Field Of European Integration Research Articles

Правовые аспекты деятельности Европейской прокуратуры: предпосылки и правоприменение

The purpose of this study is to identify the causal relationship between the experience of European financial integration and the need to create a prosecutorial supervision body in the European Union (“EU”). In this regard, the task of the study is to study the totality of the legal framework governing public relations in the field of European integration, as well as the analysis of the EU legal act that established the European Public Prosecutor’s Office. Both general scientific methods and special methods, including the formal legal method, were used to solve the tasks set.
 The article examines the prerequisites for the creation of the European Prosecutor’s Office, expressed in the difficulties in the implementation of legal means to combat economic crisis phenomena in the financial and other spheres of the EU functioning. The authors note these problems and compare them with the competencies of the European Public Prosecutor’s Office. Considering the first results of the activities of the European Public Prosecutor’s Office, they indicate the distinctive features of the European Public Prosecutor’s Office from other EU bodies, which will ensure the achievement of the best results in matters of EU financial integration.
 In this regard, the study of this issue is needed for national prosecutorial supervision bodies when interacting with the European Public Prosecutor’s Office, as well as for the Eurasian Economic Union (“EAEU”) bodies regarding the possibility of creating a similar supranational body in the EAEU while continuing financial integration into the EAEU.

POST-WAR RECOVERY OF UKRAINE: REFORMS AND PUBLIC POLICY INITIATIVES

The article analyses the main directions of formation of the State policy on post-war re­construction of Ukraine, which consists in timely implementation of reforms and creation of conditions for their effective implementation. The author analyses the proposals for priority reforms and strategic initiatives reflected in the action plan for post-war recovery and develop­ment of Ukraine. It is established that the Recovery Plan in the field of European integration and public administration reform are cross-cutting, as they serve as the foundation and contrib­ute to the further promotion and implementation of all reforms in the country. It is established that among the problems that arise today within the framework of the European integration process are the following: policy development system - the lack of a legal framework that would regulate the entire process of policy analysis and development, and a prescribed strategy for its development. It is determined that the main aspects of public admin­istration reform should be the creation of a modern model of public authority to help ensure state security and law and order, territorial development in accordance with the principles of EU regional policy and the development of sectoral management mechanisms in accordance with the European principle of freedom, management of public affairs and provision of pub­lic services. It is noted that in order to implement the anti-corruption policy, it is appropriate not only to strengthen the regulatory and legal component, but also to involve civil society institutions in combating corruption, since they are mediated by the purpose of mediation be­tween the population and the State. Among the functions that civil society should perform in anti-corruption activities are: control of access to information, its truthfulness and openness, protection of the rights of certain social groups, and active interference in the activities of state bodies to stop corruption.

European Integration: Direction of Ukraine's Foreign Policy at the Present Stage

The article analyzes the peculiarities of foreign policy in the field of European integration in the conditions of military aggression, reveals such specific factors of the formation of this vector of foreign policy as the accelerated nature, the pressure of external circumstances, the declaration of intentions of the allies in the fight against the aggressor, and formulates the main recommendations for the natural and effective integration of Ukraine into the EU . The evolution and heredity of the European integration policy is analyzed, which indicates not forced integration in response to an external threat to national sovereignty and territorial integrity, but only its next stage. It has been proven that the favorable attitude of representatives of international organizations to the «accelerated procedure» of Ukraine's accession to the EU demonstrates the support of the world community, but does not mean a violation of the established rules and stages of this process. It was found that for the effectiveness of integration processes, a set of factors of the current socio-political situation should be taken into account, in particular, the competitiveness of the domestic economy, the attitude of the domestic and foreign public to the appropriate strategy in the international arena. National branding for the formation and implementation of a positive image of Ukraine in the world community, the development of a program to restore and stimulate the development of the domestic economy, and conducting information and explanatory work among the population regarding the potential benefits of integration into the EU are among the priority areas of state and political assistance for European integration.

