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)

Working on the assumption that ideas are embedded in socio-technical arrangements which actualize them, this essay sheds light on the way the Open Method of Co-ordination (OMC) achieves the Lisbon strategic goal: to become the most competitive and dynamic knowledge-based economy in the world . Rather than framing the issue in utilitarian terms, it focuses attention on quantified indicators, comparable statistics and common targets resulting from the increasing practice of intergovernmental benchmarking, in order to tackle the following (...) questions: how does the OMC go about co-ordinating Member States through the benchmarking of national policies? And to what extent does this managerial device impact the path of European construction? Beyond the ideological and discursive construction of the competitive imperative, this technology of government transforms it into an indefinite discipline (Foucault) which constantly urges decision-makers to hit the top of the charts. This contribution thus argues that the practice of intergovernmental benchmarking is far from being neutral in purpose and effect. On the contrary, it lays the foundation for building a competitive Europe which unites Member States through competition. (shrink)

Although justification and implementation of human rights are typically dealt with as separate issues, the lines between them become particularly opaque when dealing with contested rights claims, particularly those made by immigrant groups. The relevant lessons from Europe seem to indicate that in these sorts of cases, questions of justification can become embedded in deliberative practices that lead to their greater institutional entrenchment. The heterogeneity of deliberative practices out of diverse Member State administrative contexts can be turned into an (...) epistemic virtue when including additional perspectives that increase the likelihood of avoiding error and alleviating bias. With a focus on immigrant rights in the EU, I first give a stylized rendition of the shortcomings of three views—post-national rights theorists, liberal nationalists, and cosmopolitans. In contrast, experimentalists highlight the democratic potential of realizing rights on a pragmatic model of the Open Method of Coordination that better responds to regional problems not necessarily tied to a single site of sovereignty. Since immigrants in the EU are party to multiple overlapping political communities, the democratic justification of rights in contested cases can be directly tied to this novel institutional implementation, forging a modified social imaginary in the process for all affected actors. (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)

I outline the current debate over the European Union democratic deficit in terms of differing methodological approaches towards the realization of freedom and basic rights to political participation. Federalists opt for a model of freedom as noninterference and autonomous self-determination by proposing to tie basic rights in the EU to a univocal form of European-wide popular sovereignty. Although skeptics argue that the EU lacks the fundamental basis for such European-wide democratic self-determination, they ultimately defend a similar view (...) of freedom as noninterference with their appeal to the collective will of the member states. Democratic revisionists instead point to the novel democratic potential of institutions in the EU such as the Open Method of Coordination for mediating overlapping sovereignties. I conclude using the example of basic rights to effective participation for immigrants and minorities to illustrate the strengths of the revisionist view over views that appeal to the principle of subsidiarity. (shrink)

This book offers an empirical and theoretical account of the mode of governance that characterizes the Bologna Process. In addition, it shows how the reform materializes and is translated in everyday working life among professors and managers in higher education. It examines the so-called Open Method of Coordination as a powerful actor that uses “soft governance” to advance transnational standards in higher education. The book shows how these standards no longer serve as tools for what were once human (...) organizational, national or international, regulators. Instead, the standards have become regulators themselves – the faceless masters of higher education. By exploring this, the book reveals the close connections between the Bologna Process and the EU regarding regulative and monitoring techniques such as standardizations and comparisons, which are carried out through the Open Method of Coordination. It suggests that the Bologna Process works as a subtle means to circumvent the EU’s subsidiarity principle, making it possible to accomplish a European governance of higher education despite the fact that education falls outside EU’s legislative reach. The book’s research interest in translation processes, agency and power relations among policy actors positions it in studies on policy transfer, policy borrowing and globalization. However, different from conventional approaches, this study draws on additional interpretive frameworks such as new materialism. (shrink)

Starting from the observation of the seriousness and recurrence of the “European crises” for more than fifteen years, this article proposes to study one of their main causes: the “midstream” that characterizes the contemporary political and institutional situation of Europe, in particular of the European Union, the eurozone and the Schengen area, that is, the unsustainable tension between, on the one hand, the irreducibly contradictory diversity of the member states of these institutions at this intermediate stage of (...) their integration, and, on the other hand, the necessity, for the overcoming of the crises, of the accomplishment of their integration into a European political unity. The main thesis of the article is that only such a unification could overcome the current crises, provided that it is open to the rest of the world, on the internal mode of hospitality and external mode of contribution to the unification of the world itself. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; (...) Directive 2014/23/eu of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

