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Handbook on European Enlargement : A Commentary on the Enlargement Process - Andrea Ott

Handbook on European Enlargement

A Commentary on the Enlargement Process

By: Andrea Ott (Editor)

Hardcover

Published: 16th October 2002
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The Handbook on European Enlargement (HEE) is the most comprehensive legal commentary on the enlargement process, which brings together 52 leading authors from Member States and candidate countries, who are working at the European Commission, universities and in public administrations. The underlying rationale is to depict and analyze the legal framework for the enlargement process and to provide a comprehensive guide to academics, practitioners and students. To do this the HEE covers the Europe Agreements and Association Agreements, decisions of the Association Councils, appropriate judgments of the ECJ, the Accession Partnerships, the candidate countries' National Plans for the Adoption of the Acquis as well as the role of the European Commission (Progress Reports), the funding instruments that underpin the whole process (PHARE, ISPA, SAPARD) and the legal orders of the candidate countries. More specifically, the HEE tackles: + the legal, political and historical background to the present enlargement preparations; + the status of the Europe Agreements and Association Council Decisions in the legal orders of the candidate countries for the purposes of EU integration; + how the (re-oriented) Europe Agreements apply; + other regional instruments including the SAAs and the PCAs; + the chapters of the EU/EC acquis communautaire and their implementation in the candidate countries and practical examples of problems arising; + the pre-accession process and the Accession Partnerships; + financial and technical assistance and its application in the accession phase to, e.g., agriculture, infrastructure, environment; + the accession negotiations in progress. 'While the need for simplicity and brevity, due to practical constraints on the size of the final book, proved a considerable challenge, the outcome is a book that reads well, is well structured and organised and is surprisingly easy to dip into for reference purposes. [...] It works according to a simple methodology that aims to give the reader a broad, legal overview and analysis of the enlargement project.' From the Foreword by Professor Marc Maresceau

'While the need for simplicity and brevity, due to practical constraints on the size of the final book, proved a considerable challenge, the outcome is a book that reads well, is well structured and organised and is surprisingly easy to dip into for reference purposes. [...] It works according to a simple methodology that aims to give the reader a broad, legal overview and analysis of the enlargement project.' From the Foreword by Professor Marc Maresceau 'The Handbook on European Enlargement is undoubtedly a very impressive project and the editors should be praised for their accomplishment. The Handbook does provide a comprehensive legal account of the enlargement process and should be recommended reading for all who have the ambition to gain a deeper understanding of the complexities of this process ... the great relevance of the Handbook will extend beyond May 1, 2004 when 10 of the Candidate States will have become Member States.' Sweet & Maxwell

