Legal Guidelines for Cooperation between the European Union and American State Governments

2009 ◽  
Author(s):  
Daniel A. Farber
Keyword(s):  
European Union ◽  
State Governments ◽  
The European Union ◽  
Legal Guidelines ◽  
American State

The Constitutional Treaty and European Union Politics

2019 ◽  
Author(s):  
Derek Beach
Keyword(s):  
European Union ◽  
Foreign Minister ◽  
Majority Voting ◽  
European Convention ◽  
State Governments ◽  
The European Union ◽  
Constitutional Treaty ◽  
National Parliaments ◽  
The Status ◽  
Pillar Structure

The Constitutional Treaty, which attempted to establish a constitution for Europe, never went into force because of “no” votes in referendums in France and the Netherlands. It did not involve far-reaching changes in what the European Union does, nor did it revolutionize how the institutions work. The pillar structure of the existing treaties was replaced with a single Union, but without fundamentally changing how foreign, security and defense policies were decided. A “foreign minister” was created that merged the roles of High Representative in the Council and Commissioner for External Affairs, and the European Council was established as a separate, treaty-based institution. A simple double majority qualified majority voting (QMV) procedure was introduced in the Council, and the use of QMV was extended to many more policy areas. Given these modest reforms, what was particularly remarkable about the Constitutional Treaty was how it was negotiated. In contrast to previous major treaty reforms, the Constitutional Treaty was prepared by a more inclusive, parliament-like convention that was composed of representatives from national parliaments, the European Parliament, the European Commission, and member state governments. Although the European Convention was followed by a more traditional intergovernmental conference (IGC), the draft produced by the Convention surprisingly formed the status quo during the IGC. Therefore, the use of the Convention method to prepare treaty reforms sparked considerable interest among scholars who have explored how the change impacted who won and lost in the negotiations, and what types of bargaining strategies were most effective.

scholarly journals Socialisation and legitimacy intermediation in the Council of the European Union

2018 ◽  
Vol 10 (1) ◽  
pp. 202-221
Author(s):  
Kamil Ł. Ławniczak
Keyword(s):  
European Union ◽  
Decision Making Process ◽  
State Governments ◽  
The European Union ◽  
Qualified Majority ◽  
Depth Interviews ◽  
Supranational Level ◽  
Input Legitimacy ◽  
Output Legitimacy ◽  
Made In

Abstract The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. It contains an analysis of material generated in in-depth interviews and concludes that more effort is invested into reaching a more inclusive compromise in the Council than one would expect if it were to decide by qualified majority. Socialisation is weakening the input legitimacy of decisions made in the Council, while at the same time enhancing their output legitimacy by favouring genuine consensus.

scholarly journals Strategic autonomy of the European Union: on the way to «European Sovereignty» in defense?

2020 ◽  
pp. 223-242
Author(s):  
Іван Васильович Яковюк ◽  
Олеся Янівна Трагнюк ◽  
Бойчук Дмитро Сергійович
Keyword(s):  
European Union ◽  
Regional Security ◽  
State Governments ◽  
The European Union ◽  
New Paradigm ◽  
Member States ◽  
Eu Member States ◽  
Political Alliances ◽  
Strategic Autonomy ◽  
Traditional Approaches

2019 marked 20 years since EU Member States decided to create a joint EU approach to security and defense. The paper raises the question on finding new approaches to provide security and defense in Europe in the current context, as well as the formation of a new paradigm for research on regional security in Europe. Traditional approaches to the study of European integration (neofunctionalism and intergovernmentalism) are of little use for theorizing the development of European defense in conditions of new challenges and threats to national and regional security, as well as transatlantic solidarity violations. The article studies European Strategic Autonomy (ESA), which refers to the ability of the European Union, in conjunction with Member States, to independently determine its own priorities according to which to take decisions and implement them in the fields of foreign policy, security and defense. ESA is not synonymous with independence, nor does it deny membership in military-political alliances, since a more realistic scenario implies positioning itself as a European pillar of NATO. The implementation of the idea of building a "european sovereignty" in the field of security and defense implies that the European Union should take bigger responsibility for its own security, the security of its neighbors, andshould strengthen its role in transatlantic relations without opposing NATO. In order to move from rhetoric to concrete policy steps, the EU needs to develop a plan of measures for political, institutional and industrial action. It means that achieving real autonomy requires time and joint efforts by EU institutions and Member State governments. However, political and institutional autonomy can be built exclusively within the whole Union, while military-industrial autonomy can be initiated and implemented by a group of the most economically and technologically advanced EU Member States.

