European Union Treaty Research Articles

Challenging Italian centralism through the vertical shift of competences to the subnational and supranational levels

This article shows that even though the high hopes of Italy’s most radical federalist advocates were largely dashed as the country remains a regionalised state within a less-than-federal European Union (EU), there have in fact been changes in the vertical allocation of competences since the early 1990s. The article maps these transformations in Italian democracy by tracing the formal transfer of national powers to subnational and EU levels. In addition, it portrays the driving forces behind this competence shift and discusses other outcomes of the process besides the changes in the Italian Constitution and EU Treaties. It concludes that central institutions have only adapted partially and incrementally to this formal transfer of powers.

The challenges for public policy of adjusting to a multi-platform environment

The pace of change in the media business has steadily accelerated in the digital era and the sector is now evolving at a speed which may outstrip regulators’ efforts to keep up. Yet legislation which governs the sector appears to be changing less rapidly than was the case in the early 1990s, with many key European Union (EU) directives around 20 years old. The European Commission’s long internal discussion about whether to revise its copyright rules are a case in point. Possible reasons for this legislative caution include changes to the EU Treaty and more working-level reforms which add time and complexity to the task of policy-making. Regulators may be able to avoid acting in some areas where the existing framework provides adequate flexibility and in other cases the issues may no longer be relevant. But the digital era will continue to produce new issues and inactivity will not be an option for all dossiers. The Commission has experimented with shifting from directives to regulations, which would speed up the process of change, but has met resistance from Member States. A return to first principles and giving Member States more leeway to account for cultural and market differences may break the deadlock.

Geiger, Rudolf/Khan, Daniel-Erasmus/Kotzur, Markus (eds.), European Union Treaties. A Commentary. Treaty on European Union, Treaty on the Functioning of the European Union, Charter of Fundamental Rights of the European Union

Geiger, Rudolf/Khan, Daniel-Erasmus/Kotzur, Markus (eds.), European Union Treaties. A Commentary. Treaty on European Union, Treaty on the Functioning of the European Union, Charter of Fundamental Rights of the European Union

Democracy in the European Union: What has the Court of Justice to Say?

This article examines how the core European Union Treaties and the Court of Justice of the European Union have sought to give effect to the principle of democracy within the European Union legal order. It explains that the complexity of the legislative procedure, with its checks and balances between the relevant European Union institutions, is a reflection of the need to ensure effective participation by all of them. The three main institutions of the European Union, namely the Parliament, the Council, and the Commission, represent different legitimate interests which do not always coincide. The fact that European Union legislation is multilingual and often expressed in broad terms presents its own particular challenges to the Court of Justice of the European Union when it is asked to interpret that legislation. For its part, the Court of Justice of the European Union is sensitive to the wishes of the legislature, and therefore has been willing to modify previous case law based solely on the Treaties where the legislature has subsequently signalled its intention to apply the relevant Treaty provisions in a different manner.

Calling European Union Treaty Referendums: Electoral and Institutional Politics

Many European integration treaties – most notably the failed Constitutional Treaty – have faced ratification by referendum in various member states. Although the literature on voting behaviour in these referendums in now well established, the reasons why these referendums were held in the first place is under-scrutinised. This article examines the reasons EU member states decide to call referendums in order to ratify EU treaties and argues that they do so primarily as a result of domestic political pressure arising from three sources: electoral pressure when the EU is unpopular and elections are close, rules governing the use of referendums, and domestic institutional veto players. This theory is tested using a combination of single and multi-level logistic regression analysis, which finds support for the hypotheses developed here.

Energy retrofit of historic and existing buildings. The legislative and regulatory point of view

The building sector is one of the key consumers of energy in Europe; consequently, European Union has enacted several directives dealing, directly and indirectly, with energy efficiency in building aiming to reduce the buildings energy use. Those directives, while dealing with existing buildings, do not take care of the Architectural Heritage in a specific uniform way adopting the derogation regime: exceptions are available at the national level to exclude from their application buildings listed in the Architectural Heritage as historic buildings. Thus any country can adopt its own rules to include or exclude buildings from respecting the energy efficiency requirements for existing buildings. Consequently, up to now no general rules, codes and standards are available for energy retrofit of historical and architectural valuable buildings. On the other side, no international act, in the field Architectural Heritage conservation, deals with energy and energy retrofit. Furthermore, the European Union Treaty does not comprise the Cultural Heritage as matter of European legislation. Thus to cover this gap between historic/historical building and energy retrofit a lobbying action is needed, managed by the national Cultural Heritage authorities, which can steers EU policy in a more effective way towards energy retrofit of historic/historical buildings.

