Página 1 dos resultados de 227 itens digitais encontrados em 0.121 segundos

International Lending, Sovereign Debt and Joint Liability : An Economic Theory Model for Amending the Treaty of Lisbon

Basu, Kaushik; Stiglitz, Joseph E.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
76.03%
As the Eurozone crisis drags on, it is evident that a part of the problem lies in the architecture of debt and its liabilities within the Eurozone and, more generally, the European Union. This paper argues that a large part of the problem can be mitigated by permitting appropriately-structured cross-country liability for sovereign debt incurred by individual nations within the European Union. In brief, the paper makes a case for amending the Treaty of Lisbon. The case is established by constructing a game-theoretic model and demonstrating that there exist self-fulfilling equilibria, which would come into existence if cross-country debt liability were permitted and which are Pareto superior to the existing outcome.

The Treaty of Lisbon: Implementing the institutional innovations

KURPAS, Sebastian; CRUM, Ben; DE SCHOUTHEETE, Philippe; KELLER, Jacques; DEHOUSSE, Franklin; ANDOURA, Sami; MISSIROLI, Antonio; HAGEMANN, Sara; BRIBOSIA, Herve
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Livro
EN
Relevância na Pesquisa
46.11%
Over the last two years much intellectual energy has been devoted to the analysis of, and the potential solutions to, the constitutional impasse resulting from the failure to ratify the treaty signed in Rome on 18 June 2004. The European Council held in Brussels in June 2007 gave a conclusion to that eff ort by drafting a mandate which was to be “the exclusive basis and framework” for the work of a forthcoming Intergovernmental Conference drafting a “Reform treaty”. That conclusion was rightly considered to be a great success for the German presidency. The fact is that, over that two year period, much less attention has been given to the practical implementation of new institutional proposals included in the proposed treaty. Even a cursory examination indicates that the implementation of some of these proposals is likely to be uneasy, and in some cases could be a source of future problems or difficulties. This is why three Brussels based think-tanks have thought it useful to join eff orts in analysing potential implications of the most significant proposals in the field of institutions. Seven issues have been identified, shared out and debated in working groups, and this publication contains the results of that collective eff ort. Our aim is to highlight...

Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement. Is there any room for further speculation?

PETROV, Roman
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
55.9%
The paper conducts a critical analysis of the potential legal basis and scope of the future European Union (EU)-Ukraine enhanced agreement. Accepting that the most probable and most beneficial possibility for Ukraine is to conclude an association agreement with the EU on the basis of Article 310 EC Treaty (EC), it is argued that the objectives of the enhanced co-operation between the EU and Ukraine - as expected and desired by the Ukrainian political élite - could be achieved by a partnership agreement concluded on the basis of Article 181a EC. Furthermore, if the new enhanced EU-Ukraine agreement were concluded as a partnership agreement, it might be better suited for the solving of certain political and legal challenges in contemporary EU-Ukraine relations. First, a new enhanced agreement concluded on the basis of Article 181a EC would not entail unjustified political expectations - on the part of Ukraine - of obtaining the perspective of full EU-membership in the near future. Second, a future EU-Ukraine partnership agreement would be the best option for a “transitional” enhanced agreement before the Treaty of Lisbon enters into force. Third, a future partnership agreement between the EU and Ukraine will not undermine the fundamentals of the evolving strategic partnership between the EU and Russia.

Enhanced Cooperation and the Common Foreign and Security and Defence Policies of the EU

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
56.23%
The aim of this paper is the study of the enhanced cooperation mechanism in the framework of the Lisbon Treaty as it applies to the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP) of the EU. The concept of enhanced cooperation was introduced into the EU Treaty structure by the Treaty of Amsterdam, although initially the CFSP was excluded. The Treaty of Nice extended a limited possibility of enhanced cooperation to the CFSP, while still excluding from its scope all ‘matters having military or defence implications’. The Treaty of Lisbon, at the same time as emphasising solidarity and the building of a common policy, accepts the extension of enhanced cooperation and flexibility into the defence sphere. The object of this paper, as well as outlining the ways in which enhanced cooperation has applied to the CFSP and the ways in which this will be affected by the Treaty of Lisbon, is to examine the extent to which foreign policy, security and defence lend themselves to enhanced cooperation and other forms of flexibility. The conclusion is that there is a need to distinguish between foreign policy and defence; the development of an active and credible EU foreign policy cannot readily accommodate differentiated integration as it depends for its force not primarily on either legally binding instruments or coercion but on political weight. On the other hand...

