Treaty Of Nice Research Articles

Main treaties of the European Union

The article summarizes the main treaties of the European Union, which in one way or another had a significant impact on its development. It was found that after the end of the Second World War, European leaders decided to protect themselves by uniting into a community. Thus, the first treaty where six states united to create a common coal and steel market was Paris Treaty, which was signed in 1951. Its purpose was to create interdependence of states in coal and steel, so that one state could no longer mobilize its armed forces without the knowledge of the others. This is one of the few treaties that has expired. The following treaties, which became the basis of the European integration movement in Europe, became the Rome Treaties concluded in 1957. As a result, the European Economic Community and the European Atomic Energy Community were created. Later, in 1965, the Merger Treaty was signed, the main purpose of which was to streamline the work of European institutions. This agreement has also expired. It was also found that the Single European Act of 1986 reformed the work of the EU institutions in the framework of the Alliance’s preparation for the accession of Portugal and Spain, as well as to speed up the decision-making process in preparation for the creation of the single market. In addition, it was analysed that the Maastricht Treaty was concluded in 1992, which established the modern structure of the EU. In addition, the main purpose of this Treaty is to prepare the European Union for the creation of a monetary union, as well as to introduce the elements of a political union (citizenship, common foreign and domestic policy). Another no less important treaty was concluded in 1997, which was called the Amsterdam Treaty. This Treaty was intended to prepare the EU institutions for future enlargement. It was revealed that in 2001, during the signing of the Nice Treaty, the EU member states determined the need to reform the institutions of the European Union for the purpose of their effective functioning after the expansion to 25 states, to review the system of chairmanship in the Council of the EU. In addition, the last treaty, the main goal of which was to make the EU more democratic, more efficient and capable of solving global problems, was the Lisbon Treaty signed in 2007.

Philosophy of Law or Philosophy of Reason –The Idea of a Treaty Establishing a Constitution for the European Union

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas

The Right to Marriage according to the Provisions of the Main Legal Instruments of the UN and EU

Both in the Universal Declaration of Human Rights (Art. 16) and in the European Convention on Human Rights (Art. 12), the right to marriage is perceived and defined as a fundamental human right, as it was in fact enounced both by jus divinum and by jus naturale. Among other things, from the texts of the legal instruments, of prime importance to the nations of the world, one can note that a marriage can be concluded only between a man and a woman, and only if the following indispensable conditions are met, namely: a) the marriageable age laid down in the national law; b) the mutual consent of the future spouses; c) that the race, nationality or religion of the future spouses are not taken into account. Therefore, a valid marriage is concluded only by the persons of different sex (man and woman), and not by the people of any sex, as the Treaty of Nice (2000) stipulated. In the article, we also highlighted the fact that the right of a man and a woman to have a family is ontologically bound with the marriage. This reality proves in fact, once more, that the marriage and the family were and remain “two main institutions of the mankind.”

Experience of legal regulation of copyright in the European Union: search for ways to harmonize the legislation of Ukraine.

This article reveals the peculiarity of the legal regulation of copyright as a component of intellectual property in the legal system of the European Union, primarily through the prism of the study of the stages of its formation and development.
 Within the framework of this article, the stages of formation and development of the copyright institution from the time of the founding of the European Economic Community to the present time were investigated. Important attention is paid to the study of copyright regulation in the provisions of the founding treaties of the European Union, in particular in the Treaty establishing the European Economic Community, the Treaty on the European Union (Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, the Treaty of Lisbon and the sources of "secondary law" of the European Union, in particular, directives, regulations, decisions of the European Parliament and the Council on the harmonization of intellectual property rights of the member states of the European Union.
 The position is argued, according to which at the initial stages of the formation of the legal system of the European Union in terms of the legal regulation of copyright, an approach was used, according to which the legal acts did not establish direct requirements for its legal regulation and instead established provisions that would contribute to the formation of the functioning of the common market of the European Union. It is noted that parallel to the "primary sources" of the European Union, the sources of "secondary law" were formed. It was noted that a special place in the legal regulation of copyright in the European Union was played by the directives, which, being binding on the member states to which they were addressed, left the freedom of choice of the form and methods of their implementation to the national bodies of the latter.
 In order to achieve the goal, the author used the methods characteristic of legal science. The research was conducted primarily using the historical-legal, comparative-legal, formal-legal method and the dialectical method of learning legal reality.
 On the basis of the conducted research, the author comes to the conclusion that the law of the European Union is characterized by a rather exhaustive list of sources, their hierarchy, as a result of which this law is well organized, systematized and internally agreed. It was established that the formation of European intellectual property rights took place on the one hand under the influence of international law, and on the other hand, the peculiarities of the legal regulation of copyright in the member states.

