Ever Looser Union?

2020 ◽  
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen
Keyword(s):  
Self Determination ◽  
The European Union ◽  
Core State ◽  
Member States ◽  
New Members ◽  
Treaty Negotiations ◽  
Differentiated Integration ◽  
Economic Preferences ◽  
New Policies ◽  
The Eu

Differentiated integration is a durable feature of the European Union and 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 Euro crisis, the Brexit negotiations and the integration of non-member states. Differentiated integration is a legal instrument that European governments use regularly to overcome integration deadlock in EU treaty negotiations and legislation. 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.

In View of Ratification: Governmental Preferences and Domestic Constraints at the Amsterdam Intergovernmental Conference

2002 ◽  
Vol 56 (2) ◽  
pp. 447-476 ◽  
Author(s):  
Simon Hug ◽  
Thomas König
Keyword(s):  
European Union ◽  
Political Parties ◽  
Data Sets ◽  
The European Union ◽  
Member States ◽  
Amsterdam Treaty ◽  
Treaty Negotiations ◽  
Domestic Constraints ◽  
Draft Proposal ◽  
The Eu

The bargaining product of the Amsterdam Intergovernmental Conference—the Amsterdam Treaty—dwindled down the draft proposal to a consensus set of all fifteen member states of the European Union (EU). Using the two-level concept of international bargains, we provide a thorough analysis of how this consensus set was reached by issue subtraction with respect to domestic ratification constraints. Drawing on data sets covering the positions of all negotiating actors and ratifying national political parties, we first highlight the differences in the Amsterdam ratification procedures in the fifteen member states of the EU. This analysis allows us to compare the varying ratification difficulties in each country. Second, our empirical analysis of the treaty negotiations shows that member states excluded half of the Amsterdam bargaining issues to secure a smooth ratification. Because member states with higher domestic ratification constraints performed better in eliminating uncomfortable issues at the Amsterdam Intergovernmental Conference, issue subtraction can be explained by the extent to which the negotiators were constrained by domestic interests.

scholarly journals Enhanced Cooperation, EMU Reforms and Their Implications for Differentiation in the European Union

2017 ◽  
Vol 7 (2) ◽  
pp. 84-106
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
Maastricht Treaty ◽  
Theoretical Framework ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Future ◽  
Differentiated Integration ◽  
Treaty Of Amsterdam ◽  
The Eu

Abstract Initially, before the entry into force of the Maastricht Treaty, differences in integration between members of the European Communities (EC; later the European Union) were relatively few and usually temporary in nature. The Schengen Agreement, the Maastricht Treaty and the Treaty of Amsterdam, and the possibility of establishing enhanced cooperation meant that the problem was becoming more and more important in the functioning of the EU—both in theory and in practice. The objective of the paper is to show that for several years, along with the stagnation in the deepening of integration between all the EU Member States, differentiation of integration in the EU is progressing very rapidly. The progressing differentiation in the EU is a consequence of mainly two processes: the development of enhanced cooperation and reforms in the eurozone, which are strengthened by the widening of the EU. The article covers the issue of the categorization of differentiation of European Union integration, which constitutes the theoretical framework for further considerations. Specified processes which contribute to increasing the differentiation of the EU are discussed, showing the development of enhanced cooperation in the EU and presenting the reforms of the eurozone. The article concludes with the identification and the consequences of differentiated integration, both those that have already occurred and those that may occur in the future.

scholarly journals Favourable and unfavourable aspects in the process of small enterprise establishment in the Czech Republic

2012 ◽  
Vol 48 (No. 11) ◽  
pp. 481-484
Author(s):  
R. Werner ◽  
R. Zuzák
Keyword(s):  
Czech Republic ◽  
Eu Enlargement ◽  
Small Enterprise ◽  
Small Enterprises ◽  
The European Union ◽  
Member States ◽  
New Members ◽  
The Czech Republic ◽  
Migration Flows ◽  
The Eu

Countries associated in the European Union pay great attention to the development of small and medium-sized enterprises. At the same time, however, the member states are concerned that following the EU enlargement strong migration flows on the part of new members are likely to occur. Therefore, it is in the interests of the member states to learn whether the citizens of candidate countries are internally motivated to run their own businesses and whether suitable conditions have been created, i. e. whether there are any factors negatively affecting the establishment of small enterprises. To this end, an extensive survey was carried out in the Czech Republic aimed at the above mentioned issues and at identifying favourable and unfavourable factors in the process of small enterprise establishment in transition economies, using the Czech Republic as an example. 

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.

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

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

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.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

The preliminary ruling procedure at the court of justice of the European Union and transformation of European anti-discrimination law

2020 ◽  
Vol 2020 (3) ◽  
pp. 66-72
Author(s):  
Elena Sorokina
Keyword(s):  
Legal System ◽  
Essential Feature ◽  
Preliminary Ruling ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
Protection Of Human Rights ◽  
The Eu

The preliminary ruling procedure is an essential feature of the EU legal system, which is a unique cooperation tool as part of the dialogue between the Court of Justice of the EU and national courts of the Member States. Its main purpose is to ensure uniform interpretation and application of the provisions of EU law with all Member States and to preserve the uniformity of the European legal system. The continuous use by national courts of the Member States of the mechanism of preliminary ruling and constructive inter-judicial cooperation, the Court of Justice has developed an extremely extensive case law on the prohibition of discrimination and with the result to introduce substantial changes in European anti-discrimination law.The preliminary rulings of the Court of Justice have shown its inclination to expand notions of what constitutes discrimination and in most cases the Court prompt by the desire to interpret the provisions of European law so as to ensure the full effectiveness of the law, as well as a willingness to promote and strengthen protection against discrimination in Europe. While the protection against discrimination on some grounds is stronger than others, however, the preliminary rulings of the Court of Justice are important contribution to the transformation of anti-discrimination law, promote change in the national legislation of the Member States and provide the more effective protection of human rights in general.

Social Investment as a Policy Platform

2017 ◽  
Author(s):  
Frank Vandenbroucke
Keyword(s):  
Social World ◽  
The European Union ◽  
Social Investment ◽  
Education Spending ◽  
Overlapping Consensus ◽  
Member States ◽  
Policy Perspective ◽  
The Social ◽  
Broad Consensus ◽  
The Eu

This contribution argues for a truly reciprocal social investment pact for Europe: member states should be committed to policies that respond to the need for social investment; simultaneously, member states’ efforts in this direction—notably efforts by those in a difficult budgetary context—should be supported in a tangible way. Social investment is a policy perspective that should be based on a broad consensus between people who may entertain certain disagreements regarding the level of their empirical and/or normative understanding of the social world. For that reason, the expression of an ‘overlapping consensus’ is used for delineating social investment advocacy. Data on education spending show that we are far removed from a social investment perspective at the European Union (EU) level. This underscores the fact that social investment advocates need to clearly consider the role the EU has to play in social investment progress.

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