Governing Europe is the first book to systematically link Michel Foucault's hypotheses on power and 'governmentality' with the study of European integration. Through a series of empirical encounters that spans the fifty-year history of European integration, it explores both the diverse political dreams that have framed means and ends of integration and the political technologies that have made 'Europe' a calculable, administrable domain. The book illustrates how a genealogy of European integration differs from conventional approaches. (...) By suspending the assumption that we already know what/where Europe is, it opens a space for analysis where we can ask: how did Europe come to be governed as this and not that? The themes covered by this book include: * the different constructions of Europe within discourses of modernization, democratization, insecurity and 'governance' * the imprint of modernism, liberalism, ordoliberalism, neoliberalism and crime on the identity of the European Community/European Union * the historical relationship between European government and specific technologies of power, technologies as diverse as planning, price control, transparency and benchmarking. (shrink)

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)

The Director-General of the WHO has suggested that China’s approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China’s political power is concentrated in the central government. This enables it to take immediate (...) measures that affect the entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in (...) mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

rgen Habermas' response to the European Union democratic deficit calls for a minimal threshold of democratic legislation through an explicit constitutional founding. He defends a model of freedom as autonomous self-determination by proposing to tie basic rights in the EU to a univocal form of European-wide popular sovereignty. Instead of constructing a common European political identity, I appeal to the novel democratic potential of institutions in the EU such as the Open Method of Coordination for (...) mediating overlapping sovereignties in accord with freedom as non-domination. The concluding example of basic rights to effective participation for immigrants and permanent minorities illustrates the strengths of Iris Young's and James Bohman's republican views of non-domination over Habermas' call for a European-wide collective willing. Key Words: James Bohman • democratic deficit • European Union • freedom • Jurgen Habermas • non-domination • Open Method of Coordination • republicanism • sovereignty • Iris Young. (shrink)

The political integration of the European Union is fragile for many reasons, not least the reassertion of nationalism. That said, if we examine specific practices and infrastructures, a more complicated story emerges. We juxtapose the political fragility of the EU in relation to the ongoing formation of data infrastructures in official statistics that take part in postnational enactments of Europe’s populations and territories. We develop this argument by analyzing transformations in how European populations are enacted through new (...) technological infrastructures that seek to integrate national census data in “cubes” of cross-tabulated social topics and spatial “grids” of maps. In doing so, these infrastructures give meaning to what “is” Europe in ways that are both old and new. Through standardization and harmonization of social and geographical spaces, “old” geometries of organizing and mapping populations are deployed along with “new” topological arrangements that mix and fold categories of population. Furthermore, we consider how grids and cubes are generative of methodological topologies by closing the distances or differences between methods and making their data equivalent. By paying attention to these practices and infrastructures, we examine how they enable reconfiguring what is known and imagined as Europe and how it is governed. (shrink)

Background The European Union aims to optimize patient protection and efficiency of health-care research by harmonizing procedures across Member States. Nonetheless, further improvements are required to increase multicenter research efficiency. We investigated IRB procedures in a large prospective European multicenter study on traumatic brain injury, aiming to inform and stimulate initiatives to improve efficiency. Methods We reviewed relevant documents regarding IRB submission and IRB approval from European neurotrauma centers participating in the Collaborative European NeuroTrauma Effectiveness Research (...) in Traumatic Brain Injury. Documents included detailed information on IRB procedures and the duration from IRB submission until approval. They were translated and analyzed to determine the level of harmonization of IRB procedures within Europe. Results From 18 countries, 66 centers provided the requested documents. The primary IRB review was conducted centrally or locally and primary IRB approval was obtained after one, two or three review rounds with a median duration of respectively 50 and 98 days until primary IRB approval. Additional IRB approval was required in 55% of countries and could increase duration to 535 days. Total duration from submission until required IRB approval was obtained was 114 days and appeared to be shorter after submission to local IRBs compared to central IRBs. Conclusion We found variation in IRB procedures between and within European countries. There were differences in submission and approval requirements, number of review rounds and total duration. Research collaborations could benefit from the implementation of more uniform legislation and regulation while acknowledging local cultural habits and moral values between countries. (shrink)

