Law and Governance in an Enlarged European Union

Law and Governance in an Enlarged European Union

Author: George A. Bermann

Publisher:

Published: 2004

Total Pages: 501

ISBN-13: 9781472563149

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This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.


Enlargement of the European Union

Enlargement of the European Union

Author: Allan F. Tatham

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 594

ISBN-13: 9041124632

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The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity - defined in terms of such factors as culture, history and economics - has supplanted the long-dominant theme of 'widening and deepening, ' particularly since the Union's expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the 'identity' conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between 'widening' and 'deepening' and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author's conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to 'deliver the goods.' A watershed in the continuing great debate on the fulfilment of the EC Treaty's determination to foster and promote 'an ever closer union of the peoples of Europe, ' this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.


Europe as Empire

Europe as Empire

Author: Jan Zielonka

Publisher: Oxford University Press, USA

Published: 2007-10-11

Total Pages: 306

ISBN-13: 0199231869

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This book offers a strikingly new perspective on EU enlargement. Basing his findings on substantial empirical evidence, Zielonka presents a carefully argued account of the kind of political entity the European Union is becoming, with particular reference to recent enlargement.


EU Enlargement and the Failure of Conditionality

EU Enlargement and the Failure of Conditionality

Author: Dimitry Kochenov

Publisher: Kluwer Law International B.V.

Published: 2008-01-01

Total Pages: 402

ISBN-13: 9041126961

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Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.


Building States Without Society

Building States Without Society

Author: Beate Sissenich

Publisher: Lexington Books

Published: 2007

Total Pages: 256

ISBN-13: 9780739112236

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Focusing on the 2004 enlargement of the European Union, Building States without Society highlights the real limits of cross-national rule transfer even when power is uneven between rule-makers and rule-takers. Tracing the role of labor and other non-state actors in transferring rules, Beate Sissenich shows the persistent relevance of national politics, specifically state capacity and interest organizations. Social network analysis demonstrates that even in a highly integrated Europe, state borders continue to structure communications.


Law and Governance in an Enlarged European Union

Law and Governance in an Enlarged European Union

Author: George A. Bermann

Publisher: Bloomsbury Publishing

Published: 2004-11-10

Total Pages: 530

ISBN-13: 1847310176

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This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.


The Reuniting of Europe

The Reuniting of Europe

Author: José I. Torreblanca

Publisher: Routledge

Published: 2017-09-20

Total Pages: 377

ISBN-13: 1351808443

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This title was first published in 2001: In 1989, central and Eastern European countries broke free form the Soviet Union and looked upon the European Community to support their 'return to Europe'. Some years later, leaders of the European Community, meeting in Copenhagen in June 1993, endorsed for the first time the membership aspirations of the recently democratized countries of Central and Eastern Europe. This insightful text examines the negotiations, debates, tensions and contradictions behind the process of approximation between the two halves of Europe, both within the EC itself as well as between the EC and the countries of Central and Eastern Europe. The extensive consultation of unpublished internal documents, and a theoretically relevant and well-written analysis, ensures that this book is an indispensable resource for students and researchers of EC/EU relations with Central and Eastern Europe.


European Union

European Union

Author: Anca Pusca

Publisher: IDEA

Published: 2004

Total Pages: 428

ISBN-13: 9780972054157

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This book brings together articles discussing controversial questions raised by European Enlargement towards Eastern Europe, Cyprus and Turkey. The author focuses on each of the applicant countries and their views on questions surrounding enlargement, relying on up to date source documents and speeches relevant to these issues. The first section of the book presents points of view from each of the applicant countries with regard to specific problems of European Enlargement, grouped under sections dealing with issues of democratic representation and citizenship rights, social, political and economic impacts of the acquis communautaire requirements, as well as convergence of the current European Union policies--such as the Common Agricultural Policy--to meet to needs of the applicant countries. The second part of the book offers documents including relevant European Union treaties and speeches that represent the European Union stance on these issues. There is a glossary of key terminology.