Eu Enlargement The Constitutional Impact At Eu And At National Level

The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level. This subject is the more attractive because the 'constitutional' impact of en largement is an essential element in the context of the 'rule of law' as one of the 1 general principles of the Union. Here a relationship does exist with objectives such as a good and transparent system of governance, a democratic legislative process, an independent judiciary and an adequate system of legal protection. As to the national level, the implications membership of the Union has for the constitutional texts of the (candidate) member States have a connection with the fundamental characteristics of Community law such as priority of European law (over national law), direct applicability and direct effect. These principles reflect the interest in ensuring that European law, once applied in the national context by the public authorities or the judiciary, is made fully effective, for the benefit not only of the public authorities but also of the ordinary citizen.

In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

The enlargement of the European Union to embrace Central, Eastern and Southern Europe is usually analysed from political and economic points of view. The current process also has legal implications which this edited collection aims to explore. Written by scholars and officials from the enlarged EU, the contributions look at the conditions and modalities of accession and at the impact of enlargement on EU institutions and policies. This volume is a useful reference for anyone interested in enlargement as such but it also provides a valuable background to the current constitutional reform of the EU.

After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.

This book in addition of being remarkable academic reading contributes, on the highest scholarly level, to the furthering of our understanding of performance of the EU institutions which is essential for practitioners and researchers in the midst of the institutional crisis. Dominik Vuleti , Croatian International Relations Review . . . an impressively detailed introduction to the institutions and committees that form the core frameworks of EU activities including the EU Parliament, the European Central Bank, and the effects of EU membership expansion. The Institutions of the Enlarged European Union is very strongly recommended as an addition to governmental and university library International Studies reference collections in general, and European Union Studies supplemental reading lists in particular. Midwest Book Review The International Studies Shelf This excellent book in the series of studies on EU reform and enlargement is not as dry as it first appears. . . The contributors outline the key changes as well as patterns of continuity in the institutional policies of the EU and their research which I feel will be highly beneficial to lawyers, economists and politicians. . . I found the book to be invaluable for postgraduate and advanced undergraduate students of EU politics and administrative science, as well as researchers, practitioners and journalists working in the fields of European studies more widely. Phillip Taylor, The Barrister This timely, comprehensive and authoritative study provides much food for thought for European policy makers, particularly in the current situation of uncertainty about the Lisbon Treaty. The authors basically upbeat findings that, despite the arrival of twelve new member states in one big bang and one after shock, it has been pretty much business as usual for the EU s institutions will comfort both those who worried about the EU s capacity to act in the absence of institutional reform and those who argued that such reform was unnecessary. But the editors identify a number of emerging dynamics that will be of concern to all who care about the Union s democratic future: increasing formalisation of meetings and procedures on the one hand, coupled with an increase in informal, pre-cooked deals on the other; increasing primacy of the administrative over the political; and a growing trend towards presidentialisation within the institutions, with continued efficiency requiring more emphasis on the primus than on the pares . The editors conclude that, while the European Union s institutional system continues to function and might even become more efficient, the price to be paid could further distance the Union from the citizens it seeks to serve. Martin Westlake, Secretary General, European Economic and Social Committee, Brussels, Belgium This volume reports a thorough appraisal of how the EU institutions have fared since the 2004 enlargement. In essence the answer is more of the same, with no evidence of gridlock. Business has been conducted in similar ways and at similar levels of output, helped by procedural adaptation. The new member states have slotted into the existing routines of the Union. Helen Wallace, European Institute, London School of Economics and Political Science, UK How have the main institutions and decision-making processes of the EU responded to the arrival of new member states? This book assesses the actual state of the EU institutions in the years after the 2004 enlargement, examining each of the main institutional actors as well as trends in legislative output, implementing measures and non-legislative approaches. The contributors outline the key changes as well as patterns of continuity in the institutional politics of the EU. The analysis finds that breakdown has been avoided by a combination of assimilation of the new member states and adaptation of the system, without any fundamental transformation of the institutions. Nonetheless, they conclude that it

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.

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.

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.