Key dimensions of crises in the EU: contemporary aspects

Purpose. The aim of the article is to describe the main factors of crisis phenomena in the development of the European integration process. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. Transformation processes in the EU serve as a manifestation of global economic and information development. The crisis in the euro area was largely due to the peculiarities of its economic and institutional organization, in particular, the conditions for the free movement of capital and the lack of policy coordination in other sectors of the economy. Until now, measures in the field of economic governance in the EU have been largely ineffective due to their recommendatory nature and the lack of a legal obligation for EU Member States to comply with them. The crisis in the euro area and the EU in general has created favorable political conditions for deep institutional changes in the field of European integration. In particular, the dependence of EU countries on financial assistance from the ESM leads them to comply with the terms of the Fiscal Compact. At present, most EU political leaders consider deepening integration to be the key to securing the EU’s future economic growth and preventing future crises. In this context, the launch of a common fiscal policy is a significant step towards economic integration in the EU. Scientific novelty. The study found that most EU leaders are fully aware of the need for structural convergence, namely overcoming structural and cyclical differences among the economies of euro-area countries, as well as the main and secondary risks of divergence as a destructive phenomenon that can disrupt the established social, political, legal and economic order within the EU. Practical significance. Research materials can be used for comparative law studies.

Implementation of European Educational Programs in Context of Kazakhstan’s Policy in Field of Higher Education (1995-2018)

The issues of academic mobility and internationalization of universities of the Republic of Kazakhstan are considered through participation in educational programs of the European Union TEMPUS and ERASMUS+. The main stages of the implementation of European programs are identified, which correspond to the main principles and directions of the policy of Kazakhstan in the field of higher education. Particular attention is paid to Kazakhstan joining “the Bologna Club”. It is emphasized that the TEMPUS program contributed to the integration of the Higher Education system of Kazakhstan into the European Higher Education Area and the country's accession to the Bologna process. The fact that European programs contributed to the implementation of the basic parameters of the Bologna process aimed at internationalization is positively assessed. The data on the involvement of Kazakhstani universities in the educational programs of the European Union, aimed at increasing the international mobility of students and deepening research in the field of European integration, are analyzed. The problems that hinder the development of internationalization and the active participation in European programs are also touched upon. It is shown that Kazakhstan is the only country in Central Asia that is part of the European Higher Education Area and has a national strategy for the internationalization of all universities.

Spanish Trade Unions and European Integration: From the Democratic Transition to the Treaty of Maastricht (1973-1992)

The contribution of Spanish trade unions to the process of transition and consolidation of the Spanish democracy has been very much underestimated. The dominating historiographical interpretation has considered them as simple transmission belt of political parties. This general view has been extended to their role in the process of the adhesion of Spain to the European Economic Communities. In reality, Spanish trade unions had been Europeanised very early by their links to the European Trade Union Confederation (ETUC). This article explores the adhesion process to the ETUC, showing the progressive convergence between trade unions in the field of European integration, which started with the adhesion of Spain to the EEC from 1977 to 1985 and continued in their position towards the Treaty of Maastricht in 1992. The paper concludes that there has been a programmatic and strategic autonomy of Spanish trade unions from political parties in their agenda for European integration.

Formation and implementation of the State Policy in the sphere of European integration of Ukraine: problems and contradictions

The purpose of the article is to identify the problems and contradictions of the state policy in the sphere of European integration of Ukraine and to justify the ways of overcoming them in the current conditions.
 The main internal problem that hinders the European integration course of Ukraine, experts consider, first of all, inefficiency of the public administration system – insufficient level of competence of civil servants, excessive bureaucracy, unreformed and corrupt public administration system. The top five major internal problems also include: the situation in the Donbas (including both armed conflict and public sentiment), high levels of corruption in Ukrainian society, ineffective policy of informing the population about European integration, lack of consensus in the political and social issues.
 The opinion that aggression, pressure and all-out hindrance from Russia will be a major external challenge for Ukraine’s European course, is shared by all experts interviewed. Among the major external obstacles, experts also cite internal problems of the EU itself, opposition or waiting position on the part of some EU members who do not want to break their ties with Russia, as well as the lack of a unified position in the European Union regarding the European perspective of Ukraine and the EU enlargement in general. Experts consider that the most effective factor contributing to the increase of the support of European integration in Ukrainian society is the successful implementation of internal reforms and the positive effect of ordinary citizens on them.
 In today’s context, Ukraine’s accession to the EU remains a goal for which it is active in political, legal, economic and other spheres. Conclusions from this research and perspectives of future development in current area. At the present stage of social development the process of forming and implementing effective and effective state policy in the field of European integration is of particular importance. Ukraine’s accession to the EU is a long-term issue, which depends on both the effectiveness of internal reforms and the transformation processes in the EU. However, Ukraine already needs to insist on giving it a formal EU membership perspective.

