scholarly journals Cooperation Between Institutions of the European Union and Its Member States in the Creation of Climate Protection Policy

2020 ◽  
Vol 38 (3) ◽  
pp. 33-60
Author(s):  
Piotr Świat ◽  
Joanna Bukowska
Keyword(s):  
European Union ◽  
Climate Policy ◽  
Legislative Process ◽  
Climate Protection ◽  
The European Union ◽  
Member States ◽  
Protection Policy ◽  
Climate Protection Policy ◽  
The Eu

Climate policy is a complexed area of cooperation between Member States and European Union institutions. The ambitious goals that the EU sets for itself in this matter are not always possible to be met by all Member States, hence the ability to work out compromise solutions is of great importance. Member States have different internal conditions, which determine the objectives of their economic and energy policies, therefore they do not always have convergent interests in this area. The decision-making centre where EU climate protection policy is created is: the European Council, where key elements of this policy are agreed (such as reduction targets), and so-called an ‘institutional triangle’, i.e. EU Council, European Parliament and European Commission which are directly involved into the legislative process. This configurations is a platform where cooperation of the Member States manifests itself in various forms and intensity and where these countries may attempt to force their interests in the process of creating EU policy. The authors present the legal bases of the European Union's competences in the field of climate policy and the role of the EU institutions in its creation with particular focus on mechanisms that allow Member States to influence the shape of that policy.

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.

National Parliaments and the European Union

2019 ◽  
Author(s):  
Katrin Auel
Keyword(s):  
European Union ◽  
Effective Means ◽  
Democratic Legitimacy ◽  
Legislative Process ◽  
The European Union ◽  
National Parliaments ◽  
Direct Role ◽  
Member States ◽  
The Eu ◽  
The Way

The role and position of national parliaments in European Union (EU) affairs have undergone a long, slow, and sometimes rocky, but overall rather remarkable, development. Long regarded as the victims of the integration process, they have continuously strengthened their institutional prerogatives and have become more actively involved in EU affairs. Since the Lisbon Treaty, national parliaments even have a formal and direct role in the European legislative process, namely, as guardians of the EU’s subsidiarity principle via the so-called early warning system. To what extent institutional provisions at the national or the European level provide national parliaments with effective means of influencing EU politics is still a largely open question. On the one hand, national parliaments still differ with regard to their institutional prerogatives and actual engagement in EU politics. On the other hand, the complex decision-making system of the EU, with its multitude of actors involved, makes it difficult to trace outcomes back to the influence of specific actors. Yet it is precisely this opacity of the EU policymaking process that has led to an emphasis on the parliamentary communication function and the way national parliaments can contribute to the democratic legitimacy of the EU by making EU political decisions and processes more accessible and transparent for the citizens. This deliberative aspect is also often emphasized in approaches to the role of national parliaments in the EU that challenge the territorially defined, standard account of parliamentary representation. Taking the multilevel character of the EU as well as the high degree of political and economic interdependence between the member states into account, parliamentary representation is conceptualized as extending beyond the nation-state and as shared across the EU, with a strong emphasis on the links between parliaments through inter-parliamentary cooperation and communication as well as on the representation of other member states’ citizens interests and concerns in parliamentary debates. Empirical research is still scarce, but existing studies provide evidence for the development of an increasingly dense web of formal and informal interactions between parliaments and for changes in the way national parliamentarians represent citizens in EU affairs.

MIGRATION TRAFFIC AND PROTECTION OF EXTERNAL BORDERS THE EUROPEAN UNION

2020 ◽  
Vol XIV ◽  
pp. 1-2
Author(s):  
Beata Błażejewska ◽  
ZBIGNIEW CIEKANOWSKI
Keyword(s):  
European Union ◽  
Traffic Management ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
Member States ◽  
The Eu

The study analyzes the management of the borders of the European Union as a factor having a significant impact on improving the security of Member States. Legal regulations regulating the external borders of the Schengen Group, treated as land and sea borders as well as airports and seaports of the parties to the Schengen Convention are indicated, provided that these borders are not external borders that formally form borders. The role of entities supporting border traffic management in the European Union is described. In addition, an analysis of documented attempts to illegally cross the external borders of the EU and the borders of countries associated with the Schengen area between border control visits was made, indicating potential threats in this area.

