Union européenne

Introduction

Beyond the Westphalian Paradigm

Vingt-sept États européens ont créé entre eux une Union européenne (UE) à laquelle ils ont confié certaines compétences pour atteindre des objectifs communs. Ces objectifs comprennent la promotion de la paix, le bien-être des peuples, et la promotion de certaines valeurs communes : le respect de la dignité humaine, la liberté, la démocratie, l'égalité, l'État de droit et le respect des droits de l'homme, y compris les droits des personnes appartenant à une minorité.  L'UE a aussi pour but d'offrir à ses citoyens une zone de liberté, de sécurité et de justice sans frontières intérieures, et un marché intérieur économiquement sain et durable. L'Union a mis en place une Union économique et monétaire dont la devise est l'euro. L'Union a également développé une politique étrangère et de sécurité commune. Dans ses relations avec le reste du monde, l'Union proclame et promeut ses intérêts et contribue à la protection de ses citoyens. L'Union dispose d'un cadre institutionnel qui a pour tâche de promouvoir les valeurs de l'UE, de réaliser ses objectifs, et de servir les intérêts des citoyens de l'UE et des États membres, à l'intérieur comme à l'extérieur de l'Europe. Les organes législatifs de l'UE sont le Parlement européen et le Conseil de l'Union européenne. La Commission est son organe exécutif.  La Commission veille à l'application du droit de l'Union par les États membres, et la Cour de justice de l'Union européenne, en tant qu'organe judiciaire de l'UE, veille à ce que les États membres appliquent correctement le droit de l'UE. La Banque centrale européenne veille au maintien de la valeur de l'euro et veille à la stabilité des prix dans la zone euro.

Le présent guide de recherche se veut un point de départ pour mener des recherches sur l'Union européenne. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 53a1. Union européenne généralités et le mot-matière (mots-clefs) Union Européenne permettent d'effectuer des recherches dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.

Bibliographie

Reference works

Relevant books

Articles

Documents

 Periodicals, serial publications

Bibliographies

Add comments -for instance if you think we missed something, or just to express your thoughts- about the bibliography in this research guide:

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Choix de bibliothécaire

  • Daniele, L., Diritto dell'Unione europea: sistema istituzionale, ordinamento, tutela giurisdizionale, competenze, Milano, Giuffrè Editore, 2018.

    Daniele, L., Diritto dell'Unione europea sistema istituzionale, ordinamento, tutela giurisdizionale, competenze, Milano, Giuffrè Editore, 2018.

    Al giorno d'oggi, l'impatto del diritto dell'Unione si avverte in tutti i settori del diritto. Oltre ad ambiti per i quali il diritto unitario rappresenta da molti anni una presenza rilevantissima (diritto societario, diritto della proprietà industriale, commerciale e intellettuale, diritto del lavoro, diritto dei contratti pubblici, diritto delle imposte indirette, diritto dei trasporti e della navigazione, diritto internazionale privato e processuale, diritto dell'immigrazione), in tempi più recenti si è sviluppato un corpus di norme europee di grande importanza nel campo del diritto e della procedura penale e persino in quello del diritto di famiglia. Basti pensare al mandato d'arresto europeo e alla appena approvata Procura europea o EPPO, secondo l'acronimo inglese.

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  • Stuart, E. and Roginska-Green, I., Sixty Years of EU State Aid Law and Policy: Analysis and Assessment, Alphen aan den Rijn, Kluwer Law International, 2018.

    Stuart, E. and Roginska-Green, I., Sixty Years of EU State Aid Law and Policy: Analysis and Assessment, Alphen aan den Rijn, Kluwer Law International, 2018.

    Sixty Years of EU State Aid Law and Policy: Analysis and Assessment provides a critical review of State aid, from its evolution to the practical implementation of current rules. If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts and judicial decisions concerning State aid can be understood and applied to specific situations.

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  • Clausen, F., Les moyens d'ordre public devant la Cour de justice de l'Union européenne, Bruxelles, Bruylant, 2018.

    Clausen, F., Les moyens d'ordre public devant la Cour de justice de l'Union européenne, Bruxelles, Bruylant, 2018.

