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Shira Becker-Alon - The Communitarian Dimension of the European Union's Common Foreign and Security Policy

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Shira Becker-Alon

The Communitarian Dimension of the European Union's Common Foreign and Security Policy

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 83 2011

Results in this title

The European Council S. 107-108

„… European Council The European Council is considered to be a genuine Union institution, first established by …” „… . According to Article 4 of the TEU, the European Council is entrusted with the role of providing the EU with …” „… these purposes, the European Council is composed of the Heads of State or Government of the Member …”

The European Council S. 152-153

„… Helsinki European Council to establish within the Council new permanent political and military bodies was …” „… Annex IV of the Presidency Report on the ESDP, Nice European Council (Press Release-Nr. 14056/2/00). 646 …” „… near Paris.6471. The European Council The general competence of the European Council to define the …”

The European Council and its President S. 251-254

„… the original institutions of the EC, together with the European Council, into “the Union’s institution …” „… ”.1097As far as the institutional framework of the CFSP is concerned, the European Council and the …” „… Council; the Council; the European Commission; the Court of Justice of the European Union; the European …”

Involvement of the EC in the ESDP S. 156-167

„… presented by the High Representative for the CFSP at the 2003 European Council in Thessaloniki included some …” „… of the European Parliament on the mission is not mentioned in the Council Joint Action of 15 October …” „… . 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European …”

The role of different institutions and bodies within the EPC framework S. 60-66

„… institutions and bodies within the EPC framework188a. The European CouncilOfficially established by the 1974 …” „… Paris Summit Declaration, the European Council was to replace the summit meetings of the leaders of the …” „… Foreign Affairs. The European Council was to meet in the Council of the European Communities in the …”

The Council S. 254-256

„… the President of the European Council.1104 Yet, such a possibility is highly unlikely when considering …” „… that the initial creation of the position of the President of the European Council under the TCT …” „… follow-up to meetings of the European Council, in liaison with the President of the European Council and the …”

The Council S. 108-115

„… 108 sovereignty. Moreover, the responsibility of the European Council for the definition of the …” „… other Community institutions are subject to increased influence of the European Council ever since the …” „… Amsterdam, the European Council’s position as the political guiding institution of all three pillars was …”

EPC prior to the SEA S. 49-54

„… followed the 1974 Paris Summit,138 in which the European Council was established as the highest instance in …” „… both the Community and EPC contexts. While the creation of the European Council as an intergovernmental …” „… . 139 See Ifestos 1987, pp. 52–53. In his view the creation of the European Council did not result in …”

Community law aspects of armament and defence cooperation S. 167-174

„… European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of …” „… ) 113 final, 11 March 2003), addressed to the Council, EP, the European Economic and Social Committee …” „… /EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures …”

Titelei/Inhaltsverzeichnis S. 2-15

„… EPC framework 60a. The European Council b. The Ministerial Meetings and the Council 61c. The …” „… European Council 1072. The Council 1083. Secretary-General of the Council and the High Representative for …” „… implementing the ESDP 1521. The European Council 1532. The General Affairs and External Relations Council …”

Economic sanctions in international law S. 204-206

„… Dorsch Consult v. Council of the European Union and the Commission of the European Communities [1998] ECR …” „… Abdullah Kadi v. Council of the European Union and Commission of the European Communities [2005] ECR II …” „… (paragraph 288 of Joined Cases C-402/05 P and C-415/05 P Yassin Abdulla Kadi v. Council of the European Union …”

Scope of ECJ jurisdiction under the TEU S. 96-103

„… listed exhaustively in Article 46 EU”. See Case T-338/02, Segi v. Council of the European Union, [2004 …” „… 55–57 of Joined Cases C-317/04 European Parliament v. Council and C-318/04 European Parliament v …” „… jurisdiction (Joined cases C-181/91 and C-248/91, European Parliament v. Council and Commission, [1993] ECR I …”

Legal instruments and voting procedures under the CFSP S. 268-270

„… Strategic lines defined by the European Council (Article 26(2), amended TEU). 1153 Legislative acts are …” „… decisions taken by the European Council and the Council in the CFSP (Article 31(1), amended TEU).1159 It is …” „… a specific case of deviation from the general rule that decisions by the European Council shall be …”

The Political and Security Committee (PSC) S. 154-155

„… ESDP, Nice European Council). 655 Trybus 2005, p. 109. 656 Duke 2008, p. 80. 657 Blanck 2005, p …” „… the Helsinki European Council’s recognition of the need for permanent military bodies, the EU Member …” „… included in the voting process.652The Secretary-General of the Council and the High Representative for the …”

Emergence of the ESDP S. 147-150

„… basis for the 1999 Cologne European Council Declaration on Strengthening the Common European Policy on …” „… European policy on security and defence”. In order for the Council to have the ability to make decisions on …” „… policy instruments,619 the 1999 Helsinki European Council agreed on voluntarily cooperation in EU-led …”

The European Union Military Staff (EUMS) S. 155-156

„… 155 4. The European Union Military Committee (EUMC) Following the Helsinki European Council’s …” „… was established following the Helsinki European Council is the EUMS, which is to provide military …” „… Article 1 of Council Decision 2001/79/CFSP setting up the Military Committee of the European Union from 22 …”

Union institutions or Community institutions? S. 105-107

„… framework is composed of the European Council and the EC institutions, that is, the Council, the Commission …” „… regards it as a provision setting out an explicit link between the European Council and the EU, thereby …” „… the EP, with 411 Wessel 1999, p. 74; Ress 1995, p. 36. Conversely, on the European Council as part of …”

The position of the High Representative of the Union for Foreign Affairs and Security Policy S. 256-260

„… Article 3 of Annex I on the Intergovernmental Conference (IGC) Mandate, European Council 21/22 June 2007 …” „… Foreign Affairs Council (see Article 18(4), amended TEU). Taking part in the work of the European Council …” „… the European Council and the Council (Article 27(1), amended TEU). Similarly to the role originally …”

Financing European operations having military or defence implications (OMDIs) under the ESDP S. 174-178

„… case-by-case basis. In the June 2002 European Council Meeting in Seville it had been clarified that the common …” „… charged according to the GNP scale. It merely identifies which common costs 760 Seville European Council …” „… 174 3. Financing European operations having military or defence implications (OMDIs) under the ESDP …”

Summary and conclusions S. 283-298

„… Yet, this scenario should not happen if the President of the European Council would concentrate on …” „… interests. If one day the President of the European Council and the President of the Commission were to be …” „… chosen for the posts of the President of the European Council and of the HRFASP, namely Herman van Rompuy …”

The European Union Military Committee (EUMC) S. 155

„… 155 4. The European Union Military Committee (EUMC) Following the Helsinki European Council’s …” „… was established following the Helsinki European Council is the EUMS, which is to provide military …” „… Article 1 of Council Decision 2001/79/CFSP setting up the Military Committee of the European Union from 22 …”

Evaluation of Common Strategies as a cross-pillar instrument S. 183-187

„… , by having formulated the Common Strategies in this specific manner, the European Council attempted to …” „… 18 of CS-Mediterranean in this regard). In the CS-Russia the European Council “calls on” the …” „… notion in itself of a cross-pillar instrument that enables the European Council to relate directly to …”

Assessment: uniform foreign policy and “one voice” for Europe? S. 279-282

„… Action brought on 11 March 2010 – Case C-130/10, European Parliament v. Council of the European Union …” „… the HRFASP and to the newly created post of the President of the European Council. As a result …” „… of the European Council, namely to represent the Union at that level 1191 Grevi 2007, p. 801. 281 …”

The Commission S. 118-124

„… traditional reference to the Commission as the “motor” of European integration.488 Its broad involvement in …” „… the TEC or by the Council. Within the Community’s external relations framework, the Commission’s role …” „… in charge of External Relations, European Neighbouring Policy and Europe Aid Cooperation office …”

The European Commission S. 260-263

„… increase the role of the European Parliament”. 1128 The same shall apply with regard to a Council decision …” „… ) it shall 1130 For example, the President of the European Council shall present to the EP a report …” „… after each of the meetings of the European Council (Article 15(6)(d), amended TEU). 1131 Additionally …”

The General Affairs and External Relations Council and the Defence Ministers’ Council S. 153-154