scholarly journals The Political Role of the European Court of Justice: How the EU Institutional Thresholds Shield the Integrationist Power of the Court

2019 ◽  
pp. 195-212
Author(s):  
Roberto Reyes Izquierdo
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Legislative Process ◽  
The European Union ◽  
Political Role ◽  
Fundamental Factor ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The aim of this paper is to analyse how the European Court of Justice (ECJ) has been a fundamental factor in the integration process of the European Union, in spite of the obstacles posed by the intergovernmental dynamics that have traditionally hindered the construction of a stronger, cohesive and more integrated Europe. Important principles such as direct effect or supremacy of EU law have been developed through ECJ rulings and case law, even when such principles were not literally foreseen in the foundational Treaties. Therefore, this paper argues that the role and power of the Court as an “indirect law-maker” have been essential for the construction of the European Union, and this has been possible due to the complexities and weaknesses of the legislative process involving the three main decision-makers: the Commission, the Council of the EU, and the European Parliament.

Regionalist Parties and the European Union

2020 ◽  
Author(s):  
Emanuele Massetti ◽  
Arjan H. Schakel
Keyword(s):  
European Union ◽  
European Integration ◽  
Political System ◽  
Maastricht Treaty ◽  
Multilevel Governance ◽  
The European Union ◽  
Member States ◽  
Political Actors ◽  
The Eu

Regionalist parties are political actors that emphasize distinct ethno-territorial identities and interests vis-à-vis those of the entire state, advocating some forms of territorially based self-government in a view to protect, give voice to, and enhance those identities and interests. The tense relationships that these political actors often have with the central institutions leads them, in the European Union (EU) context, to identify the EU as a potential ally in their struggle against the state. Indeed, the EU system of multilevel governance, in which regional governments have obtained a considerable role, is also the result of a combined effect of regionalist parties’ pressure on member states from below and the process of European integration creating a favorable political framework from above. This putative alliance was celebrated, during the 1980s and 1990s, with the Maastricht Treaty representing a pivotal moment for the launch of the vision of a “Europe of the Regions.” However, the EU constitutional reforms of the 2000s (from the Treaty of Nice to the Treaty of Lisbon) fell rather short vis-à-vis regionalist claims, revealing the “illusionary character” of the “Europe of the Regions” idea. Since then, attempts to achieve “Independence in Europe” (through “internal enlargement”) have intensified in regions governed by strong and radical regionalist parties, such as in Catalonia and Scotland. These secessionist attempts have added further strain to an already under-stress EU political system. Indeed, far from acting as an ally of regionalist forces, the EU appears to have straddled between the role of a neutral observer and a supporter of member states’ territorial integrity.

Verteilungskonflikte durch die europäische Klimaschutzpolitik – Verschärft die EU die Hungerproblematik?

2011 ◽  
Vol 60 (3) ◽  
Author(s):  
Achim Brunnengräber
Keyword(s):  
Developing Countries ◽  
Climate Policy ◽  
Competition Policy ◽  
Climate Protection ◽  
Protection Policy ◽  
The North ◽  
Climate Protection Policy ◽  
The One ◽  
Energy And Climate Policy ◽  
The Eu

AbstractIn this essay the European energy and climate protection policy and its effects on developing countries are to be discussed. Are their nutrition problems being detereorated or do additional exports establish opportunities for a sustainable development? I argue that coherence of energy security and climate protection policy, as aimed by the European Commission, cannot be achieved by the measures taken so far. First of all the paper discusses the primacy of competition policy while, in the second place, strategic selectivity of climate instruments will be dealt with. Thridly, the „faith in technology“ will be approached and the fourth issue is dedicated to agrofuels and the commodification of developing countries’ ressources. As a result the EU energy and climate policy is about to aggravate nutrition problems. What is needed is a Transformation to a sustainable economy to realigning the north-south divide on the one and to overcome inconsistencies between ener gy security and climate policy on the other hand.