    Le présent ouvrage fournit la première analyse des moyens d'ordre public en droit du contentieux de l'Union européenne. Sont examinés successivement la notion et le régime de ces moyens, grâce à une analyse systématique et fournie de la jurisprudence de la Cour de justice, du Tribunal et du Tribunal de la fonction publique. En passant en revue tous les moyens d'ordre public, leur relevé d'office par le juge, leur invocation par les parties et leur soumission au débat contradictoire, l'ouvrage renseigne également sur les caractéristiques et les principes directeurs des procédures contentieuses relevant des juridictions de l'Union. Cet ouvrage se destine à un public universitaire spécialisé en droit et en contentieux de l'Union européenne et, plus généralement, en droit processuel. Il intéressera par ailleurs tous les praticiens spécialisés dans les contentieux relevant des juridictions de l'Union.

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  • Weber, K. and Ottmann, H., Reshaping the European Union, Baden-Baden, Nomos, 2018.

    Weber, K. and Ottmann, H., Reshaping the European Union, Baden-Baden, Nomos, 2018.

    Das Buch schlägt eine tiefgreifende Reform der EU vor. Defekte der EU werden identifiziert. Die Vorschläge basieren auf den Konzepten begrenzter Supranationalität und einer ausgewogenen Sicht des Nationalstaats. Die EU wird vor allem gebraucht für Frieden, Wohlstand, Kompensation der relativ geringen Größe und begrenzten Macht ihrer Mitgliedstaaten und zur Bewahrung grundlegender Prinzipien der westlichen Zivilisation. Eine ausgewogene Sicht des Nationalstaats bedeutet Erhaltung der Vorteile des gut gestalteten Nationalstaats im Vergleich zur EU sowie Vermeidung von Nationalismus und Krieg.

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  • Ege, J., Bauer, M.W. and Becker, S. (eds.), The European Commission in turbulent times: assessing organizational change and policy impact, Baden-Baden, Nomos, 2018.

    Ege, J., Bauer, M.W. and Becker, S. (eds.), European Commission in turbulent times: assessing organizational change and policy impact, Baden-Baden, Nomos, 2018.

    Die Europäische Union durchlebt turbulente Zeiten. Die Auswirkungen der Banken- und Staatsschuldenkrisen, die aktuellen Migrationsbewegungen sowie der Austritt Großbritanniens sind nur einige der Herausforderungen, die den Zusammenhalt der Europäischen Union gegenwärtig auf eine harte Probe stellen. Vor diesem Hintergrund analysieren die Wissenschaftlerinnen und Wissenschaftler in diesem Band die Europäische Kommission. Ziel ist eine Bestandaufnahme und Neubewertung ihrer Rolle im politischen System der EU, ihrer internen Organisationsstrukturen und Prozesse sowie ihrer Politikgestaltungs- und Implementationsfunktionen.

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  • Cremona, M., Thies, A. and Wessel, R.A., The European Union and International Dispute Settlement, Oxford, Hart Publishing, 2017.

    Cremona, M., Thies, A. and Wessel, R.A., The European Union and International Dispute Settlement, Oxford, Hart Publishing, 2017.

    This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.

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  • Closa, C. (ed.) Secession from a Member State and Withdrawal from the European Union: Troubled Membership, Cambridge, Cambridge University Press, 2017.

    Closa, C. (ed.) Secession from a Member State and Withdrawal from the European Union: Troubled Membership, Cambridge, Cambridge University Press, 2017.

    This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.

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  • Vries, C.E. de, Euroscepticism and the future of European integration, Oxford, Oxford University Press, 2018.

    Vries, C.E. de, Euroscepticism and the future of European integration, Oxford, Oxford University Press, 2018.

    This book examines the role of public opinion in the European integration process. It develops a novel theory of public opinion that stresses the deep interconnectedness between people's views about European and national politics, and suggests that public opinion cannot simply be characterized as either Eurosceptic or not, but rather consists of different types. This is important because these types coincide with fundamentally different views about the way the EU should be reformed and which policy priorities should be pursued. These types also have very different consequences for behaviour in elections and referenda. Euroscepticism is such a diverse phenomenon because the Eurozone crisis has exacerbated the structural imbalances within the EU.

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Database

EUR-Lex provides free access to European Union law and other documents considered to be public. The collection  include  treaties, international agreements, legislation in force, preparatory acts, case-law and parliamentary questions.

The European e-Justice Portal implemented by the Commission in very close cooperation with EU countries, provides a wealth of information and links on laws and practices in all EU countries. The resources range from information on legal aid, judicial training, European small claims and videoconferencing to links to legal databases, online insolvency and land registers. It also includes user-friendly forms for various judicial proceedings, such as the European order for payment. The portal benefits citizens, businesses, lawyers and judges with cross-border legal questions and boosts mutual understanding of different legal systems by contributing to the creation of a single European area of justice.

