The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to (...) the ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (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)

Since 2001, the Commission of the European Union has instigated Peer Reviews to help countries preparing to accede to the European Union. Added to this has been the provision of workshops and individual expert inputs. This article recounts the experiences of the author in this process. It focuses on how a single directive has revealed major ethical challenges for nurses, their national associations and state governments as they seek to implement the changes required. In particular a (...) sub-agenda has emerged relating to general education, access to higher education and the position of women in these countries. The ethical challenges include freedom to practice and creation of competent authorities to provide proper oversight of the health care professions. In 2011, the directive is being reviewed and this article offers arguments for its continuation, even in an unreformed state. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU (...) is expressed in the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU (...) Member States, as well as possible solutions to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

This paper argues for a fundamental overhaul of the current competence constellation in the EU, which is necessary to address the problem that the current arrangement does not respect the important values that it is supposed to uphold, namely those of democracy, subsidiarity and national diversity. While pretending otherwise, it effectively contains neither negative nor positive EU integration in areas of Member State competence. Furthermore, it enables European integration of these areas through even less accountable intergovernmental mechanisms. (...) It will be argued that the root cause of this problem is that demarcation of competences as a method to contain the EU does not work, because such an approach of ‘categorical federalism’ is bound to fail, especially in the EU context since it is incompatible with the functionality that is written in the legal order’s DNA. It is therefore proposed to dispose of demarcation as a way to contain EU action and instead to openly recognise the inevitable broadness of the EU’s powers while containing the exercise of these powers through a democratisation of the legislative process. The paper tables a number of proposals that on the one hand enhance the EU’s formal legislative powers, while on the other hand strengthen national parliaments in their powers politically to review proposed EU legislation. (shrink)

For twenty years, the European Union has qualified as a supranational actor more and more present on the educational scene. Through the European strategies - Lisbon 2010 and Europe 2020 - but also the open method of coordination, an essential mutation has been occurring at the level of Member States. In this article, I intend to analyse in which manner the European Union manages to become a genuine educational actor. Thematic analysis of forty semi-structured interviews (...) conducted with European and international officials demonstrate that the European leaders prepared the European “suitcase” for the first “flight” of 2010 and the second one in 2020. Mainly, this briefcase regroups benchmarks, core competencies, mobility programs and the European qualifications framework. If the European Union is able to “boast” with a national or international political visibility through educational proposals however, an unknown factor remains in this geopolitical equation. (shrink)

Human oversight has become a key mechanism for the governance of artificial intelligence (“AI”). Human overseers are supposed to increase the accuracy and safety of AI systems, uphold human values, and build trust in the technology. Empirical research suggests, however, that humans are not reliable in fulfilling their oversight tasks. They may be lacking in competence or be harmfully incentivised. This creates a challenge for human oversight to be effective. In addressing this challenge, this article aims to make three (...) contributions. First, it surveys the emerging laws of oversight, most importantly the European Union’s Artificial Intelligence Act (“AIA”). It will be shown that while the AIA is concerned with the competence of human overseers, it does not provide much guidance on how to achieve effective oversight and leaves oversight obligations for AI developers underdefined. Second, this article presents a novel taxonomy of human oversight roles, differentiated along whether human intervention is constitutive to, or corrective of a decision made or supported by an AI. The taxonomy allows to propose suggestions for improving effectiveness tailored to the type of oversight in question. Third, drawing on scholarship within democratic theory, this article formulates six normative principles which institutionalise distrust in human oversight of AI. The institutionalisation of distrust has historically been practised in democratic governance. Applied for the first time to AI governance, the principles anticipate the fallibility of human overseers and seek to mitigate them at the level of institutional design. They aim to directly increase the trustworthiness of human oversight and to indirectly inspire well-placed trust in AI governance. (shrink)

The purpose of this work is to bring the legal status of third-country citizens closer to that of member states, as a different special regime according to the relative agreements concluded for certain categories of foreigners without disregarding the value of some elements of fact, such as residence, family ties, performance of specific economic activities or interests of international politics for respect of these obligations, with the not always uniform content that the union evidently had to entrust to member (...) states a union of intent through “supervision" as well as the interpretation carried out by The Court of Justice of the European Union which has strongly reduced state's competences aiming at a European integration still in progress and especially after Brexit. (shrink)

