scholarly journals The voting systems in the Council of the EU and the Bundesrat – What do they tell us about European Federalism?

2018 ◽  
Vol 10 (1) ◽  
pp. 176-201
Author(s):  
Jacek Czaputowicz ◽  
Marcin Kleinowski
Keyword(s):  
Voting Systems ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal States ◽  
New System ◽  
Nice System ◽  
The Eu

Abstract The Treaty of Lisbon introduced a new system of weighted votes in the Council, which radically departs from the principles on which the distribution of votes between the Member States of the EU was based for more than half a century. At the same time, the system of double majority is fundamentally different from the assumptions on which voting systems in federal states are based, including in the Bundesrat. Systems used in federal states are usually based on a compromise between the equality of states, and the equality of citizens. Consequently, in the Nice system, smaller Member States in the EU had relatively greater power compared to their populations than smaller federal units in the German Bundesrat. The results presented in this paper indicate that the Lisbon system of voting in the Council differs significantly from voting systems in federal states.

Wspólnotowy wymiar polityki imigracyjnej Unii Europejskiej w obliczu wyzwań związanych ze zwiększonym napływem imigrantów w 2015 r.

2017 ◽  
pp. 82-107
Author(s):  
Michał Skorzycki
Keyword(s):  
Immigration Policy ◽  
Refugee Crisis ◽  
Member States ◽  
European Immigration ◽  
New System ◽  
Selection Of ◽  
The Eu ◽  
Crisis Situations

The article comprises the overview of the essential legal, administrative and financial means that the EU has at its disposal in case of rapid influx of immigrants, as well as a selection of major obstacles to the use of these tools, based on observation of the activities of the EU and its member states taken up to deal with the aforementioned situation which took place in 2015. Using the abovementioned observation and an analysis of relevant documents, it is argued that the refugee crisis of 2015 has revealed the necessity of a profound institutionalisation of the European immigration policy as the most effective way to overcome difficulties in response to such situations. The analysis leads also to the conclusion that the EU is caught in a dilemma of either suspending the Dublin system in crisis situations or creating a new system of intensive support for border member states.

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

Politics in the European Union

2014 ◽  
Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker
Keyword(s):  
European Union ◽  
International Politics ◽  
Individual Member ◽  
The European Union ◽  
Eurozone Crisis ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Subject ◽  
The Eu

Politics in the European Union examines the theory, history, institutions, and policies of the European Union. The EU is a unique, complex, and ever-changing political entity which continues to shape both international politics and the politics of its individual member states. The text provides a clear analysis of the organization and presents a well-rounded introduction to the subject. Complete and detailed in its coverage, with a consolidated and updated history section, this text weaves together material on key contemporary concerns including the eurozone crisis and the implementation of the Treaty of Lisbon with a thorough consideration of the workings and remit of the EU.

Interoperability

2011 ◽  
pp. 180-200 ◽  
Author(s):  
Christian Breitenstrom ◽  
Klaus-Peter Eckert ◽  
Jens Fromm
Keyword(s):  
General Framework ◽  
Service Providers ◽  
The European Union ◽  
Access Management ◽  
Public Authorities ◽  
Member States ◽  
Federal States ◽  
Enterprise Soa ◽  
Functional Components ◽  
The Eu

The EU Services Directive (EU-SD), which was passed in December 2006, should simplify access to the services market in all Member States of the European Union and eliminate bureaucratic barriers for Service Providers. This chapter presents an overview of the major functional components and processes that are necessary to implement and run the EU-SD between all stakeholders such as Service Providers, newly introduced Points of Single Contact and Responsible Public Authorities, based on a general framework for federated enterprise SOA. Especially in Germany, consisting of federated and autonomous federal states, but equally between different Member States, interoperability between different components is one of the major challenges of the EU-SD. This chapter elaborates on the interoperability aspect of data/document exchange between the stakeholders, using a secure “call by reference” concept that is implemented by an Electronic Safe, together with appropriate concepts for identity and access management.

The Fisheries Issues of the 2004 Second European Union Accession Treaty: A Comparison with the 1994 First Accession Treaty

2004 ◽  
Vol 19 (2) ◽  
pp. 93-150 ◽  
Author(s):  
Peter Ørebech
Keyword(s):  
Transitional Period ◽  
Eu Law ◽  
Member States ◽  
State Legislation ◽  
Individual Transferable Quotas ◽  
Eu Legislation ◽  
Phase Out ◽  
New System ◽  
The Eu

AbstractThe 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states maintain legislative competence within 12 nautical miles during the transitional period, which ends in 2012. With the exception of specific areas delegated to Member States, national provisions will then be terminated. The "relative stability" and national quota regulations remain in effect and deter direct fishing by other Member States' vessels. Quota hopping, on the other hand, opens the door to foreign fishing interests. A new system of individual transferable quotas will further contribute to the decline of the inherent discrimination amongst EU citizens within fisheries sector.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

scholarly journals Civil Society under the Treaty of Lisbon: Relationship between National Public Benefit Organizations and European Union Policy?

