Normal 0 21 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabela normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} O objetivo deste artigo é apresentar a crítica levinasiana à identificaçáo da subjetividade com a consciência, assim como sua concepçáo de subjetividade de origem anárquica. Para tanto, iniciaremos com a crítica de Levinas ao conceito de Eu, pensado em grande parte da filosofia ocidental e as noções de Ideia (...) do Infinito e Desejo Metafísico como primeiros passos para ruptura desse pensamento. Em seguida, apresentaremos o Rosto como questionador da soberania do Eu e exigência de resposta. Como último momento e objetivo central deste artigo, apresentaremos a anarquia do Eu, ou seja, o Eu sem origem, em recorrência, fora da consciência e destituído de si mesmo. Estes momentos sáo importantes para a construçáo do pensamento ético de Levinas. (shrink)

This article examines whether restrictions on access to welfare rights for EU immigrants are justifiable on grounds of reciprocity. Recently political theorists have supported some robust restricti...

In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new standards (...) of consumer protection, came into force and will have to be implemented by the Member States by 13 December, 2013. Renouncing its principal practice of minimum harmonisation in the area of consumer law, i.e. allowing Member States on the basis of Directives to adopt more protective rules, the EU legislator now turned to a targeted full harmonisation approach by means of the Consumer Rights Directive, aiming at increasing the consumer protection across the EU by bringing together the currently distinct laws for distance selling and off-premises contracts as well as other types of consumer contracts in a single instrument. The article briefly introduces the background of the Directive and discusses the shift in means of harmonisation concepts. Then, it analyses the scope, concepts and content of the Directive, which mainly brings considerable reforms in the areas of information requirements and the right of withdrawal. Taking into account the Directive’s improvements and shortcomings, conclusions are drawn that further harmonisation and a uniform and universally applicable set of European consumer rights are needed. (shrink)

This article argues that the practical difficulties and normative dilemmas at stake in the European refugee crisis as a crisis of EU integration extend beyond refugee policies into what we may call ‘the citizenship regime’ of the European Union in ways that are consequential for refugees, member states, and the European Union. It advances arguments for the relatively rapid access to citizenship of refugees, demonstrates that this norm has at least some acknowledgment in the policies of EU member states and (...) considers what further differentiation of refugees from other classes of migrant might be a part of developing a just and legitimate Common European Asylum Regime. It argues that there are some reasons to favour a CEAS in which refugees receive EU citizenship prior to national citizenship in a member state. (shrink)

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

In recent years, the EU legislation on genetically modified crops has come under severe criticism. Among the arguments are that the present legislation is inconsistent, disproportionate, obsolete from a scientific point of view, and vague in terms of its scope. In this paper, the EU GM legislation is analysed based on five proposed criteria: legal certainty, non-discrimination, proportionality, scientific adaptability, and inclusion of non-safety considerations. It is argued that the European regulatory framework does not at present satisfy the criteria of (...) legal certainty, non-discrimination, and scientific adaptability. Two ways of reforming the present legislation toward greater accommodation of the values expressed through the proposed criteria are briefly introduced and discussed. (shrink)

This chapter examines the role of law in European Union (EU) external relations from two perspectives. First, it examines the EU as a rule‐based (international) actor Law and focuses mainly on EU law‐ governs both the extent of the European Union's external powers and their exercise, the constitutional foundations of EU external relations and the legal principles that govern external action. Second the chapter turns to the European Union's characteristic use of law as an instrument and objective of its foreign (...) policy, the European Union as a promoter of a rule‐based international order. The role of the Parliament in the conclusion of international treaties, which are often regulatory or quasi‐legislative in character, brings to the final theme of this contribution: the role played by law as both an instrument and a goal of EU foreign policy. (shrink)

This chapter discusses the application of international humanitarian law (IHL) to EU military operations outside of the European Union (EU). It describes where the Union has performed best: promoting the development, acceptance, and respect of IHL by others. EU restrictive measures may be taken in its commercial policy, its foreign and security policy, and its development cooperation policy. A field in which the European Union may have a direct impact on violations of IHL is the export of arms. EU member (...) states continue to be involved in armed conflicts, but EU law did not govern their involvement. Therefore, the relationship between IHL and EU law is fortunately not (yet) an issue of daily concern for practitioners and EU institutions. In the instances in which the European Union has been a military actor abroad, IHL arguably did not apply because the Union had not become a party to an armed conflict. (shrink)

