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Sonja Puntscher Riekmann, Alexander Somek, Doris Wydra - Is there a European Common Good?

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Sonja Puntscher Riekmann (ed.), Alexander Somek (ed.), Doris Wydra (ed.)

Is there a European Common Good?

Series: Salzburg European Union Studies

Volume 1 2013

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Thomas Eilmansberger, Rainer Palmstorfer Legal Enforcement of Union Values S. 139-155

„… 139 Legal enforcement of Union values Thomas Eilmansberger/ Rainer Palmstorfer I Introduction 1 …” „… ), which must, of course, also be seen as expressions of central Union values.4 With regard to contents …” „… and the rule of law.’ Article 2 TEU holds that the ‘Union is founded on the values of respect for …”

Sonja Puntscher Riekmann, Alexander Somek, Doris Wydra Introduction: What is the Purpose of the Union? S. 10-23

„… 10 Introduction: What is the Purpose of the Union? Sonja Puntscher Riekmann, Alexander Somek …” „… , Doris Wydra The president of the European Union, Herman Van Rompuy, has repeatedly defined the euro as …” „… the Union’s ‘common good’.1 With the financial and fiscal crisis, debating the meaning of a European …”

Titelei/Inhaltsverzeichnis S. 1-9

„… democratic constitutionalism itself 135 Legal Enforcement of Union Values …” „… Enforcing EU values: general remarks 140 II The external dimension: imposing the respect of Union values …” „… enforcement against member states 143 The EU as infringer: defence and enforcement of Union values …”

Dragana Damjanovic Integration through Law and the Social Constitution of Europe S. 174-198

„… of Constitutionalism. On this debate, see e.g. Stefan Griller (2005), Die Europäische Union: Ein …” „… of the European Union. Oxford: Hart Publishing, pp. 63 et seq. 9 In particular when the term …” „… ), Economic and Social Law and Policy of the European Union. London: Palgrave Macmillan, pp. 341et seq. 12 …”

Patrick Riordan Europe's Common Good: Ideas and Ideals S. 44-63

„… problems. Similarly, the inherited commitment within the European Union to the values of the free movement …” „… . Ideals by contrast are aspirations to values such as equality and participation, which motivate the …” „… construction and renewal of European institutions. Both are at play in the development of the European Union …”

Gerhard Seel What is the Common Cood and why should we pursue it? A philosophical foreword to a current European debate S. 24-43

„… values of its members. Charles Taylor6 for instance has argued that the common good has at least some …” „… are objective values that call for realisation; on the other hand we have those who hold – like Kant …” „… further question to be answered: ‘Which kind of community should the European Union build according to …”

Sonja Puntscher Riekmann Social Citizenship. Past and Future of a European Common Good S. 247-276

„… Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values …” „… that the Union is based on a number of values, namely ‘human dignity, freedom, equality and solidarity …” „… citizenship of the Union and by creating an area of freedom, security and justice. Charter of …”

Klaus Gretschmann Joint Action versus Free Ride: EU Financial Crisis Management Based on a Common Good? S. 199-227

„… Europe has been facing ever since 2008.The alleged decline of Europe and notably the European Union (EU …” „… states of the EU, but rather a kind of generic characteristic all across the Union. Annoyance with …” „… member states and the Union as such. In Section II we will search for this ‘European common good’. We …”

Peter Koller Economic Distributive Justice S. 64-84

„… totality of values that appear to be generally acceptable among an aggregate of people, be it a particular …” „… common good represents more specific social values, namely the values of particular social communities …” „… considerations about the common good in the European Union. In the following, I will deal with a special issue of …”

Agustin José Menéndez The Constitutional Dérapage of European integration: the dark side of the last two decades of European integration S. 114-138

„… such a constitution be? The values which the Union cherishes, the fundamental rights and obligations …” „… and values of its constituent parts). While it is highly dubious that the Union transcends the state …” „… by the second war in two generations could transform itself into a union of social and democratic …”

