Towards a Theory of De-Europeanization, an Elite-Based Approach

Martin-Russu, Luana

doi:10.1007/978-3-031-11081-8_2

Cited by 2 publications

(2 citation statements)

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“…Moreover, in the future, the EU itself will have to adapt to new realities and changing dynamics in order to ensure that future enlargement will be as successful as in the past. 38 The validity of this conclusion is evidenced by the statements of the Chancellor of Germany, O. Scholz, 39 and the President of France, E. Macron, 40 in 2022 in the context of the discussion on the expansion of the EU at the expense of Ukraine and Moldova, as well as the Balkan countries.…”

Section: Europeanisation As a Phenomenon Of European Integrationmentioning

confidence: 97%

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Lomaka¹,

Yakoviyk²,

Bilousov³

2023

AJEE

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Background: The nature of the European Union (EU) as a global actor has long been the subject of diverse academic debates. Proponents of an understanding of the EU as a normative force believe that its greatest transformative power lies not in coercion but in a policy of enlargement that allows the EU to stimulate reforms in the candidate countries of the Central and Eastern European region, despite the crisis of enlargement. The aim of the article is to study the impact of the Europeanisation process on the legal systems of member states and candidate countries, in particular Ukraine, as well as the formulation of proposals for national institutions regarding the perception of the ‘Europeanisation’ impact of EU law on the legal system of Ukraine. Methods: The methodological basis of the work is interdisciplinary and comprehensive approaches. The interdisciplinary approach is based on the application of theoretical developments in jurisprudence, philosophy, political science, and the theory of international relations, which make it possible to study the process of Europeanisation in relation to member states and candidate countries as fully and comprehensively as possible. The comprehensive approach is aimed at identifying the multifaceted and multifactorial ontological determinants of the Europeanisation process of legal systems. These approaches determined the choice of appropriate general theoretical and special scientific methods: hermeneutic, dialectical, analysis, synthesis, etc. Results and Conclusions: As a result of the study of the political will, capacity, and legitimacy of the EU to defend the values proclaimed in the founding treaties, in cases of violations of the regulations of the EU law by the member states, the authors come to the conclusion that the EU may face negative consequences due to the display of democratic reformist coalitions in individual member states (Poland and Hungary ), as well as due to favouring (authoritarian) stability over uncertain (democratic) change. Concession to candidate countries for EU accession in terms of the fulfilment of the Copenhagen criteria in exchange for satisfying the interests of leading member states may undermine the credibility of the project of building a European identity based on the common values of the EU, as well as the loss of the reputation of the normative power of the European Union. Accelerating the process of Ukraine’s accession to the EU, which is connected with Ukraine’s acquisition of the status of a candidate for accession to the EU, requires the Europeanisation of the domestic legal culture as a prerequisite for the modernisation of all other elements of the legal system. This, in turn, implies the completion of the process of de-Russification of legal science and education, the development and approval of the Legal Education Development Program, and the modernisation of legal terminology.

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Section: Europeanisation As a Phenomenon Of European Integrationmentioning

confidence: 97%

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Lomaka¹,

Yakoviyk²,

Bilousov³

2023

AJEE

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“…Це, разом з тим, не виключає можливість окремих проявів деєвропеїзації (T. A. Börzel [40]) як унаслідок виходу держави-члена зі складу Європейського Союзу -Brexit (Ch. Burns [41; 42]; P. Copeland [43]; C. Reid [44]; О. Трагнюк та Ю. Щокін [45], S. Wolff та A. Piquet [46]; І. Яковюк [47]), так і окремих проявів процесу де-демократизації в окремих державах-членах (J. Janczak [48]; L. Martin-Russu [49]; A. Szymański [50]), або у зв'язку з позицією окремих держав-членів та країн-кандидатів (A. Castaldo A. та A. Pinna [51]; G. Raagmaa, T. Kalvet та R. Kasesalu [52]; G. Yilmaz [53]).…”

Section: європеїзація як рушійна сила модернізації національних право...unclassified

Europeanization of Legal Culture: an Exploratory Essay

Lomaka¹

2023

Plaw

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The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, concepts, behavior and practice; second, on full compliance with the principles of EU law and direct application of EU law in the legal systems of the Member States, through the harmonization of national legislation with the provisions of EU law, as well as through formal judicial harmonization. Effective and equal application of EU law is directly conditioned by the formation of European judicial culture.

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Towards a Theory of De-Europeanization, an Elite-Based Approach

Cited by 2 publications

References 124 publications

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Europeanization of Legal Culture: an Exploratory Essay

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