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1
COUTTS, Stephen. "The Shifting Geometry of Union Citizenship: A Supranational Status from Transnational Rights." Cambridge Yearbook of European Legal Studies 21 (December 2019): 318–41. http://dx.doi.org/10.1017/cel.2019.19.
Анотація:
AbstractThis Article analyses recent developments in Union citizenship, in particular the relationship between Articles 20 and 21 TFEU. In doing so, it divides Union citizenship into a transnational and a supranational dimension with the transnational dimension having two sub-dimensions: social integration and autonomy. It is argued that we are seeing an increased emphasis on the responsibility of the individual citizen in the context of the transnational dimension and a clear linkage between the transnational and supranational dimensions. The result of these two moves is a status which continues to emphasise the relationship between the Union citizen and the communities represented by Member States, while framing this with a more prominent supranational dimension.
2
Lupo, Nicola, and Giovanni Piccirilli. "The Relocation of the Legality Principle by the European Courts’ Case Law." European Constitutional Law Review 11, no. 01 (May 2015): 55–77. http://dx.doi.org/10.1017/s157401961500005x.
Анотація:
Rule of law and the legality principle – Legality principle in the Italian legal system – ‘Prescribed by law’ – Legality in supranational dimension – ‘Democratic disconnect’ – Margin of appreciation – Concepts of ‘law’ and ‘legislation’ – Democracy-based legislation – Quality of legislation – ‘Political constitutionalism’ versus ‘legal constitutionalism’
3
Perju, Vlad. "Against Bidimensional Supremacy in EU Constitutionalism." German Law Journal 21, no. 5 (July 2020): 1006–22. http://dx.doi.org/10.1017/glj.2020.59.
Анотація:
AbstractScholarly consensus sees EU supremacy as “necessarily bidimensional”: the supranational dimension necessarily stands alongside the national dimension, which rejects the absolute and unconditional supremacy of EU law. I argue that this view of bidimensional supremacy is conceptually flawed and descriptively inaccurate. On the conceptual side, I identify the fallacy of symmetry (the idea that national and supranational perspectives on supremacy are similar in nature and equally reductionist), the fallacy of selection (the view that bidimensionalism alone can overcome what it perceives as an inevitable subjective bias in the choice between national and supranational supremacy claims), and the fallacy of construction (an originally shared popular sovereignty theory, which turns out to be riddled with biases that disrupt the equilibrium within the internally divided sovereign). On the interpretative side, I suggest that the empirical evidence in support of bidimensional supremacy is weaker than it is generally assumed. I then offer an interpretation of the PSPP judgment of the German Federal Constitutional Court, which holds a judgment of the Court of Justice of the European Union to be ultra vires, unlawful and thus non-binding. PSPP presents a problem of German origins and cast, rather than one stemming from the inner structure of EU constitutionalism. At most, PSPP represents a contingent, rather than necessary, and thus unexceptional instance of bidimensional supremacy.
4
Lanko, D. A. "The Northern Dimension as a Promising Model of Interaction between the European Union and Great Powers in Times of Aggravation of Disintegration Processes in the European Space." Administrative Consulting, no. 7 (September 9, 2021): 17–28. http://dx.doi.org/10.22394/1726-1139-2021-7-17-28.
Анотація:
The article discusses the Northern Dimension — the four-lateral policy of the Russian Federation, the European Union, Norway and Iceland — in two instances. On one hand, the Northern Dimension has established itself as an effective instrument of meeting specifc challenges of the northern part of the European continent. On other hand, the article discusses the Northern Dimension as a model of relationship between the EU and its potent neighbours, comparable with Russia in terms of their military power, size of the economy and the scale of political ambitions. The United Kingdom, which is fnishing its exit from the European Union, and which is starting building a new system of relationship with it, has recently emerged as such potent neighbour of the European Union. The article presents the results of analysis based on a dialogue between major theories of European integration: namely neo-functionalism and liberal intergovernmentalism. Combining the two theories allows analysing the roles of individual EU member states — the article focuses on Finland in that context — and of European supranational institutions in the formation of the Norther Dimension; among supranational institutions, the article focuses on the European Commission. The article concludes that Ireland can play a crucial role in the building of future relationship between the European Union and the United Kingdom. The Irish role is comparable with the role that Finland has played in the building of the relationship between the EU and Russia and in developing of the Northern Dimension into an effective and promising model of relationship between the integration union and its great power neighbours.
5
Coolsaet, Rik. "Continuïteit en discontinuïteit in het Belgisch Europabeleid." Res Publica 40, no. 2 (June 30, 1998): 179–91. http://dx.doi.org/10.21825/rp.v40i2.18554.
Анотація:
European states, including Belgium, have looked at the construction of Europe through an economie and a political prism. Both dimensions have evolved following parallel paths. In Belgium a large consensus has always existed concerning the economie dimension of the European construction. In this respect Belgiums post-1945 European policies area direct continuation of the interwar efforts to build a West-European economic area, based on a free trade philosophy and a rejection of economic nationalism which always handicapped small trading states such as Belgium. Even before the second world war the Belgian elite thus accepted the principles of economic multilateralism.In the political dimension however a consensus on a federal Europe only emerged at the end of the seventies. Till then, important parts of the Belgian political elite remained sceptical and even hostile to the construction of a supranational Europe, based on a traditional view on political autonomy and independence. The reasons why Belgian views on the political dimension of Europe slowly shifted to a federal objective were partly domestic and partly the result of the growing awareness that a small countries' political interests in the world can be best pursued through supranationality.
6
Zimmer, Christina, Gerald Schneider, and Michael Dobbins. "The Contested Council: Conflict Dimensions of an Intergovernmental EU Institution." Political Studies 53, no. 2 (June 2005): 403–22. http://dx.doi.org/10.1111/j.1467-9248.2005.00535.x.
Анотація:
Recent research has tried to uncover the political space in which the Council of Ministers of the European Union decides. Rather than the left-right conflict or a cleavage between governments with national and supranational attitudes, this article shows that a redistributive dimension, decisively shapes the interactions in this most important legislative body of the European Union. In contrast to extant studies, we employ ex ante rather than ex post preference data and rely on correspondence analysis as a means to identify the underlying dimensions of contestation. The article concludes with an empirical investigation of how enlargement will affect the emerging political space within the European Union. Our quantitative analysis suggests that the gulf between net-contributors and net-receivers will further deepen.
7
Durst, Susanne, and Wolfgang Gerstlberger. "Financing Responsible Small- and Medium-Sized Enterprises: An International Overview of Policies and Support Programmes." Journal of Risk and Financial Management 14, no. 1 (December 27, 2020): 10. http://dx.doi.org/10.3390/jrfm14010010.
Анотація:
In the last few years, the financing of responsibly operating small and medium-sized enterprises (SMEs) has become the focus of attention of several national and international bodies. Consequently, a number of policies and support programmes have been established aimed at supporting SMEs that take a responsible approach concerning the company and its operations. Against this background, this article presents a comprehensive international overview of support programmes for financing responsible SMEs. Based on systematic desk research, documents of national governments as well as supranational and international organisations have been investigated. The findings reveal that there are strong regional differences in terms of support policy approaches, intensity, and criteria. The largest part of the identified programmes has been launched by the European Union and/or its member states. Additionally, the findings clarify that the primary focus of extant programmes is on the environmental dimension of sustainability, mainly energy-related questions. The social dimension has been neglected so far in the programmes.
8
Erhiun, Melissa. "The ratio of national and supranational levels of foreign policy formation of the European Union." Grani 23, no. 10 (October 30, 2020): 58–67. http://dx.doi.org/10.15421/172093.