Volkmar Lauber Energy and Climate Policy and the Common Good S. 228-246

„… dependent on emission trading. After initial reluctance, the European Union accepted this and introduced …” „… Luaces-Mendez (2003), Emissions Trading at Kyoto: From EU Resistance to Union Innovation, Environmental Politics …” „… ), Competition Policy in the European Union, Basingstoke: Palgrave Macmillan; Alan W. Cafruny, Magnus Ryner (2003 …”

doi.org/10.5771/9783845242873

Armin Hatje, Lubos Tichý - Liability of Member States for the Violation of Fundamental Values of the European Union

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Armin Hatje (ed.), Lubos Tichý (ed.)

Liability of Member States for the Violation of Fundamental Values of the European Union

Series: Sonderheft Europarecht

Volume 2018

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Rudolf Streinz Principles and values in the European Union S. 7-22

„… Part I: Protected Values Principles and values in the European Union By Rudolf Streinz, Munich …” „… , Poland) regarding the implementation of the “values” of the European Union which should be “common to the …” „… the Treaty on European Union (TEU). As such these values are binding on the European Union and its …”

Matthias Niedobitek Right and duty to pursue the “wrongdoer” and a possible abuse of Art 7 TEU S. 233-242

„… : Is it only aimed at safeguarding the values of the Union or also at protecting the rights of …” „… . Wilms, Protecting Fundamental Values in the European Union through the Rule of Law, EUI 2017, acces …” „… ) serious (and persis‐ tent) breach of the values of the Union by a particular Member State without, however …”

Michael Potacs Balancing Values and Interests in the Art. 7 TEU Procedure S. 159-168

„… minorities“. This commit‐ ment to the values of the Union shall undoubtedly express the development of the EU …” „… Treaty on European Union. Respect for and promotion of the values on which the Union is based, 15.10.2003 …” „… membership in the Union. In order to do so, it is necessary to figure out the values of Art. 2 TEU, on the …”

Ewa Bagińska, Sylwia Majkowska-Szulc Causation as a requirement for the Member State liability under Art. 7 TEU in conjunction with Art. 2 TEU S. 125-144

„… States' conduct with the values on which the European Union is founded. These are mechanisms of …” „… Commission of 15 October 2003: Respect for and promotion of the values on which the Union is based, Brussels …” „… in the Art. 2 TEU the general and overarching values of the European Union which are: respect for …”

Laurent Sermet Comparative study on enforcing common values against subnational units, member states in federations and other international organizations. De societatis et de civitatis S. 109-124

„… European public order"12. European Economic Community and European Union: from human rights values to …” „… "principles" and preferred the term "values": “The Union is founded on the values of respect for human dignity …” „… the Member States and the expression of the substantial nature of the European Union. These values are …”

Luboš Tichý The nature and requirements for liability of a Member State under Article 7 TEU S. 85-108

„… Union may be seen as a community of values. Some authors refer to it as a framework of values, with …” „… of the values on which the Union is based, COM (2003) 606 final, 1.1. 22 F. Schorkopf (fn. 13), Art …” „… . European delict as a violation of fundamental European values (EU law principles) consists of penal …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Tichý [Ed.] Liability of Member States for the Violation of Fundamental Values of the European Union …” „… protects the European Union against political development in one or more Member States that undermines …” „… values on which the common association stands. We may identify three particular reasons for such …”

Ulrich Magnus Wrongfulness and Fault as Requirements of the „European Delict“ under Art. 7 TEU? S. 145-158

„… European Union. Respect for and promotion of the values on which the Union is based, COM (2003) 606 Final p …” „… violated or threatens to violate the fundamental values of the Union shall be rendered by the other Member …” „… demonstrates that even in a state of emergency or necessity as in wartimes, the fundamental values of the Union …”

Gavin Barrett Reflections on What the Rule of Law Means and its Significance at EU Level S. 23-38

„… provides that “the Union is founded on the values of respect for human dignity, freedom, democracy …” „… Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity …” „… fact that Article 2 lists separately the values the Union is said to be founded viz., respect for human …”

