The Concept of Europeanization and Possibilities of its Application to the Analysis of Ukraine-EU Relations

Author(s):  
Natalia Popova

The concept of Europeanization has become quite fashionable in EU studies in recent years. It is often used for the analysis of the relations between the EU and non-member states. The aim of the article is to examine the possibilities of its application in explaining the relationship between the EU and Ukraine. The structure of the article is as follows: firstly, the concept of Europeanization is defined considering such two disputable issues as distinguishing among concepts of Europeanization and European integration as well as Europeanization and EU-ization. Next, the evolution of the theoretical research of Europeanization and definition of this concept are analyzed. Two main mechanisms of Europeanization (conditionality and socialization) are examined. The author considers main approaches to the analysis of the "external" Europeanization emphasizing the concept of "external governance". Three groups of factors which influence the effectiveness of Europeanization are briefly analyzed. And finally, the peculiarities of application of the Europeanization concept to the Ukraine-EU relations are outlined. Keywords: EU, Ukraine, Europeanization, EU-ization, ‘external’ Europeanization, conditionality, socialization, concept of ‘external governance’

Author(s):  
Dieter Grimm

This chapter examines the question of who is sovereign in the relationship between the European Union and its Member States. It first considers the relevance of the debate over sovereignty in the EU and the development of the concept of sovereignty, paying attention to public powers form the substance of sovereignty, Jürgen Habermas’ theory of dual sovereignty, and the relevant provisions of the Lisbon Treaty. It then explores the problem of whether one should maintain the concept of sovereignty or recognize that the era of post-sovereignty has begun. It argues that it makes sense to address the question of who is sovereign in the EU, suggesting that the answer will determine the future course of European integration. It also analyses which concept of sovereignty is best suited to understand and explain the EU.


2018 ◽  
Vol 4 (1) ◽  
pp. 16-26
Author(s):  
Valentina Maglietta

Sixty years after the emergence of the EU, it is still a challenge to educate citizens about European themes and to really involve them in the integration process. This requires the pursuit for solutions and adequate responses from institutions, among others. But, what does it mean to be a European citizen? Does it make sense to use the concept of “citizenship” beyond the national borders? With the purpose of addressing these questions, this paper is divided into three parts. The first part addresses the definition of citizenship within the borders of a Nation State and, looks at the relationship between nationality and identity emphasized by the philosopher Thomas H. Marshall. The second turns to the European citizenship, looking at the political developments under which this concept has been given greater prominence, becoming both a source of legitimation of the European integration process and a fundamental factor in the creation among citizens of a European identity. Citizenship of the Union treasures the indisputable virtue of being the first political and legal materialisation of a citizenship at a transnational level. Nevertheless, at the time like the present, when nationalist and xenophobic feelings against the EU are on the rise and national egoism is becoming an attractive alternative to integration, the European identity struggles to attain a legitimate status in the eyes of the citizenry. The challenge ahead is that we need to find a new way to narrate European integration to all those who do not feel part of this project and that do not understand the pressing need for being “united in diversity”. In this achievement, the EU stakes its future. With this in mind, in the third section of the article, I propose some areas where progress should be made to encourage a greater sense of integration among European citizens.


2017 ◽  
Vol 3 (1) ◽  
pp. 90-108
Author(s):  
Sophie Perez Fernandes

To mark 40 years of the Portuguese constitutional project and the 30 years of its interaction with the European (also constitutional) project, the text seeks, through the theme of good administration, to give practicality to the theory of inter-constitutionality – as it is a proposal construed by Portuguese doctrine, which seeks to explain the relationship between the EU legal order and the constitutional legal orders of the Member States. The hermeneutic exercise undertaken aims to extract from the Portuguese constitutional text, through the cross-interpretation of Article 268 CRP with Article 41 CFREU, elements for the construction of a concept of good administration relevant in the Portuguese constitutional legal order that, without prejudice to other dimensions/ projections, is also open to the subjective/protective dimension of good administration highlighted in the EU constitutional legal order. Assuming the European integration process is a dynamic factor of constitutional development, the present analysis regards the systemic differences in the field of good administration as inviting discursive conciliation with an aim to articulate a unity of meaning in the matter of good administration.


