scholarly journals Stabilization and association treaties in the law of the European Union

2004 ◽  
Vol 76 (9) ◽  
pp. 3-10
Author(s):  
Vladimir Medović
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
International Treaties ◽  
Judicial Cooperation ◽  
Member States ◽  
Community Law ◽  
Community Institutions ◽  
The Status ◽  
Foreign And Security Policy

The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.

Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions afterPupino

2007 ◽  
Vol 8 (5) ◽  
pp. 501-531 ◽  
Author(s):  
Carl Lebeck
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
Judicial Cooperation ◽  
Community Institutions ◽  
European Court ◽  
Foreign And Security Policy ◽  
The Common ◽  
Criminal Matters

The constitutional structure of the EU comprises two different components, one supranational (the European Community - EC) and one intergovernmental (the European Union). The EC is referred to as the first pillar, while the European Union in turn consists of two parts referred to as the second and third pillars respectively: the Common Foreign and Security Policy is the second, and the Police & Judicial Cooperation in Criminal Matters (the so called “area of Freedom, Security and Justice” - PJCC). The role of the common European institutions was from the outset more limited not just when it - which is logical - comes to legislation, but also when it comes to consultation and preparation of legislation. However, the ECJ retained jurisdiction to interpret the meaning of so called framework decisions in order to create a basis for uniform implementation in national law of such decisions. This was particularly true in relation to the Police and Judicial Cooperation in Criminal Matters. Whereas the European Court of Justice (ECJ) was granted jurisdiction in PJCC, the other community institutions, notably the European Commission, were given roles to supervise the implementation of framework decisions - but their role in enforcing uniformity was limited compared to the role of the community institutions in EC-law.

scholarly journals The enlargement of the European Union and the challenges of the reform

2003 ◽  
Vol 55 (1) ◽  
pp. 7-24
Author(s):  
Sofija Siriski
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
Constitutional Treaty ◽  
National Parliaments ◽  
Member States ◽  
New Members ◽  
Community Institutions ◽  
Foreign And Security Policy ◽  
The Eu

The successful conclusion of accession negotiations at the Copenhagen summit on December 13th 2002 means that ten countries will join the European Union in its biggest-ever enlargement. After eastward enlargement, the EU will contain 25 members and nearly half a billion people. The accession treaty will be signed at a special EU summit in Athens on April 16th, 2003. After that, the candidates and member-states will have about a year to ratify the treaty and to joint EU as planned on May 1st, 2004. This enlargement is quite an extraordinary challenge for all the parties involved. For the European Union, it is maybe the most ambitious endeavour in the whole history. The accession of ten new members makes it essential for the EU to reform its institutions, decision-making processes, as well as its policies for agriculture and regional aid. Meanwhile the successive challenge to European Common Foreign and Security Policy have highlighted its weaknesses. Newly formed Convention on the future of Europe is struggling with many fundamental questions and proposed a new constitutional treaty, which described the new European identity. The Convention makes several proposals to reshape Europe's institutions, according to several basic principles: the institution should become more effective - meaning that they have to be able to take decisions more speedily; EU institution tend to be cut off form national political systems and the national parliaments scold therefore become involved in the institutional workings of the EU; it is important to preserve the balance between the institutions dominated governments and the "Community" institutions; the structures of the institutions should be simplified. With just five months before the conclusion of the proceedings, and in parallel to the difficult exercise of drafting the new Constitutional treaty, a major effort is necessary to ensure that the various alternatives are explored, and that a final package can be agreed by a considerable majority of the member states.

scholarly journals A New Crisis Manager at the Horizon – The Case of the European Union

2000 ◽  
Vol 13 (2) ◽  
pp. 255-263
Author(s):  
Steven Blockmans
Keyword(s):  
European Union ◽  
Crisis Management ◽  
Security Policy ◽  
Crisis Response ◽  
The European Union ◽  
Member States ◽  
Management Capability ◽  
Concrete Form ◽  
Foreign And Security Policy ◽  
The Common

The 1999 Kosovo crisis has forced the European Union to finally give concrete form to its ambitions in the sphere of the common foreign and security policy. At a time when agreement on defence issues seems out of reach, the member states' focus is on the development of a crisis management capability. It is argued that when the Union's diplomatic structures are complemented with military and civilian crisis response tools, much needed balance will be given to the Union's persona as an economic giant and a political dwarf. The article includes a number of measures which should be taken with a view to reinforcing and extending the Union's external role in this field.