In 2004 a survey was conducted in the member states of the European Union designed to gain greater insight into the views on control strategies for foot and mouth disease, classical swine fever, and avian influenza with respect to the epidemiological, economic and social-ethical consequences of each of these animal diseases. This article presents the results of the social-ethical survey. A selection of stakeholders from each member state was asked to prioritize issues for the prevention and control of these (...) diseases. A majority of stakeholders chose preventive measures as the preferred issue. An analysis was done to determine whether there were differences in views expressed by stakeholders from member states with a history of recent epidemics and ones without such a history, and whether there were regional differences. There were no differences between member states with or without a history of recent epidemics. There were indeed regional differences between the priority orders from Northern and Southern Europe on the one hand, and from Eastern Europe on the other. (shrink)

We reviewed the current state of knowledge regarding visual function and its suitability as part of medical examinations for driving licenses. We focused only on Group 1 drivers. According to previous studies, visual acuity, which is the most common test, is weakly associated with a higher risk of road accidents, with a greater role of visual field. The inclusion of the visual field test in medical examinations is therefore important, but the actual limit value is still unclear and further research (...) in specific situations is needed. Color vision impairment was not found a threat to traffic safety. Contrast sensitivity decreases with age and is affected by abnormal eye conditions. Resulting glare can lead to an increased risk of traffic accidents during night driving in the elderly and others with conditions that impair contrast sensitivity. However, the universal cut-off limits have not been established either. The current European Union (EU) regulations therefore reflect minimum common denominator across the member states which may not entirely translate to optimal driving safety. Due to these open questions, standardized testing in simulators or on polygons that simulate real life conditions would be needed to better determine safe limits of visual function in different conditions. As there is a need to have better standardization across Europe regarding the requirements and rules regarding driving licenses in European countries, we first analyzed existing rules and compared them with each other, also in terms of deviations from the EU directive itself. We reviewed the literature in this field and prepared proposals for a more optimal regulation of the rules in the future. Particular attention is paid to the new method of examining the visual field that was created to respect the European directive. The paper can serve as a basis of information for research teams to design further protocols, as it gathers research findings to date on the importance and impact of various visual functions on driving safety, as well as a starting point for a debate on revising existing rules for obtaining and maintaining licenses, as it compares the current regulations in European countries and differences between them. (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)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to (...) have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet Mohammad, the (...) article reveals that both modern and postmodern European cartoons have been centred around equally discriminatory narratives: a 'clash of civilizations' and 'racialization of religion'. Since open racial stereotyping in cartoons became illegal in the postmodern international regulations, traditional discriminatory practices of cartooning have shifted towards subtle, 'liquid' racism. This decodes some of the twelve Danish cartoons as ambiguous strategies of racialization of Muslim immigrants in Europe but also as hate speech which is illegal in the European Union, and member states of the Council of Europe. The author concludes that the most current European and international regulations of hate speech, whether concerning offline media or online media, actually protect free speech. While a truly clear-cut regulation of liquid racism might remain problematic in Europe due to the lack of a universally accepted definition of hate speech, neither strict legal regulations nor different definitions of hate speech could diminish the role of political cartooning as a viable free speech platform in the multicultural landscape of Europe. Ultimately, what diminishes its viability is the enduring lack of diversity in the creation of visual satire, which could and should reflect the multicultural reality of communities, politics and societies in Europe. (shrink)

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very (...) existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership. (shrink)

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. -/- Just like international law, EU law applies primarily to (...) the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. -/- According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. -/- Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles. (shrink)

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very (...) existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership. (shrink)

English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized (...) than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law which differs significantly from continental law existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse. (shrink)

Organizations such as multinational corporations are the most important form of business globally. The defining role on the world economy could be seen at the onset of the financial crisis of 2008, but also in the recent events related to the Covid-19 pandemic, when corporations transformed their production lines to respond to the need for protective equipment for the frontline workers in the health system, but also for the broader population. Through Foreign Direct Investment, multinational corporations make a positive impact (...) on economies around the world. In addition to contributing to the local development of areas where they setup subsidiaries, multinational corporations are a form of integration of a local economy into the global economy. In the Romanian economy, multinational corporations play a decisive role, representing the companies with the highest turnover, but also the most desired employers for those looking for a job. (shrink)

