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This volume sets out to provide a concise and accessible overview of the history of today’s European Union. A brief account of such a sprawling topic obviously cannot be comprehensive. Instead, I hope to lay out the broad sweep of developments, without getting bogged down in the details. These days all the EU’s significant moves are documented online, including all its treaties, major decisions, national positions, specific policies, and other technicalities. The institutions themselves provide deep insights into their ongoing work, often also supplying snapshots of historical developments. Even more importantly, there are entire libraries of books on specific policies and the roles of institutional actors such as the European Commission, the Parliament, the Council, and the various member states. Amidst such a wealth of information, it is all too easy to get tangled up in the details. In response, this book seeks to provide a coherent survey of the EU’s history for the general reader.
The media tends to portray a European Union lurching from one crisis to the next. And in this brief history I have had plenty to say about problems, dangers, risks, and threats in the decades-long process of European integration. The founders were well aware of this aspect. Jean Monnet always believed that ‘Europe would be built through crisis, and that it would be the sum of their solutions’. Indeed, the European Union – as the European Communities before it – does seem to have a knack for turning crises to its advantage. Rather than leading to any kind of reversal, challenges have tended to reorient and expand the European project. So, we should not get carried away by excitable headlines, which often fail to do justice to the EU’s complex and sometimes contradictory trajectory.
European integration has many origins, although its history goes back less far than is often assumed. This study offers an accessible and engaging overview of the past and present of today's European Union, from the postwar era to the present day. Beginning with the foundational treaties of the 1950s, the book examines how the EU became an increasingly global actor through the 1980s and 1990s. Focusing particularly on recent developments, Kiran Klaus Patel explores how the EU's current role was far from a given and remains fragile. Looking beyond public discourse fixated on crisis, Patel highlights the adaptability and resilience of the EU and how it has turned challenges into opportunities and expanded its own role in the process. This book sheds new light on the past in order to understand the present – and possible options for the future. In the process, it challenges conventional wisdoms of Europhiles and Eurosceptics alike.
At first glance, social justice seems to be absent in the history of European integration, which ultimately led to the European Union of our own times. This chapter arrives at a different conclusion. It focuses on the period from the 1950s until the Maastricht Treaty and argues that European integration was not simply the neoliberal project it is often described as. Already the Schuman Declaration of 1950 called for a ‘solidarité de fait’. While social justice never became a key concept defining the policies of the European Community, the EC started to develop a distinct approach to social issues since the 1950s. It primarily sought social progress through economic cooperation, not through redistributive social policy. Moreover, the EC served as a platform for the exchange of experts, complementing the role of national actors, transnational forums, and other international organizations such as the International Labour Organization. But it also started developing a highly diverse set of policy instruments with deep implications for social justice. These policies remained patchy. They gained importance only incrementally and never seemed to be driven by an overall logic. Even if the EC was a hidden actor on questions of social justice, it clearly mattered.
This chapter provides a historical overview of the evolution of European cooperation. It first sketches the historical background to several initiatives for international cooperation after the Second World War. It then discusses the way the EU evolved from the initial founding of the European Coal and Steel Community into what is now the European Union. In doing so it looks at the evolution of its policies, institutions and membership over the decades and highlights major international events and crises that affected developments. The chapter shows that the process of bringing the European countries together was long and winding with many fits and starts. Periods of rapid change and innovation have alternated with long stretches of gridlock and stalemate. The process was often erratic because of fundamentally different views on the nature, pace and scope of integration. While the term ‘European Union’ suggests that the organization was swiftly put in place on the basis of a solid design, the EU in essence is a patchwork that has been stitched together in a step-by-step fashion over the course of seven decades.
National judicial systems within the European Union (EU) face pressures toward alignment under the policy agendas for judicial cooperation connected with the Lisbon Treaty and the widespread practice of ‘transnational borrowing’ among courts. Using the CJEU and ECtHR as case studies in the phenomena of judicial culture and transnational judicial communication, this chapter explores how constitutional norms and formal policies interact with contextual influences (including informal judicial interaction and evolving national ideas and practices regarding judging and judicial organisation) to produce increasing legal alignment among the member states. In doing so, the chapter explicitly highlights the need to combine comparative legal analysis with socio-legal research methods in order to understand the evolution of constitutional law.
In 1971 Norwegian ecophilosophers Sigmund Kvaløy, Arne Næss, and Nils Faarlund traveled to the periphery, to the faraway mountains of Nepal. It was a transformative experience for them. In the lives of the Sherpa, they saw an alternative environmentally friendly way of living. Upon their return to Norway they wrote about Sherpa life as an Oriental harmony juxtaposed with the harsh Occidental values of their own Western culture. This demarcation between Oriental ecological wisdom and the Occidental stupidity of the West eventually came to frame the deep-ecological debate at home and abroad. Sherpa life was to be a model for all Norwegians, and Sherpa-informed Norwegians were to be a subsequent model for the world.
