Download or read book The EU and the Proliferation of Integration Principles under the Lisbon Treaty written by Francesca Ippolito and published by Routledge. This book was released on 2018-09-27 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

Download or read book Which Europe written by K. Dyson and published by Springer. This book was released on 2010-08-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Euro Area, the Schengen Area, and Airbus - the 'Anglosphere', the Franco-German 'motor' and Nordic cooperation – each illustrates how differentiation has become a pervasive feature of European integration. Which Europe? offers an authoritative and comprehensive examination of differentiated integration in its functional and its territorial aspects. It focuses on its implications for both the practice and the theory of European integration. Is it strengthening or weakening the EU and its Member States? Are territorial identities being undermined or strengthened? Are new theories of integration required? In particular, this book looks at the relationship between the growth in use of differentiated integration and the widening of European Union membership, the broadening in its policy scope, and the deepening in integration.

Download or read book Back to Maastricht written by Carlo Spagnolo and published by Cambridge Scholars Publishing. This book was released on 2021-02-03 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has long defied previous notions of state sovereignty and has since the days of the Coal and Steel Community been conferred with original supranational instruments. Yet the Treaty of Rome did not raise the same popular reactions as the Maastricht Treaty about the infringement of national sovereignty. This book suggests that the end of the Cold War has modified the functions of European integration so that the original ideals of integration have lost part of their appeal; hence the birth of the European Union can be regarded as an attempt to seek a new legitimacy. How far did the EU Treaty meet this unprecedented challenge? This book argues that the Maastricht Treaty established a constitutional framework for a new kind of polity without resolving the issue of its purpose and scope. The volume seeks thus to explain some of the reasons for the defeat of the Constitutional Treaty in 2005 dating them back to the Maastricht Treaty. In so doing, the book links the actual state of European integration with the decisions taken at Maastricht in five different realms of supranational policy-making. The first is the constitutional setting of the EU Treaty and its effect on national constitutional law; the second is the concept of governance and the changes introduced by the Economic and Monetary Union; the third is the historical background of the Maastricht agreement; the fourth the political economy of the Economic and Monetary Union; the fifth is the impact of European citizenship in the recent case-law of the European Court of Justice and the prospects of a EU politicisation. The book puts in perspective the solutions to the recent stalemate of the European integration process offered by the Lisbon Treaty.

Download or read book Quo Vadis Europe The Significance of Sustainable Development as Objective Principle and Rule of EU Law written by Beate Sjåfjell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of supranational law in making national law disciplines such as company law comply with and work towards objectives and principles of international treaties? In international law and politics, there is a growing recognition of sustainable development as an all-important objective and a general principle of international law. Sustainable development has a strong legal position among the ultimate objectives of the European Union, underpinned by the growing recognition in the EU of the inextricable entity of humanity, our natural environment and our economic system. In the search for the balancing that this goal requires within the nonnegotiable limits of our planet, the principle of sustainable development is the key. This principle requires the integration of environmental protection requirements in all areas, with the aim of achieving a sustainable development. The threat of climate change accentuates the necessity of recognising and respecting the ecological limits within which all social and economic development must take place. The principle of sustainable development is codified, following the changes made by the Lisbon Treaty, in an enhanced version of the rule, now enacted in Article 11 of the Treaty on the Functioning of the European Union. In practice, however, on national, supranational and international level, actions speak louder than words. In practice the focus is on economic growth and efficiency in a narrow and short-term sense, leading to environmental degradation, loss of biodiversity and dangerous climate change. Although progress is made in some areas, the regulation of companies, these all-important components of our economies, is to a great extent shielded. Talk about voluntary corporate social responsibility seems to be the closest law-makers dare to get to regulating these entities, without which we cannot hope to achieve the overarching global goal of a sustainable development. Modern company law is often seen as matter of private law only, seeking efficient regulation of an instrument perceived to have as its only goal the profit-maximisation of shareholders. The fundamental freedoms of EU law are seen by some as an argument in favour of such a narrowing of the scope of company law and for restricting the room for encompassing other interests. EU law is, however, not just about free movement and market integration. On a Treaty level, the general objectives of the EU have a strong legal significance, and the codification of the principle of sustainable development entails an all-encompassing legal duty to integrate environmental protection requirements in the policies and activities of the Union. What does this entail for the EU institutions and for the Member States, and specifically for the regulation of companies - and what is the broader, global significance? In a tentative answer to these questions, this paper first introduces sustainable development as an EU law objective, principle and rule (Section 2). The argument is presented that particularly the codification of the sustainable development principle in Article 11 TFEU has significant legal implications for the institutions of the European Union (Section 3), entailing direct obligations on all levels: Law-making, administration, supervision and judicial control (Section 4). For EU company law, this requires a whole new approach. The implications for the Member States are rather more indirect, but nevertheless highly relevant, influencing the interpretation, implementation and application of EU law; the justification of Member State initiatives that restrict free movement; entailing a possible duty to act to promote overarching objectives under certain circumstances, and perhaps also indicating a coming general principle of sustainable development on Member State level (Section 5). The paper thereby shows how EU Treaty law, taken seriously, may be used as a tool to ensure that EU law itself and the national laws of its Member States truly work towards a global, sustainable development. The paper concludes with some reflections on how EU law already may be influencing national law also beyond the scope of the direct requirements for EU law implementation in national legislation, and how this could impact on both national law and international law (Section 6).

