scholarly journals Is the Franco-German Relationship Still the Foundation Stone of the EU?

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Abigail Leblanc
Keyword(s):  
European Union ◽  
The European Union ◽  
National Sovereignty ◽  
Member States ◽  
Economic Interaction ◽  
History Of ◽  
Foundation Stone ◽  
The Eu

Since the signing of the European Coal and Steel Treaties, France and Germany have been linked as unlikely friends in Europe. This paper discusses the Franco-German relationship post WWII, defining the characteristics of a partnership that has defined the history of the European Union and has served as a foundation for peace and cooperation on a continent that has struggled to shake off constant war. This paper then analyzes the hypothesis that the Franco-German relationship is no longer the foundation stone of the European Union in two sections. First, this paper applies these characteristics of deepening integration, increased economic interaction and mutually beneficial cooperation to the present day EU and seeing whether they are still integral to interactions among member states. It then establishes the present day characteristics of the EU as ones of increased national sovereignty, as opposed to Franco-German methods of cooperation.

scholarly journals Politics of the European Union

2011 ◽  
Author(s):  
John McCormick
Keyword(s):  
European Union ◽  
Regional Development ◽  
European Integration ◽  
The European Union ◽  
Member States ◽  
Political Processes ◽  
European Single Market ◽  
External Relations ◽  
History Of ◽  
The Eu

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.

12. The Court of Justice of the European Union

2016 ◽  
Author(s):  
Ilias Kapsis
Keyword(s):  
European Union ◽  
European Integration ◽  
Civil Service ◽  
Judicial Activism ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
History Of ◽  
Civil Service Tribunal ◽  
The Eu

This chapter focuses on the Court of Justice of the European Union (CJEU), the judicial arm of the European Union. The CJEU consists of three courts: the Court of Justice, the European General Court, and the Civil Service Tribunal. Its mission is to ensure that ‘in the interpretation and application’ of the treaties of the Union ‘the law is observed’. The chapter first traces the history of the CJEU before discussing issues of structure and procedure, the extent of the Courts' jurisdiction, and their role in the promotion of European integration. It then considers the criticism directed at the CJEU for the way it exercises its judicial powers, and more specifically the reaction of member states to its ‘judicial activism’. It concludes with an assessment of the main challenges facing the EU courts.

scholarly journals Brexit: Consequences and Prospects (in The Context of Building New Britain-Ukraine-Eu Relations)

2020 ◽  
pp. 47-61
Author(s):  
Oleksandra Hissа-Ivanovych ◽  
Yana Kybich
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
European Continent ◽  
The United Kingdom ◽  
History Of ◽  
First Time ◽  
New Britain ◽  
The Eu

Britain’s withdrawal from the European Union is an extraordinary event in the history of the EU and the European continent as a whole. For the first time since the Union’s existence, one of the member states is leaving it. Of course, this situation has caused a significant resonance in the world community, because the question of the consequences that may arise as a result of such an event has become acute. It is clear that Brexit will not only provoke changes in the economic, political and cultural spheres of the relations between the United Kingdom and the European Union, but may also affect relations with third countries, including Ukraine. This article examines the possible effects of Brexit on the further development of the United Kingdom, on the future of the EU in the context of growing Euroscepticism among member states, and on Britain’s and the European Union’s relations with Ukraine as a country that has clearly declared its pro-European position, and strives to become part of the EU by all means.

scholarly journals The Values of the EU and their Protection in the European Law

2020 ◽  
Vol 100 (7) ◽  
pp. 37-45
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
European Institutions ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.

scholarly journals The Values of the European Union and their Protection under European Law

2020 ◽  
pp. 27-37
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.

scholarly journals Improving Counter-Terrorism Policy Integration in the European Union: An Analysis

2018 ◽  
Vol 5 ◽  
pp. 47-60
Author(s):  
Christopher Wieczorek
Keyword(s):  
European Union ◽  
Individual Member ◽  
The European Union ◽  
Policy Integration ◽  
Member States ◽  
Counter Terrorism ◽  
Terror Attacks ◽  
Starting Point ◽  
History Of ◽  
The Eu

This paper takes as its starting point recent terror attacks in the European Union and seeks to understand why the EU has suffered such a wave of high-profile, damaging attacks. Specifically, the paper explores counter-terrorism policy at the EU level and investigates why the integration of EU counter-terrorism policy is not higher among individual member states. Following an examination of previous terrorist incidents in the history of the EU and a literature review on EU-level counter-terrorism policy, the paper explores counter-terrorism institutions and mechanisms within the EU. A substantial analysis of the level of integration (or lack thereof) of these institutions and mechanisms is then undertaken, before by a concluding section that offers policy revisions to increase the implementation of policies by member states. The paper ultimately argues that implementation of counter-terrorism policy is lacking because individual member states are reluctant to cede their sovereignty over such an important policy area. The suggestion is also made that future EU counter-terrorism efforts should both focus on demonstrating how EU-level efforts will make member states safer, and, importantly, on creating mechanisms and institutions that will be of practical benefit to member states within their own domestic arenas.

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.

Corruption and Integration – Does the Expansion of the European Union Represent a Risk Factor?

2004 ◽  
Vol 12 (4) ◽  
pp. 301-320
Author(s):  
Wolfgang Hetzer
Keyword(s):  
European Union ◽  
Contemporary History ◽  
The European Union ◽  
Member States ◽  
Historical Significance ◽  
Success Stories ◽  
History Of ◽  
The Cold War ◽  
Administrative Structures ◽  
Second World

AbstractThe imminent entry of ten countries into the European Union is one of the greatest success stories in the contemporary history of the continent. Following the devastation of the Second World War and the political and economic paralysis during the ‘Cold War’ period the future holds promise of development opportunities of historical significance for twenty-five Member States. It must not be overlooked, however, that, due to the still prevalent differences in living standards, in income ratios and in administrative structures, the process of economic approximation is also not without risks. Among these is the tendency towards corruption. The expansion of the European Union can only succeed economically and politically if the dangers associated with corruption are minimized by far-sighted legislation and consistent implementation measures throughout Europe. This is true not only with respect to the new Member States.

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