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2002, Fordham International Law Journal
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27 pages
1 file
These are momentous times in Europe. The Euro has been successfully introduced, the enlargement negotiations are approaching their climax, and the European Convention ("Convention") is moving towards the drafting of a constitution for a new, continent-wide political entity. At the same time, unrest is manifest, particularly in two areas. On the one hand, many of our citizens, and not just the political elites, are dissatisfied with Europe's performance on the world stage and are concerned about the maintenance of peace and security within the Union. In these areas they would like to see a strengthened, more effective entity-"more Europe." On the other hand, their disenchantment with the long reach of European Union ("EU" or "Union") regulation in the first pillar area of economic policy is growing. The feeling of loss of local control over their destiny and a vague feeling of potential loss of identity within an ever more centralized polity is palpable. Here, they want "less Europe." In the outside world, change is also the order of the day. The ice-sheet of bipolarity, which overlaid and hid the complexity of international relations during the Cold War, is breaking up at an ever-increasing speed and revealing a world in which two paradigms are competing to become the underlying ordering principles for the new century. The traditional paradigm of interacting Nation States, each pursuing its own separate interests, with alliances allowing the small to compete with the large, is alive and well, and its proponents like Machiavelli or Churchill continue to be in vogue in the literature of international relations and the rhetoric of world leaders. At the same time, there is a school of thought which points to the growing economic and ecological interdependence of our societies and the necessity for new forms of global governance to complement national action. It is also becoming abundantly clear that the concept of a "Nation State" is often a fiction, positing as it does an identity between the citizens of a State and the members of a culturally homogenous society. For both reasons, the concept of the Nation State as the principal actor on the world stage, is called into question. The experience of the Union with the sharing of State sovereignty is clearly related to the second paradigm and also to the EU's firm support for the development of the United Nations ("U.N.") as well as other elements of multilateral governance. It would hardly be wise to suggest that any foreign policy, and certainly not that of the EU, should be based only on this paradigm. Given the recurrent threats to security, which seem to be part of the human condition expressed by some as the "inevitability of war"-the defense of territorial integrity; action against threats of aggression; and resistance to crimes against humanity such as genocide-the ability to conduct a security policy based much more on the old paradigm of interacting interests will continue to be required. That the EU needs to develop such a capability will be taken here as a given. Such a crisis-management capability will be essential to the Union, but will be distinguished here from the more long-term elements of foreign policy, which can be thought of as being designed to reduce the need for crisis management in the context of a security policy to a minimum. The crisis-management area of policy will not be treated further here. The thesis of this Essay is that the same set of political concepts can serve as a guide to the future internal development of the EU and as the basis of such a long-term foreign policy. Furthermore, it suggests that neither should be seen in terms of the balancing of interests but rather, as the expression of a small list of fundamental values. The list is as follows: (1) the rule of law as the basis for relations between members of society; (2) the interaction between the democratic process and entrenched human rights in political decision-making; (3) the operation of competition within a market economy as the source of increasing prosperity; (4) the anchoring of the principle of solidarity among all members of society alongside that of the liberty of the individual; (5) the adoption of the principle of sustainability of all economic development; and (6) the preservation of separate identities and the maintenance of cultural diversity within society. These values can be seen as the answer to the question posed both, by citizens of the Union and by our fellow citizens of the world: "What does the EU stand for?" In exploring these values we should, however, remember that in the real world there will be occasions on which Realpolitik will intrude and the interest-based paradigm will prevail.
2007
CORE View metadata, citation and similar papers at core.ac.uk provided by Heidelberger Dokumentenserver 4.4 Conclusion: the dialectical dynamic cooperative and competitive 12 relationship of the cell´s whole and parts, basic strategy guiding intracellular and extracellular interactions, functional role: achieving and sustaining vitality 5. General conclusion on the whole and the parts in philosophy, 13 philosophy of economics and natural science/biology: According to the modern functionalist approach the parts do not constitute the whole as an end in itself. The whole and the parts: both subject to achieve common objectives, bound by the rationalism´s principle of effectiveness III. The European Union-complex network of dynamic interactions of the whole and the parts 1. The European Union, Member States and the Treaty establishing a 14 Constitution for Europe 2. The identity issue of the European Union: key-opener to the pending issue of the Treaty establishing a Constitution for Europe and to the constitutional quality essentials 3. The nation-state and the European Union are shaped by basic constituent 18 elements : Constitutional law and sovereignty of the nation-state, as well Founding Treaties on European Union and European Community having constitutional quality 4. Democratic accountability increases legitimacy 5. The repercussions of European integration on national policymaking and the 19 repercussions of national policymaking on European integration 6. The concept of the European Union under the Treaty establishing the European Union: the dynamic process character of implementing common Treaty objectives by the Member States´collectivity of jointly exercising common powers 7. Integration: the mode of cooperation between the Member States to achieve 19 common objectives through implementing explicitly and implicitly attributed powers to create an own autonomous legal order 8. The legal order of the European Community: gradually developed, playing a 19 dynamic functional role of promoting and safeguarding the dynamic political evolutive character of the European Community 4 9. The dynamic political evolutive character of the European Community 20 marked by the founding Treaty on EC having constitutional quality. 10. EC jurisdiction further emanating from a joint national sovereignty 20 consent to the use, within the Council, of implied Treaty powers 11. Developing the dynamic and evolutive European Community, shaping 20 the exercise of national sovereignty through cooperative and competitive European integration and cooperation 12. The dialectic interdependence between national Member State level 21 and the level of jointly exercised sovereignty: the core identity shaping feature of the EC 13. Maintaining the decisiveness and efficiency of decision-making of the EU institutions in the enlarged Union: requiring alternative, flexible forms of cooperation between the Union´s Member States within the Union´s Treaty institutional system without undermining the cohesion of the Union. 