2011 ◽  
Vol 2 (2) ◽  
Author(s):  
Lia C.R.M. Versteegh
Keyword(s):  
European Union ◽  
Civil Society ◽  
Governance Structure ◽  
Civil Society Organizations ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Public Benefit ◽  
Eu Member States ◽  
The Eu

The active involvement of European citizens became a new form of democracy in the Treaty of Lisbon of 2009 by the introduction of a whole new chapter dedicated to this purpose. There is an article that obligates the Commission to give serious consideration to the demands of one million citizens from a significant number of Member States. The treaty also provides for a better role of NGOs such as foundations and associations. However, there are uncertainties concerning the definition and the nature of the concept of civil society of which NGOs may be regarded as typical. The European Union gives as leading principle of civil society the concept of voluntariness. Currently, the legal typology of NGOs in the European Union is determined by national laws of the Member State. The present forms of NGOs show great differences regarding formal requirements. There is a variety of legal forms available in EU Member States for public benefit organizations as typical civil society organizations. In the concept of European Union governance there are different concepts about which role civil society could or ought to play in Europe’s governance structure. One of these concepts is that the European Union cooperates with the national civil society institutions through partnership agreements. However, the European Union provides no indication of ways to measure whether an organization can be considered as a public benefit organization. Also, the supervising competences in the EU Member States are different. As a result of these the participatory democracy in the EU does not reflect the power of Europe’s civil society.

scholarly journals The European Union’s Trap of Constitutional Politics: From the Convention Towards the Failure of the Treaty of Lisbon

2011 ◽  
Vol 17 (1, 2 & 3) ◽  
pp. 2008
Author(s):  
Arthur Benz
Keyword(s):  
European Union ◽  
State Government ◽  
European Council ◽  
Reform Process ◽  
The European Union ◽  
Constitutional Treaty ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Eu Member States ◽  
The Eu

In a national referendum held on 12 June 2008, 53.4 percent of Irish citizens voted “no” to the Treaty of Lisbon. As its provisions require ratification by all member states, the Irish vote marks a further setback for attempts at consti- tutional reform of the European Union (EU). The Lisbon reform treaty, officially entitled the Treaty of Lisbon amending the Treaty on Euro- pean Union and the Treaty establishing the Eu- ropean Community,1 was signed by the prime ministers and presidents of EU member states in December 2007. It was the result of a pro- cess set in motion by the European Council in a meeting held in Laeken, Belgium in December 2001. Intended to make the “ever closer union” more democratic, and to facilitate the adjust- ment of European institutions to the new po- litical situation brought on by the accession to the EU of Central and Eastern European states, the “Laeken Council” issued a declaration trig- gering efforts to constitutionalize the European Union. To this end, a reform process was ini- tiated involving a body called the Convention on the Future of Europe (Convention), made up of European and member state government representatives and parliamentarians.2 This re- form process resulted in the recommendation in 2003 of a draft Treaty Establishing a Constitu- tion for Europe (Constitutional Treaty),3 which was subsequently approved by the Intergovern- mental Conference and the European Council in Rome in October 2004. Despite several mem- ber states ratifying the Constitutional Treaty, it was rejected by popular referenda in France and the Netherlands in the spring of 2005. At that time, and in view of the obvious risks to ratifi- cation in some other member states, the process of constitutionalization ground to a halt.

scholarly journals The European Union After the Rome Declaration: A New Opening or a New Euro-pessimism?

2020 ◽  
Vol 3 (1) ◽  
pp. 157-164
Author(s):  
Łukasz D. Wróblewski
Keyword(s):  
European Union ◽  
European Integration ◽  
Research Method ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Treaty Of Rome ◽  
The Subject ◽  
Eu Studies ◽  
The Eu

AbstractThe European Union has been a rare feat achieved by the continent’s societies. Today, almost 15 years since its biggest enlargement and 10 years since the signing of the Treaty of Lisbon, Europe is facing unprecedented challenges, both globally and internally. It long seemed that the way to take on the challenges of the changing world was through united diversity—a stance that is no longer a given. Adopted on the 60th anniversary of the Treaty of Rome, the Rome Declaration was supposed to address the greatest challenges lying ahead of the EU and its member states.Based on an analysis of the Rome Declaration in the light of the Treaty of Lisbon, this paper outlines the biggest threats and possible scenarios of the European integration process. The ruminations below indicate that the declaration signed by the leaders of the 27 member states by and large successfully determined the key problems of European integration. However, contrary to the appearances, it fails to address them in substance. The overriding research method adopted in this study was a critical analysis of the subject literature, as well as EU studies and documents.

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