The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. As a case (...) study, I discuss the European Union’s Renewable Energy Directive as a significant driver of foreign land acquisitions. Using its global power, the European Union (EU) is effectively governing land far outside of its international borders and with it the people who live on this land or are expelled from it. As a result, EU citizens ought to consider such people fellow members of their political community. This has implications for normative debates about immigration and, in particular, for arguments that appeal to collective self-determination to justify a right of political communities to exclude newcomers. The political community to which EU citizens belong reaches far beyond the EU’s official borders. (shrink)

The European Union (EU) has been experiencing an unprecedented energy crisis for the last 50 years, with severe economic, social and political consequences. Rising energy demand, extreme weather events (unprecedented heat and long winters), disruptions in supply chain and poor regional and global reserves have all contributed to the current energy crisis in the EU. Prices on natural gas in the EU are rising as demand around the world increases. Prices on the gas rose by more than 800 (...) percent year-on-year and prices on the electricity by about 500 percent. Rising prices on gas are due to low stocks in European storage facilities and pressure from Russia, which is trying to speed up the launch of the Nord Stream-2 pipeline. Also in the EU, there is reduction the production of coal and natural gas, reducing the capacity of wind farms. As natural gas plays a significant role in shaping the prices on electricity, electricity has also risen in price. As prices on gas is rose, prices on oil and coal is rose significantly. Demand for energy consumption has also increased due to weather conditions – cold winters and periods of abnormal heat in summer. The largest consumers of gas and electricity in the EU are suffering heavy losses due to rising prices on energy. Industrial giants have begun to cut production, threatening economic recovery. The world economy is recovering from the crisis caused by the coronavirus pandemic, and the EU countries are increasingly in need of energy for industry and the population. An unbalanced transition to renewable energy has become a particular problem for the EU. Calmer weather this year has led to lower energy production using wind turbines. And old European nuclear power plants are gradually being decommissioned. Green energy is not able to cover all needs, so the continent has risen sharply demand on gas. All the above-mentioned problems have certainly affected the further ensure energy security of the EU and require the developing of appropriate mechanisms to overcoming current challenges. (shrink)

When discussing the safety of research subjects, including their exploitation and vulnerability as well as failures in clinical research, recent commentators have focused mostly on countries with low or middle-income economies. High-income countries are seen as relatively safe and well-regulated. This article presents irregularities in clinical trials in an EU member state, Poland, which were revealed by the Supreme Audit Office of Poland (the NIK). Despite adopting many European Union regulations, including European Commission directives concerning Good Clinical (...) Practice, these irregularities occurred. Causes as well as potential solutions to make clinical trials more ethical and safer are discussed. (shrink)

The approach to analysing population ageing and its impacts on the economy has evolved in recent years. There is increasing interest in the development and use of products and services related to gerontechnology as well as other social innovations that may be considered as central parts of the "silver economy." However, the concept of silver economy is still being formed and requires detailed research. This article proposes a typology of models of the silver economy in the European Union (...) at the national and regional levels. This typology was created by comparing the Active Ageing Index to the typology of varieties and cultures of capitalism and typology of the welfare states. Practical recommendations for institutions of the EU and directions for further research are discussed. (shrink)

Many multinational corporations develop business operations in Europe. The current research attempts to fill the gap on how corporations can increase their political influence in this geography by exploring the joint effect of corporate political activity(CPA) and social responsibility (CSR) on political embeddedness and financial performance. Based on institutional theory and on a sample of autochthonous (European Union [EU]) and allochthonous (non-EU) firms with declared EU lobbying (from 2008to 2019) we conducted two studies. Based on a multi-level model, (...) Study 1 finds strong and robust evidence that boardroom gender diversity and EU lobbyists inter-actively increase EU political embeddedness. Complementarily, Study 2, which relies on general linear Modeling, suggests that allochthonous corporations are more profit-able when they display high-level political embeddedness and lobbying expenditures, combined with adoption of United Nations (UN) guidelines. Overall, findings show that lobbying in Europe pays off, especially when corporations strive to be aligned with EU ethical values and aspirations. Hiring lobbyists to be based in Brussels and promoting gender equality help establish EU political connections. Subsequently, findings highlight the role that EU political embeddedness, lobbying expenditures, and UN guidelines play in leveraging financial performance, especially across non-EU corporations. Regarding EU corporations, results show that a firm-level investment on CPA-CSR is particularly important. Overall, findings from this research support corporations that are growing businesses in Europe. KEYWORDScorporate political activity, corporate social responsibility, lobbying, return on assets (ROA),United Nations (UN_. (shrink)