In this article, we reflect on our personal experience of acting as ‘independent academic experts’ in an European Union policy forum, to reflect on how the EU utilises gender to legitimise certain policy discourses in combating sex trafficking. Starting from our personal experience, we draw on wider feminist research on gender expertise and on Fraser’s new reflexive theory of political injustice, to consider how the EU structures debates in this area to determine ‘who’ is entitled to speak and (...) be heard on this issue. In a context in which sex trafficking policy intersects with a variety of competing agendas on – among other things – law and order, organised crime, immigration, asylum and border security policy, our argument will suggest that the exclusion of critical feminist voices and lack of alternative perspectives permits much scope for continuing inequality and injustice. (shrink)

BackgroundWe describe our experience from a multi-national application of a European Union-funded research-driven paediatric trial (DEEP-2, EudraCT 2012-000353-31; NCT01825512). This paper aims to evaluate the impact of the local and national rules on the trial authorisation process in European and non-European countries. National/local provisions and procedures, number of Ethics Committees and Competent Authorities to be addressed, documentation required, special provisions for the paediatric population, timelines for completing the authorisation process and queries received were collected; compliance with (...) the European provisions were evaluated. Descriptive analysis, Wilcoxon Rank-Sum test and General Linear Model analysis were used to determine factors potentially influencing the timelines. The Cluster Analysis procedure was used to identify homogenous groups of cases.ResultThe authorisation process was completed in 7.7 to 53.8 months in European countries and in 17.1 to 27.1 months in non-European countries. The main factors influencing these timelines were the requests for changes/clarifications in European countries and the different national legislations in non-European countries.ConclusionThis work confirms that the procedures and requirements for the clinical trial application of a paediatric trial are different. In the European Union, the timeframes for submission were generally harmonised but longer. In non-European countries, delays were caused by national dispositions but the entire authorisation process resulted faster with less requests from ECs/cas. The upcoming application of Regulation (EU) 536/2014 is expected to harmonise practices in Europe and possibly outside. Networks on paediatric research acting at international level will be crucial in this effort. (shrink)

The scope of European Union competence was central to the reform process that culminated in the Lisbon Treaty. The Lisbon Treaty competence provisions borrowed heavily from those in the Constitutional Treaty. Some provisions are contained in the Treaty on European Union (TEU), but the detailed schema is in the Treaty on the Functioning of the European Union (TFEU). Article 2 TFEU is the foundational provision, setting out the categories of competence and (...) the consequences that flow from them. Article 2(1) TFEU establishes the category of exclusive competence, which carries the consequence that only the Union can legislate and adopt legally binding acts. Article 2(2) TFEU defines shared competence. The treaty schema for competence in Article 2 TFEU is premised on the ascription of legal consequences for EU and member state power as the result of coming within a particular category. Article 5 TFEU is an exception in this respect. (shrink)

It has become obvious that the European response to the Japanese challenge cannot be limited to copying the lean production model. Transformation processes within successful enterprises depend on the employees' consensus. Therefore, such transformation processes have to improve both competitivity and the quality of work. In this context trade unions can play an important role but they are in need of new competences. This means that cooperation between trade unions and research centres becomes of utmost importance. The paper discusses (...) the institutionalized cooperation between trade unions and research centres. (shrink)

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding (...) the answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. (shrink)

The purpose of this article is to analyze the constitutional considerations of the possibility of establishing the Ombudsman as a body to receive reports of violations of the law under the authority of Directive Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of whistleblowers. The results of the research lead to the conclusion of the possible admissibility of such a solution, but with the need for appropriate system changes. However, (...) the author recommends entrusting this competence to a newly created body. (shrink)

