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102. The Asymmetry of European Integration or why the EU cannot be a "Social Market Economy"
- Author:
- Fritz W. Scharpf
- Publication Date:
- 09-2009
- Content Type:
- Working Paper
- Institution:
- The Kolleg-Forschergruppe (KFG)
- Abstract:
- Judge-made law has played a crucial role in the process of European integration. In the vertical dimension, it has greatly reduced the range of autonomous policy choices in the member states, and it has helped to expand the reach of European competences. At the same time, however, “Integration through Law” does have a liberalizing and deregulatory impact on the socio-economic regimes of EU member states. This effect is generally compatible with the status quo in “Liberal Market Economies”, but it tends to undermine the institutions and policy legacies of Continental and Scandinavian “Social Market Economies”. Given the high consensus requirements of European legislation, this structural asymmetry cannot be corrected through political action at the European level.
- Topic:
- Economics, Markets, and Law
- Political Geography:
- Europe
103. Neighbourhood Europeanization through ENP: The Case of Ukraine
- Author:
- Andrea Gawrich, Inna Melnykovska, and Rainer Schweickert
- Publication Date:
- 08-2009
- Content Type:
- Working Paper
- Institution:
- The Kolleg-Forschergruppe (KFG)
- Abstract:
- We contribute to the literature of European Studies by introducing the approach of Neighbourhood Europeanization. Based on insights from Membership and Enlargement Europeanization, we reveal important inconsistencies of Neighbourhood Europeanization through the European Neighbourhood Policy (ENP) as well as a lack of robust empirical support for its effectiveness. We also define core dimensions and determinants of Neighbourhood Europeanization and implement this analytical framework for the case of Ukraine. Our analysis clearly demonstrates substantial asymmetries in the ENP for Ukraine across three dimensions we chose – democracy promotion, economic cooperation, and Justice and Home Affairs, which clearly reflect the inconsistency of the ENP concept, that is top-down formulation of EU interests combined with weak conditionality. However, our analysis shows that despite Ukraine's growing frustration because of the lack of a membership perspective, there is a lot of room for keeping up Ukraine's motivation for Europeanization reforms. Especially, widening and strengthening the linkage-mechanisms would allow to overcome ENP inconsistency and to improve the effectiveness of Neighborhood Europeanization.
- Topic:
- Democratization, Economics, Regional Cooperation, and Law
- Political Geography:
- Europe and Ukraine
104. Alternative to Silence: Whistleblower Protection in 10 European Countries
- Author:
- Craig Fagan and Anja Osterhaus
- Publication Date:
- 11-2008
- Content Type:
- Working Paper
- Institution:
- Transparency International
- Abstract:
- Whistleblowers play a vital role in exposing corruption, fraud and mismanagement and in preventing disasters that arise from negligence or wrongdoing. Prominent whistleblowers revealed the cover-up of SARS and other dangerous diseases that threatened millions of people in China; they disclosed corruption and nepotism in the European Commission and helped to avoid environmental hazards in the US.
- Topic:
- Corruption, Governance, and Law
- Political Geography:
- United States, China, and Europe
105. What Future for the Area of Freedom, Security and Justice? Recommendations on EU Migration and Borders Policies in a Globalising World
- Author:
- Didier Bigo, Sergio Carrera, and Elspeth Guild
- Publication Date:
- 03-2008
- Content Type:
- Policy Brief
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- The European Interest: Succeeding in the Age of Globalisation, COM(2007) 581 final, Brussels 3.10.2007, which states: “The EU is already working on many of the policy elements needed to equip it to take on the challenge of globalization with confidence…in the coming months, the Commission will be putting new ideas on the table to address these key challenges…Review of internal policies is already under way, aiming to reshape Europe to face gloablisation and give it the right platform to look beyond its borders.” Further the Communication identifies “Migration in a Globalized World” as one of the key political objectives and states: “In a Europe with no internal borders, the changing demands of an ageing society and a labour market in constant evolution have challenged established assumptions about immigration… a new global approach is needed so that migration strikes the right balance between the risk of labour market shortages, economic impacts, negative social consequences, integration policies and external policy objectives”. Information about the current financial Framework Programme on Solidarity and the Management of Migration Flows for the period 2007- 2013 and about the four Funds comprising it (European Refugee Fund, External Borders Fund, the European Return Fund and the European Integration Fund) can be found at See the original European Commission's proposal in the Communication on a framework programme on Solidarity and the Management of Migration Flows for the period.
- Topic:
- Human Rights, Migration, Immigration, and Law
- Political Geography:
- Europe and Brussels
106. Elaboration, study and dissemination of international law. Documents of the International Law Commission and the UN Commission on International Trade Law
- Publication Date:
- 09-2007
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- The strengthening of international law, as a comprehensive system regulating the most important spheres of international relations, takes place through its codification, progressive development and dissemination of knowledge about the law.
- Topic:
- International Law and Law
- Political Geography:
- Europe
107. Reasons for Supporting the EU Constitution
- Author:
- A. Füsun Arsava
- Publication Date:
- 03-2005
- Content Type:
- Journal Article
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- Although the founding treaties of the European Communities were not declared as the founding treaties of a legal community, they had the features of a constitution from the beginning onward. The constitutional features of the founding treaties were concrete facts especially regarding principles of state of law included in the treaties. But the order of law that stemmed from the current founding treaties was complex. That development came into being without the will of the European peoples. The ultimate goal of the EU Constitution today is to complete the process of constitutionalization with the contribution of European peoples. The more the constitution stresses upon the priority of law, democracy, fundamental rights, freedoms as constitutional principles and the more it shapes institutional structure on democratic foundations, the faster the constitutionalization process will be complete and the discussion about the legitimacy of the EU will come to an end. That will make the acceptance of the EU law beyond any doubt.
- Topic:
- Law
- Political Geography:
- Europe
108. Hierarchy of Norms in the Primer Law during the European Contitutionalisation Process
- Author:
- A. Füsun Arsava
- Publication Date:
- 06-2004
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- The discussion over the proposed derogations regarding the establishment of the United Cyprus Republic on the basis of Annan Plan and its EU membership has been the main motive in writing this paper. Since the acceptance of these derogations as secondary law stipulations could have resulted in a risk of annulment on the basis of their being in breach of primary EU law, some attention was paid to the possibility of accepting them as part of the accession agreement, thus rendering onto them primary law status. In connection with these discussions, this paper discusses the validity of derogations as primary law rules vis-à-vis founding treaties of the Union within the context of hierarchy of different norms in the EU legal system.
- Topic:
- Law
- Political Geography:
- Europe and Cyprus
109. Monitoring Minority Protection in EU Member States
- Publication Date:
- 07-2003
- Content Type:
- Special Report
- Institution:
- Open Society Foundations
- Abstract:
- These documents, prepared by the EU Accession Monitoring Program of the Open Society Institute, assess the state of minority protection in 10 Central and Eastern European states seeking full membership in the European Union and in five current member states. The reports examine candidate states' implementation of their minority protection or integration programmes, and each state's laws, institutions, and practices relating to minority protection of Roma or Muslims.
- Topic:
- Islam, Law, Minorities, European Union, Civil Rights, Institutions, Political Rights, and Freedom of Religion
- Political Geography:
- Europe and Eastern Europe