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Jörg Philipp Terhechte - OPEC und europäisches Wettbewerbsrecht

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Jörg Philipp Terhechte

OPEC und europäisches Wettbewerbsrecht

2008

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Application by the European Commission S. 121-122

„… by the European Commission according to Reg. 1/2003 and private action to cease and desistor to …” „… European Commission The EU Commission may first consider a decision in accordance with Art. 7 (1)Reg …” „… . 1/2003. Based on this provision, the EU Commission can require the partiesof an agreement to bring the …”

The Ban on Cartels in Art. 81 ECT S. 111-116

„… in Regulation 1/2003. According to the European Commission, an application of Art. 81 (1) EU is out …” „… Amoco/Acro decision,325 for example, theEuropean Commission had to deal with a merger of companies …” „… Competition – ARC). If more than one Member State wereaffected, the European Commission would be responsible …”

The Role of European Competition Law S. 103-104

„… to now the European Commission has not published a statement in terms of the relationshipbetween …” „… European Competition Law and OPEC. M. Monti, former European Commissioner forCompetition, explained once in …” „… coherent rules. 2. The Role of European Competition Law The analysis of European law reveals a totally …”

The Importance of OPEC in the World Oil Market S. 107-108

„… .306 Cp. Commission Green Paper »A European Strategy for …” „… ; Commission Green Paper »Towards a European Strategy forthe Security of …” „… .307 Cp. Commission Green Paper »A European Strategy for Sustainable …”

Fragmentation of International Economic Law S. 102-103

„… Commission from April 13, 2006 »Fragmentation of International Law: Difficulties Arising From the …” „… coherent rules. 2. The Role of European Competition Law The analysis of European law reveals a totally …” „… different situation: European competition law (Art. 81 ECT) periodically makes the headlines and …”

Application to OPEC or its Members? S. 110-111

„… is likelythe European Commission would address OPEC (as an association of undertakings), the Member …” „… Regulation 1/2003. According to the European Commission, an application of Art. 81 (1) EU is out of the …” „… European Competition Law to OPEC 111V. Application of European Competition Law to OPEC 1. The Ban on …”

Perspectives S. 106-107

„… Publications/pdf/OPECLTS.pdf#>.306 Cp. Commission Green Paper »A European Strategy for Sustainable, Competitive and Secure …” „… /com2006_0105en01.pdf>; Commission Green Paper »Towards a European Strategy forthe Security of Energy …” „… .307 Cp. Commission Green Paper »A European Strategy for Sustainable …”

Political Consequences S. 122-123

„… 122 K. SummaryAnother crucial issue is the enforcement of the EU Commission’s decisions. According …” „… to Art. 256 ECT, decisions of the Commission are not enforced by the EUitself but by its Member …” „… untied?A good starting point might be to address the EU Commission’s decision – corresponding to the …”

General Remarks S. 104-105

„… established by Iran, Iraq, Kuwait, Saudi Arabia, and289 Up to now the European Commission has not published a …” „… effectively operates as a cartel, to European competition law? If Europeancompetition law may be used to …” „… , European law and national economic law that have yet to be resolved.289Is European competition law …”

Titelei/Inhaltsverzeichnis S. 2-14

„… . Application by the European Commission . . . . . . . . . . . . . . . . . . 1212. Political Consequences …” „… der Fragmentierung des internationalen WirtschaftsrechtsOPEC and European Competition Law (English …” „… auf einen Vortrag zurück, den ich im Juli 2006 bei derU.S. Federal Trade Commission in Washington, D.C …”

The Importance of OPEC in the European Market S. 108

„… . The European Commission projects that the EU will need to coverabout 90% of its demand for crude oil …” „… output.309 2. The Importance of OPEC in the European Market The current imports from OPEC members are of …” „… huge importance to the entireEuropean Union: about 70% of the demand for crude oil in 2000 had to be …”

The Importance of OPEC for National Markets – Example: Germany S. 108-109

„… . The European Commission projects that the EU will need to coverabout 90% of its demand for crude oil …” „… output.309 2. The Importance of OPEC in the European Market The current imports from OPEC members are of …” „… huge importance to the entireEuropean Union: about 70% of the demand for crude oil in 2000 had to be …”

Conclusions S. 121

„… by the European Commission according to Reg. 1/2003 and private action to cease and desistor to …” „… European Commission The EU Commission may first consider a decision in accordance with Art. 7 (1)Reg …” „… . 1/2003. Based on this provision, the EU Commission can require the partiesof an agreement to bring the …”

The NOPEC Legislation of 2007 S. 120-121

„… distinguished: the enforcement by the European Commission according to Reg. 1/2003 and private action to cease …” „… . Application by the European Commission The EU Commission may first consider a decision in accordance with Art …” „… . 7 (1)Reg. 1/2003. Based on this provision, the EU Commission can require the partiesof an agreement …”

Die Fragmentierung des internationalen Wirtschaftsrechts und die Rolle des Einzelnen S. 27-29

„… Wirtschaftsrechts«14 bzw. des »Wirtschaftsvölkerrechts«15 ist kürzlich von der International Law Commission …” „… Study Group of the International Law Commission vom 13. April 2006 »Fragmentation of International Law …” „… Anexities, LJIL 15 (2002),S. 553 ff.19 Report of the Study Group of the International Law Commission vom 13 …”

State Immunity S. 116-118

„… sanctions such as fines.2. Abuse of a Dominant Position (Art. 82 ECT) The EU Commission’s assessment of the …” „… underEuropean law. The difference between European law and international law is the336 The Convention is …” „… consequences. While European law contains effective rules against suchactivities, international law lacks of …”

Abkürzungsverzeichnis S. 15-18

„… Sovereign Immunities ActFTC Federal Trade CommissionGA GeneralanwaltGATT General Agreement on Tariffs and …” „… Reviewders. derselbeDOJ Department of JusticeDVBl. Deutsches VerwaltungsblattECJ European Court of JusticeECT …” „… Treaty establishing the European Communityed./eds. editor/editorsEG Europäische GemeinschaftEG/EGV …”

Private Enforcement S. 123

„… of the WTO,358 Commission Green Paper »A European Strategy for Sustainable, Competitive and Secure …” „… European Market beingis the second largest in the world. Hence, there would be a significant …” „… such actions on the »energy« sector have been conferred on theEuropean Union. The key issues are, the …”

Alternative Approaches S. 123-124

„… of the WTO,358 Commission Green Paper »A European Strategy for Sustainable, Competitive and Secure …” „… European Market beingis the second largest in the world. Hence, there would be a significant …” „… such actions on the »energy« sector have been conferred on theEuropean Union. The key issues are, the …”

