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| 2. |
- Bergman, Torbjörn, 1957-, et al.
(author)
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The EU Hybrid : Incrementalism with Democracy?
- 2020. - 1
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In: The European Union and the return of the nation state. - Cham : Palgrave Macmillan. - 9783030350048 - 9783030350055 ; , s. 27-57
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Book chapter (peer-reviewed)abstract
- This chapter argues that the debate about the proper relationship between member states and EU institutions usually pits those who favour emphasising intergovernmental principles against those who think that the Union must have an increased element of supranationalism. One result of a stalemate between these two positions is that the EU has developed into a hybrid regime. However, an empirical examination of recent debates in four important policy areas conducted by the authors reveals that member states often take a third position, incrementalism, which is a step-wise process characterised by advocating small policy reforms without really altering the hybrid. The main drawback of the incrementalism position is that it has only a vague notion of the need for and possibility of representative democracy.
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| 3. |
- Brokelind, Cécile, et al.
(author)
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EU Tax Law and The Return of the Nation-State
- 2020
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In: The European Union and the Return of the Nation State : Interdisciplinary European Studies - Interdisciplinary European Studies. - Cham : Springer International Publishing. - 9783030350055 - 9783030350048 ; , s. 139-165
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Book chapter (other academic/artistic)abstract
- This chapter analyses the European Union’s efforts to counteract the erosion of member states’ corporate tax bases. The author first describes how multinational enterprises, like Apple, have been able to exploit differences between the tax systems in order to pay less taxes. The author then presents the hypothesis that EU member states have managed to defend their interests in protecting their own corporate tax revenues under the pretext of safeguarding national welfare under the mandate of the European Union. However, the Commission’s use of EU rules on state aid to limit tax competition may be viewed as contrary to the Union’s freedom of movement. In view of this trend, the author recommends the EU to agree on a common corporate income tax rule for cross-border transactions reducing member states' initiatives to safeguard their sovereignty through protectionist tax measures.
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| 4. |
- Henrekson, Magnus, et al.
(author)
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The refugee crisis and the reinvigoration of the nation-state: Does the European union have a common asylum policy?
- 2020. - 1st
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In: The European Union and the Return of the Nation State: Interdisciplinary European Studies. - Cham : Palgrave Macmillan. - 9783030350055 - 9783030350048 ; , s. 83-110
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Book chapter (other academic/artistic)abstract
- This chapter discusses the European Union’s refugee policy. It shows that the common treaties leave considerable discretion to the individual member countries, which allows them to regulate refugee migration while still upholding international treaties. Member countries have authority over border controls, the processing of asylum applications as well as economic benefits provided to refugees. The differences in refugee flows are so extensive and systematic that the existence of a common EU refugee policy is debatable. The commitments made by the member countries are largely voluntary, and refugee policy is mainly determined at the national level. The cross-member discrepancies strongly signal that the European Union may not be an optimal region for a common refugee policy. A refugee policy should instead be determined at the national level concordant with the regional and local level, where integration measures are implemented in practice.
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| 5. |
- Reichel, Jane, 1971-
(author)
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Sanctions Against Individuals and the Rule of Law : Can the Member States Let the EU Decide?
- 2020
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In: The European Union and the Return of the Nation State. - Cham : Palgrave Macmillan. - 9783030350048 - 9783030350055 ; , s. 191-217
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Book chapter (other academic/artistic)abstract
- This chapter takes the question of how to guarantee the rule of law within the scope of application of Union law. The rule of law in this context requires, according to the author, that the exercise of public power is constrained and possible to hold accountable through principles of legality and legal certainty, as well as constitutional guarantees for the protection of fundamental rights. The overarching question addressed in the chapter is this: who is it—the Union or the member states—that ultimately guarantees the rule of law and the protection of fundamental rights when sanctions against individuals are decided within the ambit of European Union (EU) law? Can the member states actually rely on the EU to guarantee that decisions which may subject individuals to sanctions are made on a secure basis?
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| 6. |
- Stegmann McCallion, Malin, 1972-
(author)
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Europeanisation and the longevity of the nation-state : Survival by transformation?
- 2020
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In: The European Union and the Return of the Nation State: Interdisciplinary European Studies. - Cham : Springer. - 9783030350055 - 9783030350048 ; , s. 219-239
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Book chapter (other academic/artistic)abstract
- This chapter explores how Europeanisation processes can be understood in a time when the pendulum is moving towards more intergovernmental features of the collaboration? Member states have transformed as a result of EU membership; thus, the member states have been Europeanised but if the pendulum is moving towards more intergovernmental features does that mean that the European integration process has reached its end? To answer these questions the chapter explores the Europeanisation processes through top-down and bottom-up perspectives, the strategies member states may use when it comes to influencing the European integration process (pace-setting, fence-sitting, and foot-dragging), and explores if differentiated integration may be a solution for those member states that would like to further deepen European integration.
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| 7. |
- Andersson, Fredrik N G, et al.
(author)
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The Euro and the Nation-State That Never Disappeared: Would Europe Benefit from the Return of National Currencies?
- 2020
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In: The European Union and the Return of the Nation State. - Cham : Springer International Publishing. - 9783030350048 ; , s. 165-189
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Book chapter (other academic/artistic)abstract
- This chapter discusses the current problems and future prospects of the euro area. The author argues that the problem for the euro area is not the return of the nation-state, but that the nation-states never disappeared. A common currency requires common economic policies, which is largely lacking in the euro area. As a result, large economic and social imbalances have emerged. The chapter examines proposals from the European Commission to increase the level of co-operation to reduce the imbalances. He finds the proposals backward-looking and insufficient. Towards the end of the chapter, the author explores possibility of some countries leaving the euro area. He finds that a friendly divorce is costly in the short term, but likely needed to restore economic balance in the long run. According to the author, a smaller euro area may mean more European co-operation down the line.
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| 8. |
- Moberg, Andreas, 1975
(author)
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When the Return of the Nation-State Undermines the Rule of Law: Poland, the EU, and Article 7 TEU
- 2020
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In: The European Union and the Return of the Nation State. Interdisciplinary European Studies. Bakardjieva Engelbrekt, A. et al. (Eds).. - Cham : Palgrave Macmillan. - 9783030350048 ; , s. 59-82
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Book chapter (other academic/artistic)abstract
- This chapter presents a critical perspective on the EU’s ambition, legal framework, and practice regarding the protection of the rule of law in the member states. Over the past four years, the Polish judiciary has undergone a significant transformation. The changes enacted have been described both as a necessary process of lustration and a serious breach of the rule of law—all depending on one’s own perspective. In what arguably has been the most serious threat to the rule of law in the history of the EU, the European Commission and the Council struggle to cooperate effectively. The chapter seeks to analyse the causes of the Council’s paralysis as well as the Commission’s actions and eventually explain where the necessary changes need to be introduced in order to make the EU’s protection of the rule of law more effective.
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