Cosmopolitanism is said by many critics to be arrogant. In emphasizing universal principles and granting no fundamental moral significance to national or other group belonging, it wrongly treats those making non-universalist claims as not authorized to speak, while treating those in non-Western societies as not qualified. This book works to address such objections. It does so in part by engaging the work of B.R. Ambedkar, architect of India's 1950 Constitution and revered champion of the country's Dalits (formerly "untouchables"). Ambedkar cited (...) universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the affirmation of equal standing within political institutions and openness to input and challenge within them. This book examines how an "institutional global citizenship" approach to cosmopolitanism could similarly advance political humility, in supporting the development of input and challenge mechanisms beyond the state. It employs a grounded normative theory method, taking insights for the model from field research among Dalit activists pressing for domestic reforms through the UN human rights regime, and from their critics in the Hindu nationalist Bharatiya Janata Party. Insights also are taken from Turkish protesters challenging a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union-in part because of possibilities that predominantly Muslim Turkey will join. Overall, it is shown, an appropriately configured institutional cosmopolitanism should orient fundamentally to political humility rather than arrogance, while holding significant potential for advancing global rights protections and more equitable rights specifications. (shrink)

Migrant nurses form an increasing proportion of the nursing workforce, with the United Kingdom (UK) being the third most popular destination for overseas nurses in the world. The migrant nurse workforce is highly susceptible to policy changes at the macro or professional level of the donor and recipient countries. Freedom of information requests were issued to 19 National Health Service [NHS] Trusts in England to determine their involvement in overseas nurse recruitment activity from 1998 onwards. These indicate a notable shift (...) away from active European Union (EU) recruitment and towards overseas countries particularly the Philippines and India. Reasons given were as follows: diminishing returns from EU sources, high attrition among EU nurses and the introduction of English language tests for EU nurses in July 2016. This led to Trusts revisiting their recruitment strategies by increasing more direct/less resource‐intensive methods and expanding their focus outside of the EU. Trusts frequently utilised private recruitment companies for their recruitment drives, including consulting and influencing the Trusts’ workforce strategies. Policy adjustments have numerous influences on the composition of the overseas nursing workforce. While the NHS continues its efforts in expanding its international nursing workforce, this should not be at the expense of ethical and sustainable recruitment practices, which may be compromised indirectly as a result. (shrink)

The economic crisis in Europe exposes the European Union’s political fragility. How a polity made of very different states can live up to the motto “Europe united in diversity” is difficult to envisage in practice. In this paper I attempt an “exegesis”—a critical explanation or interpretation of a series of published pieces (“the Series”) which explores, first, if European unity is desirable at all. Second, it presents a new methodology—analogical hermeneutics—used throughout the Series to approach the (...) problem of unity. Third, it conceptualises the source of unity as political identity. Fourth, it advances that the vehicle to share such identity is an analogical language: the political culture of human rights. Fifth, it submits the conditions under which such political culture could ground political identity through an open public sphere. Finally, it presents a way in which solidarity can grow as the increasingly diverse citizens of the European Union interact with each other. Even though the economic crisis can be solved by means of sound economic strategy (which is not the main object of my work), any successful economic strategy requires—as a precondition—a certain degree of political unity (the central concern of my research). (shrink)

The paper deals with the governance of Unmanned Aircraft Systems in European law. Three different kinds of balance have been struck between multiple regulatory systems, in accordance with the sector of the governance of UAS which is taken into account. The first model regards the field of civil aviation law and its European Union ’s regulation: the model looks like a traditional mix of top-down regulation and soft law. The second model concerns the EU general data protection law, (...) the GDPR, which has set up a co-regulatory framework summed up with the principle of accountability also, but not only, in the field of drones. The third model of governance has been adopted by the EU through methods of legal experimentation and coordination mechanisms for UAS. The overall aim of the paper is to elucidate the ways in which such three models interact, insisting on differences and similarities with other technologies, and further legal systems. (shrink)

Young adults in Europe have more difficulty than previous generations to maintain or improve on their parents’ housing situation. Recommodification, financialisation and the withdrawal of the state as housing provider have transformed housing markets and affected the housing situation of young people. By drawing on various data sources, especially on the EU-Statistics on Income and Living Conditions, I aim to present a differentiated assessment and comparison of current housing conditions and problems in Europe with a focus on young (...) people. I argue that a rights-based housing strategy with an explicit intergenerational justice perspective is a promising approach to tackle the housing crisis in a way that meets the housing needs of young people. (shrink)

