Suchergebnisse

The article documents the process of the increase in the relevance of fundamental rights in the European Union and calls attention to the fact that it is gradually approaching an important point whose attainment would have a considerable impact on the nature of the EU. The text traces the development of the EU's powers and activities in setting the norms related to fundamental rights, and deciding about their application, control and enforcement. The states have been reluctant to permit the Union to intervene into their domestic human rights affairs which are not connected to the EU's competences. Nevertheless, its recent activities indicate that the EU is starting to get more say even in this cautiously guarded domain of domestic competence. Adapted from the source document.

The article analyses the changes in norm enforcement in the EU that were triggered by the Eurozone crisis. It attempts to demonstrate that the Eurozone crisis contributed to a 'transplantation' of conditionality instruments (which traditionally exist within the EU's external relations) into the internal operations of the European Union. In particular, the article identifies which new internal rule-enforcement mechanisms of the EU share common structural features with the external EU conditionality (e.g. a vague legal framework; the use of the expertise of non-EU actors; an excess of competencies conferred to the EU; the institutional weakening of the European Commission, the European Parliament and the Court of Justice; the format of the sanctions). The article comes to the conclusion that the formation of the EU's internal conditionality occurred mainly within the instruments aimed at the crisis management of public finances of the Eurozone states (the EFSF, the EFSM, and the ESM), but it also concludes that there was an expansion of the new EU conditionality into other areas of the European integration, such as the Schengen cooperation and cohesion policy. Adapted from the source document.

This paper analyses the perception of the new member states of the EU (the 2004 and 2007 entrants) by the old member states' representatives. The text utilizes an updated version of image theory and it is based on 24 interviews with diplomats from permanent representations of the old member states in Brussels. It argues that the mutual perception between the EU member states has an impact on coalition building and thus also on the decision-making process of the EU. Although the newcomers are perceived positively in general terms, there are several differences between them in terms of their activities and behaviour at the EU level as well as in the cultural area. The paper therefore divides the newcomers into groups according to the image that is ascribed to them (the four general images are those of a close ally, a passive ally, a distant ally, and a detached ally). Adapted from the source document.

The aim of this paper is to examine the consequences of a failure to make a preliminary reference from the point of view of consumer organizations striving for the protection of collective consumer rights. Also, this paper argues against a strict application of the principle of procedural autonomy of Member States, as it makes the enforcement of consumer rights practically impossible, in particular with respect to Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (the Injunctions Directive). The author discusses both judicial and extrajudicial remedies that are available in case of a failure to make a preliminary reference to the Court of Justice of the European Union. She believes that procedural rules and the specific conditions for obtaining damages based on the Francovich judgment are not sufficiently harmonized throughout the European Union. Adapted from the source document.

The EU crisis has brought about fundamental impacts on the constitutional framework of the EU governance. The internationalization of EU law, the strengthening of the intergovernmental form of decision making with the crucial role of the European Council and the corresponding weakening of parliamentary bodies can be seen as symptoms of a shift of the EU towards an executive form of federal governance. However, this trend may not be interpreted simply as a 'return' of the sovereign state as the key actor within the European polity, as it might be according to traditional theories of emergency powers. The decision making is de facto relocated from the political level to the level of administration. Thus, instead of de-parliamentarization, we can speak about de-politization or a reconfiguration of the political. The crucial role here - even in decisions of summits of the European Council and the Euro Council - is played by administrative bodies, particulary those of the Council Secretariat and the Commission's services. While the economic crisis is (hopefully) already overcome, the overcoming of the crisis of democracy is not in sight. Adapted from the source document.

The text analyses the conditions for the use of the roll-call votes (RCV) in the European Parliament in the context of the democratic accountability to the voters. The research is focused on examining the rules of procedure of this institution from its beginning to the present. The goal of the text is to analyse the formal setting of the rules of RCV. The procedures concerning RCV have been completely in the hands of deputies. The historical analysis therefore endeavours to reveal whether the deputies decided to act in a way that would grant the greatest possible level of transparency and thus control to their voters, or whether the step taken in 2009 is only a historical exception. In the conclusion, the authors come to the result that the MEPs did not strengthen the relations between the voters and the MEPs significantly, although in 2009 and 2014, certain changes were made in this respect. Adapted from the source document.