scholarly journals EUROPEAN LESSONS OF DECENTRALIZATION

2018 ◽  
Vol 1 (11) ◽  
pp. 175-184
Author(s):  
Evgeny Grigoryevich Kartashov
Keyword(s):  
European Integration ◽  
Separation Of Powers ◽  
The State ◽  
National Unity ◽  
Member States ◽  
Eu Member States ◽  
Role Of The State ◽  
Decentralization And Centralization ◽  
The Eu

The role of the state in the processes of European integration and decentralization is analyzed, the factors of threats for it are determined. The fol- lowing common features of decentralization processes in the EU member states are highlighted as strengthening the role of the regional level, the need to choose between different models of separation of powers between different levels of go- vernment (exclusive or joint authority) and the search for ways to adequately fi- nance transferred powers. Decentralization also actualizes the problem of territo- rial inequality and patronage for European countries. It is proved that the national state is a central actor in the process of decentralization, despite the fact that this process creates certain threats to the state itself. On the one hand, the EU as a supranational organization has already limited some aspects of the sovereignty of its member states, in particular, in the area of monetary policy. With the deepening of European integration, the powers of national states and in other areas are in- creasingly limited. On the other hand, the gradual increase in the share of powers conveyed by the state to decentralized and regional authorities further weakens its role. Moreover, the increasing influence of liberalism on state policy and the introduction of competition among the main providers of public services also li- mits the possibility of the state’s influence on its internal policies. Such a dynamics gives grounds for questioning the ability of states to effectively manage their ter- ritories. At the same time, it was noted that in most EU member states, the bodies of state power have long been the guarantor of national unity in both social and territorial terms. Such a “unity of opposites” (decentralization and centralization) is unlikely to change in the medium term.

scholarly journals EUROPEAN LESSONS OF DECENTRALIZATION

2018 ◽  
Vol 1 (12) ◽  
pp. 175-184
Author(s):  
Evgeny Grigoryevich Kartashov
Keyword(s):  
European Integration ◽  
Separation Of Powers ◽  
The State ◽  
National Unity ◽  
Member States ◽  
Eu Member States ◽  
Role Of The State ◽  
Decentralization And Centralization ◽  
The Eu

The role of the state in the processes of European integration and decentralization is analyzed, the factors of threats for it are determined. The following common features of decentralization processes in the EU member states are highlighted as strengthening the role of the regional level, the need to choose between different models of separation of powers between different levels of government (exclusive or joint authority) and the search for ways to adequately finance transferred powers. Decentralization also actualizes the problem of territorial inequality and patronage for European countries. It is proved that the national state is a central actor in the process of decentralization, despite the fact that this process creates certain threats to the state itself. On the one hand, the EU as a supranational organization has already limited some aspects of the sovereignty of its member states, in particular, in the area of monetary policy. With the deepening of European integration, the powers of national states and in other areas are increasingly limited. On the other hand, the gradual increase in the share of powers conveyed by the state to decentralized and regional authorities further weakens its role. Moreover, the increasing influence of liberalism on state policy and the introduction of competition among the main providers of public services also limits the possibility of the state’s influence on its internal policies. Such a dynamics gives grounds for questioning the ability of states to effectively manage their territories. At the same time, it was noted that in most EU member states, the bodies of state power have long been the guarantor of national unity in both social and territorial terms. Such a “unity of opposites” (decentralization and centralization) is unlikely to change in the medium term.

Towards an Ever Closer Union Between Residents and Citizens?

2015 ◽  
Vol 11 (01) ◽  
pp. 78-98 ◽  
Author(s):  
Michèle Finck
Keyword(s):  
European Integration ◽  
Voting Rights ◽  
The State ◽  
Eu Law ◽  
Member States ◽  
Traditional Concept ◽  
Eu Member States ◽  
Domestic Reform ◽  
The Eu

Alien suffrage in Luxembourg – The traditional concept of the electorate – Link between nationality and voting rights – From the national to the resident worker? – The decoupling of nationality and citizenship – The transformation of the state as a consequence of European integration – Comparison to other EU member states – Consequences for EU law of domestic reform – The intertwinement of constitutional spheres in the EU

scholarly journals Intergovernmentalism: Old, Liberal, and New

2020 ◽  
Author(s):  
Amy Verdun
Keyword(s):  
European Integration ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Liberal Intergovernmentalism ◽  
Migration Crisis ◽  
National Governments ◽  
The Eu

