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Article

The European Union’s International Promotion of LGBTI Rights in its Foreign Relations  

Markus Thiel

Despite ongoing challenges, the European Union (EU) not only is a major actor on the world stage, but also emphasizes human rights for LGBTI individuals in its internal and external policies, thus setting a powerful example for acceptance and inclusion worldwide. While this establishes the EU as a presumptive normative actor from a liberal human rights perspective, a number of disputes over those rights policies and the way they are promoted have emerged in bilateral relations between the EU and other states in recent years. Given Europe’s colonial history, the fact that the bloc is collectively the world’s largest provider of development assistance, and the volatility of LGBTI human rights defenders, it is important to investigate how the EU and its member states promote LGBTI rights internationally. The EU institutions attempt to jointly formulate and implement guidelines for the external promotion of such rights, though no uniform rights standards exist across the various member states. The compatibility of EU and member states’ conceptions of LGBTI rights and the more general question of how far the EU is, can, or should be a “normative” agenda-setting power on the world stage are central. This heavily contested but also popular ideational concept glosses over the limited consensus that exists in the EU with regard to many of its policies and the role it should assume in international affairs. Such incoherence is particularly evident in normatively contested and geopolitically intertwined areas like sexual rights and equality (ranging from nondiscrimination based on sexual and gender expression to positive rights of partnership recognition and childcare). To the extent that a common approach on LGBTI rights is developed, one can detect promotion attempts in the external policy areas in which rights promotion is formulated and diffused, namely in development and foreign aid, in enlargement and neighborhood policies, and in exchange with other international organizations. However, these come with their own politicizing issues, so that alternatives to the presently emphasized conditionality and visibility policies may provide a better way forward.

Article

Gender Equality Policies and European Union Politics  

Christina Fiig

The European Union (EU) has been characterized as a “gender regime” with its distinctive patterns of gender (in)equalities and path dependencies. Gender equality policies have developed as a genuine policy field over the past decades from a single treaty article to a comprehensive legal and political framework dealing with multiple sources of discrimination. Besides, gender equality policies are frequently linked to other political projects and policy goals. Gender equality is often presented as a foundational value of the EU with reference to the Treaties of Amsterdam and Lisbon. Research has pointed out that it is an important aspect of the foundational myth of the EU. The development of gender equality policies has been characterized by alternations between progress and stagnation. These policies are also met by resistance. However, a general conclusion is that EU institutions have been important catalysts in shaping women’s economic, political, and social equality in Europe and in putting equality rights into effect. Historical, political, and sociological interpretations of the EU’s gender equality policies illustrate these dynamics. Gender equality policies are described in terms of the following phases: the 1970s (associated with women’s civil and economic rights and equal treatment), the 1980s (equal opportunities, positive action), and the 1990s (gender mainstreaming in the whole union and for all policy areas). Since the 2000s, a fourth phase of new policies against multiple discrimination has been developing. These different stages of EU gender policy continue to coexist. When the Treaty of Amsterdam entered into force in 1999, the EU committed to a new approach to work for gender equality through mainstreaming. Gender equality and nondiscrimination became guiding legal principles of the union. The Treaty of Lisbon reflects core vaues of the EU such as democracy, human rights and gender equality. One can approach gender equality policies as situated between concerns for gender equality and multiple discrimination on the one hand and priorities of economy and finance on the other. Critical voices in the literature have pointed out that these priorities have outperformed ideas about gender equality. In the aftermath of the financial crisis, EU austerity policies represent a “critical juncture” that could undo the long-term progress achieved in gender equality in Europe. Besides, gender equality policies suffer from a gap between institutionalization on the one hand and a lack of consistency and full political commitment on the other. In a context of a more permanent crisis scenario in the EU, gender equality policies are undergoing transformations and they are subject to change to the worse. A key point is that dynamic gender relations, multiple discrimination, and women’s various roles in society matter for understanding the EU and European integration. This raises questions about the EU’s role as a driving force for gender equality and against multiple discrimination. What happened to gender equality policies and to gendered effects of other policies as a result of the various crises in the EU?