The European Commission produces the European Core Health Indicators, a database containing different tools used to compare European Union countries and recommend policy changes. The ECHI feeds multiple reports and documents and finds its way into health policies. From this arises the main research question addressed in this paper: How is health in Europe influenced by ECHI data practices? Specifically, we look at how some health issues or populations are prioritized or dismissed, which ultimately shapes the (...) meaning of and knowledge about health in Europe. To do so, we first develop the conceptual framework of “data performativity,” underlining how data practices shape their object/subject. We then explore the politics of evidence behind the ECHI health data that materialize into the absence of some health issues and populations and the hypervisibility of neoliberal health. In the end, we argue, the ECHI serves as a site of individual, collective, and political identity enunciation. (shrink)

The 1950s were a frenetic moment in the European integration process during which the European Economic Community (EEC), the ultimately abortive Free Trade Area (FTA), and subsequently the European Free Trade Association (EFTA) were all negotiated. Trade unions showed keen interest in these schemes; moreover, their own highly institutionalised cooperation suggested they might come to play a key role in shaping them. And yet scholars have argued how divergent traditions and domestic pressures precluded the emergence of a (...) coherent trade union platform on European unity. While not rejecting the structural weaknesses of union internationalism in this regard, this article asks why union centres nevertheless continued to engage with one another on the integration question. Focusing on the British Trade Unions Congress (TUC) and deploying a transnational approach to best understand the interaction between the national and international levels, it shows that union linkages still offered the TUC and its counterparts a valuable chance to learn from and persuade others – and even their governments – of their views, objectives and affairs. Such trade union diplomacy was thus in and of itself valuable despite wider union spats and misgivings, and did at times impact the broader language and approach of the countries involved. (shrink)

This chapter first considers whether and to what extent the European Union labors under a democratic deficit. When considering the contending conceptions of democracy in Europe it is needed to keep in mind that there also are analysts who disagree that the European Union suffers from a democratic deficit. The chapter briefly assesses the European Union against the two criteria of autonomy and accountability, in order to get a clearer sense of the Union's democratic deficit, which (...) then appears as a representative‐democratic deficit. The chapter examines the effects of the crisis on the prospects of remedying the European Union's democratic deficit. Most citizens are still exhibiting restraint and there appear to be further crisis handling measures in the pipeline. Many of the proposals for further changes underline the need to strengthen democracy, including measures to reinforce interparliamentary coordination and cooperation. (shrink)

Recent European and member state policy shows innovation to be a current guiding logic of government. This article offers an analysis of how innovation, seen partly in terms of learning but more significantly in terms of research, forms part of the discourses and practices of government today. Research is now something that all actors must engage with and so constitutes the individual's self‐understanding. Both the European and UK policies that I discuss speak of a shift away from excessive (...) measurement and control in order to open the way for greater flexibility, mobility, and thus productive innovation. The openness and mobility required by these policies exemplify a shift in governmental rationality that places responsibility on the individual, not only in relation to their own conduct and performance, but also to that of society as a whole. The demand for competitiveness becomes a demand for innovation and specialisation. The notion of the Big Society is discussed as an example of the operation of the logic of innovation. (shrink)

The date 23 June 2016 brought in front of the United Kingdom and the European Union a very serious challenge named Brexit. In the June 23, 2016 referendum, the British voted to leave one of the most unique international organizations in the world, thus putting the EU in front of the UK’s request for the activation of Article 50 of the Lisbon Treaty, which the EU is facing for the first time. Brexit is opening new chapters in the (...) history of the UK, while the EU is engaging with the procedures of the voluntary withdrawal of an important member state, which is known about its high political and military role in the world. Some experts of international relations and European studies say that Brexit will have much more consequences for the UK, some for the EU, but truth is that Brexit will be accompanied with many consequences for both of its protagonists. Its risks are very serious so they may result with the dissolution of the UK. Meanwhile, the increase of euroscepticism within the EU’s member states, with particular emphasis the presence of Eurosceptic voices in its most important members is at a very worrying level. Based on these facts, the knowledge about the real meaning of Brexit is necessary. Therefore, the main focus of this research lies in the classification of the main political consequences of Brexit for the UK and the EU. (shrink)

