Are the Council of Ministers and the Commission partners or rivals in European policy-making?

Are the Council of Ministers and the Commission partners or rivals in European policy-making?
Author: Julia Heise
Publisher: GRIN Verlag
Total Pages: 18
Release: 2005-04-02
Genre: Political Science
ISBN: 3638362272

Essay from the year 2004 in the subject Politics - Topic: European Union, grade: 1,5, University of Edinburgh, language: English, abstract: The European Union (EU) is a hybrid and unique body, which “(...) does not fit with many of our preconceived notions of how politics is organized.” (Cini, 2003-(a):1) Two aspects contribute to its “distinctiveness”: First, the EU has a two- level nature: it combines supranational with intergovernmental features. Supranationalism is defined as “(...) the existence of an authority that is ‘higher’ than that of the nation state and capable of imposing its will upon it.” (Heywood, 2000, 259). Applied to the EU, this definition would only concern the supranational EU- institutions. But supranationalism also refers to the common interests of the Union as a whole, and to most policy-areas, which are under the authority of the EU. The intergovernmental EU-level is characterised by the dominance of state-sovereignty. It relates to some EU-policy-areas and particularly to the special role of the 25 EU-member states, which have considerable influence within the Union. Both EU- levels have been subject to two different EU- integration theories. Neo- functionalism explains the creation and importance of a supranational stage with its core-concept of spillover. Intergovernmentalism is characterized by its state-centrism and focus on sovereignty. The second unique aspect of the EU, related to the first, is the complex EU-policy-making process. Legislation, developed by the EU- institutions, has to be implemented on a national level. Particularly the European Commission and the Council of the EU are main actors in policy-making. In this process, the Commission explicitly represents the Union’s interests and is thus referred to as supranational. The Council shows strong intergovernmental characteristics. It acts on behalf of the sovereign EU-member states and therefore has considerable influence in policy-making. [...]

Council of Ministers

Council of Ministers
Author: Philippa Sherrington
Publisher: A&C Black
Total Pages: 228
Release: 2000-03-01
Genre: Political Science
ISBN: 9781855677210

Based on detailed interviews she conducted with key EU officials and national ministers and her observations at council sessions, Philippa Sherrington provides a much-needed analysis of the most crucial of European Union institutions and makes an original contribution to the debate on power and legitimacy in the EU. She presents a detailed account of the way in which business is really conducted in this most secret of institutions, demonstrating that the Council of Ministers remains the ultimate decision-maker in the EU. She draws on both policy analysis and negotiation theory to make her argument.

The Concept of Legislation in European Community Law

The Concept of Legislation in European Community Law
Author: Alexander Türk
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 2006-01-01
Genre: Law
ISBN: 9041124721

A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of `legislation and its employment within the European Community's legal system. In this remarkable work of synthesis, Alexander Tandürk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law. A number of crucially significant insights emerge, among them the following: the distinction between `legislation in form' and `legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as `legislation in form. All those interested in the nature of the EC legal system and the state of its development will find this study richly rewarding. Building rigorously on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU's most pressing legal issues.

Europe's Foreign and Security Policy

Europe's Foreign and Security Policy
Author: Michael E. Smith
Publisher: Cambridge University Press
Total Pages: 312
Release: 2004
Genre: Political Science
ISBN: 9780521538619

The emergence of a common security and foreign policy has been one of the most contentious issues accompanying the integration of the European Union. In this book, Michael Smith examines the specific ways foreign policy cooperation has been institutionalized in the EU, the way institutional development affects cooperative outcomes in foreign policy, and how those outcomes lead to new institutional reforms. Smith explains the evolution and performance of the institutional procedures of the EU using a unique analytical framework, supported by extensive empirical evidence drawn from interviews, case studies, official documents and secondary sources. His perceptive and well-informed analysis covers the entire history of EU foreign policy cooperation, from its origins in the late 1960s up to the start of the 2003 constitutional convention. Demonstrating the importance and extent of EU foreign/security policy, the book will be of interest to scholars, researchers and policy-makers.

