First published in 1999. The aim of this book is to assess the impact of the rules of Community law or absence thereof of some issues which directly and intimately affect the level and quality of living in the European Union and to concentrate on problems experienced first- hand by a number of ordinary people working and living within the EU. Thus, the topics covered range from an attempt to define some key features of the nebulous and controversial concept of ‘citizenship of the Union’ to policy networks and implementation of the Union’s structural funds. Furthermore, in assessing and addressing intensity of the integrationist effort needed, academic specialists tackle the sex, religion and race aspects of discrimination within the Union, critically examine the EU immigration and asylum policy and the limited rights and particular treatment that various categories of third country nationals enjoy under Community and/or national law, analyse the external dimension of the Community’s Human Rights policy and seek to establish whether or not any common ground exists between the cultural identities of the Member States.
Table of Contents
1. Citizenship in Polycentric Polity 1. Introduction 2. Passive Citizenship 3. Union Citizenship and Political Participation 4. The European Union and Parliamentary representation 5. The European Union and Participatory Democracy 6. Citizen Participation in decision making 7. A Constitutional Right of Participation? 8. Conclusion 2. The Community’s Social Policy: Recent Developments and Remaining Problems 1. Introduction 2. The European Commission’s Medium-Term Social Action Programme 1995 – 97 3. Is the European Social Model ‘Nearly Complete’? 4. Remaining Problems 5. Conclusion: Future Prospects 3. Fight Against Sex Discrimination 1. Sex Discrimination Policy: Stalled or in Need of Fine Tuning? 2. The Fourth Medium Term Community Action Programme for Women and Men 1996 – 2000 4. Europe Against Racism: A Uncertain Future 5. Elements of Religious Discrimination in Europe: The Position of Muslim Minorities 1. Introduction 2. Friday Prayer and the Case of Ahmad v UK (1981) 3. The Islamic Law of Marriage and the Case of Khan v UK (1986) 4. Conclusion 6. European Union Immigration and Asylum Policy: Problems of Implementation 1. Introduction 2. Immigration and Asylum: A Distinction Without a Difference? 3. A Common Approach to Asylum Applications 4. Problems of Definition 5. Problems of Procedure and the Processing of Applicants for Asylum 6. Inter-state coordination of the Processing of Asylum Applications 7. Documentation and Carrier Liability 8. Europe-wide Protection of Asylum-Seekers or Against Asylum-Seekers 9. Immigration and Asylum Policy Implementations: The Problem of Effective Remedies 10. Conclusion 7. The Third Pillar and Third County Nationals: Into the Melting Pot 1. Fundamental Issues and Framework Questions 2. Refugees and Asylum Seekers 3. Nationals from Countries from which the Community had Concluded Article 238 Agreements 4. Service Providers and Recipients of Services Under the General Agreement on Trade in Services 5. Third County Nationals Not Subject to Special Treatment Already Outlined 6. The Potential Legal Basis for Regulating the Admission and Treatment of Third County Nationals 7. Conclusion 8. The EU and the External Dimension of Human Rights Policy 1. Introduction 2. Opinion 2/94 on EC accession to the European Convention on Human Rights 3. Legal Bases for Human Rights Activity in the External Sphere 4. Human Rights in EC Development Policy 5. Human Rights and the General Systems of Preferences 6. Conclusions 9. Article 128: A Community Contribution to the Cultural Policies of Member States? 1. Introduction 2. The Development of Cultural Policy 3. The Maastricht Treaty 4. The Future of Community Action in the Field of Culture 5. An Answer to the Questions? 10. Policy Networks and the Implementation of the European Union’s Structural Funds 1. Introduction 2. European Regional Policy and the Structural Funds 3. Theories of Policy Networks 4. The Operation of the Structural Funds in the UK, 1989-93 5. Conclusion