Notes and Discussions European Identity and National Characteristics in the Historia philosophica of the Seventeenth and Eighteenth Centuries Philosophy proper commences in the West. It is in the West that this freedom of self- consciousness first comes forth; the natural consciousness, and likewise Mind disap- pear into themselves. In the brightness of the East the individual disappears; the fight first becomes in the West the flash of thought which strikes within itself, and from thence creates its world out (...) of itself. For Hegel, in whose time the West still coincided with Europe, philosophy was a profoundly European phenomenon. However, in its definable rise and development in Greece, it was connected with a particular political, social, and spiritual organization or rather with a "people" or "nation" , and it is to this category that Hegel referred again in his exposition of "Recent German Philosophy": In the philosophy of Kant, Fichte, and Schelling, the revolution to which in Germany mind has in these latter days advanced, was formally thought out and expressed; the sequence of these philosophies shows the course which thought has taken. In this great epoch of the world's history.., two nations only have played a part, the German and the French, and this in spite of their absolute opposition, or rather because they are so opposite. The other nations have taken no real inward part in the same .... * Hegel's Lectures on the History of.. (shrink)

Modern medicine provides unprecedented opportunities in diagnostics and treatment. However, in some situations at the end of a patient’s life, many physicians refrain from using all possible measures to prolong life. We studied the incidence of different types of treatment withheld or withdrawn in 6 European countries and analyzed the main background characteristics.

Starting from the presupposition that European democracy is necessary to the survival and development of the European Union, the author deals with the process which may entail a European constitution, and discusses the elements of the present legal structure of the EU which are conducive to a European Democracy. In particular, the author focuses on the incomplete, polycentric, and dynamic character of a possible EC/EU constitution, and on the duality of its legitimating principle. This claim is (...) that these characteristics necessitate some institutional modifications of democratic principles if compared with national democracy, and that Euro‐democracy is possible if we do not simply apply the standards of democracy valid for Member States, but succeed in developing criteria which are adequate to the institutional qualities of the EC/EU. Finally, the author maintains the legal character of the regulatory power of the Community, and invokes the mutual legal bonds linking the Member States and their peoples as the source of the Community. (shrink)

This volume asks which national histories underpinned which national identity constructions in almost every nation state in Europe during the nineteenth and twentieth centuries. It explores the construction of national identities through history writing and analyses their interrelationship with histories of ethnicity/race, class and religion.

During the last three decades, Europe has undergone numerous periods of economic and political instability. The process of European integration, once hailed as a beacon of a peaceful co-operation between many, if not all, European nations appears to be stagnating, giving rise to notoriously more frequent manifestations of xenophobic violence, nationalism and right-wing fundamentalism. This book evaluates the portrayal of the migrant Other in selected examples of contemporary French and German cinema from the period 1989-2020 in the context (...) of the ongoing debate about European identity and its socio-political significance. It focuses on the films of some of Europe's most prolific contemporary filmmakers, such as Michael Haneke, Claire Denis and Fatih Akin. It examines cinema's importance not only in reference to various theoretical evaluations of the concept of European identity, but also many notable events that have taken place in Europe in the last thirty years, such as the collapse of the 'Iron Curtain' in 1989, the historical expansion of the European Union in 2004, the migration 'crisis' of 2015, 'Brexit' and the war in Ukraine. (shrink)

This article presents an analytical overview of the critical modernisation features of Socialism with Chinese characteristics doctrine in the new era, which was proposed at the 20th National Congress of the Communist Party of China. The authors reconstructed and systematically represented the central philosophical and political principles of the doctrine of Socialism with Chinese characteristics in the context of the fundamental principles of Chinese Marxism. The authors also analysed and presented in a systematic form the essence and basic theoretical (...) principles of the concept of Socialism with Chinese characteristics following Xi Jinping's works and reports. The study includes a comparative analysis that concludes with the critical features of the modern concept of socialism with Chinese characteristics. These features embrace the need for constant modernisation of the very doctrine of socialism with Chinese characteristics, the state management system, as well as social and cultural practices, which are possible through the implementation of innovations and the integration of modern philosophical thought with traditional Chinese philosophy and culture. The article concludes that the main feature of the modernisation of Socialism with Chinese characteristics at the current stage reveals in the development and implementation of a system of creative practices at the level of everyday culture, high-tech sectors of social production and the practice of intercultural communication within the framework of China's Belt and Road Initiative. In the discussion, the authors argue that implementing creative practices and creative industries could become an effective tool for developing China's Belt and Road Initiative in European countries and improving mutual understanding in the intercultural communication practices between China, European countries, and Ukraine. (shrink)