The legal regime of the Economic and Monetary Union (EMU) is differentiated in two ways. While the rules on economic union apply with few exceptions to all member states, most Treaty provisions on monetary union are applicable only to those member states that have introduced the common currency. The Treaty on the Functioning of the European Union (TFEU) establishes a system of overlapping competences consisting primarily of measures adopted by the member states. During the initial (...) phase of the European Economic Community (EEC), exchange‐rate fluctuations or flexible exchange rates obstructed the development of a workable capital market. The Treaty of Lisbon provides that the European Union is to establish a monetary union whose currency is the euro. The TFEU provides for institutional and procedural mechanisms aimed at protecting the stability of the common currency. The euro has become a stable and internationally recognized currency. (shrink)

The question of immigration and its corollary community and minority formation has always been analysed in relation to states. However, the increasing importance of solidarity beyond national borders on the grounds of one or several identities – national, religious, ethnic, regional – removes the claim of recognition of a collective identity from a national level to an international level and, in the European Union, to a supranational level. Such an evolution places territory at the core of the analysis (...) of citizenship and nationhood, for communities as well as states. This article will attempt to show that in this new configuration, negotiations between states and immigrants are brought beyond borders in order for states to maintain the ‘power’ of incorporation and citizenship while expanding their influence beyond their territories and to compete with transnational communities in their engagement in the process of globalization. (shrink)

The question of immigration and its corollary community and minority formation has always been analysed in relation to states. However, the increasing importance of solidarity beyond national borders on the grounds of one or several identities – national, religious, ethnic, regional – removes the claim of recognition of a collective identity from a national level to an international level and, in the European Union, to a supranational level. Such an evolution places territory at the core of the analysis (...) of citizenship and nationhood, for communities as well as states. This article will attempt to show that in this new configuration, negotiations between states and immigrants are brought beyond borders in order for states to maintain the ‘power’ of incorporation and citizenship while expanding their influence beyond their territories and to compete with transnational communities in their engagement in the process of globalization. (shrink)

Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For (...) this purpose the author firstly considers the context of the exclusion of CFSP matters from the ECJ jurisdiction, including discussions on the issue at the European Convention, and, secondly, takes a closer look at the separate heads of jurisdiction over which the Court is competent to act after the entry into force of the Lisbon Treaty. A conclusion is made that the Lisbon Treaty did not introduce significant changes to ECJ jurisdiction. Similarly to the pattern of previous amendment treaties, the Lisbon Treaty again gave recognition to the practice of the ECJ on relevant questions. Nonetheless, the amendments made by the Lisbon Treaty should be welcome for introducing more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the European Union. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two (...) jurisdictions, in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

The aim of this article is to address the regulatory framework as one of the key factors determining the success of creation of single market for renewable energy. No one could possibly argue that non-discriminative and consistent legal regulation plays a big role in the creation of a single market. Therefore, the question of legal capability to create the single market for renewable energy and the overall quality of present regulatory framework is at the centre of this article. Our objective (...) is to analyse whether the single market for energy produced from renewable sources can be created under current legal regulation of the European Union Therefore, the first part of the article analyses the competence of the European Union to regulate the renewable energy sector and division of legislative powers between the Member States and the European Union. The goal of the first part is to answer the question whether the European Union has the competence to regulate renewable energy market. The second part of the article analyses the legal framework of measures for the promotion of renewable energy production used in each Member State. The goal of the second part of this article is to answer the question – whether all renewable energy producers are in equal competitive position, notwithstanding different legal frameworks of the Member States. (shrink)

The gradual development of European Union (EU) immigration and asylum law has been characterized by two related, ongoing tensions: the conflict between EU competence in this field and national sovereignty, and the friction between immigration control and the protection of human rights. The EU's approach to resolving the two key tensions in this area are assessed by examining the four key subjects addressed by immigration law: visas and border controls, irregular migration, legal migration, and asylum. The (...) class='Hi'>European Union has been more active in the fields of visas and border controls than in any other area of immigration and asylum law owing to the early development of a legal framework, originally in the form of the Schengen Convention. As for irregular migration, the European Union's initial piecemeal approach has been supplemented by the adoption of the fairly comprehensive Returns Directive. (shrink)

