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Journal Cover European Law Journal
  [SJR: 0.771]   [H-I: 18]   [143 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 1351-5993 - ISSN (Online) 1468-0386
   Published by John Wiley and Sons Homepage  [1579 journals]
  • The evolution of the political criteria for accession to the European
           Community, 1957–1973
    • Authors: Ronald Janse
      Abstract: This article describes the evolution of political conditions for accession to the European Community from 1957 to 1973 on the basis of the responses of the Community and national parliaments to applications for association (Article 238 EC Treaty) and membership (Article 237 EC Treaty) and to a US foreign policy initiative. It challenges the thesis that the European Community was originally uninterested in the political nature of its members as long as they were non-communist and that the Community made a volte face in 1962 in reaction to a request for an association agreement by Franco's Spain. It argues that the Copenhagen political criteria, except minority protection, were firmly established by 1973 after a series of pronouncements and decisions by the European Parliament, national parliaments (both 1962), the Commission (1967) and the Council (1973). The article aims to contribute to the early history of the constitutionalization of the Union and discusses how demands from outsiders prompted the Six to define the constitutional requirements for (candidate) members. It is partly based on new archival research.
      PubDate: 2017-10-18T04:45:28.19083-05:0
      DOI: 10.1111/eulj.12253
       
  • Between discretion and control: Reflections on the institutional position
           of the Commission within the European citizens' initiative process
    • Authors: Nikos Vogiatzis
      Abstract: This article considers the institutional position of the Commission within the European citizens' initiative (ECI) process, with particular emphasis on its decision regarding the admissibility/registration of a proposed ECI, and its final decision on the outcome of an ECI which has met the necessary levels of support. The purpose of this contribution is to juxtapose the case-law of the Court on the Commission's discretion and the relevant provisions of the Treaties with the evolution of European integration and, more specifically, the evolution of the Commission's role therein. Viewed under this prism, the Commission's powers at the registration stage (which in any event clearly fall under the scope of judicial review) are compatible with the constitutionalisation of the Union, whereas the Commission's width of discretion at the follow-up stage, while compatible with the Commission's prerogatives, cannot easily be reconciled, nonetheless, with the Commission's limited legitimacy when compared to that of the co-legislators, the fact that it may not always represent the Union interest, and the latter's pragmatic losses within the EU institutional balance.
      PubDate: 2017-10-05T02:05:23.667637-05:
      DOI: 10.1111/eulj.12229
       
  • European Studies and the European Crisis: Legal and Political Science
           between Critique and Complacency
    • Authors: Christian Joerges; Christian Kreuder-Sonnen
      Abstract: European Studies used to be dominated by legal and political science approaches which hailed the progress of European integration and its reliance on law. The recent set of crises that struck the EU have highlighted fundamental problems in the ways and means by which European integration unfolds. The quasi-authoritarian emergency politics deployed in the euro crisis is a radical expression of the fading prevalence of democratic processes to accommodate economic and social diversity in the Union. As we argue in this paper, however, the mainstreams in both disciplines retain a largely affirmative and apologetic stance on the EU's post-democratic and extra-constitutional development. While political science contributions mostly content themselves with a revival of conventional integration theories and thus turn a blind eye to normatively critical aspects of European crisis governance, legal scholarship is in short supply of normatively convincing theoretical paradigms and thus aligns itself with the functionalist reasoning of the EU's Court of Justice. Yet, we also identify critical peripheries in both disciplines which intersect in their critical appraisal of the authoritarian tendencies that inhere in the crisis-ridden state of European integration. Their results curb the prevailing optimism and underline that the need for fundamental reorientations in both the theory and practice of European integration has become irrefutable.
      PubDate: 2017-07-20T23:05:49.776551-05:
      DOI: 10.1111/eulj.12225
       
  • Issue information - TOC
    • Pages: 1 - 1
      Abstract: No abstract is available for this article.
      PubDate: 2017-08-16T04:11:12.267439-05:
      DOI: 10.1111/eulj.12231
       
  • Democracy, Translucidity and Accountability: The Eurozone vs. The
           Democratic Right to Know
    • Authors: Agustín José Menéndez
      Pages: 2 - 8
      PubDate: 2017-08-16T04:11:14.914637-05:
      DOI: 10.1111/eulj.12221
       
  • The European Union Post-Brexit: Static or Dynamic Adaptation'
    • Authors: Giandomenico Majone
      Pages: 9 - 27
      Abstract: The choice facing the leaders of the European Union, after Brexit, is between a static adaptation, leaving the current approach to integration essentially unchanged, and a dynamic adaptation, which recognises the need for radical changes. Dynamic adaptation requires institutional leadership—something apparently incompatible with the basic principle of the equality of all the Member States. The clearest indication of a deficit of leadership is the failure to define the real purpose of the collective activity. This failure is at the root of Brexit, as may be seen from the explicit rejection of the indefinite goal of ‘ever closer union’ by the British prime minister in November 2015. An alternative approach to European integration finds a good theoretical foundation in Buchanan's theory of clubs. The essential principle of a functional organisation at supranational level is that activities would be selected specifically and organised separately. A strictly functional approach to integration could revive an interest in political union in the form of a confederation. As Tocqueville had clearly understood long ago, the weakness of confederations increases in direct proportion to the extent of their nominal power. What is most important today is to distinguish between the general idea of European integration and one particular implementation of that idea, such as the European Union.
      PubDate: 2017-08-16T04:11:12.847193-05:
      DOI: 10.1111/eulj.12206
       