Informal Governance in the European Union

Informal Governance in the European Union
Author: Mareike Kleine
Publisher: Cornell University Press
Total Pages: 206
Release: 2014-03-04
Genre: Political Science
ISBN: 0801469392

The European Union is the world’s most advanced international organization, presiding over a level of legal and economic integration unmatched in global politics. To explain this achievement, many observers point to its formal rules that entail strong obligations and delegate substantial power to supranational actors such as the European Commission. This legalistic view, Mareike Kleine contends, is misleading. More often than not, governments and bureaucrats informally depart from the formal rules and thereby contradict their very purpose. Behind the EU’s front of formal rules lies a thick network of informal governance practices.If not the EU’s rules, what accounts for the high level of economic integration among its members? How does the EU really work? In answering these questions, Kleine proposes a new way of thinking about international organizations. Informal governance affords governments the flexibility to resolve conflicts that adherence to EU rules may generate at the domestic level. By dispersing the costs that integration may impose on individual groups, it allows governments to keep domestic interests aligned in favor of European integration. The combination of formal rules and informal governance therefore sustains a level of cooperation that neither regime alone permits, and it reduces the EU’s democratic deficit by including those interests into deliberations that are most immediately affected by its decisions. In illustrating informal norms and testing how they work, Kleine provides the first systematic analysis, based on new material from national and European archives and other primary data, of the parallel development of the formal rules and informal norms that have governed the EU from the 1958 Treaty of Rome until today.

Preferences and Procedures

Preferences and Procedures
Author: Torsten J. Selck
Publisher: Springer Science & Business Media
Total Pages: 106
Release: 2006-07-02
Genre: Business & Economics
ISBN: 0387275541

Preferences and Procedures presents and tests game-theoretic models of European Union legislative decision-making. It is inspired by the idea of linking statistical testing strategies firmly to formal models of EU policymaking. After describing salient features of the EU legislative process and comparing different models of how the EU negotiates new legislative measures, the models' predictive power is evaluated. On a more general level, Preferences and Procedures answers questions regarding the empirically recognizable effects of institutional arrangements on joint bargaining outcomes.

The European Union

The European Union
Author: Kristin Archick
Publisher:
Total Pages: 28
Release: 2019-09-15
Genre:
ISBN: 9781693263408

The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The EU is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. The EU currently consists of 28 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent. The EU has been built through a series of binding treaties. Over the years, EU member states have sought to harmonize laws and adopt common policies on an increasing number of economic, social, and political issues. EU member states share a customs union; a single market in which capital, goods, services, and people move freely; a common trade policy; and a common agricultural policy. Nineteen EU member states use a common currency (the euro), and 22 member states participate in the Schengen area of free movement in which internal border controls have been eliminated. In addition, the EU has been developing a Common Foreign and Security Policy (CFSP), which includes a Common Security and Defense Policy (CSDP), and pursuing cooperation in the area of Justice and Home Affairs (JHA) to forge common internal security measures. Member states work together through several EU institutions to set policy and to promote their collective interests. In recent years, however, the EU has faced a number of internal and external crises. Most notably, in a June 2016 public referendum, voters in the United Kingdom (UK) backed leaving the EU. The pending British exit from the EU (dubbed "Brexit") comes amid multiple other challenges, including the rise of populist and to some extent anti-EU political parties, concerns about democratic backsliding in some member states (including Poland and Hungary), ongoing pressures related to migration, a heightened terrorism threat, and a resurgent Russia. The United States has supported the European integration project since its inception in the 1950s as a means to prevent another catastrophic conflict on the European continent and foster democratic allies and strong trading partners. Today, the United States and the EU have a dynamic political partnership and share a huge trade and investment relationship. Despite periodic tensions in U.S.-EU relations over the years, U.S. and EU policymakers alike have viewed the partnership as serving both sides' overall strategic and economic interests. EU leaders are anxious about the Trump Administration's commitment to the EU project, the transatlantic partnership, and an open international trading system-especially amid the Administration's imposition of tariffs on EU steel and aluminum products since 2018 and the prospects of future auto tariffs. In July 2018, President Trump reportedly called the EU a "foe" on trade but the Administration subsequently sought to de-escalate U.S.-EU tensions and signaled its intention to launch new U.S.-EU trade negotiations. Concerns also linger in Brussels about the implications of the Trump Administration's "America First" foreign policy and its positions on a range of international issues, including Russia, Iran, the Israeli-Palestinian conflict, climate change, and the role of multilateral institutions. This report serves as a primer on the EU. Despite the UK's vote to leave the EU, the UK remains a full member of the bloc until it officially exits the EU (which is scheduled to occur by October 31, 2019, but may be further delayed). As such, this report largely addresses the EU and its institutions as they currently exist. It also briefly describes U.S.-EU political and economic relations that may be of interest.

European Public Law

European Public Law
Author: Patrick Birkinshaw
Publisher: Cambridge University Press
Total Pages: 700
Release: 2003-02
Genre: Law
ISBN: 9780406942883

European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.

EU Administrative Law

EU Administrative Law
Author: Paul Craig
Publisher: Oxford University Press
Total Pages: 994
Release: 2018-10-25
Genre: Law
ISBN: 0192567454

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.