Article

Subsidiarity as a Subject of Battle in European Union Politics  

Kees van Kersbergen and Bertjan Verbeek

Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.

Article

Asylum Policy and European Union Politics  

Ariadna Ripoll Servent and Natascha Zaun

Since the crisis of 2015/2016, asylum has become the focus of attention in the European Union (EU). The right to seek refuge raises issues of sovereignty and control of the territory; hence, with the gradual integration of European member states into a single area free of internal borders, there has been a functional pressure to harmonize domestic asylum policies. However, this process of integration continues to be highly contested on two main axes: the extent of harmonization (how much should the EU do in the area of asylum) and the content of the policies (should the emphasis lie on territorial security or individual rights). The tension between this “core state power” status and the EU’s international obligations has shaped both policy developments and academic debates since the emergence of asylum as an EU policy field in the mid-1990s. The integration of asylum policies is intimately linked to the emergence of Schengen as a borderless zone. Indeed, the idea that, in a Europe without borders, member states cannot control the flow of migrants led national governments to find common rules on ascribing responsibility for international protection claims. The rules agreed in the Dublin Convention of 1990 have become the core pillar that structures the Common European Asylum System (CEAS). This system aims to harmonize the definition of a refugee and the procedures and rights that need to be followed when considering asylum requests, as well as the conditions for receiving asylum seekers (e.g., housing, access to healthcare, and the job market). This process of harmonization has not been uncontested: while the first legislative phase (2001–2005) remained highly intergovernmental and was characterized by little progress being made in the approximation of domestic asylum systems, the second phase (2008–2013) showed an increased reluctance of member states to strengthen the powers of the EU in this field. As a result, the CEAS has been epitomized by faulty implementation and weak approximation—especially among those member states that did not have strong asylum systems in place before integration began. These gaps have left the CEAS in a dangerous position, since they have created incentives for those who benefit the least from EU cooperation to bypass their obligations. There, the principles underpinning the Dublin regime have been at the core of the functional crises that have recurrently emerged in the EU. The so-called “asylum crisis” has shown the weaknesses of the CEAS as well as the incapacity of member states to reform the system and find a solution that addresses the current imbalances. The main solutions have come via externalization, whereby the EU has sought to strengthen the responsibility of third countries like Turkey and Libya. These trends have also been the focus of attention in this highly interdisciplinary field. Debates have generally concentrated on either the internal or the external dimension of EU policy-making. When it comes to the internal dimension, early scholarship centered on the process of integration and the development of asylum into a new policy field. They showed how the major drivers of integration followed functional logics of spillover from the single market and Schengen—but that the nature of this policy area called for different political dynamics. This process remained highly intergovernmental until the early 2000s, which gave interior ministers the power to escape domestic constraints (e.g., civil society, national parliaments, and courts) and shape EU policies in relative isolation. This does not mean, however, that this intergovernmental process was uncontentious. Indeed, it has been shown how the core principles of EU asylum respond to a public goods logic, whereby member states try to shift their responsibility for asylum seekers away from their territory and onto that of their neighbors. Although the idea of “burden-sharing” (and hence a generalized negative perception of asylum) is shared by most member states, the processes of uploading and downloading policies between the domestic and the EU level have been more complicated than just building a “Fortress Europe.” Among those who were traditional recipients of asylum seekers and had strong asylum systems, there has been a clear game of regulatory competition that has sometimes led to a race to the bottom. In comparison, those that had no experience with international protection and lacked a strong asylum system have generally struggled to adapt to EU standards, which has reinforced the imbalances and weaknesses of the Dublin regime. Given these dynamics, most scholars expected the shift to a fully supranational decision-making process to produce far-reaching policy changes and have a rights-enhancing effect. The outcomes have not always fulfilled expectations, which underlines the importance of opening up the black box of preference formation in the EU institutions and member states. What scholars do agree on is that policy outputs on the EU level have often failed to materialize into policy outcomes on the domestic level, which has led to processes of informal adaptation and the strengthening of EU operational agencies like Frontex and the European Asylum Support Office (EASO). In addition, these internal failures have pushed the EU to externalize border controls as well as push the responsibility for international protection toward third countries. There has been a clear case of policy diffusion toward neighboring countries, but also an increased dynamic of policy convergence among hosting countries like Australia and the USA. These policies tend to emphasize exclusionary practices, notably extraterritorial processing and border control—leading to major questions about the survival of asylum as an international human right in the years to come. These trends show that asylum continues to be a highly contested EU policy both in its internal and external dimensions. We need, therefore, to look more closely at the impact of polarization and politicization on EU policy-making as well as on how they might affect the role played by the EU and its member states in global debates about migration and the right to seek asylum.