니스 조약과 중동부유럽 신(新)회원국들의 유럽연합으로의 통합

2004년 10개의 신(新)회원국의 유럽연합 가입을 앞두고 유럽연합의 제도적 시스템 및 의사 결정 과정의 개혁이 불가피해졌다. 그래서 2001년에 서명되어 2003년에 발효된 니스 조약은 이러한 신(新)회원국의 가입에 대비하기 위해 조약의 본문에 몇 가지 변경사항을 도입했다. 이러한 변경사항은 회원국별 집행위원수, 유럽이사회의 개별회원국에 대한 투표가중치 및 각 회원국에 할당된 유럽의회 의석수와 관련된 것이었다. 이 연구는 이와 관련하여 취해진 다양한 조치를 분석하고 이러한 조치가 어떻게 신(新)회원국의 유럽연합으로의 통합을 준비했는지를 검토한다. 또한 신(新)회원국이 지역 및 농업 기금 같은 유럽연합의 지불금제도로부터 어느 정도 혜택을 받았는지를 살펴보고, 가입 이후 신(新)회원국의 경제, 인구 및 사회 차원에서의 발전은 어떠했는가를 분석한다. 그 결과 구(舊)회원국과 신(新)회원국 사이에 여전히 상당한 정도의 부의 격차가 있기는 하지만, 신(新)회원국의 유럽연합으로의 통합은 대체로 성공적이었다는 결론에 이르렀다.

The specifics of the provisions on enhanced cooperation in the European Union in the Treaty of Nice

The specifics of the provisions on enhanced cooperation in the European Union in the Treaty of Nice

Court of Justice of the European Union: historiography of European sources published in the period 1957-1992

Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the signing of the Maastricht Treaty); II period – the formation of the European Union (signing of the Maastricht, Amsterdam, Nice treaties); Period III – the functioning of the European Union in its modern form (after the signing of the Lisbon Treaty and until now). Thanks to this systematization, we were able to demonstrate what topics were relevant among scholars in a particular period of development of integration and functioning of the Court of Justice. The main presentation of the material is devoted to the results of the analysis of foreign scientific publications concerning the principles of organization and functioning of the Court of Justice published in the period 1957–1992. We found that most scientific papers were published by scientists from Great Britain, Italy, Belgium, Luxembourg, Germany, France which account for a significant share of the work of judges and Advocates-General of the Court of Justice. All foreign sources published in this period were analyzed by us on the subject of research and grouped by subject. Thus, we found that in the period 1957–1992.current research topics on the Court of Justice of the EU were: protection of individuals in the EU law and order; methods of interpretation in the decision of the Court of Justice of the EU; judicial control in the EU; the legal nature of the interaction between national judicial institutions and the Court of Justice and their impact on the uniform application of the Community legal order and its organic combination with the national legal order; judicial activism; principles of EU law; the role of EU judges in the development of European integration. Keywords: EU Court, judicial activism, EU legal order, principles of EU law, EU court decision.

An Interim Post-Mortem

The EU treaties allow the Union legislature to establish specialised courts within the institution of the Court of Justice. This possibility was inserted by the Treaty of Nice, and by 2005, the Union’s first and only specialised court to date was established—the Civil Service Tribunal (‘CST’). The judicial architecture of the Union has undergone transformative changes in recent years, and as part of the reforms, the CST was abolished in 2016, marking an abrupt end to the Union’s brief use of specialised courts. This article offers an interim post-mortem of specialised courts, examining the Union’s experimentalism with a three-tier judicial institution by focusing on two unique features. Firstly, the role of judges at specialised courts; and secondly, the review procedure that may be undertaken by the Court of Justice. The article contemplates the future of specialised courts, drawing some constitutional lessons that can be learnt from this brief experiment.