A guide for translators, about the translation theory, the translation process, interpreting, subtitling, internationalization and localization and computer-assisted translation. A special section is dedicated to the translator's education and associations. The guide include, as annexes, several independent adaptations of the corresponding European Commission works, freely available via the EU Bookshop as PDF and via SetThings as EPUB, MOBI (Kindle) and PDF. For a “smart”, sensible translation , you should forget not the knowledge acquired at school or university, but the (...) corrective standards. Some people want a translation with the touch of the source version, while another people feel that in a successful version we should not be able to guess the original language. We have to realize that both people have right and wrong, and that their only fault is to present requirement as an absolute truth. Teachers agree at least on this principle: “If a sentence is ambiguous, the translation must also be“. There is another critical, less easy to argue, based on an Italian phrase with particularly strong wording: “Traduttore, traditore“. This critique argues that any translation will betray the author‘s language, spirit, style … because of the choices on all sides. What to sacrifice, clarity or brevity, if the formula in the text is brief and effective, but impossible to translate into so few words with the exact meaning? One could understand this criticism that it encourages us to read “in the text.” It seems obvious that it is impossible to follow this advice into practice. CONTENTS: Translation - Assessment of the amount of translated texts - Translation and interpretation - - Translation documents - Translation theories - - Practical / communicative approach - - Approaches of literary theories - - Sociolinguistic mainstream - - Approaches based on linguistic theories - - Approaches based on philosophical and hermeneutic concepts - - Semiotic approaches - The translation process - Types of translations - - Technical translation - Schools of thought - Difficulties associated with specialized domains - The problem of double translation - Thoughts about translation - European standard for translation services - Beautiful infidels - Self-translation - - Types of self-translation - - Factors that promote self-translation - - Self-translation and not authorial translation - Technical translation - - Terminology - - Translation process - - Translation tools - - The technical translator - - - Status - - - Remuneration - Conference interpreting - - Methods of interpretation - - Skills of the interpreter - - Contexts and working languages - - The interpretation in international institutions - - - UNESCO - - - European Union Internationalization and localization - Example - Internationalization and localization - Challenges - Software localization - - Difficulties - - Composing specifications - - Special tools Computer-assisted translation - Translation memory - - Advantages and disadvantages - - General operation - - Various - - Software - Machine translation - - Translation process - - Prerequisites - - Difficulties - - Approaches - - Development - - Existing products and services - - Prospective - Parallel text Subtitle - Subtitling or dubbing? - Description - Subtitling the movies - - Spotting - - Translation - - Simulation - - Engraving, inlaying or packaging - - The live broadcast - Live captioning - - Velotype - - Touch typing - - Computer-aided stenotype - - Speech recognition - Surtitles - - Comments - - Technical means - - Artistic issues - Quasi instant voice translation - - Difficulties - - Ongoing projects - - Future Translation Studies - Theories of translation - Interpretive theory - Back-translation - - The proper use of back-translation - False friends - - Cognates - - - Complete false friends - - - Partial false friends - - False cognates - Translation process - - The implications of the "inside" language - - Total and not absolute translation - - A single model - Untranslatability - - Hovering - - Translation methods - - - Adaptation - - - Calque - - - Compensation - - - Borrowing - - - Periphrasis - - - Translator's note - - Untranslatability of poetry and puns - - An amazing counterexample Translators - Translator's notes - European Master's in Translation - - European Master's in Translation - - - Organization of EMT - - - Core skills - - The EMT label - - EMT Network - - - Eligibility - - Members - European Council of Literary Translators' Associations - - History - - Objectives - International Translation Day Annexes: Translation in EU - Translation Guide - - Think before you write - - - Who will be reading the document? - - - What are you trying to achieve? - - - What points must the document cover? - - Focus on the reader - - - Be direct and interesting - - Get your document into shape - - - When you start - - - As you write - - - Two common problems at the European Commission: - - KISS - Keep It Short and Simple - - - Short... - - - ... and Simple: - - - Simple, uncluttered style also means: - - Make sense - structure your sentences - - Cut out excess nouns - verb forms are livelier - - Be concrete, not abstract - - Prefer active verbs to passive - - - Name the agent - - Beware of false friends, jargon and abbreviations - - - Avoid false friends - - - Avoid or explain jargon - - - Take care with abbreviations - - Revise and cheque check - Clear English Tips - - English prefers to be simple, concise and concrete. - - - Use simple words where appropriate. - - - Prefer a verb to an abstract