The Future of the EU Cultural Policy in the Protection of Intangible Cultural Heritage

LIXINSKI, Lucas
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
EN
Relevância na Pesquisa
46.17%
The protection of cultural heritage, especially of the intangible type, is a growing international concern. International legal instruments and policy initiatives on the protection of cultural heritage multiply worldwide, and we experience a true “heritage fever”. Considering this scenario, it is only to be expected that the European Union is also involved in the protection of cultural heritage. Article 151 of the current Treaty Establishing the European Community lays down the provisions on the protection of culture and cultural heritage for the EC. It mentions cooperation among Member States, and the special significance of a common European cultural heritage. The Treaty of Lisbon (2007), to enter into force, makes only small changes to this provision, and the amended Treaty on the Functioning of the European Union will keep the provision that determines the exclusion of the harmonization of laws and regulations in the Member States in cultural matters from the reach of the EU. This paper will analyze the current state of affairs of the cultural policy of the EU in terms of protection of cultural heritage, and will assess whether the maintenance of the current policy under the Lisbon Treaty is positive. I argue that the EU, as an international player of great importance...

Reflections on the Legal Role of the Irish Parliament (Oireachtas) in EU Affairs After Lisbon

FAHEY, Elaine
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
76.32%
The process of the first failed referendum in 2008 on the Treaty and the extensive political campaign to ratify the Treaty of Lisbon a second time around brought with it a tremendous period of reflection not merely for the Irish State, but also Irish institutional actors, scholars and civil society alike incomparable to any time in previous history. Many recommendations were made in this period by this broad church of entities to reform Irish “Euro-affairs,” re-evaluating several fundamental and broad ranging themes such as the Government referendum spending rules, referendum broadcasting rules and critically, the role of the Oireachtas (Irish Parliament) in European Union affairs. The new powers bestowed upon National Parliaments by the Treaty of Lisbon are then considered, as are the activities and report of the Sub-Committee of the Houses of the Oireachtas on Ireland’s Future in the European Union. The initial proposals of the Oireachtas to accommodate the Treaty of Lisbon changes are then assessed, followed by an analysis of the provisions of the European Union Act 2009 and the changes to the role of the Oireachtas after the Treaty of Lisbon. Then the Joint Report on the Implementation of the Lisbon Treaty: Provisions on the Enhanced Role for National Parliaments is outlined...

Coherence Through Law: What Difference Will the Treaty of Lisbon Make?

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
EN
Relevância na Pesquisa
66.27%
Despite the simplification offered by the Lisbon Treaty in establishing a single European Union with a single legal personality and a single set of principles and objectives for the EU’s external action, the structural complexity inherent in the Union system will largely survive. In the process of treaty reform that started with the Laeken Declaration in December 2001 and ended with the Treaty of Lisbon, signed in October 2007, the coherence of the Union’s foreign policy has been one of the recurrent themes. The Laeken Declaration already asked, "how should a more coherent common foreign policy and defence policy be developed?" and raised the issue of foreign policy coherence expressly twice, first in the context of the organisation of Union competence and its relation to that of the Member States and second in the context of institutional and decision-making efficiency. It could be argued from the analysis undertaken here that the innovations the Lisbon Treaty introduces, both structural and institutional, give prominence to rules of delimitation and to the principle of complementarity in both vertical and horizontal dimensions of coherence. Despite the prominence given to the new institutional mechanisms, it could be that the most important element of the Treaty of Lisbon from the perspective of foreign policy coherence is the clear external mandate given to the Union as a whole in both substantive and instrumental terms. (www.hamburg-review.com)

The Execution of Delegated Powers after Lisbon. A timely analysis of the Regulatory Procedure with Scrutiny and its lessons for Delegated Acts

KAEDING, Michael; HARDACRE, Alan
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
55.81%
The history of comitology – the system of implementation committees that control the Commission in the execution of delegated powers – has been characterised by institutional tensions. The crux of these tensions has often been the role of the European Parliament and its quest to be granted powers equal to those of the Council. Over time this tension has been resolved through a series of inter-institutional agreements and Comitology Decisions, essentially giving the Parliament incremental increases in power. This process came to a head with the 2006 Comitology reform and the introduction of the regulatory procedure with scrutiny (RPS). After just over three years of experience with the RPS procedure, and having revised the entire acquis communautaire, the Treaty of Lisbon made has made it redundant through the creation of Delegated Acts (Article 290 TFEU), which gives the Parliament equal rights of oversight. This article aims to evaluate the practical implications that Delegated Acts will entail for the Parliament, principally by using the four years of experience with the RPS to better understand the challenges ahead. This analysis will be of interest to those following the study of comitology, formal and informal interinstitutional relations...