Previous Cases S. 118-120

„… 118 K. Summaryquestion of consequences. While European law contains effective rules against …” „… the case. This differentiation is ofimportance for the European context, keeping in mind that a …” „… similar case underEuropean jurisdiction might depend on whether the proceedings are initiated by aprivate …”

The Concept of Cartels in General S. 109-110

„… , whichimplement OPEC’s resolutions via governmental directives. In the end, it is likelythe European Commission …” „… about applying European competition law to OPEC, one should clarify the technical meaning of a carteland …”

doi.org/10.5771/9783845207278

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

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The European Commission S. 260-263

„… Member States (Article 46(2), amended TEU).4. The European Commission The European Commission (“the …” „… Commission’s involvement is limited to cooperation with the HRFASP and the European Defence Agency (EDA), in …” „… HRFASP may propose the use of both national resources and Union instruments, together with the Commission …”

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

„… Commission, in a leading position. The value of its work was internationally acknowledged when the Commission …” „… and Eastern Europe. In fulfilling this task, the Commission had also negotiated the more political …” „… economy as a condition of Community assistance.252 Moreover, as emphasized by the European Council after …”

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

„… framework and the involvement of the Commission and the European Parliament in the EPC framework, see …” „… European Security Conference, in which the Commission was represented permanently. The Committee of …” „… 1982, pp. 40–41; and Lasok 2001, pp. 250–251. 64c. The Commission of the European Communities In spite …”

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

„… decision on consolidation of the European defence or security industry,727 a subsequent Commission Decision …” „… 1-COD (2007) 0280) following a Commission proposal for a Directive of the European Parliament and of …” „… secure the intergovernmental character of European armaments cooperation after the Commission issued a …”

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

„… Commission should leave the room.671ii. The European Parliament (EP)’s control over the ESDP As the ESDP is …” „… The Committee is composed of representatives of Member States and the Commission, which should provide …” „… the CIVCOM to build on the expertise of the Commission in promoting EU/ESDP civilian crisis management …”

Summary and conclusions S. 283-298

„… legal obligation – stems from the Commission’s aspiration to become more involved in European foreign …” „… institutional setup and might become even fiercer if the President of the European Commission also fights for …” „… interests. If one day the President of the European Council and the President of the Commission were to be …”

The European Council and its President S. 251-254

„… Council; the Council; the European Commission; the Court of Justice of the European Union; the European …” „… European Commission not to leave the foreign policy arena in the hands of the Vice-President and the HRFASP …” „… option that the President of the Commission shall be elected as the President of the European Council …”

Titelei/Inhaltsverzeichnis S. 2-15

„… Commission of the European Communities 64d. The European Parliament 65IV. Foreign policy action: interaction …” „… . The threat to terminate the Lomé-Convention with Haiti: pressure on the Commission in European …” „… the Commission in the ESDP 156ii. The European Parliament (EP)’s control over the ESDP 157b. The …”

The Commission S. 118-124

„… traditional reference to the Commission as the “motor” of European integration.488 Its broad involvement in …” „… Common Foreign Security Policy” and concentrates on the work of the Commission with regard to European …” „… may be seen as strengthening the weight of the Commission within the CFSP,506 in practice the European …”

EPC legal nature S. 56-60

„… European Communities’ task catalogue. The Commission could only participate in EPC proceedings, with no …” „… EPC framework and the involvement of the Commission and the European Parliament in the EPC framework …” „… European law”. 161 “Resolved to implement this European Union on the basis, firstly, of the Communities …”

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

„… delegations as well as information from the European Humanitarian Aid Office (ECHO) in the European Commission …” „… to the Commission as the “motor” of European integration.488 Its broad involvement in initiating and …” „… , European Neighbouring Policy and Europe Aid Cooperation office (“External Relations Commissioner”)), who is …”

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

„… European Commission, the HRFASP will in practice supervise most aspects of the EU’s external relations and …” „… just that. The President of the European Council and the President of the Commission both decided to …” „… of the EU were carried out by delegations of the European Commission, thereby surprising most – if …”

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

„… political agreement between the European Commission, the EP, the Spanish EU Presidency and the HRFASP on the …” „… . The European Commission The European Commission (“the Commission”) was granted in the Lisbon Treaty …” „… that of the External Relations Commissioner. Accordingly, the HRFASP is to preside over the Foreign …”

The Council S. 254-256

„… 3, amended TEU) does not exclude the option that the President of the Commission shall be elected as …” „… 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 …”

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

„… 155 4. The European Union Military Committee (EUMC) Following the Helsinki European Council’s …” „… directions to the EU Military Staff. 5. The European Union Military Staff (EUMS) A further military body that …” „… was established following the Helsinki European Council is the EUMS, which is to provide military …”

The European Parliament (EP) S. 263-265

„… running the EEAS..As already mentioned , the political agreement between the European Commission, the EP …” „… 263 interaction between the HRFASP and Commission is envisaged in imposing restrictive measures by …” „… the Union (see later discussion in this chapter). Within the CSDP framework, the Commission’s …”

Bibliography S. 299-312

„… (1997). Where the European Commission comes in: From the Single European Act to Maastricht, In …” „… Commission: Changes and Challenges, In: De Zwaan J, Jans JH, Nelissen FA (eds). The European Union – An …” „… ), Where the European Commission comes in, In: Pijpers A, Regelsberger E and Wessels W (eds). European …”

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

„… activities of the Commission may be interpreted as an expectation or even a requirement to act or to refrain …” „… , by having formulated the Common Strategies in this specific manner, the European Council attempted to …” „… of the Community may be invalidated by the European Court of Justics (ECJ).802 With that said, it …”

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

„… action 858 Report on the Operation of the Treaty on the European Union, presented by the Commission (SEC …” „… Guards and should have reported back to the Council. The Commission was again involved in the Union’s …” „… mission to Georgia has been decided upon – the Commission was in charge of concluding a financing …”

The EP S. 124-126

„… 124 A further basis for the Commission’s involvement in the CFSP is through its role in authorizing …” „… Council to that effect shall be first forwarded to the Commission, which shall give its opinion …” „… cooperation, it should take into consideration the Commission’s opinion, with regard to whether such enhanced …”

Introduction S. 19-24

„… designated to the Commission and the EP under the emerging component of the CFSP, the European Security and …” „… 19Introduction Almost from the very beginning of its establishment, the European Union (EU), in its …” „… primary form as the European Economic Community (EEC) – which, with the extension of its role in the …”

The Council S. 108-115

„… 108 sovereignty. Moreover, the responsibility of the European Council for the definition of the …” „… , on the Council, the High Representative of the CFSP and the Commission.423 The latter along with the …” „… other Community institutions are subject to increased influence of the European Council ever since the …”