„… . The European Council The general competence of the European Council to define the principles of and …” „… specified by Article 17(1) of the TEU, according to which – should the European Council decide so – the …” „… Article 4, Council Joint Action of 15 October 2007 (2007/677/CFSP) on the European Union military …”

The European Parliament (EP) S. 263-265

„… ) it shall 1130 For example, the President of the European Council shall present to the EP a report …” „… after each of the meetings of the European Council (Article 15(6)(d), amended TEU). 1131 Additionally …” „… -130/10, European Parliament v. Council of the European Union (2010/C 134/40, 22 May 2010). 1140 Which …”

The Common Security and Defence Policy S. 270-272

„… request from the European Council, made on its own initiative or on that of the HRFASP. Thus, initiatives …” „… on the part of the HRFASP to have the European Council requesting the HRFASP to make a proposal for a …” „… the European Council, acting unanimously, so decides. 271 TEU). The intergovernmental nature of the …”

The 1960s sanctions against Rhodesia – the origin of the “Rhodesia doctrine” S. 66-68

„… 66and the addressing of the Chairman of the Council and, later, of the President of the European …” „… Council to the Assembly on the progress made in the field of European political cooperation.224After the …” „… President of the European Council to the EP and reports addressed to the Parliament by the European Council …”

Adoption of restrictive measures by the EU against third countries S. 276-279

„… Action brought on 11 March 2010 – Case C-130/10, European Parliament v. Council of the European Union …” „… its consent.1176 In reaction to the Framework Agreement, the Council released a statement,1177, in …” „… institutional balance set out in the Treaties in force, according the European Parliament prerogatives that are …”

The budgetary procedure under TEC S. 128-129

„… expenditure”, was to be charged to the budget of the European Communities535 subject to a unanimous Council …” „… expenditure, if the Council decided to charge them to the budget of the European Communities. According to …” „… situation as guided by gentlemen’s agreement, according to which the European Parliament and the Council …”

The Treaty of Lisbon: the integration of the pillar structure? S. 246-251

„… shall be made by the European Council and the Council acting unanimously (Article 31 amended TEU …” „… achieve this was by turning the original institutions of the EC, together with the European Council, into …” „… European Council and the Council maintained their position as the executive authority of the CFSP, while …”

Secretary-General of the Council and the High Representative for the CFSP (SG/HR) S. 115-118

„… and tensions.4703. Secretary-General of the Council and the High Representative for the CFSP (SG/HR …” „… , integrated into the Secretary-General of the Council. In creating this new function, the work of the Council …” „… as assisting the Council “through contributing to the formulation, preparation and implementation of …”

Scope of Common Positions and their reference to Community matters S. 194-197

„… 1999) and Council Joint Action 2003/432/CFSP of 5 June 2003 on the European Union military operation in …” „… Guards and should have reported back to the Council. The Commission was again involved in the Union’s …” „… is joint intent, but not necessarily one that has to result in action.853848 Council Joint Action …”

Financing of the CFSP and the CSDP S. 272-274

„… States (all EU Member States, except Denmark) and the European Commission.1166 Its scope of activities is …” „… European defence technological and industrial base.1168VI. Financing of the CFSP and the CSDP The …” „… institutions shall be charged to the Union budget, rather than to the budget of the European Communities. The …”

The 1982 sanctions against the Union of Soviet Socialist Republics (USSR): action within the Community after disagreement within the EPC. S. 70-71

„… response on the part of the South African Government to the European Council’s call to release Nelson …” „… respective legal dimension, may add weight to European political cooperation as well as ensuring the Member …” „… consensus could not be reached in European political cooperation due to Greece’s dissent. Since the …”

The legal basis S. 127-128

„… budget of the European Communities535 subject to a unanimous Council decision. In this case, the TEC …” „… gentlemen’s agreement, according to which the European Parliament and the Council refrained from intervening …” „… budget of the European Communities. The second, CFSP “operational expenditure”, was to be charged to the …”

The cross-pillar scope of the Common Strategies S. 180-182

„… was granted to the European Council (Article 13(2) TEU), thereby giving the EU’s most strategic …” „… . The role of recommending Common Strategies to the European Council was granted to the Council that …” „… initiated by the Vienna European Council of 11 and 12 December 1998.787 No other Common Strategy has been …”

Economic sanctions in the EU legal framework S. 206-208

„… Abdullah Kadi v. Council of the European Union and Commission of the European Communities [2005] ECR II …” „… (paragraph 288 of Joined Cases C-402/05 P and C-415/05 P Yassin Abdulla Kadi v. Council of the European Union …” „… Abdulla Kadi v. Council of the European Union, ECR [2008] I-06351).905 According to the ECJ, in the …”

Legal nature of the ESDP S. 151-152

„… European Council as a standard, to which the objectives and the range of conflict prevention and crisis …” „… listed as one of the security questions under Article 17, the 2001 Göteborg European Council set out that …” „… integrated into ESDP. See point 52 of the Presidency Conclusion, Göteborg European Council of 15 and 16 June …”

The extension of QMV in CFSP and constructive abstention S. 81-83

„… Barakaat International Foundation v. Council of the European Union and the Commission of the European …” „… the matter be referred to the European Council for a unanimous decision (Article 23(2), paragraph 2 …” „… objects of the Treaty on the European Union”.291III. Decision-making procedure 1. The general rule of …”

From the Constitution for Europe to the Treaty of Lisbon S. 244-246

„… constitutional project of the European Union (EU) was launched by the European Council meeting in December 2001 …” „… officially signed on 13 December 1071 See Part III of the European Council Laeken Declaration (December 2001 …” „… European Council of 21–22 June 2007 (11177/07, 23 June 2007). 245 2007 by the Heads of State and Government …”

Scope of CFSP S. 79-81

„… Barakaat International Foundation v. Council of the European Union and the Commission of the European …” „… , although the contribution of Treaty of Amsterdam to a more coherent and effective European foreign policy …” „… ); loosen the requirement of unanimity; and allow Council decisions by qualified majority in certain cases …”

Community measures implementing Joint Actions S. 193-194

„… , as the Court concluded, that the Council “has infringed Article 47 of the [T]EU by adopting the …” „… process in South Ossetia, while having been regarded by the Council in its Joint Action as serving EU …” „… was required to appropriately report to the Council under the authority of the Presidency, assisted by …”

The 1999 IIA between the EP, the Council and the Commission on Budgetary Discipline and Improvement of the Budgetary Procedure S. 139-140

„… the EP, the Council and the Commission on Budgetary Discipline and Improvement of the Budgetary …” „… , 1999 IIA), the EP, the Council and the Commission concluded a further agreement which concerned all …” „… the conditions of Article 28 of the TEU may be charged to the budget of the European Communities – the …”

Joint Actions’ agenda and Community competences and policies S. 190-193

„… the Council on the basis of Article J.3 TEU on the European Union’s contribution to combating the …” „… adopted by the Council in relation to the fight against the accumulation of small arms and light weapons …” „… what it considers to be an infringement on its sphere of competences. The 1999 Council Joint Action …”

Legal basis for CFSP financing S. 132-134

„… interinstitutional “battlefield” between the EP and the Council,552 after the Council seemed to have accepted the …” „… European Communities (Articles 28(2) and 28(3) subparagraph 1 TEU). Accordingly, the budgetary procedure …” „… military or defence implications (OMDIs) and cases in which the Council, acting unanimously, decides …”

The Community’s implied external competences S. 33-37

„… individually.47 At the same time similar work was undertaken at Community level, resulting in Council …” „… Regulation on the harmonization of certain social legislation relating to road transport. After the Council …” „… requested the annulment of the Council proceedings. In its Decision (originally referring to the EEC Treaty …”

External aspect of the institutional process S. 104-105

„… framework is composed of the European Council and the EC institutions, that is, the Council, the Commission …” „… regards it as a provision setting out an explicit link between the European Council and the EU, thereby …” „… institutional process The organizing principle of the European Union (EU) is to secure the representation of …”

The EP S. 124-126

„… consulted. Accordingly, under Article 4, subparagraph 3 of the TEU the European Council is required to …” „… Council to that effect shall be first forwarded to the Commission, which shall give its opinion …” „… 27c TEU). Thus, before the Council decides whether it will authorize a request for enhanced …”

