Dissertations / Theses on the topic 'Treaty establishing the European Community'

The objective of this thesis is to evaluate European States&rsquo<br>efforts to develop a coherent and effective foreign and security policy in the context of historical evolution of the CFSP. In this thesis, European States&rsquo<br>efforts to develop a coherent and effective foreign and security policy will be evaluated in three international political contexts. First period is Post World War II Period, second one is Post-Cold War Period and third one is Post September 11 Period. In the context of Post World War II period, European States&rsquo<br>efforts to develop a coherent and effective foreign and security policy is shaped by the conditions of Cold War, Bipolar World and threat of Soviet expansionism towards Western Europe and characterized by the attempts such as European Defence Community, Fouchet Plan and European Political Cooperation. In the context of Post-Cold War period, European States&rsquo<br>efforts to develop a coherent and effective foreign and security policy were shaped by ex-Yugoslavian Conflict in early 90s which brought new security challenges such as ethnic conflicts and instability in the ex-Communist States in Central and Eastern Europe. EU&rsquo<br>s attempts were characterized by the CFSP which was launched by the Maastricht Treaty and the CESDP which emerged after Kosovo War with Saint Malo Declaration as defence dimension of the CFSP. In the context of Post September 11 period, European States&rsquo<br>efforts to develop a coherent and effective foreign and security policy were shaped by global fight against international terrorism. EU&rsquo<br>s attempts were characterized by adoption of European Security Strategy which accepted international terrorism, organized crime and proliferation of weapons of mass destruction as key threats towards Europe and aimed at developing a coherent vision of strategic objectives, shared threat assessment for European States in order to prevent divisions among EU States in future international events. The main argument of this thesis is that in order to be an important and effective actor in global politics, EU Member States should act coherently and speak with one voice. Their influence on important international issues is greater if they act as a coherent actor rather than acting individually.

Thesis advisor: James Cronin<br>In 1957, the Treaty of Rome was signed by six West European states to create the European Economic Community (EEC). Designed to foster a common internal market for a limited amount of industrial goods and to define a customs union within the Six, it did not at the time particularly stand out among contemporary international organizations. However, by 1992, within the space of a single generation, this initially limited trade zone had been dramatically expanded into the world's largest trade bloc and had pooled substantial sovereignty among its member states on a range of core state responsibilities. Most remarkably, this transformation resulted from a thoroughly novel political experiment that combined traditional interstate cooperation among its growing membership with an unprecedented transfer of sovereignty to centralized institutions. Though still lacking the traditional institutions and legitimacy of a fully-fledged state, in many policy areas, the European Union (EU) that emerged in 1992 was nonetheless collectively a global force. My dissertation argues that the organization's unprecedented transfer of national sovereignty challenged the very definition of the modern European state and its function. In structure and ambition, it represented far more than just a regional trade bloc among independent states: it became a unique political entity that effectively remodelled the fundamental blueprint of the conventional European state structure familiar to scholars for generations. How did such a dramatic transformation happen so quickly? I argue that three forces in particular were at play: the external pressures of globalization, the search for a new Western European and German identity within the Cold War world and the often unintended consequences of the interaction between member state governments and the Community's supranational institutions. In particular, I examine the history of the EEC's monetary union, common foreign policy, common social policy and the single market to explain the impact of the above forces of change on the EEC's rapid transformation<br>Thesis (PhD) — Boston College, 2014<br>Submitted to: Boston College. Graduate School of Arts and Sciences<br>Discipline: History

This thesis aims at answering two questions under the topic of Harmonisation of Industrial Property Rights Protection Procedures in the European Union. The questions researched are: &ldquo<br>What are the current systems of Industrial Property Rights protection in the world, in the European Union and Turkey?&rdquo<br>and &ldquo<br>Is there a way for Turkey to be included within the EU Industrial Property protection system in the future while still being under the relation of Customs Union?&rdquo<br>. To answer these questions current systems of Industrial Property Rights protection in the world, in European Union and Turkey is briefly analyzed and following this analysis, a proposal for a closer cooperation in Industrial Property protection system of Turkey with the European Union is given backed up with a comparison of statistical data of EU, Turkey and candidate countries.

The aim with this thesis is to find out how one can understand the exceptions not to introduce the euro as the currency of Denmark and the United Kingdom, as well as their attitude to European integration. It has been implemented in a comparative case study using theories in which the case has been the central focus of the investigation. The theories being used is rational actor model that emphasizes rational decision-making and self-interest. In comparison to that theory has a historical institutional perspective been used, which emphasizes path-dependency and critical events. The focus of the study is the time when the countries became members of the European Economic Community in 1973 to the Maastricht Treaty in 1993 where these exceptions not to introduce the euro as the currency was ratified. In the analysis section, one can see portions of both theories to a varying degree. The conclusions of the study is that both countries show a skeptical attitude to European integration and that the exceptions to not introduce the euro as a currency is based on this critical view of moving power to centralized institutions.