European citizenship is a nested membership in a multilevel polity that operates at member state and union levels. A normative theory of supranational citizenship will necessarily be informed by the EU as the only present case and will be addressed to the EU in most of its prescriptions, but should still develop a model sufficiently general to potentially apply to other regional unions as well. The Article first describes three basic characteristics of such a polity — democratic representation at (...) the supranational level, internal freedom of movement between member states, and regional limits to external geographic expansion — and argues that a multiplication of such regional unions would contribute to a more just and peaceful international order. Building on this modification of Kant’s model for a global confederation of republics, the contribution explores three alternative approaches for strengthening democratic citizenship in the European Union: a statist approach that aims at transforming the EU into a federal state, a unionist approach whose goal is to strengthen union citizenship vis-a`-vis member state nationality, and a pluralist one that specifies citizenship norms for each level and balances them with each other on the basis of the current state of federal integration. These approaches are then compared with regard to their implications for three policy questions: general status differences and inequality of rights amongst EU citizens living in their country of nationality, EU citizens residing in other member states, third-country nationals, and EU citizens residing outside the territory of the Union; voting rights in European, national, and local elections; and access to Union citizenship and to member state nationality. (shrink)

Notwithstanding the advantages of physical power, the struggle for survival among societies is not merely a matter of serial armed clashes but of the nation's spiritual resources that in the end always decide upon the victory.

In many European countries the question of cultural identity has gained special importance due to the increase of globalization, the position of the United States, and the European unification. How can political leaders deal with these developments without alienating their people? In what ways do they express national identity in popular communication? Is nationalism a characteristic of their rhetoric? These questions are asked in regard to thirty-six New Year's speeches held by the last five French presidents. By (...) answering these questions we will develop a perspective on the concepts of national identity and nationalism. Discourse analysis shows a typical discourse for every president, in which nationalist rhetoric appears to play a role. Above all, differences between three structures of significance, or frames, are distinguished, which can be described as ‘sense of belonging’ or ‘paternal protection’, ‘the myth of French values’, and ‘the significant other’. (shrink)

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity (...) into the private law through national social constitutions like Civil Codes has been far less successful.legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism. (shrink)

The application of the latest technologies in biology and medicine has brought them to a qualitatively new level of possibilities. Worldwide, biobanking is actively developing through the creation of biobanks of various types and purposes, whose resources are used to solve therapeutic or scientific problems. Legal science remains an open question concerning the boundary that runs between the right to data protection and the scope of disclosure of data needed for medical purposes. In this article, the author considers peculiarities of (...) data processing in the context of biobanking activity on the example of Austria and its national legislation. In addition, the article reveals features of the approaches of the European Court of Human Rights (ECtHR) and the Council of Europe to the issue of biobanking in general, its characteristics in the context of data, and legal regulation of this phenomenon in the national law of states. The author devoted an important part of the study to the role of Austria’s experience in the context of data processing for scientific purposes and the development of biobanking for a number of other European states. The aim of the article is to analyze the Austrian legislation on data processing for scientific research and biobanking, the attitude of the Council of Europe to this phenomenon, and the practice of the ECtHR, as well as to consider the impact of the current world situation on these activities. The leading method of research used in the article is the formal-legal method. The article analyzes the Austrian law in the context of data processing in medical research, the relationship of the specifics of personal data protection, and the need to disclose them for scientific purposes. The author pays special attention to the influence of Austrian law on the legislation of other countries, which is reflected in the conclusions to the article. In addition, based on an analysis of the application of the Austrian experience to the legislation of Poland and Ukraine, the author points out the necessary changes that should be made in the laws of these countries. (shrink)

This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other (...) hand. In addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

