Member States (member + states)

Distribution by Scientific Domains
Distribution within Humanities and Social Sciences

Kinds of Member States

  • eu member states
  • european union member states
  • new eu member states
  • new member states
  • union member states


  • Selected Abstracts


    EUROPEANIZATION AND BUREAUCRATIC AUTONOMY IN THE NEW MEMBER STATES: A CASE STUDY OF THE AGRICULTURAL PAYING AGENCY IN SLOVAKIA

    PUBLIC ADMINISTRATION, Issue 4 2009
    MIROSLAV BEBLAVÝArticle first published online: 23 NOV 200
    The paper explores the impact of Europeanization on bureaucratic autonomy in the new EU member states using as a case study the Agricultural Paying Agency in Slovakia. The paper shows that Europeanization had limited sustained impact on the personal autonomy of senior officials; however, it requires and sustains the personal autonomy of an extensive cadre of mid-level and junior civil servants. At the same time, it necessitates and continues to sustain significant change in the way agricultural subsidies are distributed, with a high level of autonomy in implementation and a lower, but still significant, measure of autonomy in policy-making. These conclusions can also generally be supported by evidence from Lithuania and Poland. In addition, the coercive elements of Europeanization interacted with the temporarily high bureaucratic autonomy in Slovakia to ,open' non-coercive channels of Europeanization of agricultural subsidies and beyond. [source]


    Phytosanitary measures in the European Union: a call for more dynamic risk management allowing more focus on real pest risks Case study: Potato spindle tuber viroid (PSTVd) on ornamental Solanaceae in Europe

    EPPO BULLETIN, Issue 3 2008
    M. B. De Hoop
    After fifteen years of harmonisation of phytosanitary measures in the European Union, today's legislation has become increasingly stagnant, complex and detailed. The recent finding of Potato spindle tuber viroid in ornamental plants in the Netherlands and other Member States illustrates the struggle to take prompt emergency measures when specific knowledge is not available. It is proposed that the European Commission should take the initiative to organise the process of pest risk analysis from beginning to end. In addition, the Commission should have budgets at their disposal for instantaneous research to generate the required data and fill in knowledge gaps. Such policy enables evaluation of emergency measures and implementation of permanent requirements on the basis of scientific data within a short period, thereby creating a dynamic legislation that focuses on real pest risks. [source]


    A Competitive European Agriculture Designed for the Citizens , Romania's Perspective Une agriculture européenne compétitive au service des citoyens : La perspective de la Roumanie Eine an die Bedürfnisse der Bürger angepasste, wettbewerbsfähige Europäische Landwirtschaft , die Perspektive Rumäniens