Blogs

  • Saving the Spitzenkandidaten System

    The Spitzenkandidaten-contest is a game, which both the European Parliament and the European Council still have to learn. The difficulty both players are facing is that the rules of the game are unclear, if not contradictory. As each player of board games knows, disputable rules are a recipe for controversy and disappointment. No wonder, then, that the political emotions about the decision of the European Council to propose a non-playing candidate for the presidency of the European Commission are running high.

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  • The Rise of European Democracy as Challenge for the European Parliament

    The evolution of the European Union offers a fine example of the law of the handicap of the head start. The example in point has been accentuated by the jump forward in the evolution of European democracy, which the 2019 elections for the European Parliament brought about. In my previous blog I argued that, thanks to the 2019 EP-elections, European democracy has come of age. Many observers believe that the so-called Spitzenkandidaten practice has played a major role in the outcome. The lead candidate procedure was introduced at the 2014 EP-elections and implies that each party will be represented at Union level by one candidate.

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  • European Democracy Coming of Age

    The process of cooperation in Europe, which started in the aftermath of World War II, has resulted in the emergence of an unprecedented political construction on the old continent. Initially, the debate about the nature of the European Communities and their successor the European Union, was dominated by the dilemma as to whether the integration should lead to the creation of a federal state, to be described as the United States of Europe, or to the establishment of a Europe of Nation-States, proudly portrayed by President de Gaulle as ‘l’Europe des Patries. After decades of deadlock, the 2007 Lisbon Treaty overcame the conceptual stalemate by constructing the EU as a democracy without turning the Union into a state.

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  • Brexit progress? House of Commons says NO

    Today is the set date in the Withdrawal Agreement with the European Union, the United Kingdom is allowed formally to leave the European Union (Brexit).

    However, the British Parliament (House of Commons) has to give her approval to Theresa May’s deal. The British Prime minister has even offered to resign, if the House of Commons would vote for her deal. Nevertheless, the House of Commons has shown many ‘NO’ ‘s even to options discussed and proposed within the Parliament.

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  • Brexit, Yellow Vests and Subsidiarity

    A spectre of discontent is haunting Europe. Brexit and the yellow vests are symbolising the anger of citizens at the EU. The feelings of dissatisfaction are fuelled by the paradox that global companies are hardly paying any taxes within the EU, whereas the citizens are increasingly confronted with higher burdens, notably with more VAT, longer working years and rises in indirect taxes. At the same time, the EU has achieved unprecedented results. It has created an area of freedom, security and justice for its citizens, which is unique in the world.

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  • Brexit and the Solution of the EU Conundrum

    If anything good comes from Brexit, it may well be that the bold Brexiteers have contributed inadvertently to the solution of one of the longest-standing conceptual problems of the EU, namely the conundrum concerning the nature and the purpose of the European Union. The riddle has been paralysing political thought about the EU and its predecessors for decades. Generations of theorists have argued that the EU should either become a federal state or take the shape of a confederal organisation of states. As it is obvious that today’s Union has neither assumed the form of a state nor that of an organisation of states, the conundrum appears to be perfectly insolvable.

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  • The Maastrichtian Model of Transnational Relations

    Twenty-five years after the entry into force of the Treaty of Maastricht a new model of inter- or transnational relations has come to light. It has been discerned by our guest blogger Jaap Hoeksma and it is based on the Theory of Democratic Integration, which he has developed in his blogs on this website. The new model has emerged in deviation of the prevailing Westphalian System of International Relations and may be described as the Maastrichtian Model of Transnational Relations.

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  • IALL 2018 - Law in Luxembourg – Where Local Tradition Meets European and International Innovation

    From Sunday September 30th to Wednesday October 3rd, 2018, the annual conference of the International Association of Law Libraries (IALL) took place in the Grand Duchy of Luxembourg in collaboration with the Max Planck Institute for International, European and Regulatory Procedural Law (MPI LUX). The city of Luxembourg is home to many EU institutions. The Court of Justice of the European Union (CJEU) is the best-known EU institution and iconic for the development of European legislation. Luxembourg was a forerunner and a strong supporter of European political and economic integration. Robert Schumann, the famous Luxembourg citizen, stood at the cradle of European unity. The theme of this year’s IALL Conference was “the law in Luxembourg where local traditions meet European and international innovation”. On Sunday 30 September the program started with a pre-conference workshop on robots in libraries.