Анотація:
The relevance of the topic has been summed up by the migratory crisis, the emergence of recent conflicts and the occasional instability near the cordons of the EU, as a result, he is forced to strengthen supranational governance in various fields. One of such areas is foreign policy, which in the context of changing the nature of security interactions plays an important role in the process of European integration. The object of the study is the EU as an international actor in the process of its formation and development. The subject is the foreign policy dimension of the EU's functioning, its conceptual, institutional and instrumental aspects.The aim of the article was to consider a number of approaches with different emphases in the interpretation of the European Union's foreign policy, definitions of "sovereignty" and "supranationality", the difference between normative and implementing supranationalism, the historical attitude of member states to the full preservation or delegation of sovereignty. in the formation of EU policy, the creation of new authorities and positions in the process of EU formation in the context and the factors influencing member states on the formation of common EU policy and determine the attitude of member states to the supranational level of governance, advantages and disadvantages for them.Conclusions. Member states are ambivalent about deeper integration in foreign policy. On the one hand, foreign policy cooperation can serve as a tool that allows Member States to pursue their national interests more effectively. However, in the absence of leadership in the EU, the supranational level can become an instrument of regulatory justification for projecting the priorities of individual member states on other members of the union. At the same time, the possibilities of its use remain limited due to serious differences in the strategic culture of the EU member states.
9
Cordini, Marta, Tatjana Boczy, and Ruggero Cefalo. "Place-Sensitive Social Investment and Territorial Cohesion: Implications for Sustainability." Sustainability 13, no. 13 (June 24, 2021): 7085. http://dx.doi.org/10.3390/su13137085.
Анотація:
This theoretical paper presents a review of existing literature on the Social Investment (SI) approach to social policy and its underlying and under-explored territorial dimension. The SI approach has been debated and promoted mainly at national and supranational level, while the territorial dimension has been relatively underestimated in the policy as well as in the academic debate. A place-sensitive approach should be included within the analytical framework when addressing the territorial articulation of SI, as territorial-related variables may foster or hinder SI policies. Therefore, we provide a theoretical frame to articulate the territorial dimension of SI, and we discuss relevant points of contact between Social Investment and Territorial Cohesion. First, we provide a critical discussion about Social Investment approach, with the simultaneous aim of highlighting the gaps and the flaws, among which we focus on the territorial dimension of these policies. Second, we argue that this territorial dimension is related to the interaction between four main factors: (1) The reliance on the provision of capacitating services; (2) the process of institutional rescaling; (3) the persistence of spatial inequalities at subnational levels; and (4) the characteristics of the knowledge and learning economy. Third, we explore the relationship between place-sensitive Social Investment and Territorial Cohesion, discussing potential implications for sustainable development. The work is a theoretical reflection based on the HORIZON2020 project COHSMO “Inequality, Urbanization and Territorial Cohesion: developing the European social model of economic growth and democratic capacity”.
10
Coutts, Stephen. "Supranational public wrongs: The limitations and possibilities of European criminal law and a European community." Common Market Law Review 54, Issue 3 (May 1, 2017): 771–803. http://dx.doi.org/10.54648/cola2017060.
Анотація:
Criminal law has an inherent expressive and communitarian dimension, expressing the common values and norms of the political community. Drawing on the theory of Antony Duff, this article explores the extent to which the EU’s actions in the area of substantive criminal law can be said to express common European values by identifying actions deemed wrongful vis-à-vis the Union as a whole. The Union is limited in its capacity to express conceptions of wrong-doing through its substantive criminal law by the limited nature of its competences, its functional character and its multilevel structure. However, it does enjoy an expressive quality in two broad areas; first, the identification of European public goods, harm to which constitutes a wrong to the Union and second, common European public values. Also, substantive EU criminal law can support transnational criminal law processes, interacting with national criminal law and giving rise to the identification of certain shared wrongs amongst Member States. Thus, while certainly limited, EU criminal law does fulfil a role in the identification of wrongful behaviour and the expression of common values.
11
Orechova, Monika. "Internationalisation of Higher Education in Central and Eastern Europe: Conceptualisation of the Definition Inside the Region." Acta Paedagogica Vilnensia 46 (September 8, 2021): 119–31. http://dx.doi.org/10.15388/actpaed.46.2021.8.
Анотація:
The article sets out to analyse previous research on the internationalisation in higher education in Central and Eastern Europe with a particular focus on the conceptualisation of ‘internationalisation’. While there is quite a lot of research regarding both theory and implementation of internationalisation, the majority of it is conducted in the West and the most commonly accepted definition hails from the research traditions of the Anglophone world. This literature review shows that when researchers in Central and Eastern European countries use the term ‘internationalisation’, they either refer to a policy change encouraged (or necessitated) by a supranational institution or global education discourse, or an education process through which an international or intercultural dimension is integrated into higher education.
12
Aleskerov, Fuad, Gamze Avcı, and Z. Umut Türem. "European Union Enlargement and Power Distribution in the Council of Ministers and the European Parliament: The Case of the Turkish Application." New Perspectives on Turkey 21 (1999): 103–24. http://dx.doi.org/10.1017/s0896634600006403.
Анотація:
Critics of European Union (EU) enlargement claim that new members could pose a serious challenge to the existing institutional balances within the EU and endanger future institutional deepening. Together with various enlargements since its inception in 1958, the EU has gone through numerous institutional changes that increasingly reflect its supranational character, although the European Community still contains intergovernmental elements. The most important dimension, which has evolved in this evolutionary process of the EU institutions, is the fine balance between small and large member states in terms of representation and power distribution. This is reflected, for example, in the European Commission, where the ten (relatively) small states are apportioned one commissioner and the remaining five large states two commissioners each.
13
Hunt, Jo. "Ploughing Their Own Furrow: Subnational Regions and the Regulation of GM Crop Cultivation." Cambridge Yearbook of European Legal Studies 13 (2011): 135–59. http://dx.doi.org/10.5235/152888712801753013.
Анотація:
AbstractThis chapter provides a case study in regulatory multi-level governance within the European Union, with a substantive focus on the regime in place for the authorisation of cultivation of genetically modified crops. Whilst presenting a detailed account of the supranational level regime, it seeks explicitly to write in the subnational, regional dimension to our accounts of policy evolution in this highly controversial area. The chapter considers regions’ ‘upstream’ engagement in the policy processes at EU level, through judicial challenge to EU measures as well as attempts to influence supranational level legislative reform, which is currently ongoing. In this regard, it looks both at the role of regions within this process, and within the terms of the resultant legislation. In addition, the chapter considers regions’ ‘downstream’ engagement, in their implementation and application of the existing rules. As a number of regions have sought to declare themselves GM-free zones, this chapter explores the legality of such local and regional GM crop cultivation bans, as a matter of EU law. In short, the chapter contributes further to our understandings of the place held by regions within the EU system of governance demonstrating how regions may themselves be both legal and political actors of significance within the EU order, whose interests are not always congruent with that of their Member State.
14
Winkler, Matteo M. "Same-Sex Marriage and Italian Exceptionalism." ICL Journal 12, no. 4 (March 26, 2019): 431–56. http://dx.doi.org/10.1515/icl-2018-0037.
Анотація:
Abstract This article unveils Italy’s exceptionalism in recognising and protecting same-sex couples by adopting a three-dimension analysis: constitutional, comparative and supranational. It maintains that, compared to other countries whose courts were sympathetic with the legal claims raised by lesbian and gay people, Italy’s Constitutional Court adopted a totally different approach, reinforcing the heteronormativity of marriage in a way that delayed all efforts to pass a law on same-sex registered partnerships. The Constitutional Court, in particular, interpreted the Constitution, the experience of other nations and supranational law according to heteronormativity, an example that is unique in the comparative context. As an illustration, this article addresses the case Bernaroli vs Ministry of the Interior. In Bernaroli, a male-to-female transgender person wanted to remain married to her wife notwithstanding the transition. The case ignited a heated debate among scholars and questioned the courts’ opinions as to the human rights dynamics surrounding same-sex marriage and, more importantly, about the current role of heteronormativity in marriage law. This article concludes that the legal existence of Bernaroli’s marriage represents a constant challenge to the status quo and highlights the permanent crisis of heteronormativity. After the Austrian Constitutional Court’s recent ruling that declared the law on same-sex domestic partnership to be discriminatory, heteronormativity’s defence became even more untenable, making Italy’s a true exception in the continent’s legal landscape.
