Local border traffic as a liberalization of the Schengen legal regime in the regional dimension with particular regard to the EU-Ukraine border

2020 ◽  
Vol 18 (1) ◽  
pp. 161-176
Author(s):  
Anna Szachoń-Pszenny
Keyword(s):  
Legal Analysis ◽  
The European Union ◽  
Legal Regime ◽  
Eastern Border ◽  
The Subject ◽  
Free Movement Of Persons ◽  
The Impact ◽  
Cross Border Cooperation ◽  
The Eu

Local border traffic has a legal basis in the Schengen acquis and is related to the EU’s free movement of persons, which, subject to certain conditions, is also available to third-country nationals. The subject of the article is the legal analysis of the Schengen regime in the context of cross-border cooperation with selected third countries on the external eastern border. The research thesis is proving that local border traffic is an exception to the Schengen regime and at the same time defines the regional dimension of the Schengen area. These analyses will be based on the practical context, which is the operation of the local border traffic on the example of the external eastern border of the European Union, particularly the EU-Ukraine border, which is also the external border of the EU and the Schengen area. In this context, the impact of the liberalized Schengen regime on the movement of people across the EU-Ukraine external border will be examined, which will indicate its phased nature with particular emphasis on the role of local border traffic as a transition phase between visa and visa-free traffic. The article uses comparative statistical data on both forms of liberalization of the Schengen legal regime on the border with Ukraine. At the same time, considering the local border traffic on the EU-Ukraine border, it is worth putting forward a thesis that the local border traffic is increasingly being replaced by visa-free travel. In addition, the LBT became the first step to introduce a visa-free regime, which is further liberalization of the Schengen regime.

scholarly journals Spain

2021 ◽  
Author(s):  
Adriana Skorupska
Keyword(s):  
European Union ◽  
State Government ◽  
State Level ◽  
Regional Level ◽  
The European Union ◽  
Autonomous Communities ◽  
Government Relations ◽  
The Impact ◽  
The Eu

One objective of this chapter is to characterize the activities between Spanish communities and Chinese provinces and cities – their intensity, scope, advantages and obstacles that they face. The question relates to a broader perspective – the bilateral state government relations and the EU-China cooperation: is there any correlation between the relations at the state level and the regional level? Moreover, one of the ultimate goals of the whole project is to analyse the impact of the EU-China relations on paradiplomacy. Do the autonomous communities see any role of the EU in their activities with Chinese partners? Do they need any support from the European Union to have more intense or effective cooperation with this Asian partner?

scholarly journals The Limited Role of the European Union in the Management and Governance of the COVID-19 Pandemic

2021 ◽  
Vol 18 (3) ◽  
pp. 482-506
Author(s):  
Joelle Grogan
Keyword(s):  
Rule Of Law ◽  
Stress Test ◽  
The European Union ◽  
Health Crisis ◽  
Eu Member States ◽  
States Of Emergency ◽  
National Governments ◽  
The Impact ◽  
The Eu

Abstract Building on two global Symposia hosted by the Verfassungsblog and convened by the author, the 2020 “COVID-19 and States of Emergency” and the 2021 “Power and the COVID-19 Pandemic”, in addition to the findings of the Democracy Reporting International ‘Rule of Law Stress Test’ which surveyed EU Member States’ responses to the pandemic, this article investigates the impact of the pandemic on governance and legal systems within the EU, and evaluates the actions taken by EU institutions and national governments in response to the health crisis against the standards of the rule of law.

scholarly journals Who Teams Up with the European Parliament? Examining Multilevel Party Cooperation in the European Union

2021 ◽  
pp. 1-22
Author(s):  
Katharina L. Meissner ◽  
Guri Rosén
Keyword(s):  
European Union ◽  
European Parliament ◽  
Policy Preferences ◽  
The European Union ◽  
National Parliaments ◽  
Eu Policy ◽  
Trade Politics ◽  
The Impact ◽  
The Eu

Abstract As in nearly all European Union (EU) policy areas, scholars have turned to analysing the role of national parliaments, in addition to that of the European Parliament (EP), in trade politics. Yet, there is limited understanding of how the parliamentarians at the two levels interact. This article fills the gap by conceptualizing these interactions as a continuum ranging between cooperation, coexistence and competition. We use this continuum to explore multilevel party interactions in EU trade talks and show how cooperation compels politicization – national parliamentarians mainly interact with their European colleagues in salient matters. However, we argue that the impact of politicization on multilevel relations between parliamentarians in the EP and national parliaments is conditioned by party-level factors. Hence, we account for how and why politicization triggers multilevel party cooperation across parliaments in the EU through ideological orientation, government position and policy preferences and show how this takes place in the case of trade.

scholarly journals Cross-Border Cooperation in the Carpathian Euroregion: Ukraine and the EU

2019 ◽  
Vol 1 (1) ◽  
pp. 43-53
Author(s):  
Tatiana Shaban
Keyword(s):  
The European Union ◽  
Cooperation Agreement ◽  
Cross Border ◽  
Cooperation Strategy ◽  
Eastern Border ◽  
Set Up ◽  
National Governments ◽  
Cross Border Cooperation ◽  
The Eu