Populists in the EU often call for restrictions on EU immigrants’ access to welfare rights. These calls are often demagogic and parochial. This paper aims to show what exactly is both distinct and problematic with these populist calls from a normative point of view while not necessarily reducible to demagogy and parochialism. The overall aim of the paper is not to argue that all populists call for such restrictions nor to claim that all calls for such restrictions are populist. The (...) purpose of the paper is rather humble. It only aims to show that populist calls for restrictions on EU immigrants’ access to welfare rights are characterised by two normatively problematic arguments that target two different subsets of the citizenry: what I dub for the purpose of this paper the moralists and the immoralists. It is the way populists address these two subsets of the citizenry, as well as the fact that they could simultaneously appeal to the concerns of both groups, that makes populist approaches to welfare rights both conceptually distinct to other approaches as well as potentially politically appealing to a more diverse population of voters. (shrink)

The European Union is one of the ‘big ideas’ of the twentieth and twenty-first centuries and has been built on the idea of the European Community, which it supersedes. Seen in this light the emergent law of the European Union is becoming omnipresent in so many ways and yet it does not appear to have been the subject of as much semiotic study as it deserves. This paper takes a multilingual stance and explores emerging EC and EU law from a (...) perspective of a lawyer-linguist practitioner in the field. The purpose is to describe a range of practitioner ‘realities’ and to explore how semiotics provides a tool for analysis and insights for a better understanding and awareness of EU law, with particular emphasis on the legislative, or law-making aspects. (shrink)

The importance of the specifi relationship between the US and the EU is determined by the role they play in solving international problems. The purpose of the article is to study the impact of common and distinctive position in US and EU foreign policy on the development of their relations and ability to effectively solve the world’s problems. At the beginning of the XXI century relations between the US and the EU have been developing in various spheres of foreign policy. (...) The priorities were security cooperation, the fiht against international terrorism and the development of economic relations. US and EU are mutually benefiial and priority partners for each other. This is determined in the foreign policy instruments of the United States and the European Union. However, this does not preclude the existence in the United States and the European Union different approaches to solving international problems and competition between them. The biggest differences between the US and the EU are shown in approaches to the settlement of military conflcts, the fiht against global warming and the greenhouse effect. The largest component of competitive relations is manifested in the development of the Arctic region. The US seeks to engage the EU foreign policy implementation taking into account American interests. However, at the beginning of the XXI century the EU had its own foreign policy program. The EU has an unhappy tendency towards US methods of solving world problems and unilateral actions in the international arena. The bipolar system was dominated by bilateral cooperation between the US and individual states of the European Union, but during the presidency of Barack Obama, the United States prefer relations with European politicians who represent the agreed position of 28 EU member states. The US in implementing its foreign policy should take into account the position of individual states and the European Union as a whole entity. This affects the process of solving international problems. Despite the existence of contradictions in the relations of the United States and the European Union, cooperation will continue to contribute to this long-term relationship, similarities in approaches to building political and economic systems and similarities in mentality. (shrink)

The European System of Financial Supervision (ESFS) was established by the EU at the beginning of 2011. Participating in its operation are national authorities and EU bodies (or agencies), which are known as European Supervisory Authorities (ESAs). Under the ESFS, day-to-day supervision remains overwhelmingly a matter for national authorities, but the ESAs are vested with certain intervention powers over national authorities and, exceptionally, over market actors. The aim of this article is to ask questions about the division of labour between (...) the ESAs and the national authorities. Thereby, it seeks to participate in the debate on what ought to be the future direction of the ESFS. Specifically, it seeks to open the debate on whether intervention-based supervision or EU day-to-day supervision should be preferred. Focusing mainly on the European Securities and Markets Authority (as one of the ESAs), the article concludes that intervention-based supervision has prima facie more to offer. (shrink)

This paper examines the creation of independent agencies within the EU, such as the European Environment Agency and the European Central Bank. Majone and others have argued the case for European regulatory agencies. Such agencies can provide for continuity, expertise, accountability and effective authority – in short, an institutionalisation of responsibility. Against this optimism, I argue that a dilemma of institutional design naturally arises from the agencies’ situation in the EU. On the one side, we risk creating powerful agencies that (...) institutionalise monomania– that is, agencies that single-mindedly and all-too-effectively pursue narrow agendas, inadequately checked by other bodies. On the other, we are also likely to encounter relatively impotent agencies which institutionalise schizophrenia– that is, agencies that must scout around for audience and support, and hence are unable to act effectively. (shrink)