noun - - - Prefer a gerund to an abstract noun - - - Prefer participles to relative clauses - - - And eliminate participles entirely if appropriate. - - - Use the passive voice sparingly - - - Consider replacing negatives with positives - - - Consider short forms and pronouns to avoid repeating full names … - - - Express conditions, including hidden ones, with ‘if’ ... - - - In general, cut out extra verbiage. - - English prefers straightforward syntax - - - Keep the subject close to the beginning of the sentence - - - Avoid splitting up subjects, modals, verbs and direct objects - - - If a sentence is too long, pull information out into separate sentences. - - - Use topic-introducing phrases sparingly. - - English may use different number, articles, gender or words from other languages - - - Keep uncountable nouns in the singular. - - - Use ‘a’ rather than ‘the’ for members of a class. - - - Do not use gender pronouns for entities. - - - Consider alternatives to ‘of’. - - - Finally, avoid ‘false friends’ in translation. - English Style Guide - - Introduction - - Writing English - - - GENERAL - - - SPELLING - - - PUNCTUATION - - - NUMBERS - - - ABBREVIATIONS AND SYMBOLS - - - Acronyms and initialisms - - - Contractions and truncations - - - FOREIGN IMPORTS - - - PARTS OF SPEECH - - - LISTS - - - SCIENCE GUIDE - - - FOOTNOTES, CITATIONS AND REFERENCES - - - CORRESPONDENCE - - - PERSONAL NAMES AND TITLES - - - NAMES OF BODIES - - - GENDER-NEUTRAL LANGUAGE - - About the European Union - - - THE EUROPEAN UNION - - - PRIMARY LEGISLATION - - - SECONDARY LEGISLATION - - - THE EU INSTITUTIONS - - - REFERENCES TO OFFICIAL PUBLICATIONS - - - EU FINANCES - - - MEMBER STATES - - - OFFICIAL LANGUAGES AND CURRENCIES - - - EXTERNAL RELATIONS - - TRANSLITERATION - - - TRANSLITERATION TABLE FOR GREEK - - - TRANSLITERATION TABLE FOR CYRILLIC - - FORMS OF ADDRESS - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - Style Guide for EU Member States - - Austria - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Belgium - - - Geography - - - Judicial bodies - - - Legal instruments - - - Federal structure - - Bulgaria - - - Geography - - - Judicial bodies - - - Legal instruments - - Croatia - - - Geography - - - Regions - - - Judicial bodies - - - Political and administrative structure - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - - Miscellaneous - - Cyprus - - - Geography - - - Judicial bodies - - - Legal instruments - - Czech Republic - - - Geography - - - Judicial bodies - - - Legal instruments - - Denmark - - - Geography - - - Judicial bodies - - - Legal instruments - - Estonia - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Finland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - France - - - Geography - - - Judicial bodies - - - Legal instruments - - Germany - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Greece - - - Geography - - - Judicial bodies - - - Legal instruments - - Hungary - - - Geography - - - Judicial bodies - - - Legal instruments - - Iceland - - - Judicial bodies - - Ireland - - Italy - - - Geography - - - Judicial bodies - - - Legal instruments - - Latvia - - - Geography - - - Judicial bodies - - - Legal instruments - - Lithuania - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Luxembourg - - - Geography - - - Judicial bodies - - - Legal instruments - - Malta - - - Geography - - - Judicial bodies - - - Legal instruments - - Netherlands - - - Geography - - - Judicial bodies - - - Legal instruments - - Poland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Portugal - - - Geography - - - Judicial bodies - - - Legal instruments - - Romania - - - Geography - - - Judicial bodies - - - Legal instruments - - Slovakia - - - Geography - - - Judicial bodies - - - Legal instruments - - Spain - - - Geography - - - Judicial bodies - - - Legal instruments - - Sweden - - - Geography - - - Judicial bodies - - - Legal instruments - - Turkey - - - Judicial bodies - - - Legal instruments - - United Kingdom - - - Geography Quotes References About the author - Nicolae Sfetcu . 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The aim of this research is to examine the public policy influences on academic investigations that contain a substantial convergence among human resource management–industrial relations and corporate social responsibility–stakeholder approach by means of using bibliometric and content analyses of relevant publications in the Scopus and ScienceDirect databases. Totally, 160 publications were subject to bibliometric, cluster, and summative content analyses. In this context, this study claims that public policy in the EU influences academic investigations and scholars. The investigation draws attention to (...) the importance of active participation of different public institutions and key stakeholders (e.g., trade unions, works councils, academic associations) that prepare a basis for collaboration, solidarity, and communication for strengthening EU social model, social dialogue, collective bargaining, and the protection of social rights. The research findings illuminate the fact that European public policies have significant effects on shaping and encouraging investigations that are considered within the scope of IR–HRM and CSR–SA. One of the most crucial recommendations of this study is that the investigations which are out of this framework can be considered quite idealistic. Therefore, researchers may attempt to publish more scientific investigations in frame of IR–HRM and CSR–SA to enhance the comprehensiveness and depth of these two clusters. (shrink)