Cross-border cooperation among the Eastern neighbours of the European Union can be understood as a new approach to public policy and border governance in the region. There was no border cooperation strategy between communist and European countries during Soviet times. The question of the management of the Eastern border of the EU, especially with Belarus, Ukraine, and Moldova, came on the agenda in 1997, when accession to the union was finally opened to Eastern and Southern European candidates. With the Partnership and Cooperation Agreement that came into force in 1998, Ukraine signalled its foreign policy orientation as European, asserting that Western integration would help modernize its economy, increase living standards, and strengthen democracy and rule of law. The European Commission required “good neighbourly relations” as a further condition for accession and in conjunction, the concept of “Wider Europe” was proposed to set up border-transcending tasks. The Carpathian Euroregion was established to contribute to strengthening the friendship and prosperity of the countries of this region. However, the model was not fully understood and had only limited support of the national governments. This article uses the Carpathian Euroregion as a case study to show that overall Ukraine and the EU’s Eastern neighbourhood presents more opportunities for effective cooperation with the EU rather than barriers or risks.

scholarly journals Status obywatela UE a Europejski Program w zakresie Migracji

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 163-182
Author(s):  
Katarzyna Strąk
Keyword(s):  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Research Material ◽  
Legal Situation ◽  
The Status ◽  
The Subject ◽  
The Impact ◽  
The Eu

Przedmiotem tego artykułu jest próba oceny wpływu Europejskiego programu w zakresie migracji z 2015 r. na status obywatela UE. Ocena ta została zrealizowana w kontekście swobody przemieszczania się na podstawie art. 21 TFUE w dwóch obszarach. Pierwszym z nich jest tymczasowe wprowadzenie kontroli na granicach wewnętrznych państw członkowskich UE, drugim – środki przyjmowane przez państwa członkowskie, związane z utrzymaniem porządku publicznego i bezpieczeństwa publicznego, w tym ochroną przed zagrożeniem terrorystycznym. Materiał badawczy jest jednak stosunkowo nieliczny, ogranicza się do wybranych przepisów Kodeksu Granicznego Schengen i wybranych spraw przed Trybunałem Sprawiedliwości UE, w dalszym ciągu w większości przypadków jeszcze nierozstrzygniętych. Mimo to z analizy tej wynika konkretny wniosek. Przepisy unijne, nawet jeśli faktycznie ograniczają sytuację prawną obywateli unijnych, wpisują się w zakres ograniczeń dopuszczalnych. Rzeczywisty wpływ na ograniczenie praw wynikających z posiadania statusu obywatela UE mają przepisy państw członkowskich. Status of Citizen of the European Union and European Agenda on Migration The subject of this article is to attempt to assess the impact of the 2015 European Agenda on Migration on the status of an EU citizen. This assessment was carried out in the context of freedom of movement under Article 21 TFEU, within two areas. The first one is the temporary introduction of controls at the internal borders of EU Member States, the second one are measures adopted by Member States and related to the maintenance of public order and public security, including protection against the terrorist threat. The research material is however relatively sparse, limited to selected provisions of the Schengen Borders Code and selected cases before the Court of Justice of the EU, still mostly pending. Nonetheless, one conclusion that emerges from this analysis is that EU rules, even if they actually restrict the legal situation of EU citizens, fall within the scope of acceptable restrictions. The real impact on the limitation of the rights attached to the status of EU citizen is in the Member States’ legislation.

scholarly journals Migrations in Europe: Fears due to the enlargement of the EU to the East

Stanovnistvo ◽  
2003 ◽  
Vol 41 (1-4) ◽  
pp. 131-145
Author(s):  
Mirjana Morokvasic
Keyword(s):  
European Union ◽  
Migration Policy ◽  
Buffer Zone ◽  
The European Union ◽  
Eastern Border ◽  
Eastern European Countries ◽  
The Moment ◽  
Restrictive Measures ◽  
The Impact ◽  
The Eu

The European Union is confronted with the biggest enlargement in its history: ten states, among them eight middle European - the so called "buffer zone" in the new European migration landscape - will become members in 2004. Other candidates hope to join in the coming years. For all Eastern and Eastern European countries, including those that are not candidates, the end of the bi-polar world meant a hope of "return to Europe". When shifting its borders to the East, the European Union both includes and excludes. The final objective to achieve Europe as "a space of freedom, security and justice", is conditioned by the capacity and necessity to control the migratory flows. The prospect of free circulation for the citizens of the new Union members entails also fears: the EU countries are afraid of the consequences the enlargement would have on migratory flows from the countries of the Central and Eastern Europe and which transit through that area. The perception of migrants as a threat inspired the conditions that the Union imposed on the candidate countries concerning migration policy issues and which mostly focus on the protection of its Eastern borders. For the future Union members however, protecting of the thousand of kilometers of their Eastern border, implies a number of quite different problems. These countries are afraid of the impact the restrictive measures they are obliged to implement would have both on many economic and family ties which have been maintained since the socialist period and on more recently engaged cooperation with the neighbours which are not candidates. The challenge of enlargement is different therefore for the EU members, for the candidate countries and for those who are for the moment excluded from the process. The fears do not seem to be always grounded. Thus, the impact of enlargement which, it was feared, could have been so destabilizing for the Union because of potentially large migration flows, is more likely to be destabilizing for the new candidate countries, especially concerning their relations with their neighbours excluded from the enlargement process.