The European Union (EU) has been challenged by several crises lately. In addition to Brexit, the Euro crisis, and the migration crisis; global issues such as the coronavirus pandemic and the Russian attack on Ukraine affected the EU. The migration crisis, on the one hand, differs from the above-mentioned crises with one remarkable feature. The member states have no real consensus about forming a common migration policy. Besides, for geographic reasons, some member states put much more burden on immigrants. Agreeing (...) on immigration becomes impossible for the border countries on the migration route and also transit countries. The paper argues that, unlike the other crises of the EU, the migration crisis reinforces EU integration in such a way that disputes between member states prevent the EU from making institutional changes about the issue. The study results assume that the other above-mentioned crises, on the other hand, stimulated institutional change throughout the EU. In light of this information, this study evaluates, using a method of relevant literature review and comparing the arguments of the researchers, how the migration issue became a subject of dispute between member states by evaluating the 2015 crisis. (shrink)

Defenders of current restrictions on EU immigrants’ access to welfare rights in host member states often invoke a principle of reciprocity among member states to justify these policies. The argument is that membership of a system of social cooperation triggers duties of reciprocity characteristic of welfare rights. Newly arriving EU immigrants who look for work do not meet the relevant criteria of membership, the argument goes, because they have not yet contributed enough to qualify as members on the grounds of (...) reciprocity. Therefore, current restrictions on their access to welfare rights are justified. In this article, I challenge this argument by showing how restrictions on EU immigrants’ access to welfare rights are inconsistent with duties of international reciprocity. There are different variations of this challenge, but my focus here will be on one that uses a veil of ignorance device to support this claim. What matters from a perspective concerned with international reciprocity, I will argue, is what kind of welfare policy EU member states would choose were they not to know whether those receiving EU migrants were net contributors or net beneficiaries to the relevant scheme of international cooperation made possible by the four freedoms, and freedom of movement in particular. I argue that framing the requirement of reciprocity in this way provides a more comprehensive understanding of what should count as an ‘unreasonable burden’ on the welfare systems of host member states. The paper also examines alternative accounts of ‘unreasonable burdens’. It shows when and how the current institutional structure of the EU could take steps to deal with such burdens by preventing member states from gaming a comprehensive system of welfare rights protections across member states and by recognising the achievements of those member states that best serve them. (shrink)

O texto busca refletir criticamente sobre alguns fenômenos sociais contemporâneos, fortemente imbricados, notadamente as tendências contemporâneas de entrincheiramento e achatamento do eu; o reforço da iconomania e da compulsiva produção de avatares de si, em meio a bolhas narcísicas digitais, franqueadas pelas recentes tecnologias de informação e comunicação; e a virtual destruição da intimidade e da privacidade, diante da emergência de panópticos digitais e da vigilância algorítmica. Para tanto, toma-se como ponto de partida proposições apresentadas por Christopher Lasch em sua (...) obra _The Minimal Self: Psychic Survival in Troubled Times_, publicada originalmente em 1984, em particular a própria noção de mínimo eu, as quais são, então, entretecidas com argumentos de Christophe Dejours, Günther Anders, Theodor Adorno, Hebert Marcuse, Jonathan Crary, entre outros. Em acréscimo, busca-se salientar a ancoragem desses processos à hodierna dinâmica de acumulação de capital, a partir da crítica da economia política, perspectiva que atravessa todo o texto, bem como assinalar a atualidade do pensamento de Lasch. (shrink)