After years of intense negotiations between member states of the East African Community (EAC) and the European Union, an interim Economic Partnership Agreement was finally initialled on the 27 November 2007. This interim agreement is intended to be an instrument for development by furthering poverty reduction, sustainable development, regional integration and integration of EAC countries into the world economy. However provisions contained in the interim agreement have raised legitimate concerns as to their ability to address these development issues. The African ministers of trade identified nine contentious provisions which are regarded as both legally and developmentally problematic. One of these issues is the most favoured nation (MFN) clause under which parties are required to extend to each other any better or more favourable treatment granted to other countries, which are either developed countries or major trading economies. The urgency behind the negotiation of Economic partnership agreements between the EU and the African Caribbean and Pacific Countries (within which category fall the EAC member states) was the requirement for a WTO compliant legal regime to govern the relationship between both parties. Previous trade regimes were challenged by other WTO members for being discriminatory. However provisions in the interim agreement such as the contentious MFN clause are more than what is required for WTO compatible regional trade agreements. The inclusion of the MFN clause poses major challenges to the trade and development needs of the EAC countries especially the least developed among them. This dissertation will attempt to critically analyze the potential implications of the MFN clause to the East African countries particularly Uganda as one of the least developed member states in the region.<br>Dissertation (LLM)--University of Pretoria, 2010.<br>Centre for Human Rights<br>unrestricted

Pretendendo evidenciar uma leitura jurídico-política sobre o começo da integração europeia - iniciada por meio da fundação jurídica da CECA, esta Tese visa a responder à pergunta: quando, como e por meio de quais instituições, países europeus tradicionalmente opostos em termos militares estabeleceram entre si, após o término da Segunda Guerra Mundial, de maneira inédita e inaudita em sua História, um novo modo de relações responsável por tornar impossível e impensável a deflagração de nova Guerra regional? Para responder a essa pergunta, o presente trabalho assume a perspectiva de uma Pesquisa interdisciplinar em Direito, recorrendo não apenas ao Direito Positivo, mas também a outras áreas do conhecimento, tais como a Filosofia Política Antiga e Contemporânea e a História Contemporânea da Europa. O objetivo consiste em formular um aparato discursivo racional conceitual a partir de matriz de leitura fornecida pela Filosofia Política Antiga e Contemporânea para, em seguida, aplicá-lo sobre elementos da experiência histórica e jurídico-normativa positiva da CECA. A chave de leitura conceitual formada a partir de contribuições da Filosofia Política tem sua origem principalmente na aproximação das reflexões de POLÍBIO e de Claude LEFORT. O trabalho evidencia a importância de normas jurídicas institucionalmente previstas para lidar com oposições escalares na construção e na manutenção de um sistema de relações jurídico-Politicamente organizado, de maneira a que tensões entre distintas dimensões existenciais - institucionalmente absorvidas e encaminhadas - não possam significar a ruptura violenta desse sistema. Este aparato racional conceitual pode ser aplicado sobre os elementos da experiência histórica e normativa originária (Tratado de Paris de 1951) da CECA, o que permite diferenciar histórica e institucionalmente esta iniciativa em particular dos demais Projetos de Europa Unida do imediato pós-Segunda Guerra Mundial. Para os fundadores da CECA (Konrad ADENAUER, Jean MONNET e Robert SCHUMAN), um regime juridicamente regulado de simples cooperação política (Unionismo Europeu) não era considerado como suficiente para instaurar um novo modo de relações na Europa. Ao mesmo tempo, eles não visavam à construção jurídica de uma Unificação Política da Europa em torno de um Estado Federal Europeu (Federalismo Europeu). Nesse sentido, a CECA pode ser entendida como exemplo histórico singular de organização jurídico-Política de países europeus. Foram criados pelo Tratado da CECA órgãos comunitários supranacionais e intergovernamentais voltados a compartilhar com os Estados-Membros e com os respectivos povos europeus a formação do sentido normativo que deveria ser impresso sobre questões concretas sensíveis tornadas comuns. A nenhum deles foi atribuída uma posição central na nomogênese comunitária. A leitura jurídico-política da integração europeia iniciada com a CECA se mostra possível assim a partir da constatação de que a arquitetura das instituições do Tratado desta Organização Internacional mesmo das instituições que se referiam a normas jurídico-econômicas - foi responsável pela afirmação e pela conservação de um novo modo de relações entre os países europeus. Buscava-se, não um Estado Europeu, nem uma singela cooperação intergovernamental institucionalizada, mas um meio termo de organização jurídico-Política: um sistema de relações estruturado por um engenhoso mecanismo institucional orientado para promover, por meio de freios e contrapesos, de forma ininterrupta, oposições entre os participantes da vida comunitária.<br>Aiming to unveil a legal-political reading of the beginning of European integration - initiated by the legal foundation of the ECSC, this Thesis intends to answer the question: when, how and through which institutions, European countries traditionally opposed militarily established between themselves, after the end of the Second World War - unprecedentedly and unparalleled in their history, a new kind of relationship, which was responsible for making impossible and unthinkable the outbreak of new regional war? In order to answer this question, this study follows the path of an interdisciplinary Research in Law, resorting not only to Positive Law, but also to other fields of knowledge, such as Ancient and Contemporary Political Philosophy and Contemporary History of Europe. The objective is to read experience elements given by ECSCs History and positive legal rules through lens framed according to a rational conceptual apparatus grounded on Ancient and Contemporary Political Philosophy. The hermeneutical key framed according to Political Philosophy has its main origins in the conjoint discussion of POLYBIUS thought and Claude LEFORTs contributions. This work highlights the importance of legal institutions dealing with dimensional oppositions within the construction and maintenance of a legal-Politically organized relationships system, by which tensions institutionally absorbed and addressed - between different existential dimensions do not disrupte violently this system. This conceptual apparatus can be applied to understand ECSCs historical and and normative (Treaty of Paris, 1951) experience and helps differentiating from both a historical and institutional perspective this peculiar initiative from alternative European Union Projects immeadiately proposed after the Second World War. For ECSC founding fathers (Konrad ADENAUER, Jean MONNET and Robert SCHUMAN), a mere legal regime of political cooperation (European Unionism) was not regarded as sufficiently capable of creating a new kind of relationship in Europe. At the same time, they did not pursue a legal Political Unification of Europe within a European Federal State (European Federalism). In this sense, the ECSC can be seen as an unique historic example of a legal-Political organization of European countries. Supranational and intergovernmental community bodies were created by ECSCs Treaty in order to share with its own member-States and their respective peoples the construction of the normative sense which would conduct issues concerning sensitive common problems. To none of them was assigned a central position in Communitys normative process. A legal-political reading of European integration - started with the ECSC - seems possible because the institutional framework whithin its Treaty - even when referred to legal and economic rules - was responsible for the affirmation and preservation of a new kind of relationship between European countries. It was envisaged, neither a European State, nor an institutionalized intergovernmental cooperation, but a middle-way legal-Political organization: a relationship system erecte by an ingenious institutional mechanism conceived to promote - through checks and balances - nonstop oppositions between participants of Communitys life.

