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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Defending Checks and Balances in EU Member States by Anonim Pdf
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
In today’s Europe, deep cracks are showing in the system of political cooperation that was designed to prevent the geopolitical catastrophes that ravaged the continent in the first half of the twentieth century. Europeans are haunted, once again, by the specters of nationalism, fascism, and economic protectionism. Instead of sounding the alarm, many conservatives have become cheerleaders for the demise of the European Union (EU). This compelling book represents the first systematic attempt to justify the European project from a free-market, conservative viewpoint. Although many of their criticisms are justified, Dalibor Rohac contends that Euroskeptics are playing a dangerous game. Their rejection of European integration places them in the unsavory company of nationalists, left-wing radicals, and Putin apologists. Their defense of the nation-state against Brussels, furthermore, is ahistorical. He convincingly shows that the flourishing of democracy and free markets in Europe has gone hand in hand with the integration project. Europe’s pre-EU past, in contrast, was marked by a series of geopolitical calamities. When British voters make their decision in June, they should remember that while Brexit would not be a political or economic disaster for the United Kingdom, it would not solve any of the problems that the “Leavers” associate with EU membership. Worse yet, its departure from the European Union would strengthen the centrifugal forces that are already undermining Europe's ability to solve the multitude of political, economic, and security challenges plaguing the continent today. Instead of advocating for the end of the EU, Rohac argues that conservatives must come to the rescue of the integration project by helping to reduce the EU’s democratic deficit and turning it into an engine of economic dynamism and prosperity. For the author’s video on Brexit, see https://www.youtube.com/watch?v=cFReUnO05Fo
The EU and Global Climate Justice by Franziskus von Lucke,Thomas Diez,Solveig Aamodt,Bettina Ahrens Pdf
This book examines the European Union (EU)'s contribution to the development of the global climate regime within the broader framework of global justice. It argues that the procedural dimension of justice has been largely overlooked so far in the assessment of EU climate policy and reveals that the EU has significantly contributed to the development of the climate regime within its broader efforts to ‘solidarise’ international society. At the same time, the book identifies deficits of the climate regime and limits to the EU’s impact, and explains why the EU policy towards global climate change has shifted over time. Finally, it argues that these policies should not be assessed in terms of being wholly positive or wholly negative, but that they are shot through with ambiguities. This book will be of key interest to scholars, students, and practitioners of climate change, climate politics, and environmental and climate justice studies, and more broadly to EU Studies and International Relations.
Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf
This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In this first volume, an expert team explores how the Court of Justice has interpreted the principle, as expressed in particular by Article 47 of the Charter, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Addressing key questions such as legal certainty, judicial independence and procedural autonomy, this volume significantly adds to our understanding of judicial protection within the multi-level EU judicial architecture.
The Politics of the Rule of Law in the EU Polity by Ramona Coman Pdf
This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.
What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.
Between Compliance and Particularism by Marton Varju Pdf
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Assuring the Quality of Health Care in the European Union by Helena Legido-Quigley Pdf
People have always travelled within Europe for work and leisure, although never before with the current intensity. Now, however, they are travelling for many other reasons, including the quest for key services such as health care. Whatever the reason for travelling, one question they ask is "If I fall ill, will the health care I receive be of a high standard?" This book examines, for the first time, the systems that have been put in place in all of the European Union's 27 Member States. The picture it paints is mixed. Some have well developed systems, setting standards based on the best available evidence, monitoring the care provided, and taking action where it falls short. Others need to overcome significant obstacles.
The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The EU is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. The EU currently consists of 28 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent. The EU has been built through a series of binding treaties. Over the years, EU member states have sought to harmonize laws and adopt common policies on an increasing number of economic, social, and political issues. EU member states share a customs union; a single market in which capital, goods, services, and people move freely; a common trade policy; and a common agricultural policy. Nineteen EU member states use a common currency (the euro), and 22 member states participate in the Schengen area of free movement in which internal border controls have been eliminated. In addition, the EU has been developing a Common Foreign and Security Policy (CFSP), which includes a Common Security and Defense Policy (CSDP), and pursuing cooperation in the area of Justice and Home Affairs (JHA) to forge common internal security measures. Member states work together through several EU institutions to set policy and to promote their collective interests. In recent years, however, the EU has faced a number of internal and external crises. Most notably, in a June 2016 public referendum, voters in the United Kingdom (UK) backed leaving the EU. The pending British exit from the EU (dubbed "Brexit") comes amid multiple other challenges, including the rise of populist and to some extent anti-EU political parties, concerns about democratic backsliding in some member states (including Poland and Hungary), ongoing pressures related to migration, a heightened terrorism threat, and a resurgent Russia. The United States has supported the European integration project since its inception in the 1950s as a means to prevent another catastrophic conflict on the European continent and foster democratic allies and strong trading partners. Today, the United States and the EU have a dynamic political partnership and share a huge trade and investment relationship. Despite periodic tensions in U.S.-EU relations over the years, U.S. and EU policymakers alike have viewed the partnership as serving both sides' overall strategic and economic interests. EU leaders are anxious about the Trump Administration's commitment to the EU project, the transatlantic partnership, and an open international trading system-especially amid the Administration's imposition of tariffs on EU steel and aluminum products since 2018 and the prospects of future auto tariffs. In July 2018, President Trump reportedly called the EU a "foe" on trade but the Administration subsequently sought to de-escalate U.S.-EU tensions and signaled its intention to launch new U.S.-EU trade negotiations. Concerns also linger in Brussels about the implications of the Trump Administration's "America First" foreign policy and its positions on a range of international issues, including Russia, Iran, the Israeli-Palestinian conflict, climate change, and the role of multilateral institutions. This report serves as a primer on the EU. Despite the UK's vote to leave the EU, the UK remains a full member of the bloc until it officially exits the EU (which is scheduled to occur by October 31, 2019, but may be further delayed). As such, this report largely addresses the EU and its institutions as they currently exist. It also briefly describes U.S.-EU political and economic relations that may be of interest.
ReNEUAL Model Rules on EU Administrative Procedure by Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller Pdf
The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.
The EU under Strain? by Mechthild Roos,Daniel Schade Pdf
When EU member states signed the Treaty of Lisbon in 2007, they did not anticipate the manifold crises in store for them over the following years. Instead of the intended consolidation of a Union which had just gone through its most profound modernisation and biggest round of enlargements, the EU has since then had to weather a wide range of political, economic, social, legal, health and even military crises with major repercussions within and beyond its own territory. Indeed, this time of polycrisis has induced change on many levels: Across the continent and its many fora of European supra-, trans- and international collaboration, established institutions, rule systems and normative frameworks have been put into question and power balances have been shifting. Against this background, actors from social, political, economic and cultural life have sought new ways to overcome the manifold pressing problems of their time, be it through intensified collaboration or attempts to increasingly resolve issues at the national level. This volume offers a compilation of case studies on EU crisis responses, covering the most impactful of the various crises the EU has had to face in recent years. It provides theoretical and conceptual guidelines for the study of political actors’ responses to crisis at all levels of the EU multilevel governance system and beyond.