Tomas Dumbrovsky Beyond Voting Rights Suspension. Tailored Sanctions as Democracy Catalyst under Article 7 TEU S. 201-228

„… enlist support from regimes that interpret the common values of the Union differently than those that are …” „… Union Agency for Fundamental Rights. 64 Art. 2 TEU lists “human rights” as one of the values. All the …” „… fundamental liberal-democratic values. The sanctions must be tailored to the causes of the deviation in such a …”

Emmanuel Sur From the uncertain to the implicit (passing by the problematic). Reflections on the reference to the rule of law and on its protection in the Treaty on European Union S. 39-58

„… Union is founded on the values of [...] the rule of law [...]”, article 2 TEU typically refers to such …” „… apparently of recognition nature, since it is limited to refer to values on which the Union “is based”, it …” „… is a prerequisite for the protection of all other fundamental values upon which our Union is founded …”

Andreas Haratsch Democracy – A Value common to the Member States of the European Union S. 73-84

„… Article 2 TEU, also one of the values the European Union is founded on. Therefore, European Union law …” „… Union is founded. The second clause of Article 2 states that the above mentioned values are common to …” „… . 5 Charter of Fundamental Rights of the European Union, O.J. EU 2010 C 83/389. 6 The “values …”

Jiří Zemánek Constitutional remedies of persons facing consequences of the Council decision on suspension of certain Member State´s rights S. 229-232

„… breach of the values referred to in Article 2 TEU and to meet its obliga‐ tions towards the other Member …” „… , as they do not represent their homeland; F. Schorkopf, Ho‐ mogenität in der Europäischen Union …” „… foundations of investments co-financed by the European Union have been based, as a rule, on projects of public …”

Mirosław Wyrzykowski Rule of Law: European Commission v. Poland S. 169-200

„… subject of interest of considerable intensity. The institu‐ tions of the European Union, and the European …” „… principle of rule of law that suggested that there was a ‘clear risk of a serious breach of the values of …” „… Tri‐ bunal and the authorities of the Council of Europe and European Union, the Pol‐ ish legislator …”

doi.org/10.5771/9783845293721

Thomas Giegerich, Oskar Josef Gstrein, Sebastian Zeitzmann - The EU Between 'an Ever Closer Union' and Inalienable Policy Domains of Member States

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Thomas Giegerich (ed.), Oskar Josef Gstrein (ed.), Sebastian Zeitzmann (ed.)

The EU Between 'an Ever Closer Union' and Inalienable Policy Domains of Member States

Series: Schriftenreihe des Arbeitskreises Europäische Integration e.V.

Volume 80 2014

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Christine Kaddous The European Union’s Common Values and National Identities: Convergence or Contradiction? S. 79-107

„… 81 The European Union’s Common Values and National Identities: Convergence or Contradiction …” „… ? Christine Kaddous1 The relationship between the “European Union’s common values” (EU’s common values) and …” „… , as they are recognised by EU primary law. The European Union is founded on the values of respect for …”

Pál Sonnevend National Media Policy within the Framework of European Union Law – The Case of Hungary S. 421-441

„… Union in maintaining its values listed in Art. 2 TEU will depend on the interpretation of Art. 51(1 …” „… values of the EU in Art. 2 TEU credible and may ensure homogeneity within the European Union in this …” „… 421 National Media Policy within the Framework of European Union Law – The Case of Hungary Pál …”

Kerstin Odendahl National Constitutional Reservations with Respect to Cultural Policy S. 349-377

„… concerning cultural matters be transferred from the Member States to the European Union? Or does cultural …” „… place and values that national constitutions accord to cultural policy. No constitution of the Member …” „… not be transferred to the European Union. However, most constitutions do include norms dealing with …”

Leonard F.M. Besselink Does EU Law Recognise Legal Limits to Integration? Accommodating Diversity and its Limits S. 59-78