Euro, Cost Benefit Or

The first attempt to outline a path of economic and monetary union in three stages over a period of ten years, begins in 1970 with the report WERNER 1. However, this initial project did not come to fruition as a result of strong tensions that describes exchange currencies in international markets after the collapse of the Bretton Woods system in the early 70s, as well as the economic recession caused by the oil crisis in 1973. To cope with this situation fragile and unstable, nine member states of the EEC in 1979 created the European Monetary System (EMS), which basically was the mechanism of the exchange rate (MCR). This mechanism is provided for these 9 countries currencies, the determination of an exchange rate regime fixed, but adjustable. The idea of EMU will rejuvenate the Single European Act in 1986, which created a common market. This milestone also brought the conviction that the full benefits of the common market only if it can yield the participating countries will st use a single currency. In 1988, the European Council Delors Committee appointed to examine the possibilities and avenues for the creation of Economic and Monetary Union (EMU). A year later, the Delors Report will open the way to negotiations on the European Union Treaty, which created the European Union (EU) and thought the Treaty establishing the European Community. Otherwise known as the Maastricht Treaty, because the town where it was signed in February 1992, the Treaty of the European Union came into force on 1 November 1993. Road to EMU in Europe passed through three stages: The first phase (1990-1993) was characterized by the establishment of a common European market through the removal of all internal barriers to the free movement of persons, goods, capital and services within Europe. The second phase (1994-1998) began with the creation of the European Monetary Institute and focused mostly on the technical preparations for the European common currency, to avoid higher deficits and convergence of economic and monetary policies of the Member States (for sigruar price stability and sound public finances). The third phase began on January 1, 1999, with the irrevocable fixing of exchange rates, the transfer of powers of monetary policy to the European Central Bank (ECB) and the use of the euro as a single currency. On 1 January 2002, euro banknotes and coins were put into circulation in the participating countries and the end of February 2002 national banknotes and coins are no longer legal tender rejoiced. Today, after almost 12 years in circulation casting the single European currency and after the economic crisis of the euro area, which appeared in all its forms naturally arises: Euro has brought more costs or benefits? So, this paper aims to bring an analysis of the costs and benefits of the common currency Euro. DOI: 10.5901/ajis.2014.v3n6p67

Evaluation of Turkish Corporate Tax Law under the Principle of Freedom of Establishment

Corporate tax law has been closely related to the principle of freedom of establishment. Because European Union (EU) Member States have declined to resign sovereignty in the field of direct taxation, harmonization progress in corporate taxation in the EU has been slow. Although EU treaties, regulations, and directives are all measures of positive integration, case law of the Court of Justice of the European Union (CJEU) declaring national tax measures incompatible with primary EU law is that of negative integration. This paper discusses the corporation tax field and its' many important decisions within the principle of freedom of establishment and what affects these decisions have on Member States' corporate tax law. This article demonstrates Turkey's significant efforts to fulfil requested accession criteria concerning economic and tax legislation with the EU in light of CJEU's case law.

Fantasies of subjugation: a discourse theoretical account of British policy on the European Union

The decision by the UK government to hold a referendum on Britain’s membership of the European Union (EU) marks an important development in policy towards the EU. Policy changes of this kind must be understood in the historical and political context in which they occur. This includes the framing of the policy issues within public discourse. In the UK, policies are formed in a discursive environment which is overwhelmingly hostile towards the EU. Debates are structured by a predominantly Euroskeptic discourse which emphasizes the UK’s separation and heterogeneity from the rest of the EU. Drawing on the logics of critical explanation, this article examines the structure and affective power of Euroskeptic discourses which dictate the terms of the EU debate. It presents a case study of the recent EU treaty revision process, culminating in the Treaty of Lisbon. In so doing, it enables a deeper understanding of recent policy developments.

Safety and security: The influence of 9/11 to the EU framework for air carriers and aircraft operators

Safety and security have always been two key objectives behind policies and innovation within the air transport industry, at international, European and individual government levels. The management of risk is important in aviation and has always been a challenge to the industry. The events of 9/11 revealed that new policy measures and initiatives were needed, both to deal with the short-term market effects and also for the long-term development inline with the European Union Treaty. A key objective behind the establishment of the European Union has always been the objective to create an internal market, where barriers are removed and existing rules simplified, yet the air transport industry in Europe lacked the mechanisms to protect it from exposure to the events and effects of 9/11.This paper provides a unique view and understanding of the EU framework concerning safety and security in the aftermath of the terrorist attack. The paper considers commercial air operations and the insurance requirements for air carriers and aircraft operators, focusing on the development of the respective aviation liability and compensation framework. It analyses the insurance requirements for air carriers operating in the EU, as a result of Regulation 785/2004. An outline of the International dimension is also undertaken so as to contextualise the position of the European Union and the aspect of EU competence.The research is based upon a mixed method/interdisciplinary approach, predominately with the focus on a legal qualitative review.

