'The Institutional Foundations of Intergovernmentalism and Supranationalism in the European Union', International Organization, 55, pp. 357-90.

2017 ◽  
pp. 551-584
Keyword(s):  
European Union ◽  
International Organization ◽  
The European Union ◽  
Institutional Foundations

scholarly journals Externalizing Migration Management through Soft Law: The Case of the Memorandum of Understanding between Libya and Italy

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Martino Reviglio
Keyword(s):  
European Union ◽  
International Migration ◽  
Critical Discussion ◽  
International Organization ◽  
Soft Law ◽  
Illustrative Case ◽  
The European Union ◽  
Migration Management ◽  
The Many ◽  
Law Making

Abstract The externalization of migration management to third countries is becoming a recurrent phenomenon in international migration management. Soft law instruments emerged as an important strategy to externalize migration management to third countries through international migration agreements. In particular, in the last years the European Union and some member states have adopted bilateral and multilateral migration agreements in order to diminish the arrival of migrants in Europe. These agreements in the form of soft law instruments are problematic because do not follow the ordinary process of law making and thus it is difficult to assess their legal effectivity. The memorandum of understanding signed in February 2017 between Libya and Italy represents an illustrative case of the process of externalizing migration management through soft law. From a critical discussion of the memorandum, many problems in relation to its legal and material validity follow. In particular, the protection of migrants’ human rights in Libya is not guaranteed as the many international organization and NGOs reports indicate.

The European Union

2019 ◽  
pp. 262-283
Author(s):  
Daniel Fiott ◽  
Luis Simón
Keyword(s):  
European Union ◽  
International Organization ◽  
Grand Strategy ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Strategy Making

Many theorists and policymakers may be surprised to learn that an international organization, such as the European Union, has the capacity to form and articulate its own grand strategy. However, identifying “who” makes EU grand strategy is challenging. A range of institutions and actors play a role in the formulation, consolidation, and execution of the EU’s grand strategy. These institutions, together with EU member states, define “grand strategy” in differing ways. Furthermore, some actors are more conscious than others that they are actually engaged in “grand strategy”–making rather than simply debating policies. This chapter identifies the leading actors in EU grand strategy; why and how these actors pursue grand strategy goals using a variety of instruments; discusses what those goals have been; and the prospects for their attainment.

2. Constitutional Nature

2021 ◽  
pp. 41-72
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
United Nations ◽  
International Organization ◽  
Political Organization ◽  
State Sovereignty ◽  
Nation State ◽  
The European Union ◽  
The United Kingdom ◽  
The Us ◽  
Conceptual Distinction

This chapter discusses the nature of the European Union, presenting two—opposing—‘federal’ traditions that have been competing with each other over the past 200 years. It begins by introducing the US federal tradition, which has historically understood a Union of States as a third form of political organization between international and national law. The chapter then moves to the newer German federal tradition. Insisting on the indivisibility of sovereignty, this second tradition ultimately led to the following conceptual distinction: a ‘Union of States’ is either an international organization—like the United Nations—or a nation State—like Germany or the United Kingdom. Finally, the chapter applies both theories to the European Union. From the perspective of the older US tradition, the European Union can be seen as a Federation of States. The German tradition, by contrast, reduces it to a (special) international organization. Which is the better theory here? If legal theories are meant to explain legal practice, one sees that the second theory—insisting on the idea of State sovereignty—runs into serious explanatory difficulties and should consequently be discarded. The European Union is indeed best understood as a ‘Federation of States’.

8. The Commission Services: A powerful permanent bureaucracy

2017 ◽  
Author(s):  
Liesbet Hooghe ◽  
Christian Rauh
Keyword(s):  
European Union ◽  
European Commission ◽  
Agenda Setting ◽  
International Organization ◽  
The European Union ◽  
Eu Governance ◽  
Organization Models

This chapter examines the functions and organization of the European Commission services, arguing that they are a bureaucracy with unique agenda-setting powers at the heart of the European Union polity. It begins with an overview of the origins and evolution of the Commission services, focusing on the influence of Jean Monnet, first President of the High Authority of the European Coal and Steel Community (ECSC), and how the services were shaped by national bureaucratic models as well as international organization models. The chapter proceeds by discussing the Commission services’ powers, structure, and functioning and what the officials think about the role of the institution with respect to agenda-setting, nationality, and EU governance. It argues that while the Commission bureaucracy has become more circumspect of bold political initiatives, neither its capacity nor its will to play a strong policy role in Europe have been significantly weakened.