scholarly journals How do we make sense of chaos? Navigating health research regulation through the liminality of the Brexit process

2018 ◽  
Vol 18 (2-3) ◽  
pp. 110-134 ◽  
Author(s):  
Graeme Laurie
Keyword(s):  
Human Health ◽  
Health Research ◽  
Predictive Power ◽  
Central Feature ◽  
The European Union ◽  
The United Kingdom ◽  
One Year ◽  
The Impact ◽  
The Eu

This article examines the Brexit process through the anthropological lens of liminality. As a concept that explains the impact of change and transformation on human experience, it is argued that liminality is an especially valuable perspective to understand better the phenomenon of Brexit, particularly as to how this might impact on the regulation of human health research. A central feature of liminality is its attention to process; that is, the identification of milestone thresholds within a series of events involving change. More particularly, liminality has a degree of predictive power about certain influencing factors on transformational processes and their outcomes. In this regard, the pivotal role of law is subjected to close scrutiny in the period leading up to March 29, 2018: one year before the so-called Brexit Day. The European Union (EU) (Notification of Withdrawal) Act 2017 was the threshold trigger for the Brexit process, while the EU Withdrawal Bill 2017–2019 has as its objective the shepherding through of the United Kingdom in its departure from the EU. The argument is made that these events are liminal moments in European legal and human history; moreover, lessons from history are used to identify the specific implications for human health research as an area of human activity that will be profoundly impacted by the Brexit process. This analysis also provides a means to reflect on the broader implications of what a disruptive process such as Brexit means for law generally.

scholarly journals A Council of Europe perspective on the European Union: Crucial and complex cooperation

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Jörg Polakiewicz
Keyword(s):  
Fundamental Rights ◽  
Shared Responsibility ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Financial Arrangements ◽  
The Impact ◽  
The Eu

The article addresses the institutional role of the EU in the Council of Europe, with particular emphasis on EU participation in Council of Europe treaties and EU accession to the ECHR. While recognising the joint effort to achieve greater unity in the region of Europe through respect for the shared core values of pluralist democracy, human rights and the rule of law, the concerns raised by non-Member States of the EU about the impact of EU law and policies on the Council of Europe’s standards are examined. It is argued that the Council of Europe and the EU have a shared responsibility for upholding the effectiveness of their respective frameworks and ensuring that any overlapping competences do not create conflict. This is particularly evident when it comes to the European system for the protection of fundamental rights, which is characterised by overlapping standards and procedures. The existing cooperation between the Council of Europe and the EU should be strengthened through a more rational, rules-based approach. In particular, it is suggested that the two systems should jointly agree on a series of basic principles on the treaty-making process, providing for horizontal application by the introduction of specific rules on, for example, voting and speaking rights of the EU, the sharing of reporting obligations between the EU and its Member States under Council of Europe monitoring mechanisms, and financial arrangements. The EU’s participation and financial contribution to monitoring follow-up should always be considered on a case-by-case basis, taking into account the specificities of each mechanism.

scholarly journals A Knot Not to Be Cut? The Legacy of Brexit over the CJEU

2021 ◽  
Vol 9 (1) ◽  
pp. 27-36
Author(s):  
Marta Simoncini ◽  
Giuseppe Martinico
Keyword(s):  
European Union ◽  
Transition Period ◽  
The European Union ◽  
Advocate General ◽  
Court Of Justice ◽  
The Uk ◽  
The Impact ◽  
Structure And Activity ◽  
The Eu

What was the role of the Court of Justice of the European Union (CJEU) in the Brexit saga? And what will the impact of Brexit be over the future structure and activity of the CJEU? This article deals with this twofold question and explores three different issues. Firstly, we will offer a reflection on the questions and the risks raised by the Wightman case, where the CJEU ruled on the unilateral revocation of the UK notification of its intention to withdraw from the European Union under Art. 50 Treaty of the EU. Secondly, we will analyse the impact of Brexit on the composition of the CJEU and, particularly, the risks for the independence of the Court raised by the advanced termination of the mandate of the British Advocate General. Thirdly, we will provide some insights on the scope of the jurisdiction of the CJEU in the post-Brexit Union, emphasising how the Withdrawal Agreement maintained its jurisdiction during and even beyond the transition period. This article reflects the events that took place up to 6 October 2020.

scholarly journals Harmonization of investment services in the European Union - the example of investment funds

2012 ◽  
Vol 3 (1) ◽  
pp. 73-88
Author(s):  
Marek Popielas
Keyword(s):  
European Union ◽  
Financial Services ◽  
Developed Countries ◽  
The European Union ◽  
Investment Funds ◽  
European Regulations ◽  
The Subject ◽  
European Investment ◽  
The Impact

This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.

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