Purpose. This article clarifies the significance of the person’s social self-identification as a basis for civilization and institutional explanation of national self-identification in Ukraine. Theoretical basis. The authors found that the analysis of the cultural and anthropological principles of national self-identity reveals two main opposed concepts: the concept of "eastern" cultural and social self-identity of Ukraine, which correlates with the metaphor of the split between "East" and "West", and the concept of "western" projection of the European future (...) of Ukraine, which correlates with the metaphor of the bridge between "East" and "West". These concepts reflect the options for the citizens of Ukraine to make a personal choice of the way in achieving social self-identity. Douglas North’s concept of "open-access order" states and "limited access order" states can be used as a basis for an alternative, pragmatic approach to choice the criteria of national self-identity. Originality. National self-identification is a result of the choice of the person’s self-identification: still the person takes into account the history of the nation, the ethnic diversity of the nation, its cultural and civilizational characteristics. The philosophical-anthropological approach contributes to the demystification of the grounds of social self-identification, revealing the decisive role of the personal choice in shaping the new institutional foundations of national self-identity. Harmonization of the social institutions of Ukraine with the institutions of the European Union and the international community institutions opens wide opportunities for Ukraine’s successful integration into the "open-access order" societies. The clarification of the value and symbolic aspects of national self-identity in Ukraine contributes to the successful functioning of these institutions. Multilingualism is an adequate response to the global challenge of the reconstruction of Ukraine’s national self-identity. The education system is a key area for introducing multilingualism. Conclusions. The development, justification and systematization of cultural and institutional criteria for choosing the best ways to strengthen of national self-identity in Ukraine are a prerequisite for the successful self-identification of Ukrainian citizens in a complex and ever-changing global world. (shrink)

For some years now, Jürgen Habermas, possibly the most influential European philosopher of today, has been producing a growing number of publications on world politics. In the historical context of the collapse of bipolarity and the advent of the triad, along with the punitive wars in the Gulf and Yugoslavia, he is very far from being alone: Jacques Derrida and Noberto Bobbio,Michael Walzer and John Rawls, to name only the most forceful, have also been thinking out loud about the (...) new political configurations beyond the nation-state. The characteristic feature of Habermas’s thought is to perceive a radically new historical configuration, which he calls a‘post-national constellation’ and which would justify the development of a new political project, as a transition to a new cosmopolitan law. In what follows, I examine the precise modalities that are supposed to transform his philosophical design into political and legal arrangements, attempting to dissect the Habermasian vision of a post-Cold War politics better adapted to the challenges of the new century, and to throw light on the ideology behind it, as a prolegomenon to the larger project Habermas invites us to undertake. (shrink)

He work of the Russian nationwide conference ‘National identity through language and literature. Characteristics of conceptoshere of national culture‘ is analyzed in the article. Previous theoretical sources on the issue in question are summarized. The matters represented in the considered scientific forum are generalized. Diachronic analysis of national cultural consciousness as well as complex cognitive-based approach are used to investigate the issue. Special attention is paid to the study of linguistic world-image as exemplified in fiction, folklore, religious (...) texts, business papers, scholarly works and media texts, as well as to the research of intercultural communication in the era of multiculturalism and globalization. As long as terms ‘cultural code‘, ‘national code‘, and ‘fictional code‘ are not precisely defined, the problem of terminological field was noted, as well as the issue of linguo-cognitive interpretation of methods for representing country image in linguistic consciousness. The attention was paid to Russian as a foreign language, to perception and transforming of European cultural codes by American and western European writers in synchronous and diachronic ways. Geopolitical factor of North and South that matters both in global and local context was noted, particularly the issue of German distinction of the modern European mindset was reviewed. Lots of speaker papers mirrored interdisciplinary links that is of importance for contemporary scholarship in the context of globalization and multicultural society. Up-to-date schools of thought in the field of linguistics, literary studies and journalism were represented. (shrink)

This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels of full (...) or partial harmonization of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. (shrink)