15
Hunt, Jo. "Ploughing Their Own Furrow: Subnational Regions and the Regulation of GM Crop Cultivation." Cambridge Yearbook of European Legal Studies 13 (2011): 135–59. http://dx.doi.org/10.1017/s1528887000002007.
Анотація:
Abstract This chapter provides a case study in regulatory multi-level governance within the European Union, with a substantive focus on the regime in place for the authorisation of cultivation of genetically modified crops. Whilst presenting a detailed account of the supranational level regime, it seeks explicitly to write in the subnational, regional dimension to our accounts of policy evolution in this highly controversial area. The chapter considers regions’ ‘upstream’ engagement in the policy processes at EU level, through judicial challenge to EU measures as well as attempts to influence supranational level legislative reform, which is currently ongoing. In this regard, it looks both at the role of regions within this process, and within the terms of the resultant legislation. In addition, the chapter considers regions’ ‘downstream’ engagement, in their implementation and application of the existing rules. As a number of regions have sought to declare themselves GM-free zones, this chapter explores the legality of such local and regional GM crop cultivation bans, as a matter of EU law. In short, the chapter contributes further to our understandings of the place held by regions within the EU system of governance demonstrating how regions may themselves be both legal and political actors of significance within the EU order, whose interests are not always congruent with that of their Member State.
16
Kozdra, Michał. "The Boundaries of Russian Identity Analysis of the Concept of Russkiy Mir in Contemporary Russian Online Media." Lingua Cultura 12, no. 1 (February 28, 2018): 61. http://dx.doi.org/10.21512/lc.v12i1.2004.
Анотація:
This article set out to present selected outcomes of my research on the concept of “russkiy mir” in contemporary ethnocentric online Russian media. Perspectives for further analysis were also presented. The analytical methodology involved a semantic and cultural analysis of a dataset from a cognitive and anthropological viewpoint including elements of critical discourseanalysis. The concept of “russkiy mir” in the ethnocentric discourse investigated in this article was based on an idea of forming a supranational Russian civilization. This community would unite all Russians, the Russian diaspora and all those learning Russia, and declaring the attachment to Russian culture. Proponents of this discourse assume that “russkiy mir” will have a geopolitical dimension, imperial pretenses and will transgress state borders, and claiming for itself a transcontinental realm. A nationality dimension is also supposed to be an important aspect according to the discourse participants. The main ethnos is to be that of the Russian nation, around which other ethnoses will congregate. The Orthodox religion is supposed to be an important co-constituent of “russkiy mir”.
17
Martufi, Adriano. "The paths of offender rehabilitation and the European dimension of punishment: New challenges for an old ideal?" Maastricht Journal of European and Comparative Law 25, no. 6 (December 2018): 672–88. http://dx.doi.org/10.1177/1023263x18820678.
Анотація:
In recent years, the aim of offender rehabilitation has grown to become one of the most prominent features of European penal policy. European legal texts, however, lack a clear definition of this concept, thus leaving to supranational Courts the responsibility of clarifying its meaning. This article analyses the case law of European Court of Human Rights and the Court of Justice of the European Union as regards rehabilitation. It argues that the Europeanization of criminal justice is generally contributing to a re-conceptualization of this aim of punishment with relevant implications for the national criminal justice system and its actors. Finally, the article underscores the differences in the approach to rehabilitation between the two Courts, trying to assess their potential impact on national law and their significance in the broader context of European penal policy.
18
apaydin, fulya. "the supranational dimension of voting in national elections across six european democracies: rethinking albert hirschman’s exit, voice and loyalty." European Political Science 15, no. 1 (July 24, 2015): 73–88. http://dx.doi.org/10.1057/eps.2015.37.
19
Barszczewski, Jakub. "Światowe Forum Społeczne jako podmiot polityki kosmopolitycznej." Świat Idei i Polityki 17, no. 1 (December 31, 2018): 241–60. http://dx.doi.org/10.15804/siip201812.
Анотація:
The World Social Forum emerged at the beginning of the 21st century as the leading subject of the alterglobalist movement. It brings together movements that oppose neo-liberal globalization and fight against the ever-weaker control of citizens over the actions of powerful national and supranational entities. As an institution uniting diverse groups excluded from all over the world, it aims to create a platform of global resistance. The innovative dimension of the Forum is to challenge the narrow understanding of alternatives to the current economic and political order and to create conditions for a cosmopolitan policy aimed at grassroots, decentralized and democratic global governance. The aim of the article is to present the characteristics of the World Social Forum as a subject of cosmopolitan politics, to show the challenges ahead and to reveal its political potential.
20
Thym, Daniel, and Evangelia (Lilian) Tsourdi. "Searching for solidarity in the EU asylum and border policies." Maastricht Journal of European and Comparative Law 24, no. 5 (October 2017): 605–21. http://dx.doi.org/10.1177/1023263x17741273.
Анотація:
Solidarity was once at the core of the European integration process. While originally intended to facilitate further integration, solidarity, in recent years, has often been associated with the intention of safeguarding existing policies. This article attempts to untangle this polysemous concept. It discusses the constitutional significance of solidarity, ultimately distinguishing four discernible dimensions in the EU context: transnational solidarity, inter-state solidarity, solidarity between a particular group of individuals and, finally, the institutional dimension. It unpacks the interaction between solidarity, loyalty and mutual trust, ascertaining them as interlocking principles. We focus on solidarity in the Area of Freedom, Security and Justice, revealing it to have legal effects which require compensatory action to support the application of supranational rules. Nonetheless, the principle can be realized in different ways, and it is far from certain whether the EU institutions are able to muster the political clout and the political legitimacy necessary to overcome divergences of opinion and perception. Against this backdrop, we sketch what EU institutions have undertaken to operationalize the principle in the ambit of EU asylum and border control policies to respond to the refugee policy crisis. The contributions to this special issue delve more deeply into the different aspects of this central theme.
21
Tkachenko, Oleksandr, and Anastasiia Saparova. "COMPARATIVISTIC DISCOURSE OF THE UNIVERSALITY OF LAW." Baltic Journal of Legal and Social Sciences, no. 2 (April 4, 2022): 150–57. http://dx.doi.org/10.30525/2592-8813-2021-2-19.
Анотація:
The most influential and representative dimension of comparative legal studies is the attempt to substantiate the universal nature of law. The basis of self-identification of comparative law as an independent legal science is the provision of legal knowledge of generally accepted scientific content, formed by natural science Modern time. Universal and invariant content of law should be equivalent to laws of nature. Supranational and non-national universality is established within the two main paradigms of universality of law. The first is the paradigm of causal universality, which explains the identity of the content of law by influencing the law of the same non-legal factors. The second is the paradigm of teleological universality, which considers the universal content of law as one formed by jurisprudence itself. The dialectic of the paradigm is the content of the comparative discourse on the nature of legal universals.
22
PETRUSHYNA, TETIANA, and ANATOLII ARSEIENKO. "Sociological dimension of economic globalization: world trends and Ukrainian realities." Sociology: Theory, Methods, Marketing, stmm 2019 (3) (October 7, 2020): 51–79. http://dx.doi.org/10.15407/sociology2020.03.051.
Анотація:
Globalization remains the most common and quite controversial concept in modern social discourse. Within the theoretical and conceptual sociological dimension, the authors analyzed the essence of economic globalization (EG) as its defining type. They studied globalization as an objective process (first of all, the international division of labour) and the subjective process of forming a global capitalist economy under the auspices of leading Western countries, supranational financial and economic institutions (primarily the World Bank and the IMF), TNCs. As the main drivers of globalization, they determine its forms and directions in the interests of the "core" of global capitalism. Within the empirical sociological dimension of EG (which involves measuring the various manifestations of the EG process itself as well as its social consequences), the authors paid particular attention to the analysis of social changes in Ukrainian society. The capitalization of the Ukrainian economy, which took place in parallel with Ukraine’s entry into the global economic space, led to degradation of the national economy, significant deterioration of living standards of most citizens, creation of anti-social state with the systemic crisis as its main attribute. To prove these conclusions, the authors analyzed the dynamics of the principal macroeconomic and sociological indicators of Ukrainian society’s life for almost 30 years of drift to the roadside of the global capitalist world, based on the study of numerous domestic and foreign sources. The authors focused on the research of eight critical areas of social changes: deindustrialization of the economy, global competitiveness and innovation, GDP dynamics, employment, income and welfare of the population, socioeconomic inequality, debt dependence and degradation of Ukrainian science. The analysis shows the need to abandon the neoliberal paradigm of development and search for the alternative, more fair models of EG.