Article

North Atlantic Treaty Organization (NATO) and the European Union  

James Sperling and Mark Webber

Neither NATO nor the EU are full-spectrum security providers. They are complementary institutions with offsetting strengths and weaknesses. The EU, unlike NATO, has treaty-based legislative prerogatives enabling it to implement common policies on a pan-European basis that touch upon both internal and external components of security. It also commands substantial technical and financial resources devoted to coherent regional security strategies. But if the EU is the more capable actor where security threats have a substantial civilian component, it is NATO that retains an unchallenged primacy on matters of collective defense and deterrence. Together, the two organizations function as agents of collective securitization across a wide range of issues to shape the security agenda and the allocation of national resources. The institutional interlocking of NATO and the EU has evolved over the course of the post–Cold War period. In most cases, the development of the EU as a security actor has not impeded NATO or undermined the cohesion of the alliance. Such complementarity can be demonstrated by reference to defense-related institutions within the EU that reinforce NATO efforts, the emergence of a “fuzzy” division of labor between both bodies, and an operational level of ambition derived from their security strategies. Institutional complementarity is evidenced by two empirical cases: the eastward and southern enlargements of the EU and NATO and out-of-area military and civilian operations beginning with the Balkan wars in the mid-1990s.

Article

Citizenship of the European Union  

Willem Maas

Citizenship is usually conceptualized as a unitary and exclusive relationship between an individual and a sovereign state; yet the European Union (EU) has developed the most advanced form of contemporary supranational citizenship. Citizenship of the European Union guarantees EU citizens and most members of their families the right to move, live, and work across the territory of the EU. It also guarantees the right to vote in local and European elections in the member state of residence, the right to consular protection outside the EU when the member state of nationality is not represented, the right to access documents or petition Parliament or the Ombudsman in any of the official languages, and the right to be treated free from nationality-based discrimination. Though on the political agenda since the postwar origins of European integration, EU citizenship was not formalized into EU law until the Maastricht Treaty. Since then, the Court of Justice of the European Union (CJEU) has declared that “EU Citizenship is destined to be the fundamental status of nationals of the Member States” and there are ongoing discussions about the relationship between EU and member state citizenship. In terms of identity, increasing numbers of Europeans see themselves as citizens of the EU, and questions of citizenship are at the heart of debates about the nature of European integration.

Article

Space, Mobility and Legitimacy  

Ettore Recchi

While migration has always existed, and its consequences have always been important, few people have lived a mobile life in the history of mankind. Population immobility has recurrently been part and parcel of political strategies of social control and domination. Since the second half of the 20th century, however, the extent of geographical movements of individuals has expanded enormously. In particular, the size and scope of international travel has increased at an exponential pace. Favored by globalization and technological progress, transnationalism, initially linked to migration, has emerged as a relatively widespread phenomenon that involves a growing portion of the general population, especially, but not only, in developed countries. Mainly on the basis of research carried out in Europe, there is evidence that transnational practices tend to strengthen cosmopolitanism and the legitimacy of supranational polities (particularly the European Union [EU]), while it is less clear whether they entail denationalization. Further research is needed to improve the quality of independent and dependent variables in this area and assess the effect of international mobility and transnationalism outside the European context.