The inter-pillar procedure S. 208-211

„… Abdulla Kadi v. Council of the European Union, ECR [2008] I-06351).905 According to the ECJ, in the …” „… appeal in the case of Yusuf and Kadi (Joined Cases C-402/05 P and C-415/05 Yassin Abdulla Kadi v. Council …” „… of the European Union, ECR [2008] I-06351), the subject of Article 301 TEC is “the adoption of …”

The Community’s express external competences S. 28-33

„… continuous debate between the Member States, the Council, the Commission and the European Parliament (EP …” „… Community in the Single European Act (SEA) and the different Treaty amendments,26 supplementing the gradual …” „… interaction between them and the European Union (EU)’s Common Foreign and Security Policy (CFSP). Disputes …”

Treaty-making competence of the EU S. 198-200

„… the exception of the European Council, may be still considered as Community institutions in essence …” „… jurisdiction. Yet, this Article can not categorically exclude the possibility to turn to the European Courts in …” „… matters and actions. Nevertheless, when adopting Common Positions, the Council must respect the powers of …”

EPC legal nature S. 56-60

„… CouncilOfficially established by the 1974 Paris Summit Declaration, the European Council was to replace the summit …” „… , accompanied by the Ministers of Foreign Affairs. The European Council was to meet in the Council of the …” „… (2001, p. 207), the creation of the European Council represented the acknowledgement of an essential …”

Common Strategies as a cross-pillar instrument S. 179-180

„… interests in common was granted to the European Council (Article 13(2) TEU), thereby giving the EU’s most …” „… instance. The role of recommending Common Strategies to the European Council was granted to the Council …” „… initiated by the Vienna European Council of 11 and 12 December 1998.787 No other Common Strategy has been …”

Implementing measures and voting procedure S. 182-183

„… Common Strategies in this specific manner, the European Council attempted to generate a binding effect on …” „… in this regard). In the CS-Russia the European Council “calls on” the Commission (as well as the …” „… strengthen cooperating security in the region using the evolving Common European Policy on Security and …”

The aftermath of the 1997 and 1999 IIAs S. 140-141

„… through national contribution.588 In the Council Joint Action establishing the European Defence Agency it …” „… Declaration of the European Parliament, Council and Commission on the financing of the common foreign and …” „… 1999 IIA concerning its information rights,585 especially due to the rapid realization of the European …”

The EU single institutional framework S. 105

„… framework is composed of the European Council and the EC institutions, that is, the Council, the Commission …” „… regards it as a provision setting out an explicit link between the European Council and the EU, thereby …” „… , the European Parliament (EP), the European Court of Justice (ECJ) and the Court of Auditors. Thus …”

Can the 2006 IIA be considered to be legally binding? S. 142-146

„… non-legally binding have not yet been determined and the European Courts’ jurisprudence in this regard has …” „… & Koenig 2000, p. 204). 595 C-25/94 Commission v. Council, [1996] ECR I-01497, paragraphs 49–51 …” „… of the institutions, unilateral letters, joint declarations and Council Note or Decisions of the …”

EU agreements: a new field of dualism in the EU’s external relations S. 201-203

„… Community in this field, supplementing a new aspect of dualism to European external relations. First, it …” „… that the Council and the Member States would also make attempts to apply the procedure of Article 24(2 …” „… , Application and Development of the Schengen Acquis (“the Agreement”) (Council doc. 13054/04, 25 October 2004 …”

Responsibility for ensuring consistency S. 90-91

„… not to make conflicting decisions under its different titles of the TEU. The European Council (which …” „… affect the Treaties establishing the European Communities. On the other hand, if the amending provisions …” „… amend the Treaties establishing the European Communities, then the requirement of consistency may be …”

Binding effect of Union agreements on the Community S. 200-201

„… the exception of the European Council, may be still considered as Community institutions in essence …” „… that the Member States do not become contracting parties, since under Article 24 TEU the Council …” „… between the Union and the Community in this field, supplementing a new aspect of dualism to European …”

Scope of EPC S. 54-55

„… the European Council led to the appointment of the Dooge Committee in the 1984 Fontainebleau …” „… on Institutional Affairs to the European Council, Brussels, 29 and 30 March 1985, Bulletin EC 3-1985 …” „… 54It is only a year later, with the adoption of the Draft Treaty establishing the European Union151 …”

The Court of Justice of the European Union and the justiciability of the CFSP S. 265-268

„… -130/10, European Parliament v. Council of the European Union (2010/C 134/40, 22 May 2010). 1140 Which …” „… European Council (Article 26(2), amended TEU). 1153 Legislative acts are legal acts adopted by legislative …” „… 265 Interinstitutional tension between the EP and the Council has already arisen in the context of …”

Introduction S. 226-227

„… 226 Chapter X: Export control of dual-use goods (items):995 a landmark in the European Community …” „… within the European Union (EU) context, dual-use goods were qualified as such according to their utility …” „… system at the European level, the terminology has changed from “dual-use goods” to “dual-use items …”

Chemical weapons control: recourse back to national measures. S. 71

„… African Government to the European Council’s call to release Nelson Mandela and other political prisoners …” „… European political cooperation represents a case in which the Member States chose not to act through …” „… supplied to insurgents. The Commission then made a proposal to the Council on the basis of Article 133 of …”

The legal implications of Article 301 of the TEC for the Commission S. 213-216

„… Yusuf,934928 Case T-253/02 of 12 July 2006, Chafiq Ayadi v. Council of the European Union [2006] ECR II …” „… Court understands the CFSP Decision made by the Member States to implement UN Security Council …” „… proposal to the Council on measures to be taken by the Community pursuant to CFSP Decisions on sanctions …”

Restrictive measures against the Apartheid regime in South Africa: combination of different legal bases. S. 71-72

„… African Government to the European Council’s call to release Nelson Mandela and other political prisoners …” „… European political cooperation represents a case in which the Member States chose not to act through …” „… supplied to insurgents. The Commission then made a proposal to the Council on the basis of Article 133 of …”

The 1980 sanction against Iran and the question of using EEC instruments as legal basis for European political cooperation S. 68-70

„… basis for European political cooperation According to the decision made by the Council, which met in May …” „… followed the Security Council Resolutions against Rhodesia,233 calling the UN Member States to impose …” „… 1980, the measures suggested by the Security Council with regard to Iran236 were to be implemented in …”

The threat to terminate the Lomé-Convention with Haiti: pressure on the Commission in European political cooperation to act against the interests of the Community. S. 73-74

„… economy as a condition of Community assistance.252 Moreover, as emphasized by the European Council after …” „… in European political cooperation to act against the interests of the Community. Although it would be …” „… consultations within the EPC – the submission of a proposal to the Council within the framework of the Community …”

The general rule of unanimity S. 81

„… Barakaat International Foundation v. Council of the European Union and the Commission of the European …” „… objects of the Treaty on the European Union”.291III. Decision-making procedure 1. The general rule of …” „… unanimity principles. Accordingly, the general rule under Title V is still of a unanimous Council decision …”

The scope of the ESDP S. 151

„… European Council as a standard, to which the objectives and the range of conflict prevention and crisis …” „… listed as one of the security questions under Article 17, the 2001 Göteborg European Council set out that …” „… integrated into ESDP. See point 52 of the Presidency Conclusion, Göteborg European Council of 15 and 16 June …”

Bibliography S. 299-312

„… Community: The Council Presidency and European integration. Manchester University Press. Klabbers J (1998 …” „… Union. Butterworths, 7th edition.Lauwaars RH (2004). The President of the European Council, In: De Zwaan …” „… Pres, pp. 73–74. Loriga JD (1996). CFSP: The View of the Council of the European Union, In: Pappas SA …”

Involvement of the Community in initiating Joint Actions S. 187-189

„… European Council, the aim was to prevent the Commission from submitting policy initiatives and proposed …” „… actions to the Council. 820 Weidel 2002a, p. 54. 821 According to Article 12 TEU, in pursuing the CFSP …” „… comes to procedure, both instruments are to be adopted by the Council unanimously (Article 23(1) TEU …”

The legal personality of the EC S. 25-26

„… European Parliament (EP), the Council, the Commission, the ECJ and the Court of Auditors (Article 7 TEC …” „… 25Chapter I: The external relations of the European Community (EC) I. Introduction When discussing …” „… the external aspect of the European Community’s (EC) activities, the reference is often to “external …”