Download or read book European Integration written by Konstanty Adam Wojtaszczyk and published by Logos Verlag Berlin GmbH. This book was released on 2023-09-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monographs ‘European Integration: Conditions, Essence and Consequences’ and its follow-up ‘The Future of the European Union’ were compiled in the course of the project ‘Quo vadis Unio? a racja stanu Polski’ under the DIALOG research programme between 2019 and 2023. They are the result of contributions by Europeanists, political scientists, lawyers, economists, cultural scholars and historians who study the issues of European integration. The content presented in both publications reflects the research outcomes and views of the individual authors. The first monograph was designed as an attempt to summarise the integration process within the European Union to date and its legal and institutional dimension. The monograph consists of four parts: ‘The State of European Integration’, ‘Selected Problems of European Integration’, ‘EU and National Concepts of Reforms of the European Union’ and ‘Theoretical Problems of Research on European Integration’. We hope that the issues discussed in the monograph will attract the interest of potential readers, especially academics and students involved in European studies, political science, economics, sociology, history, law and cultural studies. Insight into these issues may also be useful to government officials and NGO activists, as well as to a wide audience interested in European issues.

Download or read book Ever Looser Union written by Frank Schimmelfennig and published by Oxford University Press. This book was released on 2020-02-21 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differentiated integration has become a durable feature of the European Union and is a major alternative for its future development and reform. This book provides a comprehensive conceptual, theoretical, and empirical analysis of differentiation in European integration. It explains differentiation in EU treaties and legislation in general and offers specific accounts of differentiation in the recent enlargements of the EU, the Eurozone crisis, the Brexit negotiations, and the integration of non-member states. Ever Looser Union? introduces differentiated integration as a legal instrument that European governments use regularly to overcome integration deadlock in EU treaty negotiations and legislation. Differentiated integration follows two main logics. Instrumental differentiation adjusts integration to the heterogeneity of economic preferences and capacities, particularly in the context of enlargement. By contrast, constitutional differentiation accommodates concerns about national self-determination. Whereas instrumental differentiation mainly affects poorer (new) member states, constitutional differentiation offers wealthier and nationally oriented member states opt-outs from the integration of core state powers. The book shows that differentiated integration has facilitated the integration of new policies, new members, and even non-members. It has been mainly 'multi-speed' and inclusive. Most differentiations end after a few years and do not discriminate against member states permanently. Yet differentiation is less suitable for reforming established policies, managing disintegration and fostering solidarity, and the path-dependency of core state power integration may lead to permanent divides in the Union.

