The Integration of the European Community and Third States in Europe: A Legal Analysis

By Andrew H. Evans | Go to book overview

6
Joint Decision-Making

6.1 INTRODUCTION

Joint decision-making denotes the process whereby legally binding decisions under an international agreement are adopted by bodies representing the parties to that agreement. Arrangements for such decision-making are made in the EC Treaty and in agreements between the Community and third states. The implicit assumption in these arrangements is that integration simply entails obligations between these parties, which can satisfactorily be determined and developed by such bodies. In other words, it is implicitly assumed that issues of trade relations between the parties can be separated from issues of trade relations within each party.1 Such separation may be consistent with ideas of Community autonomy and national sovereignty, but may not adequately reflect the economic integration taking place between the parties. The resultant risk is that there may be a legal vacuum, inconsistent with real relations between the parties.

Under the EC Treaty the Council of the Union, composed of representatives of the governments of Member States, engages in joint decision-making. In its decision-making this institution is intended to secure reconciliation of positions formulated by each Member State independently of the other.2 Such reconciliation may be problematic, because independent formulation of its position by each Member State may tend to exaggerate differences between these positions.3 However, this tendency in the work of the Council may not only be affected by the operation of the trade liberalization and other requirements in the Treaty but is also intended to be countered by the supranation

____________________
1
Cf. the view that the legality of a 'delegation' of Community powers to such a body may depend on whether the powers relate to 'internal' or 'external' Community policies in K. Lenaerts, "Regulating the Regulatory Process: Delegation of Powers in the European Community" ( 1993) ELRev.23-49, at 26.
2
It is said that institutionalized dialogue permits individual issues to be examined in their broader context and provides mechanisms for earlier consultations on potential subjects of conflict. See H. G. Krenzler, "The Dialogue between the European Community and the United States of America: Present Form and Future Prospects" in J. Schwarze (ed.), The External Relations of the European Community, in Particular EC-US Relations ( Baden-Baden, 1989), 91-103, at 102. However, joint decision-making may not necessarily foster such a dialogue.
3
A consequence of the institutional structure established by the EC Treaty is said to be that different, conflicting, and often contradictory interests may be expressed as 'unified' national interests. See F. Snyder, "Ideologies of Competition in European Community Law" ( 1989) 52 MLR149-78, at 172.

-269-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Integration of the European Community and Third States in Europe: A Legal Analysis
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Abbreviations xvi
  • Tables xix
  • 1 - Introduction 1
  • Part 1 - Trade Liberalization and Other Requirements 9
  • 2 - Trade Liberalization Requirements 11
  • 3 - Requirements Other Than Those of Trade Liberalization 85
  • Part 2 - Harmonization 149
  • 4 - Administrative Harmonization: Competition Policy 151
  • 5 - Legislative Harmonization: the 'Four Freedoms' and Beyond 229
  • Part 3 - Institutional Involvement 267
  • 6 - Joint Decision-Making 269
  • 7 - Committee Work 320
  • 8 - Judicial Control 340
  • 9 - Conclusions 380
  • Bibliography 391
  • Index 411
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 413

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.