In 2004 a survey was conducted in the member states of the European Union designed to gain greater insight into the views on control strategies for foot and mouth disease, classical swine fever, and avian influenza with respect to the epidemiological, economic and social-ethical consequences of each of these animal diseases. This article presents the results of the social-ethical survey. A selection of stakeholders from each member state was asked to prioritize issues for the prevention and control of these (...) diseases. A majority of stakeholders chose preventive measures as the preferred issue. An analysis was done to determine whether there were differences in views expressed by stakeholders from member states with a history of recent epidemics and ones without such a history, and whether there were regional differences. There were no differences between member states with or without a history of recent epidemics. There were indeed regional differences between the priority orders from Northern and Southern Europe on the one hand, and from Eastern Europe on the other. (shrink)

After coming into force of the Treaty of Lisbon it is acknowledged that better control and respect of the principle of subsidiarity is one of the most important and innovative goals of the Treaty. To achieve this goal, the Treaty introduces a mechanism which, apart from checking compliance of draft legislative acts with that principle, may eventually lead to a draft act to be deleted from the legislative agenda of the European Union on grounds of violation of subsidiarity. (...) Within this mechanism, crucial role is attributed to the national parliaments of the Member States. In this article, the reasons for overall inclusion of national parliaments in the European Union (hereinafter EU, the Union) activities are analysed. The role of national parliaments in the EU according to the specific provisions of the EU treaties is also discussed and the largest part of the work is devoted to the ex ante subsidiarity principle control mechanism (the Early Warning System), which gives the right for the national parliaments to influence the EU legislative process. (shrink)

The debate on the nature of the European Union has become a test case of the kind of political and institutional arrangements appropriate in an age of globalization. This paper explores three views of the EU. The two main positions that have hitherto confronted each other appeal to either cosmopolitan or communitarian values. Advocates of the former argue for some form of federal structure in Europe and are convinced that the sovereignty of the nation state belongs to the (...) past. Proponents of the latter make a case on both socio-political and normative grounds for a Europe of nations. However a third position, favoured by the authors, is gaining ground. This view combines cosmopolitan and communitarian conceptions. It emphasises the mixed nature of the European polity and conceives the constitutionalization process as open-ended. The paper concludes that from this perspective a bricoleur's Europe of ‘bits and pieces’may not necessarily lack justification and legitimacy. (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)

Responsible Research and Innovation (‘RRI’) is a cross-cutting priority for scientific research in the European Union and beyond. This paper considers whether the way such research is organised and delivered lends itself to the aims of RRI. We focus particularly on international consortia, which have emerged as a common model to organise large-scale, multi-disciplinary research in contemporary biomedical science. Typically, these consortia operate through fixed-term contracts, and employ governance frameworks consisting of reasonably standard, modular components such as management committees, (...) advisory boards, and data access committees, to co-ordinate the activities of partner institutions and align them with funding agency priorities. These have advantages for organisation and management of the research, but can actively inhibit researchers seeking to implement RRI activities. Conventional consortia governance structures pose specific problems for meaningful public and participant involvement, data sharing, transparency, and ‘legacy’ planning to deal with societal commitments that persist beyond the duration of the original project. In particular, the ‘upstream’ negotiation of contractual terms between funders and the institutions employing researchers can undermine the ability for those researchers to subsequently make decisions about data, or participant remuneration, or indeed what happens to consortia outputs after the project is finished, and can inhibit attempts to make project activities and goals responsive to input from ongoing dialogue with various stakeholders. Having explored these challenges, we make some recommendations for alternative consortia governance structures to better support RRI in future. (shrink)

In this article I scrutinise a crucial tension in understanding the debate over shale gas production in Europe. On the one hand, analyses predominantly grasp the debate in terms of pro-and-con dialectics, as if the pro-shale gas camp faced the anti-shale gas camp in a dyadic clash of opposing voices. On the other hand, it is commonly recognised that this debate is driven by multi-party and multi-position argumentative dynamics. In this broader context, I focus on one pivotal contribution to (...) the debate – Gazprom’s press release from October 2013 outlining Russia’s energy giant’s strategy of dealing with unconventional gas production. I employ concepts and methods of argumentative discourse analysis to contend that an arguer to a multi-party debate – argumentative polylogue – faces a number of constraints and opportunities that cannot be adequately grasped in terms of dyadic pro-and-con dialectics. The analysis reveals how Gazprom needs to simultaneously design its discourse to address a number of other parties who might also disagree among themselves: from Greenpeace to European Union governments to shale gas companies. I show why and how a stakeholder analysis used in organisational communication might lead to a better understanding of this form of multi-party public argumentation. (shrink)