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 …”

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

„… that follows, the Commission will not hesitate to turn to the Court, in a case in which it feels that a …” „… are an example that demonstrates this scenario and the possibility of the Commission to defend against …” „… the Council on the basis of Article J.3 TEU on the European Union’s contribution to combating the …”

The Common Security and Defence Policy S. 270-272

„… Denmark) and the European Commission.1166 Its scope of activities is in the field of defence capabilities …” „… 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 …”

Community measures implementing Joint Actions S. 193-194

„… (political and security) aims in the region, was directly entrusted into the hands of the Commission, which …” „… effectively in protecting the Observers which contribute to the stability in the region. The Commission had …” „… Georgia in the form of equipment. The Commission was further entrusted with the tasks of monitoring 844 …”

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 …”

The legal basis S. 127-128

„… of the European Community (EC) budget – that is, the Commission and the European Parliament (EP …” „… budget of the European Communities. The second, CFSP “operational expenditure”, was to be charged to the …” „… budget of the European Communities535 subject to a unanimous Council decision. In this case, the TEC …”

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 …” „… liaison with the Commission (Article 45(2), amended TEU), with which it already cooperates in creating a …” „… European defence technological and industrial base.1168VI. Financing of the CFSP and the CSDP The …”

The budgetary procedure under TEC S. 128-129

„… taking part in the adoption of the European Community (EC) budget – that is, the Commission and the …” „… 128 was to be charged to the budget of the European Communities. The second, CFSP “operational …” „… expenditure”, was to be charged to the budget of the European Communities535 subject to a unanimous Council …”

The inter-pillar procedure S. 208-211

„… Treaty on the European Union, published in 1995, the Commission criticized the procedure envisaged in …” „… Abdulla Kadi v. Council of the European Union, ECR [2008] I-06351).905 According to the ECJ, in the …” „… 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 …” „… the High Representative for the CFSP, in coordination with the Commission (accepted by the European …” „… Community in the Single European Act (SEA) and the different Treaty amendments,26 supplementing the gradual …”

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

„… the Court of Justice any act or action of the European Parliament or of the Commission performed in …” „… institutional balance set out in the Treaties in force, according the European Parliament prerogatives that are …” „… not provided for in the Treaties and limiting the autonomy of the Commission and its President”. The …”

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

„… 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 …” „… coordinate national control measures and to consult each other and the Commission in this respect.2475 …”

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 …” „… nothing in the TEU “shall affect the Treaties establishing the European Communities or the subsequent …”

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

„… jurisdiction (Joined cases C-181/91 and C-248/91, European Parliament v. Council and Commission, [1993] ECR I …” „… competences.3662. Scope of ECJ jurisdiction under the TEU The nature of the European Political Cooperation …” „… international law basis.367 Nevertheless, the CFSP represents a qualitative leap towards a European foreign …”

Conclusions S. 74-75

„… a full UN trade embargo, who threatened to employ certain measures to bypass the Commission’s …” „… return of the overthrown President Aristide, various Member States agreed to the Commission’s approach …” „… the 1986 SEA – was not unanimously perceived as representing a breakthrough in European political …”

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 …” „… European Parliament. The term “Interinstitutional Agreement” first appeared in the 1988 agreement on …”

The principle of conferred powers S. 26-27

„… 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 …” „… Establishing the European Economic Community (EEC Treaty)) to be relevant and also relating to the external …”

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 …” „… 204 Chapter IX: Inter-pillar aspects of European Union (EU) economic sanctionsEconomic sanctions …”

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

„… implications of Article 301 of the TEC for the Commission The Commission, being an EC institution, is not …” „… its institutions. Is the Commission bound, then, by virtue of Article 301 of the TEC, to submit a …” „… for the obligation on the Commission to submit a proposal to the Council.932As already mentioned …”

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

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

„… 244 Chapter XI: The Treaty of Lisbon: overcoming the duality of the European Union (EU)’s foreign …” „… constitutional project of the European Union (EU) was launched by the European Council meeting in December 2001 …” „… Thessaloniki European Summit in June 2003. After adjusting and finalizing the Draft, the Treaty on a …”

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

„… Lomé-Convention with Haiti: pressure on the Commission in European political cooperation to act against the …” „… 72Commission proposal. However, this was carried out without mentioning Article 133 of the TEC as …” „… the legal basis for the Regulation, as originally proposed by the Commission. The discussion in the …”

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

„… the framework of the WTO, it is the European Commission that negotiates trade agreements and …” „… 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 …”

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 …”

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 …” „… policy objectives. Further roles envisaged for the SG/HR and the Commission involved the implementation …” „… intended by the Member States,819 this recognition of the role that the Commission could play – especially …”

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

„… Parliament; the European Council; the Council; the European Commission; the Court of Justice of the European …” „… European Security and Defence Policy (ESDP) (now renamed the Common Security and Defence Policy (CSDP …” „… Treaty on the Functioning of the European Union. While the Third Pillar of the EU – that is, Title VI of …”

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

„… 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 …” „… national measures. This example of action within European political cooperation represents a case in which …”

Responsibility for ensuring consistency S. 90-91

„… 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 …” „… assigned to the Council and to the Commission, each within its respective powers, while cooperating to this …”

Implementing measures and voting procedure S. 182-183

„… 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 …” „… provisions of the Treaties, including the Treaty establishing the European Community”.797 It was thereby …”

EPC prior to the SEA S. 49-54

„… European Union, commissioned by the Paris Summit, and later known as the Tindemans Report (from 1975).141 …” „… were made to endow the European Communities with a political aspect when the Treaties on European …” „… Defence Community and European Political Community were presented. However, these Treaties were never …”

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

„… Journal of the European Communities.1070 The Commission shall also act together with the Member States in …” „… consideration (such steps require the immediate notification of the Commission); Article 13 enables the Member …” „… Regulation provides that each Member State is to inform the Commission of the laws, regulations and …”

Shared external competences S. 41-46

„… 41After reviewing the Commission’s arguments as to the exclusive Community competence to conclude …” „… 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 …”

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 …”

“Acquis communautaire”: definition S. 91-92

„… dimension is composed of the external relations under the TEC, coupling it with the Commission (the …” „… dimension.337 Both institutions carry equal responsibility with regard to consistency of European foreign …” „… proper interpretation of consistency altered the discussion of European foreign policy into one more …”

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

„… 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 …” „… through national contribution.588 In the Council Joint Action establishing the European Defence Agency it …”

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

„… 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 …” „… coordinate national control measures and to consult each other and the Commission in this respect.2475 …”