Sincere Cooperation, Respect for Democracy and EU Citizenship: Sufficient to Guarantee Scotland's Future in the European Union?

The position of an independent Scotland within the European Union (EU) has recently been a subject of considerable debate. The European Commission has argued that any newly independent state formed from the territory of an existing Member State would require an Accession Treaty. This article critiques that official position and distinguishes between a set of claims that could be made on behalf of an independent Scottish state, and a set of claims that could be made on behalf of the citizens of an independent Scottish state vis-a-vis the EU. It argues that the general principles of the EU Treaties ought to govern how Scotland is treated, and that a new Accession Treaty is not necessary. Furthermore, notwithstanding the jurisprudence of the European Court of Justice (ECJ) in the area of EU citizenship, we conclude that EU citizenship itself is not sufficient to guarantee or generate membership of the EU.

The Fiscal Stability Treaty Referendum 2012

This report documents the Irish Fiscal Stability Treaty referendum campaign of 2012. Beginning with a brief economic background of the Eurozone crisis, it provides an outline of the main treaty provisions. It discusses the role of the Referendum Commission, documents the main campaign forces and compares their stances in previous European Union Treaty referendums in Ireland. The report considers the main campaign issues that dominated the referendum debate and provides a short account of public opinion. It concludes with an overview of the results and a note on some of the factors that may have accounted for the Yes side's victory in the campaign.

Forum Shopping between Luxembourg and Strasbourg?

On the 5th and 6th of May the European Court of Justice (ECJ) held a full Court hearing in Luxembourg concerning the agreement on the accession of the European Union (EU) to the European Convention on Human Rights (ECHR). All 28 EU member states and all three EU institutions involved (Commission, Parliament and Council) pleaded to declare the agreement to be in conformity with the EU Treaties. However, some judges pointed to Protocol No 16 and worried about a potential “forum shopping“ between Luxembourg and Strasbourg which could endanger the autonomy of the EU legal order. This short article examines the impacts of Protocol No 16 and potential limits for its use under EU law.

EU enlargement and differentiated integration: discrimination or equal treatment?

ABSTRACTWhat is the effect of European Union (EU) enlargement on differentiated integration? And is it driven by the relative bargaining power of old and new member states or by the equal or even preferential treatment of weaker candidates? This article analyses differentiation in EU treaty and secondary law across the EU's six enlargement rounds. It shows that exemptive differentiation privileging the new member states has been more frequent than discriminatory differentiation. Whereas there is some evidence that poorer new members suffer more strongly from discrimination, most of the variation in differentiation across new member states is explained by differences between enlargement rounds. In addition, the EU grants poorer candidates more time to fully adopt the EU acquis. The analysis suggests that bargaining between old and new member states over differentiation is constrained by the equal and even preferential treatment of weaker candidates.

The Silence of the Shepherds: How the Austrian Parliament Informs its Citizens on European Issues

Since the legislative and control functions of national parliaments have largely fallen prey to party politics in domestic as well as in European Union (EU) politics, the information function could be a last resort for the justification, explanation and communication of executive politics. National parliaments could provide the missing link between a national electorate and ever more supranationally acting executives. But the communication and information function can also be hampered, with parliamentary communication being perceived along the lines of government and opposition, or Europe being considered to be outside the area of national parliamentary responsibility. Focusing on the Austrian parliament, this study investigates the communication strategies of three different sets of actors: the parliament as an institution; parliamentary party groups; and individual MPs, and shows how these strategies have changed over time, notably in the context of the EU Treaty ratification debates.

Sovereignty, Article 4(2) TEU and the Respect of National Identities: Swinging the Balance of Power in Favour of the Member States?

The question of whether and to what extent sovereignty has been transferred to the European Union (EU) from iits Member States remains a central debate within the EU and is interlinked with issues such as Kornperenz-Kompetenz, direct effect, and primacy. Central to any daim to sovereignty is me principle of primacy, which requires that Member States uphold EU law over nacional law where there is a conflict. However, Iimitations to primacy can traditionally be found in national jurisprudence and the Maastricht Treaty introduced a possible EU limitation with the requirement that the EU respect me national identities of Member States. The Lisbon Treaty provided only minimal further support to the principIe of primacy whilst simultaneously developing the provision on national identities, now found within Article 4(2) of the Treaty of European Union (TEU). There are indications from the literature, national constitutional courts, and me Court of ]ustice of the EU (CJEU) that the provision is gathering strength as a legal tool and is likely to have a wider scope than me texr might indicate. In its new role, Article 4(2) TEU bolsters the Member States' daim to sovereignty and the possibility to uphold aspects crucial to them in conflict with EU law and the principIe of primacy. Consequendy, it is central to the relationship between the constitutional courts of the Member States and the C]EU, and where the final elements of control remain in 'hard cases'. However, it does so as part of EU law, thereby facilitating me evasion of direcr fundamental conflicts and reflecting the concept of constirutional pluralismo