Following the implementation of the Water Framework Directive (WFD) integrated catchment management plans must be prepared for all river basins, in order to achieve 'good ecological status' (GES) in all EU waters. This concept is a broader measure of water quality than the chemical and biological measures, which were previously dominant in EU water policy. The Directive also calls for a consideration of the economic costs and benefits of improvements to ecological status in catchment management plans, along with the introduction of full social cost pricing for water use. In this thesis, the primary focus is on the use of the Choice Experiment (CE) method. The CE method is reviewed and then used to estimate the value of improvements in a number of components of ecological status on two Irish waterways (the Boyne and the Suir). Apart from CE method another stated preference approach to environmental valuation is also considered; the Contingent Valuation Method (CVM). This thesis determines what value the targeted population of the two catchments place on the nonmarket economic benefits of moves towards GES by employing both approaches and various model specifications, while the applicability of Benefit Transfer (BT) method is also assessed under different tests. In addition, the design of the questionnaire used in the survey stage of the research, offered the possibility of investigating issues related to the effect of cognitive ability and psychometric factors on choice. Respondents with discontinuous preferences are identified and analysis is conducted to investigate the implications of not accounting for these preferences. Finally, due to experiencing protesting behaviour by a proportion of the sampling population an attempt is made to investigate the parameters that contributed to this inclination.

The aim of my thesis on the topic „Regional and structural EU policy – economic and legislative aspect“ is a description of all important aspects of Regional policy EU and the performance of regional policy in the context of a specific project.