scholarly journals The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence

2018 ◽  
Vol 10 (1) ◽  
pp. 103-125 ◽  
Author(s):  
Sérgio Coimbra Henriques
Keyword(s):  
European Union ◽  
Capital Markets ◽  
Risk Sharing ◽  
Careful Analysis ◽  
Legal Framework ◽  
State Governments ◽  
Economic Policies ◽  
The European Union ◽  
Capital Markets Union ◽  
The Eu

Abstract The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. It contains an analysis of material generated in in-depth interviews. The Capital Markets Union (CMU) initiative serves as an umbrella term for regulatory changes directed at the overall development of European capital markets. As such, when analysing the legal framework of the CMU, it is important to note that this involves an undertaking which goes beyond the regulation of financial systems, also aiming to achieve supervisory convergence throughout the member states of the European Union. Indeed, it is perhaps one of the clearest examples of federal implications within the EU. All the synchronous movements enacted into law, leading towards harmonisation and supervisory convergence, show us that the CMU is an foundational piece in a collective journey towards ever greater integration in terms of economic governance and economic policies. Nonetheless, even if the CMU is one of the few cross-country risk-sharing mechanisms available to the EU, its implementation faces difficulties (as well as the looming Brexit) that demand careful analysis.

EU Economic Diplomacy: The Factors Shaping Common Action

2011 ◽  
Vol 6 (1-2) ◽  
pp. 83-99 ◽  
Author(s):  
Stephen Woolcock
Keyword(s):  
European Union ◽  
State Governments ◽  
The European Union ◽  
Special Issue ◽  
Eu Member States ◽  
Economic Diplomacy ◽  
The Hague ◽  
Current Special Issue ◽  
Common Action ◽  
The Eu

AbstractThe current special issue of The Hague Journal of Diplomacy is concerned with economic diplomacy. This article looks at the role that the European Union plays in economic diplomacy and shows that the EU’s role is essentially to facilitate, rather than to promote national companies as EU member state governments do. After discussing the various definitions of economic diplomacy, the article summarizes the areas in which the European Union constrains the scope for certain national policies of the EU member states. The article then discusses the factors that shape EU economic diplomacy and assesses the relative importance of these factors in specific negotiations.

scholarly journals Restrictions on European Union Citizens’ Freedom of Movement and Residence in the Country on Grounds of Public Policy, Public Security and Public Health

2016 ◽  
Vol 6 (1) ◽  
pp. 48-68 ◽  
Author(s):  
Algis Junevičius ◽  
Rasa Daugėlienė
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Member State ◽  
Free Movement ◽  
Public Security ◽  
State Governments ◽  
The European Union ◽  
Free Movement Of Persons ◽  
The Right

AbstractThe free movement of persons is one of the most successful European Union projects, serving as a majorly important factor promoting the European integration processes. The adoption of the Treaty on the European Union and the creation of EU citizenship implemented significant changes: the status of EU citizens and their right to move and reside freely within the territory of the Member States can no longer be interpreted in the way it was before the adoption of the Treaty on the European Union. There are no requirements for EU citizens within the Treaty to pursue professional or independent activities or to work under an employment contract in order to access provided rights. However, the right of free movement is not unlimited. The administrations of the Member State governments are authorized to impose restictions on the free movement of citizens. In the light of these facts, this article examines exceptions in the field of free movement of persons and indentifies concepts of public policy, public security and public health. Special attention is given to so-called rule limitation of restrictions and to the mechanism of protection against expulsion from the country. The article concludes by saying that the institutions of Member State governments have the right to evaluate threats within the territory of the country and to decide on the content of public security by themselves. However, their discretion can not be used as an instrument to treat the conduct of other Member State citizens in a worse way than that of their own local citizens.