A guide for translators, about the translation theory, the translation process, interpreting, subtitling, internationalization and localization and computer-assisted translation. A special section is dedicated to the translator's education and associations. The guide include, as annexes, several independent adaptations of the corresponding European Commission works, freely available via the EU Bookshop as PDF. For a “smart”, sensible translation , you should forget not the knowledge acquired at school or university, but the corrective standards. Some people want a translation with the (...) touch of the source version, while another people feel that in a successful version we should not be able to guess the original language. We have to realize that both people have right and wrong, and that their only fault is to present requirement as an absolute truth. Teachers agree at least on this principle: “If a sentence is ambiguous, the translation must also be“. There is another critical, less easy to argue, based on an Italian phrase with particularly strong wording: “Traduttore, traditore“. This critique argues that any translation will betray the author‘s language, spirit, style … because of the choices on all sides. What to sacrifice, clarity or brevity, if the formula in the text is brief and effective, but impossible to translate into so few words with the exact meaning? One could understand this criticism that it encourages us to read “in the text.” It seems obvious that it is impossible to follow this advice into practice. (shrink)

According to the criterion of physical ability any state considers a person as a source of wealth and economic growth, industry and economic sector – as a personification of productive power and profit, and business – as a resource for productive activities and super income. Such a perception of an individual implies the existence of his three constituents, namely: the function of movement, the means of exchange activity, and, finally, the complex of motives to join the interaction environment and the (...) development environment. These constituents also define the motion trajectory of an individual who is involved in the reproductive process, and the result of such a movement expected by the society. At all stages of movement of an individual there are different environments which have leading value for him, such as education, family growth and bringing up, physical training and sport, communication and interaction which develop desire for learning, curiosity, inquisitiveness and other qualities. To trace the emergence of an individual as the product of bringing up, education, and activities, we have to examine the overall situation and the target system environment, which contributes to the development of physical abilities. The systems of physical education and development of physical abilities take the leading part in this environment; more and more people in post industrial society of our planet pay attention to these issues. However, many of the conceptual basics and the position of the perception of these systems and their significance for the individual, who has his own spiritual and cultural values, their role in providing vital activities are not studied enough yet. For example, a person’s entering into the environment of sports activities, which is based on his physical abilities, at any age transfers him into a group of factors of productive forces of the society and an individual becomes a business object. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: (...) equal individual rights, equal sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

The purpose of this article is to define the methods of counteracting the financing of terrorism, as well as the obligations of public and private entities in this regard. The basis for the considerations will be the analysis of EU normative acts, and the leading research method will be the dogmatic method supported by the historical method.

This article considers whether the 2016 EU referendum can be perceived as an English nationalist movement. Specifically, attention is given to examining how memories of the former British Empire were nostalgically enveloped in anxieties regarding England’s location within the devolved UK state. The comments and work of Enoch Powell and George Orwell are used to help explore the link between nostalgia and anxiety in accounts of English nationalism. Despite their opposing political orientations, when considered together, it is argued that both (...) men provide a unique cross-political perspective on Englishness, empire and nostalgia. By way of exploring these themes in relation to the EU referendum, Aughey’s assertion that English nationalism can be perceived as both a ‘mood’ and ‘movement’ is used to highlight how a sense of English anxiety regarding its lack of national sovereignty (mood), as well as a desire to reclaim this sovereignty by renegotiating trade relations with the ‘Anglo-sphere’ (movement), were conjoined in the popular referendum slogan, ‘take back control’. In conclusion, it is argued that the contextualization of the referendum can be predicated upon an orientation to empire that steers away from glorifying pro-imperial images of England/Britain, towards a more positive and progressive appropriation of the EU referendum as a statement of national change and belonging. (shrink)

From the political point of view, European Union (EU) integration implies some kind of unity in the community constituted by EU citizens. Unity is difficult to attain if the diversity of citizens (and their nations) is to be respected. A thick bond that melts members' diversity into a 'European pot' is therefore out of the question. On the other hand, giving up unity altogether makes political integration impossible. Through a meta-theoretical analysis of normative positions, this paper proposes (...) a composed notion of European identity that links without binding. It contains four facets – cultural, political, social, external – with nuances, expressed in three binaries, that cut across all of them – history-project, ethos-achievement, commonness-uncommonness. I will submit that a workable European identity (and the related concepts of unity, polity and citizenship) can be better conceived as analogical – a mid way between blending unity and irreconcilable diversity. (shrink)

Citizenship is the cornerstone of a democratic polity. It has three dimensions: legal, civic and affiliative. Citizens constitute the polity's demos, which often coincides with a nation. European Union (EU) citizenship was introduced to enhance ‘European identity’ (Europeans’ sense of belonging to their political community). Yet such citizenship faces at least two problems. First: Is there a European demos? If so, what is the status of peoples (nations, demoi) in the Member States? The original European (...) project aimed at ‘an ever closer union among the peoples of Europe.’ Second: Citizens are members of a political community; to what kind of polity do EU citizens belong? Does the EU substitute Member States, assume them or coexist alongside them? After an analytical exposition of the demos and telos problems, I will argue for a normative self‐understanding of the EU polity and citizenship, neither in national nor in federal but in analogical terms. (shrink)

Issues including the immigration flows, increased diversity of the society, and alienation of parts of the population are not necessarily new phenomena for the European Union. As an illustration, Frontex, the EU Agency for the Management of Operational Cooperation at the External Borders, was founded in 2004 in the light of the uncontrolled immigration from Africa to control the cooperation between national border guards securing its external borders, or EUROSUR (the European Border Surveillance System) has come to (...) effect since 2013. (shrink)

The article delves into Kazakhstan’s policies vis-à-vis the European Union, focusing on their driving motives and enabling conditions. Drawing upon published papers and, to a lesser degree, primary sources, the author argues that friendship with the EU largely serves the Kazakhstani elite as means of economic modernisation as well regime legitimation, perfectly fitting Kazakhstan’s dominant domestic discourse which portrays the country as Eurasian and its foreign policy—as multi-vector. The study also shows that Astana’s partnership with Brussels is to (...) a large degree possible because the EU holds a simultaneous positive attitude to such partnership regardless Kazakhstan’s authoritarian regime. According to the article, such reflects the great instrumental value collaboration with Astana gives Brussels, the EU’s general inactivity on democracy promotion in Central Asia and Kazakhstan’s looking more pro-European and economically/politically advanced against the background of its post-Soviet and Central Asian autocratic fellows. The paper concludes by reflecting on the configuration of pragmatism and identity in Astana’s approach to the EU and discussing the peculiarities of the bloc’s power over Kazakhstan. (shrink)

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. (...) It examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