23
Kvashnin, Yuri. "EUROPEAN CITIES AS MIGRATION POLICY ACTORS." Contemporary Europe, no. 100 (December 31, 2020): 105–16. http://dx.doi.org/10.15211/soveurope72020105116.
Анотація:
The article examines the urban dimension of cross-border migration to the EU countries and the role of cities in the political, economic and socio-cultural integration of labor migrants and refugees. Faced with a sharp increase in migration flows, municipal administrations are forced to develop their own ways of responding to the migration challenge, which in some cases contradict the policies implemented at the national level. The main typological models of migration governance are considered. The key factors affecting urban approaches are identified, such as the nature and dynamics of migration flows, the distribution of competences between the central and local administrations, the balance of various actors in urban politics – municipal authorities, opposition parties and movements, civil society organizations. Particular attention is paid to the development of intercity cooperation in the field of migration, aimed at sharing experiences and best practices, providing mutual assistance in the resettlement of refugees, as well as joint lobbying of urban interests at the supranational level.
24
Kvashnin, Yuri. "European Cities as Migration Policy Actors." Contemporary Europe 100, no. 7 (December 31, 2020): 101–12. http://dx.doi.org/10.15211/soveurope72020101112.
Анотація:
The article examines the urban dimension of cross-border migration to the EU countries and the role of cities in the political, economic and socio-cultural integration of labor migrants and refugees. Facing a sharp increase in migration flows, municipal administrations are forced to develop their own tools to tackle the migration challenges, which in some cases contradict the policies implemented at the national level. The main typological models of migration governance are considered. The key factors affecting urban approaches are identified, such as the nature and dynamics of migration flows, the distribution of competences between the central and local administrations, the balance of various actors in urban politics – municipal authorities, opposition parties and movements, civil society organizations. Particular attention is paid to the development of intercity cooperation in the field of migration, aimed at sharing experiences and best practices, providing mutual assistance in the resettlement of refugees, as well as joint lobbying of urban interests at the supranational level.
25
Gasbarri, Lorenzo. "(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law." Grotiana 43, no. 1 (August 1, 2022): 113–32. http://dx.doi.org/10.1163/18760759-43010006.
Анотація:
Abstract In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of member States in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject.
26
Schrøder, Kim Christian, Mark Blach-Ørsten, and Mads Kæmsgaard Eberholst. "Is There a Nordic News Media System?" Nordic Journal of Media Studies 2, no. 1 (June 7, 2020): 23–35. http://dx.doi.org/10.2478/njms-2020-0003.
Анотація:
AbstractIn media systems theory, the Nordic countries are often held to constitute a specific media system (Brüggemann et al., 2014). In this article, we put this claim to the test in the area of news consumption. Based on findings about the four Nordic countries Denmark, Norway, Sweden, and Finland in the annual Reuters Institute Digital News Report (Newman et al., 2019), and inspired by previous studies of the audience dimension of media systems (Hölig et al., 2016; Peruško et al., 2015; Van Damme et al., 2017), we undertake a descriptive empirical analysis of the 2019 data of this 38-country study. Our study compares news audience practices in the Nordic countries with those of countries belonging to other supranational media systems. We find that while there are some internal differences within the Nordic media system, there are salient news consumption commonalities that are specific to the Nordic countries, such as preferred sources of news, pathways to news, paying for online news, and trust in the news.
27
Kebranian, Nanor. "Genocide, History, and the Law: Legal Performativity and Recognition of the Armenian Genocide in France and Germany." Holocaust and Genocide Studies 34, no. 2 (2020): 253–73. http://dx.doi.org/10.1093/hgs/dcaa027.
Анотація:
Abstract Laws regulating historical discourse, or “memory laws,” recognize past injustices, and, as in the case of legislation regarding the Holocaust, may punish denial. They also reflect the geopolitical interests of states or supranational institutions, especially in contested histories, such as the Ottoman Empire’s persecution of Armenian subjects during the First World War. Scholarship on such legislation examines its ethical legitimacy and political impact, debating its effect on free speech and democratic governance. This discourse considers whether memory laws should ever be adopted, whether they actually achieve their goals, and the extent to which they reinforce realpolitik in governing institutions. This article reveals a hitherto little-discussed dimension of laws regulating historical discourse: performativity. Laws have performative effects in the form of meanings, intentions, and interpretations that go beyond the letter of the law. By focusing on Armenian Genocide recognition in France and Germany, this article elucidates the performative aspects of memory laws, revealing thereby underlying ideological biases and political agendas.
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Teney, Céline, Onawa Promise Lacewell, and Pieter De Wilde. "Winners and losers of globalization in Europe: attitudes and ideologies." European Political Science Review 6, no. 4 (November 26, 2013): 575–95. http://dx.doi.org/10.1017/s1755773913000246.
Анотація:
Globalization pressures result in a new ideological conflict among Europeans. We use detailed items from the Eurobarometer survey on issues of immigration and European integration that measure the ideological perspective underpinning positions toward the EU. This provides a fine-grained analysis of the ideologies underlying the poles of the new globalization-centered conflict line, which we define as cosmopolitan and communitarian. Our results show that, next to socio-demographic characteristics, subjective measurements have a considerable additional power in explaining the divide among Europeans along the communitarian–cosmopolitan dimension. Subjective deprivation, evaluation of globalization as a threat, and (sub)national and supranational identities play an important role in dividing Europeans into groups of winners and losers of globalization in both Western and Central and Eastern European countries. At the country level, the national degree of globalization is associated positively with the communitarian pole and negatively with the cosmopolitan pole in all EU countries.
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GROSS, STEPHEN G. "Introduction: European Integration across the Twentieth Century." Contemporary European History 26, no. 2 (May 2017): 205–7. http://dx.doi.org/10.1017/s096077731700011x.
Анотація:
This forum explores continuities and transformations in the way Europeans thought about integrating their continent politically, economically and ideologically across the twentieth century. It questions the idea of aStunde Null, which sees European integration primarily as a response to the destruction of the Second World War. Instead, the forum shows how mentalities, ideologies, challenges and constraints that arose before 1945 shaped the way European elites conceptualised and pursued unification in the post-war decades. The European leaders who orchestrated integration after 1945 were looking both backward and forward, trying to revive older visions for a unified continent and overcome long-standing problems while simultaneously aspiring to a new, supranational regional order that would preserve Europe's position as a global power. In exploring such continuities, this forum adds a regionalist dimension to the burgeoning literature – by Patricia Clavin, Daniel Gorman, Mark Mazower and others – on the connections between interwar internationalism and the post-1945 global order, and on the continuity of intellectuals, experts and politicians through the middle half of the twentieth century.
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Busch, Danny, Marije Louisse, and Mirik B. J. van Rijn. "How Single is the Single Resolution Mechanism?" European Business Law Review 30, Issue 4 (July 1, 2019): 577–615. http://dx.doi.org/10.54648/eulr2019025.