European integration theories help us understand the actors and mechanisms that drive European integration. Traditionally, European integration scholars used grand theories of integration to explain why integration progresses or stands still. Born out of assumptions that are prevalent in realist international relations theories, intergovernmentalism was first developed as a theory in opposition to neofunctionalism. In a nutshell, intergovernmentalism argues that states (i.e., national governments or state leaders), based on national interests, determine the outcome of integration. Intergovernmentalism was seen as a plausible explanatory perspective during the 1970s and 1980s, when the integration process seemed to have stalled. Despite the fact that it could not explain many of the gradual incremental changes or informal politics, intergovernmentalism—as did various other approaches—gained renewed popularity in the 1990s, following the launch of liberal intergovernmentalism. During that decade, the study of European integration was burgeoning, triggered in part by the aim to complete the single market and the signing of the Maastricht Treaty that launched the European Union (EU). Intergovernmentalism also often received considerable pushback from researchers who were unconvinced by its core predictions. Attempts to relaunch intergovernmentalism were made in the 2010s, in response to the observation that EU member states played a prominent role in dealing with the various crises that the EU was confronted with at that time, such as the financial crisis and the migration crisis. Although intergovernmentalism is unable —and is not suited—to explain all aspects of European integration, scholars revert to intergovernmentalism as a theoretical approach in particular when examining the role of member states in European politics. Outside the EU, in the international arena (such as the United Nations), intergovernmentalism is also observed when studying various forums in which member states come together to bargain over particular collective outcomes in an intergovernmental setting.

scholarly journals Inequalities in the European Union—A Partial Order Analysis of the Main Indicators

2021 ◽  
Vol 13 (11) ◽  
pp. 6278
Author(s):  
Lars Carlsen ◽  
Rainer Bruggemann
Keyword(s):  
Indicator System ◽  
Partial Ordering ◽  
Disposable Income ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Per Capita ◽  
Educational Aspect ◽  
The Eu

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

scholarly journals Difference of application of VAT in EU member states during the supply of goods including installation

2008 ◽  
Vol 56 (3) ◽  
pp. 47-56
Author(s):  
Petr David ◽  
Danuše Nerudová
Keyword(s):  
Czech Republic ◽  
Member State ◽  
Scientific Work ◽  
The State ◽  
Member States ◽  
Standard Methods ◽  
Eu Countries ◽  
Eu Member States ◽  
The Eu

There still exist the differences in provision of VAT, in interpretation of VAT provisions and application of the rules in practice between the EU member states. Application of VAT during the supply of goods with installation to other EU member state, both during the existence of establishment in the state of customer and also without it, is considered to be one from the problematic field. Other discrepancies are created by inclusion of the sub suppliers, who can come from other EU member state or from the same state as customer, to this transaction. Questions of VAT application during the supply of goods with installation to other EU member state were processed by using standard methods of scientific work in the frame of five selected EU countries – Hungary, Poland, Romania, Slovakia and Czech Republic.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

2. Federalism and European Integration

2018 ◽  
pp. 27-42
Author(s):  
R. Daniel Kelemen
Keyword(s):  
European Integration ◽  
Comparative Politics ◽  
Political System ◽  
Eurozone Crisis ◽  
Member States ◽  
Eu Member States ◽  
Specific Policy ◽  
Wide Range ◽  
Shed Light ◽  
The Eu

Theories of federalism can provide a set of assumptions, concepts, and arguments that shed light on many aspects of European integration. Applying the federalism perspective opens up EU scholars to a range of relevant comparative cases that provide analytic leverage and insight on the EU. This perspective also enables EU scholars to draw on and contribute to a well-established literature in comparative politics, thus connecting their findings about the EU to broader academic debates. EU scholars have applied theories of federalism to help explain a wide range of questions about European integration, from general questions about why and how the EU came together as a political system to narrow questions about very specific policy areas, to the causes and consequences of the EU’s recent crises. This chapter discusses the main assumptions, concepts, and methodologies in federalism theories of the EU, and explores how this perspective can shed light on the eurozone crisis and the crisis of democratic backsliding among EU member states.

Labour Immigration Policy in the European Union: How to Overcome the Tension between Further Europeanisation and the Protection of National Interests?

2020 ◽  
Vol 22 (2) ◽  
pp. 198-223
Author(s):  
Jean-Baptiste Farcy
Keyword(s):  
Immigration Policy ◽  
Added Value ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Labour Immigration ◽  
Eu Directives ◽  
The Eu

Abstract This article critically assesses EU harmonisation in the field of labour immigration. It argues that EU directives are limited both in scope and intensity which explains their relatively low effectiveness and added value. Given the current political and institutional context, the article claims that a truly common labour immigration policy is unrealistic. Labour immigration remains a predominantly national prerogative and EU rules have done little to overcome normative competition between EU Member States. Looking forward, the EU should adopt complementary measures to Member States’ policies. The role of the EU in this sensitive policy area should be better defined and justified, in particular in relation to the principle of subsidiarity.

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