The article aims to assess a change in the EU’s soft power in the Western Balkan and Eastern Partnership states in the light of the crises the bloc has undergone in recent years. Generally agreeing with the common argument that the EU’s attractiveness for those countries has decreased, the author challenges the popular wisdom that such a decrease is likely to reverse those states’ pro-EU foreign policy orientations. To prove it, the author applies Joseph Nye’s and Alexander Vuving’s “power currencies” (...) approach to operationalize soft power, considering the bloc’s attraction as a combination of “brilliance” (the actor’s relationship with its work), “benignity” (the actor’s relationship with other actors) and “beauty” (the actor’s relationship with values and ideas). Elaborating on the crises’ influence on each of these currencies, the author shows that their lessening, first, has mainly taken place in absolute rather than relative terms, so the EU’s attractiveness remains strong compared to that of its competitors, and second, it has primarily affected the bloc’s soft power potential rather than its actual behavior towards the target countries. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the (...) EU requires an additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

The European project was aimed from the outset, alongside reconciliation (peace) and economic reconstruction (prosperity), at a degree of political integration too. Political integration has progressed modestly. Not everybody is convinced of its benefits. Besides, the notion of a European polity opens the question about its sources of cohesion. Those sources are more or less evident in the member states – language, history, legal, political and religious traditions, for instance. They give, say, Latvia, Italy or Hungary a certain (...) degree of unity – a national identity. But what ought to be that source of cohesion – or identity – for the European Union (EU) considered as a whole? This paper analyses five normative conceptions about such ‘European identity’ (EI) – cultural, legal, economic, international and cosmopolitan – and suggests that they are not mutually exclusive, but can be combined in a synthetic notion that promises to reflect in a more comprehensive and accurate way the sources of the minimal unity required to hold the EU polity together. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has been (...) limited engagement with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (shrink)

The identity and institutional capabilities of the European Union (EU) have changed over the years. As a global player in international politics, the EU has recognized the need to develop a comprehensive space policy perspective. This perspective is shaped by changes in the dynamics of the space ecosystem, the "New Space", and this phenomenon consists of new business models, new technologies, new markets, new value chains and new actors. New space actors (private investors) have fundamentally changed the dynamics (...) of space activities. The subject of the research is the peculiarities of the influence of investment processes of the EU and Ukraine on the development of space industries. The methodological basis consisted of general scientific and special methods of knowledge, based on a systematic approach to the consideration of economic processes. The article aims to examine investment in the context of space management in the EU and Ukraine, and to examine in detail the trends in such funding of space companies. In order to better understand the European space system. The article concludes that, recognizing the indisputable importance of space applications and safety of space systems, the EU attaches great importance to taking into account the trend of "New Space" in its governance structure and stimulating changes in this sector. Unfortunately, Ukraine lags far behind in this respect. In the EU, in the initial stages of space research and use, space programs are financed from the general budget, and as individual activities reach a level of profitability, their public funding is reduced. Therefore, the sphere of commercial space activities and the share of private investments in their total financing are rapidly growing. The reduction of state expenditures is compensated by investments of private business in commercial projects. Thus, the article emphasizes the particular importance of private investments in the development of the Ukrainian space industry and points to the need to develop the commercialization of space activities, especially given the potential in the absence of budget financing. It is impossible to compare the sufficiently powerful and effective investment system of the EU and the lack of even state financing of the space industry in Ukraine. Against the backdrop of hostilities in Ukraine, there is a significant need to reconsider investments in this area on the basis of public-private and international partnerships. Conclusion. The main tasks for Ukraine are revision and change of the state policy, right accents on investments into the space industry, qualitative overcoming of bureaucratic obstacles, approval of a new Strategy of Space Industry Development. As an example, one could use the experience of the EU and refer to its previous experience in this sphere to have an opportunity to stay among the world space powers. (shrink)

This is review of the book "Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World" by Aravind Ganesh, which discusses the relevance of Immanuel Kant's legal philosophy for the European Union's exercise of extraterritorial jurisdiction. The book explores this issue from the perspectives of public international law and private law theory as well.

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” argument (...) fails to have bite in discussions of the legitimacy and status of the supranational level in the multi-level EU-architecture. These are complemented by another principled reason arising from John Dewey’s conception of the “public” as a clearer alternative for the “popular” requirement of democratic legitimation (IV). I conclude that all three conceptions together suggest that the hunt after pre-politically existing peoples as foundations of democratic legitimacy expresses no more than methodological nationalism without any footing in the material and conceptual requirements of democratic legitimation. Given the absence of a principled problem with the legitimacy of the priority and interference of supranational EU-law in the national legal and political orders, there are thus also no principled reasons to abandon or discredit the European project in the absence of a European nation or society. (shrink)

The euro crisis has hit “Europe” (the European Union, or EU) at its root. Economic harshness, social unrest and political turmoil betray a deeper problem: a weak pan-European sense of belonging — a common political identity thanks to which European citizens may regard each other as equals, and therefore as deserving of recognition, trust, and solidarity. This paper explores interculturalism from an analogical perspective, looking at the harmonious interplay between human rights and cultural plurality, as a (...) possible source of trust and solidarity among European citizens. Only a common — even if analogical — political identity, whereby European citizens regard each other, if not as “siblings” at least as “cousins,” can make the sacrifices required to overcome the crisis meaningful — and therefore less unlikely to happen. (shrink)