  • ‘Accountable Independence’ of the European Central Bank: Seeing the
           Logics of Transparency
    • Authors: Deirdre Curtin
      Pages: 28 - 44
      Abstract: The European Central Bank (ECB) emerged from the financial crisis not only as the institutional ‘winner’ but also as the most central—and powerful—supranational institution of our times. This article challenges the so-called ‘accountable independence’ of the ECB across the range of tasks it carries out. Citizens ‘see’ the ECB today especially for its role in promoting austerity and its involvement as part of the troika and otherwise in the economic decision making of troubled Member States. Far from ECB monetary policy heralding a ‘new democratic model’, the ECB today suffers from a clear deficit in democracy. In between the grandiose concept of ECB ‘independence’ and the more performative ECB ‘accountability’ lies ‘transparency’. Across the range of ECB practices there is a need to take the related concepts of ‘transparency’ and of (democratic) ‘accountability’ more seriously, both in conceptual terms and in their relationship to one another.
      PubDate: 2017-08-16T04:11:14.504009-05:
      DOI: 10.1111/eulj.12211
       
  • The History of Common Market Law Review 1963–1993
    • Authors: Rebekka Byberg
      Pages: 45 - 65
      Abstract: The transnational organisation of an academic discipline of European law has been a key component in the history of European law. A constitutive element is explored in this article, namely, the journal Common Market Law Review (CML Rev.). General existing claims of a strong connection between the Community institutions and academia in the transnational, academic discipline of European law are substantiated, and it is documented how CML Rev. legitimised the jurisprudence of the ECJ, differentiated European law from international law and countered national criticism as the academic lighthouse of the discipline in the 1960s and 1970s. In the 1980s, other forces drove the academic field forward, and CML Rev. lost its position as the avant-garde in the discipline, but the journal developed a critical stance and rejected the most radical claims of the ECJ on the ultimate authority as part of a development towards professional maturity in the same period.
      PubDate: 2017-08-16T04:11:13.52621-05:0
      DOI: 10.1111/eulj.12201
       
  • Forward or Back: The Future of European Integration and the Impossibility
           of the Status Quo
    • Authors: Ronan McCrea
      Pages: 66 - 93
      Abstract: This article considers how the legal and political order of the EU can cope if the ‘Ever Closer Union’ envisaged by the Treaties ceases to be inevitable. In particular, it focuses on what are the likely consequences if previously successful integration mechanisms such as integration through law (including adventurous pro-integration interpretation by the Court of Justice of the European Union (CJEU)) and functional integration can no longer successfully push forward the integration process. It considers whether it is possible for the Union to ‘stand still’, that is, to maintain the current level of integration without either moving forward to more intensive integration or engaging in costly and disruptive disintegration. In order to substantiate this claim, the article looks at three areas, the law of citizenship, the Eurozone and the legislative structures of the Union, showing in each case that the neither the current degree of integration nor methods used in recent times to move the integration process forward provide a long term basis for policy.
      PubDate: 2017-08-16T04:11:12.307632-05:
      DOI: 10.1111/eulj.12207
       
  • Going Unnoticed' Diagnosing the Right to Asylum in the Charter of
           Fundamental Rights of the European Union
    • Authors: Salvatore Fabio Nicolosi
      Pages: 94 - 117
      Abstract: Article 18 of the Charter of Fundamental Rights of the European Union enshrines the right to asylum. Nonetheless, despite its ‘constitutionalisation’ within primary law, asylum remains a far too amorphous right, whose axiological potential has gone virtually unnoticed in the ongoing migratory crisis. The paper will argue that this is partly due to the fact that the Court of Justice on a few occasions has declined to clarify the scope of Article 18. The provision at issue therefore remains a pathological element that requires an adequate diagnosis on which accurate prognoses can be based. In an attempt to diagnose the right to asylum enshrined in Article 18 of the Charter of Fundamental Rights of the EU, this paper will compare different hermeneutical approaches and reflect on the contextualisation of the mentioned provision through the lens of domestic and EU case law and in the light of the recent EU–Turkey Statement. The article will ultimately propose to interpret the EU asylum legislation as instrumental to the effective exercise of the right to asylum.
      PubDate: 2017-08-16T04:11:11.805223-05:
      DOI: 10.1111/eulj.12226
       
  • Competing Supremacies and Clashing Institutional Rationalities: the Danish
           Supreme Court's Decision in the Ajos Case and the National Limits of
           Judicial Cooperation
    • Authors: Mikael Rask Madsen; Henrik Palmer Olsen, Urška Šadl
      Pages: 140 - 150
      Abstract: On 6 December 2016, the Supreme Court of Denmark (SCDK) ruled on the grounds of Ajos case. The ruling concerned the scope of the principle of non-discrimination on the grounds of age and whether a national court could weigh the principle of non-discrimination on grounds of age against the principles of legal controversy, as the protection of legitimate expectations. The ruling has caused a great deal of controversy as the SCDK defied clear guidelines from the Court of Justice of the European Union (CJEU) in the ruling. Moreover, the case has been seen by some as an example of a new ‘sovereigntism’ in Danish law that is at odds with the project of European integration through law. This article explains the case from both an EU law and Danish constitutional law perspective. It concludes by providing a set of explanations of the new course of the SCDK in its relationship with the EU.
      PubDate: 2017-08-16T04:11:13.246113-05:
      DOI: 10.1111/eulj.12215
       
  • 2018 European Law Journal Special Issue Call for Papers
    • Pages: 151 - 151
      PubDate: 2017-08-16T04:11:12.803469-05:
      DOI: 10.1111/eulj.12240
       
 
 
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