Le prolongement du processus de communautarisation va certes avoir des conséquences sur le plan extérieur de l'Union européenne. La reconnaissance des décisions tierces par le juge français sera désormais influencée par l’application des principes et valeurs européens. La présente étude mettra l'accent sur le sort des conditions exigées, en France, pour les décisions tierces. Le rôle du juge d'exéquatur sera déterminant pour illustrer la transition de la pratique juridictionnelle. En effet, c'est le pouvoir de celui-ci qui va déterminer le sort de cette pratique envers les décisions émanant des États tiers. Outre les conventions élaborées dans le cadre européen, la convention de Bruxelles du 27 septembre de 1968 et le règlement européen n° 44/2001, ainsi que le règlement Bruxelles II, Bruxelles II bis et les accords de partenariat, ne seront pas à l'abri de notre recherche. Autrement dit, nous voulons mesurer le développement du droit international privé européen, notamment en termes d'entraide judiciaire, sur le plan extérieur. Le but est de donner au droit européen une dimension universelle<br>The extension process of communitarisation will certainly have implications outside the European Union. Recognition of third decisions by the French judge will now be influenced by the application of European principles and values. This study will focus on the fate of the conditions required in France for the third decisions. The role of the judge will determine exequatur to illustrate the transition from legal practice. Indeed, it is the power of it will determine the fate of this practice to decisions from other States. In addition to the conventions developed in the European context, the Brussels Convention of 27 September 1968 and this Regulation No. 44/2001 (also Brussels II and Brussels II bis) and the partnership agreements, will not be immune to our research. In other words, we want to measure the development of European private international law, particularly in terms of mutual legal assistance on the outside. The goal is to give the European international private law a universal dimension

Le prolongement du processus de communautarisation va certes avoir des conséquences sur le plan extérieur de l'Union européenne. La reconnaissance des décisions tierces par le juge français sera désormais influencée par l’application des principes et valeurs européens. La présente étude mettra l'accent sur le sort des conditions exigées, en France, pour les décisions tierces. Le rôle du juge d'exéquatur sera déterminant pour illustrer la transition de la pratique juridictionnelle. En effet, c'est le pouvoir de celui-ci qui va déterminer le sort de cette pratique envers les décisions émanant des États tiers. Outre les conventions élaborées dans le cadre européen, la convention de Bruxelles du 27 septembre de 1968 et le règlement européen n° 44/2001, ainsi que le règlement Bruxelles II, Bruxelles II bis et les accords de partenariat, ne seront pas à l'abri de notre recherche. Autrement dit, nous voulons mesurer le développement du droit international privé européen, notamment en termes d'entraide judiciaire, sur le plan extérieur. Le but est de donner au droit européen une dimension universelle<br>The extension process of communitarisation will certainly have implications outside the European Union. Recognition of third decisions by the French judge will now be influenced by the application of European principles and values. This study will focus on the fate of the conditions required in France for the third decisions. The role of the judge will determine exequatur to illustrate the transition from legal practice. Indeed, it is the power of it will determine the fate of this practice to decisions from other States. In addition to the conventions developed in the European context, the Brussels Convention of 27 September 1968 and this Regulation No. 44/2001 (also Brussels II and Brussels II bis) and the partnership agreements, will not be immune to our research. In other words, we want to measure the development of European private international law, particularly in terms of mutual legal assistance on the outside. The goal is to give the European international private law a universal dimension

Immédiatement après la Seconde Guerre mondiale, sous l’impulsion du Général de Gaulle et de Jean Monnet, le Gouvernement provisoire de la République française décida d’engager dans le système capitaliste français une politique économique à moyen terme désignée par le terme de « planification ». Le Plan, en tant qu’outil d’élaboration et de mise en œuvre de politiques industrielles, dirigea l’industrie française pour qu’elle puisse se développer et s’adapter aux différentes circonstances. Quatre plans furent successivement mis en œuvre dès la Libération jusqu’en 1965 par le Commissariat Général du Plan (CGP) sous la direction successive de trois commissaires généraux du Plan, à savoir Jean Monnet, Etienne Hirsch, Pierre Massé. Dans ce laps de temps furent lancés les plans suivants : Plan Pinay-Rueff, Plan intérimaire, Plan d’adaptation des charbonnages, Plan de stabilisation. Imbriquée de multiples manières à une « expansion industrielle », la planification française réussit à transformer la France rurale en une société industrielle et à faire passer l’industrie française de la situation fermée et protégée à la confrontation de la concurrence internationale. Elle joua aussi un rôle important dans le mode de rapport entre le secteur public et privé et en particulier, le fonctionnement des entreprises nationales. À plus long terme, c’était encore au Plan que revenait le mérite de tracer les lignes d’un harmonieux développement des régions françaises, surtout de l’aménagement du territoire<br>Immediately after the Second World War, the Provisional Government of the French Republic, under the leadership of General de Gaulle and Jean Monnet, decided to engage in the French capitalist system a medium-term economic policy designated by the term "planning". The Plan, as a tool for the elaboration and implementation of industrial policies, directed French industry so that it could develop and adapt to different circumstances. Four Plans were successively implemented from the Liberation until 1965 by the General Planning Agency under the successive direction of three commissioners, namely Jean Monnet, Etienne Hirsch, Pierre Massé. Meanwhile, the Rueff-Pinay Stabilization Plan, Interim Plan, Plan d’adaptation des charbonnages, Giscard d’Estaing’s Stabilization Plan were launched. Interwoven in many ways with an "industrial expansion", French planning succeeded in transforming rural France into an industrial society and to shift French industry from the closed and protected situation to the confrontation of international competition. It also played an important role in the relationship between the public and private sectors and, in particular, the functioning of national enterprises. In the longer term, it was again in the Plan that the merit of drawing the lines of a harmonious development of the French regions, especially of the Spatial planning

