Reconciling the Deepening and Widening of the European Union

, by Edited by Steven Blockmans , Sacha Prechal

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ISBN: 9789067042642 | 9067042641
Cover: Hardcover
Copyright: 5/8/2008

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Each enlargement of the European Communities/Union since 1973 has emphasized the strain that the 'widening' puts on the 'deepening' of the European integration process. The recent rounds of EU enlargement have stretched the operational capacity of the European Union to the maximum, triggering a debate on the final shape and borders of the Union and prompting the Member States to review the framework of primary law on the basis of the failed Constitutional Treaty.

Foreword	p. V
Summary of contents	p. VII
List of abbreviations	p. XV
The European integration process: a continuum of 'deepening' and 'widening'	p. 1
Introduction	p. 1
A short history of 'deepening' and 'widening'	p. 2
The EU's final frontier - and beyond	p. 4
The perceived need for further 'deepening'	p. 6
A flexible future for the European Union?	p. 8
The academic contribution: this volume	p. 10
A diagnosis of the Area of Freedom, Security and Justice: remedies and reforms in the domains of immigration, terrorism and security	p. 13
Introduction	p. 13
Diagnosing the Area of Freedom, Security and Justice: the positive symptoms	p. 13
Diagnosing the Area of Freedom, Security and Justice: the negative symptoms	p. 15
It's the decision-making rules, stupid!	p. 20
Would the Constitutional Treaty have been a good remedy?	p. 23
Finale	p. 25
Conclusion	p. 27
'Widening' vs. 'deepening' the European Union: free movement vs. social rights in the Laval case before the ECJ	p. 29
Introduction	p. 29
The Swedish Laval case as a starting point	p. 30
Social rights as fundamental rights exempted from EC free movement rules?	p. 32
Possible exemptions from Article 49 and 43 TEC for labour unions	p. 32
Article 137(5) TEC?	p. 32
'Non-statutory exemption' for trade unions derived from competition law?	p. 33
Freedom of contract?	p. 33
The importance of the Gustafsson and Rasmussen judgment of the ECtHR	p. 34
The Werhof judgment of the ECJ	p. 35
Constitutional traditions of Member States concerning social action	p. 35
The applicability of Article 49 TEC to social actions against the posting of workers in Laval	p. 37
The origin of the industrial conflict	p. 37
The posting of workers by Laval in Sweden as an exercise of the freedom to provide services	p. 38
Restrictions on the provision of services	p. 38
Obligations of the Swedish state	p. 39
Effects of Article 49 TEC against Byggnads, et al.?	p. 40
Preliminary results of the discussion	p. 41
Justifications	p. 41
The Lex Britannia	p. 42
Industrial action against an undertaking established in the European Union	p. 43
Equivalence of Swedish and Latvian collective bargaining agreements?	p. 45
The discriminatory element of action inherent in the Lex Britannia	p. 46
Directive 96/71	p. 46
Objectives of the directive	p. 46
Article 3(1) of the Directive 96/71	p. 47
The option for collective agreements under Article 3(8)	p. 48
Enforcement of eventual minimum pay obligations?	p. 50
Public policy exceptions under Article 3(10) in conjunction with constitutional law	p. 51
Effects of an eventual non-justification of industrial action	p. 52
Annex: Opinion of AG Mengozzi of 23 May 2007	p. 55
Consolidating the enlargement agenda for South Eastern Europe	p. 59
Introduction	p. 59
The state of affairs	p. 61
Turkey	p. 61
Stabilisation and Association Process	p. 65
Raising the threshold	p. 65
A graduated process	p. 67
Croatia	p. 68
Macedonia (FYROM)	p. 72
The 'potential' candidate countries	p. 73
Novelties in pre-accession conditionality	p. 76
Multi-dimensional nature	p. 76
The requirement of regional cooperation	p. 77
Conundrum	p. 77
Reconciling enhanced bilateralism with enhanced multilateralism	p. 79
ICTY conditionality	p. 81
The revised procedure for accession negotiations	p. 82
Protecting the Union	p. 82
Benchmarking	p. 83
Concluding remarks	p. 85
Box of chocolates integration: the European Economic Area and the Swiss model revisited	p. 87
Introduction	p. 87
The basics: What do the enhanced multilateralism and bilateralism amount to?	p. 89
General remarks	p. 89
The institutional set-up	p. 91
The conundrum: how to reconcile the prerequisite of uniform application and interpretation of EU law with the enhanced multilateralism and bilateralism?	p. 93
Introductory remarks	p. 93
The nature of the European Economic Area and EC/EU-Swiss legal frameworks	p. 95
Legislative methods for securing homogeneity	p. 99
Administrative and judicial methods for securing homogeneity	p. 102
The conclusions: is there a future for enhanced multilateralism and bilateralism?	p. 108
On the European Union's institutional capacity to cope with further enlargement	p. 111
Introduction	p. 111
Absorption, enlargement and integration capacity	p. 112
In search of the limits of the institutional framework	p. 116
Democratic legitimacy	p. 117
Efficiency	p. 120
In search of sustainable solutions	p. 123
Treaty establishing a Constitution for Europe - an adequate response?	p. 123
Towards an 'enlargement-proof' institutional structure?	p. 127
Conclusion	p. 129
A flexible future for the European Union: the way forward or a way out?	p. 133
Introduction	p. 133
Supranationality versus disintegration?	p. 134
Different forms of flexibility in EU law and policy	p. 136
Constitutional flexibility: enhanced cooperation and voluntary withdrawal	p. 137
Differentiation through international agreements	p. 140
Extending participation in EU law and policy for EU members	p. 140
Extending participation in EU law and policy to non-EU members	p. 142
Differentiation through accession treaties	p. 146
Excluding participation in EU law and policy for EU members	p. 146
Constitutional principles limiting exclusion?	p. 150
Flexibility in an enlarging Union: the way forward of a way out?	p. 154
Conclusion	p. 155
Widen to deepen? The potential and limits of accession treaties to achieve EU constitutional reform	p. 157
Introduction	p. 157
Can widening serve as a vehicle for deepening?	p. 158
The role of accession treaties in bringing about institutional reform	p. 160
Legal potential	p. 160
Advantages in introducing reforms through accession treaties	p. 161
Practice	p. 162
Limits to the introduction of institutional reforms through accession treaties	p. 163
Role of the court	p. 164
Conclusion	p. 165
Keynote speech	p. 167
Introduction	p. 167
General remarks	p. 168
Deepening	p. 169
New solutions	p. 170
The judicial system	p. 172
Conclusion	p. 172
Report of the discussions during the colloquium	p. 175
Deepening	p. 175
Widening	p. 177
Reconciling deepening and widening	p. 179
List of contributors	p. 185
Index	p. 187
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Reconciling the Deepening and Widening of the European Union

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