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  • The Theory of Democratic Integration as Philosophical Foundation for European Democracy

    On the eve the 2019 EP-elections the European Council will meet in the Romanian city of Sibiu in order to address the most pressing challenges for the EU-after-Brexit, notably the question as to how the democratic character of the Union can be strengthened. Is it at all possible for international organisations to function on a democratic footing? Against this background the collection of essays and articles about political theory and the European Union, which Richard Bellamy and Joseph Lacey have edited, has been published at a most convenient time.

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  • European Democracy and #EURoad2Sibiu

    If the Commission Juncker is to deserve a place in history, it may well be because of its efforts to democratize the EU. At the start of its term in 2014, the Commission Juncker included ‘democratic change’ in its ten policy priorities and towards the end of its time in office it has submitted a Roadmap for a more united, stronger and more democratic Union. The roadmap must lead to a meeting of the European Council in 2019 in the Romanian city of Sibiu and citizens are invited to participate in the debate via #EURoad2Sibiu.

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  • Bees at Risk: Near-total Ban of Neonicotinoids Backed by ECJ

    On Thursday 17 May 2018 the Court of Justice of the European Union backed a near-total ban of three pesticides, also called neonicotinoids (clothianidin, thiamethoxam and imidacloprid), because of their scientifically proven serious harmful effect on the health of both wild bees and honey bees. Neonicotinoids are part of a class of insecticides that damage the central nervous system of insects that result in paralysis and death.

    Bayer and Syngenta, the manufacturers of these three types of insecticides went to the Court in 2013 to stop the ban of these chemicals. But the Court dismissed “in their entirety the actions brought by Bayer and Syngenta in relation to the neonicotinoids clothianidin, thiamethoxam and imidacloprid.”

    After an extensive updated assessment which was based on more than 1,500 studies, involving wild bees (bumblebees, solitary bees) and honeybees, the European Food Safety Authority concluded that these three insecticides are harmful for bees. These pesticides can no longer be used in the open field but their use is still allowed inside permanent greenhouses.

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  • May We Have Your Consent?

    On May 25th, 2018, the General Data Protection Regulation (GDPR) will come into effect. One of the major areas of change, is that companies will need the customer’s consent for having their personal data and sending emails about newsletters. The GDPR requires that consent should be “freely given, specific, informed and unambiguous”. The Peace Palace Library like to be in accordance with the GDPR. We are keen to continue informing you and inviting you to our lectures and events in the future, but require your permission to do so. You will receive an email for your consent. Without your permission the Peace Palace Library will not be able to send you any emails with latest news, events of lectures. So if you like us to continue informing you about our services, new titles, our latest news, lectures and events, please give us your consent!

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  • EU and Mexico Reach New Agreement on Trade

    Saturday, 21 April 2018, the European Union and Mexico reached an agreement on a new free trade deal. “With this agreement, Mexico joins Canada, Japan and Singapore in the growing list of partners willing to work with the EU in defending open, fair and rules-based trade,” said European Commission President Jean-Claude Juncker. The EU and Mexico wanted to update a trade deal agreed 21 years ago that largely covers industrial goods. The European Union and Mexico agreed in 2015 to modernize their trade relations and held two rounds of talks last year. The election of U.S. President Donald Trump has reinforced Mexico’s need to reduce its reliance on the U.S. imports and exports.

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  • Revolutionary Breakthrough in EU Research

    The debate about the future of Europe has been deadlocked ever since the start of the process of European integration in the midst of the 20th century. According to one school of thought the process had to result in the emergence of a federal State of Europe, while another theory held that the participating states should aspire to form a Europe of Nation States or a Europe des Patries. Both theories underlined that there were no other options available. The present blog aims to demonstrate that both theories are outdated and have to be replaced.

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  • European Sovereignty

    As newly elected President of the French Republic, Emmanuel Macron has made his mark on the debate about the European Union by introducing the term European sovereignty. In his speech at the Sorbonne of 26 September 2017 he elaborated his vision on European sovereignty in detail. The reason why this term raises distrust among lawyers is that it contains an apparent contradiction. Sovereignty in Europe rests with the member states, not with the Union. According to the highest constitutional court of Germany, the member states are the ‘masters of the treaties’, not the Union. So, has President Macron merely launched a political slogan or will closer examination reveal that his approach gives fresh impetus to the smouldering debate about the future of Europe?