The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period

The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.

Comparative legal analysis of the Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union with the current labour law of all its Member States

The article deals with the comparative legal research of the current labour legislation of each of the 28 EU member states with the Directive 2019/1152 of 20 June 2019 on transparent and predictable working conditions in the European Union. The relevance of the research topic is because after the adoption of Council Directive 91/533/EEC in the EU, a number of acts of primary and secondary legislation were adopted that significantly change the content and scope of labour rights of workers. These are, in particular, The Maastricht Treaty, The Treaty of Amsterdam, The Treaty of Nice and the Treaty of Lisbon. Furthermore, on December 7, 2000, the Charter of Fundamental Rights of the European Union was signed, and on December 17, 2017, The European Parliament, the Council and the Commission solemnly proclaimed the European Pillar of Social Rights. As a result, collisions arose between the above Acts and Directive 91/533/EEC, which required the adoption of a new Directive 2019/1152 and a comparative legal analysis of this Directive with the current labour legislation of each of the 28 EU member states.

Institutions, Power and Institutional Balance

The EU institutions have always been ‘singular’. From the very inception of the EEC it has been difficult to fit the principal institutions within any neat ordering that corresponds to that within the traditional nation state. The very location of legislative and executive power in the Rome Treaty was problematic, and these problems were exacerbated over time as new institutions developed, often initially outside the strict letter of the Treaty, in response to a complex set of political pressures. Institutional balance, as opposed to strict separation of powers, characterized the disposition of legislative and executive power in the EEC from the outset. The concept of institutional balance has a rich history. It was a central element in the republican conception of democratic ordering, embodying the ideal that the form of political ordering should encapsulate a balance between different interests, which represented different sections within civil society. This balance was perceived as necessary to ensure that decision-making served the public good rather than narrow sectional self-interest. The concept of institutional balance was an important part of republican discourse in the fifteenth and sixteenth centuries, shaping the desired structure of government in the Italian republics, exerting later influence in England and the emergent United States. Institutional balance is not however self-executing. It presumes by its very nature a normative and political judgment as to which institutions should be able to partake of legislative and executive power, and it presumes also a view as to what constitutes the appropriate balance between them. These normative underpinnings have, not surprisingly, altered over time in the EU, and continue to do so. These changes are charted throughout the subsequent analysis and form the underlying theme of the chapter, which is divided into three temporal periods. The initial period runs between the Rome Treaty and the Single European Act 1986 (SEA). The second section covers the period between the SEA and the Nice Treaty. And the third covers the Constitutional Treaty and the Lisbon Treaty. Treaty reform is a continuation of politics by othermeans. It is not therefore surprising that institutional issues on the agenda in the previous decade dominated debates on more comprehensive Treaty reform, including in particular the appropriate distribution of legislative power, coupled with contestation as to the locus of executive power. These were the prominent themes in the debates on Treaty reform. It is clear that while most if not all protagonists in this debate believed in institutional balance, they nonetheless differed markedly as to what this should entail.

Vote Probabilities, Thresholds and Actor Preferences: Decision Capacity and the Council of the European Union

This paper studies how voting rules affect the ease with which decisions are made, basing the analysis on the key premise that ideology makes some coalitions more likely to form than others. Our study focuses on the Council of the European Union (EU), where member states hold different voting weights and ideological positions are strongly linked to the affiliation of actors to political parties. Accordingly, to explore the influence of ideology on the probability of coalition formation, and to thus formulate a ‘decision probability’, we incorporate ideological positions in the analysis of efficiency of the voting system. For the case of the EU, we particularly consider the transition from the triple-majority voting system of the Nice Treaty to the double-majority system incorporated into the Lisbon Treaty. The standard assumption that member states vote independently and affirmatively with a probability of 0.5 leads to a more pessimistic view of the Council’s decision-making capacity than does the premise that member state votes are biased towards voting with the Council majority. The latter assumption is supported by voting data and anecdotal evidence on the ‘consensus-seeking’ culture in the Council. Hence, this paper offers some insights into the ‘efficiency’ of the decision-making process, given institutional voting rules, in combination with actual actor ideological positions.

