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 Lisbon Treaty’s ratification is complete. This article makes two related claims, one ethical, the other empirical. First, the EU should now be developed with the aim of making it a (more) just institution; and second, the amendments to the Treaties now introduced provide the constitutional inspiration so that the EU can so develop. In particular, there is a prospect for appropriate standards of justice to be applied in part through a revised philosophy of EU law. The article argues (...) that a human rights based approach to values, although not without its difficulties, provides the least divisive and most effective means of achieving this revision. (shrink)

The present article analyses the issues of the legal definition of the European Union. It has been noticed a while ago that the EU has outgrown the “gown” of a typical international organisation and that it has acquired some features specific to a State-like entity. It is no coincidence that some authors accentuate that the EU is a specific, unconventional international organisation, some – that it is an entity, very similar to a State (an incomplete federation, a post-modern State), (...) others, not being satisfied with the traditional distinction between an international organisation and a State, are trying to develop the third category, calling the EU sui generis organisation or supranational organisation. The arguments concerning the EU model of integration continue even after the Treaty of Lisbon entered into force. Not being able to fit this legal phenomenon into the usual typological scheme we need to consider the development of a new theory enabling to define the new phenomenon. The definition of this kind of category meets several obstacles: it is a unique legal phenomenon, it is constantly changing and, furthermore, the hybrid nature of the Union induces to qualify the EU following either the criteria of international or of national constitutional law while elaborating the abovementioned synthetic category. (shrink)

A key dividing line in the literature on post-national citizenship concerns the role of collective identity. While some hold that a post-national form of identity is desirable in developing citizenship in contexts such as the European Union (EU), others question the defensibility of a collective identity at this supra-national level. The aim of this article is to intervene in this debate, drawing on qualitative research to consider the extent to which post-national citizenship should be accompanied by a (...) form of post-national identity. The article takes the UK as a case study, and explores tensions between the immigration policies and rhetoric of the Coalition Government since 2010 and the post-national citizenship rights of EU citizens migrating into British local communities. It draws on independently collected qualitative data from the county of Herefordshire, UK, to argue that the persistent reinforcement of national identity reproduces national lines of difference which further problematise the full realisation of European citizenship. At a theoretical level, this highlights the need for the development of post-national citizenship rights to be accompanied by a paradigmatic shift in the way that collective identity is constituted in post-national contexts. (shrink)

How to reconcile a European identity that is still quite indefinite with the national identities that have been engines of development, but failed to resolve the issue of ensuring peace and eliminating war as a way of settling differences? Solving the problem of European identity vs. national state identity is the cornerstone for the development of new European institutional architecture. The more the future vision of Europe promotes a deeper integration of the current European nation states, the greater is the (...) fear of the latter to the “danger” of losing its identity. What is, in fact, this identity and would be its disappearance a great disaster? How can be lost the national identity and how it could be replaced by a European identity? Here are just some troubling questions that Europeans today consciences. (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)

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 reexamines the case law of the Court of Justice of the European Union (CJEU) through the prism of the modern structure of the foundational treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Lisbon Treaty has reshaped the structure of the positive law of the EU, marking a new stage in the process of creating a closer union. For EU procedural law, this has led (...) to the formal establishment of three focal points which reflect the issues involved. At one extreme, are general principles of EU law, which have constitutional status including the general principle of effective judicial protection. In the middle of the spectrum are two provisions which recognize the balancing of national and EU interests required at the procedural level. Finally, the treaties recognize the possibility for substantive regulation at the EU level. (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)

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)

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

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its (...) implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its (...) implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its (...) implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

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

Existing research shows consistently high levels of concern among people in the UK over the scale of immigration and its impact on jobs, wages and services. At the same time, that same body of research does not provide much in the way of detail about the nature of these concerns. This is partly because much of the data is from opinion polls which say little about the priorities and perspectives that underlie the aggregate numbers. Moreover, very little research has been (...) carried out on what new immigration policies the British public would like to see once the UK leaves the EU and free movement ends. Our research for this report aims to fill these gaps by providing evidence about how people use and understand information about economic impacts of immigration, and what they might wish to see from new, post-Brexit, policies. (shrink)

