scholarly journals Den Stier das Tanzen lehren?

2012 ◽  
Vol 42 (168) ◽  
Author(s):  
Andreas Fisahn
Keyword(s):  
European Union ◽  
Financial Market ◽  
Debt Crisis ◽  
Social Benefits ◽  
The European Union ◽  
German Government ◽  
Capital Movements ◽  
Authoritarian State ◽  
The Status ◽  
The Eu

The crisis of the European Union cannot be solved by austerity programs. Therefore a closer look at the reasons of the crisis seems to be reasonable, which includes a description of the development of the EU from 1951 to present times. The Union started as a tariff union and evolved through different steps to an order of competitive states. The main fields of competition between the states are taxes and social costs, which leads to tax dumping and a race to the bottom in social benefits. Starting in 1990 the EU achieved the status of an open financial market, with the duty of deregulation of capital movements being stipulated in Treaties. In the end the problem is not a debt crisis but a crisis of the structure of the European Union. The solution – which especially the German government prefers – may be the first step on the way to an authoritarian state.

Neoliberals against Europe

2019 ◽  
pp. 89-111 ◽  
Author(s):  
Quinn Slobodian ◽  
Dieter Plehwe
Keyword(s):  
European Union ◽  
Debt Crisis ◽  
European Politics ◽  
Right Wing ◽  
The European Union ◽  
Far Right ◽  
Explanatory Framework ◽  
European Debt Crisis ◽  
Over Time ◽  
The Eu

Since the advent of the European debt crisis in 2009, it has become common to hear descriptions of the European Union as a neoliberal machine hardwired to enforce austerity and to block projects of redistribution or solidarity. Yet by adopting an explanatory framework associating neoliberalism with supranational organizations like the EU, NAFTA, and the WTO against the so-called populism of its right-wing opponents, many observers have painted themselves into a corner. The problems with a straightforward compound of “neoliberal Europe” became starkly evident with the success of the “leave” vote in the Brexit referendum in 2016. If the EU was neoliberal, were those who called to abandon it the opponents of neoliberalism? If the EU is indeed the “neoliberalism express,” then to disembark was by definition a gesture of refusal against neoliberalism. To make sense of the resurgent phenomenon of the far right in European politics, then, our chapter tracks such continuities over time and avoids misleading dichotomies that pit neoliberal globalism—and neoliberal Europeanism—against an atavistic national populism. The closed-borders libertarianism of nationalist neoliberals like the German AfD is not a rejection of globalism but is a variety of it.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

From embedded to uncompromising neoliberalism: Competitiveness policies and European Union interscalar relations in the case of Greece

2016 ◽  
Vol 24 (3) ◽  
pp. 227-240 ◽  
Author(s):  
Nicos Souliotis ◽  
Georgia Alexandri
Keyword(s):  
European Union ◽  
Sovereign Debt ◽  
Central Government ◽  
Debt Crisis ◽  
The European Union ◽  
Governance System ◽  
Before And After ◽  
Supranational Level ◽  
Of Greece ◽  
The Eu

This article traces the transfer of competitiveness and cohesion policies from the European Union (EU) institutions to the national and subnational authorities in Greece, both before and after the sovereign debt crisis. We argue that prior to the crisis, the flexibilities of the EU governance system allowed the Greek central government to use the competitiveness and cohesion agenda, as well as the associated funds, to build a domestic socio-political consensus focused on the idea of ‘convergence’ with Europe. The crisis-induced bailout programme deepened neoliberal policies and reorganised vertical and horizontal power relations: policy-making powers have been upscaled towards the supranational level, while the national authorities have been socially disembedded.

Remarks on Art. I-52 of the Constitutional Treaty: New Aspects of the European Ecclesiastical Law?

2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski
Keyword(s):  
European Union ◽  
Religious Communities ◽  
The European Union ◽  
Constitutional Treaty ◽  
Ecclesiastical Law ◽  
Religious Associations ◽  
The Status ◽  
Ec Law ◽  
First Time ◽  
The Eu

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”

scholarly journals Why withdrawal from the European Union is undemocratic

2017 ◽  
Vol 9 (3) ◽  
pp. 436-465 ◽  
Author(s):  
Tore Vincents Olsen ◽  
Christian F. Rostbøll
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
Individual Member ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Political Units ◽  
Article 50 ◽  
The Eu

The Lisbon Treaty from 2009 introduced the possibility for individual member states to withdraw from the European Union (EU) on the basis of a unilateral decision. In June 2016 the United Kingdom decided to leave the EU invoking article 50 of the treaty. But is withdrawal democratically legitimate? In fact, the all-affected principle suggests that it is undemocratic for subunits to leave larger political units when it adversely affects other citizens without including them in the decision. However, it is unclear what the currency of this affectedness is and, hence, why withdrawal would be undemocratic. We argue that it is the effect of withdrawal on the status of citizens as free and equal that is decisive and that explains why unilateral withdrawal of subunits from larger units is democratically illegitimate. Moreover, on the ‘all-affected status principle’ that we develop, even multilaterally agreed withdrawal is undemocratic because the latter diminishes the future ability of citizens to make decisions together regarding issues that affect their status as free and equal. On this basis, we conclude that it is undemocratic for a member state such as the United Kingdom to withdraw from the EU.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Are the tendencies of the race to the bottom real in the European Union?