POLAND’S «THIRD SECTOR» IN OFFICIAL EU DOCUMENTS

The given paper reveals entity concept of European «third sector» and public sector of Poland.Basic documents that regulate the activity of UN nongovernmental (public) organiza- tions are analyzed in this paper, in particular: the «Green book of Public Politics» (1993), the «White book of Public Politics» (1994), Constituent Treatise of European Community in the context of public dialogue, documents of the European Economic and Social Com- mittee, Appendix to the Treaty of Мааstricht, numbers 23 and 38.Cooperation of public organizations in adjusting of collaboration between the Euro- pean Commission, European Parliament, Economic and Social Committee, Committee of the Regions, Council of Europe is studied.The process of institutionalization of the Polish «third sector» to the norms of Euro- pean Union from 1990, when the process of negotiations with the conclusion of European Treaty to 2004, the date of introducing Poland to the European Union was researched.The author pays great attention to the important aspect of studying of European and in particular Polish «third sector» and also states the presence of general European but not international agreements ,that do not need the ratification and further clear implemen- tation of their norms by the corresponding states, however pay the important role in pub- lic organizations development: Fundamental principles of status of nongovernmental organizations in Europe, adopted by the participants of the multilateral meeting, organized by the Council of Europe on July, 5, 2002, with the Explanatory memorandum to them, the Recommendations of Ministers Committee of the Council of Europe to the state mem- bers about the legal status of nongovernmental organizations in Europe № СМ/Rec (2007).Interconnection between public organizations of Poland and Constituent Treaties of European Union on the basics of the Treaty of Мааstricht, the Treaty of Amsterdam and the Treaty of Nice are studied in this paper.The author pays attention to the important documents for Polish public organizations, especially acceptance of National strategy of integration of Poland and «Partnership for Membership». The strategy became the basics for the wide program of harmonization of legislation in executive branch of political power, for the background of Poland to future membership in European Union and adjusting of dialogue between all «third sector».

Poland’s European Vision: Religion, Secularism, and Poland’s Role in the Emergence of the Lisbon Treaty

Abstract This article analyzes Poland’s policies during the EU Constitution debate in the early 2000s to develop a more nuanced, complex understanding of how national identity, religion, and EU membership come together in Poland’s “global design,” or international relations from Poland’s standpoint. In 2000–2005 other EU members criticized Poland for its assertiveness on the issues of retaining the Nice Treaty and insisting on references to Christianity in the EU Constitution; Poland was regarded as “too religious.” In analyzing Poland’s stance and its response, this article demonstrates the processes by which Polish elites linked Christianity to a specific conception of “Europe,” and in so doing challenged long-standing EU hierarchies of “West” and “East.” In particular, Poland’s global design exposed the inconsistencies in France’s official position on the EU Constitution and its reliance on a “secular” Europe.

Not all Treaties are Created Equal: The Effects of Treaty Changes on Legislative Efficiency in the EU

AbstractOne of the key motives behind recent reforms of the EU's legislative process has been to increase efficiency. This study examines whether the Amsterdam, Nice and Lisbon treaties have successfully increased the speed with which the EU creates new laws. An interrupted time series approach is utilized to detect the total effects of treaty change on the decision‐making process. This study thus complements existing research on the effects of decision‐making rules, by employing a design more robust to the challenge of endogeneity. The findings suggest that the Amsterdam treaty was very successful at increasing legislative efficiency. In contrast, the Nice treaty does not appear to have had a notable impact, and, more interestingly, neither does the Lisbon treaty.