Four decades have passed since the EU and China established diplomatic relations in 1975, and now became mutually indispensable economic partners, presenting both an opportunity and challenge. During that time, after the first market reforms were introduced in 1978, China has transitioned from a predominantly agricultural to industrial and service-oriented economy. On 11 December 2001, China also became the 143rd member of the WTO. The aim of this research is to quantitatively compare the US, EU and Chinese GDP from 1995 (...) to 2014, the US and Chinese outward FDI from 1995 to 2013, and the EU 28 Total Imports from and Exports to the US and China between 2002 to 2014, and analyse the impact of the exponentially rising Chinese investments in the European Union (EU). We have found that while the US economy experienced a regression in general, and exhibited outward FDI exponential decrease in particular, the Chinese outward FDI sustained an exponential growth. Our analysis has shown that the now weakened US dollar and diminished US economic and industrial power, along with the US designed and archaic post World War II European institutions, vitiated by the recent US Economic Recession, which has swept along the EU and all other US dependent foreign economies globally, are and will continue to experience the primary impact of the exponentially rising economic investment of China in the EU. Furthermore, we have found that the Chinese economic growth has been affecting both the EU identity and policies. Yet, its full effect is waiting to be realized. The Chinese investment in the EU is estimated to peak during the next decade, when China will become by far the foremost economic partner of the EU. This crossroad may be reached as soon as in few years’ time and contribute towards the EU – Asian regional stabilization. In the changing context of the Sino – EU - US relations, due to the exponentially growing economic prosperity and rising global influence of China, the EU international institutions and socio-political structures will re-emerge with the once forgotten access to the 21st Century Silk Road Economic Belt, “The Silk Road II”, between China and the EU in the foreseeable future. (shrink)

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

This essay connects Benedict Anderson’s analysis of print capitalism as the enabling feature of modernity for the emergence of nationalism with an account of pre-modern sacral imaginings. It argues, following Bronislaw Szerszynski, that the contemporary post-modern ordering of the sacred vis-à-vis nature and culture designates a ‘partial-return’ to pre-modern imaginings and a reterritorialisation of religions which engenders emerging multiplicities and co-existing differences. It argues furthermore that the nation state, an institution of modernity cannot adequately respond to the antagonisms generated (...) by the post-modern ordering of human communities and their identities. However, though this new ordering may be conceived, following Robert Bellah, as neo-archaic, it may also be conceived as neo-medieval. Accordingly, this essay proposes that the most congenial configuration to the post-modern ordering is the neo-medieval model of fuzzy borders and overlapping jurisdiction, particularly as it pertains to Albanian national identity and EU integration as a post-secular alternative to secular national-determination on the one hand, and neo-Ottomanist theocracy on the other. (shrink)

BackgroundIn Italy, the COVID-19 pandemic has caused a collective trauma. Post-traumatic growth has been defined as the subjective experience of positive psychological changes as a result of a traumatic event. PTG can involve changes in five psychological main dimensions: relating to others, new possibilities, personal strength, spiritual change, and appreciation of life. In the context of national emergencies, those PTG dimensions encompassing changes at the social level can play a role in coping strategies that involve a renewed sense of (...) self and one’s social identities, including national identities, and in turn, foster a stronger sense of trust and connection to others.AimTo investigate how each of the five PTG dimensions mediates the association between the salience of national identity and interpersonal trust in a sample of Italian young adults. Trust in national and European institutions were expected to positively predict the strength of the Italian national identity which in turn was expected to be positively associated with interpersonal trust, and the PTG relating to others dimension to mediate this association.MethodThis study involves the secondary analysis of data from a representative sample of 2,000 Italian young adults. Participants completed a web survey during the peak of the COVID-19 crisis in Italy with measures of trust in EU and national institutions, national identity, interpersonal trust, and the PTG Inventory. Structural equation modeling procedures were employed for key hypotheses tests.ResultsTrust in national institutions positively predicted national identity, which in turn was positively associated with interpersonal trust. Evidence of a full mediation effect of the PTG relating to others dimension on the association between national identity and interpersonal trust was found.DiscussionFindings contribute to clarify the psychological responses to collective traumas. In the context of Italy’s COVID-19 crisis, trust in national institutions reinforced Italian national identity, which was in turn associated with greater interpersonal trust, but only when psychological responses to the trauma involved changes in how individuals perceived and related to others, and not merely a focus on the self. Theoretical and practical implications are discussed. (shrink)

