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The year 2017 has been an uneasy one for the EU, with so-called Brexit on the horizon and the rise of populist euroskepticism in a number of Member States. This year, with the tenth anniversary of the Romanian and Bulgarian accession to the Union, is a good year to pause and reflect over the life and future of the Union. In this work, we envision the next decade with Europe 2020 strategy and review the fruits of the 2004 accession in Central and Eastern Europe. What has the Union achieved? Which policy areas are likely to change and how? How successful, and by what measure, has the accession of the 10 Member States in 2004 been? Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process – hence the subtitle, unexpected results, spillover effects and externalities.
After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.
European views on Turkey’s membership in the EU have been split between those in support of its full integration and those advocating a privileged partnership. To the extent that many of the latter proposals imply that Turkey will be partially integrated within Europe in certain areas, the question of Turkey’s accession is probably not about ‘if’, but about ‘how much’ integration there will be within the Union’s structures. The purpose of this book is not to offer a definitive response to this question. The book aims instead to examine the complexity of the issues pertaining to Turkey’s prospective EU membership by presenting several, often divergent, accounts of the political, security and socio-economic dimensions of the entire process. The book provides a forum for an exchange of views among distinguished scholars and researchers from different national backgrounds in order to contribute to the ongoing public discussion of Turkey’s accession. Sophisticated, informative and refreshing in its argumentation, the book provides an excellent overview of the complexities of Turkey’s accession to the EU membership. Professor Mustafa Aydin, TOBB University of Economics and Technology A refreshing view from the European periphery, an original mirror of the Union's central challenges. Professor Georges Prevelakis, University of Paris 1 – Panthéon-Sorbonne
This book sheds light on the contradictions underlying the European Union enlargement process, specifically to the Western Balkans, challenging the common assumption that the integration of an extended European space might be possible without mutual transformation of the institutions and agencies involved. Sekulić maps the institutional dimension of the accession process, and analyses how the conditionality principle shapes and constrains the space for negotiation within the EU. Combining ethnographic research with the discourse analysis of the European Commission’s reports and documents from 2008 to 2019 concerning the Western Balkan countries, the book also explores the perceptions and agency of the individuals involved in this process. The European Union and the Paradox of Enlargement will be of interest to students and scholars of European integration, the sociology of Europe and the EU, and Eastern European and Western Balkan studies.
Turkey’s accession to the European Union is undoubtedly one of the Union’s most contested potential enlargements. The narrative that dominates the debate surrounding this issue primarily relates to problems such as a lack of respect for fundamental human rights in Turkey, the Kurdish question and the continuing stalemate concerning northern Cyprus. This book looks at these issues, but also proposes that a review of Turkey’s experience with the EU in its numerous incarnations suggests that these concerns may mask a deeper disquiet. Whilst there are several questions that Turkey must address, particularly in the area of human rights guarantees, the concerns which raise debates regarding Turkish membership are not issues that are unique to Turkey. Turkey’s EU experience also raises fundamental questions about religion and the EU project that have greater implication than simply Turkish accession. Through the lens of the Turkish example, this book addresses these broader questions, such as the nature of European ‘identity’, Europe’s Christian past, the limits of pluralism and the fundamental question of religion in the European public sphere. This book will be of great interest to those engaged in research on European law and politics at undergraduate or postgraduate level. It is also aimed at academics with an interest in human rights and the European Union and with a regional interest in Turkey.
The accession of Turkey to the EU presents a fascinating case study for all those with an interest in europeanisation. Officially recognised as a candidate for full membership in 1999 Turkey's negotiations with the EU have been protracted and highly controversial. Turkey and the European Union: Processes of Europeanisation offers a coherent and focussed account of Turkey's recent relations and accession negotiations with the EU. Europeanisation as an explanatory tool is used to review how the EU has successfully induced change in Turkish policies and institutions whilst careful analysis is also conducted into where europeanisation has failed and explores how it may even have inadvertently contributed to forming a backlash against accession. Authoritative local and International contributors provide in-depth analysis as to why the process has had such a varied impact across a range of policies and institutions and ask, given the high costs of joining the EU and decreasing incentives, if europeanisation can still exert an influence in the future. Despite Turkey's unique geographical and political position between East and West the relationship with the EU is not a case sui generis. This book offers valuable insights on the effectiveness of europeanisation for all those within and without the framework of the European Union.
The effects of the Eastern enlargement, the biggest so far, are still felt across the European Union (EU). Many warned the EU was about to overreach the limits of its integration capacity. More than a decade later, this book presents a broad-based and systematic evaluation of the 2004–2007’s enlargement and its impact on the EU. In contrast to widespread scepticism, our results show that the EU’s integration capacity has been strong. Credible accession conditionality and pre-accession assistance have had a positive impact on democracy, governance capacity, and economic transformation, at least before accession. After accession, EU institutions have proven resilient. Eastern enlargement has not affected negatively the legislative capacity of the EU. It has not led to a deterioration of compliance and implementation of EU law either; initial differentiated integration has quickly returned to normal levels. This generally positive assessment stands in stark contrast with increasing public opposition to future EU enlargements. We identify some less known sources of such opposition: the lack of communication and political debate about enlargement between EU leaders and their citizens. Public opposition undermines the credibility of EU conditionality, which is crucial for having a positive impact on neighbouring countries in the future. The chapters in this book originally appeared in a special issue in the Journal of European Public Policy.
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
The book provides the first comprehensive comparative analysis of the development of EU enlargement conditionality across four different enlargement waves - the first (2004) and the second (2007) phase of the Eastern enlargement, the EU enlargement to Croatia (2013), and the ongoing enlargement round involving Turkey and the Western Balkans.