    EUROCHOICES, Issue 3 2008
    Dacian Ciolo
    Summary A Competitive European Agriculture Designed for the Citizens , Romania's Perspective In the coming months and years the European Union has to make fundamental choices for the future of agriculture, food, landscape and quality of life within its whole territory. These choices have now to be made for 27 Member States, which together give a new configuration to the Community. Poland and Romania together now represent nearly half of the total active population involved in EU agriculture. European agriculture has to be multifunctional, competitive not only for the market but also for citizens, as an economic activity that uses and manages renewable resources of public interest. Higher competitiveness inevitably leads to restructuring and modernisation of the agro-food sector in the New Member States. This must be achieved gradually to avoid a negative social impact, through a rural development policy supporting job creation outside agriculture. Romanian agriculture employs about 30 per cent of the country's active population and half of the country's population live in rural areas. Romania, therefore, aims to preserve a substantial CAP budget to promote investment in agriculture and quality of life in rural areas. It is in the interest of the whole EU to ensure not just proper use of the productive potential of Romanian agriculture but also economic development of the Romanian countryside. Au cours des prochains mois et des prochaines années, l'Union européenne doit faire des choix fondamentaux quant à l'avenir de l'agriculture, de l'alimentation et de la qualité de vie sur l'ensemble de son territoire. Ces choix relèvent actuellement de 27 état membres qui, ensemble, donnent à la communauté une nouvelle configuration. Actuellement, la Pologne et la Roumanie représentent à elles deux pratiquement la moitié de la population agricole de l'Union européenne. L'agriculture européenne doit être multifonctionnelle et compétitive, pas seulement pour les marchés mais aussi pour les citoyens, en tant qu'activitééconomique qui utilise et gère des ressources renouvelables d'intérêt public. La hausse de la compétitivité entraînera inévitablement une restructuration et une modernisation du secteur agro-alimentaire dans les nouveaux états membres. Ce processus doit être progressif pour éviter des conséquences sociales négatives, et il doit s'accompagner d'une politique de développement rural pour promouvoir la création d'emplois hors du secteur agricole. L'agriculture roumaine emploie environ 30 pour cent de la population active nationale et la moitié de la population du pays vit dans des zones rurales. La Roumanie compte donc utiliser une grande partie du budget de la PAC pour la promotion des investissements dans le secteur agricole et l'amélioration de la qualité de vie dans les zones rurales. Il est dans l'intérêt de l'ensemble de l'Union européenne de s'assurer non seulement que le potentiel productif agricole de la Roumanie est correctement utilisé mais également que la campagne roumaine se développe économiquement. In den kommenden Monaten und Jahren wird die Europäische Union grundlegende Entscheidungen im Hinblick auf Landwirtschaft, Lebensmittel, Landschaftsbild und Lebensqualität zu treffen haben, die sich auf ihr gesamtes Gebiet auswirken werden. Diese Entscheidungen betreffen nun alle 27 Mitgliedsstaaten, die der Gemeinschaft ein neues Gesicht verleihen. Mittlerweile stellen Polen und Rumänien zusammen etwa die Hälfte der aktiv in der Landwirtschaft der EU beschäftigten Bevölkerung. Die europäische Landwirtschaft muss multifunktional und nicht nur mit Blick auf den Markt wettbewerbsfähig sein, sondern auch mit Blick auf ihre Bürger, als ein Wirtschaftszweig, der erneuerbare Ressourcen verwendet und verwaltet, für die ein öffentliches Interesse besteht. Eine höhere Wettbewerbsfähigkeit führt unweigerlich zur Umstrukturierung und Modernisierung des Agro-Food-Sektors in den neuen Mitgliedsstaaten. Zur Vermeidung negativer Auswirkungen auf die Gesellschaft muss dies schrittweise durch eine Politik zur Entwicklung des ländlichen Raums erfolgen, die Arbeitsplätze außerhalb der Landwirtschaft fördert. In Rumänien sind 30 Prozent der Erwerbstätigen in der Landwirtschaft tätig, und die Hälfte der Bevölkerung lebt im ländlichen Raum. Daher ist Rumänien daran gelegen, weiterhin einen hinreichend großen Haushalt für die GAP zu erhalten, um Investitionen in die Landwirtschaft und die Lebensqualität im ländlichen Raum zu fördern. Es ist im Interesse aller EU-Länder, nicht nur die Ausschöpfung des produktiven Potenzials der rumänischen Landwirtschaft, sondern ebenfalls die wirtschaftliche Entwicklung des ländlichen Raums in Rumänien sicherzustellen. [source]