For many years, fundamental rights were primarily protected in the European Union (EU) legal order in a negative way; EU institutions and Member States should not infringe fundamental rights when acting within the scope of EU law. However, since the Treaties of Amsterdam and Lisbon, the EU has gained greater competences to develop fundamental rights standards, and new mechanisms for the protection of these standards have emerged. Although these new instruments enhance the mandate of the EU regarding fundamental (...) rights protection, they also trigger a number of important questions. They are capable of calling into question, to an unprecedented extent, sensitive domestic policy areas through a rights-based process of Europeanization. Furthermore, the EU regime for the protection of fundamental rights is increasingly difficult to contain within the limits of the traditional principle of attributed competences that was initially designed to circumscribe the process of European integration. Both types of questioning trigger significant resistances at the EU as well as national level. (shrink)

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice (...) in 2007, the article interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

This chapter exposes the tensions that afflict the shaping of European Union (EU) consumer law and policy and demonstrates that the relationship between EU and national consumer law is dynamic and not always coherent. A‐Punkt Schmuckhandels provides a good example of what it means to treat consumer protection as a shared competence. EU free movement law confines trade‐restrictive national measures to the area within which they can be justified, but it does not insist on their inevitable elimination. (...) EU consumer policy in its legislative dimension is predominantly the product of Article 114 Treaty on the Functioning of the European Union (TFEU), which succinctly deals with harmonization. EU consumer law and the project of market integration are intimately connected. Indeed, market integration is intended to yield beneficial effects for the consumer by improving competition and widening choice. (shrink)

Lawyers around the world roughly agree on the meaning of private law. Whatever their national origins, they will point to contract and tort and identify their roots in the national private law order. Understanding European private law requires clarification of each of the three composite elements which includes Europe is not a state but a quasi‐state with a multilevel governance structure, the law is not only private but also has a strong regulatory (public) dimension and law cannot be equated (...) with codified law but has a multifaceted character‐ranging from private regulation within a public regulatory frame to contract governance and self‐regulation. Constitutionalization of private law through the increasing use of fundamental rights and human rights ranks high on the political, judicial, and academic agendas. The Draft Common Frame of Reference (DCFR) is designed to operate in a framework based on conventional actors: individual private parties, judges, and the legislator. (shrink)

European legislators must increasingly deal with issues related to fundamental rights. Religion is a frequent topic obliging them to do so. It is not directly part of the EU’s competences but is a source of values underlying policy choices and a tricky political object. Relying on the findings of a survey about what Members of the European Parliament believe and what they do with these beliefs, the article analyzes potential tensions created by religion in the implementation of human (...) rights by the EU. A first part shows how and to what extent European law meets religion, and how it leaves ample room for flexibility but also for divergent interpretations. A second part states that MEPs agree largely on the principle of separation between politics and religion, but may be divided when it comes to drawing boundaries between the two domains. The conclusion points out the limits of the rule of law to prevent conflicts and suggests that human rights may inspire support as well as cause resistance to Europeanization. (shrink)

The authors focus on the European Union both as a regional organization with distinctive norms and practices, and as a grouping of states that reflect specific individual traditions and views. The chapter describes two core paradigms: the national and the post‐national. The national paradigm is recognizably realist and state‐centric in approach. It suggests that the focus of external behaviour should be the promotion of order via traditional power‐political means and for traditional state‐based normative ends. The post‐national paradigm, however, (...) reflects a more cosmopolitan understanding of global society in which Europe's institutional and substantive understanding of justice questions can be reflected in its policies beyond EU borders. These propositions are tested in three issue areas. The authors conclude that while the EU may have the capacity to shape an order/justice agenda beyond its borders, its members have not yet agreed what that agenda should be. (shrink)