Resumen. -/- Premio de artículos jurídicos «GARCÍA GOYENA» (Curso 2013-2014). Tercer accésit El proceso de integración europea, en el que vivimos inmersos, reviste caracteres económicos, sociales, políticos y jurídicos; que dotan de características peculiares a un proyecto de integración cuya naturaleza está en constante discusión, casi tanto como su futuro. Sin duda, uno de los grandes protagonistas del proceso de integración ha sido y es el Tribunal de Justicia de la Unión Europea, sobre todo con la proclamación y consagración de (...) los principios definitorios de la relación entre el ordenamiento comunitario, hoy de la Unión Europea con los ordenamientos nacionales: los principios de eficacia directa y de primacía del Derecho comunitario. Esto lo ha hecho a la vez que desarrollaba su jurisprudencia sobre las libertades económicas fundamentales consagradas en el Tratado de la Comunidad Económica Europea (libre circulación de mercancías, libre prestación de servicios, libre circulación de trabajadores y libre circulación de capitales). Este trabajo tiene por objeto estudiar dicha jurisprudencia, analizando el papel preponderante de la libre circulación de mercancías, así como las perspectivas de futuro tras la entrada en vigor del Tratado de Lisboa. -/- Abstract. -/- The process of European integration, in which we are immersed, has economic, social, political and legal characters giving special characteristics to an integration project whose nature is in constant discussion as its future. Certainly one of the great protagonists of the integration process has been and is the European Court of Justice, especially with the proclamation and consecration of the defining principles of the relationship between Community law, now European Union law, and national law: principles of direct effect and supremacy of EU law. ECJ recognised this principles while it developed its jurisprudence on fundamental economic freedoms recognised in the Treaty establishing the European Economic Community (free movement of goods, freedom to provide services, free movement of workers and free movement of capitals). This work aims to study this case law, analyzing the dominant role of the free movement of goods as well as the future trends after the entry into force of Lisbon Treaty. (shrink)

Support for agricultural producers in the European Union remained uneven, as preferences were given to the most economically stable regions and businesses. Intensive farming methods continued to be used, with consequences for both the environment and animal health. In addition, the applicant countries that joined the European Union had to adopt legislation, i.e. meet the parameters and criteria that exist in the Single Market for agricultural products, namely: to ensure appropriate product quality, update the technical and (...) technological base of production, introduce innovative technologies for growing grain and fattening animals, etc. (shrink)

This paper reflects on lessons learned from a validated model of international collaboration based on research and practice. During the European Year for Active Ageing, a partnership of seven organizations from the European Union plus Turkey implemented the Lifelong Learning Programme partnership “Connecting Generations‘ which involved universities, non-governmental organizations, third age Universities and municipalities in collaboration with local communities. Reckoning that Europe has dramatically changed in its demographic composition and is facing brand new challenges regarding intergenerational and (...) intercultural solidarity, each partner formulated and tested innovative and creative practices that could enhance better collaboration and mutual understanding between youth and senior citizens, toward a more inclusive Europe for all. Several innovative local practices have experimented, attentively systematized and peer-valuated among the partners. On the basis of a shared theoretical framework coherent with EU and Europe and Training 2020 Strategy, an action-research approach was adopted throughout the project in order to understand common features that have been replicated and scaled up since today. (shrink)

This paper presents the history of the Frankfurt School’s inclusion of normative concerns in social science research programs during the period 1930-1955. After examining the relevant methodology, I present a model of how such a program could look today. I argue that such an approach is both valuable to contemporary social science programs and overlooked by current philosophers and social scientists.

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

Throughout the history of mankind, energy security has been always seen as a means of protection from disruptions of essential energy systems. The idea of protection from disorders emerged from the process of securing political and military control over energy resources to set up policies and measures on managing risks that affect all elements of energy systems. The various systems placed in a place to achieve energy security are the driving force towards the energy innovations or emerging trends in the (...) energy sector. Our paper discusses energy security status and innovations in the energy sector in European Union (EU). We analyze the recent up-to-date developments of the energy policy and exploitation of energy sources, as well as scrutinize the channels of energy streaming to the EU countries and the risks associated with this energy import. Moreover, we argue that the shift to the low-carbon production of energy and the massive deployment of renewable energy sources (RES) might become the key issue in ensuring the energy security and independency of the EU from its external energy supplies. Both RES, distributed energy resources (DER) and “green energy” that will be based on the energy efficiency and the shift to the alternative energy supply might change the energy security status quo for the EU. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies (...) that arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

This paper philosophically explores the possible introduction of an alternative analytical approach to European integration. It is an invitation to reflect critically outside the mainstream paradigm. An extensive amount of scientific literature and research papers focuses on the EU, but it is quite easy to get lost amidst this stream of abundant writing. Meanwhile, the EU has been experiencing serious challenges since the previous enlargement, which has led to a broader definition of the “European project.” Numerous discussions have (...) failed to deliver the expected results. It is an interesting paradox that the EU has been proposed globally as a model of peacebuilding in the context of the Nobel Peace Prize 2012. However, since then, no clearly defined model of internal EU integration has been implemented apart from some basic premises. The Monnet method has become formalized within the official framework of the EU, thus justifying top-down institutional engineering, which is contrary to the concept proposed by Jean Monnet. The paper offers a metaphorical reasoning as an intellectual counterbalance to the unreflective application of integrational models, thus enriching analytical and critical discourse. (shrink)

