Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

Author(s):  
Angelo Marletta

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.


Author(s):  
Masum Billah

The European Union (EU) is a political and economic union of 28 member states that are located primarily in Europe. It has an area of 4,475,757 km2 (1,728,099 sq mi) and an estimated population of about 513 million. The EU has developed an internal single market through a standardized system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within the internal market, enact legislation in justice and home affairs and maintain common policies on trade, agriculture, fisheries and regional development. For travel within the Schengen Area, passport controls have been abolished. A monetary union was established in 1999 and came into full force in 2002 and is composed of 19 EU member states which use the euro currency.


2020 ◽  
Vol 11 (2) ◽  
pp. 283-296 ◽  
Author(s):  
Alessio M. PACCES ◽  
Maria WEIMER

The COVID-19 pandemic is changing the face of Europe. Member States’ divergent responses to this crisis reveal a lack of unity in the face of a humanitarian catastrophe. At best, this undermines the effectiveness of health protection within the European Union (EU). At worst, it risks breaking up the Union altogether. Divergent national responses to COVID-19 reflect different national preferences and political legitimacy, and thus cannot be completely avoided. In this article, we argue that these responses should be better coordinated. Without coordination, the price for diversity is high. Firstly, there are damaging spill-overs between Member States, which undermine key pillars of European integration such as the free movement of persons and of goods. Secondly, national policy-making is easily captured by local interest groups. Our proposal is that the EU indicates – not mandates – a European exit strategy from asymmetric containment policies of COVID-19. In particular, the EU should help Member States procure and validate tests for infection and immunity. The EU should also indicate ways in which testing could be used to create safe spaces to work, thereby restoring the free movement of persons and of goods. We see a great advantage in such EU guidance: it could improve mutual learning between Member States, which have faced different timings of the epidemic and learned different lessons. Although the local political economy has so far delayed learning and undermined cooperation, the EU can mitigate both effects and indicate the way for Europe to resurrect united from the ashes of COVID-19.


2017 ◽  
Vol 24 (2) ◽  
pp. 264-288 ◽  
Author(s):  
Evangelia Psychogiopoulou

Launched in 2008, the open method of coordination (OMC) in the policy area of culture in the European Union has been used to structure cultural cooperation between Member States, to promote the exchange of best practices and feed national and EU policies by making recommendations to national and European policy-makers. The purpose of this article is to investigate whether the cultural OMC has delivered on its objectives. Has the process been successful in structuring cooperation between Member States? Has it had an influence on Member States’ cultural policies and if yes, in what way(s)? Has it informed cultural activity in the EU, affecting the measures taken at EU level? Based on a broad range of EU policy documents, cultural OMC outputs and interviews held with the European institutions, Member States’ cultural authorities and OMC participants in the cultural field, this article presents an empirical analysis of the effects of the cultural OMC through two distinct cycles (2008-2010 and 2011-2014). The analysis seeks to deepen the understanding of policy coordination in culture – a policy area that is essentially reserved for Member States due to their sensitivities in this field.


1997 ◽  
Vol 70 (1) ◽  
pp. 49-53
Author(s):  
N.S.J. Baxter

In February 1992 the Treaty of European Union was signed at Maastricht. It committed member States to new Community goals which included increasing government cooperation in the fields of foreign and security policy along with justice and home affairs (Steiner, 1994). The following “pillars” to develop the Union were identified. First of all, the protection of the rights and interests of people was strengthened by introducing citizenship of the European Union (EU); secondly a commitment was made to implement a common foreign and security policy indicated a movement towards a common defence of the Union against third party States. The third pillar seeks to facilitate the free movement of persons, while ensuring their safety and security through member States, by working closely in the areas of justice and home affairs (Benyon et al, 1993). It is this latter aspect which has implications for policing within the EU.