This study aims at chronicling current aspects and transformations in the relationship between the Jehovah's Witnesses religious minority and the Romanian state (1989-2010), focusing on this religious group's changing official status. Considering both previous contributions and debates on the relations between state and religion, and the distinction between the concepts of denomination versus sect, the present work analyzes the key issues of the long-lasting conflict between the state and this particular religious minority, as well as the factors influencing these relations (...) in Post-Communist Romania. It will be argued that the latest improvements concerning the recognition of religious freedom (Jehovah's Witnesses were officially recognized as a religious denomination in 2003) owes less to internal factors than to an external influence, namely the pressure exerted by the international community at the time of Romania's accession to both NATO and the EU. Furthermore, the study concludes that the evolution of the relation between the state and the Jehovah's Witnesses has influenced the background on which this relation has evolved, as well as the internal evolution of the religious minority. (shrink)

U radu se analizira institucionalizacija ideje evropskog gradjanina u promenama sadrzanim u Lisabonskom Ugovoru. Zakljucak je da promena ima u odnosu na vazece dokumente koji tvore EU, da se one najbolje mogu razumeti preko 'pragmatickog modela' analize individualnog i grupnog identiteta i da one impliciraju uvecanje demokratskog potencijala kategorije evropskog gradjanina.

Tax Revenues of Post - Communist E.U. Member Countries This article aims to analyze and evaluate tax policy of 10 post communist countries of the EU, especially the Slovak Republic and Czech Republic, during the their first 5 years in the community through the development of their tax revenues. Data to analyze are the data of the European Commission for the years 2003 to 2008. The subject of analysis is the total tax burden and the tax structure, i.e. (...) direct and indirect taxes, VAT, excise tax, environmental taxes, personal income tax and corporation tax. The analysis uses charts of the development of the monitored values.Overall, it is possible to say that although the 10 post-communist countries joined the European Union in the same period, and although in general these countries face similar problems in the economic and tax policies, their response to internal and external influences in area of tax revenues and mix are very often different. This is due to both their historical and cultural traditions, so the current specifics. (shrink)

In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law and why it is unlikely to work in the future. First, we consider discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon Treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European (...) constitution. Second, we perform an analysis of Article 80 through the conceptual history of solidarity, in particular, the dominant Roman law tradition of obligation in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a misnomer: already on structural grounds, Article 80 should be read as an alliance clause, countering a threat of irregular immigration. Third, we find that the practice under Article 80 as it develops during the period between 2015 and the 2020 European Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defence alliance it is. (shrink)

In the post-Single European Act period, debates around European identity have intensified, particularly in the context of EU enlargement. The EU’s move to being a supranational political entity in the past two decades has caused serious concerns in some sections of the elite and people across the EU member states. While French and Dutch rejections of the constitutional treaty set an important milestone, Turkey’s quest for the EU membership has complicated to a great extent controversies on European identity. The (...) reviewed books here contribute to efforts to understand the extent to which European identity and Turkey’s bid for the EU membership has entangled. It is more likely to witness debates around both European identity and Turkey’s candidacy for the Union for many years to come; therefore, these books will more likely remain relevant for the academic and policy circles. (shrink)