2020 ◽  
Vol 3 (1) ◽  
pp. 157-164
Author(s):  
Łukasz D. Wróblewski

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.


Author(s):  
Dmytro Boichuk ◽  
◽  
Yuliya Ignatyuk ◽  

Since the declaration of independence of Ukraine, our state aims to be recognized in the international arena. However, recognition is not the only goal, an important step is to join international organizations. The development of Ukraine in the world in today's conditions is based on the principles of European integration, taking into account the fundamental values of Western culture, which are an important aspect of civil democratic society: parliamentarism, liberalization, the rights of national minorities, human rights, freedom of movement, freedom of education of any level, etc. In recent years, any issues of Ukraine's foreign policy are quite relevant among the discussions of the Ukrainian society. The issue of European integration is one of the most important and characterized by the insolvency of this problem. Ukraine's participation in the processes of the European community is the subject of discussion not only in political circles, but also among the population. This article examines the general characteristics of the European Union, also clarifies the goals and principles of the EU, which in particular are aimed at maintaining peace and stability in Europe, adhering to the common values of the EU between all member states and ensuring the welfare of the peoples of the member states. The fundamental ideas and principles of the EU are defined, which are based on ensuring the free movement of people, goods, services and capital between member states. The problem of Ukraine's accession to the European Union, the main requirements for EU membership are investigated. This determines the relevance of the chosen topic for scientific research. An important part of the study is the definition of the directions of cooperation between Ukraine and the EU, including: energy, trade and investment, justice and internal affairs, approximation of the legislation of Ukraine to the EU legislation, environmental protection, etc. Also in this study we find out the readiness and current state of political reforms of the state of Ukraine on the way to joining the EU, as a result of which it is concluded that it is insane, the prospects of membership are, confirmation of this is a number of agreements on cooperation in different spheres, but the key aspect is to bring into line with internal legislation to acquis communautaire.


Author(s):  
Tatsiana Shaban

The European Union’s neighbourhood is complex and still far from being stable. In Ukraine, significant progress has occurred in many areas of transition; however, much work remains to be done, especially in the field of regional development and governance where many legacies of the Soviet model remain. At the crossroads between East and West, Ukraine presents an interesting case of policy development as an expression of European Union (EU) external governance. This paper asks the question: why was the relationship between the EU and Ukraine fairly unsuccessful at promoting stability in the region and in Ukraine? What was missing in the European Neighbourhood Policy (ENP) in Ukraine that rendered the EU unable to prevent a conflict on the ground? By identifying security, territorial, and institutional challenges and opportunities the EU has faced in Ukraine, this paper underlines the most important factors accounting for the performance of its external governance and crisis management in Ukraine.   Full text available at: https://doi.org/10.22215/rera.v12i2.1310


2018 ◽  
Vol 10 (4) ◽  
pp. 175
Author(s):  
Tanel Feldman ◽  
Marco Mazzeschi

Rights of residence derived from a durable relationship with an EU citizen, are left to a relatively wide discretion of the Member States. Pursuant to Article 2.2 (b) Directive 2004/38/EC (“Directive”), “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State” qualifies as family member. Provided that they have a durable relationship (duly attested) with an EU citizen, pursuant to Article 3.2(b), unregistered partners are as well beneficiaries of the Directive. The durable relationship was expressly excluded from the scope of Article 2(2)(b): “Unlike the amended proposal, it does not cover de facto durable relationships” (EU Commission, Document 52003SC1293). Article 3 (2)(a) covers “other family members” (no restrictions as to the degree of relatedness) if material support is provided by the EU citizen or by his partner or where serious health grounds strictly require the personal care of the family member by the Union citizen. Pursuant to Article 3.2, “other family members” and unregistered partners can attest a durable relationship, must be facilitated entry and residence, in accordance to the host Member State’s national legislation. In the light of Preamble 6 Directive, the situation of the persons who are not included in the definition of family members, must be considered “in order to maintain the unity of the family in a broader sense”. The questions discussed in this paper are the following: (i) are Member States genuinely considering the concept of durable relationship in view of maintaining the unity of the family in a broader sense? and (ii) how to overcome legal uncertainty and which criteria, both at EU and at international level, can be taken into account in order to assess whether a durable relationship is genuine and should be granted the rights set forth by the Directive?


