including the question of Europe as a civilisational entity, the civilisational crisis of the twentieth century, marked by wars and totalitarian regimes, and a comparison of the European Union with the Habsburg Empire, with particular emphasis on similar crisis symptoms. The next three chapters discuss various aspects and contexts of the present crisis. Reflections on the Brexit controversy throw light on a longer history of intra-Union rivalry, enduring disputes and changing external conditions. An analysis of efforts to strengthen the EU’s legal and constitutional framework, and of resistances to them, highlights the unfinished agenda of integration. A closer look at the much-disputed Islamic presence in Europe suggests that an interdependent radicalization of Islamism and the European extreme right is a major factor in current political developments. Three concluding chapters adopt specific regional perspectives. Central and Eastern European countries, especially Poland, are following a path that leads to conflicts with dominant orientations of the EU, but this also raises questions about Europe’s future. The record of Scandinavian policies in relation to Europe exemplifies more general problems faced by peripheral regions. Finally, growing dissonances and divergences within the EU may strengthen the case for Eurasian perspectives.


2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.


Author(s):  
Iryna Butyrska

The author proves that the successful stability of independent Slovenia contributed to a number of factors, existing since its being incorporated in the SFRY. The factor, uniting the state has become the common goal – the aspiration to join the EU. The process of the European integration contributed to the modernization of a number of spheres, in particular social, cultural and economic ones. The global financial and economic crisis has revealed the turmoil in the economy of the state and its leadership was forced to gradually reduce a significant part of social privileges for the population. This caused the tension in the society and reduced the level of the national unity, having a negative impact on people’s wellbeing. However, since 2014, the Prime Minister M. Cherar has been trying to restore people’s trust in the state. The situation is getting better; indicators of trust in government are increasing, which also points to state capacity and political regime stability in Slovenia. Keywords: Slovenia, state stability, social sphere, government


Author(s):  
Catherine E. De Vries

The European Union (EU) is facing one of the rockiest periods in its existence. At no time in its history has it looked so economically fragile, so insecure about how to protect its borders, so divided over how to tackle the crisis of legitimacy facing its institutions, and so under assault by Eurosceptic parties. The unprecedented levels of integration in recent decades have led to increased public contestation, yet at the same the EU is more reliant on public support for its continued legitimacy than ever before. This book examines the role of public opinion in the European integration process. It develops a novel theory of public opinion that stresses the deep interconnectedness between people’s views about European and national politics. It suggests that public opinion cannot simply be characterized as either Eurosceptic or not, but rather that it consists of different types. This is important because these types coincide with fundamentally different views about the way the EU should be reformed and which policy priorities should be pursued. These types also have very different consequences for behaviour in elections and referendums. Euroscepticism is such a diverse phenomenon because the Eurozone crisis has exacerbated the structural imbalances within the EU. As the economic and political fates of member states have diverged, people’s experiences with and evaluations of the EU and national political systems have also grown further apart. The heterogeneity in public preferences that this book has uncovered makes a one-size-fits-all approach to addressing Euroscepticism unlikely to be successful.


2015 ◽  
Vol 23 (1) ◽  
pp. 97-125
Author(s):  
Martin Kuta

The paper deals with the European dimension of the competition and contention between Czech political parties and argues that domestic party interests undermine the formal oversight of EU politics by the Czech national parliament. Within the current institutional arrangements, national political parties assume stances – which are expressed through voting – towards the European Union (and European integration as such) as they act in the arena of national parliaments that are supposed to make the EU more accountable in its activities. Based on an analysis of roll-calls, the paper focuses on the ways the political parties assume their stances towards the EU and how the parties check this act by voting on EU affairs. The paper examines factors that should shape parties’ behaviour (programmes, positions in the party system, and public importance of EU/European integration issues). It also focuses on party expertise in EU/European issues and asserts that EU/European integration issues are of greater importance in extra-parliamentary party competition than inside the parliament, suggesting a democratic disconnect between voters and parliamentary behaviour. The study's empirical analysis of the voting behaviour of Czech MPs also shows that the parliamentary scrutiny introduced by the Lisbon Treaty is undermined by party interests within the system.