Article

The Constitutional Treaty and European Union Politics  

Derek Beach

The Constitutional Treaty, which attempted to establish a constitution for Europe, never went into force because of “no” votes in referendums in France and the Netherlands. It did not involve far-reaching changes in what the European Union does, nor did it revolutionize how the institutions work. The pillar structure of the existing treaties was replaced with a single Union, but without fundamentally changing how foreign, security and defense policies were decided. A “foreign minister” was created that merged the roles of High Representative in the Council and Commissioner for External Affairs, and the European Council was established as a separate, treaty-based institution. A simple double majority qualified majority voting (QMV) procedure was introduced in the Council, and the use of QMV was extended to many more policy areas. Given these modest reforms, what was particularly remarkable about the Constitutional Treaty was how it was negotiated. In contrast to previous major treaty reforms, the Constitutional Treaty was prepared by a more inclusive, parliament-like convention that was composed of representatives from national parliaments, the European Parliament, the European Commission, and member state governments. Although the European Convention was followed by a more traditional intergovernmental conference (IGC), the draft produced by the Convention surprisingly formed the status quo during the IGC. Therefore, the use of the Convention method to prepare treaty reforms sparked considerable interest among scholars who have explored how the change impacted who won and lost in the negotiations, and what types of bargaining strategies were most effective.

Article

The Schengen Area  

Steve Peers

Abolition of internal border controls—with corresponding harmonization of external border controls and other relevant policies (short-term visas, freedom to travel, control of irregular migration)—has become a cornerstone of the European Union’s (EU) overall integration project, being linked also to harmonisation of asylum policy, external relations issues, and policing and criminal law cooperation, including the ongoing development and extension of justice and home affairs databases such as the Schengen Information System and the Visa Information System. However, the Schengen process has been frequently contested over the past decade, first of all in the context of the Arab Spring in 2011 and subsequently due to the perceived migration crisis of 2015–2016. The EU has responded with a combination of further integration (such as more funding, more harmonization, and more power for EU bodies) along with deference to Member States regarding re-imposing border checks in order to stop flows of asylum-seekers. It may be questioned how well this strategy will work in the long term, but in the medium term it has succeeded in keeping the Schengen policy afloat in this modified form. The research in this field has concentrated on whether the Schengen system has accomplished its objectives and the possible tension between the system and human rights and data protection standards, as well as the overlapping tensions between the attempts to develop a uniform policy at EU level and the divergences in implementation and policy priorities at national level, particularly at times of crisis or intense political debate.

Article

South Korea and the European Union  

Sunghoon Park

Since the inauguration of the official diplomatic relationship between Korea and the European Union (EU) in 1963, the bilateral relations have continuously upgraded, to reach the status of a Strategic Partnership in 2010, which is supported by three key agreements—the Framework Agreement, the Free Trade Agreement (FTA) and the Framework Participation Agreement. The bilateral relationship has undergone profound changes around the mid-1980s, transforming it from an economy-focused and one-sided preferential relationship to a comprehensive and more equal partnership. Among others, the 2000s have been most dynamic and productive in upgrading the Korea–EU bilateral relationship. Not only EU’s policy initiatives such as the “Global Europe” strategy, but also Korea’s aspiration to play an increasingly important leadership role in regional and global arena have been instrumental in instituting the strategic partnership between Korea and the EU. Considering the past trajectory and recent development, the Korea–EU relationship appears to have a bright future. Stronger policy dialogues and common efforts, especially in climate change and energy, education and culture, and international development cooperation, are needed to make the bilateral relationship more meaningful and commensurate to the weight of the two parties in the global politics and economy.