Анотація:
Since the first of January 2016, the Single Resolution Mechanism (SRM) has become fully operational. For the Member States of the European Banking Union the new regime entails a transferral of the decision-making on failing banks to the European level, specifically the Single Resolution Board (SRB). The political sensitivity hereof is illustrated by the European and Italian reaction to the mounting troubles in some parts of the Italian banking sector. The new European regime raises the question if, and if so to what degree, Member States participating in the European Banking Union (EBU Member States) retain discretion in determining the course of action for, and future of, a troubled bank. This question is explored along three lines of inquiry. First, we analyse the degree of harmonisation provided for by the BBRD and SRM. The second line of inquiry analyses EBU Member States’ influence in the SRB’s decisionmaking process. The third line of inquiry considers the possibilities (if any) for a public recapitalisation of troubled banks without applying the new general bail-in standard. Our first line of inquiry leads us to conclude that the EBU Member States have surrendered the decision-making on bank resolution to the EBU level, specifically to the SRB. The SRM regulation, consequently, provides for maximum harmonisation, leaving no room for national resolution tools. National resolution powers which operate and compete in the same area as the SRM, such as the Dutch nationalisation law, must thus be held as inapplicable. In the second line of inquiry we found that the SRM has both a supranational and an intergovernmental dimension. While the SRB in its executive session has a strong supranational character Member State influence in bank resolution decision remains present through the involvement of the Council and the SRB in plenary session in key decisions. In the third line we conclude that the rules imposed by the BRRD and SRM Regulation in combination with the State aid regime have rendered public recapitalisation without a bail-in virtually impossible.
31
Griglio, Elena, and Nicola Lupo. "Parliaments in Europe Engaging in Post-legislative Scrutiny." Journal of Southeast Asian Human Rights 4, no. 1 (June 27, 2020): 100. http://dx.doi.org/10.19184/jseahr.v4i1.18017.
Анотація:
Post-legislative scrutiny (PLS) is not completely new to European parliamentarism. In the last few decades, this activity has experienced rapid development, either pushed by supranational trends on better regulation or fostered by national constitutional reforms. However, the involvement of parliaments in the ex post stage of law-making still remains under-theorised. This article aims at providing a comparative overview of the main rules, practices and trends on post-legislative scrutiny in Europe, focusing on the experience of three bicameral Parliaments: the French, Italian and Swiss Parliaments which have been selected as examples of three proactive approaches to post-legislative scrutiny, based on alternative bicameral arrangements. After providing a general overview of the main options that support the involvement of parliaments in the ex-post stage of law-making, the article examines how the benchmark case studies address the following variables: the internal organisation of the ex-post scrutiny, including the role of the administrative staff; the scrutiny object, either referred to single pieces of legislation or to a whole policy; the scope of the ex-post scrutiny, verifying whether it is interpreted as a purely legal dimension or it comprises also forms of impact assessment; the outcomes of the ex-post scrutiny, and more specifically its contribution to the legislative decision-making. The paper demonstrates that PLS in parliament may lead to political outcomes addressing the government when the form of government, the constitutional framework and the party dimension support a competitive use of this tool in the legislative-executive interaction.
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Jimena Quesada, Luis. "La cuestión prejudicial europea ante planteamientos más que dudosos." Teoría y Realidad Constitucional, no. 39 (January 1, 2017): 270. http://dx.doi.org/10.5944/trc.39.2017.19154.
Анотація:
El presente artículo toma como punto de partida la importancia de la cuestión prejudicial como instrumento fundamental del actual constitucionalismo europeo multinivel, en la medida en que a través de él cabe dotar de fuerza a los principios esenciales del Estado de Derecho y de la UE como comunidad de Derecho (especialmente seguridad jurídica, responsabilidad, tutela judicial efectiva y optimización de los derechos fundamentales). Con tal premisa, se efectúa un análisis crítico de estrategias más que dudosas (no siempre aparentemente guiadas por buena fe procesal) que, por acción o por omisión, vulneran el artículo 267 TFUE poniendo en entredicho la fluida articulación del sistema jurídico europeo (de las normas de producción nacional y supranacional) y el correcto reparto del poder judicial europeo (entre la Justicia nacional y supranacional) y, con ello, la óptima realización del sistema europeo de derechos fundamentales. Finalmente, el trabajo concluye con unas propuestas que pretenden mejorar el diálogo judicial supranacional a través de un verdadero espíritu de colaboración que tenga el respaldo de una sólida formación de la Judicatura en Derecho europeo, de una voluntad jurisdiccional positiva (inspirada en el principio favor libertatis), de una dinamización de la obligación de formulación la cuestión prejudicial en los casos previstos en el artículo 267 TFUE y de una disciplina precisa de la doble prejudicialidad (ante la Jurisdicción Constitucional nacional y ante el Tribunal de Justicia).This article takes as its starting point the importance of the preliminary ruling as a fundamental instrument of the current multi-level European constitutionalism, since it allows for strengthening the basic principles of the rule of law at both the State level and the EU level (especially legal certainty, responsibility, due process of law and optimization of fundamental rights). With such a premise, a critical analysis of more than dubious strategies (not always apparently guided by good procedural faith) is carried out. Indeed, these strategies, by action or omission, breach Article 267 TFEU by challenging the fluid articulation of the European legal system (of national and supranational provisions) as well as the correct distribution of the European judicial power (between national and supranational courts) and, as a result, the optimal realization of the European system of fundamental rights. Finally, the paper concludes with proposals that seek to improve supranational judicial dialogue through a true spirit of collaboration supported by a solid training of judges in European law, a positive jurisdictional will (inspired by the favor libertatis principle), a re-dimension of the obligation to submit the preliminary ruling in the cases referred to in Article 267 TFEU and a specific discipline of a double preliminary ruling (both before the national Constitutional Court and before the Court of Justice).
33
Lynskey, Orla, and Francisco Costa-Cabral. "Family ties: The intersection between data protection and competition in EU law." Common Market Law Review 54, Issue 1 (February 1, 2017): 11–50. http://dx.doi.org/10.54648/cola2017002.
Анотація:
Personal data is a valuable commodity in the digital economy, and companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy. This paper maps the relationship between these legal frameworks. It identifies the commonalities that facilitate their intersection, whilst acknowledging their distinct methods and aims. It argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative yardstick when assessing non-price competition; data protection can thus act as an internal constraint on competition law. In addition, it advocates that following the Lisbon Treaty, data protection and other fundamental rights also exercise an external constraint on competition law and, in certain circumstances, can prevent or shape its application. As national and supranational regulators grapple with the challenge of facilitating a dynamic information economy that respects fundamental rights, recognition of these constraints would pave the way for a more coherent EU law approach to the digital society.
34
Bakhlova, Olga V., and Igor V. Bakhlov. "Identity Politics in the Context of Nation Building and Integration-Oriented Interaction: The Case of the Union State of Belarus and Russia." Engineering Technologies and Systems 28, no. 4 (December 30, 2020): 723–53. http://dx.doi.org/10.15507/2413-1407.113.028.202004.723-753.
Анотація:
Introduction. In the processes of nation building and integration, it is particularly important to increase the consolidation potential of emerging communities through identity politics. The totality of challenges, threats and risks determines the need for a balanced combination of its dimensions, taking into account national and common interests of countries. In the post-Soviet space, the Union State of Belarus and Russia acts as a platform for dialogue. The aim of the study is to outline the contours of the construct of supranational identity within the framework of the Union State and to define the degree of its conjugation with the category of “national identityˮ in the discursive practices of the political leadership of Russia and Belarus. Materials and Methods. The study is based on official documents representing the specifics of interpretation of identity politics by the presidents of the Russian Federation and the Republic of Belarus, as well as on materials associated with the functioning of the Union State. Content analysis, the comparative method, and scenario analysis were employed when examining the documents. Results. The research and expert assessments of the internal and external dimensions of the identity politics of the member states, as well as the basic and derived categories of the official discourse have been analyzed; the constants and dominants, similarities and differences in the stands of Russia and Belarus have been revealed. It has also been demonstrated that there has been no fundamental contradiction in their understanding of the priorities of nation and Union building. At the same time, disagreements on a number of topical issues have been identified. The leitmotif of the official discourse is giving absolute priority to sovereignty, which has an ambiguous effect on the course of the integration of Russia and Belarus. Discussion and Conclusion. The conducted study has confirmed the hypothesis that identity politics is multilevel for the states involved in integration-oriented interaction; at the current stage, it remains complex and incomplete. The states demonstrate prevalence of the internal dimension of identity politics and “restrictiveˮ perception of its external dimension, which affects the prospects for promoting the construct of “dualˮ identity. At the same time, the Union State remains an essential integration format for Russia from the geopolitical and civilizational perspective. The approach proposed by the authors and the results obtained, which articulate the correlation of tasks in terms of nation building and integration policy, may help to improve the efficiency of political governance.