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 …” „… of the Foreign Ministers of the nine Member States involved, to which the Commission was not invited …” „… decision on sanctions. The Commission and other Member States, on the other hand, held that the criterion …”

Exclusive external competences S. 37-41

„… Young 2002, p. 1674. 64 Opinion 2/94 on Accession to the European Convention for the Protection of …” „… Community has regulated a certain area, 72 Case 804/79 Commission v. UK [1981] ECR 1045, paragraphs 17–18 …” „… explicit manner by the Court, its statement in the European Laying-up Fund Opinion that, “Although the …”

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 …” „… agreement on relations between the EP and the Commission (“Framework Agreement”),1175concluded between the …” „… mentioned in Article 17(1) amended TEU, according to which “(the Commission) shall initiate the Union’s …”

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 …”

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

„… jurisdiction. Yet, this Article can not categorically exclude the possibility to turn to the European Courts in …” „… , assisted by the Commission,867 shall open the negotiations. Subsequently, on recommendation of the …” „… ), Kommentar, Article 15 EUV, point 7. 867 The Commission might be called to play a yet more substantial role …”

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 …” „… expenditure shall be charged to the budget of the European Communities.577 The CFSP expenditure will be …”

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

„… Commission and the European Parliament (EP), aiming to bring about a convergence of the EU’s foreign policy …” „… 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 …”

Evaluation of the integrated system S. 236-239

„… system In accordance with Article 18 of Regulation 3381/94, the Commission submitted to the European …” „… Decision, as decided by the Commission. Under the integrated system of export control of dual-use goods …” „… establishment of ineffectual cooperation mechanisms between the Commission and the competent authorities of 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 …”

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 …” „… on the signing of the Agreement on behalf of the European Union refers to Articles 24 and 38 TEU (OJ …” „… of the Agreement on behalf of the European Community refers, among others, to Article 300(2) TEC (OJ …”

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 …” „… adopted on the basis of a Commission proposal, unless the Treaties provide otherwise (Article 17(2 …” „… decisions taken by the European Council and the Council in the CFSP (Article 31(1), amended TEU).1159 It is …”

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

„… 141 4. The 2006 IIA between the Parliament, the Council and the Commission on Budgetary Discipline …” „… Commission builds on the 1999 IIA and replaces it. It also includes a special chapter dedicated to the …” „… OJ C139/01, 14 June 2006. 591 Part II, Chapter G, Articles 42–43. 592 The Commission has further …”

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 …” „… the confirmation and reinforcement of the role of the EP, the Commission and the EC, as well as the …”

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

„… 174 3. Financing European operations having military or defence implications (OMDIs) under the ESDP …” „… 8 December 2003 extending and amending the mandate of the Special Representative of the European …” „… case-by-case basis. In the June 2002 European Council Meeting in Seville it had been clarified that the common …”

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 …” „… as its Member States, by virtue of the Treaty establishing it”.896 The European Court of Justice (ECJ …” „… -3649, paragraph 193 (“Kadi”). Moreover, the Commission has occasionally declared its intention to …”

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 …” „… objects of the Treaty on the European Union”.291III. Decision-making procedure 1. The general rule of …” „… the confirmation and reinforcement of the role of the EP, the Commission and the EC, as well as the …”

List of abbreviations S. 16-18

„… Controls COM COM document (European Commission legislative proposals and communications to the EU …” „… 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 …”

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 …” „… The Commission is a member of the Australia Group and an observer at the the Zangger Committee. It has …” „… (Commission Working Paper Report to Parliament and the Council on the Implementation of Council Regulation (EC …”

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

„… opportunity to address a request to the Commission,829 in light of the traditional reluctance to accept the …” „… further involvement of the Commission in CFSP matters. If it does, however, it is probably because of the …” „… be assumed that in such cases the Commission will positively react and submit an appropriate proposal …”

Scope of EPC S. 54-55

„… 54It is only a year later, with the adoption of the Draft Treaty establishing the European Union151 …” „… by the European Parliament (EP), that the idea of creating a “European Union”, encompassing …” „… the European Council led to the appointment of the Dooge Committee in the 1984 Fontainebleau …”

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

„… be within this framework. However, it can also be interpreted as expecting the Commission to act …” „… , then, whether the Community and the Commission are indeed obliged to comply with what has been …” „… jurisdiction. Yet, this Article can not categorically exclude the possibility to turn to the European Courts in …”

Jusiciability of Common Positions S. 198

„… jurisdiction. Yet, this Article can not categorically exclude the possibility to turn to the European Courts in …” „… , assisted by the Commission,867 shall open the negotiations. Subsequently, on recommendation of the …” „… ), Kommentar, Article 15 EUV, point 7. 867 The Commission might be called to play a yet more substantial role …”

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 …” „… institutional process The organizing principle of the European Union (EU) is to secure the representation of …” „… , as well as that of who, in fact, represents and steers European foreign policy.405 This unclear …”

The EU single institutional framework S. 105

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

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

„… the CFSP objectives set out in Article 11 of the TEU, the European Union (EU) shall decide on Common …” „… European Community (EC) policies and instruments. As a result, the cross-pillar character of Common …” „… policies, may at the same time lead to encroachment on the autonomy of the Community and the Commission …”

The Treaty of Lisbon S. 46-47

„… by the Commission against Member States of failure to fulfill obligations under international …” „… -13/00 Commission v. Ireland [2002] ECR I-02943 and Case C-239/03 Commission v. France [2004] ECR I-9325 …” „… delimitation of Union competences, the Treaty on the Functioning of the European Union(TFEU) establishes a …”

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

„… Community institution, when issuing an adequate subsequent Council Regulation on a Commission proposal. Is …” „… the Commission The Commission, being an EC institution, is not directly bound by CFSP Acts and …” „… Commission bound, then, by virtue of Article 301 of the TEC, to submit a proposal to the Council on measures …”

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 …”

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

„… European Communities, the conformity of CFSP decisions with the requirement of consistency in the overall …” „… , the Member States operating within the framework of the TEU through the European Council329 and the …” „… amending provisions – nothing in the TEU shall affect the Treaties establishing the European Communities …”

Legal basis for CFSP financing S. 132-134

„… European Communities (Articles 28(2) and 28(3) subparagraph 1 TEU). Accordingly, the budgetary procedure …” „… supplemented to the TEU in Nice after the establishment of the European Security and Defence Policy (ESDP) that …” „… ” that raises the question of the proper role of the EP and the Commission, when Community …”

Justiciability of Joint Actions S. 190

„… that follows, the Commission will not hesitate to turn to the Court, in a case in which it feels that a …” „… are an example that demonstrates this scenario and the possibility of the Commission to defend against …” „… the Council on the basis of Article J.3 TEU on the European Union’s contribution to combating the …”