Article

Spain and the European Union  

Arantza Gomez Arana

The development of political and economic relations between Spain and the European Union commenced in 1970 with their first agreement and demonstrated the clear interest on the Spanish side to engage with this new Community. The full membership to the then European Community that took place in 1986, was previously supported by the Spanish political class when the country returned to democracy. In the more than three decades of membership, Spain has become the border of Europe in a key geopolitical part of the continent. It has contributed to the development of several Justice and Home Affairs measures and it has helped to the development of European external relations with other countries. Thirty-four years after joining the Community, history has demonstrated that Europhilia is still more important than any unintended consequences developed with the membership, including the Eurocrisis. Its roots could be found in Spain’s recent political and economic history, where isolationism and impoverishment dominated the country for most of the 20th century and the option of joining the Community was seen as a positive move against their political and economic problems. The membership has provided stability in some Spanish political and economic matters, but has not fully resolved the long-term and structural problems that this Iberian country suffers from. However, throughout this journey, Spain has held to a pro-EU sentiment, even in recent times, while other EU countries suffer from high levels of Euroscepticism. This chapter argues that despite some of the negative consequences of joining the European Union, Spain’s recent history has been too significant to transform its Europhilia into Europhobia.

Article

Democratic Backsliding in the European Union  

Nick Sitter and Elisabeth Bakke

Democratic backsliding in European Union (EU) member states is not only a policy challenge for the EU, but also a potential existential crisis. If the EU does too little to deal with member state regimes that go back on their commitments to democracy and the rule of law, this risks undermining the EU from within. On the other hand, if the EU takes drastic action, this might split the EU. This article explores the nature and dynamics of democratic backsliding in EU member states, and analyses the EU’s capacity, policy tools and political will to address the challenge. Empirically it draws on the cases that have promoted serious criticism from the Commission and the European Parliament: Hungary, Poland, and to a lesser extent, Romania. After reviewing the literature and defining backsliding as a gradual, deliberate, but open-ended process of de-democratization, the article analyzes the dynamics of backsliding and the EU’s difficulties in dealing with this challenge to liberal democracy and the rule of law. The Hungarian and Polish populist right’s “illiberal” projects involve centralization of power in the hands of the executive and the party, and limiting the independence of the judiciary, the media and civil society. This has brought both governments into direct confrontation with the European Commission. However, the EU’s track record in managing backsliding crises is at best mixed. This comes down to a combination of limited tools and lack of political will. Ordinary infringement procedures offer a limited toolbox, and the Commission has proven reluctant to use even these tools fully. At the same time, party groups in the European Parliament and many member state governments have been reluctant to criticize one of their own, let alone go down the path of suspending aspect of a states’ EU membership. Hence the EU’s dilemma: it is caught between undermining its own values and cohesion through inaction on one hand, and relegating one or more member states it to a second tier—or even pushing them out altogether—on the other.

Article

Federalism as a Theory of Regional Integration  

Søren Dosenrode

Federations have existed in a modern form since the constitution of the United States entered into force in 1789. Riker defines a federation as follows (1975, p. 101) “a political organization in which the activities of government are divided between regional governments and a central government in such a way that each kind of government has some activity on which it makes final decision.” The process of getting to the federation, the integration process, is best described as federalism. There is some agreement on the core of what a federation is, and some disagreement over whether to apply the term “federation” strictly to states and state-like actors or in a broader sense. Federations are concrete ways to organize government, but in many writings, they are also given positive attributes, such as enhanced democracy and efficiency, too. There are two ways to think about federalism: as a politico-ideological theory of action and as an academic theory of regional integration. The first theory is propagated by writers such as Richard Coudenhove-Kalergi, Jean Monnet, and Altiero Spinelli. This theory is of political rather than academic interest. Academic theories of regional integration are divided into two groups, following the common practice in international relations theory: liberal theories (by far the largest group) and realist theories. Federalism theory as a theory of regional integration was abandoned too early because, inter alia, it had been linked to the development of the European Community, which was in crisis from the mid-1970s till the mid-1980s. This was a mistake. Federalism theory provides the scholar with at least two tools. First, under the title “federation,” it introduces a large number of theories, methods, and empirical studies on how to analyze the European Union and other regional integration projects. Second, as a federalism theory, especially in the realist or the Riker-McKayian version, it provides a theory of how countries may unite peacefully. This approach must be developed in terms of (a) the concept of threat, which must be broadened to include economic, social, and cultural elements, and (b) the role of a basic common culture, which primarily facilitates the founding of the federation and constitutes the foundation securing the maintenance of the new federation. A brief analysis of the development of today’s European Union, following the realist approach, demonstrates that, broadly speaking, a correspondence exists between threat and the integration process: In times of threat, the process of integration and federalization advances; in periods of peace and no crisis, the integration process stagnates.