    Our Common European Model of Agriculture

    EUROCHOICES, Issue 3 2006
    Juha Korkeaoja
    Our Common European Model of Agriculture Future internal and external forces on European agriculture mean that the CAP may look very different after 2013. However large these changes, the CAP will need to retain its common principles based on the European Model of Agriculture (EMA). This became clear in an informal September meeting of EU agriculture ministers in Oulu, arranged by the Finnish Presidency. A strong CAP will be needed in the future but it will have to evolve to meet upcoming challenges. Work on the future CAP will need to start soon and the Oulu meeting may become known as the starting point for those discussions. The CAP will have to provide a reasonable environment for practicing agriculture for very different farmers in very diverse conditions, and facilitate the supply of a wide variety of goods and services to consumers and taxpayers as only truly multifunctional agriculture can. If the CAP can maintain these characteristics it has an important role to play in a future Europe. The meeting in Oulu was also an important milestone for a very special reason: for the first time, all ten New Member States took an active part in the EMA-debate with full rights and responsibilities as part of the Union. Once again this underlines the central role of our common European Model of Agriculture. Unser gemeinsames Europäisches Land wirts chafts modell Die zukünftigen internen und externen Einflüsse auf die europäische Landwirtschaft könnten zur Folge haben, dass die GAP nach dem Jahr 2013 ganz anders aussieht. Wie umwälzend diese Veränderungen auch sein mögen, die GAP wird ihre allgemeinen, auf dem Europäischen Landwirtschaftsmodell (EMA) beruhenden Grundsätze beibehalten müssen. Dies wurde im September bei einem von der finnischen Präsidentschaft arrangierten informellen Treffen der EU-Landwirtschaftsminister in Oulu deutlich. In der Zukunft brauchen wir eine starke GAP, die jedoch weiterentwickelt werden muss, um den kommenden Herausforderungen gerecht zu werden. Die Arbeit an der zukünftigen GAP muss in nächster Zeit beginnen, und das Treffen in Oulu könnte möglicherweise als Ausgangspunkt dieser Diskussionen gelten. Die GAP wird ein angemessenes Umfeld schaffen müssen, um sehr unterschiedlichen Landwirten mit sehr unterschiedlichen Arbeitsbedingungen die Ausübung der Landwirtschaft sowie Verbrauchern und Steuerzahlern die Versorgung mit einer großen Vielfalt an Waren und Dienstleistungen zu ermöglichen, wie es nur eine wirklich multifunktionale Landwirtschaft zu leisten vermag. Wenn es der GAP gelingt, diese Merkmale beizubehalten, wird ihr im zukünftigen Europa eine wichtige Rolle zukommen. Bei dem Treffen in Oulu handelt es sich auch aus einem ganz besonderen Grund um einen bedeutenden Meilenstein: Zum ersten Mal beteiligte sich jeder der zehn neuen Mitgliedsstaaten mit allen Rechten und voller Verantwortung als Teil der Union aktiv an der Debatte zum Europäischen Landwirtschaftsmodell. Wieder einmal unterstreicht dies die zentrale Rolle unseres gemeinsamen Europäischen Landwirtschaftsmodells. Ce modèle agricole européen qui nous est commun Du fait des forces internes et externes qui vont bientôt s'exercer sur l'agriculture européenne, la physionomie de la PAC après 2013 pourrait bien être très différente de ce qu'elle est maintenant. Quelque soit cependant l'importance de ces changements, la PAC devra conserver sa base commune actuelle, qui repose sur le « modèle agricole européen » (MAE). La chose est apparue clairement lors d'une réunion informelle des ministres de l'agriculture européens organisée par la présidence finnoise à Oulu, en septembre dernier. Une politique agricole musclée sera nécessaire à l'avenir, mais elle devra évoluer pour répondre à de nouveaux défis. Il va bientôt falloir commencer à travailler cette nouvelle PAC, et la réunion d'Oulu restera peut être comme le point de départ des discussions sur le sujet. La PAC devra fournir un environnement convenable pour la pratique d'agricultures diverses, par des agriculteurs différents les uns des autres, dans un vaste éventail de conditions. Elle devra permettre la production d'une grande variété de biens et de services financés par le consommateur ou le contribuable, comme seule une agriculture multifonctionnelle peut le faire. Si la PAC arrive à conserver ces caractéristiques, elle aura un grand rôle à jouer dans l'Europe de demain. Il y a encore une raison plus spécifique pour marquer d'une pierre blanche la réunion d'Oulu : pour la première fois, les dix nouveaux membres de l'Union ont activement participé et de plein droit aux discussions sur le MAE. Cela, une fois de plus, souligne le rôle essentiel du « modèle agricole européen » qui nous est commun. [source]


    Lifelong Learning in the European Union: whither the Lisbon Strategy?

    EUROPEAN JOURNAL OF EDUCATION, Issue 3 2005
    HYWEL CERI JONES
    This article traces the Lisbon strategy back to the White Paper issued by President Jacques Delors in 1993 on Growth, Competitiveness, and Jobs as the launching point for the structural reform agenda needed to turn around the massive unemployment crisis and proposing a combination of policies for the structural reform of the labour market and stability-oriented macroeconomic policies designed to stimulate economic growth. The centrality of education and training in the Lisbon strategy is seen as key to the lifelong chances of every citizen linked to the need for Europe to compete on the basis of a knowledge-based economy if it is to maintain its high social standards. Describing the first years of the Lisbon strategy as ,a stuttering start', the mid-term stock-taking which offered European leaders the opportunity to fine-tune or radically modify the strategy is analysed. The article highlights the paradox that, although human capital is claimed to be Europe's most precious resource, there is inadequate focus on the weakest aspects of current systems. It also focuses on policy and financial levers which need to be mobilised within Member States as well as the implications for national budgets. It suggests the prioritisation of a small number of areas on which to concentrate efforts and echoes the Council calling for a ,quantum leap' in the ambition of the EU to ensure that the necessary follow-up is given to meet the challenges. Finally, a strong argument is put forward to take steps to move towards a unified set of proposals for lifelong learning. [source]


    If things can only get worse: Anticipation of enlargement in European Union legislative politics

    EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 1 2010
    DIRK LEUFFEN
    Anticipation is a central feature of political behaviour. It has an impact on actors' choices and can change the timing of decisions. This article analyses anticipation in legislative politics. After delineating different objects as well as consequences of anticipation theoretically, a set of hypotheses about anticipatory behaviour in EU decision-making is derived. In particular, it is asked whether the EU Council anticipates the arrival of new Member States and how this affects legislative output. The theory is tested by estimating count models using a dataset that contains information on all binding EU legislation from 1976 to 2007. Covering five enlargement rounds, evidence is presented for anticipatory behaviour in EU legislative politics. [source]


    Actor alignments in the European Union before and after enlargement

    EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 6 2009
    ROBERT THOMSON
    What impact has the 2004 enlargement had on legislative decision making in the European Union (EU)? This study answers this question by examining the controversies raised by a broad selection of legislative proposals from before and after the 2004 enlargement. The analyses focus on the alignments of decision-making actors found on those controversies. Member State representatives, the European Commission and the European Parliament vary considerably in the positions they take on controversial issues before and after enlargement. Consistent patterns in actor alignments are found for only a minority of controversial issues. To the extent that consistent patterns are found, the most common involve differences in the positions of Northern and Southern Member States and old and new Member States. The North-South alignment was more common in the EU-15 and reflected Northern Member States' preference for low levels of regulatory intervention. The new-old alignment that has been evident in the post-2004 EU reflects new Member States' preference for higher levels of financial subsidies. This study argues that the persistent diversity in actor alignments contributes to the EU's capacity to cope with enlargement. [source]


    Transatlantic constitutionalism: Comparing the United States and the European Union

    EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 4 2004
    SERGIO FABBRINI
    The European Union has more to learn from the American experience of constitutionalism than from any of its own Member States. Like the United States, the European Union will have a frame of government constitution that will try to order a system of multiple and concurrent communities of interests, as happened in America, and designed by an indirectly elected assembly. The European Union and the United States will continue to manifest many differences in other crucial aspects of their institutional and cultural development. However, although constrained by their respective historical and institutional paths, their constitutional evolution is making the Atlantic Ocean less wide than it used to be. [source]


    EU Citizenship and Religious Liberty in an Enlarged Europe

    EUROPEAN LAW JOURNAL, Issue 4 2010
    Sonia Morano-Foadi
    This article intends to contribute to the theoretical debate on how EU citizenship could be regarded as a bundle of common European individual rights (and, to a lesser extent, obligations) and part of a democratic polity in which every citizen counts equally irrespectively of his/her religious belonging and faith. The EU perceives itself as a community based on shared values. Since there is no European people, nor a European polity, common values play a core role in European polity building. The question, however, is whether common values can be experienced by the EU citizens in daily life and to what extent there are common values in the EU Member States. These issues are explored using the non-discrimination principle on grounds of religion, as a litmus-test for the existence of common values within Europe. [source]


    Article 345 TFEU (ex Article 295 EC), Its Meanings and Interpretations

    EUROPEAN LAW JOURNAL, Issue 3 2010
    The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership.
    Research that has been conducted over the last decades shows that neither the scope of application nor the exact meaning of Article 345 TFEU (ex Article 295 EC) is clear from its wording. This article seeks to clarify its meaning through analysis of the drafting of the Article as well as the use of it by the EU's institutions and by the Member States. Article 345 TFEU, formerly Article 295 EC and, before that, Article 222 EEC, is an Article that limits, but not prevents, the application of the TFEU Treaty as a whole to the way in which rules of a Member State deal with the right of ownership of undertakings. The conclusion can be drawn that Article 345 TFEU only concerns the private or public ownership of undertakings, with which the Community shall not concern itself and which can thus be regulated by the Member States themselves. Most importantly, the Article does not concern the content of the right of ownership, nor the objects of a right of ownership. It does therefore not form an obstacle to the development of a European property law. [source]


    The Bologna Process: From a European Law Perspective

    EUROPEAN LAW JOURNAL, Issue 2 2010
    Sacha Garben
    The Bologna Process, an intergovernmental process of voluntary policy convergence towards a common higher education structure, poses several concerns from a European law perspective. The Bologna Process takes place outside the institutional framework of the EU, while there would have been legal competence to enact the content of the Bologna Declaration as a Community measure. Hence it could be argued that Member States have straddled the borders of loyal cooperation by avoiding the institutional framework of the EC with its built-in checks and balances. They have obstructed the Community in the attainment of its tasks, which stands in tense relation to Article 10 EC. Moreover, there exist several other objections against the Bologna Process, particularly in terms of democracy, transparency and efficiency. The Bologna Process resembles a deal done in a smoke-filled room, and its voluntary character combined with a lack of coordination prevents its effective implementation. [source]