B a c k g r o u n d. According to the genre characteristics, the article is a form of publicizing analytical conclusions from the experience of research in the field of the philosophical Chinese studies at the National Academy of Sciences of Ukraine from 1991 to the present day. The material for understanding was supplied from the environment of scientific professional activity of prominent figures of Ukrainian philosophical Sinology from the H. Skovoroda Institute of Philosophy of the (...) NAS of Ukraine and the A. Krymskyi Institute of Oriental Studies of the NAS of Ukraine. The scientific achievements of academic Sinologists, who are leading researchers of Chinese philosophical education, science and culture from the archaic to modern times, are highlighted. They are, namely: V. Kiktenko, V. Pyrohiv, V. Hamianin, S. Kapranov, Y. Hobova and A. Usyk. M e t h o d s. The article uses an analytical approach based on the study of historical and philosophical sources. The methodological basis of the research is the main methods of historical and philosophical science: problem-categorical analysis, socio-cultural analysis and biographical analysis. At the same time, the methods of situational and contextual analysis of scientific texts are applied. R e s u l t s. Four conditional thematic vectors of the progress of academic philosophical Sinology in modern Ukraine are classified, namely the study of: 1. the history of ancient Chinese philosophy, especially Confucianism; 2. the history of Chinese philosophy in the 19th – early 21st centuries; 3) the history of Ukrainian Sinology in the 18th – early 21st centuries; 4. the history of modern foreign Sinology. The director of the A. Krymskyi Institute of Oriental Studies of the NAS of Ukraine and the head of the Ukrainian Association of Sinologists V. Kiktenko very effectively studies all these vectors, especially the last three of them. His colleagues at the institute V. Pyrohiv, V. Hamianin and Y. Hobova mainly research the first of these vectors, and primarily the history of Confucianism. Employees of the H. Skovoroda Institute of Philosophy of the NAS of Ukraine S. Kapranov and A. Usyk are also focused scientific attention on the history of Confucianism, in particular, the second of them studies social ethics and anthropology of Confucius. C o n c l u s i o n s. As a result it was established that modern domestic philosophical academic Sinology is a qualitatively new and innovative direction of Oriental studies in independent Ukraine. This discipline was formed as a result of the two-century progress of Ukrainian Chinese studies from the era of Hetmanshina until now. V. Kiktenko and his colleagues have made a significant and already internationally recognized contribution to the study of both the classical philosophical schools of Ancient China and their ideological heirs, in particular, the leaders of the PRC and the CCP from Deng Xiaoping to Xi Jinping during these thirty years. V. Kiktenko also laid the foundations for the study both of the history of Ukrainian Chinese studies and of modern foreign, primarily Western European and North American, Sinology. (shrink)

The ongoing refugee crisis is described as the most important concern since the Second World War, which has caused a great displacement of people. Many of these immigrants have been departing towards Mediterranean countries, as first-line states, seeking for a chance to enter Europe. This situation has created a challenging condition for many refugee accepting cities as well as for the migrants to get integrated within the new society. This fact has had a great influence on the sustainability condition while (...) the rapid and uncontrolled inflows can overwhelm the host countries' capacities to integrate new arrivals. In this regard, some European countries including Germany and Italy are coming about with strategies for accommodation and integration of these refugees in their countries. This paper aims to study and analyze two of the current case studies reflecting adaptive reuse strategies in European context for providing refugees' temporary housing facilities. In the context of this research, using the existing building stock introduced as the dominant strategy which can provide refugees with a proper shelter and also while providing the chance for their urban integration can contribute to revitalization of urban areas with the newcomers' participation. By analyzing the Berlin's largest refugee shelter inside Tempelhof Airport as the first case study, the major policies in Germany for providing refugee housing in national and local levels have been investigated. However, the second case study -Ex-Moi in Turin, is characteristically different from the case of Tempelhof airport of Berlin; since the refugees occupied the abandoned facility of the Olympic Village and settled down there. Regarding the fact that there is an urgent need for long-term policies and sustainable approaches to cope with the current refugee crisis, this research tries to shed a light on the path towards providing temporary housings by analyzing the challenges and opportunities of two different current case studies in Germany and Italy. (shrink)

In 1902, eight northern European nations formed the International Council for the Exploration of the Sea (ICES). A turn-of-the-century international movement created opportunities, funding, and political support for marine science. This paper uses ICES as a lens for examining international cooperation, and shows how its sponsors benefited from the intersection of internationalist ideals, national interest, and the characteristics of the marine environment. Marine science is then compared to other field sciences to explore how these three factors promoted internationalism (...) in science more generally. (shrink)

The object of the study is the process of globalization, the subject of the study is its impact on the structure of the art market and national artistic cultures. Based on the idea of a dialogical cultural model, which was adhered to by V. Bybler and M. Bakhtin, the author justifies the use of the term "dialogue of cultures" to characterize the processes taking place in the space of the modern art market. Special attention in the study is paid (...) to the analysis of its structural transformations: according to the author, inclusivity, which primarily consists in the decentralization of the internal structure of the art market, is a key characteristic that allows to periodize its development into classical and modern stages. A special contribution of the author of the study is an in-depth analysis of exhibition projects: "Magicians of the Earth" by J.-Y. Martin, as well as "Cities in Motion" by H.-W. Obrist and H. Hanru. It is established how these projects aroused the interest of Western collectors in the exotic and changed the share of representation in the art market of non-European art. The main conclusion is that the process of globalization of the art market acutely poses the problem of deformation of the perception of cultural heritage: the appeal of the Western world to traditional cultures in the forms of cultural and art tourism leads to fragmentation and differentiation of once integral national artistic cultures. (shrink)