35
Krug, Barbara, and Hans Hendrischke. "Framing China: Transformation and Institutional Change through Co-evolution." Management and Organization Review 4, no. 1 (March 2008): 81–108. http://dx.doi.org/10.1111/j.1740-8784.2007.00092.x.
Анотація:
This paper proposes a new institutional perspective to explain not only the diversity of local business systems in China but also how this diversity results from the integration of major institutional forces. We model the emergence of China's business systems as a co-evolutionary process unfolding along a business–government and a micro–macro-level dimension structured by intergovernmental institutional competition, business to business and business to government networking and public-private corporate governance. We find that: (i) China's emerging business system is the result of local institutional competition at the micro level that reduces the need for national (macro) institutions and impacts on the local implementation of national (including supranational) policies; (ii) the interaction between government and business is structured through networks which operate according to an economic rationale while drawing on cultural norms and traditions; and (iii) local businesses interact with local governments to recombine productive factors and reorganise firms and industries in line with local institutions. We conclude that the astonishing adaptability of Chinese businesses as well as the risk of corruption and lack of formal control at local government level are elements of locally differentiated business systems which are held together by an overarching institutional architecture.
36
Pesqueux, Yvon. "What is Globalization? The Paradoxes of the Economic and Political Substance of Markets." South Asian Journal of Business and Management Cases 2, no. 1 (June 2013): 1–15. http://dx.doi.org/10.1177/2277977913480687.
Анотація:
To view globalization in the context of easy or restricted access to global resources is only a very restrictive concept limiting its dimension to geographic space. The term should be assessed in its broader context to understand fully the impact on business, society and culture. This thematic article addresses various perspectives: a descriptive perspective linking globalization with trade flows; a political perspective linking globalization with the ‘crisis’ of sovereignty; a historical perspective about the ‘world-economy’, and a cultural and anthropological perspective. The article goes on to highlight and discuss six senses, each of which has its own logic: an economic sense mainly related to the consequences of multinational corporations’ activity; a geographic sense in which globalization is a geography of flows of activities and their anchorage in a country independent of its geographic space; a political sense that factors in the growing weight of ‘supranational’ organizations and the importance attached to ‘transnational’ political issues; a dogmatic sense in which globalization is a necessary doctrine; a historical sense in which globalization is the current verbalization of capitalism as a political order applicable worldwide; and an organizational sense which places at the core of organizational rationales a relational perspective. The paradoxes of the economic and political substance of the markets are underlined.
37
Trauner, Florian, and Sarah Wolff. "The Negotiation and Contestation of EU Migration Policy Instruments: A Research Framework." European Journal of Migration and Law 16, no. 1 (February 24, 2014): 1–18. http://dx.doi.org/10.1163/15718166-00002046.
Анотація:
Abstract This article develops a research framework for the analysis of the politics of migration policy instruments. Policy instruments are seen as living instruments; they evolve and develop similar to moving targets. A scholar interested in this field of research may focus either on the establishment of a given instrument or on its use. The question of an instrument’s design relates to the policy transfer literature focusing on how certain policies move from one setting to another. In the context of a policy transfer, actors from the other – ‘receiving’ – institutional setting negotiate and, potentially, contest or reinterpret a policy instrument. The evolution of policy instruments once adopted in a specific institutional context is a second area of interest. The original goals can be diluted throughout the implementation process notably due to tensions between intergovernmental and supranational actors, or sticky institutionalization, which is characterized by path-dependencies. Often the choice of new instruments derives from an inefficiency or loss of credibility of past instruments. This editorial therefore seeks to make a twofold contribution: first it investigates the added-value of a policy instrument approach to the study of migration; second it furthers research on the external dimension of EU migration policy.
38
PERNICE, INGOLF. "Global cybersecurity governance: A constitutionalist analysis." Global Constitutionalism 7, no. 1 (March 2018): 112–41. http://dx.doi.org/10.1017/s2045381718000023.
Анотація:
Abstract:With the progressive digitisation and use, in particular, of the internet of things and artificial intelligence by industries, commerce, financial services, science and education, the public administration, health services as well as individuals, our society and daily life gets more and more dependent on the security of the net: cybersecurity. The new risks are self-made, a threat to almost everybody and new in kind. And they have a global dimension. For the difficulty of attribution of cyber attacks traditional concepts of deterrence and defence are not a solution. Given the new conditions of the ‘digital constellation’ this article aims at exploring instruments and methods of cybersecurity governance in a broad sense, learning from internet governance and taking a constitutional perspective. It is based upon shared responsibility, resilience and citizens’ participation in the making and future application of an inclusive global rule-making system. Multi-stakeholder mechanisms are combined with deliberative processes, standardisation and legislative action. In accordance with the principles of global constitutionalism this new framework of global rule generation would emerge as a common democratic instrument of people to meet common challenges in addition and complementary to action for cybersecurity at the local, regional, national and supranational levels.
39
Parra-Luna, Francisco. "Une véritable démocratie existe-t-elle lorsque les électeurs ne connaissent pas le 'dossier' ? Une analyse du brexit sur le plan systémique-humaniste." Acta Europeana Systemica 6 (July 12, 2020): 63–70. http://dx.doi.org/10.14428/aes.v6i1.56833.
Анотація:
On peut différencier les êtres humains en fonction de leur dimension sociale. Les travaux des psychologues Spitteler, Piaget, Jung et d’autres, ainsi que les positions fondamentales d’Adler (l’introversion) et de Freud (l’extraversion) l’ont clairement démontré au cours du siècle dernier: il existe différents types de comportement social de l’être humain depuis son enfance en fonction de son sentiment de solidarité à l’égard des autres ou de son niveau d’acceptation de leurs problèmes. Cette variété des comportements est assez récurrente. Il y a ceux qui se limitent à penser et qui ne se préoccupent que d’eux-mêmes comme l’anachorète qui abandonne le monde pour "sauver" son âme; il en est d’autres qui s’intéressent aux membres de leur famille; il en est qui se sentent engagés à des niveaux plus larges comme l’Etat-nation auquel ils appartiennent; enfin il y en a également qui étendent leurs préoccupations et leur engagement de solidarité à l’humanité toute entière. Si tant est qu’elle est réelle cette préoccupation doit se caractériser par: une "identification personnelle" avec les autres; une "relation formelle" tenant lieu d’obligation; et un "engagement réel" servant de témoignage. Ce sont là trois éléments d’une dimension sociale qui est, pour l’instant, exempte de tout contenu moralisant, à savoir si elle est "bonne" ou "mauvaise", puisqu’il est possible de ressentir une profonde préoccupation fondée sur l’amour comme le Christ pour l’humanité ou également sur la haine comme l’élimination des juifs par Hitler pour renforcer la race ario-germanique. On peut donc, d’un point de vue moralement neutre, établir un classement à partir de l’échelle suivante: l’individu (A); la famille (B); les différents groupes (C); la municipalité (D); la province ou le département (E); l’état-nation (F); l’état-supranational (G) et le monde entier (H).
40
Petrushyna, Tetiana, and Anatolii Arseienko. "Sociological dimension of economic globalization: world trends and Ukrainian realities (Second part. Social changes in Ukrainian society in the context of economic globalization)." Sociology: Theory, Methods, Marketing, stmm 2019 (4) (2020): 68–110. http://dx.doi.org/10.15407/sociology2020.04.068.