These essays, first presented at a conference, “Coping with Sickness,” held in Italy in 1997, address ethical and regulatory medical issues within a historical context. Many of the essays, while addressing interesting topics, combine policy analysis and critical cultural theory. Critical cultural theory can be intellectually engaging at times but is generally irrelevant to public officials concerned with specific policy issues.Coping with Sickness is the third and final volume derived from a series of conferences cosponsored by the European Science (...) Foundation and the Euroconferences Activity of the European Union. The eight essays are organized chronologically and cover a range of disparate topics: medical practitioners and the Spanish Inquisition , the history of autopsy legislation in German since 1800 , the history of “sadism” as a medical term in the nineteenth century , folk medicine in Holland in the late nineteenth century , abortion in Weimar Germany , drug testing in Africa in the early twentieth century , comparative policies toward STDs , and the debate over brain death in Germany . As might be expected in an anthology of this sort, the quality varies considerably. Nonetheless, the subjects addressed in this volume are engaging—much to the credit of the editors.Two pieces in particular represent the range of these collected essays. In “Vacher the Ripper and the Construction of the Nineteenth‐Century Sadist,” Angus McLaren, one of the best historians writing on the history of sexuality today, explores the “discovery” of sadism in the late nineteenth century by focusing on the dramatic trial of Joseph Vacher, who was charged in 1895 for the brutal sexual murder of a woman in Champuis. He later confessed to the murder and the sexual violation of another seven females and four males. Vacher had a long history of mental illness; indeed, he had been institutionalized in July 1893 following a failed attempt at suicide that left a bullet lodged in his head. At the trial the criminologist Alexandre Lacassagne was brought in as an expert witness to testify that Vacher was not insane but an antisocial sadist, as revealed by his dabbling in anarchism, vagabondism, and homosexuality. As a consequence, Vacher was found guilty and given a death sentence.McLaren finds in this trial an example of the social construction of a new medical concept, “sadism.” The emergence of the concept of sadism, he argues, reflected a “gendered notion” of defining appropriate male and female behavior; physicians at the turn of the century believed that “civilized men were most threatened, not by excess passion, but by the enervation spawned by urban life” . The concept of sadism was also employed by doctors to enhance their own authority and to alert the public to the dangers of a male manifesting “feminine traits” and to “beat back” homosexuality.There is much interesting conjecture to McLaren's study, but what policy lessons should be drawn from this remains unclear. If every concept is actually a social construction, reflecting the social anxieties of the age, then is the fashionable concept of social construction itself socially constructed to enhance the authority of the medical historian?More interesting methodologically is Claudia Wiesemann's absorbing essay on the historical debate in Germany over “brain death.” Relying on Ulrich Beck's social theory of simple and reflexive modernization, she shows that, when confronted with complex scientific questions, the public has to decide between competing plausible scientific claims; as a result, political groups make use of scientific expertise and counterexpertise to push their favorite practical and legal solutions. (shrink)

The European Union’s funding of electricity made of biogas that is obtained from purpose-grown plants accelerated the global boom of renewable energy two decades ago. Tens of thousands of biogas plants were built in EU farms soon after. As this specific trend toward renewable energy globally spreads, it has the potential to alter the features of agriculture in the future. Such conceptual changes are related to a variety of socio-economic and environmental implications that manifest itself over a large (...) time scale. Regarding renewables made of purpose-grown plants, a majority of reservations are related to its production economy, particularly since these biofuels are expected to compete with food or feed. So far, little attention has been paid to the fact that the fields of farms that run biogas stations are subject to shortly repeated erosive crops followed by the intensive application of the fermentation residues obtained. The various types of soil on different European farms, which have been operating biogas stations for at least two decades, were analyzed. It was revealed for the first time that such practices cause soil degradation and pose a threat to food production, which has been overlooked until now. The relations between ethical and economical points of view are discussed. (shrink)

This chapter presents an analysis of complex constitutional framework, examining institutional developments brought about by the Maastricht and Amsterdam Treaties and by focusing in particular on the major institutional changes brought about by the entry into force of the Lisbon Treaty. It illustrates how European integration in criminal matters has been organized over time. The chapter examines the extent of European Union (EU) competence to harmonize national legislation in the field of substantive criminal law and (...) class='Hi'>European integration in criminal matters via the application of the principle of mutual recognition to criminal law and justice. It then explores harmonization of criminal procedure in order to facilitate the operation of mutual recognition and European integration via delegation, by an examination of the powers and interrelationship between various EU bodies and agencies in the field of criminal justice. The chapter describes the external dimension of EU action in criminal matters. (shrink)