These days ‘Europe’ is assumed to mean the European Union and Brussels. The majority of European states are part of the EU, and its various policies have a profound impact on its member states and the international system. It is therefore easy to equate Europe with the European Union, or at least with international cooperation in Europe. This chapter argues that such an approach is problematic, particularly from a historical perspective. It underestimates two aspects: firstly, the European Community as the EU’s predecessor was a fragile latecomer in a densely populated field of international organisations. Seventy years ago (and more recently too) it appeared rather unlikely that this particular organisation would one day come to be identified with Europe as a whole. And secondly, the integration process was not only shaped by the histories of the participating states and the general historical context, but also influenced by a veritable web of relationships with other Western European organisations and transnational forums. Europe was never just the EU, and the EU never all of Europe. So we need to understand how that equivalence became so strong and how the EC was able to morph from humble origins into Europe’s pre-eminent international entity.
The member states of the Association of Southeast Asian Nations (ASEAN) set themselves the ambitious aim of establishing a region-wide economic community by 2015, and to deepen it in the context of the ASEAN Economic Community (AEC) Blueprint 2025. To achieve these goals, service sector reforms will occupy a central place in ASEAN's policy pantheon. This can be attributed to both ASEAN's integration process and its deepening ties within a dense layer of external economic partners. This book takes stock of the experience of ASEAN member states in pursuing trade and investment liberalization in services. It identifies key challenges that the regional grouping can be expected to encounter in realizing its AEC Blueprint 2025 aims. Using a law and economics lens, the book assesses where ASEAN is and is headed in services trade, situating it alongside efforts at crafting a European single market for services.
A net trade model that includes environmental variables is used to analyze economic and environmental implications of various EC policies. There are environmental benefits from CAP reform, but a fertilizer tax results in greater nitrate and phosphate abatement. The input tax also results in smaller drops in EC farm income compared to CAP reform.
This study discusses some of the important aspects of laws/regulations formulated for the protection of plant varieties in Union for the Protection of New Varieties of Plants (UPOV) member states, European Community countries and India. The study also provides an insight into some of the unique features of Indian sui generis system for the protection of plant varieties. During this study, the registration of crop notified in India and in some selected UPOV member countries has been examined. Since India is not an UPOV member state, the system of plant variety protection (PVP) is independent of international scenario but aims for similar standards. The study provides useful information in order to analyse the implementation of PVP laws in UPOV member states and India. Some important features were selected for carrying out a comparative analysis. These include Intellectual Property Rights protection (patent/breeder's right), types of varieties protected, methods of testing, criteria for protection, duration of protection, exemptions (researcher/farmer's exemption), infringement and penalty and compulsory license.
European Court of Justice decision of 25 July 2008, Case C-127/08, Metock et al. v. Minister for Justice, Equality and Law Reform – EU citizens and their third-country family members – ECJ largely reverses Akrich case-law – Dividing line between national and Community competences on immigration – ‘Reverse discrimination’ not a matter of concern for Community law – Analysis of repercussions of decision on EU and national legal orders
Judicial dialogue – protection of fundamental rights – common constitutional principles – judicial activism – Charter of Fundamental Rights – pluralistic nature of Europe – national particularism – preliminary reference procedure – duty of constitutional courts to participate in dialogue – protection of national constitutional values and traditions – judicial style of European Court of Justice
Second pillar v. first pillar – From Union to Community powers and vice versa – Court's jurisdiction under different headings – Jurisdiction after Lisbon – Choice of legal bases in cross-pillar situations – Dual competence? – Different combinations
UN human rights binding on states; binding on UN organs? – Sanctions mechanism as implemented in EU – Kadi and others – Ruling Court of First Instance – Relation between UN law and EC law – Human rights obligations – Exception, political question, etc. – Solange – Monism and dualism – Questions remain
In 1983, the European Community (EC) agreed on a system for the conservation and management offishery resources which is based largely on the use of annual total allowable catch (TAC). Nevertheless, the state of many European stocks of demersal species has worsened since 1983. A review of TAC enforcement shows that landings have exceeded TACs to a limited extent for these resources. The contrary is observed for the stocks of pelagic species of which the state has improved although landings have frequently been larger than TACs. This double paradox generates a feeling of limited impact of the TAC system implemented by the EC. To investigate the reasons, the closeness between agreed TACs and scientific recommendations has been examined. The results show that the TAC decision process gives some preference to stability but attention is paid to the scientific recommendations. Finally, the lack of accuracy of predicted changes of fishing mortality in catch forecasts is found to have played a critical part in the failure of TACs to avoid the deteriorations of resources observed in EC waters. It leads to the conclusion that evaluation of risks in the TAC decision process and participation of actors of the fishing sector in risk management are important matters that cannot be avoided if one wants to improve the legitimacy of fisheries management and therefore its efficiency.
By 1905, the British and the Germans had occupied several strategic points in East Africa. The expansion of trade in the nineteenth century quickened the flow of Arab immigrants and also prompted Indian traders to settle among the black, and mostly Muslim, Swahili-speakers of the East African littoral. Between 1905 and the outbreak of the First World War, the colonial governments in East Africa extended their grasp over most of the region. In 1905 Uganda and the East Africa Protectorate were transferred from the care of the Foreign Office to that of the Colonial Office. Up to 1914, the exports of Uganda and the East Africa Protectorate came almost entirely from African producers. The depression halted the net growth of the European community, but emigration was offset by a continuing influx of German smallholders, which in turn reinforced the solidarity of British officials and settlers.
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