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

En la reconstrucción de la génesis del debate sobre la globalización, hay que conceder un papel destacado al politólogo australiano Hedley Bull. Su análisis del papel del Estado en la sociedad internacional, basado en un sofisticado instrumental epistemológico abierto a la interdisciplinariedad, ha tenido el mérito de cuestionar ese binomio soberanía/conflicto: un binomio que, paradójicamente, ha unido tanto al realismo político como a la tradición cosmopolita. Más que intentar eliminar la soberanía estatal, según Bull, hay que potenciar la dinámica cooperativa (...) y solidaria de la sociedad internacional. Esta orientación es tanto más necesaria en un momento en que el paradigma estatal ha experimentado una proliferación excepcional. Al escribir tras la descolonización, Bull subrayó cómo precisamente la noción de soberanía ha sido un instrumento importante para salvaguardar la pluralidad de culturas y el politeísmo de valores. (shrink)

eJudicial cooperation is a goal of EU policy. It appears to offer procedural and technical ICT solutions to enhancing EU security. This paper outlines particular dilemmas posed by operationalising ejudicial cooperation within the EU and its member states, and assesses how political weakness is reconfigured as a problem of technical ethics. The application of biometrics and ICT based ejustice potentially bring the EU closer to the citizen without closing the confidence and trust deficit. The paper first outlines three political dilemmas (...) of ejudicial cooperation: political competence, public accountability, and globalisation imperatives. It examines the rationale for introducing biometric IDs, highlighting a general problem of ejudicial cooperation and egovernance which aggravate the trust deficit. Then, it assesses the technical and managerial procedures to ethical practices for quality justice and security to combat the trust deficits which elude open public accountability and compromise trust. (shrink)

This article aims to highlight the theoretical and philosophical debate on hospitality underlining the normative elements of framing migrants and refugees as individual agents in the light of hospitality theory and migration governance. It argued the critiques of the neo-Kantian hospitality approach and the EU welcome culture with regard to refugees in the EU from a philosophical perspective. The “No human being is illegal” motto is proposed to be conceived as a principle of the EU Charter of Fundamental Rights. The (...) cosmopolitan right to visit and the universal right to reside were discussed in the context of human rights and co-responsibility. Linking the hospitality approach with migration governance enables the reconstruction of reception policies and practices, diversification of non-state actors that engage in migration governance mechanism, and polarization of political initiatives (e.g., politics of allocation and dispersal, readmission negotiations, convergence/divergence of priorities and strategic interests). The research findings highlight that the EU adopted a neo-Kantian hospitality approach that combines both “co-responsibility” and “vertical/heterarchical relations.” The EU’s “New Pact on Migration and Asylum” was considered proof of how the EU follows neo-Kantian hospitality that is manifested in dualism and contradictory approach. The study presents a typology that splits co-responsibility into individual/institutional actions and human rights/migration governance. (shrink)

“Eu Pedagoga Memoriando: depois do dito e revivido, quem sou agora ‘Amadurecida’?” completa a “trilogia” iniciada no Projeto de Experiências Criadoras na década de 90 junto a discentes e egressos de Pedagogia da Universidade do Estado da Bahia/UNEB. O vol. nº 03 se constitui como artigo conclusivo rodeando as mesmas inquietações, cuja provocação se deu na pergunta problema: “pensando em episódios como preconceito, discriminação, intolerância “qual dentre os fatos mais marcantes da sua vida acadêmica e/ou familiar, teve grande impacto e/ou (...) interferiu no rumo da sua existência?”. Para respondê-la, recorremos às narrativas autobiográficas, enfatizado o relato de uma egressa implicada com o UC’S, nomeada como ‘Amadurecida’ junto ao tensionamento de clássicos e contemporâneos, como Freire ; Marques ; Evaristo e Medeiros que nos ajudaram a compreender a sua convicção de que o processo de crescimento não se finda, e se soma a caminhada formacional que intervém como estratégia de retomada da direção que definiu para a sua vida. (shrink)

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

A major goal of the Republic of Serbia's foreign policy since 2000 has been the country's integration into the EU. In this respect, in 2012, Serbia became a candidate for EU membership. However, there has been a growing skepticism among the Serbian people about this objective. This ambivalence can be correlated not only with the recent economic crises in some EU countries but also with what are regarded as profound differences in cultural and religious values between Serbia and the EU. (...) This is particularly significant since the majority of Serbia's population are adherents of the Serbian Orthodox Church, which is widely regarded as the defender of traditional values, as well as a staunch opponent of Kosovo's independence, secularization and “so called’ modern Western values. Nevertheless, my recent research among a sample of Serbian Orthodox believers regarding their attitudes about the cultural ramifications of Serbia’s EU integration is far more nuanced than these attitudes might otherwise appear to be. (shrink)

In line with Ken Manders’s seminal account of Euclid’s diagrammatic method in the “The Euclidean Diagram,” two proof systems with a diagrammatic syntax have been advanced as formalizations of the method FG and Eu. In a paper examining Eu, Nathaniel Miller, the creator of FG, has identified a variety of technical problems with the formal details of Eu. This response shows how the problems are remedied.