In recent years, the European Union has advanced towards responsible and sustainable Artificial Intelligence (AI) research, development and innovation. While the Ethics Guidelines for Trustworthy AI released in 2019 and the AI Act in 2021 set the starting point for a European Ethical AI, there are still several challenges to translate such advances into the public debate, education and practical learning. This paper contributes towards closing this gap by reviewing the approaches that can be found in the (...) existing literature and by interviewing 11 experts across five countries to help define educational strategies, competencies and resources needed for the successful implementation of Trustworthy AI in Higher Education (HE) and to reach students from all disciplines. The findings are presented in the form of recommendations both for educators and policy incentives, translating the guidelines into HE teaching and practice, so that the next generation of young people can contribute to an ethical, safe and cutting-edge AI made in Europe. (shrink)

Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests (...) that European Union institutions can be seen to create similar obligations, only if we adopt a cosmopolitan theory of political legitimacy for both domestic and international institutions. A key distinction proposed is that between a duty of jurisdiction, owed by everyone to every legitimate state, and a duty of civility, owed by citizens to their own states. (shrink)

In our paper we aim at reflecting upon the extent to which educational theory may be used as a framework in the analysis of policy documents. As policy texts are ‘heteroglossic in character’ (Lingard and Ozga, in The Routledge Falmer reader in education policy and politics, Routledge, London and New York, 2007 , p. 2) and create “circumstances in which the range of options available in deciding what to do are narrowed or changed” (Ball in, Education policy and social class: (...) The selected works of Stephen J Ball, Routledge, London and New York, 2006 , p. 46), they need to be theoretically tackled in their underlying assumptions and implications. This proposal draws on an analysis of two sets of documents of the European Union: texts produced between 2000 and 2006, underlying the European Union programmes; and texts produced by a working group focusing on the key competences of Lifelong Learning (2003–2006). Initially, the framework for the analysis of different documents was grounded on the existing research in the field of educational policy. Now we attempt a secondary analysis of the collected data by transposing the borders of this particular and highly prolific field. We argue that what is outside the texts may reshape what is inside the texts. Educational theory allows us to define some conceptual tools in order to question the documents as political apparatus which open and constrain possibilities. Therefore, we will use educational theory as an arena where different matters, perspectives and possibilities may be explored and assembled. We have engaged in a conversation with both the data and some theoretical approaches. Central to this conversation are the concepts of “ignorant schoolmaster” (Rancière, in The ignorant schoolmaster five lessons in intellectual emancipation, Stanford University Press, Stanford, 1991 ), “learning contexts” (Edwards, in Rethinking contexts for learning and teaching, Routledge, Oxon and New York, 2009a , b ), and “experience” (Larrosa, in Revista Brasileira de Educação, 19:20–28, 2002 ). (shrink)

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there no connection between democracy, legitimacy (...) and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”. (shrink)

Language tests for overseas registered nurses (ORN) working outside their home country are essential for patient safety, as communication competency needs to be established in any workforce. We argue that the current employment of existing language tests is structurally and institutionally racist and disadvantages ORNs from non‐European Union (EU) and non‐White countries seeking to work in the United Kingdom. Using Critical Race Theory (CRT), we argue that existing English language tests for ORNs seeking registration in the United Kingdom (...) are discriminatory due to the UK's racist migration policies and a regulatory body for nursing and midwifery that fails to acknowledge and understand its own institutionally racist practices. (shrink)

The employee owned company (EOC) might be the ideal blend of capitalism and communitarianism that vitalizes the global economy. EOCs – based on the concepts of employee participation and control – have sprung up in the United Kingdom, some parts of the European Union, the United States, Japan, and the former Eastern Bloc countries. Research has shown that they are able to compete effectively with more traditional companies. However, in addition to the pressures of business competition, EOCs face (...) two other key problems as they strive to survive: (1) degeneration and (2) human nature and the abuse of power. After introducing the idea of the EOC and describing briefly these two key problems, this article presents seven recommendations for sustaining employee owned companies. These recommendations – grounded in sound organizational theory and the writings of experts in the field of employee ownership – are offered as hypotheses to be examined empirically by future researchers. (shrink)