Instrumental and Constitutional Differentiation in the European Union

AbstractDifferentiation has become a salient feature of European integration. Yet systematic empirical evidence is lacking about its origins, duration and variation across countries and policies. This article provides such evidence from a new data set on differentiation in European Union treaty law. In addition, it is argued that two logics of treaty‐based differentiation are at work. ‘Instrumental differentiation’ originates in enlargement and is motivated by efficiency and distributional concerns. ‘Constitutional differentiation’ has its origins in treaty revisions and is motivated by concerns about national sovereignty and identity. It is driven by Eurosceptic Member States that are opposed ideologically, or fear popular resistance, to the supranational centralization of core state powers.

Territorial Cohesion and Subsidiarity under the European Union Treaties: A Critique of the ‘Territorialism’ Underlying

Faludi A. Territorial cohesion and subsidiarity under the European Union treaties: a critique of the ‘territorialism’ underlying, Regional Studies. The European Union competence for territorial cohesion is subject to the subsidiarity principle regulating relations between authorities at various levels, each concerned with a fixed space. The literature describes the underlying view as ‘territorialism’. In reality space is relative and each area the point of intersection of numerous configurations. Therefore, territorial authorities cannot deal with all aspects of territorial cohesion, nor can territorial representation be the only source of legitimacy. By enforcing the assumption that decisions by representative bodies as close as possible to citizens safeguard democratic legitimacy, subsidiarity is therefore a stumbling block in the pursuit of territorial cohesion.

The emerging EU quality of care policy: From sharing information to enforcement

Despite the fact that Member States and many citizens of the EU like to keep healthcare a foremost national competence and the EU treaties state that Member States remain primarily responsible for the organization and delivery of health care services, the European Union (EU) has expanded its involvement in healthcare policy over the last twenty years. Based on interviews and document and literature analysis we show that the scope of EU involvement has widened from public health and access to care, to quality of care. In this paper we concentrate on the latter. Focusing on the recent EU initiatives regarding the quality systems of the Member States and the quality of services, this paper shows how the depth of EU interference has increased from sharing information to standardization and even to the first signs of enforcement. We argue that at this stage, reflection on the feasibility and desirability of the EU's involvement is clearly needed, also considering the differences in quality of care policies between and within EU Member States. Both arguments in favour and against further EU involvement are discussed in this paper.

Protecting Recognized Geneva Convention Refugees outside their States of Asylum

This article highlights the predicament of persons recognized as refugees according to the Convention Relating to the Status of Refugees (CSR1951 refugees) when they travel outside their state of asylum. Their status entails ipso facto that, if they are ill-treated abroad, they cannot turn to representatives of their state of nationality and request its diplomatic protection, nor can they expect to receive its consular assistance. It is submitted that a state of asylum ought to extend the scope of protection that it offers CSR1951 refugees residing in its territory, and provide them diplomatic protection and consular assistance when they travel abroad as if they were its nationals. Four claims are advanced in support of this contention: First: the advent of human rights treaties has not rendered obsolete the protection of nationals abroad nor has the practice fallen into disuse. On the contrary, protection abroad retains its pedigree and significance, as is illustrated by the recently adopted International Law Commission's Draft Articles on Diplomatic Protection and by frequent resort to consular assistance. Second: while states previously enjoyed unfettered discretion concerning whether and when to protect their nationals abroad, recent developments in domestic jurisdictions as well as in European Union (EU) treaties point to the potential emergence of a qualified duty to exercise state protection or to be willing to provide justifications for its refusal. These developments call particular attention to the vulnerability of CSR1951 refugees: the professed aim of the EU treaty regime is that EU citizens should enjoy effective state protection wherever they travel; by contrast, CSR1951 refugees are in need of state protection wherever they travel. Third: according to CSR1951, states of asylum are required to issue Convention Travel Documents (CTDs) to recognized refugees lawfully staying in their territory. While CTDs do not in of themselves authorize states of asylum to provide protection abroad to their CSR1951 refugees, they reflect partial recognition of the instrumental role of these states in facilitating safe refugee travel. Fourth: while the 'nationality of claims' requirement remains pivotal to the institution of diplomatic protection, and efforts to effectuate its general relaxation have thus far failed, the International Law Commission (ILC) has 'carved out' an exception authorizing states of asylum to provide protection abroad to their recognized refugees. The ILC's protection-enhancing agenda, reflecting progressive development of the law, is laudable, even though it has opted for a rather cautious approach.