Information and communication strategies of eurointegration in Ukraine

Information is a key aspect of the European integration process in Ukraine. Ukrainians support the Euro-integration course, but note that they haven’t enough information about the European Union, the existing European programs, the implementation of the Association Agreement, etc.The author identified the main stages of informational support for Euro-integration of Ukraine: a stage of discussion of the advantages of European integration and specific benefits of Ukraine; information pressure stage; a stage of increasing information anxiety and increasing tension in society; the stage of a sharp protest public information reaction of society; the stage of renewal of the course on European integration and strengthening of information and communication support.The analysis of target audiences shows that different socio-demographic groups in different ways have information about the peculiarities and nature of the relationship between Ukraine and the EU.The public authorities have primary responsibility for informing citizens about European integration, but they do not possess the methodological and practical tools of information campaigns. Therefore in the article analyzes the peculiarities of the mechanisms of informing in the Concept of realization of the state policy in the field of informing and establishing communication with the public on the urgent issues of European integration of Ukraine for the period until 2017 and the Strategy of Communication in the field of European integration for 2018–2021 years. These documents are the mechanism for the division of responsibility for conducting information policy on European integration (including financial) between public authorities and interested non-governmental organizations, international donors and business structures. In this regard, the role of public institutions whose task is to inform Ukraine’s European integration processes and work with different target groups, on the one hand, and the establishment of communication between government and civil society in the planning and implementation of information campaigns on European integration on the other, is increasing.The local authorities have sufficient tools to influence public opinion, but often ignore the issue of European integration. In addition, an important condition for the implementation of the Strategy at the regional level is the establishment of cooperation between local authorities and public organizations.

Strategic vectors of the адміністративно-правового providing of public policy are in the field of European integration of Ukraine

The article is devoted to the research of directions of administrative and legal support of the state policy in the field of European integration of Ukraine. On the basis of the study, the author clarifies the content of the categories of state policy and European integration of Ukraine; certain sources that determine the content and direction of state policy in the field of European integration of Ukraine; outlines directions of administrative and legal provision of state policy in the field of European integration of Ukraine.It is well-proven that European integration of Ukraine as sphere of public policy of Ukraine does not have permanent maintenance. Four groups of directions of public policy are distinguished in the field of European integration of Ukraine, that is provided due to the norms of administrative law: 1) directions that touch public relations in connection with providing of public power subjects, first of all, by public administration of rights, freedoms and legal interests of private persons in the field of realization of public policy in the field of European integration of Ukraine; 2) directions that touch public relations, in relation to the management of public and communal domain objects in the field of realization of public policy in the field of European integration of Ukraine; 3) directions that touch, that public relations that determine внутрішньоорганізаційну activity of public government bodies in relation to realization of public policy in the field of European integration of Ukraine; 4) directions that touch, that public relations in the field of co-operating of public government bodies with the institutes of civil society in relation to realization of public policy in the field of European integration of Ukraine.