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  • Breakthrough in the Debate about the Nature of the EU

    In January 2013, PM David Cameron delivered a speech on Europe in which he announced his decision to give the people a say on British membership of the EU. His address, which triggered a series of blogs on this website about the nature of the EU, contained a remarkable dichotomy. In the ensuing debate, the EU proved to be unable to defend itself against the accusations of its opponents that it forms a ‘Fourth Reich’, a modern Leviathan or even the reincarnation of the medieval Golem of Prague.

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  • EU General Data Protection Regulation: Privacy and Data Protection revisted!

    On May 25 2018, the 1995 Data Protection Directive will be replaced by the General Data Protection Regulation (GDPR). This new regulation will have impact on the whole of the EU Zone which currently spans 28 member countries and half a billion citizens. The new regulation aims to harmonise how data is handled across the whole of the EU, but will affect organisations inside or outside the EU Zone. The data protection world has changed radically over the past 20 years. This new regulation will bring crucial changes. This blog is an introduction to this important new General Data Protection Regulation.

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  • The Blind Spot of the White Paper

    It is conventional wisdom in Brussels and the wider European Union that a good crisis should never be wasted. Since the start of this century, however, the European Union has been besieged by such a variety of crises that it seems to be haunted by its own version of the ten biblical plagues. The constitutional crisis, which had been caused by the rejection of the so-called Constitution for Europe in 2005 by the French and Dutch electorates, was solved through the Lisbon Treaty of 2007. Hardly had the new treaty entered into force or the financial or sovereign debt crisis erupted. It pushed the euro and the EU to the brink of collapse, but the migration crisis was already pressing before the euro crisis had been brought under control. This combination of crises resulted in a Crisis of Confidence between the EU and its citizens.

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  • Essay on the Future of the European Union

    The lesson of Brexit The erosion of trust in the EU has been galvanised by the Bloomsberg Speech on Europe of 23 January 2013, in which Prime-Minister David Cameron announced his intention to organise a referendum about British membership of the EU. In his speech Mr Cameron created a peculiar dichotomy, which the EU has […]

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  • The Future of the European Union after Brexit

    On March 29th Prime Minister of the United Kingdom (UK) Therese May triggered article 50 of the Treaty on the European Union (TEU) in order to withdraw the United Kingdom from the European Union (EU). Just this Tuesday (April 18th) Prime Minister May called for a snap UK election on June 8th 2017 in order to give the people of the United Kingdom a say in whether or not May’s government is acting in the right way in the Brexit negotiations. This blog analyzes some possible implications of the Brexit, according to the European Commission’s White Paper on the future of Europe in 2025.

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  • A Present for the EU at 60

    On the eve of the 60th anniversary of the Treaties of Rome, the EU seems to be besieged by problems, challenges and disasters. Recently, leading proponents of the EU expressed the belief that their Union is tormented by a modern version of the biblical plagues of Egypt. However, the EU will be well-advised to use the occasion for taking a long, hard look at itself. Notably, the way in which the EU presents itself on the Europaserver is indicative for its lack of self-confidence.

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  • After Brexit a Citizens' Declaration

    Although EU citizenship has become one of the most distinctive symbols of the European Union since its foundation in 1992, the majority of UK voters have decided to leave the EU and to relinquish their rights as citizens of the Union. As discontent in other member states is growing too, the European Council should shed new light on the relation between the EU and its citizens through the adoption of a Citizens’ Declaration at its earliest opportunity. Guest blog by Jaap Hoeksma, author of the EU-monograph: From Common Market to Common Democracy.

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  • Launching a New Article 1 Treaty on European Union

    As the late Umberto Eco already suggested, a library is not merely a collection of books, but also forms an intellectual meeting place. In the past scholars used to meet each other at the lender’s desk or in the reading room. Thanks to the digital innovations of the last decades, the Peace Palace Library blogs have become a breeding place for innovative ideas in the field of International and European Law. Thousands of visitors of the PPL-website are using the opportunity to read the weekly blogs and to contribute to development of new approaches and, indeed, of paradigm shifts.

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  • From Common Market to Common Democracy

    Almost twenty five years after its foundation in 1992 the EU has established itself as a new polity in international law with an own and distinct model of governance. Contrary to the expectations of the signatories of the Maastricht Treaty the EU has neither become a state nor a free trade zone. The EU is not a State because sovereignty in the polity remains with the member States. According to the EU Court of Justice the EU is even ‘by its very nature precluded from being regarded as a State’.