scholarly journals Brexit and the limits of Article 50 Treaty of the European Union

2020 ◽  
Vol 3 (1) ◽  
pp. 165-175
Author(s):  
Mario Barata
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Legal Doctrine ◽  
Court Of Justice ◽  
Article 50 ◽  
Legal Guidelines ◽  
Institutional Representation ◽  
Financial Settlement ◽  
The Eu

AbstractThis article aims to analyse the limits of Article 50 of the Treaty of the European Union (TEU) which expressly consecrates a Member State’s unilateral right to leave the Union. However, the provision seems to raise more questions than it answers due to the lack of concrete legal guidelines, and Brexit has underlined this reality. For example, the exit procedure contemplates the possibility of signing a withdrawal agreement with the European Union (EU), but it does not discipline its content. In our opinion, any agreement must regulate three questions: fundamental rights, financial settlement, and borders. A second limitation refers to the possibility of a Member State withdrawing its withdrawal notice. This question has recently been decided by the Court of Justice of the European Union (CJEU) in a manner that leaves the EU without any say in the process. Finally, the provision does not deal with the constitutional implications of withdrawal: treaty revision, institutional deadlock, and institutional representation. In sum, these critical omissions are analysed considering the relevant legal doctrine, jurisprudence, as well as the Brexit process. It also proposed that Article 50 of the TEU be amended in the future.

4. The Council of the European Union:

2021 ◽  
pp. 78-105
Author(s):  
Uwe Puetter
Keyword(s):  
Decision Making ◽  
European Union ◽  
Separation Of Powers ◽  
Policy Coordination ◽  
State Governments ◽  
The European Union ◽  
Council Decision ◽  
Upper Chamber ◽  
Dual Mandate ◽  
Legislative Decision

The Council is an institution of day-to-day policymaking in which the interests of member state governments are represented by cabinet ministers who meet, according to their policy portfolio, in different Council configurations and within the Eurogroup. According to the Treaty of Lisbon, the Council has a dual mandate. It acts as a legislative organ as well as an executive and policy-coordinating institution. This dual role is reflected in the organization and meeting practices of the different Council configurations. Those groupings of ministers dealing primarily with executive decisions and policy coordination tend to meet more often and are regarded as being more senior than those formations of the Council which engage predominantly in legislative decision-making. As a legislative institution, the Council has increasingly acquired features of an upper chamber in a bicameral separation of powers system, working in tandem with the European Parliament. In contrast, Council decision-making relating to executive issues and policy coordination in important policy domains, such as economic governance and foreign policy, is closely aligned with the European Council. In these areas, the Council can be considered to constitute, together with the Commission, a collective EU executive.

European Union Civil Service Law

2018 ◽  
Author(s):  
Kieran Bradley
Keyword(s):  
European Union ◽  
Member State ◽  
Social Protection ◽  
Civil Service ◽  
Family Law ◽  
State Governments ◽  
The European Union ◽  
Title X ◽  
National Courts ◽  
The One

The civil service law of the European Union governs the legal relationships between Union institutions and agencies, on the one hand, and their staff and a number of categories of persons who may have rights under the EU Staff Regulations or equivalent instruments, on the other hand. These latter include in particular former staff in receipt of pensions or other benefits, family members of (former) staff who have a claim on the Union as a result of their links with the staff member, and candidates for competitions and contractual posts. It is EU law in a relatively pure form, in that neither national law nor the Member State authorities (administrative or political) play any significant part in its application, except Member State governments in their role as Union legislators within the Council, and occasionally national courts called upon to apply EU staff law in national disputes, for example in tax or family law matters. Despite its material content, European Union civil service law is also relatively impervious to the influence of EU social protection law adopted in favour of workers generally under Title X of Part Three TFEU (Social policy), subject to a small number of exceptions, such as minimum

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