Immédiatement après la Seconde Guerre mondiale, sous l’impulsion du Général de Gaulle et de Jean Monnet, le Gouvernement provisoire de la République française décida d’engager dans le système capitaliste français une politique économique à moyen terme désignée par le terme de « planification ». Le Plan, en tant qu’outil d’élaboration et de mise en œuvre de politiques industrielles, dirigea l’industrie française pour qu’elle puisse se développer et s’adapter aux différentes circonstances. Quatre plans furent successivement mis en œuvre dès la Libération jusqu’en 1965 par le Commissariat Général du Plan (CGP) sous la direction successive de trois commissaires généraux du Plan, à savoir Jean Monnet, Etienne Hirsch, Pierre Massé. Dans ce laps de temps furent lancés les plans suivants : Plan Pinay-Rueff, Plan intérimaire, Plan d’adaptation des charbonnages, Plan de stabilisation. Imbriquée de multiples manières à une « expansion industrielle », la planification française réussit à transformer la France rurale en une société industrielle et à faire passer l’industrie française de la situation fermée et protégée à la confrontation de la concurrence internationale. Elle joua aussi un rôle important dans le mode de rapport entre le secteur public et privé et en particulier, le fonctionnement des entreprises nationales. À plus long terme, c’était encore au Plan que revenait le mérite de tracer les lignes d’un harmonieux développement des régions françaises, surtout de l’aménagement du territoire<br>Immediately after the Second World War, the Provisional Government of the French Republic, under the leadership of General de Gaulle and Jean Monnet, decided to engage in the French capitalist system a medium-term economic policy designated by the term "planning". The Plan, as a tool for the elaboration and implementation of industrial policies, directed French industry so that it could develop and adapt to different circumstances. Four Plans were successively implemented from the Liberation until 1965 by the General Planning Agency under the successive direction of three commissioners, namely Jean Monnet, Etienne Hirsch, Pierre Massé. Meanwhile, the Rueff-Pinay Stabilization Plan, Interim Plan, Plan d’adaptation des charbonnages, Giscard d’Estaing’s Stabilization Plan were launched. Interwoven in many ways with an "industrial expansion", French planning succeeded in transforming rural France into an industrial society and to shift French industry from the closed and protected situation to the confrontation of international competition. It also played an important role in the relationship between the public and private sectors and, in particular, the functioning of national enterprises. In the longer term, it was again in the Plan that the merit of drawing the lines of a harmonious development of the French regions, especially of the Spatial planning

L'àmbit de la Tesi doctoral descansa en l'anàlisi de l'esperit i la praxis del procés prejudicial, centrant-lo en la fase final de l'anomenat procés, els efectes de la sentència del Tribunal de Justícia i la subsegüent aplicació per les jurisdiccions nacionals en la resolució del procés intern.<br/><br/>La primera part de la Tesi doctoral (capítols I a III) s'ha centrat en l'estudi dels efectes jurídics de les sentències prejudicials d'interpretació, analitzant els tres principals temes que es susciten, a saber, els seus efectes jurídico-processals, els seus efectes jurídico-materials i la seva dimensió temporal.<br/><br/>En la segona part (capítols IV a VII) es va emprendre el tema des del prisma diferent de les posisions de jurisdiccions nacionals davant les sentències perjudicials, el comportament del qual, acatant o incumplint-les, corrobora o nega de manera evident el que s'ha afirmat en els tres primers capítols.<br>El ámbito de la Tesis doctoral descansa en el análisis del espíritu y la praxis del proceso prejudicial, centrándolo en la fase final de dicho proceso, los efectos de la sentencia del Tribunal de Justicia y su subsiguiente aplicación por las jurisdicciones nacionales en la resolución del proceso interno.<br/><br/>La primera parte de la Tesis doctoral (capítulos I a III) se ha centrado en el estudio de los efectos jurídicos de las sentencias prejudiciales de interpretación, analizando los tres principales temas que se suscitan, a saber, sus efectos jurídico-procesales, sus efectos jurídico-materiales y su dimensión temporal.<br/><br/>En la segunda parte (capítulos IV a VII) se abordó el tema desde el prisma diferente de las posiciones de jurisdicciones nacionales ante las sentencias prejudiciales, cuyo comportamiento, acatando o incumpliéndolas, corrobora o niega de manera evidente lo afirmado en los tres primeros capítulos.<br>The Doctorship Thesis lies in the analysis the spirit and the practice of the preliminary process, focusing it in the final stage of such process, the effects of the Court of Justice sentence and their subsequent enforcement by the national jurisdictions in the internal process of the resolution.<br/><br/>The first part (chapters I to III) has been focused in the study of the legal effects of the interpretative preliminary rulings, analysing the three main subjects that are issued, i.e., their juridical procedural effects, their juridical material effects and their temporary dimension.<br/><br/>In the second part (chapters IV to VII) the issue was laid down from the different point of view, the positions kept by the national jurisdictions, which behaviour, accepting or refusing the preliminary ruling, acknowledges or denies in a clear way what it was assessed in the first three chapters.