The Two (or Three) Treaty Solution: The New Treaty Structure of the EU

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Parte de Livro
EN
Relevância na Pesquisa
46.39%
The Treaty of Lisbon is essentially an amending Treaty; it amended the Treaty on European Union and EC Treaty, renaming the latter the Treaty on the Functioning of the EU (TFEU). These amendments are major ones and include the replacement of the EC by the EU. Nevertheless, we do not see, as the Constitutional Treaty proposed, a complete replacement of the previous treaties with a new legal instrument. Instead we have the impression of incremental change through amendment, as has happened many times before. This decision was obviously predominantly driven by the need to demonstrate first that the Treaty of Lisbon is something different from the Constitutional Treaty (and that the public voice evidenced in the negative referendums on the Constitution had been heard), and second that the new Treaty does not in fact make major constitutional changes to the status quo (and that therefore new referendums did not need to be held). On the other hand, the innovations resulting from the 2004 IGC and reflected in the Constitutional Treaty were indeed to be incorporated into the TEU and TFEU. Is the Treaty of Lisbon then merely about presentation, public relations, a purely cosmetic adjustment given that the text of the resulting two Treaties is very similar in essentials to the Constitutional Treaty? This chapter first of all examines the two Treaty solution as established by the Treaty of Lisbon...

The Post-national Constellation of Industrial Relations Systems in the European Legal Order

COMANDÈ, Daniela
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
55.67%
This paper develops a new interpretation of the norms of the Treaty of Lisbon to find the juridical basis for an autonomous system of European industrial relations. In particular, the study explores the question of whether the provisions in EU law (art. 152, 154 and 155 TFEU and art 28 Charter FSR) could constitute a sufficient basis for granting social parties the power to regulate sectors under their competence (such as social policy) through collective bargaining, without the involvement of European institutions. In so doing, the author advances the hypothesis of an extra-institutional system of rule-making, the efficacy of which is measurable over time, depending on the agreement’s degree of propagation, outside of the dual-logic hermeneutic approach (binding vs. non binding). Despite the as yet only embryonic capacity of trade unions to coordinate among themselves, the author gives some examples of the autonomous development of European collective bargaining to support the hypothesis, looking also at the transnational level. In the light of the theoretical framework and autonomous negotiations, the author argues that there is a new mode of normative regulation, made by social partners and aimed at achieving social policy objectives.

Cohérence et action extérieure de l’Union européenne

HILLION, Christophe
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
66.03%
This paper examines the possible contribution of the Treaty of Lisbon to improve the coherence of EU external relations. In particular, it discusses the transformation of the consistency requirement into a structural principle of the EU legal order, and critically assesses related innovations brought about by the new Treaty: e.g. the streamlining of EU external objectives, the rationalisation of the Union’s institutional framework, and the generalisation of the principle of sincere cooperation.

European Defence: Challenges after the Treaty of Lisbon

TEIXEIRA, Nuno Severiano
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Outros Formato: application/pdf; digital
EN
Relevância na Pesquisa
96.27%
This paper argues on European Defence issues, namely, the challenges after the Treaty of Lisbon. The first part analyses, in an historical perspective, the evolution of European defence, from its origins to the implementation of the European Security and Defence Policy, assessing its decade of existence. The second part focuses on the changes brought about by the Treaty of Lisbon and the future challenges faced by the Common Security and Defence Policy at institutional, conceptual and capabilities levels. The third part considers European defence and the transatlantic relationship, in particular the articulation between CSDP and NATO.

Negotiating the Lisbon Treaty : Redistribution, Efficiency and Power Indices

Varela Pedreira, Diego; Prado Domínguez, A. Javier
Fonte: Charles University Prague, Facukty of Social Sciences, Insitute of Economic Studies Publicador: Charles University Prague, Facukty of Social Sciences, Insitute of Economic Studies
Tipo: Artigo de Revista Científica
ENG
Relevância na Pesquisa
46.24%
[Abstract] In this paper, we try to explain the intergovernmental negotiation of the Lisbon treaty from a rational choice perspective with the aid of power index analysis. There are two aspects of the reform of qualified majority voting (QMV) in the Council that we find puzzling. The first one is that, according to Shapley-Shubik index based on the notion of power as the distribution of a fixed prize, small and medium-sized member states have lost power as compared to the Nice treaty, which conflicts with the unanimity requirement for treaty reform. The second one is that, according to the Banzhaf measure based on the notion of power as influence, the Lisbon treaty leaves all member states worse off in absolute terms as compared to the Convention’s draft. We propose the measure developed by Steunenberg et al. (1999) as a possible solution to these paradoxes, and draw some conclusions about the nature of EU policy making and power index analysis.