The essence of Marxist philosophy is a philosophical criticism of society, and its development is driven by its philosophical criticism of social phenomena. Examining and criticizing music from a philosophical perspective can provide us with a brand new theoretical framework for music philosophy, exploring and applying new philosophical theories to analyze the fusion of ethnic elements in modern music composition, thereby expanding the philosophical field of music. This paper first introduces the concept and development of Marx's philosophy and philosophical view (...) of music, then analyzes the characteristics and current situation of the fusion of ethnic elements in modern music composition and discusses the criticality and practicality of the fusion of ethnic elements in modern music composition under the perspective of Marx's philosophical view. Finally, it is pointed out that the fusion of ethnic elements in modern music composition has the philosophical basis of combining formal analysis with meaning interpretation, technical rationality with musical aesthetics, and intersubjectivity. From the perspective of Marxist philosophy, exploring the philosophical foundation of the combination of modern music composition and ethnic factors helps to deeply analyze the philosophical connotations of modern music composition and ethnic elements, seek dialogue and understanding between modern music and ethnic elements, and reshape human sensory understanding. (shrink)

The European Union’s increasing attention to social and cultural matters has been expressed through the notions of European citizenship and identity which are to be developed among children, adolescents and adults. Whether, and if so, how, children perceive a European identity to coexist with national identities is a challenging and relatively under‐studied question. This paper presents part of the findings of a study conducted in December 2000 which explored the ways in which 140 10‐year‐old Greek‐Cypriot pupils (...) constructed their national and European identities. Results indicated that, despite positive attitudes towards Europe, pupils attributed little significance to the European identity, whereas national identities were extremely important. The discourse developed revealed essentialist and a‐historical representations of national identity, and an instrumentalist approach to Europe. Social psychological insights from self‐categorization theory are employed to explore whether the two identities were construed as in the same or different typical levels of abstraction. These findings are discussed within the broader socio‐political context of Cyprus and European integration. (shrink)

The division of literature by language and nation has become so common that it seems to be obvious and natural. But it is not so, and moreover this not even a very old practice. But the national literary histories, apart from their political-cultural aims, are without justification since the history of literature in its themes, subjects and forms has rarely been confined to one nation. Quite large cultural areas exist, bound by space and time, in which literary phenomena are (...) inextricably linked. This essay therefore proposes a coherent and unified treatment of the literary traditions of Eastern and Western Europe. (shrink)

The past twenty-five years have seen an explosion of interest in nationalism and nationality in the social sciences - the past ten also in cultural studies. These two disciplinary areas define their objects of study differently, but both have recently started to converge in the pervasive use of the term `national identity', which in turn relies on the term `cultural identity'. Although theoretical complications entailed by the use of `identity' as a concept have been noted, the theorization of identity (...) as culture has occurred almost by default, with the term `culture' merely designating what needs to be explained, and the inherent circularity of `cultural identity' as a category remaining unaddressed. The two approaches differ in their understanding of the crucial categories of `culture' and `politics' in their accounts of nation and national identity. Cultural studies accounts focus on politics in terms of cultural politics, and thus fail to take on board important aspects of the social science accounts which they take as standard reference points. Both approaches ultimately rely upon `culture' as an all-inclusive category of social subjectivity, which remains undertheorized in both approaches, albeit in significantly contrasting ways. The place of culture in recent work on European identity functions differently, and provides a useful counterpoint to these difficulties. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule (...) of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity (...) can be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered. (shrink)