Defence date: 11 July 2008<br>Examining Board: Gráinne de Búrca (EUI Supervisor) ; Bruno de Witte (EUI) ; Jane Holder, University College London ; Sybille Grohs, European commission, DG ENV<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>This thesis argues that the present provisions on public enforcement are inadequate for the effective promotion of compliance with Community law and seeks to provide solutions in order to improve them. Article 226 and 228 EC are both cumbersome and lengthy, particularly with regard to environmental protection. In order to reach this conclusion, the thesis reviews the subject of the enforcement procedure, the infringement itself. It gives a definition of compliance and offers reasons why and how Member States comply or fail to comply with Community rules. It analyses the Commission's role in applying the public enforcement mechanism, before it reviews the problems occurring in the application of Article 228, as the “ultima ratio ultimae rationis” in infringement procedures. Although the Commission attempted several times to clarify the application of that Article, there are still open questions. Environment is the field of law which produces the most enforcement problems and if we find solutions to them, we may be able to use the experiences in other sectors, too. After introducing the main approaches promoting compliance, it is argued that more attention needs to be paid to enforcement than to the managerial approach. Reviewing the managerial instruments reveals that they are more powerful when complemented by enforcement means. Consequently, the thesis focuses upon the latter methods, by referring to the case law on Article 228, which demonstrates the success of the public enforcement procedure. The enforcement mechanism, however, is not perfect, thus a variety of solutions is proposed to make it more effective. Along the lines of the amendments introduced in the Treaty of Lisbon, some improvements to these articles are proposed together with a so-called urgency measure, which empowers the Commission to stop – at an early stage – an infringement that might otherwise mean irreparable damage to the environment.

Defence date: 19 July 2007<br>Examining board: Prof. Pascaline Winand (EUI Supervisor) ; Prof. Arfon Rees (EUI) ; Prof. Beatrice Heuser (Potsdam University and Department of War Studies, King's College, London) ; Prof. Eric Remacle (Université Libre de Bruxelles)<br>First made available online: 26 July 2021<br>In 1962 in an article published in Foreign Affairs eminent Italian Federalist Altiero Spinelli noted that ‘Western Europe, thanks to American protection, has become a paradise of political, military and social irresponsibility’. The political dominance of NATO during the Cold War prevented the creation of a strong independent European defence. The NATO and the United States military guarantees to Europe on the one hand gave the Europeans the opportunity to concentrate more on economic and social issues, but on the other prevented Europe from creating common defence institutions and closer political Union, which from a long term perspective would have been more valuable than NATO.

of Content and Conclusions of Dissertation Constitution for Europe JUDr. Jiří Feichtinger The central subject-matter of the dissertation is the assessment of the Treaty establishing the Constitution for Europe ("constitutional treaty") and the co called founding treaties, i.e. the Treaty on European Union and the Treaty on the Functioning of the European Union ("founding treaties") from the viewpoint of the constitutional law and the general theory of state. From the same viewpoints I also examine the nature of the European Union itself. When choosing this topic of my dissertation I was inspired by ever growing discussions on the extent of the European integration and its purpose, whether it is at all necessary, and whether the European Union is becoming a state or rather remains an international organization sui generis. I am trying to answer, to what extent the content of the constitutional treaty corresponded to its name and whether this document could at all be called a constitution; the same question is being answered with regards to the founding treaties. I further examine, whether the constitutional and/or the founding treaties lead to the united Europe as perceived not only within the notion of the European integration, but also by the general theory of state, i.e. whether these treaties...