Article

The Eurozone Crises  

Kurt Hübner

Even the most critical observers of the creation of the euro found some nice words on the occasion of its 10th anniversary. And yet it needed only a marginal event like the announcement of the newly elected Greek government that the previously stated public debt ratio was gravely miscalculated to move the euro into a critical crisis zone. Swiftly the attention of private credit markets turned to more member states of the eurozone, only to eventually detect that financial stability of banks did not meet sustainability indicators. What is often labeled as “eurozone crisis” is better understood by a political-economic forensic analysis that rather speaks of eurozone crises. First, the causes for financial and then sovereign debt crises of Greece, Spain, Portugal, and Ireland (to name only the most prominent) differ fundamentally. They were triggered by the same events but caused by differing factors. Second, it is a crisis of economic governance, and thus an institutional crisis that needs fundamental institutional changes. Third, it is a crisis of political leadership. The overlapping character as well as the interplay of those three dimensions hampers a proper understanding of the dynamics of the processes that started in 2010. By differentiating between national crisis causes, triggering mechanisms, policy responses, and multi-level crises management, we suggest a comprehensive analytical framework that may guide current as well as future research in the operating of an incomplete currency union.

Article

Sociological Institutionalism and European Integration  

Sabine Saurugger

Sociological institutionalism is part of the larger group of new institutionalisms that share the basic understanding that institutions matter in social processes. Opposing a more descriptive, “old” institutionalism and a rational-choice version of institutionalism, which defends the idea that actors have the option to choose independently from a large number of attitudes, sociological institutionalists introduced the notion of logic of appropriateness, influenced by a specific strand of the sociology of organizations. This understanding, however, led to limits in the explicatory force of the approach: institutional change, as well as continued conflict and differentiated power relations among actors, could not be explained well. More recent approaches that took sociological institutionalist assumptions very seriously offered a series of possible solutions to those difficulties. While elements of rationality and power exist implicitly in different conceptualizations of sociological institutionalism, these authors explicitly brought together both actors’ rational behavior and their embeddedness in broad institutional frameworks through concentrating on the power relations that exist among agents.

Article

Sweden and the European Union  

Karl Magnus Johansson

Membership in the European Union (EU) entails adjustments or changes in national democracies. Sweden joined the EU in 1995, and EU membership has given rise to controversies in the public debate as well as in the academic community. In an effort to legitimize membership in the public debate, the consequences in terms of sovereignty were summarized in the official Swedish discourse on EU membership as a loss in formal sovereignty but an increase in real sovereignty. This entailed a reinterpretation of popular sovereignty, as stipulated by the Swedish constitution, as well as of democracy, implying that efficiency or problem-solving capacity was emphasized more than procedural democracy. The controversy surrounding the question of influence came to the fore in connection with the euro referendum in 2003. While some argued that remaining outside the euro would come with a political price—marginalization—others emphasized the lack of evidence for such effects. To some extent, this remains a moot point, not least as a result of the expansion and importance of the euro zone. Another salient question is whether or not there is political opposition, that is, conflict rather than consensus in EU affairs. Research claims that (allegedly almost nonexistent) previous research had underestimated the degree of political opposition or conflict, notably in parliament. Moreover, results suggest that there is variation in EU opposition across time and policy areas. In addition there are different interpretations of either decentering or centering effects. Whereas some claim that fragmentation or decentralization is the central feature of the Europeanization of the Swedish state, other researchers submit that the predominant tendency is rather centralization, as the demands of EU decision making—not least EU summitry—on national policy coordination have been a principal driving factor in this process. These are main themes in the debate over the EU and EU membership in Sweden. Included here are a series of analytical narratives and counternarratives, as well as a discussion of important implications for the national democracy and for the distribution or redistribution of power among domestic political actors therein.