„… Union requires unity of action. In the abstract, one may easily answer the question whether unity of …” „… customs union, towards a “common market”, and an “internal market without boundaries”, as it was later …” „… rephrased. From what is common in a single market, a community and subsequently a union were to arise …”

Monica Lugato National Policy towards Religious Associations within the Framework of European Law S. 441-466

„… the European Union, as being the origin and the source of the common conception of fundamental values …” „… human life and as a major fundamental freedom, included among the founding values of the European Union …” „… the founding values of the European Union and a fundamental freedom both nationally, internationally …”

Xabier Arzoz National Language Policy within the Framework of European Law S. 377-421

„… closer union” and inalienable policy domains of Member States – is an interesting premise on which to …” „… , economic and legal implications. The role of national languages in the European Union is not only …” „… conditioned by the “ever closer union” of the Member States, but also by globalisation and the international …”

Maria Kaiafa-Gbandi EU and National Constitutional Constraints with Respect to Criminal Policy and Criminal Law S. 247-291

„… hand, criminal law is closely connected to the culture and values of a society and, thus, to its …” „… the European Union, 2010, p. 357 et seq. It has been enriched with further documentation stemming …” „… societies5 – also constrain a supranational entity such as the EU. Indeed, fundamental European values (Art …”

Anna Stępień-Sporek, Margaret Ryznar National Constitutional Approaches to Family Policy S. 467-485

„… differences between the European Union countries, it is a truism that each has its own family policy …” „… not necessarily converging to a harmonised European Union family law, and there is much doubt about …” „… family law in the European Union. Accordingly, the first part of the essay considers national regulation …”

Thomas Giegerich Introduction: Trying to Fathom the Shallows of European Unification S. 15-43

„… Part I The EU between ‘an Ever Closer Union’ and Inalienable Policy Domains of Member States …” „… integration between an “ever closer union among the peoples of Europe”2 and inalienable policy domains of …” „… Member States tries to fathom the shallows of European unification. Speaking of such an ever closer union …”

Siegfried Magiera How to Square the Circle between Political Necessities and Constitutional Constraints? – Concluding Remarks S. 555-556

„… this conference, i.e. the proper relationship or balance between the EU as an “ever closer union” and …” „… the Member States as viable constituents of the Union. Treaty law speaks in its preambles of the EU …” „… as “an ever closer union among the peoples of Europe”, not among the states of Europe. However, in …”

Thomas Giegerich, Oskar Josef Gstrein, Sebastian Zeitzmann Preface S. 5-10

„… The European Union’s Common Values and National Identities: Convergence or Contradiction …” „… 5 Preface The European Union is the “greatest political success story of our continent …” „… steps toward the express treaty goal of an “ever closer union” in order to preserve sufficient …”

Waltraud Hakenberg How to Square the Circle between Political Necessities and Constitutional Constraints? – An ECJ Perspective S. 535-555

„… ) assumes that “political necessities” for progress exist at the European Union (EU) level, whereas …” „… level: all 28 Member States have similar constitutional values, even if they do not all have a written …” „… constitution or a constitutional Court, and these constitutional values have found their way into the Charter …”

Sacha Garben The Failure to Protect Education as an Inalienable Policy Domain of EU Member States – A Critical Assessment of Article 165 TFEU on Education and Suggestions for Reform S. 513-534

„… Visser (eds.), “The Treaty on European Union 1993-2013: Reflections from Maastricht”, 2013. 1 Legal …” „… Member States and the European Union/European Community, CML Rev. 2004, vol. 41, p. 357. 4 De Búrca/de …” „… .), Accountability and Legitimacy in the European Union, 2002, p. 202. 514 it. The Maastricht Treaty took this …”

Stein Evju Limits to National Social Policy or Further Integration: A Norwegian Perspective S. 327-343

„… unions, employers and employers’ associations alike is protected, within the bounds of legislation and …” „… workers, of whom 40 % are NMS citizens.6 The social partners − confederations of trade unions and …” „… employers’ associations, at the superior level − play a crucial role in the overall system. The trade union …”

doi.org/10.5771/9783845251325

Michèle Knodt, Sigita Urdze - Caucasus, the EU and Russia - Triangular Cooperation?