Investigation of advantages of outsourcing of independent fiscal institutions in the countries of peripheral capitalism

The article shows that the periphery of Ukraine's development is determined by the imperfection of state institutions, including fiscal ones. It is established that the defects of fiscal institutions are related to the fact that the process of institutional transformation in Ukraine is under the excessive influence of the oligarchic and political elite and reflects primarily its interests. This creates a deficit of effective institutions serving the entire society, and not just its privileged part.In order to find ways to overcome this situation, the work summarized the world theory and practical experience of introducing fiscal institutions in developed countries and assessed the possibilities of their adaptation to the conditions of Ukraine.As a result of the research, it is found that outsourcing has advantages over other methods of implementing independent fiscal institutions in the economy of a peripheral country. It can become one of the tools to strengthen the economic soundness and transparency of fiscal policy, its reorientation to the interests of society.This is important for overcoming the periphery and direction of the vector of economic development of Ukraine towards the center. The introduction of independent financial institutions can contribute to the development of Ukraine in the dialogue field of European integration, strengthening of Ukraine's competitiveness and economic security of the European economy.

Cities and Regions in Competition? Negotiations for the 2014-2020 Programming Period in the Czech Republic

Over the past two decades, the concept ofmulti-level governance (MLG) has been increasinglydiscussed by scholars in the fi eld of Europeanintegration. While Gary Marks wrote abouta four-level arrangement (supranational, national,regional, and local), over time the regionaland local levels often became lumped togetheras ‘substate actors’ and so easily conceptuallyinterchangeable. This text, however, showsthe fallaciousness of this reasoning. In certaincircumstances we can fi nd a competitive relationshipbetween cities and regions, positioningthemselves against each other for resources andaccess to national and supranational fora, especiallyin the context of the new regionalism. Thecities have been given substantial support fromthe European Commission in recent years andwe argue that this new constellation may havea remarkable infl uence on relations and possiblyalso lead to confl icts among local and regionalactors in EU multi-level governance. This waspossible to be clearly seen in the Czech Republic(CR) between 2012 and 2014, when heatednegotiations took place regarding the implementationof the Integrated Territorial Investment(ITI), a fi nancial instrument of EU Cohesion Policywhich was implemented on the substate level– i.e., in cities and regions. In the CR this competitiontook place in a specifi c context, which alsoinfl uenced its outcome.

INTERMEDIATE RESULTS AND LIMITS OF HARMONIZATION OF DIRECT TAXES IN THE EUROPEAN UNION

УДК 347.9 The article is devoted to analysis of tax harmonization in the area of direct taxation in the European Union. Questions of positive and negative integration, common market and tax harmonization are analyzed. The author mentions the following benchmarks of the European tax integration: these are tax harmonization in the area of direct taxation, prohibition of discrimination and of unfair competition, leading role of fundamental freedoms in field of European integration. The direct effect of EU law is brought into light. The international treaty is a special source of law of Member States and it used in cases which can't be regulated by national legislation or by acts of integration law. Directives and regulations as sources of EU secondary law are described in the article. Their special features are also brought into light. International EU agreements and acts of cooperation in the area of taxation are also brought into light. The special role of soft law is also mentioned in the article. The special role of the European Court of Justice in forming of EU tax law is emphasized. The conclusion of the article is in the statement of importance of taxation in the forming of internal market in integration community. The expected results are important both from theoretical and practical points of view and include: working out the legal framework of direct taxation and finding out actual problems of integration tax law mentioning modern trends of cross-border taxation; recommendations of improving of harmonization mechanisms in the EAEU and improving of the Russian Tax Code.

Вивчення та впровадження в Україні іноземного досвіду підвищення професійної компетентності працівників органів влади