The ESDP as a component of the CFSP S. 150-151

„… , including peacemaking. These so-called “Petersberg tasks” served the 1999 Cologne European Council as a …” „… listed as one of the security questions under Article 17, the 2001 Göteborg European Council set out that …” „… integrated into ESDP. See point 52 of the Presidency Conclusion, Göteborg European Council of 15 and 16 June …”

The 2006 IIA between the Parliament, the Council and the Commission on Budgetary Discipline and Sound Financial Management. S. 141-142

„… , unilateral letters, joint declarations and Council Note or Decisions of the European Parliament. The term …” „… 141 4. The 2006 IIA between the Parliament, the Council and the Commission on Budgetary Discipline …” „… and Sound Financial Management.590The 2006 IIA concluded between the EP, the Council and the …”

“Acquis communautaire”: definition S. 91-92

„… to make conflicting decisions under its different titles of the TEU. The European Council (which is …” „… 91By being the institution equipped with the main decision-making powers, the Council seems the …” „… dimension.337 Both institutions carry equal responsibility with regard to consistency of European foreign …”

The institutional practice resulting from the inter-pillar financing arrangement S. 129-132

„… the EP is entitled to propose modifications. The Council can then decide whether it accepts, further …” „… modifies or rejects these proposed modifications. If the Council rejects or modifies the EP’s proposals …” „… its Members. The Council may then modify the amendments by a qualified majority vote (QMV), and shall …”

The addressees of the requirement of consistency S. 89-90

„… , the Member States operating within the framework of the TEU through the European Council329 and the …” „… European Communities, the conformity of CFSP decisions with the requirement of consistency in the overall …” „… Council that should be necessarily considered as the addressees of this requirement within the frameworks …”

The 1997 IIA between the Parliament, the Council and the Commission on the financing of the CFSP S. 136-139

„… Parliament, the Council and the Commission on the financing of the CFSP574The conflicts arising from the …” „… financing of the CFSP, concluded between the Council, the Commission and the EP in the face of the coming …” „… into force of the Treaty of Amsterdam.575 What drove the Council to agree to the IIA with the EP was …”

Evaluation of the integrated system S. 236-239

„… Report to the European Parliament and the Council on the application of Regulation (EC) 3381/94 setting …” „… followed by an appropriate Council Regulation setting the specific Community measures implementing the CFSP …” „… , the Council CFSP Decision not only expressed the political will of the Member States, but also …”

Security, defence and the European Community (EC) S. 147

„… 147 Chapter VII: Inter-pillar aspects of the European Security and Defence Policy (ESDP) I …” „… . Security, defence and the European Community (EC) Although the idea to coordinate areas of foreign policy …” „… established (including an attempt to create a European Defence Community), the EC Treaty (and the EEC Treaty …”

Title V of the TEU: the CFSP S. 77-79

„… the European Council in Lisbon on the likely development of CFSP (Bulletin EC 6-1992, p. 18, Annex I …” „… paragraph TEU). By establishing the CFSP as the successor to the European Political Cooperation (EPC),268 …” „… this is exactly what was hoped to be achieved in creating a more effective European foreign policy …”

The conclusion of Interinstitutional Agreements (IIAs) in the TFEU and their influence on the role of the EP within the CFSP. S. 275-276

„… Council and the Commission to conclude IIAs in order to arrange cooperation amongst them.1172 Nevertheless …” „… Council released a statement,1177, in which it points out that “several provisions of the Framework …” „… the European Parliament prerogatives that are not provided for in the Treaties and limiting the …”

Article 47 of the TEU: keeping the Treaties establishing the European Communities intact S. 94-95

„… . Article 47 of the TEU: keeping the Treaties establishing the European Communities intact Article 47 of the …” „… Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or …” „… , the Treaties establishing the European predictability for the EUs complex legal order; however, at the …”

Export control of dual-use goods in the international context S. 227-228

„… European Council in June 2003, the Commission has also been invited to participate through the Presidency …” „… controls in the European Community (EC) area were regulated by national legislation. At the same time …” „… having a collective restriction of exports of strategic and dual-use goods towards the European and Asian …”

Scope of the European Courts’ jurisdiction under the Treaties establishing the European Communities S. 95-96

„… Council, the Commission, the European Parliament (EP) (Article 230 TEC) and the Member States (Articles …” „… of the European Courts’ jurisdiction under the Treaties establishing the European Communities a …” „… the EP, the Council and the Commission, in infringement of the TEC (Article 232 TEC). 358 Krück, In …”

Conclusions S. 74-75

„… the 1986 SEA – was not unanimously perceived as representing a breakthrough in European political …” „… ”,258 as it only managed to play a secondary role when the Security Council decided to take operative …” „… the contribution of the EPC to European political integration and to Europe being able “to speak with …”

The principle of conferred powers S. 26-27

„… , pp. 248–249. 15 The institutions of the EC are: the European Parliament (EP), the Council, the …” „… relations with third parties. In its guiding judgment from the year 1971 in the European Agreement on Road …” „… Transport case (AETR, also known as the “ERTA judgment”), the European Court of Justice (ECJ, or “the Court …”

The assistance to the countries of Central and Eastern Europe after the collapse of Communism: the shift to financial and economic diplomacy. S. 72-73

„… Moreover, as emphasized by the European Council after its Dublin Summit in April 1990, the association …” „… Governments of the Member States, meeting within the Council, not accepting thereby the Commission’s …” „… suggestion of a Council Regulation based on Article 298 of the TEC (Ex Article 225 EEC Treaty on preventing …”

Provisions in Community law, authorizing Member States’ unilateral actions regarding export control of dual-use goods S. 231-233

„… Council Regulation (EEC) 2603/69 In an attempt to achieve full uniformity of the internal market, the …” „… Council Regulation establishing common rules for export was adopted,1019 asserting the principle of free …” „… exportation from the European Economic Community (EEC) to third countries (Article 1), while at the same time …”

Legal nature and justiciability of the requirement of consistency S. 88-89

„… through the European Council329 and the Council that should be necessarily considered as the addressees of …” „… Community measures and resources.324 Can it be derived, then, that the European Courts can exercise judicial …” „… control over the requirement of consistency? According to Article 46 of the TEU, the European Court of …”

Introduction S. 19-24

„… President Nicolas Sarkozy, holding the Presidency of the European Council at that time, was accompanied both …” „… President of the European Council and of the High Representative for Foreign Affairs and Security Policy …” „… 19Introduction Almost from the very beginning of its establishment, the European Union (EU), in its …”

Article 133 of the TEC as a legal basis for export control of dual-use goods: the European Court of Justice (ECJ)’s approach S. 228-230

„… plan adopted by the Thessaloniki European Council in June 2003, the Commission has also been invited to …” „… (Commission Working Paper Report to Parliament and the Council on the Implementation of Council Regulation (EC …” „… legal basis for export control of dual-use goods: the European Court of Justice (ECJ)’s approach When …”

Enhanced cooperation S. 83-84

„… implementation of the decision is to be financed out of the budget of the European Communities. This Member State …” „… – it has been unanimously decided by the Council to charge the operational expenditure to the Member …” „… through the barriers arising from the need for unanimity and allows a certain flexibility, since a Council …”

List of abbreviations S. 16-18

„… 16List of abbreviations ACPAETR African, Caribbean and Pacific European Agreement on Road Transport …” „… of First Instance of the European Communities CFSP Common Foreign and Security Policy CIVCOM …” „… Controls COM COM document (European Commission legislative proposals and communications to the EU …”

The question of hierarchy between Community law norms and the intergovernmental pillars S. 93-94

„… CFSP cannot cover Community exclusive competences and, in a case of parallel competences, the Council …” „… an issue is already regulated by Community legislation, the Council can not use CFSP measures to …” „… . Article 47 of the TEU: keeping the Treaties establishing the European Communities intact Article 47 of the …”

Evaluation of the Community regime of export controls of dual-use items and technology S. 241-243

„… Council Regulation 1334/2000, it should be borne in mind that the Community’s general authorization …” „… the European exporters, as some Member States will impose stricter control in issuing the …” „… Council on the Implementation of Council Regulation (EC) No. 1334/2000 setting up a Community Regime for …”