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Michèle Knodt (ed.), Sigita Urdze (ed.)

Caucasus, the EU and Russia - Triangular Cooperation?

Series: Schriftenreihe des Arbeitskreises Europäische Integration e.V.

Volume 92 2016

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Ghia Nodia The European Union, Democratic Values and Geopolitical Competition: The Roots of Confusion and Failure S. 211-228

„… 211 The European Union, Democratic Values and Geopolitical Competition: The Roots of Confusion and …” „… ’ proved suffi- The European Union, Democratic Values and Geopolitical Competition 215 cient to tame or …” „… insti- The European Union, Democratic Values and Geopolitical Competition 219 tutions upon which the …”

Levan Kakhishvili Georgia – the Choice: The Perceived West-Russia Dichotomy in Georgian Politics S. 165-188

„… transfer of power since Georgia attained its independence following the dissolution of the Soviet Union …” „… hesitate to enter into an Association Agreement with the European Union (EU) under the framework of the …” „… Russian-proposed Eurasian Union. Using this typology as a framework of analysis, the paper explores in depth the …”

Michèle Knodt, Sigita Urdze The European Union’s external democracy promotion in the South Caucasus: Explaining European actions S. 99-120

„… 99 The European Union’s external democracy promotion in the South Caucasus: Explaining European …” „… actions Michèle Knodt and Sigita Urdze The European Union began its activities in the South Caucasus …” „… already before the dissolution of the Soviet Union in 1991 with the transformation assistance programme …”

Titelei/Inhaltsverzeichnis S. 1-10

„… EU-Georgia relations 189 Ghia Nodia The European Union, Democratic Values and Geopolitical Competition …” „… Knodt The European Union’s external democracy promotion in the South Caucasus: Assessing European …” „… actions 75 Michèle Knodt and Sigita Urdze The European Union’s external democracy promotion in the …”

Elsevar Mammadov EU-Azerbaijan cooperation within the Eastern Partnership and other frameworks: The view from Azerbaijan’s foreign policy perspective S. 153-164

„… policy perception of its relations with the European Union (EU) under different EU-led instruments …” „… integration efforts initiated by Elsevar Mammadov 154 Russia, including the Customs Union and the Eurasian …” „… Union, among others. Azerbaijan has also adhered to a policy designed to create an image of a …”

Aron Buzogany The external dimensions of the ‘capabilities-expectations gap’: The role of public opinion in EU-Georgia relations S. 189-210

„… European Union enjoys close, peaceful and co-operative relations based on shared values principally within …” „… The external dimensions of the ‘capabilities-expectations gap’ 195 values” between the Union and its …” „… 2013, 2010). The latter approach maintains that the EU tends to export its norms, values and …”

Sigita Urdze, Michèle Knodt The European Union’s external democracy promotion in the South Caucasus: Assessing European actions S. 75-98

„… European Union’s external democracy promotion: Assessing European actions 79 overall values for the …” „… 75 The European Union’s external democracy promotion in the South Caucasus: Assessing European …” „… neighbours as well as their relations to the European Union. Georgia and Azerbaijan can be said to have …”

Tracey German Conflict and Cooperation in the South Caucasus S. 59-74

„… , formally signed an Association Agreement with the European Union (EU), which envisages far closer …” „… Economic Union, ostensibly turning its back on closer ties with the EU, a manifestation of the different …” „… back on the EU with its decision to join the Russian-led Eurasian Economic Union. Ismailov (2006 …”

Chiara Loda Perception of the EU in Armenia: A view from the government and society S. 131-152

„… two actors were defined in the EU/Armenian Action Plan (AAP) of 2006 (European Union External Action …” „… decided to instead join the Russian-led Eurasian Economic Union (EEU) (Giragosian 2014). However, it …” „… behind joining the Customs Union, also clearly restated the commitment to continuing to interact with …”

Michèle Knodt, Sigita Urdze Introduction: Triangular relations between the Caucasus, the EU and Russia S. 13-20