The European Union security policy

2020 ◽  
pp. 80-86
Author(s):  
Ivanna Maryniv
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
The European Union ◽  
Member States ◽  
The World ◽  
Foreign And Security Policy ◽  
Institutional Mechanism ◽  
The Eu

Problem setting. In spite of the presence of numerous conventions, treaties and organizations in the world today, the issue of security is still a very acute issue for the world community. There are many reasons for this: the presence of nuclear powers, serious disputes between countries that are justly considered world leaders, the existence of numerous local conflicts and wars of a more global nature across the globe. These and other factors are pushing states around the world to allocate budget funds to ensure effective security policies. Given today’s realities, one can trace the tendency of several countries to pool their own efforts and resources to pursue a common security policy. The European Union is one of the clearest examples of this behavior. This intergovernmental organization is committed to maintaining peace, diplomacy, trade and development around the world. The EU also promotes cooperation with neighboring countries through the European Neighborhood Policy. Target research. The aim of the research is to study the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. Analysis of recent research and publication. Many domestic and foreign scholars, including B. Tonro, T. Christiansen, S. Morsch, G. Mackenstein, and others. The institutional basis of foreign and security policy is analyzed in detail by J. Peterson, questions related to the European Union’s security policy. M. Shackleton. K. Gill, M. Smith and others study the general features of the development of a common EU security policy. Some contribution to the study of various problems related to European and Euro-Atlantic integration has been made by such national scientists as V. Govorukh, I. Gritsyak, G. Nemyrya, L. Prokopenko, O. Rudik, V. Streltsov, O. Tragniuk, I. Shumlyaeva, I. Yakovyuk and others. Article’s main body. The article examines the emergence and development of the European Union’s security policy from the date of the Brussels Covenant to the present. Particular attention is paid to the role of the European Union’s institutional mechanism in the exercise of its powers to ensure the defense and foreign policy cooperation of the Member States. A study of the officially adopted five-year global foreign and security policy of the EU is being done to improve stability in Europe and beyond, analyzing EU conflict resolution and crisis management activities. Conclusions and prospect of development. In view of the above, it can be concluded that the EU’s foreign and security policy institutional framework is an extensive system in which all the constituencies are endowed with a certain range of general and specific powers and are called upon to cooperate with one another to achieve a common goal. It cannot be said that such close cooperation puts pressure on Member States. Yes, a Member State has the right to refrain from voting for any decision that requires unanimity and such abstention will not prevent the above decision being taken. In this case, the mechanism of so-called “constructive retention” is triggered: the abstaining country is not obliged to comply with the decision, however, accepts the fact that it is binding on other Member States and takes this into account when concluding treaties, which should not contradict the said decision.

Policing Maastricht

1997 ◽  
Vol 70 (1) ◽  
pp. 49-53
Author(s):  
N.S.J. Baxter
Keyword(s):  
European Union ◽  
Security Policy ◽  
Third Party ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Foreign And Security Policy ◽  
Free Movement Of Persons ◽  
New Community ◽  
The Eu

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.

scholarly journals eu External Representation Post-Lisbon: The Performance of eu Diplomacy in Belarus, Moldova and Ukraine

2018 ◽  
Vol 13 (1) ◽  
pp. 75-96 ◽  
Author(s):  
Dorina Baltag
Keyword(s):  
European Union ◽  
Security Policy ◽  
Performance Criteria ◽  
External Representation ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
European Cooperation ◽  
Foreign And Security Policy

