scholarly journals Aniversarios con luces y sombras: Constitución española, integración europea y ‘defectos estructurales’ de la UE // Anniversaries with Mixed Feelings: the Spanish Constitution, European Integration, and the «Genetic Defects» of the EU (1957-2017 and 1978-2018).

2017 ◽  
Vol 1 (100) ◽  
pp. 1139
Author(s):  
Antonio Carlos Pereira Menaut

Resumen:En conjunto puede decirse que tanto la UE como la Constitución española de 1978 han sido grandes éxitos que ahora celebran sus aniversarios, pero ambas tienen problemas que deben ser resueltos. En el caso de la UE, parece haber un puñado de defectos estructurales difíciles de eliminar y que dificultan mucho solucionar el déficit democrático y la plena constitucionalización de la Unión. Los mismos defectos estructurales plantean la cuestión de hasta dónde puede llegar la integración europea, manteniendo, al mismo tiempo, la integridad constitucional española, o al menos no amenazándola. Nos inclinamos por abandonar el método funcionalista, pasar a un tipo de gobierno plenamente político y constitucional, y encaminarnos hacia un federalismo pluralista, más bien dual y del tipo del americano.Summary:I. By way of an introduction. II. Some points to start with. III. On federalism, once again. IV. Has european constitutionalism some structural failures? A. Constitutionalism and the functionalist method. B. The impact of the insufficient EU democracy on Spanish constitutionalism. C. Is the EU a pluralistic, multilevel political community composed of smaller, yet real, political communities? D. Globalisation, European constitutionalism, and Spanish constitutionalism. V. How much European integration is the Spanish constitution apt to admit of?Abstract:On the whole, one may safely say that both the EU and the 1978 Spanish Constitution have been runaway successes that are now about celebrating their anniversaries, yet both have problems that should be addressed to. In the case of the EU, there seems to exist a handful of structural failures that are not easy to remove and make very difficult to cope with the democratic deficit and the full constitutionalising of the Union. The same inbuilt failures pose the question of how far may European integration go while at the same time maintaining, or not menacing, the integrity of the Spanish Constitution. Our leanings go towards abandoning the functionalist method, embracing a fully political, constitutional rule, and making for a pluralistic, rather dual, American-like, kind of federalism.

Stanovnistvo ◽  
2016 ◽  
Vol 54 (1) ◽  
pp. 41-63 ◽  
Author(s):  
Zoran Lutovac

This paper focuses on migration in the context of European integration which implies, on the one hand, internal integration, integration within the EU and, on the other hand, the enlargement process related to the countries that have applied to join the EU. The aim is to determine in which way the migration, especially refugee crisis in 2015, had influence on the EU, as a supranational political community, and what was the impact on Serbia which is in the process of integration into the European Union. Migrant crisis has shown that the EU has to confront many different issues including several issues of great importance for its survival and strengthening: how to influence on global processes to a greater extent instead of dealing with the consequences of the global politics of others; how to preserve and keep the values that the EU itself is founded and the values on which should be built upon further construction of the political community and, finally, weather the EU can be transformed in the direction of the United European States, in both the functional and in terms of values, or the EU will move towards deepening of Europe of concentric circles. Faced with extremely complex migration situation, Serbia does not have the appropriate institutional and regulatory framework, nor a political response to a series of complex issues in the area of migration and migration-related issues, such as asylum system, irregular migration, sustainable return of our citizens asylum seekers in EU member states, implementation of the agreement on readmission, the departure of highly educated - brain drain, migration and development, the fight against human trafficking (protection of victims, prevention, criminal prosecution of traffickers), and smuggling of migrants, issues of border management, demarcation and boundary determination (as well as the agreement that should be concluded). Some of these problems migrant crisis has made visible by encouraging coping with the need of systemic response to the flaws in the regulatory framework, in the policy concerning asylum seekers, irregular migration through the territory of Serbia, as well as in the sustainable return of our citizens, applicants for asylum in member states. If we put all this in the context of untimely planning, ineffective management of economic trends, the lack of financial support from Brussels to deal with the refugee crisis, but also in the context of the fact that the enlargement policy is aimed at meeting the Copenhagen criteria, but not on economic growth - then the fears of uncontrolled influx of migrants pose potential capital of radical and populist political options. In the relationship with Brussels, Serbia would have to fight for more under-standing regarding the state of the economy and, in general, regarding help with the costs of joining the EU, especially in case of further escalation of the migrant crisis. Serbia's image in the international arena has been changing for better because of the human attitude towards refugees and migrants who were in transit, but for the citizens of Serbia is much more important that the attitude towards them is a part of the essential changes in the society, and not juste an agile response to the crisis - i. e. what metters most is to make appropriate administrative and legal measures, to effectively manage the problems that migrant crisis put in the foreground, but primarily to change the essence of political community and to have this change of image as a result of state and society transformation towards strengthening democratic institutions, the rule of law, media freedom and developed human rights and freedoms.