Анотація:
Globalization remains the most common and quite controversial concept in modern social discourse. Within the theoretical and conceptual sociological dimension, the authors analyzed the essence of economic globalization (EG) as its defining type. They studied globalization as an objective process (first of all, the international division of labour) and the subjective process of forming a global capitalist economy under the auspices of leading Western countries, supranational financial and economic institutions (primarily the World Bank and the IMF), TNCs. As the main drivers of globalization, they determine its forms and directions in the interests of the "core" of global capitalism. Within the empirical sociological dimension of EG (which involves measuring the various manifestations of the EG process itself as well as its social consequences), the authors paid particular attention to the analysis of social changes in Ukrainian society. The capitalization of the Ukrainian economy, which took place in parallel with Ukraine’s entry into the global economic space, led to degradation of the national economy, significant deterioration of living standards of most citizens, creation of anti-social state with the systemic crisis as its main attribute. To prove these conclusions, the authors analyzed the dynamics of the principal macroeconomic and sociological indicators of Ukrainian society’s life for almost 30 years of drift to the roadside of the global capitalist world, based on the study of numerous domestic and foreign sources. The authors focused on the research of eight critical areas of social changes: deindustrialization of the economy, global competitiveness and innovation, GDP dynamics, employment, income and welfare of the population, socioeconomic inequality, debt dependence and degradation of Ukrainian science. The analysis shows the need to abandon the neoliberal paradigm of development and search for the alternative and more fair models of EG.
41
Dovbysh, E. "Participation of Cities in the EU Integration Processes." World Economy and International Relations 60, no. 1 (2016): 93–102. http://dx.doi.org/10.20542/0131-2227-2016-60-1-93-102.
Анотація:
Local authorities have to deal with a large part of practical work in promotion of the European integration project. Today, cities together with other actors are involved in the EU political process. This involvement leads to modification and enrichment of the European political space and increases the viability of supranational institutions. Cities extend the range of available channels for representation of citizens’ interests. Participation of cities in the decision-making improves the quality of these decisions and the legitimacy of supranational institutions, which is especially important in the context of the debate on the democratic deficit in the EU. Cities and other subnational actors can be active at the pan-European level and national levels. They use different "access points" at the European level, such as the Committee of the Regions, the European associations of cities, representations of local authorities in Brussels. The role of cities is especially evident in the Europe 2020, Cohesion Policy and the European Neighborhood Policy. European cities are involved in the elaboration of national reform programs. Cities and their associations can offer their assessments and visions of development to the Commission. Participating in the elaboration of national reform programs cities get a chance to influence the agenda of national development. This can indirectly affect the implementation of the Europe 2020 and dynamics of the European integration process as a whole. The participation of subnational actors – regions and municipalities – is important for realization of the Cohesion Policy objectives. Cities are particularly relevant for this policy, because they can become a ground for social conflicts and unrest. New tools, such as JESSICA and Integrated Territorial Investment, pay significant attention to local level politics in Europe. The European Neighborhood Policy has an important local dimension. There are such city-oriented programs as COMUS, The Covenant of Mayors, CIUDAD and projects of cross-border coordination. Examples show that cooperation between cities is successful, if it is based on the mutual interest in solving common problems. The Treaty of Lisbon has opened new opportunities to cities' participation. European institutions are now obliged to consult with the Committee of Regions on the issues that have a strong effect at the local and regional level. However, the involvement of cities into integration practices of the EU is still limited. This is due to both, the fundamental problem of the EU organizational design, and the lack of effective channels for representing urban interests at the European level.
42
Dakić, Milojica. "Global Financial Crisis – Policy Response." Journal of Central Banking Theory and Practice 3, no. 1 (January 1, 2014): 9–26. http://dx.doi.org/10.2478/jcbtp-2014-0002.
Анотація:
Abstract Six years after the outbreak of the financial crisis that had shaken the global financial system, experts and analysts all over the world continue discussing the effectiveness, scope and adequacy of mechanisms and measures implemented in the meantime, as well as the adequacy of the underlying theoretical concept. A global consent has been reached on ensuring financial stability through the interaction of monetary, fiscal and prudential policy to ensure the necessary macroprudential dimension of regulatory and supervisory frameworks. The USA crisis spilled over to Europe. Strong support of governments to bail out banks quickly resulted in sovereign debt crises in some peripheral EU Member States. Fiscal insolvency of these countries strongly shook the EU and increased doubts in the monetary union survival. The European Union stood united to defend the euro and responded strongly with a new complex and comprehensive financial stability framework. This supranational framework is a counterpart to the global financial stability framework created by the G20 member countries. Starting from the specific features of the monetary policy whose capacities are determined by euroisation, available instruments and resources for preventive supervisory activities, as well as the role of the government in crisis management, Montenegro created a framework for maintaining financial stability and prescribed fostering and maintaining financial stability as the main objective of the Central Bank of Montenegro.
43
Reike, Ruben. "The “Responsibility to Prevent”: An International Crimes Approach to the Prevention of Mass Atrocities." Ethics & International Affairs 28, no. 4 (2014): 451–76. http://dx.doi.org/10.1017/s0892679414000604.
Анотація:
On September 9, 2013, diplomats and civil society activists gathered in a ballroom in New York to welcome Jennifer Welsh as the UN Secretary-General's new Special Adviser on the Responsibility to Protect (RtoP). In her first public appearance in that role, Special Adviser Welsh explained that one of her top priorities would be “to take prevention seriously and to make it meaningful in practice.” “In the context of RtoP,” Welsh added during the discussion, “we are talking about crimes, and crimes have implications in terms of how we deal with them. You'll hear me say that a lot.” Welsh's approach of treating RtoP as a principle that is primarily concerned with prevention and is firmly linked to international crimes neatly captures the evolution of RtoP since its formal acceptance by states at the 2005 UN World Summit. Paragraphs 138 to 140 of the World Summit's Outcome Document not only elevated the element of prevention to a prominent place within the principle of RtoP but also restricted the scope of RtoP to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. The crime and prevention–focused version of RtoP has subsequently been defended and promoted by Secretary-General Ban Ki-moon and by UN member states. This article seeks to systematically explore some of the implications of linking RtoP to the concept of international crimes, with a particular focus on the preventive dimension of RtoP, the so-called responsibility to prevent. What, then, are the consequences of approaching the responsibility to prevent as the prevention of international crimes?In order to systematically examine this question, this article turns to literature from criminology. While the criminological perspective has so far been neglected in debates on RtoP, the prominent criminologists John Hagan and Wenona Rymond-Richmond argue vehemently that “criminology is crucially positioned to contribute understanding and direction to what the United Nations has mandated as the ‘Responsibility to Protect’ groups that are threatened with mass atrocities.” For the purpose of this article, the label “criminology” comprises domestic criminology, supranational criminology, and international criminal law. While insights from supranational criminology and international criminal law are directly applicable to international crimes, translating knowledge generated in relation to crimes at the domestic level to atrocity crimes at the international level is, of course, not without challenges. Reasoning by analogy is an important method in this regard, though given the anarchical nature of international society some analogies will inevitably be imperfect. The benefits of such an approach, if carefully employed, however, outweigh the risks.
44
Wojnicz, Luiza. "Common Security and Defence Policy of the European Union in Theories of the European Integration." Reality of Politics 4, no. 1 (January 31, 2013): 316–35. http://dx.doi.org/10.15804/rop201319.
Анотація:
The purpose of this article is synthetic analysis of the theories concerning the Security and Defence Policy of the European Union. Author analyses neorealist and neofunctionalist theories and marginally takes into account theory of liberal intergovernmentalism and new institutionalism theory Neorealists argued that in order to understand CSDP, one should look at the changing nature of the balance of power and the way in which member states sought profits coming from the negotiation process, which took place between European Union and NATO. Liberal intergovernmetalists, including Andrew Moravcsik, assumed that CSDP is a factor created and driven by the domestic policy of member states, although both NATO and EU institutions influenced this process. Neofunctionalists’ hypothesis assumed that CSDP is a result of the spill-over effect – consequence of the economic integration. They demonstrated, through economic analysis, the impact of economic and monetary union on the process of development of the European security and defence policy. In neoinstitutionalist theory, the emergence of the CSDP is explained by highlighting the impact of international institutions in the foreign policy of the EU and NATO member states. Above hypotheses have the objective of finding the causes of the CSDP’s emergence, but are also an attempt to answer the question what is the CSDP. Exitisting theories do not adress the whole issue comprehensively, because they are missing implication of links between supranational, transnational and intergovernmental dimension of CSDP, indicating only the conceptualization of evolution and the role of the various bodies at different levels, particularly in the theories of neoliberalism, neoinstitutionalism and intergovernmental liberalism.