Defense Date: 27/03/2009<br>Examining Board: Derek Beach (University of Aarhus), Adrienne Héritier (EUI/RSCAS) (Supervisor), Jonas Tallberg (University of Stockholm), Jacques Ziller (University of Pavia, formerly EUI, Law Department)<br>This study examines the impact of the decision-making rules, procedures and practices of the European Union on the ability of small Member States to influence Treaty negotiation outcomes, and assesses the causality of this influence in Treaty-revision. Within Treatymaking processes, actor influence is here expected to vary according to the institutional preconditions, and small states are presumed to benefit from particular type of decisionmaking rules to the disadvantage of others. The fundamental aim of the study is therefore to investigate the conditions under which small state influence increases in European Union Treaty-negotiations. To explain this puzzle, a distinction is made between two types of Treaty-making processes, those of the Intergovernmental Conferences and the Convention, which allows for subsequent comparisons between the decision-making rules of unanimity and restricted consensus. In order to empirically test the underlying hypotheses, explicit units of observation are chosen from the IGCs of Amsterdam, Nice and 2003-04, and the Convention on the Future of the EU. In-depth comparisons are made between four small Member States – Belgium, Denmark, Finland and Ireland – and their de facto influence is process-traced through three substantial issues of the institutional reform: the composition of the Commission, the extension of qualified majority voting and the reform of Council Presidency. The empirical analysis focuses on both informal and formal levels of decisionmaking dynamics, and a further analytical distinction is made between bargaining and deliberation modes of conflict-resolution. Drawing initially on theories of rational choice institutionalism (RCI) and liberal intergovernmentalism (LI), the unanimity rule as applied in the IGCs is expected to strengthen the formal position of an individual small state by providing, respectively, a veto-right for each negotiator and promoting asymmetric interdependency. The empirical findings confirm the major underlying hypothesis concerning the correlation between the adopted decision-making rules and the small states’ impact on distributional outcomes in the EU Treaty-amending negotiations on the one hand, and the superiority of the unanimity rule for small states on the other. Yet, a couple of additional key success factors – other than can be explained exclusively along the conjectures of RCI or LI schools – are also identified in the study.

English abstract Constitutional consequences of the Lisbon treaty Work analyses constitutional implications of changes brought by the Lisbon treaty. In the first chapter, the beginning of the European integration is briefly described as well as the evolution of the European Union along with more detailed description of the negotiations and ratification of the Lisbon treaty. Second chapter contains information on constitutional characteristics of the European Union before the effect of the Lisbon treaty. Third chapter is aimed on the formal elements of the Lisbon treaty and contains thorough description of the global changes it has on the legal systems of the member states. Subject of the closing chapter is the effect the treaty have caused on the constitutional order of the Czech Republic. Foremost, integration provisions are analyzed, mainly with regards to the issues of state sovereignty, process of the ratification and approach of the Constitutional court of the Czech Republic to the preliminary assessment of the questions of mentioned sovereignty leading to the conclusion that even with the Lisbon treaty in effect, Czech Republic will remain sovereign country. Work is closed with short treatise on constitutional effects of respective changes enforced by the treaty approval on primary national legal...

The aim of the thesis is to analyse how the EU perceives the specific contribution of Churches to the European integration as stated in the Article 17.3 of the TFEU. The specific contribution is analysed on the case of Roman Catholic Church (RCC) which predominates in the dialogue under the Article 17.3. There are two time periods addressed in the thesis. Firstly, the specific contribution is addressed in the context of the debate on the EU constitution. It is examined, based on the analysis of politicians' speeches and MEPs amendments, whether the specificity is rooted in the area of values. Second period is marked by the year 2009 when the TFEU entered into force, and 2014 when the dialogue with Churches was somewhat degraded. In fact, the new body responsible for the interaction became DG JUST, thereby replacing BEPA, i.e. organization directly reporting to the President of the Commission. Based on the analysis of the speeches and other relevant documents regard all the official meetings, I examine what the EU politicians expected from the Church and what was Her specificity according to them. Against this background is also analysed the fact that the dialogue with Churches was separated from the civil society organizations. It results from the research that the EU perceived the specific...

