scholarly journals The Influence of EU Law on Public Administration in New Member States

2020 ◽  
Vol 5 (1) ◽  
pp. 48-61
Author(s):  
Radomír Jakab

The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.

Ekonomika ◽  
2008 ◽  
Vol 84 ◽  
Author(s):  
Arūnas Dulkys

Almost all member states of the new European Union declared their wish to introduce the euro in the near future. The decision of the European Union institutions concerning Lithuania revealed the peculiarities and problems of the euro area enlargement to the Central and Eastern European countries, which are not easy to explain on a purely economic basis while all of them share the same market, and the economic growth restrictions imposed on them are quite disadvantageous. The article discusses a hypothesis that decision on the expansion of the euro zone is determined not only by fulfilment of the Maastricht criteria, but also by a complex of macroeconomic, institutional and political reasons. This article aims to discuss the problem related to the monetary integration in the Central and Eastern Europe. Of no less importance is the progress in implementing measures provided in the governments’ programmes, convergence programmes and national plans of the euro adoption of the countries. Conclusions and proposals are presented on how the Central and Eastern European states must strengthen the monitoring of the monetary integration under different standpoints and interests of the players in the decision-making process regarding the euro area membership.


1995 ◽  
Vol 29 (4) ◽  
pp. 939-963 ◽  
Author(s):  
Andrew Convey ◽  
Marek Kupiszewski

There is an inescapable relationship between the existence of migration movements and the resulting policies which are adopted by the authorities of the area concerned towards encouraging these movements, or more commonly towards attempting to control or to reduce them. This in turn means that the migration researcher must not only look at the effects of policy and changes in policy, important though this is, but must also attempt to understand the changing political factors which fuel the formation of policy. This paper aims to bring together some of the wide variety of policy issues and responses which may be observed in Europe at the present time and in the recent past, and in particular to make an assessment of the approaches being taken by the European Union member states as a whole, and also by the so-called Schengen group of member states. This article also attempts to look at the perceptions of these policies and their effects from the point of view of both the “western” and the “eastern” European countries, as migration policy issues are rarely onesided. In conclusion, it considers some of the research issues and problems which are raised by geographers and others working in this area, difficulties which might be implied by our possibly flippant title, “Keeping Up with Schengen.”


2020 ◽  
pp. 107-119
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen

Focusing on the 2004 and 2007 Eastern enlargement of the European Union, this chapter traces the ‘normalization’ of differentiated integration after new countries become member states. The chapter explains pre-accession tensions between demands of member states to limit the membership benefits of the applicant countries, and demands of the applicants to help them deal with the burdens of joining a competitive European market. It also explores the post-accession process in which new member states are in a better position to avoid discriminatory differentiation but still have to cope with the repercussions of accession differentiation. The empirical analysis shows that almost all accession differentiation—both preferential and discriminatory—disappears within ten to fifteen years of membership.


2015 ◽  
Vol 12 (2) ◽  
pp. 113-123
Author(s):  
Nele Van der Wielen ◽  
Jakub Bijak

European migration is a hotly debated topic in the United Kingdom. Using the Labour Force Survey  data for 2012 this study analyses benefit claims among Central and Eastern European immigrants, immigrants from the old European Union member states and UK natives. Results of logistic regression modelling show that, compared to natives, social benefit claims are higher among immigrants from the eight Eastern European countries that became member states of the European Union in 2004. However, those immigrants have a smaller probability than natives to claim unemployment related benefit or income support indicating that the decision to migrate is not likely related to potential benefit support.


2005 ◽  
Vol 19 (2) ◽  
pp. 291-316 ◽  
Author(s):  
Martin Brusis

Numerous Central and Eastern European countries have restructured their regional level of public administration in the context of their accession to the European Union. Focusing on the Czech Republic and Slovakia, the article studies how the EU has influenced the institutionalization of regions and regional self-government. Regionalization may have been driven mainly by EU conditionality or, as a competing explanation suggests, more by domestic factors. The article argues that the EU altered the opportunity structure faced by domestic actors but that its role was more complementary than decisive. Czech and Slovak governments instrumentalized a perceived EU conditionality to promote their own political objectives. These findings demonstrate that a top-down concept of conditionality lends itself to fallacies and should be substantiated by reconstructing the domestic politics of Europeanization.


2016 ◽  
Vol 17 (6) ◽  
pp. 964-983 ◽  
Author(s):  
Christina Binder

The Commission of the European Union (EU) sees intra-EU bilateral investment treaties (BITs) as incompatible with the overall structure of European Union law. Against this background, certain Member States have started to terminate their treaties. Also, some of the new Member States have, in their role as Respondents in intra-EU BIT arbitrations, asserted inter alia that the intra-EU BITs had been automatically terminated upon their accession to the EU and that BIT provisions were inapplicable because of the operation of EU law. This contribution deals with these questions from a treaty law perspective and examines the alleged conflict between EU law and intra-EU BITs in investment cases as well as the consensual termination of intra-EU BITs, including the sunset clauses incorporated therein. It argues that if intra-EU BITs are already ‘in action’, their protection usually persists. On the other hand, investors enjoy only limited protection when States agree to terminate an intra-EU BIT by consent.