Human rights have occupied a variety of roles in the course of history of the European Union. They played a negligible role at the outset, overlooked by the original Treaty of Rome and, even today, the Union's formidable associations with free trade, the single market, and regulation might suggest that it cannot be primarily defined as a human rights organization. The Charter of Fundamental Rights of the European Union has at last acquired binding force, provision (...) is made for the European Union to accede to the European Convention on Human Rights (ECHR), and the Court of Justice of the European Union (CJEU) is to have greater powers of judicial review in the field of police and judicial cooperation in criminal law, an area of obvious relevance to human rights. This chapter highlights some significant developments in the Court's fundamental rights jurisprudence. (shrink)

The precautionary principle has often been described as an extreme principle that neglects science and stifles innovation. However, such an interpretation has no support in the official definitions of the principle that have been adopted by the European Union and by the signatories of international treaties on environmental protection. In these documents, the precautionary principle is a guideline specifying how to deal with certain types of scientific uncertainty. In this contribution, this approach to the precautionary principle is explicated (...) with the help of concepts from the philosophy of science and comparisons with general notions of practical rationality. Three major problems in its application are discussed, and it is concluded that to serve its purpose, the precautionary principle has to (1) be combined with other decision principles in cases with competing top priorities, (2) be based on the current state of science, which requires procedures for scientific updates, and (3) exclude potential dangers whose plausibility is too low to trigger meaningful precautionary action. (shrink)

When intense public controversy erupted around agricultural biotechnology in the late 1990s, critics found opportunities to challenge risk assessment criteria and test methods for genetically modified products. In relation to GM food, they criticized the concept of substantial equivalence, which European Union and United States regulators had adopted as the basis for a harmonized, science-based approach to risk assessment. Competing policy agendas framed scientific uncertainty in different ways. Substantial equivalence was contested and eventually recast to accommodate some criticisms. (...) To explain how the concept changed, this article links two analytical perspectives. Regulatory-science perspectives illuminate how the scientification of politics and politicization of science led to shifts in the boundary between science and policy. Governance perspectives illuminate how the collective problem for policy was redefined to provide a new common ground for some stakeholders. Overall, substantial equivalence was recast to govern the social conflict and address legitimacy problems of regulatory procedures. (shrink)

Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application (...) of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance, and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to "bidding markets," network industries, and two-sided markets.ContributorsMark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. WerdenPaolo Buccirossi is Director and Founder of Lear, a research center and an economics consulting firm in Rome, and has worked as an economic advisor at the Italian Competition Authority. (shrink)

RESUMEN: En la era de las tecnologías digitales, el Derecho se enfrenta al objetivo de afrontar la protección de los datos personales en un universo global donde las fronteras se diluyen y el principio de territorialidad ha dejado de tener aplicación. Este trabajo pretende plantear el reto que supone, para el ordenamiento jurídico español, la adaptación a la nueva regulación europea en esta materia.ABSTRACT: At the digital´s technologies age, Law faces with the aim to address the personal data protection in (...) a global universe where blurring the borders, and the territoriality principle has ceased to be applied. This paper aims to poset he challenge that supposes, to the Spanish legal system, the adaptation to the new European Union regulation on this matter.PALABRAS CLAVE: universo digital, protección de datos personales, reglamento europeo, constitución española, conflictos de competenciaKEYWORDS: digital universe, personal data protection, european regulation, spanish constitution, competence´s conflicts. (shrink)

One of the main difficulties facing students today is how to contextualize the post-1990 world. Bringing the Nation Back In: Citizenship, Space, and Culture in Europe and the United States takes as its starting point a series of developments that shaped politics in the U.S. and Europe over the past thirty years: the end of the Cold War, the rise of financial and economic globalization, the creation of the European Union and the development of the postnational. This volume (...) argues we are now witnessing a break with the post-1945 world order and with modern politics. Two competing ideas have arisen--global cosmopolitanism on the one hand, and populist nationalism on the other. The former emerged in the 1990s and is characterized by discourses on globalization, feminism, and postcolonialism, among others. The latter, which emerged after the Great Recession of 2008-2009, consists of a reactionary nationalism that in the years that followed swept to power in the US and several European countries. The present volume argues this polarization of social ethos between cosmopolitanism and nationalism as a sign of a deeper political crisis, which it explores from different perspectives. Rather than taking sides the aim here is to diagnose the origins of the current impasse and to "bring the nation back in" by expanding what we mean by "nation" and national identity and by respecting the localizing processes that have led to national traditions and struggles. (shrink)

