FANDOM


European Integration and the Western Balkans

von Prof. Dr. Avni Mazrreku

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[1.] Ama/Fragment 050 01 - Diskussion
Zuletzt bearbeitet: 2017-08-17 10:20:11 PlagProf:-)
Ama, Chalmers et al 2006, Fragment, Gesichtet, KomplettPlagiat, SMWFragment, Schutzlevel sysop

Typus
KomplettPlagiat
Bearbeiter
Hindemith
Gesichtet
Yes
Untersuchte Arbeit:
Seite: 50, Zeilen: 1-10
Quelle: Chalmers et al 2006
Seite(n): 25, Zeilen: 14 ff.
[In 1985 and 1990, two agreements were signed at Schengen, in Luxembourg, between all the Member States, excluding Ireland and the United] Kingdom.204 These conventions provided for the abolition of frontier checks between the parties and a common external frontier. To realize this, the 1990 Convention provided for intergovernmental cooperation in the fields of migration of non-EU nationals, crime and policing. Whilst many Member States wanted to see this brought within the EC framework, the British, Irish, Greeks and Danes were adamant that this was an area where the national veto should be maintained.

The Union was, therefore, to be composed of three pillars. The first is that of the European Community, the second, that of Common Foreign and Security Policy (CFSP), and the third, Justice and Home Affairs (JHA).


204 Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, OJ L 239, 22.9.2000, 13-18; Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, OJ L 239, 22.9.2000, 19-62.

In 1985 and 1990, two agreements were signed at Schengen, in Luxembourg, between all the Member States, excluding Ireland and the United Kingdom.68 These Conventions provided for the abolition of frontier checks between parties and a common external frontier. To realise this, the 1990 Convention provided for intergovernmental cooperation in the fields of migration of non-EU nationals, crime and policing. Whilst many Member States wanted to see this brought within the EC framework, the British, Irish, Greeks and Danes were adamant that this was an area where the national veto should be maintained.

The Union was, therefore, to be composed of three pillars. The first is that of the European Community, the second, that of Common Foreign and Security Policy (CFSP) and the third, Justice and Home Affairs (JHA).69


68 This is now to be found at OJ 2000, L239/19. Iceland and Norway are also associated members.

69 Allegedly, the idea was first suggested by a French negotiator, Pierre de Boissieu, and was constructed around the metaphor of a temple based on three pillars, Middlemas, above n. 39, 188.

Anmerkungen

The source is not mentioned.

Sichter
(Hindemith), SleepyHollow02, WiseWoman

[2.] Ama/Fragment 050 17 - Diskussion
Zuletzt bearbeitet: 2017-11-09 16:28:29 PlagProf:-)
Ama, Chalmers et al 2006, Fragment, Gesichtet, SMWFragment, Schutzlevel sysop, Verschleierung

Typus
Verschleierung
Bearbeiter
Hindemith
Gesichtet
Yes
Untersuchte Arbeit:
Seite: 50, Zeilen: 17-20, 22-25
Quelle: Chalmers et al 2006
Seite(n): 26, Zeilen: 5 ff.
The European Council was given a pre-eminent, coordinating role for all three pillars. Its position, as the body with ultimate political authority and the body which was responsible for visioning and coordinating all the EU activities was, for the first time formalized in Article 4 of the TEU: "The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof." In addition, the unique position of the Member States and the commitment to respect fundamental rights was recognized as a constituent of each pillar as Article 6 (1 and 2) of the TEU which says:

["1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.

2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law".]

The European Council was given a pre-eminent, coordinating role for all three pillars. Its position as the body with ultimate political authority and the body which was responsible for visioning and coordinating all EU activities was, for the first time, formalised:

Article 4 TEU

The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.

In addition, the unique position of the Member States and the commitment to respect fundamental rights was recognised as a constituent element of each pillar:

Article 6(1) TEU

1. The Union shall respect the national identities of its Member States, whose systems of government are founded on the principles of democracy.

2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

Anmerkungen

The source is not mentioned.

Where Chalmers et al appear to cite the wording of Art. 6 TEU as established by the Treaty of Maastricht, they mistakenly reproduce the predecessor rule in Art. E Treaty of Maastricht. Unlike in in Fragment 049 21, where Chalmers et al make a similar mistake about Art C Treaty of Maastricht / Art. 3 TEU, Ama notices and quotes the updated version.

Ama fails to notice, though, that "the unique position of the Member States" (i.e. the respect for their national identities) has shifted to Art. 6 para. (3) TEU, and likewise that Art. D of the Maastricht Treaty, rather than Art. 4 TEU/Amsterdam Treaty marked when the position of the Council "was, for the first time, formalized".

Sichter
(Hindemith), SleepyHollow02


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