As the euro crisis unfolds, political discourse on both sides of the European Union (EU)’s internal divide—“North” and “South”—becomes ever more exasperated, distant and untranslatable. At the root lies a weak pan-European sense of belonging—a common political identity thanks to which European citizens may regard each other as equals, and therefore as deserving recognition, trust, and solidarity. This paper describes some of the culture-related problems that impact directly on the formation of an eventual political identity for (...) EU citizens. It then suggests that the enacting of an interculturalist paradigm can help untie some of the nuts—political but also cultural—that Europe faces in order to solve the economic crisis. A few remarks are dedicated in the conclusive part to cultural pluralism in Singapore, a key player in any future progress towards the integration of the Asia Pacific Region. (shrink)

The monograph reveals challenging issues of small and medium enterprises development in the European Union and East-Partnership countries. Special attention is paid to a new paradigm of financing investments and fostering innovations at all levels of legal entities including SMEs, enhancing innovative entrepreneurship in conditions of global social and technological challenges as well as determining priority sectors for small and medium enterprises as drivers of economic growth. The authors of the monograph emphasize on such European approaches to (...) financing SMEs as crowd-funding and SME-bonds, analyze experience of applying fiscal instruments to support investment and innovations. The researchers underline the role of social investment as an innovative strategy for European SMEs that could be applied in Ukraine and East-partnership countries, suggest new conceptual approach to the evaluation of innovative business development. They also analyse trends of Ukrainian IT enterprises development in the context of modern information services in a global market. Additional attention is paid to the analysis of SMEs’ entrepreneurial potential in conditions of global social and technological changes, estimation effects of applying electronic governance technologies to provide administrative services by public authorities of various levels of governance. Finally, the researchers disclose economic mentality of legal entities as an informal side of financial assets and substantiate the necessity of creation entrepreneurial universities as drivers of innovative development of economy. The materials of the monograph will be useful to scholars, financial managers of companies, financial analysts, representatives of state bodies who implement the state policy in the field of SMEs development in the East-partnership countries, as well as students of economic universities. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global (...) structures. This is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

Even with Brexit, the European Union will remain a market of more than 450 million people and a prominent promoter of Western values shared by Australia. Given that the EU has been Australia’s largest investor and economic partner for the past 25 years, it is pertinent to reflect on what an EU without Britain might look like.

This paper examines the compliance of universities in the European Union with the UNESCO Recommendation concerning the Status of Higher–Education Teaching Personnel, which deals primarily with protection for academic freedom. The paper briefly surveys the European genesis of the modern research university and academic freedom, before evaluating compliance with the UNESCO recommendation on institutional autonomy, academic freedom, university governance and tenure. Following from this, the paper examines the reasons for the generally low level of compliance with the (...) UNESCO Recommendation within the EU states, and considers how such compliance could be improved. (shrink)

The cultural, economic and political crisis affecting the European Union (EU) today is manifested in the political community’s lack of enthusiasm and cohesion. An effort to reverse this situation – foster ‘EU identity’ – was the creation of EU citizenship. Citizen- ship implies a people and a polity. But EU citizens already belong to national polities. Should EU citizenship override national citizenship or coexist with it? Postnationalists like Habermas have suggested EU citizenship can overcome nationalisms, grounding political belonging (...) on the body of laws that members of the post- national polity generate in the public sphere. Cosmopolitan communitarianists like Bellamy, by contrast, think that EU citizens should form a mixed commonwealth, with political belonging based on national citizenship. I will argue in favour of the second option, and submit an analogical reading of the ensuing ideas of citizenship, identity and polity. Cosmopolitan communitarianist EU citizenship promises to better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity in a ‘mixed’ polity. Its main challenge is how to keep the diverse, mixed polity together. (shrink)

At a moment when a new crisis threatens Europe—a crisis containing, among other ingredients, COVID-19, a faltering economy, immigration and Brexit—the European Union (EU)’s motto ‘Europe united in diversity’ would appear progressively less attainable. This paper submits that the European ideal is still both desirable and possible through the fostering of political unity at the constitutional (regime) level by using the notions of analogical state and analogical culture, and at the community level by the enablement of public (...) sphere secularity and relational interculturalism. These concepts share the intuition that the EU should be envisaged in a more flexible manner, and carry several policy implications for the future of European integration. (shrink)

In the present work, we propose to analyse the category of consumer and how this individual status is being conditioned by European Union (EU) law. After a brief reference to the methodology used, the analysis begins with a consideration about the foundations of consumer protection in EU law and how it developed from an instrument to develop the EU internal market to a relevant one to define the EuroStatus of EU citizens and residents as consumers and players in (...) the market under modern EU law. We will consider consumer protection configuration, the notion of consumer, and the development of a consumer legal framework in the EU, with references to national legislation that can reinforce consumer status. We also consider the European Court of Justice (ECJ) case law, not only regarding its important role in the definition of the notion of a consumer but also in the development of a consumer constitutional procedural for EuroStatus, consolidating the consumer position in the national judicial process. (shrink)