    Family Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal Approach

    EUROPEAN LAW JOURNAL, Issue 5 2009
    Alina Tryfonidou
    Over the years, in the case-law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ,moderate approach' in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ,liberal approach' in cases such as Carpenter (2002) and Jia (2007). Under the Court's ,moderate approach', family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ,liberal approach', in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ,liberal approach' side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ,liberal approach' seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ,moderate approach' and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ,moderate approach') as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems. [source]


    Legislation, Delegation and Implementation under the Treaty of Lisbon: Typology Meets Reality

    EUROPEAN LAW JOURNAL, Issue 4 2009
    Herwig Hofmann
    This reform, the first since the Treaty of Rome, will have an impact on some of the most contested topics of EU law, touching several central questions of a constitutional nature. This article critically analyses which potential effects and consequences the reform will have. It looks, inter alia, at the aspects of the shifting relation between EU institutions, the distribution of powers between the EU and its Member States, as well as the future of rule-making and implementation structures such as comitology and agencies. [source]


    Constitutionalism and Dissonances: Has Europe Paid Off Its Debt to Functionalism?

    EUROPEAN LAW JOURNAL, Issue 3 2009
    Marco Dani
    This impression seems confirmed by the recent Presidency Conclusions of the European Council which, although salvaging many important solutions contained in the Constitutional Treaty, explicitly sanction that ,the constitutional concept . . . is abandoned'. In the light of this context, what role could the constitutional scholarship play? How to make sense of a polity in which the claims of constitutionalism as a form of power are politically unappealing though legally plausible? This article tries to respond to these questions by reaffirming functionalism as a valid analytical and normative perspective in facing the current constitutional reality of European integration. The analytical value associated with functionalism is evidenced by testing against the current context of the EU legal framework the accounts for EU constitutionalism which postulate functional equivalence between the EU and the Member States. The normative potential of functionalism, then, is discussed by arguing that there may be a value worth preserving in a degree of functional discrepancy between the EU and state constitutionalism and, notably, that the transformative and civilising dividend inherent in functionalism could still be exploited, at least in certain areas of EU policy making. Finally, the article suggests that the difficulties in accounting for EU constitutionalism in the light of state-centred constitutional theory could be regarded as symptoms of European integration marking a moment in the theoretical evolution of constitutionalism. [source]


    Ironies in Human Rights Protection in the EU: Pre-Accession Conditionality and Post-Accession Conundrums

    EUROPEAN LAW JOURNAL, Issue 1 2009
    Anneli Albi
    In the wake of the extensive scrutiny of the human rights credentials of the new Member States under the EU pre-accession conditionality, which itself was riddled with paradoxes, this article considers a rather unexpected irony thrown up by the accession of these countries. It is that the post-communist constitutional courts, which have been applauded for vigorous protection of fundamental rights after the fall of the Communist regime that was marked by nihilism to rights, have come rather close to having to downgrade the protection standards after accession, due to the new constraints of supremacy of EC law. The article will consider the sugar market cases of the Hungarian and Czech Constitutional Courts and of the Estonian Supreme Court, which appear to add weight to the concerns that have been voiced in some older Member States about the fundamental rights protection in the EU. Indeed such concerns were recently also addressed in the concurring opinions to the Bosphorus judgment of the European Court of Human Rights. [source]


    In Search of Better Quality of EU Regulations for Prompt Transposition: The Brussels Perspective

    EUROPEAN LAW JOURNAL, Issue 5 2008
    Michael Kaeding
    The quality of EU regulation is crucial to ensuring that Community law is promptly transposed into national law within the prescribed deadlines. But good quality transposition (clear, simple, and effective) goes beyond pre-legislative consultation processes and more frequent use of impact assessments as agreed in the 2003 Interinstitutional Agreement on Better Lawmaking. Presenting new data that covers the full population of all EU transport directives from 1995 to 2004,including the national implementing instruments of France, Germany, Greece, Italy, Ireland, Spain, Sweden, the Netherlands and the UK,this study shows that elements of the EU directives delay transposition. The binding time limit for transposition, the EU directive's level of discretion, its level of detail, its nature and further characteristics of the directive's policy-making process are all factors. These determining factors are crucial to explaining why Member States miss deadlines when transposing EU Internal Market directives. Brussels' efforts to simplify and improve the regulatory environment have to go beyond more preventive action to strengthen the enforcement of EU legislation at the member-state level if they want to address the Internal Market constraining effects of Member States' non-compliance. This study argues that far-reaching decisions made in the European Commission's drafting and EU policy-making phase have the greatest effect on the European regulatory framework in which businesses operate and the free movement of goods, persons, services, and capital is at stake. Implementation should be part of the design. [source]