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

„… an action brought before it on the basis of a Commission failure to act following a CFSP Decision …” „… to make sure that the inaction of the Commission would not prevent the Union from achieving one of …” „… presented in this context arises when examining the Commission’s action or inaction: would the Court be able …”

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

„… intervention was by having the Commission exercise its authority under the Financial Regulations to make …” „… appropriations would have required the EP’s involvement, the Council managed to get the Commission use its West …” „… European Communities (Articles 28(2) and 28(3) subparagraph 1 TEU). Accordingly, the budgetary procedure …”

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

„… , the full association of the Commission in CFSP could also serve to assure the preservation of the …” „… . 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 Community’s implied external competences S. 33-37

„… the Community – as proposed by the Commission – the latter brought the dispute before the ECJ and …” „… institutions”.52 The doctrine was further developed in the European Laying-up Fund Opinion, in which the ECJ …” „… a European Laying-Up Fund for Inland Waterway Vessels [1977] ECR 741 (hereinafter “European …”

Article 297 of the TEC S. 222-223

„… Community measures still do not fall within its scope, which may bring the Commission and the Council to …” „… entities was later amended by Commission Regulation (EC) No. 2049/2003 of 20 November 2003 (OJ L303/20, 21 …” „… Cases C-402/05 P and C-415/05 Yassin Abdulla Kadi v. Council of the European Union,ECR [2008] I-06351 …”

Article 308 of the TEC S. 223-224

„… Commission and the Council to turn to the “flexibility clause” of Article 308 of the TEC.982 Indeed, Article …” „… of groups and entities was later amended by Commission Regulation (EC) No. 2049/2003 of 20 November …” „… TEC and 301 TEC (Joined Cases C-402/05 P and C-415/05 Yassin Abdulla Kadi v. Council of the European …”

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

„… Part VI, Section 4 of this chapter). 6. The Court of Justice of the European Union and the …” „… a general rule the jurisdiction of the Court of Justice of the European Union1140 (“the Court”) from …” „… -130/10, European Parliament v. Council of the European Union (2010/C 134/40, 22 May 2010). 1140 Which …”

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 …”

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

„… exportation from the European Economic Community (EEC) to third countries (Article 1), while at the same time …” „… Article 22, first indent, of Regulation 1334/2000, discussed below). 1026 Case C-414/97 Commission v …” „… dual-use goods in the European Political Cooperation (EPC)–EEC framework Pursuant to the 1989 international …”

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)). …”

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 …” „… effective controls based on common standards for exports to non-EC countries – brought the Commission in …”

doi.org/10.5771/9783845231198

Kristina Charrad - Participants or Observers in European Governance?

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Kristina Charrad

Participants or Observers in European Governance?

Series: International Civil Society

Volume 4 2010

Results in this title

European Commission S. 65-67

„… Commission The European Commission is targeted most by the lobbyists because of its formal and informal …” „… European Commission is a hierarchically organised bureaucracy, consisting of 27 Directorates-General (DG …” „… : 117). 67Lobbying the European Commission is not just about influencing or changing policy proposals …”

Accreditation and transparency S. 60-65

„… identify them, and how to classify them. According to the European Commission, approximately 15.000 …” „… officials and MEPs in Brussels (Commission of the European Communities 2006). Nearly all works on European …” „… European Commission started to discuss the regulation options towards the end of the year 1992, it favoured …”

Stakeholders and their interests S. 102-107

„… services in the EU is still not completed. As such, the European Commission decided in 2004 to take the …” „… services across the EU and making the European economy more competitive (Commission of European Communities …” „… European Communities 2003: 4) and represents 70% of its GDP (Commission of European Communities 2004: 5 …”

How many lobbyists really work in Brussels? S. 57-60

„… in the classical definition of lobbying. Finally, as noted earlier, the European Commission’s …” „… of the European institutions’ (Commission of the European Communities 2006: 5). Hence, lobbyists are …” „… associations’ (Commission of the European Communities 2006: 5). The media depict the EU lobbyist scene in …”

Actors on the national level are not conscious of European politics S. 139-142

„… European Commission conducted by Gudrun Eisele (04.05.2006); own translation from German language. 43 …” „… Interview with the representative of the European Commission conducted by Gudrun Eisele (04.05.2006); own …” „… 139European level can be seen as efforts to accelerate Europeanisation and in this way ensure a …”

Bibliography S. 174-190

„… Comparative Study of Business Lobbying in the European Parliament, the European Commission and the Council of …” „… ): Insider and Outsider Lobbying of the European Commission. In: European Union Politics 4(2), 165-189 …” „… Policy 14(3), 333-345. Commission of European Communities (1992): An Open and Structured Dialogue Between …”

Appendix 1: Questionnaire S. 191-197

„… No contact We send information We receive information Committee of Regions European Commission …” „… - Cabinet of Commissioner Spidla (Employment, Social Affairs and Equal Opportunities) European …” „… Commission - Cabinet of Commissioner McCreevy (Internal Market and Services) European Commission, DG …”

European Parliament S. 67-68

„… 67Lobbying the European Commission is not just about influencing or changing policy proposals; it …” „… . The monitoring of Commission activities is a very important part of lobbyists’ work on the European …” „… European level. The majority of the Commission’s proposals is forwarded to the European Parliament within …”

Lobbying strategies and resources S. 69-72

„… . Summary: What is a good lobbyist? Most works on the European ‘lobby planet’, including the Commission’s …” „… 693.3.4. Advisory Bodies The influence potential of the two advisory bodies, the European Economic …” „… . Lobbying strategies and resources The targets of the professional lobbyists are not only the European …”

Lobbying: Communication and information exchange S. 19-21

„… on the European Commission’s and the lobbying practitioners’ definitions of lobbying, which departs …” „… from ‘good civil society’. The European Commission’s Transparency Initiative Green Paper of 2006 refers …” „… ’ (Commission of the European Communities 2006: 5). Hence, lobbyists are ‘persons carrying out such activities …”

Summary: What is a good lobbyist? S. 72-74

„… : What is a good lobbyist? Most works on the European ‘lobby planet’, including the Commission’s …” „… 2006: 123). One of the most popular communication formats in the European lobbying arena is the …” „… , specialised in European affairs. Well-placed press releases are a very valuable vehicle for channelling a …”

Civil society: Normative and analytical dimensions S. 15-19

„… ), especially the European Commission. Civil society’s participation is seen as an opportunity to legitimate …” „… before (Commission of the European Communities 2001). This attitude has contributed to the rise in the …” „… conceptually unclear sector of ‘civil society’. Almost every communication of the European Commission stresses …”