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  • Welcoming a New Model of Democracy

    Celebrating International Democracy Day on the 15th of September, the Peace Palace Library takes pleasure in announcing the emergence of a new model of democracy. Guest blogger Jaap Hoeksma continues his series of blogs about the European Union by submitting that the EU has overcome the deadlock in the debate about its future. He argues that, from a citizens’ point of view, the aim of the EU is neither to become a sovereign State of Europe nor to form a Europe of sovereign States, but rather to function as a European democracy.

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  • The EU Migration Crisis and Moral Obligations

    The European Union is currently coping with the world’s biggest migrant crisis since World War II. A record number of 107,500 migrants reached the EU’s borders last month.Large numbers of desparate migrants and refugees from the Middle East and Africa are trying to enter the European Union every day. Apart from this there are also many illegal immigrants who have entered the EU undetected. A conserable number of them have died during their attempt. According to a report of the UNHCR, around 2500 migrants who were trying to reach and enter the European Union have died or gone missing in the past year.

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  • Concretizing Transnational Democracy

    In his Models of Democracy, initially published in 2006, David Held submitted that in the 21st century democratic institutions must be developed at regional and global levels as a necessary complement to those at the level of the nation-state. A few years earlier Tony McGrew distinguished in his seminal essay on Transnational Democracy between four different accounts of transnational democracy rooted in the distinctive traditions of democratic thought, namely liberal-internationalism, radical democratic pluralism, cosmopolitanism and deliberative democracy. Whereas Held and McGrew discussed transnational democracy primarily as abstract concepts, Habermas suggested in 2014 that the European Union has to become a transnational democracy.

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  • Wine and... European Law?!

    At first glance wine and European Law don’t have to do much with each other. However, when one analyzes the relationship in depth, the legal aspects of wine have been (and still are) significantly important for the legal integration of the European Union and the creation of the common market. This blog focuses on these legal aspects in four judgments of the European Court of Justice and its predecessors.

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  • In Want of Democratic Legitimacy: Four Presidents searching for the Soul of Europe

    In the midst of the crisis concerning the place of Greece in the Economic and Monetary Union (EMU) and the European Union (EU), the European Council will discuss a report on better economic governance in the Euro Area. As the ‘analytical note’ has been drafted by the Presidents of the European Commission, the Council, the Euro Group and the ECB, the report is referred to in inner circles as the Four Presidents’ Report.

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  • The Data Retention Saga: Dutch Court Declared National Data Retention Law Invalid!

    On March 11, 2015, the district court of The Hague in the Netherlands declared the country’s 2009 Telecommunications Data Retention Act invalid. This decision was a foreseeable effect because of a previous judgement of the Court of Justice of the European Union concerning the annulment of the European Directive on data retention on April 8, 2014. It seems now that European Member States are starting to face the consequences of that annulment. The cause of this is the fact that the European judgement did not automatically make national data retention legislation invalid. I will briefly discuss the case of the Dutch national data retention law.

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  • A Soul for Europe

    There is sincere doubt as to whether it will ever be possible to define the European Union. It depends on the perspective of the beholder, which she or he is likely to conclude about the nature of the Union. The present blogger tends to simultaneously agree and disagree with the authors. He concedes that the perspective from which one investigates the European Union, may determine to a large extent the conclusions which that person is likely to draw. The purpose of this blog is to describe the Union from various perspectives in a number of different ways.

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  • The Eurasian Economic Union as a Geopolitical and Economic Counterweight to the European Union: the Case of Armenia

    The Eurasian Economic Union is the next step in Eurasian economic integration. It will function as a common market with a customs union and has the aim of providing the free movement of goods, services, capital and workforce and conducting common policies in key economic sectors, such as energy and agriculture. The EEU was established in 2014 between Belarus, Kazakhstan, and Russia. A the treaty to enlarge the EEU by including Armenia was signed in October. In this blog we’ll discuss the main reasons for Armenia to join the EEU instead of choosing the path of closer cooperation with the European Union.

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  • The Identity of the European Union

    The question concerning the nature of the EU has been one of the most contested political and academic issues of the last fifty years. From the outset, the debate about European integration has been dominated by the dilemma as to whether the project should result in the emergence of a sovereign state of Europe or in the formation of a Europe of sovereign states. This line of thought leads to the suggestion that, anno 2014, the identity of the EU may be described with the following words: the EU is a Union of citizens and member states which functions as a common democracy.