The European Union security policy

2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
The European Union ◽  
Member States ◽  
The World ◽  
Foreign And Security Policy ◽  
Institutional Mechanism ◽  
The Eu

Problem setting. In spite of the presence of numerous conventions, treaties and organizations in the world today, the issue of security is still a very acute issue for the world community. There are many reasons for this: the presence of nuclear powers, serious disputes between countries that are justly considered world leaders, the existence of numerous local conflicts and wars of a more global nature across the globe. These and other factors are pushing states around the world to allocate budget funds to ensure effective security policies. Given today’s realities, one can trace the tendency of several countries to pool their own efforts and resources to pursue a common security policy. The European Union is one of the clearest examples of this behavior. This intergovernmental organization is committed to maintaining peace, diplomacy, trade and development around the world. The EU also promotes cooperation with neighboring countries through the European Neighborhood Policy. Target research. The aim of the research is to study the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. Analysis of recent research and publication. Many domestic and foreign scholars, including B. Tonro, T. Christiansen, S. Morsch, G. Mackenstein, and others. The institutional basis of foreign and security policy is analyzed in detail by J. Peterson, questions related to the European Union’s security policy. M. Shackleton. K. Gill, M. Smith and others study the general features of the development of a common EU security policy. Some contribution to the study of various problems related to European and Euro-Atlantic integration has been made by such national scientists as V. Govorukh, I. Gritsyak, G. Nemyrya, L. Prokopenko, O. Rudik, V. Streltsov, O. Tragniuk, I. Shumlyaeva, I. Yakovyuk and others. Article’s main body. The article examines the emergence and development of the European Union’s security policy from the date of the Brussels Covenant to the present. Particular attention is paid to the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. A study of the officially adopted five-year global foreign and security policy of the EU is being done to improve stability in Europe and beyond, analyzing EU conflict resolution and crisis management activities. Conclusions and prospect of development. In view of the above, it can be concluded that the EU’s foreign and security policy institutional framework is an extensive system in which all the constituencies are endowed with a certain range of general and specific powers and are called upon to cooperate with one another to achieve a common goal. It cannot be said that such close cooperation puts pressure on Member States. Yes, a Member State has the right to refrain from voting for any decision that requires unanimity and such abstention will not prevent the above decision being taken. In this case, the mechanism of so-called “constructive retention” is triggered: the abstaining country is not obliged to comply with the decision, however, accepts the fact that it is binding on other Member States and takes this into account when concluding treaties, which should not contradict the said decision.

Providing for European-Level Diplomacy after Lisbon: The Case of the European External Action Service

2009 ◽  
Vol 4 (2) ◽  
pp. 211-233 ◽  
Author(s):  
Simon Duke
Keyword(s):  
European Union ◽  
External Action ◽  
Lisbon Treaty ◽  
The European Union ◽  
European Level ◽  
Special Issue ◽  
Member States ◽  
External Relations ◽  
The Eu

AbstractThe Lisbon Treaty may well be on ice, may perhaps even be moribund, but there remain compelling reasons to think through the identified shortcomings of the European Union in external relations. Many of the innovations in the area of external relations that are contained in the treaty are dependent upon ratification by the EU's member states, but some are not; the European External Action Service (EEAS) falls into the latter category. Although the actual implementation of the EEAS will face formidable hurdles, as has been outlined in this contribution, the exercise of thinking through these challenges is essential if the EU and its members are to begin grappling with many of the issues examined in this special issue — ranging from the role of national diplomats in today's world to the successful pursuit of structural diplomacy and the effectiveness of the EU in multilateral organizations.

Principle of Subsidiarity and the EU Environmental Policy

2012 ◽  
Vol 9 (1) ◽  
pp. 63-70 ◽  
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Fundamental Principle ◽  
Maastricht Treaty ◽  
The European Union ◽  
Environmental Legislation ◽  
Member States ◽  
Single European Act ◽  
The Eu

The principle of subsidiarity is a fundamental principle of the European Union. It has first been introduced in the field of environmental policy by the Single European Act in 1987 and extended to all fields of shared competencies by the Maastricht treaty in 1992. Since then much has been done to operationalize the principle, and subsidiarity has received increasing attention by the Union’s institutions and Member States. The following contribution provides a brief appraisal of the role of the principle and of how it has influenced environmental legislation, so far.

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