45
Claesson, Ragnhild, and Pål Brunnström. "Introduction: Narrating the City and Spaces of Contestation." Culture Unbound 11, no. 1 (April 12, 2019): 1–8. http://dx.doi.org/10.3384/cu.2000.1525.20191111.
Анотація:
While nation states have a disputed status in a globalised world, cities are often regarded as sovereign and global actors. Along with de-nationalising processes of increased privatisation, supranational governing and networks of transnational corporations, city administrations have developed new capabilities of orientation and governing in a global context (Sassen 2006). Inequality, poverty and segregation are some of the pressing issues that city administrations are grappling with – issues of local challenge with global relevance and repercussions, and vice versa. We wonder, if city administrations also address cultural issues that traditionally were of national concern, as fostering and narrating a sense of identity and belonging? If so, we think this shift needs to be further inquired, as we know that narrating and uses of history are not innocent practices. Rather, these are activities which consciously and unconsciously can push developments and futures in specific directions (Sandercock 2003). Further, narrating and history-writing have a spatial dimension and a performative force which may manifest in the physical environment, making changes, or sustaining status quo (De Certeau 1988, Hayden 1997 and Massey 2005). A critical engagement in the making and use of history in urban space is needed to disclose power relations and constructions of categories, such as gender identities (Scott 2011), and to problematize bias perspectives on cultural heritage and an “authorised heritage discourse” (Smith 2006). Processes of narrating the city in urban development and regeneration are often processes where not only urban history, but also urban futures, are negotiated in a very concrete and physical sense.
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Konkov, A. E. "Digitalization in Political Relations: Planes for Perception and Mechanisms for Transformation." Outlines of global transformations: politics, economics, law 12, no. 6 (December 30, 2019): 6–28. http://dx.doi.org/10.23932/2542-0240-2019-12-6-1.
Анотація:
The process of digital technologies development and their comprehensive integration into people’s lives influences consecutively different social processes. Mostly such an influences relieves at the present moment in the economic sphere, where digital economy gets to be one of the key priorities all over the world. Also processes of digitalization are likely to touch education, health care, law, they filter through political relations too. The article dwells upon analyzing directions for such an infiltration and mechanisms for transforming political sphere of society because of their pressure, generalizes digital practices in the political discourse. The author attempts in particular to evaluate retrospectively prerequisites and initial characteristics for involving web instruments by political actors, to define specific features of digital environment as a new domain for social and political relations, to capture process and functional characteristics for applying consecutive technologies. The specific emphasize is made on Russian experience of regulating and applying the political dimension of digital technologies, which reveals the active search by government for some national vision of digital policy both inside and outside as far as state borders are not likely to apply to the web space. Based on approaching consecutive practices the author distinguishes three meaningful planes (directions) to consider digitalization in political relations: digital democracy, which characterizes upscaling deliberative mechanisms for public policy with web communication opportunities; digital bureaucracy, which reflects advanced skills of political establishment and emerging technocratic platforms based on advanced e-government: and also digital diplomacy, which makes it possible for involving new technologies into politi cal achievements on the international and supranational arena.
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Ragone, Sabrina, and Valentina Volpe. "An Emerging Right to a “Gay” Family Life? The CaseOliari v. Italyin a Comparative Perspective." German Law Journal 17, no. 3 (June 1, 2016): 451–85. http://dx.doi.org/10.1017/s2071832200019830.
Анотація:
This Article analyses, through the lens of comparative law, theOliari and others v. Italyjudgment, which was issued by the European Court of Human Rights (ECtHR) in July 2015. TheOliaricase is important for being the first judgment in which the ECtHR established the granting of legal “recognition and protection” to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights. In order to understand the role of judicial bodies in the progressive protection of homosexual rights, this Article combines an analysis of European case law with the national perspective. As it concerns the supranational facet, the authors illustrateOliari's reasoning and situate the case in the jurisprudence of the ECtHR. Elements of both continuity and innovation emerge from the analysis, as well as a relevant dimension of judicial dialogue supporting the incremental recognition of gay rights in Europe. As it concerns the national facet, this specific case was initially dealt with at the domestic level and was the object of judgment 138/2010 by the Italian Constitutional Court. The judgment is critically put into perspective through the examination of the jurisprudence of other European Constitutional Courts (France, Portugal and Spain) that were called on to decide similar cases in the same period. Therefore, the Article offers a comparative analysis of theOliarijudgment clarifying its relevance and speculating on the potential value of this case for the future recognition of the right to a “gay” family life in Europe.
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Melnyk, Roman, and Anna Barikova. "Cross-border public administration." Informatologia 52, no. 1-2 (June 30, 2019): 74–89. http://dx.doi.org/10.32914/i.52.1-2.8.
Анотація:
Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters
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Fedele, Stefania Lotito. "The Ne Bis In Idem Principle in Tax Law: European and Italian Frameworks." Central European Public Administration Review 18, no. 1 (April 23, 2020): 51–68. http://dx.doi.org/10.17573/cepar.2020.1.03.
Анотація:
In the national and supranational legal area, the need to address the ne bis in idem principle is justified by the growing interest aroused by the most recent pronouncements of the European Courts. The principle prohibits anyone who has already been acquitted or convicted in a previous trial from being tried again. Moreover, it has become a fundamental right enshrined in the European Convention on Human Rights and the Charter of Fundamental Rights of the EU. The interest in the issue also derives from the need to understand whether the approach of the Italian legal system – or any other similar national order – can be considered compliant with European tax law and case law, based on the definitions of criminal and tax offences. Thus, talking about a European legal space means rethinking the idea of punitive power in a dimension that tends to be ‘solidarity-based’. The State can consider itself impervious to repressive demands from outside but is instead called to cooperate actively to safeguard its own guarantees. The traditional self-referential conception of criminal repression effectively summarised in the expression ‘punitive sovereignty’ gives way to an idea of jurisdiction that draws directly from the principle of mutual recognition. In this scenario, the profile of the protection of the individual from the risk of a duplication of the exercise of punitive power for the same fact in different states assumes the role of the first magnitude. Hence, there is a need to act on two levels at the same time: to seek solutions aimed at resolving possible conflicts of jurisdiction (prohibition of competing prosecutions for the same fact), and to attribute, within each Member State, preclusive effects to the previously judged foreigner (ne bis in idem).
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Godenhjelm, Sebastian, Rolf A. Lundin, and Stefan Sjöblom. "Projectification in the public sector – the case of the European Union." International Journal of Managing Projects in Business 8, no. 2 (April 7, 2015): 324–48. http://dx.doi.org/10.1108/ijmpb-05-2014-0049.
Анотація:
Purpose – The purpose of this paper is to establish an understanding of what projectification means, how projectification is driven forward, as well as what the consequences of projectification are in an European Union (EU) context, and in the public sector in general. Design/methodology/approach – The research methods consist of a literature review as well as a meta-analysis of key EU policy documents related to the functioning of regional development and projects. The paper shows that structural developments brought forth by a projectification in a public sector context have significant consequences. Findings – Without contextually sensitive interlinking mechanisms between temporary and permanent structures projects risk losing their flexible and innovative qualities, and may fragment the ability of permanent organisations for maintaining coordination and continuity. The findings suggests that the proximity of permanent organisations, the discretion of entrepreneurship, the political priority of the task, the inclusion of competencies and interests, and the quality of transfer mechanisms are essential variables in explaining the outcome of temporary organisations in a politico-administrative context. Research limitations/implications – The paper contributes to the literature on projects in a public sector context and suggests that comparative research on the drivers and consequences of public sector projectification in supranational as well as national contexts is needed. Practical implications – The increasing requirements for applied project management skills and methods as criteria for project selection in the public sector highlight the importance of a broader theoretical and practical understanding of projectification. Originality/value – The paper adds a new dimension to the projectification debate by presenting a descriptive and conceptual discussion about the consequences of public sector projectification in an EU context. It complements an existing theory of the temporary organisation and takes the first steps towards a theory applicable to projectification in a public context.