This study analyzed the national data on life-sustaining treatment decisions from 2018 to 2020 to find out the characteristics of South Korea’s end-of-life procedure according to the decision-making approach and process. We collected the data of 84,422 patients registered with the National Agency for Management of Life-sustaining Treatment. We divided the patients into four groups (G1, G2, G3, and G4) according to the decision-making approach. A descriptive analysis of each group was conducted using indicators such as the patient’s (...) age, status, diagnosis, and content of forgoing life-sustaining treatment. Additionally, logistic regression analysis was performed by dividing the patients into self-determining (G1, G2) and non-self-determining patients (G3, G4). Cancer was the most common diagnosis for each group. The period from life-sustaining treatment decision to implementation was 10.76, 1.01, 0.86, and 1.19 days for G1, G2, G3, and G4, respectively. In the logistic regression analysis, the self-determination ratio was higher for 40–49 years old and lower for cardiovascular disease and gastrointestinal disease. Age was has a major impact on life-sustaining treatment decisions (LSTD), and with increase in age, the family, and not the patient, made the LSTD. The LSTD method also differed depending on the disease. The self-determination rates of patients with circulatory or digestive diseases were somewhat lower than that of those with neoplastic diseases. The period from decision-making to implementation is short for end-of-life care. (shrink)

This paper examines the causes of prominent radical political options and behaviors that are already visible on a daily basis in the European Union. In public discourse there is a simplified belief that the primarily responsibility for this lies with the immigrants and fear caused by terrorist attacks carried out in Europe or the old European latent nationalism. Although these elements undoubtedly contribute to the development of radicalism, the author argues that the key sources for this issue should (...) be found in the difficulties encountered by the European national welfare states. This is the source of ever-greater mutual intolerance among the citizens of the European Union, which can take on various forms of political, cultural, ideological and physical conflict. On the basis of these arguments the author concludes that the European Union is indeed in a historic milestone but the real danger of the European Union?s disintegration is not primarily in cultural, civilization, confessional, security or geopolitical sources, but this source should first be sought through the prism of the European national social states and the expectations of citizens referring to them. nema. (shrink)

The paper is an interpretation of J.-J.Rousseau’s book on the government of Poland. The central part of the paper is devoted to complex relations between the notions of nature, nation, childhood, and civic education. Methodologically, the analysis involves interpretation of historical contexts and positions significant in the writing of the book, and deconstruction of its key categories. In the latter respect, the idea of “strangeness” of Poland is the point of departure, and the role it plays in the construction of (...) national and European identity is the aim of analysis. (shrink)

The Eurozone Crisis is not just a monetary and economic challenge. It is as well the first tremendous challenge of the European Community and as well the national institutions and constitutions of the member states not only within the Eurozone. On one side the European Commission, the European Parliament and the ECB with its endeavours to safeguard and stabilize the single currency EURO within the Eurozone, to support the suffering countries in the south with its struggle (...) against speculative hedge funds, to render financial relief measures to those countries and its financial industry. Irrespective the fact governments and citizens within that countries, less appear to appreciate or honor that measures as efficient help to stabilize but condemn as form of European paternalism and patronage. On the other hand the countries and its citizenship especially in the north of the Eurozone to set a stop sign to the EU and the ECB. Therefore they stress the Maastricht criteria and cite the Art 125 of the TEU, which prohibits one nation to stand for or to be liable for the Government debts of another nation. Especially in the German perspective the demarcation line appears to run along between the European Commission, European Central Bank and European Court on the European side and the Bundesverfassungsgericht, the Bundesbank on the national German side. Each of the institutions feels to be bound to its origin functions and principles and save the respective constitution and the task rendered by that constitution. For a better understanding it is essential to get aware of and to reinforce the constitutional role which the Grundgesetz awarded to the Bundesverfassungsgericht and the Bundesbank and the German citizenship placing their confidence in these institutions. Es soll konkret das Verhältnis zur Nichtbeistandsklausel No-Bail-out Klausel Art 125 AEUVertrag, den Europäischen Fiskalpakt / dem ESFS, ESM / dem OMT-Programm der EZB, möglichen Entwicklung des EU zur Haftungs- und Transferunion mit einem zukünftigen Haftungsautomatismus der Mitglieder, der Unterscheidung von gemeinsamer Währungspolitik und nationaler Wirtschaftspolitik, der drohenden Vergemeinschaftung von Staatsschulden einzelner EU-Länder, die Budgethoheit des nationalen Parlaments als freie Entscheidung über die Verwendung des nationalen Haushaltes untersucht werden. Mit allen diesen Fragen mussten sich das höchste Deutsche und Europäische Gericht in jüngster Vergangenheit intensiv beschäftigen. (shrink)

Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity (...) can be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered. (shrink)