    Energy Security and the Division of Competences between the European Community and its Member States

    EUROPEAN LAW JOURNAL, Issue 4 2008
    Sanam S. Haghighi
    However, dealing with energy issues in general and securing energy supply in particular is a new phenomenon within the EU's regulatory framework. One important issue which has not yet been discussed by legal scholars and which has been questioned repeatedly by energy experts, is the question who is actually responsible to guarantee security of energy supply in Europe? Is it the European Community alone? Is it the Member States alone? Or is it both? This question cannot be answered without a detailed legal analysis of the EU law in general, and EU law on division of competences between the Community and the Member States in particular. This article seeks to highlight the complications of this area of law within the EU and expand it to cover the energy sector in order to determine who and under what circumstances is responsible for guaranteeing security of energy supply for the consumers within the EU borders. [source]


    The European Research Area: On the Way Towards a European Scientific Community?

    EUROPEAN LAW JOURNAL, Issue 5 2006
    Álvaro De Elera
    The aim was to create an ,internal market of research', in contrast with previous efforts in research policy that amounted to continued fragmentation. Lack of support from both Member States and the Council, together with the almost exclusive use of the Open Method of Coordination for the design of the Area, meant that the initially high ambitions were not met. The social repercussions of the project were also watered down as a consequence. [source]


    Resolving Deadlock: Why International Organisations Introduce Soft Law

    EUROPEAN LAW JOURNAL, Issue 2 2006
    Armin Schäfer
    Instead the EU relies on soft law that does not legally bind governments in the same way as the Community Method used to. The literature assumes that soft law is chosen to achieve common objectives given considerable diversity among the Member States. In contrast, this paper suggests that non-binding coordination is first and foremost a means to foster compromises in the absence of substantial agreements. Three case studies demonstrate that international organisations have repeatedly relied on soft law to overcome disagreements among their members. The IMF, the OECD, and the EU introduced soft coordination at times of institutional crisis to prevent a breakdown of negotiations. [source]


    What Does Free Movement Mean in Theory and Practice in an Enlarged EU?

    EUROPEAN LAW JOURNAL, Issue 6 2005
    Sergio Carrera
    The right to move freely represents one of the fundamental freedoms of the internal market as well as an essential political element of the package of rights linked to the very status of EU citizenship. The scope ratione personae and the current state of the principle of free movement of persons is assessed by looking at the most recent case law of the Court of Justice and the recently adopted Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. But what are the hidden and visible obstacles to free movement of persons in Europe? How can these barriers be overcome to make free movement and residence rights more inclusive? This article addresses these issues along with the following questions: Who are the beneficiaries of the free movement of persons in an enlarged Europe? What is the impact of the recent legal developments in the freedom of movement dimension, such as the European Court of Justice case law and the new Directive? And to what extent are pro-security policies such as the Schengen Information System II and an enhanced interoperability between European databases fully compatible with the freedom of movement paradigm? [source]


    The Jurisprudence of Constitutional Conflict: Constitutional Supremacy in Europe before and after the Constitutional Treaty

    EUROPEAN LAW JOURNAL, Issue 3 2005
    Mattias Kumm
    With the inclusion in the recently adopted Constitutional Treaty of a clause explicitly confirming the ,primacy of EU Law' appearances suggest that the EU is about to establish a characteristic of mature, vertically integrated, federal states such as the USA. This article argues that this view is mistaken. It develops a comprehensive jurisprudential framework for addressing constitutional conflicts, ,Constitutionalism Beyond the State' (CBC). CBS detaches the discussion of supremacy and constitutional conflict from a statist framework; provides a jurisprudential account that explains and justifies the highly differentiated, context-sensitive and dynamic set of conflict rules that national courts have in the past adopted; and provides the lacking theoretical basis for the more attractive, but undertheorised sui generis accounts of European constitutional practice that have recently gained ground in the literature. CBS provides a jurisprudentially grounded reconstructive account of why the issue of constitutional conflict is as rich and complicated in Europe as it is and why it is likely to remain so even if the Constitutional Treaty is ratified. The article then goes on to make concrete proposals addressed to national constitutional courts and the Court of Juctise respectively about how, in application of the developed approach, constitutional conflicts ought to be addressed doctrinally. It includes a proposal to read the new ,constitutional identity' clause as authorising Member States as a matter of EU Law to set aside EU Law on constitutional grounds under certain circumstances. [source]