Summary The European Union (eu) today has quasi-embassies at its disposal in third countries — the eu delegations — which represent the Union’s eyes, ears and face. Following the Treaty of Lisbon, these delegations assumed the role of the rotating Presidencies and oversee the conduct of eu diplomatic affairs. In practice, this implies representing the eu and cooperating with eu member states’ embassies on matters not only relevant for aid and trade, but also for foreign and security policy. By employing performance criteria such as effectiveness, relevance and capability, this article uncovers the particularities of the practices of European diplomatic cooperation among eu delegations and national embassies in Belarus, Moldova and Ukraine. Drawing on fieldwork conducted in Minsk, Chisinau and Kiev from 2013-2016, the article explores practices of European cooperation abroad, shows how eu diplomatic actors identify a common approach and emphasizes certain capability issues faced by the eu in these countries.

Het moeilijke keren van een kolos de Europese Unie in 1995

Res Publica ◽  
1996 ◽  
Vol 38 (3-4) ◽  
pp. 607-630
Author(s):  
Bart Kerremans
Keyword(s):  
European Union ◽  
Security Policy ◽  
Economic And Monetary Union ◽  
The European Union ◽  
Member States ◽  
The Past ◽  
Third Stage ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu

In 1995 the newly enlarged European Union has proved to be capable to handle its problems and to take decisions in a large array of issues. The EU tried to cope with unemployment, continued the preparation of the third stage of the Economic and Monetary Union, adopted its 1996 budget decisions relatively smoothly, and intensified its relations with different parts of the world. On the other hand however, enlargement itself is increasingly affecting the Union as it preparing itself for the upcoming accession of some of its Central European and Mediterranean neighbors. The northern member states look with some suspicion at the budgetary consequences and already show a lot of restraint in paying more to the EU-budget, for the sake of their southern counterparts. Some member states are looking for a balanced enlargement in which the eastern enlargement would be counterbalanced by a Mediterranean one, and for a balance in the financial support that is provided by the EU to third countries. The biggest issue is however, the institutional adaptation of the European Union to a new enlargement. The preparations of the 1996 Intergovernmental Conferencethat took place in 1995, have shown however, that this process will be a difficult one. With the 1995 enlargement, the European Union has increased the number ofmember states that perceive the process of European integration primarily as an economic one. This will make institutional adaptations more difficult and risks to paralyze the Common Foreign and Security Policy of the Union even more than it already did in the past few years. Stated differently, 1995 has left a number of question marks on the EU's future. Whether these will disappear soon, 1996 will show.

scholarly journals The Legalisation of European Union Foreign Policy and the Use of Sanctions

2015 ◽  
Vol 17 ◽  
pp. 287-310 ◽  
Author(s):  
Paul James CARDWELL
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
Legal Order ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Foreign Policy ◽  
Foreign And Security Policy ◽  
The Common

AbstractThis article explores the legalisation of the Common Foreign and Security Policy (CFSP) of the European Union (EU) and its increasing use of sanctions. It argues that the breadth and depth of the numerous sanctions regimes in place shows that EU foreign policy is not merely an aspiration but produces law and legal processes which share similarities with those in the rest of the EU’s legal order. Further, the article examines the extent to which non-EU Member States in Europe have aligned themselves with EU sanctions. The argument is made that this is evidence not only of Europeanisation, but also crucially of alegalisedforeign policy which has allowed Europe-wide, EU-led foreign policy to emerge.

scholarly journals Legal status of the citizens of third countries in the European Union

2006 ◽  
Vol 78 (9) ◽  
pp. 319-350
Author(s):  
Bernadet Bordaš
Keyword(s):  
European Union ◽  
Legal Status ◽  
Primary Source ◽  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Community Law ◽  
The Status ◽  
Scope Of Application ◽  
First Time

The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.

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