scholarly journals La ciudadanía de la Unión Europea y sus derechos: un análisis crítico

2019 ◽  
pp. 423
Author(s):  
Juan Martinez Caballero
Keyword(s):  
European Union ◽  
The Political ◽  
Democratic Deficit ◽  
The European Union ◽  
Member States ◽  
Political Issues ◽  
Community Institutions ◽  
Reality Show ◽  
European Citizenship ◽  
Domestic Law

Desde hace unas décadas, como consecuencia, fundamentalmente,del acusado déficit democrático de la Unión Europea,por las instituciones comunitarias se están adoptando medidas quepretender reducirlo y paliarlo. Entre dichas medidas se encuentranaquellas que pretender convertir a los ciudadanos de la Unión en laverdadera razón de ser de la misma, superando sus iniciales pretensionesexclusivamente económicas, ahondando en aspectos jurídicopolíticos,tales como la ciudadanía y sus derechos. No obstante, elalcance de estas medidas está siendo muy limitado pues tanto la regulaciónefectuada, como la realidad existente, pone de manifiestocomo la ciudadanía de la Unión Europea se sustenta en la nacionalidadde los Estados miembros, es decir, en normas de Derecho interno.Ello, unido a la preponderancia de los intereses económicossobre los aspectos políticos, hace que la construcción de una auténticaciudadanía europea, tal y como la entendemos desde el punto devista del Derecho interno, no se haya alcanzado todavía, aspecto quetiene su reflejo en el escaso alcance de los derechos que rodean a lamisma.For decades now, in consequence, fundamentally, ofthe pronounced democratic deficit of the European Union, measuresare being taken by the Community institutions that seek to reduceand alleviate it. Amongst these measures are those that seek to convertthe citizens of the Union into its real reason d’être, by overcomingthe initial exclusively financial claims, delving into political issues,such as citizenship and their rights. However, the significanceof these measures is being very limited, since both the regulationand the existing reality show how citizenship of the European Unionis based on the nationality of the Member States, that is, on rulesof domestic law. This fact, together with the preponderance of economicinterests over the political aspects, means that the constructionof a genuine European citizenship, as we understand it from thepoint of view of domestic law, has not yet been achieved, aspect thatis reflected in the scanty scope of the rights that surround it.

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

scholarly journals The EU after Brexit: Key Geopolitical and Geo-Economic Challenges

2020 ◽  
pp. 30-44 ◽  
Author(s):  
Petr YAKOVLEV
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Before And After ◽  
Union History ◽  
The Eu

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.

3. The Transfer of Powers and Union Competences

2021 ◽  
pp. 71-93
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Democratic Legitimacy ◽  
The Political ◽  
Complex Relationship ◽  
The European Union ◽  
Member States ◽  
Union Section ◽  
And Control

This chapter examines the multifaceted and increasingly complex relationship between the European Union and its member states. The chapter begins with the transfer of sovereign powers and the democratic legitimacy of the Union and the establishment of constitutionalism within the Union. Section 3.4 considers the transfer of powers from the member states and the division and control of competences between the Union and the member states. In this context, the principles of subsidiarity and of proportionality are discussed, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.

scholarly journals Don’t cry for me Britannia: The resilience of the European Union to Brexit

2019 ◽  
Vol 21 (1) ◽  
pp. 152-172 ◽  
Author(s):  
Narisong Huhe ◽  
Daniel Naurin ◽  
Robert Thomson
Keyword(s):  
Decision Making ◽  
European Union ◽  
Network Analysis ◽  
Spatial Model ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Decision To Leave ◽  
Before And After ◽  
The Impact

We assess the impact of the United Kingdom’s 2016 decision to leave the European Union on the Council of the European Union, where Brexit is likely to have the clearest observable implications. Using concepts and models from the spatial model of politics and network analysis, we formulate and test expectations regarding the effects of Brexit. We examine two of the most prominent datasets on recent decision-making in the European Union, which include data on cooperation networks among member states before and after the 2016 referendum. Our findings identify some of the political challenges that Brexit will bring, but also highlight the factors that are already helping the European Union’s remaining member states to adapt to Brexit.

Variable Geometry or Concentric Circles: Patterns for the European Union

1997 ◽  
Vol 46 (2) ◽  
pp. 243-273 ◽  
Author(s):  
J. A. Usher
Keyword(s):  
European Union ◽  
The Other ◽  
Variable Geometry ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Community Institutions ◽  
European Court ◽  
Private Citizens ◽  
The One

Once upon a time, a Professor of European Institutions, at least if a lawyer by training, could simply assert that the European Communities are based on the rule of law, that they create institutions with autonomous powers, which are able to issue legislation binding as law throughout every member State of the Community, and that they create courts which have power to exercise judicial control over a complex network of relationships between the Community institutions, the member States and private citizens. While these statements are still true, however, they must now be laced in a rather more complex context. Furthermore, there is a contrast between on the one hand the intensification (to borrow a word from the Common Agricultural Policy) of certain fundamenta s of the EC legal order in the recent case law of the European Court, and on the other hand attempts by member States to escape this through non-EC forms of cooperation in the framework of the European Union, the development of the idea that not all the rules of the EC Treaty apply to all the member States, and the entry by the majority of the member States into a separate Treaty, the Schengen Agreement, dealing with matters which might be thought to fall under the EC Treaty or the Home Affairs and Justice pillar of the Treaty on European Union—all of which might generically be referred to as variable geometry. In the other direction, it may be observed that large amounts of substantive

scholarly journals Frankreich und die Türkei – Machtpoker ohne Sieger

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 177-188
Author(s):  
Ronja Kempin
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
The European Union ◽  
Member States ◽  
Political Issues ◽  
The Eu