    Credible Commitment in Non-Independent Regulatory Agencies: A Comparative Analysis of the European Agencies for Pharmaceuticals and Foodstuffs

    EUROPEAN LAW JOURNAL, Issue 5 2004
    Sebastian Krapohl
    Usually, these agencies evolve from EU committees and take over most of their structures. Accordingly, like most EU committees and the Commission, regulatory agencies are not independent, but act under the control of the member states. The question is, how far do they indicate a credible commitment of the Member States to long-term policy goals like health and consumer protection. This article compares the institutional structures and decision-making rules of the European Agency for the Evaluation of Medicinal Products and of the newly established European Food Safety Authority, in order to clarify the extent of credible commitment that the Member States show through the setting-up of these agencies. It concludes that the commitment of the Member States in the foodstuff sector is not as deep as in the pharmaceutical sector, and that the creation of the European Food Safety Authority will not lead to a success story similar to that of the European Agency for the Evaluation of Medicinal Products. [source]


    Accession's Democracy Dividend: The Impact of the EU Enlargement upon Democracy in the New Member States of Central and Eastern Europe

    EUROPEAN LAW JOURNAL, Issue 4 2004
    Wojciech Sadurski
    The purpose of this article is to examine this claim, that accession will provide a ,democracy dividend' in this fashion. To this end, the article begins by examining the political conditionality of the accession process, and the extent to which the process of democratisation can be understood as a result of ,external' pressures. It also discusses the extent to which the effectiveness of political conditionality is likely to survive after the accession takes place. The article then moves on to consider the effects of accession upon democracy in the states of the region by looking in detail at three areas that have been particularly important: the role of national parliaments, the new constitutional courts, and the tendency towards decentralisation and regionalism. The article concludes by noting that, although not all of the developments discussed are necessarily good for democracy in the region, the real dividend coming from the accession process lies in the fact that, on a macro-level, membership in the EU will make the democratic transition in Central and Eastern Europe practically irreversible. [source]


    Reinstatement of Controls at the Internal Borders of Europe: Why and Against Whom?

    EUROPEAN LAW JOURNAL, Issue 2 2004
    Kees Groenendijk
    The actual use of this power may tell us about the functions of border controls. This article analyses on which occasions the governments of the Schengen states did actually use this power after 1995, and what is known about the effects of those temporary controls. It appears that the actual use varied considerably in time and between the Member States. In most cases the temporary controls aimed not at reducing illegal immigration or preventing serious crimes, but at the protection of meetings of political leaders. The individuals checked or stopped at the borders are predominantly union citizens, not third-country nationals. It is contended that the controls at land borders are not considered as an effective instrument of crime or immigration control. They may have a highly symbolic function: showing the public that the state is protecting its citizens against undesired events. [source]


    The ,Checks and Balances' Doctrine in Member States as a Rule of EC Law: The Cases of France and Germany

    EUROPEAN LAW JOURNAL, Issue 5 2003
    Theodore Georgopoulos
    The paper argues that the mutation of the Judiciary and the Executive role vis-à-vis the Legislature appears to be an application of an emerging doctrine in EC public law that conspicuously resembles the ,Checks and Balances' theory of American constitutionalism. The action of one public authority is,or must be,countered by the reaction of another for the benefit of EC law. Apart from identifying the features of this ,principle' in comparison to its equivalent American doctrine, the paper deals with the question of a possible coexistence of this new model of governance with the traditional one. The comparative perspective is necessary here. Whereas in Germany the constitutional model appears to cope with European demands, in France it seems largely opposed to such a dynamic conception of the separation of powers. [source]


    Administrative and Court Reform in Central and Eastern Europe

    EUROPEAN LAW JOURNAL, Issue 3 2003
    Frank Emmert
    Only relatively recently, it was recognised that successful administrative and court reform would be just as necessary in order to achieve the desired goals, namely that the candidates would eventually be able to take on their obligations as new members of the Union. Unfortunately, it has now become evident that it is easier to write new laws than to get them properly applied in every day practice. This article describes a number of cases to illustrate the problem. It shows that administrators and judges in Central and Eastern Europe have significant difficulties with Western working methods, specifically the application of international norms in the national legal order, due process and procedural safeguards, treatment of precedents, resolution of ambiguities and lacunae in the law, etc., which may in turn result in unjust and sometimes absurd application of laws. These difficulties cannot be resolved merely by organising ever more training courses and other theoretical programmes. The author claims that the majority of efforts promoting administrative and court reform applied so far have rendered only meager results. Therefore, additional and more creative measures have to be designed and implemented and have to be continued for years beyond accession of most of these countries to the EU in 2004. Otherwise, rule of law deserving its name will not materialise in the new Member States. The author concludes by offering some ideas based on many years of experience in the region. [source]