Jusiciability of Common Positions S. 198

„… jurisdiction. Yet, this Article can not categorically exclude the possibility to turn to the European Courts in …” „… matters and actions. Nevertheless, when adopting Common Positions, the Council must respect the powers of …” „… by the Treaty of Amsterdam,provides the Council with an explicit competence to conclude international …”

Binding effect of Common Positions on the Community and its institutions S. 197-198

„… Positions adopted by the Council cannot confer a direct legal obligation on the Community to adhere to their …” „… accepts the notion of Common 862 See Article 5 of Council Common Position (1999/722/CFSP) of 8 November …” „… coordination between the efforts of the EC and those of the Member States in this field. Council Common …”

Justiciability of Joint Actions S. 190

„… the Council on the basis of Article J.3 TEU on the European Union’s contribution to combating the …” „… adopted by the Council in relation to the fight against the accumulation of small arms and light weapons …” „… what it considers to be an infringement on its sphere of competences. The 1999 Council Joint Action …”

The double function of the Council and its legal implications S. 211-213

„… 2006, Chafiq Ayadi v. Council of the European Union [2006] ECR II-02139. 929 According to the CFI, the …” „… 211 2. The double function of the Council and its legal implications The procedure of Article 301 …” „… of the TEC entails with it a double function for the Council. First, it acts as an intergovernmental …”

The binding effect of Joint Actions on the Community and its institutions S. 189-190

„… /CFSP of 17 December 1998 adopted by the Council on the basis of Article J.3 TEU on the European Union’s …” „… 189 the CFSP.828 What is more, it is doubtful that the Council would make use of such an …” „… stipulation with respect to the Community institutions, which do not regard themselves as bound by Council …”

Article 297 of the TEC S. 222-223

„… Cases C-402/05 P and C-415/05 Yassin Abdulla Kadi v. Council of the European Union,ECR [2008] I-06351 …” „… Security Council Resolution.980The later practice, under which economic sanctions were imposed on the basis …” „… Article 301, or with regard to measures not falling under the Community competence.981978 See Council …”

Article 308 of the TEC S. 223-224

„… TEC and 301 TEC (Joined Cases C-402/05 P and C-415/05 Yassin Abdulla Kadi v. Council of the European …” „… Commission and the Council to turn to the “flexibility clause” of Article 308 of the TEC.982 Indeed, Article …” „… TEC in the Council Regulation imposing restrictive measures against individuals and groups (rather …”

The Treaty on the European Union (TEU) S. 76-77

„… policy-making of the European Union (EU)I. Emergence 1. The Treaty on the European Union (TEU) The fall of …” „… Communism in Eastern Europe262 and the 1990 Gulf crisis263 served as a background for two European …” „… initiatives in 1990 in an attempt to launch a serious discussion on the establishment of a European foreign …”

Instruments S. 55-56

„… an ultimate target the transformation of the relations among the Member States of the European …” „… Communities into a European Union, which shall also be implemented on the basis of “European Co-operation …” „… first reference to European security (Article 30(6)). Albeit using non-committing wording, the …”

Justiciability of the imposition of sanctions by the EU and the procedure under Article 301 of the TEC S. 216-218

„… ) and subsequent Council Regulation (EC) No. 314/2004 of 19 February 2004 (OJ L55/1, 24 February 2004 …” „… ). Similar cases exist for EU measures following UN Security Council resolutions, such as Council Common …” „… Congo (OJ L152/22, 15 June 2005) and subsequent Council Regulation (EC) No. 889/2005 of 13 June 2005 (OJ …”

Export controls of dual-use goods in the European Political Cooperation (EPC)–EEC framework S. 233-234

„… Article 11 of Regulation 2603/69.1030IV. Export controls of dual-use goods in the European Political …” „… measures were of paramount public importance and should thus be applied with immediate effect, the Council …” „… -3231, paragraph 31. 1031 Council Regulation (EEC) No. 428/89 of 20 February 1989 concerning the export …”

Article 301 of the TEC as a possible legal basis for export controls of dual-use goods S. 230-231

„… Council considerations for Decision 2000/402/CFSP repealing Decision 94/942/CFSP on the Joint Action …” „… Member States’ unilateral actions regarding export control of dual-use goods a. Article 11 of Council …” „… were aware of the merits that uniform principles on export entail for the CCP. In 1969 a Council …”

Definition S. 86-87

„… 86Chapter IV: Bridging dualism and protecting the competences of the European Community (EC) I …” „… . Bridging dualism The European Union (EU)’s foreign policy is fragmented, especially between the first and …” „… European Community (EC) dimension of the Common Foreign and Security Policy (CFSP), as this work aims to …”

Shared external competences S. 41-46

„… the GATS and the TRIPs, based on the European Laying-up Fund Opinion,84 the Court found that in the …” „… between the approaches expressed in European Laying-up Fund Opinion and the WTO Opinion,concluding that …” „… Community and the Member States in situations of shared 89 Opinion 1/76, European Laying-Up Fund, [1977 …”

Exclusive external competences S. 37-41

„… Young 2002, p. 1674. 64 Opinion 2/94 on Accession to the European Convention for the Protection of …” „… explicit manner by the Court, its statement in the European Laying-up Fund Opinion that, “Although the …” „… Council by the Commission, the power to bind the Community vis-à-vis third countries nevertheless flows by …”

The content of the requirement of consistency S. 87-88

„… relevant actors involved in EU foreign affairs – that is, the Member States, the Council and the Commission …” „… Community measures and resources.324 Can it be derived, then, that the European Courts can exercise judicial …” „… control over the requirement of consistency? According to Article 46 of the TEU, the European Court of …”

Justiciability of agreements concluded under Article 24 of the TEU S. 203

„… , which enables the EP, the Council, the Commission or a Member State to obtain the opinion of the ECJ as …” „… Georgia on the status of the European Union Monitoring Mission in Georgia (OJ L310/31, 21 November 2008)). …”

doi.org/10.5771/9783845231198

José Maria Beneyto, Ingolf Pernice - Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts

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José Maria Beneyto (ed.), Ingolf Pernice (ed.)

Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts

Series: European Constitutional Law Network-Series

Volume 8 2011

Results in this title

Paul Craig The President of the European Council S. 203-228

„… ; and the President of the Commission should hold this office. The Presidency of the European Council …” „… European Council, and that executive power would be exercised by both. It was central to this view that the …” „… Presidency of the European Council would be strengthened. It would no longer rotate between states on a …”

Mirosław Wyrzykowski European Parliament and National Parliaments S. 241-266

„… . In the latter case, the European Council shall define the terms of reference for a conference of …” „… amendment proposal. Taking this decision by the Council and the European Parliament’s assent thereto is as a …” „… the Council of the European Union and the legislative procedure. This procedure therefore allows for …”

Arthur Benz Linking Multiple Demoi. Inter-parliamentary Relations in the EU S. 267-278

„… European documents and the behaviour of their national representative in the Council. Their effective …” „… , the balance of power between levels of the European federation and the legitimacy of Council decisions …” „… long time, European integration has been said to come at the expense of national parliaments. Andrew …”

Ana Maria Guerra Martins Does the Treaty of Lisbon Really Implement Equal and Non-discriminatory Treatment of Third-Country Nationals (TCN)? The Case of Legally Resident TCN within a Member State of the Union S. 327-352

„… conclusions of the European Council of Tampere.4 The reasons that prevent an equal treatment of TCN are either …” „… vis-à-vis the citizens of the State of residence. The European Council endorses the objective that long-term …” „… , 539-540. 58 The European Union will join the Council of Europe at a double level: the substantive one, by …”

Ingolf Pernice Motor or Brake for European Policies? Germany’s New Role in the EU after the Lisbon-Judgment of Its Federal Constitutional Court S. 353-390

„… powers of the European Council or the Council to adopt decisions of fundamental character and requiring …” „… European legislative bodies and the German government if any possible: So the Council based its Regulation …” „… Lisbon-judgment for decisions of the European Council under Article 31 (3) TEU pass from unanimity to qualified …”

Ingolf Pernice Introduction: Achievements and Challenges – The European Union, its Constitutional Courts and the Perspectives after Lisbon S. 9-12

