Download or read book The accession of the European Union to the European Convention on Human Rights written by Johan Callewaert and published by Council of Europe. This book was released on 2014-01-01 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

Download or read book The Accession of the European Union to the European Convention on Human Rights written by Paul Gragl and published by Bloomsbury Publishing. This book was released on 2013-06-20 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Download or read book From Europe Agreements to Accession written by Paul van den Bempt and published by P.I.E-Peter Lang S.A., Editions Scientifiques Internationales. This book was released on 1996 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has been engaged, after the fall of the Berlin Wall, in determined efforts to end the artificial separation of West and East and to foster economic, social and political integration of the whole of Europe. On their side, the countries of Eastern and Central Europe have undertaken fundamental reforms to introduce the law of democracy and to evolve towards a free market economy. Having established close contacts with academic and political circles in the Associated Countries, TEPSA was eager to study the implications for both sides and organized five conferences for this purpose. This book presents the essence of the main findings in the form of an overall analysis. It starts with a technical description of the Europe Agreements and the Concurrent Interim Agreement on Trade Related Matters followed by the main decisions taken at the Copenhagen and Essen summits. Subsequently, the criteria and conditions presently envisaged for membership of the CEEC's are analysed. Whether, when and to what extent these countries can meet these criteria and what kind of steps the European Union has to take to ensure enlargement is the subject of the following chapters concentrating on the problems which will have to be solved before (and even after) this decisive step will have been taken.

Download or read book The Penguin Companion to European Union written by Anthony Teasdale and published by Penguin UK. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.

Download or read book Turkey written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 2005-06-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: What requirements must Turkey the largest country among the candidate and accession countries meet to join the European Union? What progress has been made toward meeting them? This timely volume analyzes the economic challenges confronting Turkey in its quest to accede to the European Union (EU). It focuses on the extent to which Turkey is ready to join the Single Market, comply with the EU's body of economic regulations and directives, the 'Acquis Communautaire', and meet the Maastricht criteria for fiscal, monetary, and exchange rate policies. This book also provides an assessment of Turkey's national program to meet the accession requirements. It describes briefly what Turkey needs to achieve on the economic policy front to satisfy the conditions for accession, the progress to date, and the likely consequences of implementing the full body of EU requirements. The book is divided into four parts: An analysis of the macroeconomic policies for EU accession An analysis of the effects of integration on key sectors: agriculture; manufacturing; services industries, including banking, telecommunications, transportation, and natural gas; and network industries An exploration of key economic policy challenges, including labor market regulation, foreign direct investment challenges, and the costs and benefits of meeting the EU environmental 'Acquis' The quantification of the impact of EU accession and consideration of the welfare effects of integration While the focus is on the specific situation of Turkey, the subject will be of value to all researchers with an interest in the challenges of deeper integration through regional agreements.

Download or read book Contemporary Perspectives on Turkey s EU Accession Process written by Catherine MacMillan and published by Cambridge Scholars Publishing. This book was released on 2018-10-19 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite having made its first application for EEC membership in 1959, Turkey’s bid to join the EU remains as controversial as ever, with Turkey and EU relations arguably at an all–time low in the aftermath of the attempted coup d’état of July 2016. In this context, the essays here, while using (de)Europeanisation as a broad theoretical framework, explore the current state of Turkey’s EU accession bid from a variety of perspectives, including discourse analysis, Euroscepticism and institutionalist approaches. The essays focus not only on discursive and policy (de)Europeanisation within Turkey, but also examine both official EU and European right–wing Eurosceptic discourse on Turkish accession, as well as approaching the Turkish accession process through comparisons with the contemporary Western Balkan countries and with post–war Germany.