The horizontal dimension: Network governance S. 49-52

„… has already been completed in these sub-systems, European institutions, especially the Commission …” „… European federations in order to influence European policy making. Using a direct supranational strategy …” „… , the interest group could seek to directly influence the respective EU civil servants in the Commission …”

Prestige S. 101-102

„… not completed. As such, the European Commission decided in 2004 to take the initiative to resolve this …” „… the European economy more competitive (Commission of European Communities 2004). The services sector …” „… sector employs nearly 55% of the working population in the EU (Commission of European Communities 2003: 4 …”

Appendix 2: List of interview partners S. 197-198

„… of European Commission (the interview conducted by Gudrun Eisele 04.05.2006) 17. RUDKA, Andrzej (Dr …” „… European House in Budapest (19.01.2006)2. CASSIDY, Bryan, Cassidy and Associates International (Public …” „… Affairs in the European Union), Member of the EESC, Group I (Employers), (14.02.2006) 3. 6ERNOCH, Pavel …”

The normative perspective: Legitimacy and interest groups S. 27-31

„… developed on the European level, where organised interests have open access to the Commission, the …” „… (Commission of the European Communities 2001). In this context, lobbying, understood as the influence of …” „… 272. Interest Intermediation and the European Union The increasing significance of the European …”

The vertical dimension: Multi-level governance S. 45-49

„… influence the respective EU civil servants in the Commission and the Members of European Parliament. However …” „… Commission’s proposals and the voting in the European Parliament by convincing the Members of European …” „… unequally distributed on the European level than on the national level (Kohler-Koch 1997: 3; Nollert 1997 …”

Applicability to the EU interest intermediation system S. 39-43

„… groups by the European institutions, especially the selective incentives of the European Commission and …” „… the European Commission so that it has a partner, providing it with information and legitimising its …” „… interests competing freely in the European arena, the existence of lobbying and open access, as well as many …”

Implications for the democratic legitimacy of European governance S. 167-169

„… all governance levels (Commission of the European Communities 2001). It hopes to reduce the democracy …” „… European countries (Commission of the European Communities 2005). The EU declares that it wants to reach …” „… European policy and the new simply observing how the policy is being shaped and not having the capacity to …”

Outlook: Recommendations for the organisations and future perspectives S. 169-171

„… Affairs Directory, the Registry of European Parliament or the European Commission’s Register of Interest …” „… 169governance levels and, most important, reach the citizens in the whole European Union. The …” „… long-term effect of a marginalised group of actors in European politics having just an observer role might …”

Appendix 3: Interview guide S. 198-200

„… your office in Brussels? How do you started to work on the European level? Have you had any training …” „… Eurogroups? How important is European representation, compared to the lobbying at the national level, and …” „… you control what is happening on European level? How do you start to develop lobbying activities? Can …”

Titelei/Inhaltsverzeichnis S. 2-14

„… Commission 66 3.3.2. European Parliament 67 3.3.3. Council of Ministers 68 3.3.4. Advisory Bodies 69 3.4 …” „… with Disabilities EC European Commission ECAS European Citizen Action Service ECH EUROCHAMBRES …” „… European Civil Society edited by Taco BrandsenGemma Donnelly-CoxMatthias FreiseMichael MeyerFilip …”

Affiliation with organised civil society S. 147-150

„… European level complicated. 6.4.1. Affiliation with organised civil society Since the definitions of civil …” „… , and their representatives are sent to the EESC and the European level social partners’ organisations …” „… legitimises their presence on the European level. Most organisations from the Visegrád countries involved in …”

Advisory Bodies S. 69

„… 693.3.4. Advisory Bodies The influence potential of the two advisory bodies, the European Economic …” „… . Lobbying strategies and resources The targets of the professional lobbyists are not only the European …” „… they are to gain access to the European institutions and be heard. Stakeholder analysis was established …”

Council of Ministers S. 68-69

„… success of lobbying efforts are contacts to MEP assistants, civil servants of the European Parliament, and …” „… directly. 693.3.4. Advisory Bodies The influence potential of the two advisory bodies, the European …” „… European institutions; the other stakeholders in an issue are no less important. A stakeholder is …”

A lack of networking in the multilevel system S. 142-147

„… from the European Commission or other organisations, so we devote each meeting for some subject. There …” „… communicate to the European Commission, the European Parliament and the European federations. A wide range of …” „… . The CEE organisations are passive and still hardly make their mark in policy making on the European …”

Policy networks: Focus on complex relationships S. 34-39

„… groups by the European institutions, especially the selective incentives of the European Commission and …” „… the European Commission so that it has a partner, providing it with information and legitimising its …” „… Waarden 1992). 35the network concept to forms of interest intermediation, European research relates it …”

Overview of results S. 159-167

„… in the services market than the European Commission’s original proposal allowed for. This indicates …” „… 1597. Conclusion The unique European governance model offers opportunities and encourages civil …” „… society organisations to participate in the policy-making process. In the complex scheme of European …”

Attitude to lobbying in the Visegrád countries S. 150-151

„… . The lack of unity on the national level is transferred also to the European level and is not conducive …” „… , the interviewees reported, is the negative attitude toward lobbying. In the Eastern European societies …” „… . Although government officials understand that lobbying is welcomed on the European level, they still …”

What added value do lobbyists bring into the system? S. 43-45

„… their disposal. The civil servants of the European Commission (which has a policy initiative right …” „… scholars point to the special role of information in the policy-making process on the European level …” „… their limited personnel and financial capacities, European institutions are dependent on information …”

Perception of mission and functions S. 136-139

„… European Commission and the European Parliament. Instead they quite often just imagine what would be the …” „… with the European level. 6.2.2. Perception of mission and functions The examination of the theoretical …” „… discussion on interest groups and European governance in Chapter 2 showed that organised civil society …”

Mapping the communication network S. 110-127

„… Visegrád countries have no direct contacts (value 1) with the European Commission; instead, they show the …” „… Commission (EC) enjoys the top status, followed by two other European Union bodies: the EESC and the Internal …” „… , with the value 1, meaning direct contact and direct information transmission with the European …”

Actors and relations S. 94-95

„… 94 The first set of organisations was identified in the CONECCS database of the European Commission …” „… policy. In parallel, the Lobbyist Registry of European Parliament and the European Public Affairs …” „… Directory (2005) were searched for representatives from Eastern European organisations and organisations …”

Setting the scene: Boundary specification and sampling S. 91-94

„… CONECCS database of the European Commission, which recorded all organisations registered in the field of …” „… 915. Newcomers on the European level: Participants or observers in European governance? 5.1 …” „… involvement of the organisations from Visegrád countries in the decision-making system on the European level …”

doi.org/10.5771/9783845222363

Petr Kratochvíl, Elsa Tulmets - Constructivism and Rationalism in EU External Relations