Forewordp. V
Prefacep. VII
Acknowledgementsp. IX
Contributorsp. XIX
Abbreviationsp. XXIII
Introductionp. XXXI
Enlarging the Eu: The Legal, Political and Historical Background
The Structure of the European Union/European Communities
A constant revision of the treatiesp. 3
The question of legal personalityp. 7
Fundamental and basic principlesp. 13
The three pillars of the European Unionp. 29
The European Communitiesp. 31
Common Foreign and Security Policyp. 37
From Justice and Home Affairs to Police and Judicial Co-operation in Criminal Mattersp. 49
The Ec and Member States in International Organisations
The Council of Europep. 55
GATT and WTOp. 61
The Candidate Countries in International Organisations
The Council of Europep. 67
GATT and WTOp. 75
Candidate countries in other international organisationsp. 81
Enlargement
Earlier enlargementsp. 87
Changing requirements for membershipp. 90
The current enlargementsp. 103
The Pre-Accession Strategy and the Accession Partnershipsp. 103
Negotiations in progressp. 113
Progress of the negotiationsp. 123
The accession negotiations on free movement of workersp. 131
Financing enlargementp. 143
The current enlargement process and third countriesp. 155
European Economic Area and Switzerlandp. 155
The Balkans and the Newly Independent Statesp. 165
Stabilisation and Association Agreementsp. 165
The Partnership and Co-operation Agreement with the Newly Independent Statesp. 175
International Agreements in Different Legal Orders
International Agreements in the European Community Legal Order and in the Legal Orders of the Member States
Competence to conclude international agreementsp. 197
Procedure for negotiation and conclusion of agreementsp. 198
Jurisdiction of the European Court of Justicep. 198
Legal effect of international agreementsp. 199
EC agreements in the Member Statesp. 201
Different forms of EC agreementsp. 205
International Agreements in the Legal Orders of the Candidate Countries
Introductionp. 209
Integration of the Europe Agreements/Association Agreements into national lawp. 209
Application of the Europe Agreements/Association Agreements in the candidate countriesp. 214
Accession to the EUp. 218
Bulgariap. 221
Czech Republicp. 229
Cyprusp. 239
Estoniap. 251
Hungaryp. 257
Latviap. 267
Lithuaniap. 281
Maltap. 291
Polandp. 299
Romaniap. 309
Slovak Republicp. 323
Sloveniap. 331
Turkeyp. 341
The Europe Agreements and the Other Association Agreements with Candidate Countries
General Principles of the Europe Agreements and the Association Agreements with Cyprus, Malta and Turkey
Nature and objectives of the Europe Agreementsp. 349
Political dialoguep. 354
The various stages of associationp. 356
The human rights and democracy clausep. 357
General principles of the Association Agreements with Cyprus, Malta and Turkeyp. 363
The Osimo Agreements in the Europe Agreement Sloveniap. 367
Free Movement of Goods Under the Europe Agreements
The EC Frameworkp. 369
The Europe Agreement frameworkp. 375
Commentp. 381
Agriculture
Introductionp. 391
A framework for co-operationp. 392
Identifying the problemsp. 395
Towards resolution of the problemsp. 399
The Integration Strategyp. 405
Problems on the horizon - the Agreement on Agriculture?p. 409
Hope for the future?p. 413
Fisheries
The EC Common Fisheries Policyp. 415
Candidate countries and fisheriesp. 422
Conclusionsp. 425
Persons, Services and Capital
Workersp. 427
Introductionp. 427
Movement of workers in the context of Community Lawp. 428
Movement of workers in the Europe Agreementsp. 433
Conclusionsp. 446
Establishmentp. 449
Introductionp. 449
Freedom of establishment in the context of EC lawp. 451
The scope of the provisions on establishment in the Europe Agreementsp. 453
Beneficiaries of the establishment provisionsp. 467
Guarantees regarding entry and residence for nationalsp. 472
Additional rights regarding key personnelp. 477
Remaining national competences of the contracting partiesp. 482
Mutual recognition of qualificationsp. 483
Competences of the Association Councilp. 483
Justificationsp. 484
Direct application and direct effectp. 488
Implementation of the acquis communautaire in CEECsp. 490
Conclusionsp. 493
Movement of Persons (Association Agreement with Turkey)
Introductionp. 495
Workers in the Ankara Agreement and the Additional Protocolp. 496
Family membersp. 503
Establishment of personsp. 507
Conclusionsp. 508
Services
Movement of services in the context of Community Lawp. 509
Services in the Europe Agreement: Comparative analysisp. 515
The Europe Agreements provisions on services: commentp. 520
Free Movement of Capital
Introductionp. 535
Free movement of capital and payments in the EC Treatyp. 535
Obligation under the Europe Agreementp. 540
General rulesp. 540
Variations from the normal rulesp. 542
Interpreting the Europe Agreements' provisionsp. 545
Accession and free movementp. 547
Conclusionsp. 548
Annex XIII, EA Sloveniap. 549
Competition and Other Economic Provisions
Restrictive Practices of Undertakingsp. 552
State aidp. 569
Safeguard measuresp. 586
Balance-of-payments difficultiesp. 590
Public undertakingsp. 591
Intellectual propertyp. 600
Public procurementp. 604