„… Constitutional Treaty has failed and though, with the ‘Brussels mandate’ for the IGC 2007, the European Council …” „… Mandate, Presidency Conclusions of the Brussels European Council of 21 and 22 June 2007, Annex 1, para. I …” „… Introduction: Achievements and Challenges – The European Union, its Constitutional Courts and the …”

Giacinto della Cananea Cosí è (se vi pare)? Germany, Italy, and European Integration after the Treaty of Lisbon S. 167-188

„… have agreed to lay down through regional organizations, such as the Council of Europe and the European …” „… Così è (se vi pare)? Germany, Italy, and European Integration after the Treaty of Lisbon Giacinto …” „… narratives that attempt to give meaning to recent events1 in legal discourses concerning European integration …”

Roland Bieber The Citizens’ Initiative – a Source of Additional Legitimacy for the European Union? S. 229-240

„… a Regulation of the European Parliament and of the Council on the citizens’ initiative [ of 31 March …” „… Regulation of the European Parliament and of the Council on the citizens`initiative [of 31 March 2010 ] COM …” „… The Citizens’ Initiative – a Source of Additional Legitimacy for the European Union? Roland Bieber …”

Jiří Zemánek The Two Lisbon Judgments of the Czech Constitutional Court S. 45-64

„… the European Council in simplified procedure of the Treaty revision (so called passerelle clauses and …” „… the respective plenary session. (b) The draft act of the European Council on a simplified revision of …” „… could have to be remedied by interpretation). However, the act of the European Council is listed among …”

Mattias Wendel Lisbon before the Courts: Comparative Perspectives S. 65-106

„… ) is research assistant and lecturer at the Walter Hallstein Institute for European Constitutional Law …” „… Comparative DialecticsVI 105 Introduction The constitutional foundations of European integration have been …” „… European constitutional law. Both activities on Union and on Member State level were closely interrelated …”

Emilia Drumeva Evolutive Attitude of the Bulgarian Constitutional Court in the EU Law Space S. 131-136

„… EU, as well with a provision of the Directive 2003/88/EC of the European Parliament and the Council …” „… of the primacy of European law in the Bulgarian legal space; it * Prof. Dr. Emilia Drumeva is Judge …” „… the organs of the European Union and its legal acts with their supranational, direct and universal …”

Stanisław Biernat The Status of the Principle of Primacy in the Lisbon Treaty Architecture S. 279-296

„… Verts’ v European Parliament [1986] ECR 1339; Case 70/88 Parliament v Council [1990] ECR I-2041 …” „… even though it was not expressed V 30 Council of the European Union, IGC 2007 Mandate, Brussels 26 June …” „… European Community’. It is not fully clear why the Opinion of the Council Legal Service was attached to the …”

Siniša Rodin Back to the Square One – the Past, the Present and the Future of the Simmenthal Mandate S. 297-326

„… performance of an international 21 Council Framework Decision of 13 June 2002 on the European Arrest Warrant …” „… European Court of Justice in case Simmenthal 21 belongs to the line of core constitutional cases that …” „… , possibly with interpretative guidance of the European Court of Justice in preliminary reference procedure …”

Titelei/Inhaltsverzeichnis S. 1-8

„… WORK Part I: Institutions and Democracy The President of the European Council 207 Paul Craig The …” „… Constitutional Courts José MarÍa Beneyto / Ingolf Pernice (eds) Lisbon and Beyond European Constitutional Law …” „… Network-Series Vol. 8 Nomos European Constitutional Law Network-Series edited by Prof. Dr. Dr. h.c. Ingolf …”

Annex: Conference Programme S. 411-415

„… : Conference Programme 412 15:15 h. The President of the European Council. Prof. Dr. Paul Craig (University of …” „… , Walter Hallstein Institute for European Constitutional Law) José María Beneyto (Director of the Institute …” „… for European Studies, CEU San Pablo University) Thursday, 7 October 2010 SESSION 1: THE TREATY OF …”

Antonio López-Pina The Spanish Constitutional Court, the European Law and the Constitutional Traditions Common to the Member States (art. 6.3 TEU). Lisbon and Beyond. S. 137-166

„… The Spanish Constitutional Court, the European Law and the Constitutional Traditions Common to the …” „… and European LawI 138 Constitutional Limitations to the Process of European IntegrationA 138 …” „… Relationship between Primary European Law and the Spanish Constitution B 139 The Fundamental Rights of …”

Evgeni Tanchev Perspectives on Constitutionalization of EU Law: The Issue of Emerging Hierarchies in the Context of Constitutional Pluralism S. 391-410

„… International and Domestic Law’ in The European Commission for Democracy Through Law, Council of Europe, 1994 …” „… the three previous steps in the constitutionmaking within the European integration context that …” „… , Constitutionalism and the EU’ (2001) 7 no. 2 European Law Journal 125-150. 3 E Tanchev, ‘Wine Bottling Legitimacy or …”

Roberto Miccú Toward a (Real) Cooperative Constitutionalism? New Perspectives on the Italian Constitutional Court S. 107-130

„… Court and its ‘Responsibility for Integration’ on Penal Matters: Considerations on the European Arrest …” „… perspective of constitutional pluralism in the European legal space. To underscore the extent to which I share …” „… binary legal reasoning: state sovereignty vs. sovereignty of a European federal state; national …”

Tom Eijsbouts Courts, People, Citizens. Understanding EU’s Constitutional Democracy with the Help of the Lisbon Treaty and the Lissabon-Urteil S. 189-202

„… the European Council mandate of june 2007? Many colleagues’ law students would agree, holding that to …” „… TreatyIII 194 The Constitutional Challenge of Populism The Great European Constitutional Challenge of the …” „… based on populist support. I * Prof. Dr. Tom Eijsbouts is Professor of European Law at Leiden University …”

Jacqueline Dutheil de la Rochère French Conseil constitutionnel: Recent Developments S. 13-30

„… the constitutional revision remained ineffective. The Lisbon Treaty Following the European Council of …” „… the European Communities, France has a long lasting experience of exposure of its legal order to the …” „… revision of primary European law has been the occasion of a decision of the French Conseil constitutionnel …”

doi.org/10.5771/9783845233109

Maren Gronert, Alban Schraut - Handbuch Vereine der Reformpädagogik

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Maren Gronert (ed.), Alban Schraut (ed.)

Handbuch Vereine der Reformpädagogik

Series: Bibliotheca Academica - Reihe Pädagogik

Volume 13 2018

Results in this title

Richard Landl, Georg Jürgens European Council for Steiner Waldorf Education (ECSWE) / Verband Europäischer Waldorfschulen S. 163-172

„… European Council for Steiner Waldorf Education (ECSWE) / Verband Europäischer Waldorfschulen …” „… European Council for Steiner Waldorf Education (ECSWE) 165 staltet. Sei es durch Eingaben bei öffentlichen …” „… 18.4.2018. European Council for Steiner Waldorf Education (ECSWE) 167 1. Qualitätssicherungssysteme und …”

Lilian Jüchtern effe – Deutschland Europäisches Forum für Freiheit im Bildungswesen Deutschland European Forum for Freedom in Education Germany Le Forum Européen pour la Liberté dans l´Education l'Allemagne S. 449-454

„… – European Council of National Associations of Independent Schools (siehe: 4 effe – Deutschland 451 …” „… effe – Deutschland Europäisches Forum für Freiheit im Bildungswesen Deutschland European Forum for …” „… Platform – European Civil Society For Education (siehe: www.lllplatform.eu) in Brüssel. Die Lifelong …”

Christian Boettger, Volker Frielingsdorf Bund der Freien Waldorfschulen [D] S. 149-162

„… Education (EFFE)“, dem „European Council for Steiner Waldorf Education (ECSWE)“ und dem „European Council of …” „… den supranationalen Interessenverbänden der Freien Schulen wie dem „European Forum for Freedom in …”

Titelei/Inhaltsverzeichnis S. 1-18

„… Landl und Georg Jürgens European Council for Steiner Waldorf Education (ECSWE) / Verband Europäischer …” „… European Forum for Freedom in Education Austria ............................... 441 Lilian Jüchtern effe …” „… – Deutschland Europäisches Forum für Freiheit im Bildungswesen Deutschland European Forum for Freedom in …”

Alban Schraut Vereine und Bildungseinrichtungen mit internationalem Charakter S. 475-490