    The Regulation of Media Markets in selected EU Accession States in Central and Eastern Europe

    EUROPEAN LAW JOURNAL, Issue 3 2003
    Alison Harcourt
    When formulating media laws in the early 1990s, these countries were presented with models put forth by advisors from the US and EU Member States. Advisors proposed models based upon their own domestic policy and/or organisation agendas. A resulting ,battle of the models' can be observed with different experts and actors lobbying for the adoption of contrasting regulatory models. Underlying this were often political, economic and trade interests. In particular, ,Western' governments were interested in guaranteeing the opening of new markets, and the stability of these new media markets for Western capital investment, as well as wider political concerns of consolidating democracy in Europe. Interest groups and NGOs wished to transfer their ideas to Eastern Europe often in advocacy of their own agendas in an enlarged Europe. [source]


    The General Provisions of the Charter of Fundamental Rights of the European Union

    EUROPEAN LAW JOURNAL, Issue 4 2002
    R. Alonso García
    The Charter of Fundamental Rights of the European Union provides the Union with a ,more evident' (as the European Council of Cologne asked for) framework of protection of the individuals before the public authorities within the European context, after more than thirty years (since the Stauder Case) of full confidence in the leading role played by the jurisprudence of the Court of Justice of the European Communities. This new normative catalogue of fundamental rights (included the so called ,aspirational fundamental rights') implies one more instrument of protection which has to find its own place with regard to the protection afforded by the national Constitutions and the international agreements on human rights, particularly the European Convention on Human Rights, which are already a privileged source of inspiration for Court of Justice of the European Communities. It is the main objective of the General Provisions of the Charter to clarify which is that place and the relationship with those other levels of protection as managed by their supreme interpreters (i.e., the Constitutional,or Supreme,Courts of the Member States of the Union and the European Court of Human Rights). [source]


    Free Movement of Services and Social Security,Quo Vadis?

    EUROPEAN LAW JOURNAL, Issue 4 2002
    Maximilian Fuchs
    Dental treatment (of Aline Kohll) and a pair of spectacles (for Nicolas Decker) recently drew public attention throughout the whole of Europe. It is certainly true that the reactions following the Court of Justice's judgements in both cases were not only to be felt in the profession but in the general public most especially in political circles. Some authors even went as far as to place these judgements on a par with those in the Costa/ENEL and Cassis de Dijon cases. In the meantime these decisions have persistently been upheld by two further judgements (Vanbraekel and Smits/Peerbooms). The essence of the judgements lies in the observation that the Member States must respect an insured person's right to freedom of services despite being entitled to organise their own social security services. The following article is a critical analysis of this approach. The author pleads for a solution to the problems to be found within the ambit of the rules and principles of coordination whose further development he calls for. [source]


    Delegation of Regulatory Powers in a Mixed Polity

    EUROPEAN LAW JOURNAL, Issue 3 2002
    Giandomenico Majone
    It is a common place of academic and political discourse that the EC/EU, being neither a parliamentary democracy nor a separation-of-powers system, must be a sui generis polity. Tocqueville reminds us that the pool of original and historically tested constitutional models is fairly limited. But however limited, it contains more than the two systems of rule found among today's democratic nation states. During the three centuries preceding the rise of monarchical absolutism in Europe, the prevalent constitutional arrangement was ,mixed government',a system characterised by the presence in the legislature of the territorial rulers and of the ,estates' representing the main social and political interests in the polity. This paper argues that this model is applicable to the EC, as shown by the isomorphism of the central tenets of the mixed polity and the three basic Community principles: institutional balance, institutional autonomy and loyal cooperation among European institutions and Member States. The model is then applied to gain a better understanding of the delegation problem. As is well known, a crucial normative obstacle to the delegation of regulatory powers to independent European agencies is the principle of institutional balance. By way of contrast, separation-of-powers has not prevented the US Congress from delegating extensive rule-making powers to independent commissions and agencies. Comparison with the philosophy of mixed government explains this difference. The same philosophy suggests the direction of regulatory reform. The growing complexity of EC policy making should be matched by greater functional differentiation, and in particular by the explicit acknowledgement of an autonomous ,regulatory estate'. At a time when the Commission aspires to become the sole European executive, as in a parliamentary system, it is particularly important to stress the importance of separating the regulatory function from general executive power. The notion of a regulatory estate is meant to emphasise this need. [source]