Download or read book Challenges and Barriers to the European Union Expansion to the Balkan Region written by Costa, Bruno Ferreira and published by IGI Global. This book was released on 2022-01-21 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite all efforts to create a political union capable of improving European citizens’ quality of life, there are several barriers to the European Union’s (EU) expansion to the Balkan Region. The EU enlargement and expansion to the Balkan Region is one of the Union’s greatest challenges and political objectives in recent years. In the turmoil of economic, social, and sanitarian crises, where is the space to debate the enlargement of the EU? Challenges and Barriers to the European Union Expansion to the Balkan Region presents the EU’s structure, the process of enlargement, and the challenges related to the Balkan region. This book addresses critical issues and challenges in the EU and the emerging trends for the EU’s future. Covering topics such as enlargement policy, integration, NATO, and political challenges, this book is a valuable resource for post-grad students of political science and international affairs, faculty of higher education, researchers, academicians, politicians, world leaders, and policymakers.

Download or read book Legal Aspects of the Cyprus Problem written by Frank Hoffmeister and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Download or read book EU Turkey Relations written by Wulf Reiners and published by Springer Nature. This book was released on 2021 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the new complexities and ambiguities that epitomize EU-Turkey relations. With a strong focus on the developments in the last decade, the book provides full access to a comprehensive understanding of the multifaceted relationship through three entry points: (1) Theories and Concepts, (2) Institutions, and (3) Policies. Part I brings together complementary and competing analytical approaches to study the evolution of EU-Turkey relations, ranging from traditional integration theories to novel concepts. Part II investigates the institutional machinery of EU-Turkey relations by analyzing the roles and perspectives of the European Council, the European Commission, and the European Parliament. Part III offers analyses of the policies most relevant for the relationship: enlargement policy, trade and macroeconomic policies, foreign and security policy, migration and asylum policies, and energy policy. In Part IV, the volume closes with a systematic survey of the conditions under which cooperative trends in EU-Turkey relations could be (re)invigorated. The systematic setup and the balanced combination of distinguished experts from EU- and Turkey-based institutions make this book a fundamental reading for students, researchers, lecturers, and practitioners of EU-Turkey relations, European integration and Turkish foreign policy. Wulf Reiners is Senior Researcher and Head of the Managing Global Governance (MGG) Program of the German Development Institute / Deutsches Institut fur Entwicklungspolitik (DIE). Ebru Turhan is Assistant Professor at the Department of Political Science and International Relations, Turkish-German University in Istanbul, Turkey.

Download or read book European Union Enlargement and Integration Capacity written by Tanja Börzel and published by Routledge. This book was released on 2017-10-24 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effects of the Eastern enlargement, the biggest so far, are still felt across the European Union (EU). Many warned the EU was about to overreach the limits of its integration capacity. More than a decade later, this book presents a broad-based and systematic evaluation of the 2004–2007’s enlargement and its impact on the EU. In contrast to widespread scepticism, our results show that the EU’s integration capacity has been strong. Credible accession conditionality and pre-accession assistance have had a positive impact on democracy, governance capacity, and economic transformation, at least before accession. After accession, EU institutions have proven resilient. Eastern enlargement has not affected negatively the legislative capacity of the EU. It has not led to a deterioration of compliance and implementation of EU law either; initial differentiated integration has quickly returned to normal levels. This generally positive assessment stands in stark contrast with increasing public opposition to future EU enlargements. We identify some less known sources of such opposition: the lack of communication and political debate about enlargement between EU leaders and their citizens. Public opposition undermines the credibility of EU conditionality, which is crucial for having a positive impact on neighbouring countries in the future. The chapters in this book originally appeared in a special issue in the Journal of European Public Policy.

Download or read book The EU and its Member States Joint Participation in International Agreements written by Nicolas Levrat and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

Download or read book Legal Constraints on EU Member States in Drafting Accession Agreements written by Narin Idriz and published by Springer Nature. This book was released on 2022-06-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.

Download or read book Monitoring the EU Accession Process written by EU Accession Monitoring Program and published by Monitoring the EU Accession Press. This book was released on 2002 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eumpa has published monitoring reports highlighting specific areas in which state performance conforms to, or fails short of, broadly accepted international standards. These two volumes monitor access to education and employment for people with intellectual disabilities in 15 European countries and make recommendations on how people with intellectual disabilities can be more fully integrated into community life. The summary report is a condense version of the two full volumes.