14. Unanimity among still sovereign Member States of the European Union in matters of Foreign and Security Policy does not hamper the Union to be a decisive external actor. With special reference made to the case of Poland and the Czech Republik concerning the US offer to install a US led anti-missile shield in both EU Member States 15. The decisiveness of the European Union´s Common Foreign and Security 24 Policy faces the expectation gap between the Union´s legal constitution and living constitution 16. Starting and waging the wars in Afghanistan and in Iraq without 24 consulting within the Union´s Council before undertaking action severely affected the Union´s interests to assert its values on the international scene. Prospects of the European Union to contribute to influence the further policy making in international security politics 17. Ensuring the efficient running of the cooperative interconnection relationship of the EU and the Member States : the functional role of the European Union´s concept of a positively joint multi-level exercise of sovereignty-thus marking the core essential of the collective EU identity 18. The national gateway to democratic European Union Governance: the national 27 Constitutions´ clauses allowing the conferring of national legislative powers on the EU 19. The identity and legitimacy issue: Increasing the European Union´s democratic quality should accept the proposal made by the Treaty establishing a Constitution:improving the information of national Parliaments on planned European Community legislation
JCMS: Journal of Common Market Studies, 2007
Schmidt's book is a valuable and well-written contribution to the analysis of the impact of European integration on national democracies. According to the author, democracy has become an issue for Europe and the suspension of the ratification process on the Constitutional Treaty, following the failures of the referendums in France and the Netherlands, shows that it will remain a problematic issue in the near future. The institutional reforms envisaged in the Constitutional Treaty may reduce the problem of EU democracy, but they would not solve the democratic deficit at the national level. The problem at stake refers to Europeanization, which means that national conceptions of democratic power and authority, access and influence, vote and voice remain mostly unchanged. National leaders have failed to initiate ideas and discourse that would engage national publics in the discourse about the EU-related changes to national democracy. Therefore, a key question here is 'how should national leaders proceed in such a discourse?' Firstly, they should decide what the EU is, in order to assess what their countries are becoming. Thus, the fundamental assumption of Schmidt's book is the idea of the EU conceived as a regional state. It is a regional union of nation states, where sovereignty is shared with Member States, boundaries are not fixed, identity is understood in terms of 'being' and 'doing', governance is dispersed. Schmidt argues that in such a fragmented democracy, the EU's legitimacy is in question because it is compared to the ideal of the nation state. However, if it is conceived as a regional state, the democratic deficit would not be so great. But the problem is much more significant in relation to national democracy. The author convincingly argues that this is because while the EU makes policy without politics, its Member States realize politics without policy. National citizens have little direct input into the EU policies that affect them. This results in the problems of voter disaffection and political extremism characterizing the EU Member States nowadays. To solve this problem, Member States have to come up with new national ideas and discourse in order to adjust the EU-related changes to the traditional performance of their national democracies. But firstly it is necessary to conceive how institutions affect European democracy at EU and national levels. Thus, Schmidt's book is about the nature of the EU governance system and its impact on national democracies. In Chapters 2-4, the author examines the impact of the EU upon national institutions, taking into account in turn the policy-making processes and the representative politics of the EU and the Member States. A special merit of Schmidt's work is that the author illustrates her argument with examples of four countries: Britain and France, as
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The European Union as a Global Health Actor, 2016
JCMS: Journal of Common Market Studies, 2007
In recent years, studies of European Union foreign policy activities have increasingly highlighted the importance of the normative dimension of the European integration process. This multidisciplinary volume contributes to that literature by focusing on Pillar I and Pillar II policies and on how the process of identity construction within the EU has been shaped just as much by external policy as by purely internal politics. Specifically the volume analyses the values, principles and images (VIPs) which help constitute the EU as an international actor; in doing so, it draws on the growing literature that frames the EU as (variously) a 'civilian', 'ethical', 'gentle' or 'normative' power in the world of international politics. Thus unsurprisingly the core values the book highlights include human rights and freedom of expression, democratic and representative government and the centrality of the rule of law. The core image of the world that helps transform values into principles is the liberal internationalist image of a Kantian actor-liberal, peaceable and committed to Groatian principles of regulation and international law. Setting out the volume's overarching theoretical frame of the EU as a contemporary integrative space and polity, Ian Manners examines the constitutive nature of the values, images and principles which inform how the EU behaves in the international arena. The VIPs which manifest themselves in those behavioural patterns are not just rhetorical or symbolic (and thus hollow); neither are they an expression of purely material attachments or ambitions. The EU really is different, as constructivist scholars of the integration process assert and really is pre-disposed to act in a normative way in its international activity. This is largely because it has evolved in a way which has facilitated the embedding of these core values, images and principles in its own self-representation and consequently in its foreign policy 'output'. And even if, as Knud Erik Jorgensen points out in his chapter, the VIPs identified in the volume are frequently contested and contestable (both in real world political activity and in scholarship), such VIPs constitute the primary cognitive repository which EU actors drawn on in contemplating what the EU is and should do in the world of international politics. In broadening the focus of EU external action and delivering a coherent and organically linked collection of chapters, the volume makes a valuable dual contribution to contemporary understandings of the European Union.
European Journal of Political Theory, 2003
The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the spirit of the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. key words: Charter of Fundamental Rights of the European Union, constitutional patriotism, Convention on the Future of Europe, deep diversity, fundamental rights
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