scholarly journals Brexit and the Future of EU Politics

2019 ◽  
Keyword(s):  
Security Policy ◽  
Fundamental Rights ◽  
Social Rights ◽  
Financial Policies ◽  
The Future ◽  
Differentiated Integration ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Uk ◽  
The Eu

As the end of the Brexit process is still not in sight, the consequences of the UK’s withdrawal from the EU—with or without an agreement—are difficult to assess. This volume aims at an interim assessment of Brexit, from basic questions of sovereignty, which Brexiteers seem to be striving to recover, models of differentiated integration and the protection of fundamental rights, to the principle of democracy, which seems to be being challenged in different ways. How has the internal market been affected by Brexit? How have citizens’ social rights as developed by the ECJ been affected? What impact has Brexit had on the control of immigration in the UK? All this is dealt with in part II of this anthology. Its last part is devoted to monetary and financial policies, as well as to the Common Foreign and Security Policy, a policy that is only subject to supranational discipline in part and in which the UK, nevertheless, plays an important role—and may continue to do so in the future. A great deal looks different today than one may have expected prior to the 2016 referendum.

scholarly journals The UK and EU Foreign, Security and Defence Policy after Brexit: Integrated, Associated or Detached?

2016 ◽  
Vol 238 ◽  
pp. R43-R50 ◽  
Author(s):  
Richard G. Whitman
Keyword(s):  
Decision Making ◽  
Trade Policy ◽  
Security Policy ◽  
Costs And Benefits ◽  
Defence Policy ◽  
The Future ◽  
Foreign And Security Policy ◽  
Eu Policies ◽  
The Uk ◽  
The Eu

None of the existing models for the future trade policy relationship between the UK and the EU come with a predetermined foreign and security policy relationship. This article assesses how the future EU-UK foreign and security policy relationship might be organised post-Brexit. It provides evaluation of the current EU-UK interrelationship in the fields of the EU's Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) and assesses the degree to which the UK is presently integrated into EU decision-making and implementation. It highlights that the UK needs to determine the degree to which it wants autonomy or even divergence from existing EU policies. The article concludes by rehearsing the costs and benefits of three possible future relationships between the UK and EU foreign, security and defence policy: integrated, associated or detached.

12. The Institutional Architecture

2014 ◽  
pp. 199-230
Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker
Keyword(s):  
Decision Making ◽  
Security Policy ◽  
Legislative Procedures ◽  
Differentiated Integration ◽  
Foreign And Security Policy ◽  
The Common ◽  
Council Of Ministers ◽  
Committee Of The Regions ◽  
Institutional Architecture ◽  
The Eu

This chapter examines the pattern of European Union institutions and the formal rules that govern them. It first considers the Treaties that form the founding ‘constitutional’ documents of the EU, from the Treaty of Paris to the Treaty on Stability, Co-ordination and Governance in EMU, before turning to the main institutions involved in the processes of decision making, namely: the European Commission, the Council of Ministers, and the European Parliament, plus two consultative committees, the Economic and Social Committee and the Committee of the Regions. The chapter proceeds by analysing the Union method of decision making, focusing on the budgetary and legislative procedures, as well as the process on the Common Foreign and Security Policy. It also discusses the implementation of EU decisions once they have been made and concludes with some reflections on the post-Lisbon institutional architecture of the EU, including differentiated integration.

12. Human Rights in the EU

EU Law ◽  
2020 ◽  
pp. 430-480
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
Member States ◽  
Political Conditionality ◽  
Development Policies ◽  
Foreign And Security Policy ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.

12. Human Rights in the EU

EU Law ◽  
2020 ◽  
pp. 414-462
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
Member States ◽  
Political Conditionality ◽  
Development Policies ◽  
Foreign And Security Policy ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.

scholarly journals Differentiated integration and EU–Turkey relations: A chance for cooperation in foreign and security policies?

2019 ◽  
Vol 72 (1) ◽  
pp. 175-196
Author(s):  
Adam Szymański
Keyword(s):  
Security Policy ◽  
Functional Model ◽  
Institutional Framework ◽  
Security Policies ◽  
New Model ◽  
Differentiated Integration ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu ◽  
Academic Debate

The academic debate includes the functional model of differentiated integration in the EU–Turkey relations, which would mean the involvement of this state in the EU institutional framework and policies. The aim of the article is to analyse the inclusion of Turkey into the Common Foreign and Security Policy of the EU. It addresses the following questions: Is this policy a possible component of the new model of the EU–Turkey relations? What would be the potential areas of developed cooperation within this policy? Would it be possible for Turkey and the EU members to cooperate in the common neighbourhood? The author argues that the integration of Turkey into the EU foreign and security policy within the new model and as a result its cooperation with the EU countries within the common institutional framework would be possible only if the preferences and interests of the European Commission, EU members and Turkey are recognized sufficiently in the negotiated arrangement, which is currently highly problematic due to frequent contradictions between these preferences and interests, making the necessary compromise very difficult.