Article

Ukraine and the European Union  

Giselle Bosse

In early 2014, a series of dramatic crises in Ukraine generated headlines around the world. Most scholarly attention was placed on the tensions between the West and Russia, and the emergence of a new Cold War, especially following Russia’s annexation of the Crimean peninsula and its military incursion in eastern Ukraine. The relations between Ukraine and the European Union (EU) have often been reduced to debates on whether the EU was to blame for the conflict, having “sleepwalked” into the Ukraine crisis by focusing on technical trade issues and failing to recognize the delicate geopolitical context. Other analysts pointed to the EU’s pursuit of regional hegemony, which has failed to recognize Russia’s legitimate geopolitical and economic interests in Ukraine. In practice, Ukraine‒EU relations have been more complex and nuanced, certainly when considering that Ukraine already declared its ambition to “return to Europe” and to seek EU membership with its proclamation of independence, in 1991. Ukraine-EU relations are perhaps best understood along four levels of inquiry. The first is domestic dynamics in Ukraine. Since the end of the Cold War, all Ukrainian governments have underlined the “Europeanness” of Ukraine and have also by and large followed a pro-EU course in their foreign policies, including the government under pro-Russian president Viktor Yanukovych. However, Ukraine’s European choice has often been limited to foreign-policy declarations. Even the pro-European and reform-oriented governments that led Ukraine after the 2004 Orange Revolution and the 2014 Maidan Square protests struggled to introduce far-reaching reforms because of the power of the “iron triangle” of oligarchic rule, corruption, and financial instability. The second line of inquiry concerns Ukraine-Russia relations. Since gaining independence, Ukraine’s strategy has been one of limited participation in Russia’s post-Soviet regional integration initiatives in order to safeguard its independence. However, Russia always used “sticks and carrots” vis-à-vis Ukraine to further its own policy objectives, ranging from offering gas-price discounts to cutting off gas supplies, imposing import bans on Ukrainian produce, and, since 2014, threatening and using the military to force Ukraine to acquiesce to its demands. A third line of inquiry is the EU’s policy toward Ukraine, based on bilateral relations and cooperation through the European Neighbourhood Policy and the Eastern Partnership. The EU has approached Ukraine as one among several neighbors in its attempt to build a ring of well-governed countries along its borders. Although the EU’s enlargement to Central and Eastern Europe generated more interest in Ukraine, member states have consistently ruled out EU membership for Ukraine. A fourth theme of inquiry is that of EU-Russia relations in the wider international context. Throughout the 1990s and the early 2000s, the EU clearly prioritized good political and economic relations with Russia over its relationship with its neighbors in the East, including Ukraine. Even when Russia annexed Crimea and when evidence of the role of Russian forces in eastern Ukraine had become impossible to ignore, the EU struggled to find a common stance on Russia.

Article

Serbia and the European Union  

Matteo Bonomi and Milica Uvalic

Serbia is negotiating European Union (EU) membership, a process that started in 2014 after the Brussels-mediated agreement between Kosovo and Serbia was signed in April 2013. Although the Federal Republic (FR) of Yugoslavia (Serbia and Montenegro) was officially included into the EU’s Stabilization and Association Process soon after the fall of the Milošević regime in October 2000, complex political issues have prevented its faster progress toward the EU. EU measures after 2001 in the areas of financial assistance, trade, and legal harmonization have sustained in a major way the country’s political and economic reforms, facilitating fast economic integration with the EU economy, financial and banking integration, the adoption of many laws in conformity with the acquis communuataire, new business opportunities, and increasing foreign direct investment. However, the Serbia–EU integration process has also been accompanied by strict political conditionality that has greatly delayed the establishment of contractual relations. Despite major efforts of various governments to comply with EU conditions, it was only in late April 2008 that Serbia concluded a Stabilization and Association Agreement with the EU, which has paved the way for obtaining candidate status in 2012 and the opening of EU accession negotiations in 2014. In the meantime, EU’s enlargement negotiations framework has been strengthened further, making the negotiation talks much more complex and demanding. In addition to Serbia’s insufficient compliance with accession criteria, particularly reforms of the judiciary and public administration, the contested issue of Kosovo’s independence continues to pose a major threat to Serbia’s entry into the EU. Despite the absence of a common position on the part of the EU, given that Kosovo has still not been recognized by five EU member states, the limited progress in the Belgrade–Priština EU-facilitated dialogue represents one of the major obstacles for Serbia’s EU membership. Serbia’s entry into the EU, which could possibly take place in 2025, is likely to bring many benefits to the country and its population, but also to the EU, as this is a region of not only risks but also opportunities.