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Petr Kratochvíl, Elsa Tulmets

Constructivism and Rationalism in EU External Relations

2010

Results in this title

The European Commission S. 119-127

„… Constructivist Mixed 1.2 The European Commission The Commission played a key role in the launching phase of the …” „… . 302 Commission of the European Communities, Wider Europe – Neighborhood: A New Framework for Relations …” „… phase (2004-2007), the European Commission changed its strategy towards the neighbourhood. Speeches by …”

Documents and press releases S. 178-187

„… . Commission of the European Communities, Wider Europe-Neighborhood: A New Framework for …” „… . Commission of the European Communities, EU/Georgia Action Plan, 2004a …” „… . Commission of the European Communities, European Neighbourhood Policy – Country Report – Ukraine …”

The European Parliament S. 127-136

„… 127 The European Commission: Summarising table Phase 1. 2. 3. Years 2002-2004 2004-2007 2007 …” „… the other EU institutions, mainly the Council and the European Commission. Each report gave birth to a …” „… meantime by the Commission, i.e. its ENP strategy paper of 2004, its proposal for a European Neighbourhood …”

Interviews S. 86-92

„… exclusively to the role of the European Commission and the general pressure of the Union and its members, even …” „… particular, the European Commission meant the transition from a normative interpretation (which was at odds …” „… consequence of the discussion with the European Commission and the importance for 175 Interview 4. 176 Cf …”

A policy design focused on bilateral relations S. 61-69

„… EU as an important actor in its vicinity. The European Commission pushed for the use of a new tool …” „… the European Security Strategy.121 According to our interviews at the European Commission, the …” „… Security Strategy, Brussels, 12 December 2003. 122 Interviews at the European Commission, 2006. 67 sions …”

The Council S. 111-119

„… level, and the European Commission. As usual in the EU´s external policies, the European Parliament has …” „… Interviews Rationalist Constructivist Mixed 1.2 The European Commission The Commission played a key role in …” „… the institutions of the European Union. This chapter will look at the various levels of ENP-related …”

Conclusion S. 165-173

„… contradict the position of the European Commission. Some findings are truly surprising in this respect. The …” „… between the EU and its neighbours 1990s 2002 2003 2004 2005 2006 2007 2008 2009 European Commission …” „… positive correlation between the evolutions of the attitudes of the Council and the European Commission …”

The difficulties to bridge geographical expertise S. 53-57

„… implemented only recently. Attention paid to the policy has 76 Commission of the European Communities …” „… Council or in the DG Relex of the European Commission. The same applied in most ministries of Foreign …” „… – between the Council’s secretariat, the Commission and the European Parliament. For instance, although the …”

Research design S. 47-52

„… related queries, such as the role of the European Commission and other EU institutions in the process and …” „… quite obvious since the European Commission and the Council of the EU (especially the former) have had a …” „… that the European Commission is the principal actor who defines the future course of the policy. Even …”

– The list of interviews S. 174-176

„… European Integration Ministry of Foreign Affairs Moldova June 2009 8 The Secretariat National Commission …” „… European Parliament Belgium October 2008 30 Cabinet of Commissioner Benita Ferrero-Waldner, Political …” „… Department European Commission Belgium October 2008 31 Directorate General Relex European Commission Belgium …”

Germany S. 136-146

„… ENP through the three main institutions – the Council, the Commission and the European Parliament …” „… position, the member states started to cooperate with the European Commission on the issue. Somewhat later …” „… . 161-176. 365 Commission of the European Communities, (2006d), op. cit.. 366 Marcussen, M. et al …”

Discourse analysis S. 99-105

„… . 235 Commission of the European Communities, Wider Europe – Neighborhood: A New …” „… management. In this regard, we welcome the European Commission’s readiness to explore possibilities of visa …” „… representative of the European Commission: “Mr. Juul informed the Parliamentary Cooperation Committee that the …”

Interviews S. 96-99

„… central institutions. They particularly hit the relations between the National Commission for European …” „… the European Union. The general argument repeated in almost every interview was that “the European …” „… /> 210 Ostalep, V., Deputy Minister of Foreign Affairs and European Integration of the Republic of …”

The ENP and EU sub-regional policies S. 69-70

„… with the EU’s propositions. 133 Interview at DG Relex, 2008. European Commission, (2006d), op. cit …” „… .. 134 Commission of the European Communities, (2006d) and (2007b), op. cit. 135 Commission of the …” „… . We have so far not mentioned the role of the European Parliament, which also debated the creation of …”

Four types of EU external relations and their relations to theories S. 30-47

„… we analysed, to give one more example, the relations between the European Commission and the European …” „… fact very much the European Commission which defends such an approach.55 52 Zielonka, J., Europe as …” „… Commission and supported by the national elites in East-Central European candidate countries. All of these …”

Interviews S. 105-110

„… “serious resistance from the European Commission”.253 Another element was the symbolic competition with …” „… , Europeanisation was mainly connected to a deeper knowledge of and more proximity to the European Commission. While …” „… terms of timing and priorities”257 followed. Georgia´s diplomats as well as the European Commission were …”

France S. 146-155

„… closer to the position of the European Commission, which stressed the importance of “strategic ambiguity …” „… enlargement. The population was generally growing sceptical towards the project of European integration, which …” „… , E., “The European Neighbourhood Policy: How Does National Identity Makes its Way to Brussels?” in …”

Titelei/Inhaltsverzeichnis S. 2-6

„… 1.2 The European Commission 119 a) Discourse analysis 120 b) Elite interviews 124 1.3 …” „… European Neighbourhood PolicyNomos1. Edition 2010© Nomos Verlagsgesellschaft, Baden-Baden 2010. Printed in …” „… Relations: The European Neighbourhood Policy)5 Contents List of Abbreviations 7 Introductions 9 Chapter …”

– The (abridged) questionnaire S. 177

„… European Commission? 11. How would you describe the approach of member states? 12. How would you describe …” „… European institutions? If yes, which one(s)? If yes, were you more in contact with EU officials or …” „… which topic(s)? 9. What did you learn from the encounters with the representatives of the European …”

Discourse analysis S. 71-86

„… European Commission on Implementation of the ENP in 2007, the Ministry declared that “the Communication …” „… on the Communication from the European Commission on Implementation of the European Neighbourhood …” „… exclusively to the role of the European Commission and the general pressure of the Union and its members, even …”