The prevalence and negative impact of brain disorders are increasing. Clinical Neuropsychology is a specialty dedicated to understanding brain-behavior relationships, applying such knowledge to the assessment of cognitive, affective, and behavioral functioning associated with brain disorders, and designing and implementing effective treatments. The need for services goes beyond neurological diseases and has increased in areas of neurodevelopmental and psychiatric conditions, among others. In Europe, a great deal of variability exists in the education and training of Clinical Neuropsychologists. Training models (...) include master’s programs, continuing education courses, doctoral programs, and/or post-doctoral specialization depending on the country, with no common framework of requirements, although patients’ needs demand equal competencies across Europe. In the past five years, the Standing Committee on Clinical Neuropsychology of the European Federation of Psychologists’ Association has conducted a series of surveys and interviews with experts in the field representing 30 European countries. The information, along with information from the existing literature, is used in presenting an overview of current and relevant topics related to policy and guidelines in the training and competencies in Clinical Neuropsychology. An option for the way forward is the EuroPsy Specialist Certificate which is currently offered in Work- and Organizational psychology and Psychotherapy. It builds upon the Basic Certificate and complements national standards without overriding them. General principles can be found that can set the basis for a common, solid, and comprehensive specialty education/training, sharpening the Neuropsychologists’ competencies across Europe. The requirements in Clinical Neuropsychology should be comparable to those for the existing specialty areas in the EuroPsy model. Despite the perceived challenges, developing a Specialist Certificate appears a step forward for the development of Clinical Neuropsychology. Recommendations are proposed towards a shared framework of competencies by the means of a common level of education/training for the professionals in Europe. Benchmarking training standards and competencies across Europe has the potential of providing protection against unqualified and ethically questionable practice, creating transparency, raising the general European standard, and promoting mobility of both Clinical Neuropsychologists and patients in Europe, for the benefit of the professional field and the population. (shrink)

In my 2018 article in this journal, I described 15th-century Italian astronomer Giovanni Bianchini’s treatment of the problem of stellar coordinate conversion in his Tabulae primi mobilis, the first correct European solution. In this treatise Bianchini refers to a book he had written previously, containing the same error that had plagued his predecessors’ work on the problem. In this article, we announce the discovery of this earlier treatise. We compare its canons and tables to Bianchini’s later work, noting the (...) places where the contents overlap. We analyze his mathematical methods and the unique tables he constructed for converting stellar coordinates, including the earliest known European arc sine table, that he would abandon only a few years later. (shrink)

The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the (...) spirit of the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. (shrink)

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

This article investigates media representations of the European financial crisis in Greece and Italy. We study the Euro crisis as an ‘emergency situation’ with domino effects, where media played a central role in shaping communication practices at the national level as well as between the two countries. Drawing upon vertical and horizontal dynamics of Europeanization, we map the convergences and divergences in media discourses that surround the period 2011–2015. In doing so, we elaborate a qualitative analysis of newspaper articles (...) focusing, in particular, on the themes of austerity and the fragmentation of Europe. Our argument suggests that national public spheres in times of transnational crisis become increasingly nationalized; yet under certain circumstances such as when the supranational infrastructure is the target of blame, they converge, opening the path toward a transnational discursive dialogue. (shrink)

This article analyzes business and union strategies in the reform of job security regulations. It argues that unions are the main political actors pushing for their expansion of regulations, but given employers’ opposition, unions are able to enforce better protection only in exceptional periods. Once the first restrictions are in place, employers use their power advantages at the workplace level to circumvent regulations, which unions combat by reducing the level of discretion awarded to employers in interpreting regulations. In recent decades, (...) job security regulations have come under increasing pressure. Unions have reacted to this new situation by consenting to the continuous deregulation of temporary employment, while they fight any attempt at deregulating job security in open-ended contracts in order to protect their members’ interests and their institutional involvement in the administration of dismissals. The theoretical argument is supported by empirical evidence from four Western European countries since the postwar period. (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)

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent (...) supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)