scholarly journals EU as a human rights actor?

2018 ◽  
Vol 2 (2) ◽  
pp. 91-105
Author(s):  
Lucia Mokrá ◽  
Kristína Janková

The human rights are fundamental principle of the European Union law, which should be observed in adoption of legislative rules as well as in implementation practice. The EU had been initially founded as the economic cooperation project and an ambition to establish cooperation between its member states also in political agenda became more visible especially since the Lisbon Treaty, by which the position of EU in area of external relations was strengthened. The paper analyses position of the European Union when promoting and protecting human rights in external relations. As there exist several tools and mechanisms EU may use in implementation of human rights policy, we analyze the role of the EU in relation to the application of human rights in foreign policy as stated in Article 2 and Article 6 of the Treaty on European Union.

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.


2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.


Author(s):  
Berman Paul

This chapter examines the unique characteristics of the European Union in conducting its external relations, including its limitations and complex division of responsibilities. The Union’s position on the international stage has frequently been seen as ambiguous. Its extensive common policies and legislation, and its extensive relations with third States and international organizations, can create the expectation that the European Union can or should act at the international level in a manner akin to that of a single State. However the Union can only act within the limits of the powers conferred on it by its Member States under the EU Treaties and the complex division of responsibilities amongst the Union’s own institutions. As such, dealing with the European Union at the international level can indeed be perplexing.


2015 ◽  
Vol 59 (11) ◽  
pp. 38-46
Author(s):  
A. Kokeev

Relations between Germany, the US and NATO today are the core of transatlantic links. After the Cold War and the reunification of Germany, NATO has lost its former importance to Germany which was not a "frontline state" anymore. The EU acquired a greater importance for German politicians applying both for certain political independence and for establishing of a broad partnership with Russia and China. The task of the European Union Common Foreign and Security Policy (CFSP) development has been regarded by Berlin as a necessary component of the NATO's transformation into a “balanced Euro-American alliance”, and the realization of this project as the most important prerequisite for a more independent foreign policy. Germany’s refusal to support the US invasion of Iraq in 2003 led to the first serious crisis in US Germany relations. At the same time, there was no radical break of the deeply rooted Atlanticism tradition in German policy. It was Angela Merkel as a new head of the German government (2005) who managed to smooth largely disagreements in relations with the United States. Atlanticism remains one of the fundamental foreign policy elements for any German government, mostly because Berlin’s hope for deepening of the European integration and transition to the EU CFSP seems unrealistic in the foreseeable future. However, there is still a fundamental basis of disagreements emerged in the transatlantic relationship (reduction of a military threat weakening Berlin’s dependence from Washington, and the growing influence of Germany in the European Union). According to the federal government's opinion, Germany's contribution to the NATO military component should not be in increasing, but in optimizing of military expenses. However, taking into account the incipient signs of the crisis overcoming in the EU, and still a tough situation around Ukraine, it seems that in the medium-term perspective one should expect further enhancing of Germany’s participation in NATO military activities and, therefore, a growth in its military expenses. In Berlin, there is a wide support for the idea of the European army. However, most experts agree that it can be implemented only when the EU develops the Common Foreign and Defense Policy to a certain extent. The US Germany espionage scandals following one after another since 2013 have seriously undermined the traditional German trust to the United States as a reliable partner. However, under the impact of the Ukrainian conflict, the value of military-political dimension of Germany’s transatlantic relations and its dependence on the US and NATO security guarantees increased. At the same time, Washington expects from Berlin as a recognized European leader a more active policy toward Russia and in respect of some other international issues. In the current international political situation, the desire to expand political influence in the world and achieve a greater autonomy claimed by German leaders seems to Berlin only possible in the context of transatlantic relations strengthening and solidarity within the NATO the only military-political organization of the West which is able to ensure the collective defense for its members against the external threats. However, it is important to take into consideration that not only the value of the United States and NATO for Germany, but also the role of Germany in the North Atlantic Alliance as a “representative of European interests” has increased. The role of Germany as a mediator in establishing the West–Russia relations remains equally important.


2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv

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.


2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.


2009 ◽  
Vol 4 (2) ◽  
pp. 211-233 ◽  
Author(s):  
Simon Duke

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.


2012 ◽  
Vol 9 (1) ◽  
pp. 63-70 ◽  
Author(s):  
Nicolas de Sadeleer

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.


2018 ◽  
pp. 71-94
Author(s):  
Zdzisław W. Puślecki

The paper aims to present the global determinants of the increased competitiveness of the European Union in the 21st century. Its detailed purpose was to determine the position of the European Union vis-à-vis the USA and Japan, to indicate the role of innovation and employment in the increased competitiveness of the EU, the position of the Common Agricultural Policy under the circumstances of increased competition, the increased importance of ser- vices, the position of the European Union as compared to the competitiveness of BRIC, and how the EU functions within WTO principles. The analysis of these research issues indicates that the European Union is facing a number of significant challenges in the early 21st century. Those related to the prices of goods and resources are particularly worth pointing out. They are closely, mutually related and concern political issues in the field of financial markets, de- velopment, trade, industry and external relations.


Author(s):  
Michael E. Smith

This chapter examines the policy instruments used by the European Union to translate its common interests into collective action in the international arena. It first considers the problem of implementation in EU foreign policy before discussing the EU's own resources in external relations/third countries as well as the role of member states' resources in EU's external relations. It then explores the instruments of EU foreign policy, which can be grouped into diplomatic, economic, and military/civilian capabilities. It also analyses the credibility and capability gaps in the EU's policy implementation, noting that there exists a key divide between the ‘low politics’ of economic affairs and the ‘high politics’ of security/defence affairs. The chapter suggests that the EU's unique capacity for policy implementation in the area of international relations can be very erratic.


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