„… : www.eursc.eu/de/Accredited-European-Schools/locations, Abruf am 1.8.2018. 476 Alban Schraut Council of International Schools / Internationale Schulen …” „… : www.eursc.eu/de/Accr edited-European-Schools/locations, Abruf am 1.8.2018. Die Schweiz und auch Österreich besitzen …” „… Der Dachverband der Internationalen Schulen, der Council of International Schools (CIS), beziffert die …”

Heinz Brodbeck Rudolf Steiner Schulen Schweiz - Arbeitsgemeinschaft der Steinerschulen Schweiz und Liechtenstein S. 141-148

„… weitläufig vernetzt. Sie ist Mitglied des European Council for Steiner Waldorf Education (ESCWE) – Verbund …”

doi.org/10.5771/9783956504600

Wolfgang Wessels, Lucas Schramm, Tobias Kunstein - The European Council as a Crisis Manager

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Wolfgang Wessels, Lucas Schramm, Tobias Kunstein

The European Council as a Crisis Manager

Series: Studies on the European Union

Volume 19 2022

Results in this title

2 The roads to and from the July 2020 meeting of the European Council S. 41-72

„… The roads to and from the July 2020 meeting of the European CouncilBox 2.1 Chapter 2: key takeaways …” „… meeting of the European CouncilEuropean leaders agree on a recovery package and the 2021-2027 budget (MMF …” „… AprilVideo conference of the members of the European CouncilEUCO President and European Commission President …”

4 The impact on the EU’s institutional architecture: the European Council as key actor S. 95-120

„… marathon negotiations—usually together with the President of the European Council.Beyond its role in …” „… commitments”259. But following the logic of the principal–agent approach, the European Council—after …” „… of the European Council.As a general assessment and with reference to the evidence we observe, the …”

3 The governance of the RRF: legal rules and procedural patterns S. 73-94

„… the legal rules that the European Council July Conclusions and the subsequent legal acts envisage for …” „… architecture?Without a doubt, the members of the European Council and later also of the EP have been aware that the …” „… find consensus in the European Council forced its members to formulate ambiguous and complicated …”

References S. 147-160

„… : Red Globe Press.Bulmer, Simon, and Wessels, Wolfgang (1987): The European Council: Decision-Makings in …” „… in the Life of the European Council. London: John Harper Publishing.De Feo, Alfredo (2020): “The …” „… Council”, in: Peterson, John/ Shackleton, Michael: The Institutions of the European Union. New York …”

1 Introduction: an ambitious response to a severe crisis S. 19-40

„… and doubts about a history-making decision– The European Council’s key role in crisis management– A …” „… health, economic, social and political crisis at the same time, the European Council, in its meeting …” „… . In that meeting, after five days and four nights of protracted negotiations, the European Council …”

Titelei/Inhaltsverzeichnis S. 1-18

„… Studies on the European Union | 19The European Council as a Crisis ManagerThe EU’s Fiscal …” „… COVID-19 Pandemic The European Council as a Crisis ManagerNomosWolfgang Wessels | Lucas SchrammTobias …” „… Cataloging-in-Publication DataWessels, Wolfgang | Schramm, Lucas | Kunstein, Tobias The European Council as a Crisis …”

5 Revisiting theoretical approaches: a controversial debate and the challenges for further research S. 121-134

„… again took the main decisions in the European Council.Andrew Moravcsik, in turn, would see his liberal …” „… decision as laying down a new pathWithin academic communities, the results of the European Council summit …” „… the European Council “to think federally”299. In the long run, a European fiscal union—which they see …”

Conclusions: demands and opportunities for teaching and researching S. 143-146

„… for teaching and research on the RRF and the European Council. Based on the analysis of the financial …” „… package agreed by the European Council on 21 July 2020 and its aftermath, this chapter first summarises …” „… ), several conclusions for teaching and researching the European Council can be drawn.The review of the long …”

6 Scenarios for the future: factors and conditions for success and failure S. 135-142

„… the European Council Conclusions.– Instruments are successful in reducing the economic and social …” „… positive master narratives about the Union and about the role of the European Council. Under political and …” „… political union The European Council will again act as a constitutional architect following the Monnet …”

doi.org/10.5771/9783748928126

Ebru Turhan - The European Council Decisions Related to Turkey's Accession to the EU

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Ebru Turhan

The European Council Decisions Related to Turkey's Accession to the EU

Series: Studies on the European Union

Volume 7 2012

Results in this title

Member States’ Impacts on the Formation of European Council Decisions S. 195-210

„… European Council Decisions Related to Turkey 4.2.1. Member States’ Impacts on the Formation of European …” „… and Helsinki European Council decisions with regard to Turkey’s accession to the EU? Could high level …” „… significant policy-makers on Turkey’s EU bid, in particular prior to and during the related European Council …”

Member States’ Impacts on the Formation of European Council Decisions S. 321-328

„… Council Decisions Related to Turkey 5.2.1. Member States’ Impacts on the Formation of European Council …” „… entered an era of stagnation. Following the Helsinki European Council, the Commission submitted its …” „… European Council prolonged the identification of 1029 European Communities, 2004 Regular Report on …”

Member States’ Impacts on the Formation of European Council Decisions S. 110-116

„… country.293 3.2. Selected Member States and European Council Decisions Related to Turkey 3.2.1. Member …” „… States’ Impacts on the Formation of European Council Decisions Did the Big Three - France, Germany and …” „… the UK - as well as Turkey’s neighbor Greece play a particular role in the European Council’s …”

Interests vs. Norms: the European Council Decisions Related to Turkey’s Accession to the EU S. 348-362

„… of the European Council decisions pertaining to Turkey’s accession to the EU an issue, which …” „… different factors for the formation of European Council decisions concerning the enlargement of the Union …” „… countries.1121 To elucidate the “one factor” that had the most important impact on the European Council …”

Research Questions and Research Design S. 28-32

„… : what has/have been the most important dynamic(s) behind the European Council decisions related to …” „… Turkey’s membership in the EU? By regarding the European Council decisions, which evaluate Turkish …” „… 29 The elucidation of key dynamics affecting the European Council decisions related to Turkey’s …”

The Analytical Puzzle S. 23-28

„… authorities were truly shocked when the European Council opposed the candidacy of Turkey for EU membership and …” „… Commission. After only two years, the European Council surprised yet again, in particular, academic circles5 …” „… , when it officially declared Turkey’s candidacy in 1999 at the Helsinki European Council gathering by …”

Theoretical Closing S. 362-365

„… approaches in elucidating key dynamics behind European Council decisions pertaining to Turkey’s accession to …” „… extent to the formation of the European Council decisions pertaining to Turkey’s accession to the EU in …” „… - useful in explaining the construction of European Council decisions related to Turkey. As far as the …”

Bibliography S. 369-404

„… European Communities (2004e), Communication from the Commission to the Council and the European Parliament …” „… , signed on 17 February 1986 European Communities (1989), The European Council Strasbourg, 8-9 December …” „… European Communities (1996), Conclusions of the General Affairs Council, 26 February 1996 …”

„… 238 5. The European Council Decision to Open the Accession Negotiations with Turkey: keeping the …” „… Door Half Open in Turbulent Times This chapter focuses on the 2004 European Council decision to open …” „… construction of European Council decisions pertaining to enlargement. 5.1. Keeping the Door Half Open: the …”

„… 131 4. From Exclusion to Inclusion: The 1997 and 1999 European Council Decisions The 1997-1999 …” „… period witnessed the sudden shift in European Council’s attitude towards Turkey’s accession to the EU. In …” „… 1997 the European Council rejected Turkey’s candidacy at its Luxembourg Summit, while confirming …”

Longitudinal Comparative Analysis Supported by Within-Case Studies S. 70-76

„… importance” of each factor for the formation of European Council decisions. The comparative method is applied …” „… to four different cases representing European Council decisions related to Turkey: the rejection of …” „… related to the 1989 and 2004 European Council decisions into the analysis. These two cases cannot …”

Preface S. 21-22

„… 21 Preface What has been the most important dynamic behind the European Council decisions related …” „… key determinants of leading European Council decisions related to Turkey’s membership in the Union …” „… : the European Council’s endorsement of the 1989 Commission Opinion on Turkey’s Accession to the …”