Розкрито базові завдання та форми вивчення в Україні іноземного досвіду підвищення професійної компетентності працівників органів влади. Показано напрями та етапи реалізації проекту «Розвиток спроможності державної служби у сфері європейської інтеграції».Проаналізовано динаміку розгляду проблематики підвищення професійної компетентності державних службовців та посадових осіб місцевого самоврядування на міжнародних науково-практичних конференціях «Вивчення та впровадження в Україні іноземного досвіду удосконалення діяльності органів влади» (м. Полтава, 2005-2013 роки). Відзначено певну зміну пріоритетів у напрямі від вивчення правових та організаційних особливостей процесу підготовки, перепідготовки та підвищення кваліфікації кадрів до особливостей забезпечення підготовки фахівців у сфері європейської інтеграції, впровадження інноваційних технологій та переходу до нових форм підвищення професійної компетенції працівників органів влади.Наголошено на необхідності впровадження моделі випереджаючої інноваційної професійної освіти державних службовців з урахуванням системи сучасних ідеї та переваг, ціннісних орієнтацій і установок, організаційно-технологічних пріоритетів, які адекватні українській і світовій освітній ситуації, викликам та прогнозам ХХІ століття. Виділено ключові аспекти та напрями роботи з кадрами у сфері підвищення рівня їх професійної компетентності з урахуванням європейського досвіду.Відзначено, що підвищення професійної компетентності державних службовців та посадових осіб місцевого самоврядування важливо проводити з урахуванням принципів системності та практичного спрямування з широким використанням сучасних інноваційних технологій, які відповідають вимогам часу.

European ‘Dis-integration’ in Bosnia and Herzegovina: A Critical Reflection on Legal, Administrative and Political Obstacles Affecting the Approximation of Chapters 23 and 24 of theAcquis Communautaire

Several pieces of legislation have been enacted with a view to regulating the European integration process in Bosnia and Herzegovina. A plethora of bodies are in charge for approximating the EUacquis. However, the stabilisation and association process in the field of justice related matters has not proceeded as planned due to the existence of at least four legislatures for the Justice Sector and 14 Ministries of Justice (MoJs) whose competences and tasks are not well delineated. This article focuses on the specific issues affecting the transposition of Chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security) of the EUacquis. Based on the analysis of existing legislation and administrative structures and meetings with local officials and foreign donors, the author argues how, for an effective legal approximation process, a review of the current allocation of competences among State, Entities, Brčko District and canton level cannot wait. After drawing comparisons with regional best practices in the field of European integration and illustrating the complex constitutional framework of the country, the administrative and legislative obstacles characterising the approximation of domestic legislation with European standards in the field of Justice and Home affairs are explained. The author concludes by offering a set of solutions to overcome the current situation.

“An ever closer union … ” – towards the “soft” convergence of European drug policies

PurposeA response to Chatwin's article (2010), which argues that European harmonisation of illicit drug policies remains far from realisation, this paper seeks to recommend developing a more specific conceptualisation of European integration in the area of illicit drugs and argues that harmonisation was not a realistic aim of the European Union (EU).Design/methodology/approachThis is a review paper which seeks to advocate the application of a more rigid analytical framework in drug policy analysis that takes into account the “soft” methods of governance used by the EU. The paper also uses secondary data sources to emphasise the argument.FindingsDomestic convergence has been observed across a number of policy areas.Research limitations/implicationsThe nature and level of convergence remains contested and more data are needed to clarify any trends. Future research would be necessary to demonstrate that convergence occurs as a result of EU action rather than other factors.Originality/valueThere remains little in the way of research on the processes of European integration and their specific impact on drug policy at the European and domestic level. This paper will be of value to scholars in the field of European integration who are seeking to expand their research into a new policy sector, as well as researchers in the drug field who are looking for a more formal analytical framework.

The other as past and present: beyond the logic of ‘temporal othering’ in IR theory

AbstractThe article ventures a critique of the logic of ‘temporal othering’ in contemporary International Relations (IR) theory. Originally articulated in the field of European integration, this logic presupposes a possibility for a political community to constitute its identity without any spatial delimitation by means of casting as Other its own past, whose repetition in the future it seeks to avoid. While the image of contemporary Europe as ‘othering’ its own past has been subjected to empirical criticism, this article makes a conceptual argument for the indissociability of temporal and spatial aspects in any act of othering. Drawing on Alexandre Kojève's reading of Hegel, I argue that any historical action is necessarily spatiotemporal, combining the abstraction of temporal negation with the concrete actuality of a negated spatial being. Alternatives to the logic of sovereign territoriality are therefore not to be sought in the temporal aspect of othering, but rather by pursuing the possibility of self-constitution in the absence of any negating action whatsoever. The article concludes with an outline of such an alternative ethos, developed on the basis of Giorgio Agamben's reconstruction of the Hegelian-Kojèvian problematic of the end of history and his theory of the subject.