A revolução de 25 de abril de 1974 marca a queda de um período ditatorial de quarenta e oito anos em Portugal e o início de um processo de democratização social e política. A consolidação da democracia portuguesa acontece, em 1976, no I Governo Constitucional com o pedido de adesão ao Conselho da Europa e consequentemente com o pedido de adesão à Comunidade Económica Europeia (CEE), em 1977. Mário Soares, Secretário-geral do PS e Primeiro-ministro do I Governo Constitucional é a figura de primeiro plano em todo o processo negocial, desde o pedido de adesão em 28 de março de 1977 até à assinatura do Tratado de Adesão em 12 de junho de 1985, contando com o apoio do PS, PSD e CDS e a oposição do PCP. Para Portugal poder integrar a CEE, houve a necessidade de preparar o País, social, económica e politicamente para um novo paradigma, direcionado para uma Europa democrática, desenvolvida nos princípios da liberdade, da solidariedade. Apesar das dificuldades políticas e económicas da conjuntura internacional, Portugal assina o tratado de adesão em 12 junho de 1985, no pressuposto que o desafio, em termos de política externa, iria ser complexo. Com este estudo, foi possível compreender a dificuldade de adaptação e integração numa nova dinâmica da política externa, dadas as diferenças entre a realidade europeia e o contexto português.<br>The Portuguese political system has changed with the revolution of April, 25th, 2014. After forty eight year’s dictatorship Portugal starts a path towards a democratic system. The consolidation of democracy starts with the Portuguese demand to become member of European Counseil (EC), in 1976 and European Economic Community (EEC) afterwards, in March, 1977. Mário Soares, general secretary of PS, prime-minister of the I Constitutional Government, assisted by the PS, PSD and CDS parties, was the most important person who was uncharged to deal all the procedures regarding integration of Portugal in the EEC. Due the several years of adjustment policies and Portuguese parliament discussions, the different governments have never had the agreement of PCP who was against to the Portuguese integration in EEC. In order to start de integration policies Portugal were needed to prepare social and politically the Portuguese environment towards a Standardized European System built in a democracy values, such as solidarity and freedom. Besides the political, economic and social international situation Portugal made a great strength to get the conditions to become a member of EEC and on June, 12th, 1985 the Treaty of Accession of Portugal to European Economic Community, was signed with the conviction that the near future would be very hard because the needed standard levels of foreign policy. With this work it was possible for me to understand how difficult it has been to adjust and to take part of a dynamic foreign policy, taking on consideration the differences between the European reality and the Portuguese context.

The regional economic community (REC) of the Southern African Development Community (SADC) compri'ses 15 Southern African countries. The' economic and political aspects of regional integration in SADC dictate the pace of integration while the influence of a legal regime for regional integration remains at the periphery. While the SADC Treaty and its Protocol on Trade are clear about the priority of economic integration; the full implementation of SADC's economic integration is still yet to be realised using these legal instruments. Regional economic integration is also a priority at both continental and global level. The legal instruments applicable at these levels are those established through the African Union (AU) and the World Trade Organisation (WTO) respectively. Analysis of these external legal instruments is relevant because SADC Member States are signatories to agreements establishing these organisations·. Thus, rules based trade in SADC should be understood from a regional, continental and global perspective where a community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. These structured relations refers to a legal and institutional framework that defines the relations between community and national laws, spelling out the modalities for implementing community law in Member States, defines the respective competencies of the community and Member States and provide rule based systems for resolution of conflicts. In setting the scene for an in-depth discussion of the legal and institutional framework for regional economic integration in SADC, this study presents the history of SADC, its political and economic characteristics that have shaped the legal aspects of trade within the region, the continent of Africa and the world at large. Within this context, the definition of regional integration is presented from a general and international understanding but ultimately gets narrowed down to what it means for Africa and SADC. The discussion on the · theories behind regional economic integration gives understanding to the integration approach employed in the organisation. South Africa's economic and political leadership is critical in the realisation of economic integration; hence this study acknowledges that without South Africa's full commitment; regional economic integration will suffer .a setback. Besides the challenge of implementing rules based trade in SADC, this study also identifies a number of obstacles to SADC regional economic integration and multiple memberships are identified as a: major stumbling block. A comparative study of SADC's institutional framework with that of the E1;Jropean Union· (EU) is undertaken to establish the rationale behind SADC's choice of utilising the EU model of integration. This study establishes the critical role institutions play in the implementation of treaty obligations as established by the agreements. The main lesson from this comparative study is that the EU institutions are allowed to fulfill their obligations of implementing treaty provisions, while SADC institutions are handicapped. The future of SADC is presented within the context of a set of recommendations that identifies the tripartite free trade area (FTA) that includes the East Africa Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) as one of viable legal instrument for deeper integration in SADC and the continent of Africa. General recommendations are made on the need for reform of rules and principles that are necessary for the implementation of SADC Treaty regime as well as possible improvements that are important for the full realisation of regional economic integration.<br>PhD (Law), North-West University, Potchefstroom Campus, 2012

The objectiv of my dissertation is mainly to introduce the problems of economic competition to the readers and to refer to the incidents of anti-competitive practices. In the introduction I defined the European Community from the historical aspect and I named all the legislative rules and contracts, that are pivotal to the European Community. In order to define in more profound terms I applied myself to Treaty of the establishement of the European community (articles 81 and 82 EC). Moreover, the readers can gain insights into various forms of violating the rules of economic competition such as abuse a position of dominance, dumping, mergers and acquisition, cartels, developing countries, ect. The practical part is based on the most serious anti-competitive practices in the European Community, which was handled by the European Commission, European Court of First Instance and by the antimonopol offices. At the end of my work, there are some practical tips for the companies, which either consciously or unconsciously behave anti-competitively which influences the common European market. The main sources of my dissertation were the basic treaties of the European Community, the Treaty of Maastricht, the Treaty of Amsterdam and treaty of Nice.