In the summer of 2020, Franco-Turkish relations deteriorated dramatically. Since then, Paris has accused Ankara of deliberately influencing the Turkish diaspora in France in order to undermine the values of the French Republic. In terms of foreign policy, France criticizes Turkey for encircling the European Union (EU) and its member states with the consequence of deliberately acting against their interests. Neither the ideological nor the geopolitical power poker of the two states has produced a winner. The Franco-Turkish rivalries offer the EU the opportunity to undertake a comprehensive reorientation of its Turkey policy. The expansion of its conditionality to include domestic political issues is just as important as an improved division of roles and work in its institutions and the geopolitical view of the respective neighbourhood.

scholarly journals The European Union and Public Health Emergencies: Expert Opinions on the Management of the First Wave of the COVID-19 Pandemic and Suggestions for Future Emergencies

2021 ◽  
Vol 9 ◽  
Author(s):  
Marie Gontariuk ◽  
Thomas Krafft ◽  
Cassandra Rehbock ◽  
David Townend ◽  
Loth Van der Auwermeulen ◽  
...  
Keyword(s):  
Public Health ◽  
European Union ◽  
Content Analysis ◽  
European Commission ◽  
Information Exchange ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Proper Actions ◽  
Public Health Emergencies

Objective: The first wave of the coronavirus SARS-COV-2 pandemic has revealed a fragmented governance within the European Union (EU) to tackle public health emergencies. This qualitative study aims: 1) to understand the current EU position within the field of public health emergencies taking the case of the COVID-19 as an example by comparing and contrasting experiences from EU institutions and experts from various EU Member States at the beginning of the pandemic; and, 2) to identify and to formulate future EU pandemic strategies and actions based on experts' opinions.Methods: Eighteen semi-structured interviews were conducted with public health experts from various European Member States and European Commission officials from May 2020 until August 2020. The transcripts were analyzed by Thematic Content Analysis (TCA), mainly a manifest content analysis.Results: This study demonstrated that the limited EU mandate in health hinders proper actions to prevent and tackle infectious disease outbreaks, such as the COVID-19 pandemic. The results showed that this limitation significantly impacted the ECDC, as the Member States' competence did not allow the agency to have more capacity. The European Commission has fulfilled its role of coordinating and supporting the Member States by facilitating networks and information exchange. However, EU intra- and inter-communication need further improvement. Although diverse EU instruments and mechanisms were found valid, their implementation needed to be faster and more efficient. The results pointed out that underlying political challenges in EU decision-making regarding health emergencies hinder the aligned response. It was stated that the Member States were not prepared, and due to the restriction of their mandate, EU institutions could not enforce binding guidelines. Additionally, the study explored future EU pandemic strategies and actions. Both, EU institutions and national experts suggested similar and clear recommendations regarding the ECDC, the investment, and future harmonized preparedness tools.Conclusion: The complex politics of public health at the EU level have led to the fragmentation of its governance for effective pandemic responses. This ongoing pandemic has shed light on the fragility of the political and structural systems in Europe in public health emergencies. Health should be of high importance in the political agenda, and robust health reforms at the local, regional, national, and EU levels are highly recommended.

scholarly journals The political system of European Union after European Parliament Election of 2019

2019 ◽  
pp. 15-30
Author(s):  
Andrii Martynov
Keyword(s):  
European Union ◽  
European Integration ◽  
Political System ◽  
European Parliament ◽  
The Political ◽  
The European Union ◽  
National Parliaments ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.

scholarly journals Staatsbürgerschaft als Ware – von Goldenen Pässen und der Europäischen Union

2021 ◽  
Vol 81 (4) ◽  
pp. 1033-1058
Author(s):  
Julien Berger
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
European Citizenship ◽  
The World ◽  
National Citizenship ◽  
The Law ◽  
The Eu

Citizenship as a Commodity – of Golden Passports and the European Union “Golden passport” schemes are increasingly gaining popularity around the world. Meanwhile, this trend has also reached the European Union. It now threatens to lead to a partial commercialisation of both national citizenship and the European citizenship. This contribution examines the evolution of national citizenship law through “golden passports” and addresses the question of the compatibility of such programs with the law of the European Union. It thereby reveals the difficulty of reconciling the sovereignty of member states in matters of nationality with the principle of sincere cooperation in the EU.

scholarly journals 13. Europeanization and Political Parties

2012 ◽  
Author(s):  
Robert Ladrech
Keyword(s):  
European Union ◽  
Political Parties ◽  
Domestic Politics ◽  
Party Competition ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Long Run ◽  
Multi Level ◽  
Types Of Change

This chapter examines the ways in which the European Union and the political parties of member states interact and cause change. It considers various types of change, causal mechanisms, and the differences between parties and the EU in both older and newer member states. The chapter first provides an overview of the different partisan actors that operate in the multi-level system of domestic and EU politics before discussing the manner in which domestic political parties can be said to have ‘Europeanized’. It then shows how parties in older and newer member states differ and concludes with an assessment of the wider effects of Europeanization on domestic politics in general and party politics in particular. The chapter suggests that the EU’s influence, in both east and west, may be more significant in the long run in terms of its indirect impact on patterns of party competition.

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