2011 ◽  
Vol 20 (2) ◽  
pp. 21-42 ◽  
Author(s):  
Marysia Galbraith

The paper explores ways in which individuals make use of the opportunities and resources provided by the European Union (EU), and how such instrumentalities can make the concept of Europe more salient for citizens. This is important to European Union studies generally because careful observation and analysis of everyday engagements can help to reveal the basis upon which the EU gains legitimacy, or, alternatively, the grounds for resistance to further integration. Through an examination of Poles' experiences of mobility, and their reflections about crossing national borders to work and travel, the paper shows that instrumentality is not just motivated by economic interests, but also by the desire to advance culturally, socially and symbolically within a global imaginary of hierarchically ranked nations. As such, support for European integration tends to weaken in situations where ongoing inequalities and exclusions lead to perceptions of social demotion. Further, instrumentalities can deepen meaningful engagement with the EU in ways that also reassert national loyalties.


2020 ◽  
Vol 45 (2) ◽  
pp. 146-153
Author(s):  
Valeriі Rіeznikov

Since the beginning of 2020, there have been crisis phenomena around the world due to the global slowdown in economic growth and the introduction of quarantine due to the coronavirus pandemic. In this situation, the most vulnerable are developing countries with a small margin of safety, which, unfortunately, also applies to Ukraine, whose economy is open and highly dependent on external markets. Due to the slowdown in the growth of the global economy, the situation in one of the main export industries of Ukraine – industry is deteriorating first of all. The European Union has become one of the important export markets for Ukraine’s industrial products in recent years, which has raised the issue of shaping a relevant state industrial policy in today’s challenging environment. The purpose of the article is to determine the directions of formation and implementation of state industrial policy in the conditions of European integration of Ukraine in modern conditions. In 2020, due to the economic crisis and the pandemic of the coronavirus, the Ukrainian industry may lose even more due to low demand for ferrous metals in world markets, including in EU countries. The Agreement on Conformity Assessment and Acceptance of Industrial Products is a way of eliminating technical barriers to trade between Ukraine and the EU. The Agreement on Conformity Assessment and Acceptance of Industrial Products is a type of mutual recognition agreement that requires a partner country to align its legislation, practices and infrastructure with EU rules.It is envisaged that in the sectors covered by this Agreement, Ukrainian exporters will be able to label their products with the CE mark and to sell them freely on the EU market without additional EU certification. Potentially, the Agreement on Conformity Assessment and Acceptance of Industrial Products could cover up to a fifth of Ukraine’s exports to the EU, notably mechanical engineering products. The formation and implementation of state industrial policy in the conditions of European integration of Ukraine should take place using the following algorithm:1. Study of the new EU Regulation 2019/1020 of 20.06.2019 on market surveillance and conformity of products and elaboration of relevant amendments to the legislation of Ukraine.2. Concentration of the function of legal coordination of draft regulatory acts (including technical regulations) aimed at implementing the Association Agreement and preparation for the Agreement on Conformity Assessment and Acceptance of Industrial Products in one state instance, equipped with specialized personnel with adequate knowledge of EU law and languages.3. Strengthening the requirements for the accreditation and oversight process for accredited bodies, as well as the process of designating and monitoring conformity assessment bodies to ensure that their technical competence is adequate and to prevent fraud and the use of fraudulent practices.4. In the absence of a rapid prospect of concluding an Agreement on Conformity Assessment and Acceptance of Industrial Products, the harmonization of procedures and requirements that are too burdensome for exporters and importers, first and foremost.5. Paying particular attention to capacity building of state market surveillance authorities.6. Raising awareness of business entities and enhancing the role of business associations in raising such awareness.7. Increasing the EU’s interest in providing Ukraine with effective technical assistance for the development of legislation and the proper functioning of quality infrastructure and market surveillance authorities. Introduce the position of Deputy Prime Minister for Industry and launch support programs for the real economy. Thus, Ukraine’s further integration with the European Union is largely linked to the formulation and implementation of relevant industrial policy, which should be to continue reforming all sectors of the economy, in particular, to modernize the industrial complex. And the signing of the Agreement on Conformity Assessment and Acceptance of Industrial Products in the three priority sectors («industrial visa waiver») in the medium term should become one of the main foreign economic priorities of Ukraine’s European integration in the face of the current challenges of today.


Res Publica ◽  
2021 ◽  
Author(s):  
Aliénor Ballangé

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.


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