2005 ◽  
Vol 30 (3) ◽  
pp. 262-273 ◽  
Author(s):  
MATTHIAS WARSTAT

The concept of festival can help to understand the framework within which political community building took place in Germany in the late nineteenth and early twentieth century and the methods employed in doing so. Political communities were established within different kinds of cultural performances such as gatherings, demonstrations, party conventions, and – most frequently – political celebrations, which obtained a festival-like structure. Referring to examples from the labour movement, this article examines different techniques of creating communities and discusses the impact of theatrical strategies and certain types of theatre in this crucial field of modern politics.


Res Publica ◽  
2021 ◽  
Author(s):  
Aliénor Ballangé

AbstractIn this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I identify it as an opportunity for unfettered democratic participation. Against the reification of power-in-action into a power-constituted-in-law, I argue that the democratization of the EU can only be achieved through the multiplication of ‘constituent moments’. I begin by deconstructing the normative justifications surrounding the concept of constituent power. Here I analyze the structural aporia of constituent power and question the autonomous and emancipatory dimension of this notion. I then test the theoretical hypothesis of this structural aporia of the popular constituent power by comparing it with the historical experiments of a European popular constituent power. Finally, based on these theoretical and empirical observations, I propose to replace the ambivalence of the concept of popular constituent power with a more cautious approach to the bottom-up democratization of European integration: that of a multiplication of transnational constituent moments.


2017 ◽  
pp. 100-104
Author(s):  
Iryna Skorokhod ◽  
Lyudmyla Hrynchuk

Introduction. The article deals the impact of European integration on the development of ecological business in Ukraine. The Association of Ukraine and the EU implies adaptation and reforms not only in economy, but also in others areas, including ecology. The factors of influence and their consequences on the development of environmental business in the state are investigated. The main obstacles for using the experience of the EU countries are highlighted. Prospects of further using of "green enterprise" methods in Ukraine are considered. Purpose. The aim of the article is to reveal the essence, forms, stages of formation and innovative forms of the ecological business; to analyze the experience of ecological business and its regulation in the EU countries; to characterize the status and the impact of European integration on ecological business in Ukraine. Method (methodology). Methods of analogy and comparison are used in the study of problematic aspects of Ukraine and the EU in the field of ecology. Statistical methods are used for analyzing the dynamics of indicators of the development of ecological business in the state. Systematic approach is used for explaining strategic guidelines and identifying further promising ways for the development of ecological business in Ukraine. Results. The main aspects of cooperation between Ukraine and the EU have been analyzed. The main directions of further development of common cooperation have been singled out. The proposals of improving the position of Ukrainian eco-goods and services on the European market have been substantiated.


2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.


Author(s):  
Paul Craig

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.


2016 ◽  
pp. 122-131
Author(s):  
A. Martynov

The article considers the two vectors of the European integration process: closer integration among the EU member states and regionalization of the EU countries according to the criteria of close neighbourhood or deep cooperation. The author traces  development trends of regional cooperation of the EU member states at different stages of development of international relations i.e. the impact of the EU enlargement on regionalization process, competition and confrontation with Russia, the  complications in the field of European integration due to the negative outcome of the Dutch referendum on  ratification of the Association Agreement between the EU and Ukraine, as well as the British referendum on withdrawal from the EU. It is stressed that  the interregional cooperation  is particularly important at this critical stage  of European integration.


2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Emmy Eklundh

Much attention has been devoted to how right-wing populists in Europe challenge the consensus on the benefits of European integration, but left-wing resistance to the EU is less discussed. Existing analyses tend to distinguish between three constructions of political community: a postnational EU, the populist right invoking national sovereignty, and the populist left invoking popular sovereignty. However, empirical analyses struggle to find consensus on how left populists relate to the EU, and if they invoke claims to national or popular sovereignty. This article argues that this empirical impasse stems from that populism and Euroscepticism are performative categories and not simply analytical tools, and serve to produce exclusion. There are two dichotomies in this exclusionary frame: emotional populists/rational EU, and the postnational EU/nationalist populists. Through an analysis of Podemos in Spain and the UK Labour Party under Jeremy Corbyn, I show how the lines between the postnational EU, the national sovereign, and the popular sovereign are frailer than previously thought. The article concludes that these categories are less analytically astute than they are politically motivated, and analyses of the populist left in Europe must consider the performative dimension of its key terms.