This chapter analyzes European social policy as a test case to comment on both the originality and the weakness of a unique supranational legal order, such as the one created in 1957 with the Treaty of Rome. Regulatory measures in social policy, related to equal treatment, nondiscrimination, and working conditions were implemented via hard law measures aiming at the harmonization of standards. The chapter also looks at the latest innovations in social policy brought about by the Lisbon Treaty. Article (...) 3 of the Treaty on European Union (TEU) mentions full employment among the objectives to be pursued in a social market economy. The economic and financial crisis has accentuated the problems of supranational coordination versus national initiatives and has given rise to exceptional austerity actions that have departed from the methods provided for in the treaty. (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.

Increasing activity in the field of lifelong learning is an important educational goal of the European Union. The rapidly changing environment creating new demands makes it necessary to take action in the field of continuous education. Labour market requirements in the process of evolving towards a knowledge-based society are changing, which is particularly important in the era of population ageing and raising the retirement age. All forms of education: formal, non-formal and informal should gain importance in response to (...) the growing requirements. The situation in Poland is vary unfavourable when comparing the participation in activities related to lifelong learning with other European Union countries. Research indicates various demographic, social and economic determinants of adult engagement in lifelong learning. This study attempts to assess the relationships between the level of competences in various areas and the educational behaviours of adult Poles. The analyses are based on individual data from a national survey on human capital. The crucial purpose, which is to identify interdependences among the considered factors, attitudes and behaviours, is accomplished by selected statistical and econometric methods supported by suitable data visualization techniques. (shrink)

Question about values asked in a community life context, is therefore a kind of a political question. It is especially noticeable in interpretations and relations made by institutions of European Union towards legal and moral regulations of member countries. At present, in the European Union, the principle of legalissation and legislation based on a idea of value syncretism is proposed. Because in the EU, which is a specific national-state conglomeration of infl uences and traditions, different systems (...) and moral judgments possessing equal rights exist and compete, the principle of discourse and agreement based on alignment of common positions is promoted. As a result, there is a political, social and public debate on values. And the axis of this dialogue and dispute is, in Author’s opinion, question of specific social status of values – are they universal or relative. It seems that, in the age of hermeneutics as a language of contemporary culture, axiology is finally transformed into a personal matter, relating only to individual opinions. Postmodern man is becoming an object responsible no more to God or to his own rational nature, but just to himself and others, therefore to the project of democracy as an ideal interpretation. Contemporary understanding of the democratic system demands not the objective truth, but public discourse, in which it is moral, how people really act, not how they should act. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My (...) answer turns on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

This book claims that there is a negativity at the core of all social articulations that provides the basis for a universal politics. Drawing principally on the work of Slavoj Žižek, the book suggests that the social is punctured by an impossibility-an incompletion-which rather than serving as a barrier to politics, lays a foundation for shared struggle. The book thus argues for a negative universality, rooted not in a positive element (e.g., identity-based politics) but a discordant one, so that under (...) our current global capitalist system, solidarity is to be forged on the basis of social antagonism (i.e., shared experiences of exploitation and marginalization). Such a conception of shared struggle avoids the trap of both a neocolonial universalism (e.g., the rights of white men parading as universal rights) and the narrow particularism of identity-based politics. Most importantly, it foregrounds the struggles of the systematically dispossessed and excluded (the permanently unemployed, migrants, refugees, sweatshop laborers, etc.), who stand as symptom of our global capitalist order. The book compares "negative universality" with four competing contemporary versions of universalism-conservative, liberal, postcolonial, and Marxist. It also brings "negative universality" into dialogue with present-day critics of universalism-postmodernists, post-Marxists, queer theorists, decolonial pluriversalists, and new materialists. Finally, it examines what a universal politics might look like today in the context of such key global sites of struggle as climate change, the refugee crisis, the Palestinian question, Black Lives Matter, #MeToo, Political Islam, workers' struggles, the Bolivian state under Morales, the European Union, and COVID-19. (shrink)

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to (...) be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate. (shrink)