The EU and the Proliferation of Integration Principles under the Lisbon Treaty PDF Download

Author: Francesca Ippolito
Publisher: Routledge
ISBN: 1351839373
Category : Law
Languages : en
Pages : 196

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Book Description
The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

Author: K. Dyson
Publisher: Springer
ISBN: 0230289525
Category : Political Science
Languages : en
Pages : 406

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Book Description
The Euro Area, the Schengen Area, and Airbus - the 'Anglosphere', the Franco-German 'motor' and Nordic cooperation – each illustrates how differentiation has become a pervasive feature of European integration. Which Europe? offers an authoritative and comprehensive examination of differentiated integration in its functional and its territorial aspects. It focuses on its implications for both the practice and the theory of European integration. Is it strengthening or weakening the EU and its Member States? Are territorial identities being undermined or strengthened? Are new theories of integration required? In particular, this book looks at the relationship between the growth in use of differentiated integration and the widening of European Union membership, the broadening in its policy scope, and the deepening in integration.

Author: Carlo Spagnolo
Publisher: Cambridge Scholars Publishing
ISBN: 1527565548
Category : Political Science
Languages : en
Pages : 450

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Book Description
European integration has long defied previous notions of state sovereignty and has since the days of the Coal and Steel Community been conferred with original supranational instruments. Yet the Treaty of Rome did not raise the same popular reactions as the Maastricht Treaty about the infringement of national sovereignty. This book suggests that the end of the Cold War has modified the functions of European integration so that the original ideals of integration have lost part of their appeal; hence the birth of the European Union can be regarded as an attempt to seek a new legitimacy. How far did the EU Treaty meet this unprecedented challenge? This book argues that the Maastricht Treaty established a constitutional framework for a new kind of polity without resolving the issue of its purpose and scope. The volume seeks thus to explain some of the reasons for the defeat of the Constitutional Treaty in 2005 dating them back to the Maastricht Treaty. In so doing, the book links the actual state of European integration with the decisions taken at Maastricht in five different realms of supranational policy-making. The first is the constitutional setting of the EU Treaty and its effect on national constitutional law; the second is the concept of governance and the changes introduced by the Economic and Monetary Union; the third is the historical background of the Maastricht agreement; the fourth the political economy of the Economic and Monetary Union; the fifth is the impact of European citizenship in the recent case-law of the European Court of Justice and the prospects of a EU politicisation. The book puts in perspective the solutions to the recent stalemate of the European integration process offered by the Lisbon Treaty.

Author: Beate Sjåfjell
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
What is the role of supranational law in making national law disciplines such as company law comply with and work towards objectives and principles of international treaties? In international law and politics, there is a growing recognition of sustainable development as an all-important objective and a general principle of international law. Sustainable development has a strong legal position among the ultimate objectives of the European Union, underpinned by the growing recognition in the EU of the inextricable entity of humanity, our natural environment and our economic system. In the search for the balancing that this goal requires within the nonnegotiable limits of our planet, the principle of sustainable development is the key. This principle requires the integration of environmental protection requirements in all areas, with the aim of achieving a sustainable development. The threat of climate change accentuates the necessity of recognising and respecting the ecological limits within which all social and economic development must take place. The principle of sustainable development is codified, following the changes made by the Lisbon Treaty, in an enhanced version of the rule, now enacted in Article 11 of the Treaty on the Functioning of the European Union. In practice, however, on national, supranational and international level, actions speak louder than words. In practice the focus is on economic growth and efficiency in a narrow and short-term sense, leading to environmental degradation, loss of biodiversity and dangerous climate change. Although progress is made in some areas, the regulation of companies, these all-important components of our economies, is to a great extent shielded. Talk about voluntary corporate social responsibility seems to be the closest law-makers dare to get to regulating these entities, without which we cannot hope to achieve the overarching global goal of a sustainable development. Modern company law is often seen as matter of private law only, seeking efficient regulation of an instrument perceived to have as its only goal the profit-maximisation of shareholders. The fundamental freedoms of EU law are seen by some as an argument in favour of such a narrowing of the scope of company law and for restricting the room for encompassing other interests. EU law is, however, not just about free movement and market integration. On a Treaty level, the general objectives of the EU have a strong legal significance, and the codification of the principle of sustainable development entails an all-encompassing legal duty to integrate environmental protection requirements in the policies and activities of the Union. What does this entail for the EU institutions and for the Member States, and specifically for the regulation of companies - and what is the broader, global significance? In a tentative answer to these questions, this paper first introduces sustainable development as an EU law objective, principle and rule (Section 2). The argument is presented that particularly the codification of the sustainable development principle in Article 11 TFEU has significant legal implications for the institutions of the European Union (Section 3), entailing direct obligations on all levels: Law-making, administration, supervision and judicial control (Section 4). For EU company law, this requires a whole new approach. The implications for the Member States are rather more indirect, but nevertheless highly relevant, influencing the interpretation, implementation and application of EU law; the justification of Member State initiatives that restrict free movement; entailing a possible duty to act to promote overarching objectives under certain circumstances, and perhaps also indicating a coming general principle of sustainable development on Member State level (Section 5). The paper thereby shows how EU Treaty law, taken seriously, may be used as a tool to ensure that EU law itself and the national laws of its Member States truly work towards a global, sustainable development. The paper concludes with some reflections on how EU law already may be influencing national law also beyond the scope of the direct requirements for EU law implementation in national legislation, and how this could impact on both national law and international law (Section 6).

