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Glossary in:

Angelika C. Dankert

Europe under Pressure, page 107 - 112

The Development of the European Union under the Influence of the Arab Spring, the Refugee Crisis and the Global Threat of Terrorism

1. Edition 2017, ISBN print: 978-3-8288-3971-7, ISBN online: 978-3-8288-6688-1, https://doi.org/10.5771/9783828866881-107

Series: Wissenschaftliche Beiträge aus dem Tectum Verlag: Rechtswissenschaften, vol. 93

Tectum, Baden-Baden
Bibliographic information
Glossary Acquis Communautaire The term denotes rights and obligations derived from EU Treaties, laws and court rulings. Member states joining the Union have to accept and implement the entire acquis before the accession treaty is signed (Kenealy/Peterson, 2015: 249). Alien The Schengen Borders Code refers to an alien as ‘third-country national,’ meaning any person other than a national of a member state of the European Union according to Article 17 (1) TEU and someone who is not covered by point 5 of this Article (Point 6 SBC). Charter of Fundamental Rights As several member states refused the establishment of an EU constitution, the Charter of Fundamental Rights was established as not legally binding guide and was proclaimed in 2000 (Geiger/Khan, 2010: 39) at the Nice Summit (Kenealy/Peterson, 2015: 249). The Charter includes fundamental rights and principles, but only fundamental rights obtain a legal claim (Geiger/Khan, 2010: 40). As part of primary law, the Union is bound to the Charter (Geiger/Khan, 2010: 40), which aims to strengthen and promote fundamental human rights of Europeans (Kenealy/Peterson, 2015: 249). Civilization (according to Huntington, 1993) A ‘civilization’ is defined as a cultural unity. Cities, regions, nationalities, religious and ethnical groups differ regarding their heterogeneous cultural features. The term marks the greatest possible cultural merger of humans on the level of identity, which is based on subjective self-identification, common language, history, religion, values, traditions and norms. The European civilization is heterogeneous among its 28 member states but differs most from non-European civilizations. Huntington identified eight civilizations in total and gives reasons for the clash of civilizations, which is supposed to be triggered by cultural conflicts (Schwan, 2001), but no further explanation is given in this paper. Clash of Civilizations The theory defines the peoples’ cultural and religious identities as primary source of conflict in the post-Cold War era (Schwan, 2001). 107 Copenhagen Criteria The criteria are fundamental conditions regarding economic readiness, institutions and human rights, aspiring states have to meet before being able to join the Union (Lelieveldt/Princen, 2011: 299). Cultural Backpack Culture is assumed to be a survival kit, carried by members of a society in a so-called cultural backpack (e.g. cultural software, social psychology, sociology and linguistics as well as cultural anthropology and socio-linguistics) (Slawomir, 2005: 7, 8). Cultural differences result from variations in norms, values, beliefs and communication style (Sorrells, 2013). Direct Effect A major legal principle in the Union’s law, established in 1963 due to Van Gend en Loos (C26/62) (Kenealy/Peterson, 2015: 251), holding that individuals can directly invoke EU legislation in cases before national courts (Lelieveldt/Princen, 2011: 300). Under the ‘direct effect,’ community law applies directly to individuals and national courts have to enforce it (Kenealy/Peterson, 2015: 251). Doctrine/Principle of Supremacy The term defines a fundamental legal principle and doctrine, established in Costa v. Enel (C6/64) (Glencross, 2014: 109), stating that in case national legislation conflicts with EU law, Union law always prevails (Lelieveldt/Princen, 2011). Enlargement Term defining the process whereby national states apply to become member states of the European Union, resulting in 28 member states in 2016 (Homewood, 2014). Euro-egoism The term refers to Europe’s exclusive concentration on its own interests and difficulties (Council of Europe, 1999: 8). European Convention on Human Rights The term describes an international treaty drafted in 1950 by the Council of Europe. An individual can appeal to the European Court of Human Rights in case the individual feels his rights have been violated by a state. All judgements are binding to the respective state (Kenealy/Peterson, 2015: 251). Glossary 108 Europeanization The term defines a (top-down) process, whereby national systems adopt EU policies, while shaping the body of the European Union (Kenealy/Peterson, 2015). European Integration The process of European integration is defined as the process of creating ‘Europe,’ resulting in economic, political and social interconnections between the created unity called member states of the Union. The basis for integration is the accordance with the concept of common fundamental values (Naßmacher, 2013). Euroskepticism The political ideology opposes European integration as complex phenomenon whereby the term originates in Margaret Thatcher’s Bruges speech of 1988. It is a pan-European affair, manifested in e.g. political parties (Glencross, 2014: 280). Fundamental Freedoms The Treaty on