2021 ◽  
Vol 2 (1) ◽  
pp. 53-59
Author(s):  
Serhii Smerichevskyi ◽  
Svitlana Gura

The purpose of the paper is to substantiate the strategic mechanisms for regulating the European integration development of air transport in Ukraine. Methodology. The study is based on the imperatives of European integration development of air transport of Ukraine, defined in the Association Agreement between the European Union and the European Atomic Energy Community and their member states, on the one part, and Ukraine, on the other part. Quantitative research is based on the analysis of the volume and structure of Ukraine’s foreign trade in air transport services, calculation of the export-import coverage ratio, determination of the share of transport and air transport services in aggregate services in total foreign trade, including with the EU. Results of the paper consist in assessing the impact of the external environment on the European integration development of the Ukrainian aviation transport. The conclusion was reached on its turbulence, complexity and contradiction, while the advantageous geographical location and strategic positions of Ukraine in the region were determined as the main favorable factors. The research also singles out the following negative signs of the external environment: declining competitiveness of the Russian-Asian lanes for domestic air carriers, localization of air services in connection with hostilities in the East of Ukraine; restriction of air traffic in the context of preventive measures to combat the spread of coronavirus infection; insufficient material and technical base: lack of funding, outdated technologies, low level of innovation, environmental friendliness, safety, insufficient quality of transport services, limited social benefits; aimed at ratification of the CAA Agreement between Ukraine and the EU, as well as the draft Aviation Transport Strategy of Ukraine. The present research also identified such negative effects of COVID-19 on the development of air transport, as: a significant decrease in air passenger transport services and airlines’ revenues, a decrease in the rating of world aviation, termination and bankruptcy of a number of airlines and airports due to air traffic restrictions. It determined the place of air transport services in the system of foreign economic trade in services with the EU countries, and developed measures to increase them. Practical implications consist in the elaboration of the main strategic guidelines for the development of aviation: introduction of a simplified procedure for implementing the provisions of EU legislation into the legislation of Ukraine; ensuring environmental safety and energy saving of civil aviation facilities; innovative renewal of aircraft fleet and reduction of their harmful impact on the environment through the introduction of the latest technologies; settlement of issues relating to the establishment of airport charges for the servicing of aircraft and passengers at Ukrainian airports; development of airport infrastructure; creation of multimodal cargo complexes; approximation of SAAU and European Commission requirements to certification systems in the areas of primary airworthiness, airworthiness maintenance and maintenance of aircraft and its components; expansion of Ukraine’s voluntary participation in the program of compensation and reduction of carbon dioxide emissions from international aviation within the CORSIA program, introduction of administrative procedures for monitoring emissions by operators of civil aircraft on international flights under the MRV standards. Value/originality. The present research substantiates strategic foundations of the institutional transformations of the development of aviation transport in the context of the European integration choice of Ukraine and the transition to monovectorality, elimination of defects of dependence on the trajectory of the preceding traffic and polyvectorality. It also proposes legal, policy, investment and infrastructure integration mechanisms.


2011 ◽  
Vol 39 (2) ◽  
pp. 213-234 ◽  
Author(s):  
Nicholas Aroney

The principle of subsidiarity was adopted as part of the law of the European Union as a response to perceptions of excessive centralisation and bureaucratisation within the European system of government. If subsidiarity is a solution to these problems in Europe, it might be asked: could it also be a solution to similar problems that arise in other federal systems, such as those of the United States and Australia? However, posing the question in this way is misleading because it is not at all clear that subsidiarity has been a solution in Europe, and in any case it cannot be assumed that a solution in one context will necessarily operate effectively in another. This article closely examines the nature and operation of the principle of subsidiarity in Europe and asks what lessons might be learned from it. To do this, the article begins by identifying the carefully defined operation of the principle in EU law and then closely examining the application of the principle, firstly as a political decision-making procedure that involves the Member State parliaments in the European policy-making process, and secondly as a juridical principle enforceable by the European Court of Justice. The possible adoption of the principle in other federations is then discussed, but limitations on its effectiveness in Europe, as well as the different institutional and political circumstances of the Australian federal system, are shown to undermine its likely usefulness, unless other more fundamental issues about the way in which the federal system is understood, organised and operated are addressed. The final part of the article suggests that these more fundamental issues are best understood and addressed in the light of a broader, more substantial, ‘social’ conception of subsidiarity: a conception not unrelated to the Roman Catholic social theory from which the idea of subsidiarity originally derived. A more substantial, social conception of subsidiarity, it is argued, can help us to understand why the application of the principle in Europe has had only limited effect and also why its application in other federal systems is unlikely to remedy problems of centralisation and bureaucratisation. This is because the European version of subsidiarity is focussed on the question of how the functionalist objectives of the EU can most appropriately be achieved, with only tangential consideration being given to the proper functions, purposes and responsibilities of the constituent Member States themselves. Focussing simply on the scope and reach of the competences of the central organs of government is not enough. Nor is it sufficient, as in Australia, to focus only upon the immunities that the constituent states ought to enjoy as self-governing political communities. Rather, the key task is to identify the proper functions and purposes ( munera) of the various political (and social) communities and associations that make up the wider political community of which they are an integral part. The proper immunities that a particular community should enjoy cannot be identified apart from and identification of the appropriate munus of that community. Although an admittedly difficult and highly controversial task, unless the issue of the munera is addressed, ‘subsidiarity’ as a principle is not going to have much effect, for its fundamental lesson about the nature and integrity of the munus of each community — social and political — will not have been learned.


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