scholarly journals CONTEMPORARY EUROSCEPTICISM AS A CHALLENGE TO EUROPEAN SOLIDARITY

2016 ◽  
pp. 31-41
Author(s):  
M. O. Shibkova
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Project Construction ◽  
Migration Crisis ◽  
Common Effort ◽  
The Right ◽  
European Parliament Elections ◽  
Integration Project ◽  
The Eu

The article analyses the influence of Eurosceptic sentiments on the level of solidarity among European Union member states. At the outset of the integration project construction the advantage of the Old Continent unification after being destroyed by the Second World War was apparent. However, with the European Union transformation and the emergence of new challenges, Eurosceptic voices are becoming louder and an increasing number of states start to question the efficiency of supranational institutions and choose to take measures on their own. The main trigger of the rise of Euroscepticism in the new millennium was the financial crisis with austerity measures and citizens' frustration with their low standard of living following. Without taking into consideration the results of the European Parliament Elections 2014, which proved the reinforcement of Eurosceptics, Brussels continued to further develop the integration process. However, with the lapse of time it became clear that Eurosceptics despite being deprived of the right to vote at the supranational level, can implement its potential to influence the EU through their activity within their countries. As a result of their actions the EU is faced up with two serious challenges: Brexit and inability to cope with the migration crisis by common effort. By giving certain examples of the reaction of member states' governments on the migration crisis and illustrating how these actions depend on the extent of Euroscepticism popularity in the countries the author shows that currently the level of European solidarity has become so low that it allows to speak about the transformation of the EU economic crisis into a truly political one.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

scholarly journals ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES

2020 ◽  
pp. 5-17
Author(s):  
Yuriy Voloshyn ◽  
◽  
Nataliia Mushak ◽  
Keyword(s):  
European Union ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
Legal Method ◽  
Key Issues ◽  
The Right ◽  
Legal Grounds ◽  
The Eu ◽  
Third Country Nationals

The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.

scholarly journals Harmonising Accessibility in the EU Single Market: Challenges for Making the European Accessibility Act Work

2020 ◽  
Vol 43 (4) ◽  
pp. 83-102
Author(s):  
Anna Katarzyna Drabarz
Keyword(s):  
European Union ◽  
Civil Society ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
Persons With Disabilities ◽  
The Common ◽  
The Right ◽  
Common Understanding ◽  
The Eu

In the last decade, accessibility has become a buzzword not only among actors of the civil society advocating for the rights of persons with disabilities but also among the legislators in the European Union. The EU has adopted a series of binding regulations aiming at approximating the common understanding of accessibility and Member States’ approach to operationalising the right. Being part of EU harmonised law, the European Accessibility Act has already been considered a milestone in the process. The choice of an approach / approaches will decide about a success of its transposition into Member States legal systems.

The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity

2019 ◽  
Vol 88 (3) ◽  
pp. 315-358
Author(s):  
Eleni Karageorgiou
Keyword(s):  
European Union ◽  
Immigration Policy ◽  
European Law ◽  
Eu Law ◽  
The European Union ◽  
Allocation Mechanism ◽  
Member States ◽  
The Right ◽  
The Eu

Because of the scale of global displacement, in particular from Syria, the European Union (EU) has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law.

scholarly journals The Influence of the Migration Crisis of 2015 on the EU Migration Policy

2020 ◽  
Vol 24 (3) ◽  
pp. 9-23
Author(s):  
Marianna Gladysh ◽  
Viktor Viktor
Keyword(s):  
European Union ◽  
Middle East ◽  
Mediterranean Region ◽  
Migration Policy ◽  
The European Union ◽  
Member States ◽  
Wide Range ◽  
The Mediterranean ◽  
Migration Crisis ◽  
The Eu

Nowadays the European Union migration policy towards is one of the most important aspects in ensuring internal security of the EU. At the end of the XXth – beginning of the XXI century, Europe faced a new phenomenon – the intensifi cation of migration processes, namely the influx of refugees and migrants-asylum seekers from third countries. Therefore, it led to the creation and development of common migration policy of the European Union. In this regard, it was important to create legislation that could regulate such issues as border security and combating illegal migration, as well as to create a common asylum system. The need to study the legal framework on which the EU policy on migrants and refugees is based, and to study the current state and trends in the migration policy of the member-states of the EU has determined the relevance of this study. The importance of this topic is intensified by the European migration crisis of 2015, which is even described as a humanitarian catastrophe caused by a massive influx of refugees from Africa and the Middle East. It showed the main problems in the sphere of migration policy and policy towards refugees: imperfection of the system of delimitation of the EU competencies; a large number of countries with confl icting interests in various spheres; fragmentation of programs in force at the national level. To address the migration crisis, the EU used a multifaceted strategy: improving and creating new migration management institutions, expanding crossregional dialogue with the countries of the Mediterranean region, Africa and the Middle East; continued to reformat the Mediterranean region (region-building). Potential approaches range from an internal search for strategies in which each member state seeks to defend its own interests (sometimes even against European integration processes) to a more farsighted approach in which member states work together to address a wide range of migration issues.

scholarly journals The particularities of foreign policy’s implementation and EU leading states positions’ coordination

2018 ◽  
pp. 54-78
Author(s):  
Oksana Mitrofanova
Keyword(s):  
European Union ◽  
The European Union ◽  
Economic Success ◽  
Member States ◽  
Eu Member States ◽  
Entire Structure ◽  
Migration Crisis ◽  
The Stability ◽  
Permanent Structure ◽  
The Eu

The article touches upon to investigation of the particularities of foreign policy’s implementation and the EU leading states positions’ coordination. The position of leading states politicians towards strengthening of EU security and defense sphere cooperation has been studied. The factor of Permanent structure cooperation (PESCO) creation and the rationale for its expediency has been underlined. The article deals with migration crisis in the EU, the reaction of the European politicians to this issue and the consequences that manifested in the elections to the Italian parliament. The reforms having support of the leaders of France, Germany and Italy have been analyzed. It is concluded that the leading EU member states such as France, Germany and Italy have to coordinate their policies for the successful functioning of the EU. These states are the most important economic powers of the European Union, and the economic success of the entire structure depends on the stability of their economies. However, other countries have their own specific views and, sometimes, are not ready to compromise. It is likely that actually the French ideas of creation of European securtity and defense autonomy might spring to life, taking into account the strengthening cooperation of France with Germany and Italy in this sphere. The leading partners of France are ready for serious partnership between their military-industrial enterprpises.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

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.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

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.

The EU's Economic Cooperation with North Korea: The Possibility as a Useful Tool to Complement Korea-US Cooperation

2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee
Keyword(s):  
European Union ◽  
Human Rights ◽  
Korean Peninsula ◽  
North Korea ◽  
The United States ◽  
Policy Position ◽  
The European Union ◽  
Member States ◽  
The North ◽  
The Eu

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.

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