the Functioning of the European Union defines the internal market as an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured (Article 26 (2) TFEU). The four fundamental freedoms are defined further in Article 28, 45, 56 and 63 TFEU. Internal Market The term refers to an area without internal frontiers in which free movement of goods, services, persons and capital is ensured (Article 26 (2) TFEU). Measures having equivalent effect Measures having equivalent effect to quantitative restrictions are harder to identify than quantitative restrictions but also part of non-tariff barriers. The term covers health and safety requirements, packaging requirements and the composition and marketing of goods (Homewood, 2014: 98). Opting-out Member states were given the possibility of exemption from implementing several provisions of the Treaty. The states may fundamentally agree with the Union’s decision, but may determine how to implement it. The UK and Denmark made use of the opt-out during the implementation of the Euro currency (Falkowski, 2011: 47). Principle of Conferral The principle sets limits to the power of the supranational entity. According to Article 5 (2) TEU, ‘the Union shall act only within the limits of the competences transferred Glossary 109 upon it by the member states in the Treaties,’ meaning member states confer competences to attain objectives they have in common (Article 1 para. 1 TEU). In order to exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions (Article 288 para. 1 TFEU). As result of the Principle of Conferral, the Union may legislate and adopt legally binding acts trough the transfer of respective competences (Article 2 (1) TFEU), whereby the member states democratically and voluntarily give part of their sovereignty to the Union (Homewood, 2014). In case of conflict of law, EU law prevails, highlighting the created hierarchy, which has already been emphasized by the court in Van Gend en Loos (C26/62, ‘direct effect’ (see Glossary)) and described as ‘new legal order.’ The primacy of European Union law was exposed in Costa vs. Enel (C6/64) and is written down in the Declaration No. 17 of 2007. Principle of Proportionality The principle in Article 5 (4) TEU defines that neither the content nor the form of the Union action shall exceed what is necessary in order to achieve the objectives of the Treaty. Principle of Subsidiarity Areas outside the exclusive jurisdiction of the Union shall be governed by the member states at a central, regional or local level. Unless the member states cannot sufficiently achieve the objectives of the proposed action, the Union shall not act under the principle of subsidiarity (Article 5 (3) TEU). The principle was developed in the Treaty of Maastricht, pointing out Europe’s people-orientation, which is contrary to a centralistic approach (Schmidt, 2002). Decisions and actions should be taken at the most efficient level of governance and as close as possible to the European citizens (Kenealy/Peterson, 2015: 255). The intention is to prevent unnecessary accretion of power at Union-level (Glencross, 2014). Push Back Methods The term refers to the unlawful turning down of refugees near the border. Pushing back asylum seekers is a measure not in line with international and EU law (Richter, 2015: 69). Quantitative Restrictions Quantitative restrictions are part of non-tariff barriers, yet generally easily recognized. It is distinguished between quota and ban. Article 34 TFEU prohibits quantitative restrictions (Homewood, 2014: 98). Glossary 110 Sectoral Integration The term refers to the process whereby new policy areas are partially or exclusively regulated on the EU level. New policy areas or sectors are increasingly regulated at EU level (Schimmelfennig/Rittberger, 2006: 74). Supranational Institutions All those EU-institutions that are devoted to represent the interests of the Union are referred to as supranational institutions (Lelieveldt/Princen, 2011: 303). Western Values The term refers to a set of principles established by the ‘Western Civilization,’ including rationalism, the rule of law, the separation of church and state, human rights, selfcriticism, the disinterested search for truth, equality before the law, freedom of conscience and expression and liberal democracy (Warraq, 2011). Glossary 111

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Abstract

The past years were characterized by a massive influx of migrants crossing the Union’s external borders seeking asylum. Illegal migration, exploitation of social welfare systems, foreign infiltration and the instrumentalization of religion condensed in terror attacks determine today’s changed attitude towards foreigners, refugees and migrants and therefore strongly impact the current European political agenda.

Angelika C. Dankert describes the development of the EU and provides information on events that led to the creation and the spill-over of the Arab Spring. Roots and origin of Jihadist ideology as well as goals of religiously motivated terrorism are illustrated and European standards on morals and values are critically questioned. Through investigation of current matters in the field of law, security and interculturality, this book reveals the biggest geopolitical challenge of the 21st century.