2006 ◽  
Vol 53 (4) ◽  
pp. 457-470
Author(s):  
Srdjan Redzepagic

Agriculture posed considerable tensions for the processes of enlargement of the European Union, because of its continuing importance both in the economies of the applicant countries of Central and Eastern European countries which have joined EU on the 1st may 2004., and in the EU budget and acquits communautaire. The preparation of agriculture in the candidate countries to join the EU was rendered more complex by the fact that the Community's Common Agricultural Policy was a moving target. The aim of this paper is to show the bases elements of the Common Agricultural Policy, but also to provide a survey of recent developments relating to agriculture in the EU and new member states of the EU before their accession to EU and their preparation to access on the enlarged market, in order to indicate the main challenges and difficulties posed by enlargement. It seems likely that agricultural policy in the enlarged EU will attach increased priority to objectives such as rural development and the environment. However, these new priorities may be expensive to realize, and may impose a growing burden on the national budgets of EU member states.


2005 ◽  
Vol 8 (37) ◽  
pp. 186-198 ◽  
Author(s):  
Balázs Schanda

In May 2004 eight former communist Central and Eastern European countries joined the European Union. Written constitutions in the region now contain guarantees on freedom of religion together with fundamental statements on Church-State relations. Since the fall of communism a net of bilateral agreements has been negotiated with the Holy See. Of the established members of the EU only Austria, Germany, Italy, Portugal and Spain had concordats whilst France and Luxembourg were partly bound by such treaties. Amongst the new member states only the predominantly Orthodox Cyorus has no contractual relationship with the Vatican. A pragmatic reason for this may be that the new members went through a very rapid leagal transition marked by considerable uncertainties after the fall of communism. The Catholic Church did not seek privileges with the agrements, but rather legal certainty. The stadards of religious with the agreements, but rather legal certainty. The standards of religious freedom in the new member states are generally good compared with the resrt of Europe. None of the new member states adopted a state church model, and none of them followed a rigid separation model either. Most new member states to be particularly valued by those who experienced forced secularism during communist rule.


Author(s):  
Christian Klesse

The accession of ten new member states has opened up new political and discursive spaces for challenging homo-, bi-, and transphobia in the new member states and the European Union (EU) as a whole. There has been widely felt sense of hope that the accession will ultimately increase the possibilities of political action, result in democratisation, and better the political conditions for sexual minorities to fight discrimination and struggle for equal treatment before the law (ILGA Europe 2001, Vadstrup 2002, Pereira 2002, Neumann 2004, ILGA 2004, Stonewall 2004). Such sentiments were also expressed in the call-for-papers for the Conference ‘Europe without Homophobia. Queer-in(g) Communities’ that took place from May 24 to May 26, 2004 at Wroclaw in Poland, for which I wrote the first draft of this paper. Participants were asked to reflect upon ‘how we can contribute to making sexual minorities in the European Community visible, heard, safe, and equal before the law’ and to ‘investigate the practical ways (including legal actions, information campaigns, political participation, etc.) of achieving the bold vision suggested in the title: Europe without homophobia’ (Organizing Committee 2004). Human rights groups and lesbian and gay organisations both in the (prospective) new and the already existing member states sensed that access to funding by EU bodies and the ability to address political and/or legal institutions of the EU (and/or the Council of Europe) opened up ‘new space’ for political activism and enabled access to a new range of political discourses and strategies (cf. Stychin 2003). Already many years before accession, human rights organisations and lesbian and gay campaigning groups started to utilise the transformative potential of this prospective economic-political and socio-legal change for campaigns against human rights abuse and legal discrimination on the grounds of gender and sexuality in states applying for accession. ILGA Europe, for example, emphasised that accession should be made dependent on the applying states complying to the high human rights standard that the EU is supposed to stand for. Due to the uneven power structure between the institutions of the EU and the states applying for membership, the logic and rhetoric of ‘enlargement’ structured the negotiations about accession. The power imbalances at the heart of the process are further indicated by the fact that accession is frequently discussed in the scientific literature in the terminology of ‘Europeanization’ (cf. Schimmelfenning and Sedelmeier 2005a). In this context, ‘Europeanization’ signifies ‘integration’ into the economic organisations and politico-legal institutions of the EU, a process that, according to Schimmelfenning and Sedelmeier, can be characterised as ‘a massive export of EU rules’ (2005b: 221). Because accession has been such a recent moment in history, research on the effects of the EU enlargement on the national polities of the new or prospective member states is still scarce. In particular, sexual politics has remained an under-researched topic (for an exception, see Stychin 2003). However, there is sufficient reason to speculate that accession will significantly affect the discourses and strategies of social movements struggling around sexuality and gender in the new member states. Even if it cannot be predicted at this stage, how political actors and social movements will respond and position themselves with regard to these newly emerging ‘political opportunity structures’ (Kriesi et al. 1995), the evolving institutional, economic, and discursive context will without any doubt impact on their politics.


Sign in / Sign up

Export Citation Format

Share Document