Looking back while going forward: 15 years of legal interpreting in the EU

Over the years the European Union has evolved from a predominantly political and socio-economic enterprise and become increasingly proactive in the area of justice, the so-called ‘Third Pillar’. The Maastricht Treaty (1993) introduced justice and home affairs as «matters of common interest» for the EU but it was the Amsterdam (1999) and Nice (2000) Treaties which really set out the ambition to shape the EU into «an area of freedom, security and justice». Following the Amsterdam Treaty (1999), the European Council laid down the priorities for Justice and Home Affairs in three subsequent five-year programmes (‘Tampere’, ‘The Hague’ and ‘Stockholm’). From the beginning the issue of access to and quality of interpreting (and translation) featured as one of the major fundamental rights and procedural safeguards to be ensured in criminal proceedings. The end of 2014 marks a turning point as the Stockholm Programme comes to an end. Therefore, it seems the time has come to take stock. This contribution surveys 15 years (1999-2014) of European and national legislation, of academic activity in training and research and of professionalization of the legal interpreting and translation community, charting important objectives that have been achieved.

The Puzzle of Double Referendums in the European Union

AbstractIf voters are asked to vote twice on the same issue in a single year, why might they initially reject the proposal but then vote to approve it the second time? This has happened three times in EU referendums (Denmark on the Maastricht Treaty in 1992–93 and Ireland on the Nice Treaty in 2001–02 and the Lisbon Treaty in 2008–09). No work has yet compared all six of these referendum campaigns. I focus on the campaign strategies of the Yes and No sides and investigate whether campaigners act differently in the second campaigns. Based on fieldwork in Denmark and Ireland, 38 in‐depth interviews with campaigners and public opinion data, I show that the Yes campaigners learned from their mistakes and changed their campaign strategies in the second rounds. Not only did they secure guarantees from the EU to neutralize the No side's arguments; they also used more emotional campaign arguments in the second campaigns.

THE IRISH REFERENDUM ON THE TREATY OF NICE AND ARTICLE 10 EC: A Recent Example of The Constitutional Problems of Enlargement

This article views the Irish referendum on the Treaty of Nice as an example of the constitutional problems o f enlargement. The article addresses whether Article IO EC applies for national and European constitutional ratification provisions and suggests legal and political solutions for the constitutional problems in the Irish case .

A LEGAL ANALYSIS OF THE POST-OPINION 1/94 VERTICAL DELIMITATION OF COMPETENCES IN EXTERNAL TRADE

The present paper analyses the post-Opinion vertical delimitation of competences in external trade. Following the insinuation given in Opinion 1/94, the Member States, as the masters of the Treaty, have amended the delimitation of competences under the commom commercial policy to enable the Community to effectively adapt to the developments of international trade law especially in respect of the WTO Agreement. Whether they have been successful in their attempts will be examined. In that regard, under the Amsterdam and Nice Treaty, and in order to get a prospect about the possible future of delimitation of competences in external trade, under the Constitutional Treaty, the delimitation issue is scrutinised in terms of the ratione materiae scope of the common commercial policy, the substantive and procedural rules within the ambit of the common commercial policy and the possible effects of these configurations. Keywords: Competence, Common Commercial Policy, Treaty amendments.

AB GELECEĞİNİ ARIYOR: AB Konvansiyonu

The European Union has stepped up through a phase in which Single European Act, the EU Treaty, Amsterdam Treaty and Nice Treaty became important landmarks. Together with the Rome Treaty these establishing treaties put objectives and destination of the Union, which are well-known characteristics of the EU, -like peace and solidarity expressed in the preamble of the Rome Treaty and the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law on which the Union 'is founded'. However, there had been a question regarding the methods and means of this ongoing intensive progress. Which methods/means could be employed or applied to achieve these objectives? The Union has taken necessary initiative and amended the Treaties by way of Intergovernmental Conferences for a long time. As this method got many criticisms because o f lack o f legitimacy, the Conventions have formed to discuss and to work on the matters regarding the future of the EU. The Conventions submits drafts or proposals for the matters outlined by the European Council to the next /GC which would make amendments to the Treaties. First Convention was gathered in year 2000 and worked on a Charter o f Fundamental Rights o f the EU and The European Commission, The European Council and The European Parliament proclaimed it. Second Convention, The Convention of the Future of the EU, started to work in February 2002 to submit proposals on the issues pointed by Leaken European Council to 2004 IGC. This article is about this second Convention.