Turkey’s Adherence to Union’s Moral Norms S. 301-321

„… European Council stated that the Union encourages Turkey to pursue energetically its reform process. If the …” „… European Council in December 2004, on the basis of a report and a recommendation from the Commission …” „… Watson ALDE Leader on the Eve of Brussels Summit, 15 December 2004 963 European Council (2002f …”

Current Explanations S. 32-37

„… particular impact on the content and the course of the European Council decisions related to Turkish …” „… the EU, which subsequently culminate in successive European Council decisions related to this topic …” „… elucidate the key dynamics behind European Council decisions with regard to Turkey’s accession to the EU by …”

Turkey and the European Identity S. 290-301

„… Turkey, act as a decisive catalyst for the 2004 decision of the European Council to 914 Emre Özcelik …” „… ), European Council Presidency Conclusions and the EP (EP resolutions / reports and statements of the …” „… of the 2004 European Council Brussels Summit, as follows: The unthinkable is becoming reality. The …”

Acknowledgements S. 7-14

„… and European Council Decisions Related to Turkey 110 3.2.1. Member States’ Impacts on the Formation …” „… of European Council Decisions 110 3.2.2. Frame Analysis of Government Statements on Turkey 116 …” „… of Minorities 194 4.2. Selected Member States and European Council Decisions Related to Turkey 195 …”

Frame Analysis of Government Statements on Turkey S. 210-237

„… of the Turkish candidacy at the Helsinki European Council gathering was determined by …” „… Turkey Could the shift in the attitude of the European Council towards Turkey’s EU membership between …” „… to the European Council decisions of Luxembourg and Helsinki? To answer the abovementioned questions …”

Turkey and the European Identity S. 166-178

„… candidacy was accepted during the 1999 Helsinki European Council meeting owing 483 UNDP, Human Development …” „… respect, the 1989 Strasbourg European Council clearly indicated in its Presidency Conclusions (under the …” „… Spheres, op.cit., pp. 205-207 501 European Communities (1989), The European Council Strasbourg, 8-9 …”

Implications for Future Research and Policy S. 365-368

„… key role in the formation of European Council decisions pertaining to Turkey’s accession to the EU …” „… Member States have been the most important dynamic behind the European Council decisions pertaining to …” „… enhancement of European security and stability, the European Council was able to strengthen Turkey’s EU …”

Turkey’s Adherence to Union’s Moral Norms: an Assessment in Light of the Copenhagen Political Criteria S. 178-195

„… Council X Source: European Commission Regular Reports on Turkey’s Progress towards Accession (1998 …” „… for example European Parliament, Resolution on the communication from the Commission to the Council …” „… 4-0490/97) and on the communication from the Commission to the Council: European Strategy for Turkey - The …”

Frame Analysis of Government Statements on Turkey S. 328-347

„… 328 tor. The European Council stated in 2004 - for the first time in history - that the accession …” „… accession process in 2004, prior to the European Council decision of 17 December 2004 to open the accession …” „… . Others have perceived globalisation as a cause of frustration and injustice”. European Council, A Secure …”

Economic Considerations S. 147-166

„… dramatic change in European Council’s attitude towards Turkey’s accession to the EU between 1997 and 1999 …” „… was replaced with the acceptance of the Turkish candidacy at the Helsinki European Council in 1999? In …” „… economic and political conditions referred to by the European Council over the last twelve months and …”

Turkey’s Adherence to Community’s Moral Norms S. 104-110

„… political deficiencies in the country.293 3.2. Selected Member States and European Council Decisions Related …” „… to Turkey 3.2.1. Member States’ Impacts on the Formation of European Council Decisions Did the Big …” „… European Council’s evaluation of Turkey’s first membership application to the Community between 1987 and …”

The Roadmap of the Study S. 37-38

„… formation of European Council decisions. This study aims at filling these academic gaps by directing its …” „… the impact of key Member States’ attitude towards Turkey on European Council decisions. 1.3. The …” „… the examination of the empirical applicability of selected hypotheses to the study of European Council …”

Theoretical Conclusions S. 67-70

„… and politically powerful Member States play the key role in the formation of European Council …” „… constructivist and rationalist theories for the 1989, 1997, 1999 and 2004 European Council decisions and thus …” „… determine the leading factor/s that had the most important impact on the European Council decisions with …”

List of Abbreviations S. 15-18

„… RTUK Turkish Radio and Television Supreme Council SEA Single European Act SECI South-East European …” „… Elimination of All Forms of Discrimination Against Women CEEC Central and Eastern European Countries CFSP …” „… Common Foreign and Security Policy CMOs Crisis Management Operations CoE Council of Europe CPI …”

„… 82 3. The European Council’s Endorsement of the December 1989 Commission Opinion on Turkey’s …” „… European Council’s endorsement of the December 1989 Commission Opinion on Turkey’s Request for Accession to …” „… conditions under which the European Council sent a negative message to Turkey about its membership bid. 3.1 …”

Frame Analysis S. 76-79

„… overlap with the preferences of the European Council over Turkish membership in 1989, 1997, 199 and 2004 …” „… government statements on Turkey’s first application to the Community. Although the European Council declared …” „… period in which the European Council - together with the European Commission - tried to deliver an …”

Economic Interests S. 89-99

„… the European Council. The successful implementation of the strategies indicated in the Green Paper of …” „… for the European economies, which brought along “Euro-pessimism”215, by implementing “twin policies of …” „… beach and claiming territory? The evolution of German ideas on a European order”, International Affairs …”

Economic Interests S. 268-290

„… economic interests of the EU played to some degree a decisive role in the decision of the European Council …” „… the political criteria since the Helsinki European Council meeting in December 1999”.853 5.1.2.1. A …” „… common identity with Turkey, act as a decisive catalyst for the 2004 decision of the European Council to …”

Frame Analysis of Government Statements on Turkey S. 116-130

„… relatively long evaluation period in which the European Council - alongside the EC - tried to deliver an …” „… , Germany, Greece and the UK, on Turkey’s relations with the EEC prior to the formation of the European …” „… Council assessment concerning Turkish membership in the Community. The brief analysis also disclosed the …”

Data Collection and Coding S. 79-81

„… membership application prior to the European Council Decision of February 1990 does not affect the frames …” „… interest-dimension and 187 For the time frame 1987-1989 the terms “European Economic Community” / “European …” „… . Semetko and Patti M. Valkenburg (2000), “Framing European Politics: A Content Analysis of Press and …”

Titelei/Inhaltsverzeichnis S. 2-6

„… . NormsThe European Council Decisions Related to Turkey’s Accession to the EUNomosEbru TurhanBUT_Turhan …” „… The „Studies on the European Union“ SeriesSeries Editor:Wolfgang Wessels Jean Monnet Chair for …”

The Multifaceted Interpretations of Constructivism S. 57-59

„… powerful Member States play the key role in the formation of European Council decisions pertaining to EU …” „… Jeffrey T. Checkel (2006), “Constructivist Approaches to European Integration”, ARENA Working Papers, No …” „… ”, European Journal of International Relations, Vol. 3, No. 3, pp. 334-336; Katzenstein, Keohane and Krasner …”

Turkey and the European Identity S. 99-104

„… Co-operation in Europe (OSCE) and Council of Europe (CoE) and made valua- 259 European Commission (1978 …” „… The European concerns over further immigration became also apparent in 1989 Commission opinion on …” „… . Turkey and the European Identity “A European identity is an abstraction and a fiction without essential …”

Realism & Neorealism: EU Enlargement as a Response to Security and Power Calculations S. 39-48

„… dynamics behind European Council decisions pertaining to Turkey’s accession to the Union. 54 See for an …” „… and the Study of the European Union”, Comparative Political Studies, Vol. 36, No. 7, p. 16 52 Ben …” „… Rosamond (2000), Theories of European Integration, (Hampshire: Palgrave Mac-Millan), p. 173; Schimmelfennig …”

Neoliberalism & Liberal Intergovernmentalism: EU Enlargement as a Response to Welfare-Related and Other Issue-Specific Interests in an Interdependent World S. 48-57

„… ] Economically and politically powerful Member States play the key role in the formation of European Council …” „… Interpretation of the Maastricht Treaty and the European Economic and Monetary Union”, Security Studies, Vol. 5 …” „… for the national preference formation, thereby contributing to the study of European integration with …”

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