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  • European Court of Justice Clarification of the Research and Private Study Exception to Copyright Infringement for Libraries

    On Thursday 11 September 2014, the European Court of Justice ruled on the meaning of the research and private study exception to copyright infringement for libraries, educational establishments, museums and archives. The Court decided that libraries are allowed to digitise books and make them available to the public at e-reading points within its vicinity, without the author’s permission. The judgment was issued in Case C-117/13, Technische Universität Darmstadt v Eugen Ulmer KG.

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  • Connecting Habermas with International Law

    The financial crisis has intensified the debate about the feasibility of the European Union as a new phenomenon in international law. In his essay ‘On Europe’s Constitution’, philosopher Jürgen Habermas underlines that he regards the EU as a step in the direction of a politically constituted world order. In an 2012 interview Habermas focuses on the conceptual challenges of the EU by asking the quintessential question: How should we imagine a for closer co-operation necessary, supranational association which complies with stringent demands of democratic legitimacy without assuming the shape of a state?

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  • ECJ Judgment: Private Copying Levy Cannot Include Copies Made from Unlawful Sources!

    The European Court of Justice has been pretty busy the past weeks. On Tuesday, April 8th 2014, the Court has declared the Data Retention Directive invalid from the date on which the directive entered into force. On Thursday, April 10th 2014, the Court has given its verdict on a complicated Dutch case involving the home-copying exception of European copyright legislation, and the associated use of copyright levies on blank media.

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  • The Origins of EU and EMU: Towards a Post-Westphalian Paradigm

    The theoretical hallmark of the European Union is its flexible approach to sovereignty. According to the Westphalian system of international relations which forms the prevailing paradigm in international law and lies at the heart of the organisation of the United Nations, sovereignty is one and indivisible. States are sovereign and without sovereignty there is no State. Guest blog by Jaap Hoeksma, Philosopher of Law, Director of Euroknow and Creator of the Boardgame Eurocracy.

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  • Exit Data Retention Directive: a Victory for Privacy in Europe!

    Last Tuesday, April 8, the European Court of Justice in Luxembourg has declared the Data Retention Directive (Directive 2006/24/EC, 15 March 2006) invalid from the date on which the directive entered into force. In the view of the Court, the requirement in the Data Retention Directive for mobile operators and internet service providers to retain data interfered in a “particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data”.

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  • Europe: Backwards or Forwards?

    In an apocalyptic essay, written at the height of the euro-crisis in 2012, Joseph Weiler predicted that the European Union will turn on its member-states in a similar way as the Golem of Prague persecuted its creators in the 16th century. The author paves the way for this conclusion by attributing a dimension of ‘political messianism’ to the statements of the founding fathers, which turns the Schuman-declaration into a roadmap to ‘the Promised Land’. As messianic narratives are doomed to collapse, the European project is set to disappoint and alienate the populace as well. Consequently, the EU creates the conditions for its own destruction.

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  • Beyond the Westphalian Paradigm

    For decades, the process of European integration has been hampered by the predominance of the Westphalian system of international relations. According to this system, which owes its name to the 1648 Peace of Westphalia, the process of European integration had to result either in the creation of a federal European state or in the establishment of a confederal union of states. Founded in 1992, the EU defied the Westphalian paradigm from the outset.

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  • Ukraine, Moving East or West?

    Although Yanukovych has claimed many times to seek good ties with Russia and the EU simultaneously, it seems that by refusing to sign the Association Agreement (AA) and Deep and Comprehensive Free Trade Agreement (DCFTA) with the EU last November, the power balance is tipping towards Russia. As an alternative to further EU integration, Russia has been actively promoting Ukraine to join the Russian-led Customs Union with Belarus and Kazakhstan, which in the future could progress towards a further integrated Eurasian Union.

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  • Back to or Beyond Westphalia?

    The Italian banker and politician Padoa-Schioppa used to describe Great-Britain as the Venice of Europe. Drawing a comparison between the Italian unification in the 19th century and the present process of European integration, Padoa-Schioppa suggested that the UK is and will remain as reluctant to give up the pound in favour of euro as Venice has been to join the Italian lira. The implication of the comparison is, of course, that, however grudgingly, in the end the UK will accept the common European currency as well.

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  • The European Union as a Common Democracy

    As a young democracy the EU urgently needs to strengthen its legitimacy and accountability. The transition from a traditional union of nation states to a polity of citizens and member states requires a fundamental adjustment of governance structures. The primordial challenge for the coming decades is therefore to address the democratic deficit and to turn the EU into a living democracy.