Download or read book The Lisbon Treaty written by Paul Craig and published by OUP Oxford. This book was released on 2013-05-09 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty. This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.

Download or read book Limits and Problems of European Integration written by Ernst B. Haas and published by Springer. This book was released on 2012-12-06 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: by B. LANDHEER The Grotius Seminarium has as its purpose the study of international problems under the aspect of "living and cooperating in one world." Its Conference of May 30-June 2, I96I on "Limits and Problems of European integration" attempted to view European integration within the framework of this general goal as is somewhat implied in its title. "The limits of European integration" lie in the necessity of fitting it in the wider framework of international cooperation, while its problems lie in the various interpretations and concretizations of its own goals, ab out which there are a number of different viewpoints. It could be stated that the European is faced with three sets of problems: the creation of a more unified world as a global problem; the regional integration of Europe; and, thirdly, the continuation of more strictly national interests. It is not justified to assume that these three circles of interest are automatically complementary: they are often antagonistic, and a "philosophy of integration" would have to arrive at a structural presentation of those various values and of tbeir interrelatedness. While it is obviously not possible for a small Conference to give those problems their full weight, it is nevertheless hoped that the essays combined in this volume raise a number of relevant questions and contribute to the elaboration of some more concrete problems.

Download or read book The EU Beyond Amsterdam written by Martin Westlake and published by Routledge. This book was released on 2002-06-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduced with a preface by Jacques Delors, this volume offers new insights and develops generalised theories about the nature of European integration. The contributors step back from the detail of the latest intergovernmental conference and budgetary negotiations to generate conclusions of enduring value. The issues dealt with include the following: * Britain and integration * intergovernmental conferences * the rule of law * making foreign policy work * the democratic deficit.

Download or read book The Principles of Mutual Recognition in the European Integration Process written by F. Schioppa and published by Springer. This book was released on 2005-05-31 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.

Download or read book What Makes the EU Viable written by A. Glencross and published by Springer. This book was released on 2009-07-08 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on international relations theory, law and historical analysis, this book compares European integration with the antebellum USA to assess what makes the EU viable despite contestation over the rules of the game of integration. It reveals that changing the system of representation is no shortcut solution for the EU's constitutional woes.

Download or read book The European Union in the 21st Century written by Stefano Micossi and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.

Download or read book Confronting Ecological and Economic Collapse written by Laura Westra and published by Routledge. This book was released on 2013-06-07 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the first appearance of the term in law in the Clean Water Act of 1972 (US), ecological integrity has been debated by a wide range of researchers, including biologists, ecologists, philosophers, legal scholars, doctors and epidemiologists, whose joint interest was the study and understanding of ecological/biological integrity from various standpoints and disciplines. This volume discusses the need for ecological integrity as a major guiding principle in a variety of policy areas, to counter the present ecological and economic crises with their multiple effects on human rights. The book celebrates the 20th anniversary of the Global Ecological Integrity Group and reassesses the basic concept of ecological integrity in order to show how a future beyond catastrophe and disaster is in fact possible, but only if civil society and ultimately legal regimes acknowledge the necessity to consider ecointegrity as a primary factor in decision-making. This is key to the support of basic rights to clean air and water, for halting climate change, and also the basic rights of women and indigenous people. As the authors clearly show, all these rights ultimately depend upon accepting policies that acknowledge the pivotal role of ecological integrity.

Download or read book Instruments of Public Law written by Irena Lipowicz and published by Taylor & Francis. This book was released on 2022-11-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state's organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.

Download or read book Member State Interests and European Union Law written by Marton Varju and published by Routledge. This book was released on 2019-11-20 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Download or read book European Integration After Amsterdam written by Karlheinz Neunreither and published by Oxford University Press. This book was released on 2000 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration is at a turning point with implications for all member states. The Amsterdam treaty marks a shift towards constitutional issues. A group of scholars argue that these issues are rooted in those on the European level and shifting models of political and economic organization.