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НазваHas the EU reached the limits of integration (реферат)
РозділІноземна мова, реферати англійською, німецькою
ФорматWord Doc
Тип документуРеферат
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Political Aspects of European Integration 


Has the EU reached the limits of integration?

By: 		Yaroslav Sinitsov, EUBL

Instructor: 	Desmond Dinan, 

Visiting Professor, University of Amsterdam


Before answering this question, let us face some obvious facts. So far,
the European Union has been the most advanced and successful alliances
of the independent countries in the modern history. One cannot deny that
it is only the EU which established – at least in the first pillar – a
new legal order for its Member States, by which they voluntarily shared
their sovereignty based on the rule of law in order to achieve the
common task, as set forth by Article 2 of the Treaty Establishing the
European Community: ‘ promote throughout the Community a harmonious
and balanced development of economic activities, sustainable and
non-inflationary growth respecting the environment, a high degree of
convergence of economic performance, a high level of employment and of
social protection, the raising of a standard of living and quality of
life, and economic and social cohesion and solidarity among Member
States.’ But as with any other international treaty, there is always
room for diversity in interpretation. If the right to interpret the
Treaty provisions and other Community legislation had been vested in
Member States, the EU would have been nothing different but just another
international treaty nicely falling within the general system of public
international law, where no contracting party can be bound against its
will. The EU is unique to have the European Court of Justice which,
unlike any other international tribunals, has a compulsory jurisdiction
and an exclusive authority to interpret the Community legislation – at
least, with respect to the first pillar of the EU. By widely
interpreting the EC legislation and relying not just on the text, but
also on ‘the spirit’ of the Treaty, the European Court of Justice has
actually developed its own doctrine which is now seen as one of the
important sources of the Community law. This doctrine has played a
crucial role in implementing EU policies, since the text of the Treaty
and other Community legislation cannot cover in detail all aspects of
integration. Despite the instability of its development, the EU remains
by far more efficient that any other possible alternatives. The EU is a
major achievement and is still on the move. IGCs being clearly
inter-state negotiations bear little resemblance to classical diplomatic
conferences reviewing international treaties. European Treaty reform ‘is
perhaps better looked at as the constitutional process – with an
integral role being played by the representatives of the people, both at
national and European level.’

Why Integrate?

But why integrate? What made European governments act against their
cautious political interests? The answer was given by Jean Monnet, one
of the founding fathers of the European Communities and a lover of
aphorisms: ‘People only accept changes when faced with necessity, and
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