The increasing number of residents and citizens with non-Western cultural backgrounds in the European Union (EU) has prompted the question of whether EU member states (and other Western democracies) can accommodate the newcomers and maintain their free polities (‘liberal democracies’). The answer depends on how important – if at all – cultural groundings are to democratic polities. The analysis of a fascinating Habermas-Ratzinger debate on the ‘pre-political moral foundations of the free-state’ suggests that while legitimacy originates on the (...) will of the citizens that conform the political community, liberal democracies might not be completely free from moral principles implicit in their political culture. This possibility has normative implications for the political future of the EU - and of the West in general - particularly regarding immigration, integration and citizenship policies. (shrink)

The COVID-19 crisis has highlighted the considerable challenge of sourcing expertise and determining which experts to trust. Dissonant information fostered controversy in public discourse and encouraged an appeal to a wide range of social indicators of trustworthiness in order to decide whom to trust. We analyze public discourse on expertise by examining how social indicators inform the reputation of Dr. Didier Raoult, the French microbiologist who rose to international prominence as an early advocate for using hydroxychloroquine to treat COVID-19. To (...) comprehend how these indicators came to inform his reputation, we outline Dr. Raoult's rise to fame based on discourse about hydroxychloroquine. We then discuss why we trust in experts like scientist-practitioners. This is followed by an examination of how social indicators of trust like status, epistemic authority, influence and values have informed Dr. Raoult's reputation. We conclude with recommendations for how to improve the selection and evaluation social indicators of trust and reputations. Our aim here, instead of making a claim about the efficacy of hydroxychloroquine or Dr. Raoult's reputation per se, is to outline through this case study how social indicators of trust inform reputation and the challenge they present to evaluating expertise. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, (...) marked by the European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

At a moment when a new crisis threatens Europe—a crisis including, among other factors, COVID-19, a faltering economy, immigration and Brexit—the European Union (EU) motto of ‘Europe united in diversity’ would appear progressively less attainable. This paper submits that the European ideal is still both desirable and possible through fostering of political unity at the constitutional (regime) level by using the notions of analogical state and analogical culture, and at the community level by enabling public sphere secularity (...) and relational interculturalism. These concepts envisage the EU in a more flexible manner, in favour of policies enabling further European integration. (shrink)

In the case of introduction of visa-free regime between Ukraine and the European Union (EU) there will arise a problem of matching throughput capacity of the Ukrainian checkpoints to the quantity of people who would want to cross the border. The absence of need for obtaining a visa does not eliminate compulsory customs and border control, but it potentially increases the number of people who intend to cross the border. A growing number of border crossings in case of (...) their mismatch with the criteria for checkpoints are a potential non-tariff restricting barrier in international trade. A threat to the image of the country from the occurrence of such a tool of non-tariff regulation indicates relevance of present study. -/- The aim of the work was to study the dynamics of actual and potentially possible border crossings and to define directions for the optimization of procedures of such a crossing to eliminate negative impact of this non-tariff instrument of regulating international trade on the overall image of the country. -/- We analyzed the peculiarities of crossing the border between Ukraine and the EU through automobile crossing points based on quantitative data regarding crossing the Ukrainian–Polish border. The goals and structure of movement across the border by frequency are clarified. We defined criteria for increase in the discrepancy between actual and nominal throughput capacities of the Ukrainian checkpoints. -/- The scientific novelty of present research is establishing the nature of quantitative effect from restricting the crossing of border on the image of the country with the help of world rankings. -/- A practical significance of the study is to identify ways to improve a procedure for crossing the border: 1) by combining Polish and Ukrainian infrastructure of control at checkpoints; 2) by creating separate lined for crossing the border by persons without transportation vehicles; 3) by simplifying a procedure of control at the border both by checking only by border staff and by increasing the value of goods that a citizen can bring into country; 4) by financing technical equipment for crossing points and their infrastructure by introducing a targeted general tax for persons who cross the border; 5) by compiling open and regular statistics of border crossing. -/- A promising direction for further research is the economic substantiation of appropriateness of the proposed ways to improve the throughput capacities of checkpoints. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...) The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

The paper argues that while the Serbian society and political elite are known for treating their country’s accession to the EU in terms of pragmatic utility maximisation, they generally conceive of Serbian relations with Russia, contrariwise, as an identity-laden issue. To prove it, the author analyses Serbia’s behaviour toward Russia along the features of emotion-driven cooperation, found in the literature on identity and emotions in foreign policy. In particular, the paper focuses on Serbians’ especially strong friendliness vis-à-vis Russia, the parallel (...) existence of the Other (the West) in their identity and the particularly strong intensity of their attraction to Russia during Serbia-West conflicts, the reinforcement of their affection to Russia by national traumas, the endurance of the affection’s strength despite conflicting rational interests and negative experiences in bilateral interaction, the frequent occurrence of references to Russia in Serbia’s domestic discourse and decisional justifications and a large use of historical analogies concerning Russia. Finally, the author ponders over the implications of the existent configuration of emotional and pragmatic forces in Serbian politics for the country’s current and future conduct toward Russia and the EU. (shrink)