O "eu penso" solitário de Descartes é fonte inspiradora para Pascal. Mantendo-o em sua solidáo, o autor ressalta a dificuldade de, pela razáo, estabelecer algum vínculo entre Deus e o homem. As cesuras entre o eu e Deus, resulta, em Pascal, na impossibilidade de estabelecer objetivamente a existência do eu no tempo. Nosso objetivo neste artigo é sublinhar tais questões.

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

ResumoNo presente texto (“O Eu de Fichte”), no qual identifica duas épocas distintas na história da filosofia concernente ao desenvolvimento da teoria da consciência, D. Henrich volta-se, após caracterizar os componentes de cada período, à teoria da consciência do primeiro Fichte, o da Doutrina da Ciência de 1794, pondo ênfase sobre algumas aporiaspresentes nessa sua primeira formulação, na medida em que Fichte foi o primeiro a encarar o problema da consciência em sua perspectiva, no fundo, mais agônica, deixado sem tratamento (...) pela tradição da filosofia pré-kantiana e kantiana. AbstractIn the present text (Fichte’s Self), in which he identifies two distinct epochs in the history of philosophy concerning the development of the theory of consciousness, D. Henrich turns, after characterizing the components of each period, to the theory of consciousness of the first Fichte, that of the Doctrine of Science of 1794, placing emphasis on some of the aporias present in his first formulation, insofar as Fichte was the first to face the problem of consciousness in its essentially more agonistic perspective, left untreated by the tradition of pre-Kantian and Kantianphilosophy. (shrink)

European Journal of Political Theory, Volume 21, Issue 1, Page 178-186, January 2022. Few debates in political theory are challenged as much by the constant change of their empirical subject as those about democracy in the European Union. With A Republican Europe of States, Richard Bellamy responds to the EU’s post-Lisbon era, which has been characterized by the euro crisis, conflicts over migration, the rise of Euroscepticism and Brexit. Keeping an eye on these contextual conditions and the related legal and (...) political transformations, he has developed a general theory of international democracy aimed at securing non-domination between peoples and between citizens and their representatives at the international level, and elaborated its implications for the EU. The result is a distinctive version of demoi-cracy, whose firm centring on the nation-state as the natural locus of democracy is likely to be controversially discussed. In this article, I raise some critical considerations regarding the design of demoi-cratic institutions, the adequate understanding of EU citizenship and the normative credentials of differentiated integration. (shrink)

This article explores EU gender policy through the lens of the `Wollstonecraft dilemma', a guiding conceptual device that helps to summarize women's difficult path towards equality in a patriarchal system. EU gender policy reflects the contradictions women must face in their struggle for equality, which are common to most public gender policies. All provisions devised to progress in gender equality have negative retroactive effects on women, due to the patriarchal context in which they are applied. Empirical evidence from the Spanish (...) case offers further support to the argument, showing how EU gender policy is still trapped in the `Wollstonecraft dilemma'. A more holistic approach to EU gender policy, able to tackle all the areas of which patriarchy is composed, and an improved monitoring of EU gender policy implementation in the member states, could both generate a more effective gender policy in the EU and make further progress in solving the dilemma. (shrink)

An organization emits carbon dioxide (CO2) and other greenhouse gases (GHGs) through its daily operations, such as the electricity used to power its offices, manufacture products, and then fossil fuels used in vehicles to distribute them. This is referred to as an organization’s carbon footprint, and there is increasing stakeholder and regulatory pressure on management teams globally to reduce them. On other words, it is increasingly critical that the quantity of carbon dioxide and other greenhouse gases that a company is (...) releasing into the atmosphere can be accurately measured in order to ensure that is being reduced accordingly. The European Union Emissions Trading System (EU ETS) is the most crucial tool for decarbonizing Europe, but it has also become a money-making machine. States and financial investors earn; for the power industry, which pays for it, the worst thing is not the system’s presence but its instability. Huge price jumps make it impossible to plan budgets and investments sensibly. This paper provides an introduction to the EU’s Emissions Trading System. As such it provides a discussion of the historical and legal context in which the EU ETS developed and now operates. This article covers the various ways in which these market dynamics, regulatory requirements and stakeholder expectations have converged to make European carbon markets a critical topic for today’s analyst. (shrink)