„… Soviet Union. Since then, many events and developments have taken place in the Caucasus region …” „… pro-Western orientation, and it signed the Association Agreement (AA) with the European Union, including the …” „… between Armenia and the European Union were proceeding well, and Armenia almost signed the AA. However …”

Alexey Gunya, Timur Tenov, Murat Shogenov, Aslan Chechenov Analysis of governance strategies in the North Caucasian republics with respect to conflict regulation and development S. 37-58

„… Caucasus and the response capabilities of the European Union” (http://www.issiceu.eu). Alexey Gunya …” „… , unions and blocs) would like to simplify the situation for the convenience of governance, control and …” „… values and traditional notions of social fairness held by the people of the Northern Caucasus. One of …”

doi.org/10.5771/9783845257402

Beate Neuss, Antje Nötzold - The Southern Mediterranean

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Beate Neuss (ed.), Antje Nötzold (ed.)

The Southern Mediterranean

Series: Schriftenreihe des Arbeitskreises Europäische Integration e.V.

Volume 85 2015

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Alessandro Quarenghi The European Union and its Values: How to Cooperate with Islamists? S. 149-172

„… 149 The European Union and its Values: How to Cooperate with Islamists? Alessandro Quarenghi I …” „… Mandaville, Peter: Global Political Islam, London 2007, p. 20. The European Union and its Values: How to …” „… d’integrazione differenziale. The European Union and its Values: How to Cooperate with Islamists? 153 state …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Africa and the Middle East towards rule of law, democratization and approximation to European values …” „… . Those aims the European Union pursues in its Southern neighbourhood since the Barcelona Declaration 1995 …” „… 2011: “democracy, freedom and openness are the fundamental values that will bind Europe and Egypt …”

Sharon Pardo The Origins of a Strained Relationship S. 257-280

„… cultural basis in this part of the world does not change.”3 And indeed today the European Union (EU) is …” „… / Peters, Joel: Uneasy Neighbors: Israel and the European Union, Lanham 2010, p. 1. 2 Avineri, Shlomo: The …” „… ] 6 Pardo / Peters: Uneasy Neighbors: Israel and the European Union; Pardo, Sharon / Peters, Joel …”

Jan Šnaidauf European External Action Service – Experience in the Southern Neighbourhood S. 45-54

„… the Union for the Mediterranean as a revivalist effort pragmatically aimed at achieving large-scale …” „… Representative, and it changed the Union’s representation and operation in third countries by transmuting the …” „… basis of EU political values that now finally appeared to be truly shared in the Southern neighbourhood …”

Julia Simon Euro-Mediterranean Political Cooperation for the Promotion of Democracy: Comparing Pre- and Post-Arab Spring Approaches S. 13-44

„… frameworks designed by the European Union (EU). They differ regarding the number and heterogeneity of …” „… Paper. 8 Tassinari, Fabrizio / Holm, Ulla: Values Promotion and Security Management in …” „… Sarkozy, a third framework, the Union for the Mediterranean (UfM), was added in 2008, encompassing 44 …”

Dustin Dehéz Summer to Last – Overcoming the Reactionary Temptation in the Maghreb S. 125-148

„… was ousted in a revolution, the Soviet Union invaded Afghanistan and the holy sites in Saudi-Arabia …” „… competence, dividing the profession against itself, and substituting extraneous values for professional …” „… values. The military officer must remain neutral politically.” Huntington, Samuel: The Soldier and the …”

Çağrı Erhan, Pırıl Ocak, Baran Kuşoğlu Turkey: Succeeded or Failed as a Role Model and Pillar of Stability in the Middle East? S. 197-220

„… first period The Turkish model was widely discussed after the fall of the Soviet Union. This model …” „… European power, Turkey belongs in the European Union. Your membership would also be a crucial advance in …” „… American troops to Turkey for the invasion of Iraq; (3) opening of accession talks with European Union (EU …”

doi.org/10.5771/9783845256504

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