The Challenges for European Critical Infrastructure Protection

Critical Infrastructure Protection has become a new field of European integration. This article identifies some of the challenges on this road towards a more shared approach. It argues that while the very concept of critical infrastructure is in flux, the whole approach is challenged by the more general approach that concentrates on resilience of societal functions instead of mere protection of infrastructures. The article also claims that it is not completely clear against what kind of threats the critical infrastructures should be protected and by whom. The article further points out the limits of the regulatory efforts of the governments or the EU in trying to protect infrastructures that are mostly owned and operated by private actors.

European Works Councils: Negotiated Europeanisation. Between Statutory Framework and Social Dynamics

This title was first published in 2002: Negotiated Europeanisation is the final study in a three-volume series on European Works Councils by an international research group. The first two studies have already been published by Ashgate. The current study is rooted in an analysis of the establishment of EWCs under Articles 5 and 6 of the 1994 EWC Directive. This is now a mandatory procedure and completes the development of EWCs from bodies set up purely by voluntary negotiation to bodies set up within a binding statutory procedure. The study is based on cases of five (named) major European firms in a variety of industrial sectors. As well as a detailed consideration of how negotiations using the mandatory procedure took place, there are more general reflections on the 'quality' of the actors involved, the negotiating process and the outcomes. As well as their analytical value, these observations offer a number of practical pointers on the establishment of information and consultation arrangements internationally. The study also asks why EWCs have been set up in only one third of eligible companies and why the pace of establishing new EWCs slowed after the mandatory procedure came into force in September 1996. This part of the study is based upon a pan-European questionnaire and offers the first empirical findings on this issue. European Works Councils exemplify a new mode of regulation at the European level, not only within industrial relations but in the field of European integration more widely conceived - Europe as a multi-level system of governance within a framework of devolved subsidiarity. This study is of both academic and practical interest, particularly in view of the continuing process of change in this area, exemplified in new Directives on the European Company Statute and information and consultation at national level.

The Sour Fruits of Victory: Sterling and Security in Anglo-German Relations during the 1950s and 1960s

By analysing the Anglo-German talks about financial compensation for the cost of British troops in West Germany, this article seeks to clarify the linkages between Britain's security and European and monetary policies. The ideological commitment of British politicians to a reserve currency role for sterling had a deep impact on Britain's relations to Europe, particularly the Federal Republic. By consistently threatening to cut its military commitment on the Continent and by minimising it to a question of financial expediency, London failed to draw any political capital from its troops. This became very visible in the field of European integration. The conflict on currency issues and troop deployment was a crucial element in preventing closer relations between the Federal Republic and the United Kingdom in the 1950s and 1960s.

The Embedded Acquis Communautaire: Transmission Belt and Prism of New Governance

The European Union offers crucial insights into the gradual shift from a Weberian form of modern ‘government’ towards the institutionalisation of post‐Weberian ‘governance’. The article argues that the emerging ‘polity of polities’ context, not only threatens the constitutional basis of democratic rule but also raises the questions of what exactly the new institutions of governance beyond the nation‐state are, and what they imply for the functioning (rules of the game) and legitimacy (democratic processes) of the political order. In an effort to elaborate on these questions, the article develops two themes. First, it raises critical questions about the conceptual boundedness of ‘governance’ in the discussion of constitutional and policy studies within the field of European integration. Secondly, it advances a methodological access point for the study of the institutionalisation of governance in the Euro‐polity. It suggests situating the legal concept of acquis communautaire at the boundary of legal studies and politics. The concept is then applied to a case study of citizenship policy in the EU to demonstrate how the acquis communautaire–more precisely, the ‘embedded acquis communautaire’–facilitates methodological access to the study of the institutionalisation of governance beyond the state and despite states.