SEER ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 39-58
Author(s):  
Frederic De Wispelaere ◽  
Gabriella Berki ◽  
Snjezana Balokovic

This article discusses the potential impact of the free movement of persons in the EU on the Montenegrin social security system. It can be argued that three variables will be of great importance: 1) mobility between Montenegro and other EU member states; 2) social security legislation in Montenegro; and 3) the social security Coordination Regulations. The scale of migration will be highly dependent on whether there are transitional arrangements and whether neighbouring countries, not least Serbia, join the EU at the same time. In order to avoid an erosion of the workforce and consequently of people paying taxes in Montenegro, it might be useful to negotiate transitional arrangements as well as to promote oth er types of labour mobility, such as intra-EU posting. Furthermore, it can be expected that Montenegro’s accession will have financial and administrative implications in the area of healthcare. After all, accession to the EU will lead to a further increase in the number of tourists and thus of the amount that Montenegro will have to recover from member states if unplanned healthcare has been provided in Montenegro.


2019 ◽  
Vol 3 ◽  
pp. 69-84 ◽  
Author(s):  
Artur Gruszczak

This article takes up in the form of an interdisciplinary legal and political analysis the issue of the incorporation of the Schengen acquis into European Union law and the national legal systems of the EU member states in the light of the concept of a hybrid system of territorial governance. Accordingly, the Schengen acquis stimulated the process of intersecting the interests of internal security and the protection of Member States’ borders with the supranational ideological imperative with regard to the principle of free movement of persons. The argument developed in this article is that the incorporation of the Schengen acquis into EU law consolidated hybridity of the legal and institutional construction of the EU after the Amsterdam Treaty as a result of the contradiction between the logic of political bargain at the intergovernmental level and the vertical spillover generated at the supranational level in the institutional and decision-making dimensions. The conclusions point to the emergence, as a result of “schengenisation”, of the area of freedom, security and justice in the EU, in which the principle of free movement of people brought about diversification of the states’ adaptation mechanisms in relation to the ideologically determined project of transformation of the system of management of the territory and borders within the European Union.


Author(s):  
Yu. Masyk

The article analyzes the peculiarities of the integration of Latvia, Lithuania and Estonia into the European Union. The stages are highlighted, the principles and mechanisms of the European integration policy of the Baltic States are clarified. The problems of Ukraine's adaptation to the requirements of the European Union, in particular the conditions of the Copenhagen criteria, ways to use the relevant experience of Latvia, Lithuania and Estonia are revealed. Recommendations for further rapprochement of Ukraine with the EU are considered. The accession of dozens of new countries to the EU in May 2004 marked a qualitatively new stage in the integration process both in Europe and in the world. As a result of the largest enlargement of the European Union, the state of the economy in the old member states has changed significantly, but rather it has had decisive consequences in all areas of the economy for the new member states. Analysis of the positive and negative phenomena that accompanied the enlargement of the EU is important for countries that have or are considering joining the EU in the future, in the formation of long-term economic policy and deciding on the directions of their integration. The closest to Ukraine in terms of development in the EU are the countries of Central Europe and the Baltics, so their experience will be useful for our country. Integration with the European Union was less difficult for the three Baltic states than for many other accessing countries, due to their strong social impetus to join Western political, economic and legal culture after they regained their independence from the Soviet Union in 1990. However, the accession of Estonia, Latvia and Lithuania had several distinctive features related to constitutional origin and institutions, which had a strong impact on the resolution of problems between the government and the EU institutions. The path taken by the Baltic countries upon accession to the EU was difficult and their role in the EU was not easy. Today, the EU-related agenda requires more skills than ever before in finding allies and choosing partners.


Author(s):  
Federico Fabbrini

This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the withdrawal of the United Kingdom from the EU—the first ever case of disintegration since the start of the European integration process—creates an urgent need to reform the EU. In fact, while the EU institutions and its Member States have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, considering its precedents and discussing its prospects.


Author(s):  
Luchtman Michiel

The Court of Justice has stated that ‘the founding treaties of the EU, unlike ordinary international treaties, established a new legal order, possessing its own institutions, for the benefit of which the Member States thereof have limited their sovereign rights, in ever wider fields, and the subjects of which comprise not only those States but also their nationals’. The wording highlights the differences between the European legal order (the European Union (EU) and its Member States) and the international legal order. Whereas international law is regarded as a matter between states, the Court’s characterisation of the European Union expressly makes room for individuals, EU citizens to be more precise. In line with this, Article 3(2) of the Treaty on European Union (TEU) states that the EU shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration, and the prevention and combating of crime.


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