Article

The Lisbon Treaty  

Jacques Ziller

The expression “the Lisbon Treaty” (LT) is a shortcut to the treaties upon which the European Union (EU) has been based since December 1, 2009. During the “reflection period” that lasted from June 2005 to December 2006 three options were available: remaining with the European treaties as amended by the Nice Treaty; starting new negotiations in order to adopt some changes deemed technically necessary; or trying to get “the substance” of the Constitutional Treaty (CT) of 2004 approved in the form a new treaty. Most member states and the EU institutions were in favor of the third option. The negotiations that led to the adoption of the LT in December 2007 departed from the usual treaty amendment scenarios. The content of the LT is to a large extent similar to that of the CT, as most of the novel provisions of that treaty have been taken over as they were written in the CT and introduced in the existing European Community (EC) and EU treaties. Apart from a few institutional innovations such as the Permanent President of the European Council and the new voting system in the Council, most innovations with regard to the European communities are to be found in the details. The ratification process of the LT was difficult, as it was slowed down by the necessity to hold two referenda in Ireland, and to overcome the resistance of the President of the Czech Republic, an overt Euroskeptic. The negotiations of 2007–2009 shed some light on the importance in EU policy-making and especially in treaty negotiations of the epistemic community of legal experts and, more precisely, of experts in EU law. Events in the years 2010 and 2011 led to minor treaty amendments, shaping the present content of what is usually referred to as the LT. Whether Brexit and the EP elections of 2019 will lead to important changes remains unknown.

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The Amsterdam Treaty  

Sophie Vanhoonacker

The Treaty of Amsterdam was the result of the 1996–1997 Intergovernmental Conference (IGC) among the then 15 EU member states (March 1996–June 1998). Its three core objectives were making Europe more relevant to its citizens, enabling it to work better and preparing it for enlargement, and giving it greater capacity for external action. It was the first IGC since the enlargement with Austria, Finland, and Sweden, who had joined the European Union (EU) in 1995. The negotiations took place in the aftermath of the collapse of the communist regimes in Central and Eastern Europe, opening the prospect of an eastern enlargement. Shortly before the start of the IGC, the Madrid European Council (December 1995) had confirmed that the decisions on launching the accession negotiations would be taken within six months of the conclusion of the IGC. The Treaty was not the critical juncture in European-integration history, which the previous Maastricht Treaty had been. The 1996–1997 IGC tried to complete some of the unfinished work of its predecessor. This included the further extension of qualified majority voting (QMV) and codecision, the shaping of a European security policy and making further progress in dossiers such as energy, civil protection, and the hierarchy of norms. Still it would be erroneous simply to downplay the Treaty as a mere “leftover” text. Under the leadership of the successive Italian, Irish, and Dutch presidencies, the heads of state or government reached an agreement on an employment chapter, a strengthening of social policy, the creation of the position of a high representative for the Common Foreign and Security Policy (CFSP), a partial communitarization of cooperation in the field of Justice and Home Affairs (JHA), provisions on flexible integration and the integration of Schengen into the Treaty. Highly sensitive issues such as the reweighting of the Council voting system and the size of the European Commission were postponed to the next IGC. After a relatively smooth ratification process, which raised little public attention, the Treaty of Amsterdam entered into force on May1, 1999.