An Inconvenient Wait: Ireland's Quest for Membership of the EEC, 1957-73

GEARY, Michael J.
Fonte: Institute of Public Administration Publicador: Institute of Public Administration
Tipo: Livro
EN
Relevância na Pesquisa
55.95%
An Inconvenient Wait challenges the traditional view that Ireland’s application for membership of the Community was a response to similar moves by Britain. The author presents a detailed analysis of the domestic and external events that impacted on Dublin’s failed 1961 and 1967 bids for membership. Geary explores, for the first time, the successful 1970-2 enlargement negotiations and evaluates the strengths and weaknesses of Ireland’s negotiating team, led by Patrick Hillery. The book provides an important analysis of the May 1972 Irish referendum, examining the ‘Yes’ and ‘No’ campaigns. The Epilogue delves into the controversial Treaty of Lisbon debate after Irish voters decisively rejected the treaty in June 2008. Is this just another crisis to affect the European integration process or is it something bigger? Where did the Irish government go wrong with Lisbon? How can they get it right? The book attempts to offer timely suggestions to practitioners and the general public. This book is an exploration in policy development and formation in a country on the verge of massive economic and political, if not social, change. It traces the changing stance of Ireland’s historically comfortable and preferred position of economic dependence...

Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

SHAW, Jo
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
EN
Relevância na Pesquisa
55.67%
EUDO Citizenship Observatory; This paper explores the different ways in which citizenship has played a role in polity formation in the context of the European Union. It focuses on both the ‘integration’ and the ‘constitution’ dimensions. The paper thus has two substantive sections. The first addresses the role of citizenship of the Union, examining the dynamic relationship between this concept, the role of the Court of Justice, and the free movement dynamic of EU law. The second turns to citizenship in the Union, looking at some recent political developments under which concepts of citizenship, and democratic membership as a key dimension of citizenship, have been given greater prominence. One key finding of the paper is that there is a tension between citizenship of the Union, as part of the EU's ‘old’ incremental constitutionalism based on the constitutionalisation of the existing Treaties, and citizenship in the Union, where the possibilities of a ‘new’ constitutionalism based on renewed constitutional documents have yet to be fully realised

The Affordability of Energy: How Much Protection for the Vulnerable Consumers?

BARTL, Marija
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
EN
Relevância na Pesquisa
55.67%
Affordability is a new 'alien' concept penetrating the field of contract and consumer law as one of the obligations related to the provision of 'universal services' or 'public service' in the context of services of general economic interest. Affordability becomes an important element of the European social model (using Scharf's terminology; Scharf, J Common Mark Stud 40:645-670, 2002) and its constitutional dimension will be confirmed by the Treaty of Lisbon and the Charter of Fundamental Rights of the European Union (EU). The major European Commission policy tool for ensuring the Affordability of Energy Supply is, on the one hand, functioning competition, which should bring about reasonable prices in general, and on the other hand, regulation targeted at so-called vulnerable consumers. First tested in the UK, it was later spread mainly by the requirements of the Second Energy Package in other Member States (MS). The Third Energy Package (to be implemented by March 2011) further develops this idea and clarifies the set of obligations that the protection of consumers and ensuring the Affordability of Energy Supply require in the understanding of the EU legislator. One could speculate to what extent this is a reaction to the fact that some MS and...

