scholarly journals The emerging culture of EU citizenship as “citizenship of rights” and the legal nature of the EU polity

2016 ◽  
Vol 2 ◽  
pp. 140-154
Author(s):  
Alessandra Silveira ◽  
Claudia McKenny Engström
Keyword(s):  
Legal Status ◽  
Fundamental Rights ◽  
The European Union ◽  
Integration Process ◽  
Eu Integration ◽  
Legal Nature ◽  
Low Expectations ◽  
The Status ◽  
Emerging Culture ◽  
The Eu

The current European crisis shows a crucial disjunction between the expectations of EU citizens and the institutional forms of political integration available to them. The crisis imposes challenges to the EU integration process, which sees its legitimacy questioned, above all in the eyes of the citizens of Member States undergoing intervention, who live with harsh restrictions and low expectations of improvement. EU citizens have never been so attentive to the developments of the EU integration – as testifies the rejection demonstrated in May 2014 elections to EU Parliament, now counting over 100 anti-EU voices. In this context, it is important to scrutinize whether the developing of an EU citizenship as “citizenship of rights” could perform some role in this scenario, putting it into perspective in order to grasp its effects on the legal nature of the EU polity. The status of EU citizenship is constructed around the paradigm of individual rights. Being an EU citizen basically means one is the holder of rights protected by the EU legal order – especially fundamental rights. Therefore, it is important to know to what extent the culture of rights has been strengthened by the change legal status of the Charter of Fundamental Rights of the European Union (CFREU) following the entry into force of the Lisbon Treaty in December 2009.1 In short, the text aims at knowing in which measure the fundamental rights dynamics in times of crisis affect the EU integration process itself.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

The Integration of Bosnia and Herzegovina Into the European Union

2022 ◽  
pp. 244-259
Author(s):  
Sead Turcalo ◽  
Elmir Sadikovic ◽  
Elvis Fejzic
Keyword(s):  
Bosnia And Herzegovina ◽  
Strong Influence ◽  
Economic Transition ◽  
Democratic Process ◽  
The European Union ◽  
Integration Process ◽  
Eu Integration ◽  
Eu Membership ◽  
Internal Politics ◽  
The Status

This chapter focuses on the analysis of the EU integration process of Bosnia and Herzegovina, dealing with the internal and external political challenges that country is facing on its path towards aspired EU membership. As one of the main internal challenges, the authors recognize a very pronounced ethnocracy and leaderocracy that captures democratic process, making the country unstable and unable to fulfill criteria even to achieve the status of candidate for EU membership. Furthermore, there is a strong influence of the neighboring countries, which were involved in the 1992-1995 war in Bosnia and continue to play very often an obstructive role in internal politics of Bosnia and Herzegovina. As the authors argue, in BiH, the issue of Euro-Atlantic integration is less a matter of political and economic transition, and more, it is not primarily an issue of stabilizing the peace and creating fundamental preconditions for overall development.

A European Constitutional Treaty: The Blueprint for the European Union

2001 ◽  
Vol 2 (14) ◽  
Author(s):  
Udo Di Fabio
Keyword(s):  
Federal Government ◽  
Institutional Reform ◽  
Fundamental Rights ◽  
Federal State ◽  
The European Union ◽  
Constitutional Treaty ◽  
European Constitution ◽  
Legal Nature ◽  
Charter Of Fundamental Rights ◽  
The Eu

The debate over a European constitution is fully underway. (1) The issue will play an important role at the 2004 intergovernmental conference, especially if negotiations over a new model for the division of competencies between the Union and its constituent Member States is taken up at the Conference. The various points of inquiry — a Charter of Fundamental Rights, institutional reform, the division of competencies, financing, eastward expansion, finality — belong together and they beg for a solution that is fully conceptualized. With this in mind, the German Federal Government is justified in making sweeping, well thought out proposals. At the same time, the French government is equally correct to promote practical solutions while expressing a healthy suspicion of the formation of a federal state of Europe, which is the holiest of all possibilities for the Germans. Against this background, let me begin by saying a few things with respect to the legal nature of a possible constitution for the EU, before I move on to a presentation of more practical conclusions. II.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

scholarly journals The EU Integration Process and its Role in the Albanian Sociopolitical Transformation

2020 ◽  
Vol 4 (1) ◽  
pp. 41-50
Author(s):  
Juliana Gjinko
Keyword(s):  
European Union ◽  
Intermediate Phase ◽  
Communist Country ◽  
The European Union ◽  
Integration Process ◽  
Full Membership ◽  
The Road ◽  
Eu Integration ◽  
The Impact ◽  
The Eu