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  • A Union of States and Citizens: The Emergence of a New Term in International Law

    On June 28th 2011 Peter Kooijmans participated in a conference about the place of the EU in international law, which was held in the Academy Hall of the Peace Palace under the auspices of the T.M.C. Asser Instituut and the Carnegie Foundation. According to a blog on this website, one of the participants started the debate on the presumption that ‘the EU is a thing for which lawyers have no name’.

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  • Cameron and the Intricacies of the Westphalian System of International Relations

    In his long-awaited speech on Europe British Prime Minister David Cameron criticised the EU for its lack of democracy. PM Cameron is right insofar as the citizens of the EU can’t elect their own European government and miss the power to vote their leaders out of office. However, Cameron’s criticism would only be justified if the EU were to be considered as a sovereign state like the UK, France or Germany.

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  • The EU and the Nobel Peace Prize: Who will say thank you?

    European Council President Herman Van Rompuy or Jose-Manuel Barroso, President of the European Commission or Martin Schulz, President of the European Parliament? Together they will fly to Oslo on December 10 to represent the main institutions of the EU at the acceptance ceremony for the Nobel Peace Prize 2012.

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  • The Novelty of the EU

    For decades, the debate about the future of the European Union has been dominated by the dilemma whether the EU was to become a federal state or should establish itself as a union of states. After the entry into force of the Lisbon Treaty, however, it may be suggested that the deadlock in the debate about the finalité politique has been broken. The gist of this blog is to argue that the Lisbon Treaty construes the EU as a democracy without turning the Union into a state. This conclusion can be underpinned as follows.

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  • Internet governance 2012: Who should control the Internet?

    In the last twenty years, the Internet has had a tremendous impact on society and the term “Internet governance” was introduced. At first it was mainly used to describe the technical management of the Internet such as domain names and internet protocols. Nowadays governance refers to questions like “Do we all accept our responsibilities to safeguard the continued development of the Internet as a global, open and safe virtual environment? and Who sets the rules? In this blog I will give a few highlights of the current developments of internet governance on an International and (as well as on) an European level.

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  • The EU as a democratic polity in international law

    On June 28, 2011 a conference was held about The European Union (hereafter EU) as a Polity in International Law at the Academy Hall of the Peace Palace, The Hague, The Netherlands. The conference was held at the initiative of Mr. Jaap Hoeksma, Director of Euroknow. This initiative was supported by Dr P. H. Kooijmans, Prof Dr L-J Brinkhorst, Dr W.F. van Eekelen, Dr W.van Gerven and Dr Th. van Boven.

    The theme of the conference was the legal status of the European Union and its relationship with international law.From its inception, the main goal of the European Union and its integration in the legal as well as political systems of the Member states has been faced with conceptual problems regarding the final goal of the establishment of the European Union. The purpose of the conference was to discuss whether the Lisbon Treaty has overcome the problems by constructing the EU as a democratic polity without turning the Union into a state. If so, what are the consequences for the place of the EU as a polity in international law and for its role in international relations?

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  • European nuclear safety after the Japanese Fukushima disaster

    On Friday 11 March 2011, Japan was struck by a devastating earthquake and tsunami, also known as the Tōhoku earthquake. Japan’s nuclear crisis that was caused by the earthquake and tsunami has so far evoked many questions and worries about the safety of nuclear energy just like the Chernobyl disaster evoked responses in the 1980s. It raises questions about the possible impact of nuclear energy industry on safety and health. Several European countries have discussed the use of nuclear energy and safety measures or have temporarily shut down nuclear reactors since the Japanese earthquake of 11 March 2011.

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  • International and European criminal measures on intellectual property rights

    On October 2, 2010, the 11th and final round of the negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) was concluded successfully in Tokyo, Japan. The Government of Japan hosted the negotiations. Participants in the negotiations included Australia, Canada, the European Union (EU) – represented by the European Commission and the EU Presidency (Belgium) and the […]

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  • Roma Rights in the European Union.

    In July 2010, The French government decided to begin to expel Roma’s, mainly from Romania and Bulgaria, as many of them were living in France illegally. This decision caused much controversy within the Institutions of the EU. This blog will briefly discuss in what way EU institutions have responded to recent Roma issues and what can be done to improve the position of this marginalized community in Europe.

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See also

More Research guides on Organisations et Relations internationales