Small steps towards a comprehensive approach after Lisbon

2018 ◽  
Vol 9 (1) ◽  
pp. 109-137
Author(s):  
Elodie Sellier
Keyword(s):  
Security Policy ◽  
Implementation Process ◽  
External Action ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
Foreign And Security Policy ◽  
The Common ◽  
Criminal Matters ◽  
Institutional Architecture ◽  
Judicial Remedies

This article examines the changes brought about by the Lisbon Treaty (LT) in the overall institutional architecture of the European Union’s Common Foreign and Security Policy (CFSP), alongside their impact on the operation of the internal–external nexus in counterterrorism (CT) policies. It argues that the inclusion of CFSP actors in the making and implementation process of CT policies eased the legal, institutional and policy boundaries between the CFSP and the field of Justice and Home Affairs (JHA). This is despite the specific status granted to the CFSP in the Treaties, the former remaining subject to intergovernmental procedures and unanimity in decision-making, even after the strides towards the ‘communautarization’ of policies achieved by the LT, in Police and Judicial Cooperation in Criminal Matters in particular. Central to the analysis is the interplay and division of competences between ‘new’ CFSP actors endowed with a coherence mandate, such as the European External Action Service and the upgraded office of High Representative, and ‘old’, pre-Lisbon, CT actors, JHA structures and member states in particular. This article finds that the involvement of the CFSP and more particularly its defence component, that is, the Common Defence and Security Policy, to realize CT objectives ‘affected’ the very content of foreign and security policies and heralded a process of ‘judiciarization’ of CSDP missions deployed in third countries resulting from the integration of criminal justice and law components in their mandate. The article concludes that the ensuing blurring of frontiers between the realms of CSDP and JHA raises fundamental rights concerns as to the judicial remedies available to individuals suspected or accused of terrorist activities.

11. Human Rights in the EU

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Fundamental Rights ◽  
Member States ◽  
Political Conditionality ◽  
Development Policies ◽  
Foreign And Security Policy ◽  
Community Legal Order ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy.

1. An Overview

2017 ◽  
Author(s):  
Helen Wallace ◽  
Mark A. Pollack ◽  
Alasdair R. Young
Keyword(s):  
Policy Making ◽  
Security Policy ◽  
The European Union ◽  
Public Authorities ◽  
Sixth Edition ◽  
Eu Policy ◽  
Foreign And Security Policy ◽  
The Common ◽  
Analytical Approaches ◽  
The Eu

This text examines the processes that produce policies in the European Union — that is, the decisions (or non-decisions) by EU public authorities facing choices between alternative courses of public action. It considers the broad contours of the EU policy-making process and relevant analytical approaches for understanding that process. It includes case studies dealing with the main policy domains in which the EU dimension is significant, including competition policy, the common agricultural policy (CAP), the economic and monetary union (EMU), enlargement, common foreign and security policy (CFSP), justice and home affairs (JHA), and energy and social policy. This chapter discusses the significant developments that have impacted EU policy-making since the sixth edition, summarizes the text’s collective approach to understanding policy-making in the EU, and provides an overview of the chapters that follow.

Parlamentarische Kontrolle durch Vernetzung? Eine kritische Analyse der Rolle der Interparlamentarischen Konferenz für die GASP/GSVP

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 118-133
Author(s):  
Daniel Schade
Keyword(s):  
Policy Making ◽  
Security Policy ◽  
Value Added ◽  
The European Union ◽  
National Parliaments ◽  
Defence Policy ◽  
Foreign And Security Policy ◽  
The Common ◽  
Set Up ◽  
The Eu

The Interparliamentary Conference for the Common Foreign and Security Policy and the Common Security and Defence Policy (IPC) is a new parliamentary body set up after the Treaty of Lisbon which allows to create interlinkages between parliaments in the European Union (EU). It is part of an ongoing process which aims to challenge the executive dominance in EU policy-making in general and in the EU’s foreign and security policy in particular. Considering its sessions and the experiences of members of parliaments partaking in the Interparliamentary Conference to date, this article analyses its value-added to this overarching goal. The experiences so far suggest that the IPC faces significant practical challenges in contributing to the parliamentary scrutiny of the policy areas concerned despite the fact that the format of interparliamentary gatherings is a significant innovation in its own right. These challenges arise primarily out of a conflict between the European Parliament and national parliaments in the EU, the diversity of national parliamentarism, as well as the differing moti⁠v­a⁠tions and skills of the participating members of parliaments.

The Jurisdiction of the European Court of Justice in Respect of the Common Foreign and Security Policy

2006 ◽  
Vol 55 (1) ◽  
pp. 77-120 ◽  
Author(s):  
Maria-Gisella Garbagnati Ketvel
Keyword(s):  
Security Policy ◽  
European Court Of Justice ◽  
Judicial Control ◽  
Court Of Justice ◽  
Legal Remedy ◽  
European Court ◽  
Foreign And Security Policy ◽  
The Common ◽  
Limited Scope ◽  
The Eu

The purpose of this article is to consider the scope of the jurisdiction of the European Court of Justice in the field of the Common Foreign and Security Policy, as set out in the Treaty on European Union. Pursuant to Article 46 TEU, the ECJ has virtually no competence over foreign policy and security matters—although some limited scope for judicial supervision may be derived from the combined effect of this provision with Article 47 TEU, which prevents encroachment by EU law on Community competence, with respect both to reviewing the choice of legal basis and to determining any violations of EC policy-making procedures. It is submitted that the absence of judicial control over the exercise of powers by the Union and its Member States in this area of potentially sensitive action does not guarantee the preservation of the institutional balance established by the EU Treaty. It may also prove incompatible for individuals to have a legal remedy in the event of a breach of directly effective CFSP provisions.

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