Neste artigo analisamos o conceito de eu quantificado a partir na Perspectiva de Segunda Pessoa, segundo a qual a eu-dade, ou pessoalidade, é atualizada em relações contexto-dependentes de total ou parcial transparência cognitiva não redutíveis aos aspectos considerados nas perspectivas de primeira ou de terceira pessoa. O eu quantificado designa o indivíduo que realiza medições sobre si mesmo por meio de tecnologias ubíquas em rede para obter um suposto maior autoconhecimento, instanciando, segundo alguns autores, um ponto de vista de Quarta (...) Pessoa constituído por relações de alteridade (pessoa-máquina-pessoa) emergentes, em especial, em um cenário sociocultural permeado por tecnologias ubíquas e análises de big data. Procuraremos problematizar a tese de que o automonitoramento digital promoveria um aprofundamento do autoconhecimento, defendida pelos postuladores da quantificação do eu. Procuraremos mostrar que a coleta de dados sobre si mesmo por meio de tecnologias ubíquas não favorece necessariamente a constituição/atualização da pessoalidade porque o automonitoramento digital mediado pode interferir significativamente nos modos de interação social da Segunda Pessoa e no autoconhecimento que tal interação pode promover. (shrink)

The European Union (EU) has developed a vast body of environmental law, relying on a treaty title setting out normatively and descriptively complex environmental principles and approaches, as well as on those parts of the treaties focusing on the internal market. This chapter provides some introductory insights into EU environmental law. It explores that the Industrial Emissions Directive (IED) shows the potential of an approach to governance that sets environmental norms in a collaborative, problem‐solving forum beyond the face of legislation. (...) The chapter shows harmonization is not a straightforward category in EU environmental law. Much was made of the decentralization and local or national flexibility in the predecessor to the IED. By comparison, the IED places greater emphasis on the mandatory application of EU‐wide environmental standards. However, both the initial decentralization and the recentralization are highly ambiguous. (shrink)

Article studies the absorption of European funds in Romania for the two post-accession periods: 2007-2014 and 2014-2020 and highlight the situation in Romania regarding the amount and evolution of European funds received, the structure of these funds, the evolution of the absorption during the two intervals by program type and Romanian areas of development as well as difficulties encountered and the solutions adopted to overcome them. The analysis is based on primary statistical data provided by the Romanian Government and the (...) European Commission, as well as studies and reports on national particularities and problems of absorption of European fund in Romania. In addition, a qualitative analysis of legislative and institutional framework aims to point out weakness and causes that hindered the absorption of funds. Paper highlights the increase of funds absorption in the current financial framework compared to the previous and emphasizes weaknesses in the Romanian institutional framework. The fact that many of the difficulties manifested in the first stage after adhesion were counter through appropriate solutions, enable better management of funds, which places Romania to the EU average in terms of rate of absorption. These solutions concern the improvement of administrative capacity. (shrink)

The paper’s aim is to underline the growing phenomenon of categorization of EU migrants despite the existence of a common EU citizenship. It addresses legal categorization deriving from EU legislation and the jurisprudence of the Court of Justice of the European Union, but also factual categorization arising from host member states’ practices. The legal categorization of EU migrants reveals a clear differential treatment between economically active and inactive EU mobile citizens. Member states’ practices very often go further than legal categorization (...) by excluding poor mobile citizens, viewed as abusers of rights or as a potential threat to local public order or security. This paper also investigates the incompleteness of EU citizenship, being unable to prevent categorization of EU migrants. (shrink)

Os primeiros seis parágrafos de O Desespero humano, de Kierkegaard, estão entre as passagens mais densas e difíceis de interpretar em toda sua obra. Nelas, ele expõe a natureza do eu em termos de relações e muitos têm interpretado isso como uma expressão da dialética de Hegel. Nesse artigo, leio aqueles parágrafos da lógica das relações de Peirce e mostro que Peirce nos permite entender Kierkegaard muito mais claramente do que Hegel. Além disso, apesar de tudo que Peirce e Hegel (...) têm em comum, Peirce o critica severamente com respeito à realidade da Segundidade. Analisando essa crítica e também o que Peirce e Kierkegaard dizem sobre a importância da dúvida vis-à-vis consciência, eu mostro que uma leitura Peirciana de Kierkegaard é bem mais frutífera do que a estruturaHegeliana que Kierkegaard conhecia. No final, eu reflito sobre a possibilidade de falar sobre um Kierkegaard semiótico e um Peirce existencialista. (shrink)