Nearly thirty years after the fall of communism in Albania, European integration has been the main driving force for change and the real catalyst for reform. Today, a vast majority of Albanians continue to be convinced that the only way to develop, modernize and guarantee security is a full integration into the European family. The problem is not simply the duration of such an intermediate phase between obtaining candidate status and a full membership of the European Union. In fact, Albanians themselves are increasingly aware that the road to full membership of the European Union will be long, and that it will require a series of major and profound changes in the country, especially in the areas of the rule of law and functioning of institutions, along with implementing various standards that a society must meet in order to achieve this goal. The aim of this paper is to analyze Albanian use and abuse of the EU integration process in internal political discourse, reforms and transformation. A number of documents, publications and public speeches are examined in order to evaluate the impact of integration in this small, developing, post-communist country.

4. Constitutionalism and the European Union

2020 ◽  
pp. 75-100
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Legal Nature ◽  
Liberal Constitutionalism ◽  
The Eu

This chapter addresses the question of whether the EU has a constitution. It explores the formal constitutionalist credentials of the Union legal order and shows that the Union has claimed that the EU Treaties constitute the highest law in Europe. It then examines the constitutional nature of the Union from a ‘democratic’ perspective. Finally, it evaluates the Union legal order through the lens of liberal constitutionalism. This ‘classic’ constitutionalism assesses the legal nature of a document by insisting on a separation of powers and the existence of fundamental rights.

The Road not Taken: The European Union as a Global Human Rights Actor

2011 ◽  
Vol 105 (4) ◽  
pp. 649-693 ◽  
Author(s):  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
The Road ◽  
The Status ◽  
The Face ◽  
Charter Of Fundamental Rights ◽  
The Eu

For many, the enactment of the European Union’s Treaty of Lisbon, with its range of significant human rights provisions, marks the EU’s coming of age as a human rights actor. The Lisbon Treaty inaugurated the legally binding character of the EU Charter of Fundamental Rights (EU Charter), enshrined a commitment to accede to the European Convention on Human Rights (ECHR), and, in Article 2 of the Treaty on European Union (TEU), identified human rights as a foundational value. These changes have already drawn comment as developments that “will change the face of the Union fundamentally,” that take the protection of rights in the EU “to a new level,” and that indicate that “the arguments for improving the status of human rights in EU law… have finally been heard. There is general agreement, in other words, that the EU has reached the high point of its engagement with human rights.

scholarly journals Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 32
Author(s):  
Riaan Eksteen
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Full Potential ◽  
Eu Law ◽  
The European Union ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Uk ◽  
The Eu

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.

scholarly journals Serbia’s EU integration process: The momentum of 2008

2009 ◽  
Vol 56 (1) ◽  
pp. 111-125 ◽  
Author(s):  
Irena Ristic
Keyword(s):  
European Union ◽  
International Crime ◽  
Former Yugoslavia ◽  
The European Union ◽  
Integration Process ◽  
Western Balkans ◽  
Eu Integration ◽  
Lasting Peace ◽  
The Relationship ◽  
The Eu

After four years of ambivalence, the relationship between the European Union and Serbia is again gaining a new opportunity to flourish. The new Serbian government is formed by parties which are strongly committed to Serbia?s EU integration and hence ready to carry out reforms and fully cooperate with the International Crime Tribunal for the former Yugoslavia. This paper presents the current relationship between Brussels and Belgrade and its main obstacles. It emphasizes both internal and external problems of this relationship and their interdependency. In this regard the author argues that only by a mutual commitment of both Serbia and the EU lasting peace will be achieved in the Western Balkans and the region stabilized.

Introduction

2021 ◽  
pp. 1-32
Author(s):  
Daniel Mertens ◽  
Matthias Thiemann ◽  
Peter Volberding
Keyword(s):  
Political Economy ◽  
Public Investment ◽  
National Development ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Eu Integration ◽  
Development Banks ◽  
Supranational Institutions ◽  
The Eu

This chapter introduces the puzzle of expanding national development banking in times of market-liberal EU integration. It presents the variegated landscape of national development banks in European Member States and their linkages to supranational institutions and programmes and builds a theoretical framework around field theory and historical-institutionalist European political economy to capture the evolution of development banking in the EU. The chapter argues that the current appearance of development banking in the EU is conditioned by constraints and guidance stemming from the integration process and the specific insertion of Member States in the European political economy. Importantly, it rests on a market-supporting, “promotional” understanding of development banks’ tasks that has consequences for contemporary debates over industrial policy and public investment in the European Union

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