A Green Way Out? or The Effects of Environmental Protection on the Public Enforcement Mechanism

BORZSÁK, Levente
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
EN
Relevância na Pesquisa
55.82%
Defence date: 11 July 2008; Examining board: Gráinne de Búrca (EUI Supervisor) ; Bruno de Witte (EUI) ; Jane Holder, University College London ; Sybille Grohs, European commission, DG ENV; This thesis argues that the present provisions on public enforcement are inadequate for the effective promotion of compliance with Community law and seeks to provide solutions in order to improve them. Article 226 and 228 EC are both cumbersome and lengthy, particularly with regard to environmental protection. In order to reach this conclusion, the thesis reviews the subject of the enforcement procedure, the infringement itself. It gives a definition of compliance and offers reasons why and how Member States comply or fail to comply with Community rules. It analyses the Commission's role in applying the public enforcement mechanism, before it reviews the problems occurring in the application of Article 228, as the “ultima ratio ultimae rationis” in infringement procedures. Although the Commission attempted several times to clarify the application of that Article, there are still open questions. Environment is the field of law which produces the most enforcement problems and if we find solutions to them, we may be able to use the experiences in other sectors...

Invariably Suboptimal - An attempt to improve the voting rules of Treaties of Nice and Lisbon

Kirsch, Werner; Langner, Jessica
Fonte: Universidade Cornell Publicador: Universidade Cornell
Tipo: Artigo de Revista Científica
Relevância na Pesquisa
46.15%
We investigate the voting rules in the Council of the European Union. It is known that the current system, according to the Treaty of Nice, and the voting system proposed in the Lisbon treaty both strongly deviate from the square root law by Penrose. This is known to be the ideal voting rule under certain assumptions. In 2004 Slomczynski and Zyczkowski designed a voting system, now known as the Jagiellonian Compromise. It satisfies the square root law with very high accuracy. Each member state in this system obtains a voting weight proportional to the square root of the population. Additionally the quota is fixed in such a way that the voting power of each country is also proportional to the square root of the population. In this paper we investigate to which extent a change of the quota in the Treaty of Nice and the Treaty of Lisbon may bring the voting power closer to the ideal square root distribution. Our computations show that even with optimal quota both systems are way off the ideal power distribution.; Comment: 23 pages, 5 figures, 6 tables

Cooperation in criminal matters in the European Union; Cooperação penal na União Européia

Borges, Talitha Viegas
Fonte: Universidade de São Paulo. Faculdade de Direito Publicador: Universidade de São Paulo. Faculdade de Direito
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 01/01/2010 POR
Relevância na Pesquisa
66.19%
This article attempts to present a general framework on the cooperation in criminal matters within the European Union. Currently, this cooperation is embedded within a broader idea of a space of freedom, security and justice. The following work first traces the historical background in order explain how the cooperation on criminal matters reached its current stage. The discussion of this cooperation at an international level suffered from an initial reluctance from the Member States. Today, however, the EU obtained its own competence to decide on cooperation in criminal matters. This article further analyses the major changes introduced by the Lisbon Treaty, which entered into force on December 1st of 2009. It also examines the instruments available in order for the EU to implement the cooperation among its Member States regarding criminal matters. Not only did the Treaty of Lisbon confer a legal personality to the EU, it also conceded the EU supranational attributes, so that decisions on cooperation in criminal matters are now subject to majority approval. Therefore, as a rule, consensus is no longer necessary for the adoption of measures on cooperation in criminal matters. In addition, the Lisbon Treaty broadened the scope of work of the European Union. It´s actions; however...

Political Union or space of economic coordination: the European integration project indefinability and the Treaty of Lisbon; União política ou espaço de coordenação econômica:a indefinição do projeto de integração europeu e o Tratado de Lisboa

Kegel, Patrícia Luiza; Fundação Universidade Regional de Blumenau; Amal, Mohamed
Fonte: Fundação José Arthur Boiteux Publicador: Fundação José Arthur Boiteux
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; Formato: application/pdf
Publicado em 13/09/2010 POR
Relevância na Pesquisa
56.22%
The aim of the present study is, in the light of the challenges faced by the EU regional integration, to evaluate the general framework of reforms proposed by the Lisbon Treaty. More specifically, to analyze the effects of the institutional, economic and political dimensions on the dynamic of the reform process of integration. The results of the study show that in term of the configuration of the European regional integration process, three main omissions can be observed: democracy deficit, competences distributions between the EU and the member states, and, finally, the challenges of efficiency in term of decision making and implementation. The Lisbon Treaty represents a general framework to overcome all those limitations and to keep also a balance between federal and intergovernamental tendencies. Nevertheless the Irish No to the treaty and the skeptic among many other member-states reviewed the discussion about the concept and strategy of integration framework: just a coordination of an economic space or a political union.; http://dx.doi.org/10.5007/2177-7055.2008v29n57p153O objetivo do presente estudo é, à luz dos desafios enfrentados pelo processo de integração regional da União Européia...