Implementation of the competition acquis in the candidate countriesp. 606
Public Procurement
Community Law on public procurementp. 619
Candidate countries and public procurementp. 624
Conclusionsp. 630
Approximation of Laws
Introductionp. 631
Obligation to approximate the legal system to the acquis communautairep. 633
Scope of the approximation worksp. 637
Technical assistance to associated countriesp. 638
Environment
European Environment Law: policy, principles and objectivesp. 641
The acquis on environmentp. 646
Candidate countries and the environmentp. 661
Environment: country report Czech Republicp. 679
Economic and Monetary Policy (in the Framework of Emu)
Economic and Monetary Policy in the context of Community Lawp. 693
Candidate countries and Economic and Monetary Unionp. 707
Banking and Other Financial Services
Banking and other financial services in the context of Community Lawp. 727
Candidate countries and banking and other financial servicesp. 735
Taxation
Taxation in the context of Community Lawp. 749
Candidate countries and taxationp. 757
Implementation of the acquis in Polandp. 759
Conclusionsp. 768
The Justice and Home Affairs Acquis: Asylum and Migration
Asylum and migration in the context of Community Lawp. 769
The acquis on asylum and migration in the context of the accession processp. 770
Implementation of the acquis on asylum and migration in candidate countriesp. 772
Participation in Community programmes and agenciesp. 797
Conclusionsp. 798
Country report: Czech Republicp. 801
Money Laundering, Corruption and Drugs
Money laundering, fraud and drugs in the context of Community Lawp. 813
EU and EC acquis on money laundering and drugsp. 816
International measures and different definitions both in the EU and internationallyp. 822
Money laundering and drugs and the candidate countriesp. 827
Implementation of the acquisp. 832
Conclusionsp. 835
Country report: Polandp. 836
Social Policy and Social Co-Operation
Social co-operation in the context of Community Lawp. 845
The acquis communautaire on social and employment policyp. 848
Candidate countries and social and employment policyp. 859
Conclusionsp. 865
Consumer Protection and Public Health
Consumer protection in the context of Community Lawp. 867
Public health in the context of Community Lawp. 872
Candidate countries and consumer protection/public healthp. 875
Conclusionsp. 880
Industrial Policy, Entreprise Policy and Small and Medium-Sized Entreprises
The European Communities' powers and industrial policyp. 881
EC Entreprise policy and actions for SMEsp. 884
Candidate countries: industrial co-operation and SMEsp. 887
Conclusionsp. 894
Science and Technology
Science and technology in Community Lawp. 895
Candidate countries and science and technologyp. 898
Conclusionsp. 899
Education and Training
Education and training in the context of Community Lawp. 901
Candidate countries and education and trainingp. 904
Conclusionsp. 910
Information, Communication and Culture
Audio-visual media and culture in the context of Community Lawp. 913
The acquis communautaire on culturep. 914
The acquis communautaire on information and communicationp. 915
Cultural policy and candidate countriesp. 923
Audio-visual media and the candidate countriesp. 924
Conclusionsp. 927
Telecommunications, Postal Services and Broadcasting
Telecommunications, postal services and broadcasting in the context of Community Lawp. 929
Candidate countries and telecommunications, postal services and broadcastingp. 932
Conclusionsp. 939
Statistics
Statistics in the context of Community Lawp. 941
Candidate countries and statisticsp. 942
Conclusionsp. 944
Energy
Energy and nuclear safety in the context of Community Lawp. 945
Candidate countries and energy and nuclear safetyp. 955
Transport
Introductionp. 965
Overview of the EC's Common Transport Policyp. 966
Co-operation between the EC and Associate States in the field of transportp. 983
The relationship between the provisions on transport co-operation and other provisions in the Europe Agreementsp. 985
Beyond the Europe Agreements and the Association Agreements in the transport sectorp. 987
Conclusionsp. 995
Tourism
Tourism in the context of Community Lawp. 997
Candidate countries and tourismp. 1000
Conclusionsp. 1001
Public Administration
Public administration in the context of Community Lawp. 1003
Candidate countries and public administrationp. 1006
Implementation of the acquisp. 1008
The EU's administrative preparations for enlargementp. 1011
Conclusionsp. 1011
Regional Development and Co-Ordination of Structural Instruments
Cohesionp. 1013
Other Policiesp. 1017
Cohesion partnershipp. 1018
Maastricht reformsp. 1023
Regional development in the CEECsp. 1027
Internal reforms in the CEECsp. 1038
Institutions
Institutional, general and final provisionsp. 1043
Institutions in the enlargement processp. 1072
Indexp. 1079
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9789067041515
ISBN-10: 9067041513
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 1116
Published: 16th October 2002
Publisher: SPRINGER VERLAG GMBH
Country of Publication: NL
Dimensions (cm): 24.13 x 17.42  x 5.16
Weight (kg): 2.04