This paper explores “the peopling of Europe through data practices” in relation to standardized testing of students in Denmark. Programme for International Student Assessment is a central component of Danish and European education infrastructures. In Denmark, mediocre PISA results spurred the introduction of national testing. With inspiration from Michel Foucault’s notion of biopolitics, this paper analyzes how complementary Danish national test assessment scales make up population objects and student subjects and how these scales are aligned with (...) class='Hi'>European and transnational standards. A norm scale, standardized against the European Credit Transfer System grading scale, enacts a population whose performance can be tracked over time. A criteria scale introduces categories describing skills and enacts a moving student subject whose progression can be tracked. This paper argues that the three assessment scales enact the student population as bound to the nation and as simultaneously constituted in relation to transnational European categories and imaginaries of competition. As part of this, this paper discusses how the national test and PISA are used to single out students of non-European background, anticipated to be low PISA achievers and nonparticipants in a European knowledge economy. (shrink)

The “global success” of nation states is currently brought into play by the new requirements of multicultural differentiation and globalization. After commenting on the common concepts of “state” and “nation” and discussing the formation of nation states, the author explains the particular achievement of the national state and the tension between republicanism and nationalism built into it. The challenges that arise from the multicultural differentiation of civil society and from trends towards globalization throw light on the limitations of this (...) historical type. (shrink)

(1996). European union and the nation‐state: The politics of hope encounters the politics of experience. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 710-719.

(1981). Differing national orientations toward the future: A comparative examination of societal characteristics and public opinion∗. World Futures: Vol. 17, No. 3-4, pp. 157-194.

The purpose of the present contribution is to explore how the ECJ seeks to respect the principles underpinning national welfare systems, notably social solidarity, whilst ensuring that Member States comply with the substantive law of the European Union, in particular with the Treaty provisions on the fundamental freedoms and EU citizenship. It is submitted that in order to reconcile those two interests the ECJ has taken the view that nationals of the host Member State must show a certain (...) degree of financial solidarity with the nationals of other Member States who have established a ‘genuine or real link’ with the society of that State. With a view to establishing the existence of such a link, national authorities of the host Member State must engage in a case-by-case assessment of the personal circumstances of the EU citizen claiming social benefits. However, Förster is an important exception to the individual application of the ‘genuine or real link’ test. Although Förster does not overrule Bidar as a matter of principle, it exempts the host Member State from examining the personal situation of economically inactive students who apply for maintenance grants or student loans but have not yet completed a five-year period of residence. (shrink)

This paper discusses the paradigms of European history and of European civilisation defined in the main histories of Europe written from the Enlightenment to Guizot.Voltaire, Robertson, Gibbon, and Guizot consolidated a model of the history of Europe which has its origins in the fall of the western Roman Empire and the invasions of the Barbarians. The other main steps of this history were the Christianisation, the creation of a vital economic centre in western and northern Europe, the development (...) of the cities, the rediscovery of Roman law, the creation of a complex system of states, the colonial expansion and again the birth of a society of “good manners”.A common civilisation which did not ignore the differences which existed between one country and another – the “national characters”, discussed by David Hume in 1748. Instead the different national characters – the variety of Europe as Guizot wrote – represented an important element of the European civilisation. (shrink)

European integration questions the relationship between nation and state. It under-mines traditional sovereignty and weakens the need for statehood. Minority nationalist movements have in many cases adopted the European theme, adjusting their ideology and strategy accordingly. Some have used “new regionalist” themes to construct new systems of action below and beyond the state. Europe provides opportunities for territorial movements and grants some minority protections. There are differences between Western Europe and Central and Eastern Europe because of the evolution (...) of state structures. The prospective European constitution risks formalizing the European Union as a two-level game of states and the Union, with little room for regional and minority claims. (shrink)

(1996). Understanding European unity: The limits of nation‐state‐centric integration theory. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 291-297.

The article explores the problems of the legal status of the regulatory authorities in the energy sector of Ukraine in the context of the administrative reform currently taking place in the Ukraine and the fulfillment of the EU requirements in this sphere. Based on the analysis of the EU legislation, in particular Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and Directive (...) 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, and the experience of Ukraine in the field of energy regulation, the author of this article supports granting the special legal status to the national regulatory authorities in the energy sector of Ukraine and their separation from the system of state executive bodies, however, recommends to stipulate in the Constitution of Ukraine the provisions, regarding the organizational legal form and the establishment procedure of such bodies, the appointment and dismissal procedure for their management and members, the peculiarities of the relations of these bodies with the President of Ukraine, the Parliament of Ukraine and the Government of Ukraine. (shrink)