2013 ◽  
Vol 61 (4) ◽  
pp. 893-898
Author(s):  
Veronika Dvořáková
Keyword(s):  
European Union ◽  
Tax Competition ◽  
Debt Crisis ◽  
Panel Analysis ◽  
Tax Rates ◽  
The European Union ◽  
Effective Tax Rates ◽  
Race To The Bottom ◽  
Member States ◽  
The Eu

The increasing globalization and integration of markets are one of the causes of tax competition. Even though tax competition may be beneficial for some countries, on the other hand for others states it may mean an erosion of their public budgets. The Member States are therefore forced to compete for a capital by a reducing of the tax burden (especially a cutting of the corporate effective tax rates) to don’t lose their tax bases. At present time of the debt crisis, when most of the Member States look for a solution to a balance of their deficit budgets, there a question arises whether a tendency towards a cutting of corporate effective tax rates does not lead to a race to the bottom and the erosion of their public budgets. In this context, the aim of this paper is to answer whether the race to the bottom is real in the European Union. This paper empirically evaluates the level of the race to the bottom in the European Union and using panel analysis it verifies on a sample of 27 Member States over the period 1998 to 2010 whether the tendencies of the race to the bottom are real. According to the panel analysis this paper concludes that the tendencies of the race to the bottom are particularly evident in the new Member States, i.e. in the EU-12 countries, while for the old Member States, i.e. for the EU-15 countries, the race to the bottom cannot be statistically confirmed.

scholarly journals Commissaire Général Aux Réfugiés et Aux Apatrides v. Mostafa Lounani (C.J.E.U.)

2018 ◽  
Vol 57 (6) ◽  
pp. 1080-1096
Author(s):  
Sarah Progin-Theuerkauf
Keyword(s):  
European Union ◽  
Security Council ◽  
Geneva Convention ◽  
United Nations Security Council ◽  
The European Union ◽  
International Protection ◽  
Court Of Justice ◽  
The Status ◽  
Grand Chamber ◽  
The Eu

On January 31, 2017, the Grand Chamber of the Court of Justice of the European Union rendered its judgment in the case Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani. In the judgment, the Court had to interpret the exclusion grounds of the EU Qualification Directive of 2004 that in its Article 12(2) has literally duplicated Article 1F of the 1951 Geneva Convention Relating to the Status of Refugees. It had to answer the question of whether an applicant for international protection can be excluded from being a refugee even though it is not established that he himself committed, attempted to commit, or threatened to commit a terrorist act as defined by the resolutions of the United Nations Security Council, but has “just” been convicted of participation in the activities of a terrorist group.

Contemporary Crisis Trends in European Union’s Development and Their Influence on Ukraine – EU Relations

2017 ◽  
pp. 151-160
Author(s):  
Nataliia Popova
Keyword(s):  
European Union ◽  
Negative Impact ◽  
Debt Crisis ◽  
The European Union ◽  
Economic Problems ◽  
External Relations ◽  
Security Challenges ◽  
Migration Crisis ◽  
Crises Management ◽  
The Eu

The European Union is currently facing multiple crises and challenges, the future shape and character of the Union are being increasingly questioned. The processes occurring in the EU have direct impact on its external relations with other countries. The aim of the article is to analyse the contemporary peculiarities and problems of European Union's development and its impact on further relations between Ukraine and the EU. It argues that the crises management has become a new daily reality for Europe since 2009. Further, the article briefly examines the most significant crisis trends in the EU: economic problems, migration crisis, Euroscepticism, security challenges, Brexit. The latter is considered from two perspectives: as the first step to EU's disintegration and as the chance to rethink the European project. Economic problems as Euro crisis, debt crisis, unemployment are discussed and the main measures for their solving are outlined. The origins, scale and consequences of migration crisis for the EU are determined in the article. The next analyzed problem is the rise of Euroscepticism in the EU, the most influential eurosceptic parties in different EU-countries are named. Key security challenges for the EU with the emphasis on the Russian aggression in eastern Ukraine are examined at the end of the article. As the result of analysis it is concluded that the contemporary problems of the EU have mainly negative impact on the development of the Ukraine-EU relations and its future strongly depends on that, how and when the European Union will overcome all effects of recent crises. Keywords: European Union (EU), Ukraine, migration crisis, Euroscepticism, Brexit, Russian-Ukrainian conflict

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