2020 ◽  
Vol 10 (2) ◽  
pp. 8-13
Author(s):  
ALENA ANDREJOVSKÁ ◽  
VERONIKA KONEČNÁ ◽  
JANA HAKALOVÁ

VAT is one of the most decisive tax revenues sources in the EU Member States. Due to financial frauds and insufficient tax system, there is a billion loss of EUR every year in the European budget. The article deals with the impact of the tax evasion on economies of the EU Member States. By applying the top-down approach, we observed tax gaps as a quantifier of tax evasion from 2004 to 2017. The period around the economic crisis in 2009 was examined in more detail, as there was a sharp change in the evolution of tax gaps. We constructed a regression model, which examined the relationship of the tax gap and VAT tax revenues to selected determinants of tax evasion. The results showed that tax gaps in the Member States have been growing every year. We also found that there is an increase in tax revenues, but tax liabilities increase to greater extent.


Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 830
Author(s):  
Kristin Henrard

This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and most extensive section zooms in on the EU and religious minorities, starting with an account of the EU’s general approach towards minorities and then turning to the protection of fundamental rights of religious minorities in/through the EU legal order. First, the EU’s engagement with minority specific rights and the extent to which these norms have been attentive to religious themes will be discussed. Second, the CJEU’s case law concerning freedom of religion and the prohibition of dis-crimination as general human rights is analysed. The conclusion then turns to the overall perspective and discusses whether the EU’s protection of religious minorities’ fundamental rights can be considered ‘half-hearted’ and, if so, to what extent. This in turn allows us to return to the overall focus of the Special Issue, namely the relationship between the freedom of religion for all and special rights for religious minorities.


Author(s):  
Olga Shpakovych ◽  
Sofia Penkovska

The article presents the result of theoretical and practical study of the relationship between state sovereignty and supranationalityof international organizations. In particular, it is determined that the phenomenon of supranationality of international organizations isderived from state sovereignty and acts as its external law. It has been shown that, in view of this, supranationality is limited becauseit arises through the exercise of sovereignty by states, and, accordingly, is limited by the amount of state sovereignty exercised by states.The relevant mechanism has also been studied on the example of the functioning of the European Union.Regarding the theoretical results, the following should be noted. First, it was proved that despite the different approaches of scho -lars to the understanding of supranationality, definitions of this concept and the separation of its features (properties), in each case,supranationality is a direct realization of state sovereignty. At the same time, the realization of state sovereignty in relation to such pro -perties of international organizations as supranational is primary, and supranationality in this case is derivative. In addition, the phenomenonof supranationality of international organizations due to the fact that it is derived is limited, because supranationality arisesthrough the exercise of sovereignty by states, and, accordingly, is limited by the amount of state sovereignty exercised by states. Thatis why when analyzing the relationship between the supranationality of international organizations and state sovereignty, one cannotconsider the priority of one of the two, because supranationality is in essence a manifestation of state sovereignty.Regarding the practical results, the author considers it appropriate to emphasize that both the regional international organization –the EU was studied, and, at the same time, it was proved that all theoretical provisions were reflected in practice, in particular, envisagedfunctions, goals and the tasks of the studied international organizations are limited in scope by the manifestation of sovereignty shownby states, similar to the regulations issued by organizations. Another indication that the state can exercise its sovereignty in any case isthat there is an effective and transparent procedure for leaving these organizations


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