Sejm i Senat wobec wyzwań Unii Europejskiej

2019 ◽  
Vol 2 ◽  
pp. 103-114
Author(s):  
Ilona Grądzka
Keyword(s):  
European Union ◽  
National Level ◽  
International Organization ◽  
Decision Making Process ◽  
Primary Role ◽  
International Level ◽  
The European Union ◽  
National Parliaments ◽  
The Republic ◽  
The Eu

The article’s goal is to present the consequences of Polish membership in the European Union (EU) for the functioning of the Polish Sejm and Senate at the national and international level. Polish accession to the European Union resulted in changes to the scope of competences of certain organs of the Republic of Poland. This was related to the transfer of specific state competences to an international organization and it applied, in particular, to the Polish Parliament (the Sejm and Senate) which has lost its primary role as legislator of laws applicable in Poland. In order to avoid the marginalization of national parliaments in the EU decision-making process, appropriate legal measures have been introduced at the national and international level. Additionally, after the Treaty of Lisbon entered into force, national parliaments have received new competences which allowed them to exist on the forum of the European Union. The article puts forward the thesis that the Polish Sejm and Senate have lost their position as main legislative bodies at the national level but, at the same time, they have acquired a new European function which can neither be qualified as traditionally understood legislative nor controlling functions.

Wartości czy interesy? Przyczynek do rozważań o istocie procesów integracji w ramach Unii Europejskiej

2018 ◽  
pp. 96-115
Author(s):  
Aleksandra Szczerba-Zawada
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Order ◽  
International Organization ◽  
The European Union ◽  
Member States ◽  
Common Values ◽  
The Eu

The purpose of this article is to try to outline the essence of membership of the European Union. This international organization, by virtue of the decision of its creators, i.e. the Member States, has been equipped with attributes, which have determined its unique – supranational – character. As a new legal order, the European Union has been granted some scope of autonomy, but ontologically it is dependent on the Member States. It is the Member States that have taken decision on setting up a new integration structure with a center of decision-making located not only outside but also above them, the scope of its competences and instruments of their exercising, and as “masters of the Treaties”, may decide to dissolve it. The decision to join the European Union seems to be determined pragmatically and praxiologically – upon benefits of cooperation within the framework of the EU. In this perspective solidarity, understood as the unity and equality of the Member States, based on common values, becomes a factor legitimizing the EU, and at the same time – a guarantor of its existence, especially in times of crisis.

Supranational aspects in the functioning of the European Union

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 167-187
Keyword(s):  
European Union ◽  
Special Kind ◽  
State Level ◽  
International Organization ◽  
The European Union ◽  
Interstate Cooperation ◽  
Enforcement Mechanisms ◽  
Definition Of ◽  
Domestic Law ◽  
The Eu

The article is an attempt based on a generalization of the experience of the European Union (EU), to identify the essential characteristic of supranationality in the context of the interaction of international law with domestic law, to assess the legal nature of the EU and to offer the reader an authorial definition of “supranationality”. The general conclusion of the paper is that supranationality should be understood as an effective form of interstate cooperation and activity within the international organization, based on unity of interests, in which the authority serving these interests receives some degree of autonomy from the participating countries by transferring (conceding) part of their internal powers to it. As a result, its decisions, without prior transformation into domestic law, have a general normative character and direct effect not only on member states, but also on their natural and legal persons, which is ensured by effective enforcement mechanisms. At the same time, the supranational level, which has a considerable number of independent regulatory powers, is hierarchically higher than inter-state level, therefore, its law also has primacy over the national law. Besides, within the framework of the article, particular attention is paid to description of main approaches that characterize the legal essence of the European Union. The author expresses an opinion on the appropriateness of understanding the EU as an international organization of a special kind (sui generis), which combines elements of classical international organizations with supranational features in its functioning.

2. Constitutional Nature

2021 ◽  
pp. 41-72
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
United Nations ◽  
International Organization ◽  
Political Organization ◽  
State Sovereignty ◽  
Nation State ◽  
The European Union ◽  
The United Kingdom ◽  
The Us ◽  
Conceptual Distinction

This chapter discusses the nature of the European Union, presenting two opposing ‘federal’ traditions that have been competing with each other over the past 200 years. It begins by introducing the US federal tradition, which has historically understood a Union of States as a third form of political organization between international and national law. The chapter then moves to the newer German federal tradition. Insisting on the indivisibility of sovereignty, this second tradition ultimately led to the following conceptual distinction: a ‘Union of States’ is either an international organization—like the United Nations—or a nation State—like Germany or the United Kingdom. Finally, the chapter applies both theories to the European Union. From the perspective of the older US tradition, the European Union can be seen as a Federation of States. The German tradition, by contrast, reduces it to a (special) international organization. Which is the better theory here? If legal theories are meant to explain legal practice, one sees that the second theory—insisting on the idea of State sovereignty—runs into serious explanatory difficulties and should consequently be discarded. The European Union is indeed best understood as a ‘Federation of States’.

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