No ano de 2014, não só ocorreu o bicentenário da morte de Johann Gottlieb Fichte, mas também completou cem anos o começo da Primeira Guerra Mundial ou Grande Guerra, como ainda é denominada no ocidente. O desembarque dos aliados na Normandia completou cinquenta anos. Além disso, esse ano marcou os doze séculos que nos separam, ou melhor, nos unem à morte de Carlos Magno e dois milênios à de Júlio César Otaviano, conhecido como Augusto — todos eles aniversários de grandes (...) acontecimentos políticos e históricos que causaram mudanças profundas e consequências duradouras. Nessa constelação analista, parece oportuno tornar presente a morte de Fichte, em 29 de janeiro de 1814, o qual foi um pensador político nos moldes europeus. Com tal finalidade, a primeira parte desta conferência expõe o caráter político do filosofar de Fichte. A segunda parte investiga o cunho político de seu filosofar, remetendo-o ao tríplice lema da Revolução Francesa — “Liberdade, Igualdade, Fraternidade” —, ao qual é correlacionada a tríade fichtiana “Eu”, “Tu” e “Nós”. A parte final trata da posição e da função mediais e transitórias do político em Fichte, para quem o Estado nunca é um fim em si mesmo, mas apenas meio para um fim. (shrink)

RESUMOO presente estudo aborda a questão da heterogeneidade decorrente do desdobramento do eu, tal como compreendido por Bakhtin mediante a ideia de autoconsciência, aquela que gera sempre um outro para garantir sua própria subjetividade, através do contato com possíveis alteridades: outros gerados como alteridade a partir do mesmo. De acordo com o conjunto ternário e trinitário, teorizado por Benveniste e analisado por Dufour, nossa análise circunscreve-se à abordagem de três contos de Jorge Luis Borges, a saber: O outro, 25 de (...) agosto de 1983 e Borges e eu, em que o duplo e o duplicado são abordados como o mesmo, ainda que outros, pois é a alteridade o que confere condições para o conhecimento do mesmo.ABSTRACTThis study addresses the issue of heterogeneity derived from the unfolding of the self, as understood by Bakhtin. It is based on the idea of self-consciousness, i.e., the one that always generates another to ensure their own subjectivity by means of contact with possible alterities: others are generated as alterity from the self. According to the ternary and trinitarian set, theorized by Benveniste and analyzed by Dufour, our analysis is circumscribed to three short stories of Jorge Luis Borges, namely: "The Other," "August 25, 1983," and "Borges and I," in which the double and the duplicate are approached as the self, even being others, for it is alterity that gives the means to know the self. (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)

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 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)

This chapter provides an overview of the key European Union (EU) competition law provisions, focusing on their impact on the global economy and how this impact is managed. It considers the main transnational themes that arise. The first is the age‐old question of the extent to which national law applies across its borders. The second is the question of externalities, which has two ramifications. The first is an economic one, whereby the concern is that the enforcement of competition law in (...) one jurisdiction may have negative repercussions in others, reducing global welfare. The second branch is political in character and arises when the enforcement of competition law in one jurisdiction harms the economic interests of firms abroad. A third theme is collaboration among agencies in the context of global anticompetitive conduct. A fourth theme is hypocrisy. The chapter also sketches how competition policy became the European Union's first supranational policy. (shrink)

The present essay focuses on problematizing the European Union's claim that intercultural dialogue constitutes an advocated method of talking through cultural boundaries—inside as well as outside the classroom—based on mutual empathy and non‐domination. More precisely, the aim is to analyze who is being constructed as counterparts of the intercultural dialogue through the discourse produced by the EU in policies on education, culture and intercultural dialogue. Within the Union, Europeans are portrayed as having an a priori historical existence, while the ones (...) excluded from this notion are evoked to demonstrate its difference in comparison to the European one. The results show that subjects not considered as Europeans serve as markers of the multicultural present of the space. Thus, intercultural dialogue seems to consolidate differences between European and Other—the ‘We’ and ‘Them’ in the dialogue—rather than, as in line with its purpose, bringing subjects together. (shrink)