The difficulties to analyse a policy not implemented yet S. 57-58

„… secretariat, the Commission and the European Parliament. For instance, although the policy was officially …” „… instrument, the European Neighbourhood Policy Instrument (ENPI), which in 2007 replaced both TACIS (for the …” „… Commission in particular.87 85 Cremona, M., (2004), op. cit.; Kelley, J., (2006), op. cit.; Del Sarto, R …”

Bibliography S. 193-200

„… Policy of the European Union: Perspectives from the European Commission, France, Germany, Poland, Ukraine …” „… 193 Bibliography Adler, E., “Seizing the Middle Ground: Constructivism in World Politics”, European …” „… East Central Europe: The Hungarian Approach to EU Accession”, Journal of European Public Policy, 6 …”

Introductions S. 9-14

„… European Commission that is (mistakenly) interpreted as that of the EU as a whole. Interestingly, in the …” „… the EU (France, Germany, and Poland; and the European Commission, the Council of the EU, and the …” „… 9 Introduction The European Neighbourhood Policy (ENP) is a fascinating object of study. Although …”

Poland S. 155-164

„… relations with Eastern Europe but the European Commission also modified its position – from Romano Prodi´s …” „… by the European Commission. But Poland specialised in human rights promotion and political dialogue …” „… arguments only rarely made connections between the European identity of the partner countries and their …”

The difficult access to empirical information S. 58-61

„… Union: Perspectives from the European Commission, France, Germany, Poland, Ukraine and Moldova”, Foreign …” „… Warwick, J., (eds.), (2007), op. cit.. See also the numerous studies issued by the Centre for European …” „… Foreign Affairs: Taking the European Neighbourhood Partner States to the European Court of Justice …”

doi.org/10.5771/9783845226507

Mahulena Hofmann - Harmful Interference in Regulatory Perspective

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Mahulena Hofmann (ed.)

Harmful Interference in Regulatory Perspective

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 5 2015

Results in this title

Max Spielmann The European Commission’s Proposal for a “Connected Continent” S. 143-160

„… The European Commission’s Proposal for a “Connected Continent” Max Spielmann* Abstract The European …” „… European Commission, “Proposal for a regulation of the European Parliament and of the Council laying down …” „… and (EU) No 531/2012”, European Commission, COM(2013) 627 final, 2013/0309 (COD), Brussels, 11 …”

Gerry Oberst European Law as an Instrument for Avoiding Harmful Interference S. 123-142

„… complete reversal of the original European Commission proposal, which would have omitted receivers from the …” „… European Commission to launch consultations on spectrum usages, ultimately with the aim of setting new …” „… transmitters.20 This issue was raised at a time that the European Commission had proposed a more limited …”

List of Authors S. 261-266

„… Commission, Prof. Smith became a researcher in European law at the Centre for European Legal Policy, ZERP …” „… in media and telecommunications. His final thesis focuses on the European Commission proposal for a …” „… , she was the holder of the Jean Monnet Chair in European Law and Transition Studies at the Faculty of …”

Guy Modert The Restructuring of an Intergovernmental Satellite Communications Organisation from a Luxembourg Perspective S. 231-260

„… as possible for review by the European Commission and that the Commission can give its approval to …” „… EUTELSAT was officially notified to the European Commission in September 1999 and, at its 29th meeting in …” „… Paris in May 2001, the Assembly of Parties noted that the European Commission had given clearance to …”

Titelei/Inhaltsverzeichnis S. 1-8

„… European Law as an Instrument for Avoiding Harmful Interference 125 Gerry Oberst The European Commission’s …” „… Frequency Interference in the Earth Exploration Satellite Service: the Case of the European Space Agency’s …” „… National Space Law 101 Jean-François Mayence III. Harmful Interference in the Context of European Law 123 …”

Justin (Gus) Hurwitz Satellite Harmful Interference: A U.S. Telecom Perspective S. 173-192

„… between satellite users, the U.S. experience offers a valuable perspective for European regulators to …” „… for terrestrial uses. This experience should be of interest to European regulators. The basic impulse …” „… terrestrial or cable radio or television. 2 Decision No 626/2008/EC of the European Parliament and of the …”

Alexander Soucek Radio Frequency Interference in the Earth Exploration Satellite Service: the Case of the European Space Agency’s SMOS Mission S. 55-64

„… European Commission in implementing the EU’s Radio Spectrum Policy. 29 Daganzo-Eusebio, Elena, et al., SMOS …” „… Radio Frequency Interference in the Earth Exploration Satellite Service: the Case of the European …” „… Space Agency’s SMOS Mission Alexander Soucek* Abstract The European Space Agency (ESA) has a vested …”

Frans G. von der Dunk The ‘Space Side’ to ‘Harmful Interference’ – Evaluating Regulatory Instruments in Addressing Interference Issues in the Context of Satellite Communications S. 85-100

„… of the European Union (EU), including all EU law, is currently based on the Treaty on European Union …” „… as amended by the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing …” „… the European Community, Lisbon, done 13 December 2007, entered into force 1 December 2009; OJ C 326/13 …”

Lesley Jane Smith Contractual Responses to Loss of Satellite Based Services S. 65-84

„… concerns of potential abuse of dominant positions by information platforms; the European Commission has …” „… European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing …” „… underway see Commission Commissioner statement at http://europa.eu/rapid/press-release_MEMO-15-4781_en.htm …”

Olga Batura Harmful Interference and Human Rights S. 215-230

„… Experts on Fundamental Rights, DG Justice, Freedom and Security of the European Commission, 2006, pp …” „… (accessed on 27.1.2015). Harmful Interference and Human Rights 217 19 (2) ICCPR, Article 10 (1) European …” „… ECFR recognises freedom to conduct business in accordance with European law and national laws and …”

Mahulena Hofmann Introduction S. 9-16

„… towards the integration of spectrum management on the European level the most promising path to improve …” „… Villalón (Advocate General at the Court of Justice of the European Union), the European regulatory …” „… definition of a “serious degradation” of a communication signal as contained in the European regulatory …”

Johan G. Kroon Harmful Interference from the Netherlands Radiocommunication Agency Perspective S. 161-172

„… European countries, and among them the Netherlands, to send a letter to some countries in the Middle East …” „… US government, both by itself and in cooperation with several European countries experiencing the …” „… and the radio astronomy community but also on a European level with the US government. This is an …”

Jean-François Mayence Harmful Interference in Telecommunications under International and National Space Law S. 101-122

„… legal order several European Directives. Directive 2002/21/EC18 as amended by Directive 2009/140/EC19 …” „… 337, 18.12.2009, p. 37. 20 This is done on the model of the European Space Agency’s register, which …” „… operational phase of the European GNSS programmes, the protection of the Redu Centre as critical …”

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