Author: Konstanty Adam Wojtaszczyk
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832582711
Category : Political Science
Languages : en
Pages : 486

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Book Description
The monographs ‘European Integration: Conditions, Essence and Consequences’ and its follow-up ‘The Future of the European Union’ were compiled in the course of the project ‘Quo vadis Unio? a racja stanu Polski’ under the DIALOG research programme between 2019 and 2023. They are the result of contributions by Europeanists, political scientists, lawyers, economists, cultural scholars and historians who study the issues of European integration. The content presented in both publications reflects the research outcomes and views of the individual authors. The first monograph was designed as an attempt to summarise the integration process within the European Union to date and its legal and institutional dimension. The monograph consists of four parts: ‘The State of European Integration’, ‘Selected Problems of European Integration’, ‘EU and National Concepts of Reforms of the European Union’ and ‘Theoretical Problems of Research on European Integration’. We hope that the issues discussed in the monograph will attract the interest of potential readers, especially academics and students involved in European studies, political science, economics, sociology, history, law and cultural studies. Insight into these issues may also be useful to government officials and NGO activists, as well as to a wide audience interested in European issues.

Author: Frank Schimmelfennig
Publisher: Oxford University Press
ISBN: 0192596330
Category : Political Science
Languages : en
Pages : 247

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Book Description
Differentiated integration has become a durable feature of the European Union and is 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 Eurozone crisis, the Brexit negotiations, and the integration of non-member states. Ever Looser Union? introduces differentiated integration as a legal instrument that European governments use regularly to overcome integration deadlock in EU treaty negotiations and legislation. Differentiated integration follows two main logics. 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.

Author: Paul Craig
Publisher: OUP Oxford
ISBN: 0191642819
Category : Law
Languages : en
Pages : 503

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Book Description
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty. This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.

Author: Ernst B. Haas
Publisher: Springer
ISBN: 9401192766
Category : Business & Economics
Languages : en
Pages : 151

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Book Description
by B. LANDHEER The Grotius Seminarium has as its purpose the study of international problems under the aspect of "living and cooperating in one world." Its Conference of May 30-June 2, I96I on "Limits and Problems of European integration" attempted to view European integration within the framework of this general goal as is somewhat implied in its title. "The limits of European integration" lie in the necessity of fitting it in the wider framework of international cooperation, while its problems lie in the various interpretations and concretizations of its own goals, ab out which there are a number of different viewpoints. It could be stated that the European is faced with three sets of problems: the creation of a more unified world as a global problem; the regional integration of Europe; and, thirdly, the continuation of more strictly national interests. It is not justified to assume that these three circles of interest are automatically complementary: they are often antagonistic, and a "philosophy of integration" would have to arrive at a structural presentation of those various values and of tbeir interrelatedness. While it is obviously not possible for a small Conference to give those problems their full weight, it is nevertheless hoped that the essays combined in this volume raise a number of relevant questions and contribute to the elaboration of some more concrete problems.

Author: Martin Westlake
Publisher: Routledge
ISBN: 1134702485
Category : Political Science
Languages : en
Pages : 309

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Book Description
Introduced with a preface by Jacques Delors, this volume offers new insights and develops generalised theories about the nature of European integration. The contributors step back from the detail of the latest intergovernmental conference and budgetary negotiations to generate conclusions of enduring value. The issues dealt with include the following: * Britain and integration * intergovernmental conferences * the rule of law * making foreign policy work * the democratic deficit.

Author: F. Schioppa
Publisher: Springer
ISBN: 0230524354
Category : Business & Economics
Languages : en
Pages : 257

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Book Description
Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.