This article examines the transference of the European Union's equal opportunity directives to the new post-socialist accessor states, most especially to Bulgaria and Romania. Drawing upon 13 interviews in Bulgaria and 12 in Romania with local institutional stakeholders — e.g. trade union deputies, ministry officials — the article shows how politico-ideological differences have bred very different gender sensibilities across Europe, East and West. It further reveals how these disparities have been downplayed, if not wholly ignored in the EU's extension (...) eastward. The study concludes that continued disregard of the historical and cultural specificities of power relations between men and women in the formerly socialist, new EU member states threatens the efficacy of the EU's `gender equality agenda' and more generally, the integrity of the EU as a self-purported democratic body. (shrink)

Worldwide and certainly in the EU, we are silently rather advanced in a new economic logic, a new economic paradigm. This is a huge transformation of the very tool of production, comparable to the shift from agriculture towards industry, last century. And at least in the positive scenario, this post capitalist logic represents a huge shift towards human and nature centred economic logic. Our society is exposed to radical changes in basic paradigms, dealing with challenges that were unknown few (...) decades ago. E.g.: The negative scenario of manipulation of human body and mind is also prospering and very active today. The widely discussed topic is sustainability of current quantitative growth and the shift into qualitative character of economic growth. The valuation of capital is influencing both micro and macro levels. The value of human capital is becoming primary and machines are becoming secondary. Advancements toward the knowledge society lead to fundamental changes in the nature of power, trade, economy, money, and management. The paper introduces positive role of competent human beings, who produces knowledge from knowledge, their opportunities and their achievements. The paper deals with the new definition of economy, new way of understanding of a value – adding a special value to objects composed of raw materials. Accepting a complexity of a creation process, most observers now agree that humans use their bodies, their minds and their souls, to create. The importance of abstract values rises in importance. We are shifting from the machine and factory towards the human person. Under the trial and error approach, we are supposed to allow errors and cover them. The innovative management must respect the body mind and souls of his personnel. (shrink)

A key feature of recent debates on European Union (EU) integration is the attention paid to the issue of European society, to what extent it exists, what form it takes, and its role in the integration process. This interest in European society has emerged within three academic discourses: EU governance; post-national citizenship; and the democratic deficit. The EU's own understanding of European society reveals how the need to govern transnational space has replaced the need to construct the EU as (...) a nation-state `writ large'. At issue is the extent to which nascent European society can be conceived as a unified and cohesive civil society. It is argued that the emerging agenda on European society points to the need to more fully understand the dynamics of transnational European social spaces, which itself requires an understanding of globalization which allows for the possibility that it may work in ways other than to promote integration. (shrink)

This book represents a unique endeavor to elucidate the story of Kosovo's unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and (...) regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo's right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo's state-formation and state-building processes. It explains how the EU's involvement as an 'internationally blended element' in Kosovo's efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform. (shrink)

This paper sets out to examine political thinking in post-totalitarian Slovakia. Using the discourse theory and signification of Laclau and Mouffe, it considers the sign národ (a specific conception of the Slovak nation) in relation to democracy and the EU. Seeking to pinpoint political thinking amongst the general populace, it bases its analysis on an examination of newspaper articles on “Building the State” published in the 1990s. It traces the roots of the sign from the 1960s to the present (...) day and predicts that the EU signifier will impact on the content of the floating signifier of národ. (shrink)

The Europe that was born from Plato's "care for the soul" can today no longer be recognized; it has been replaced by the self-management of the economic EU. How can we now come back to a Europe concerned about its soul, the others, and the world, reinventing itself as a new nation? Jan Patočka's thoughts on post-Europe can show us the way. Starting from some clarifications on the definitely European initial meaning that Patočka detects in Socrates' "care for the (...) soul", the purpose of this article is to examine what in this European spirit can be saved in the post-European age, and to what extent a "European nation" can still make sense. This analysis leads us, building on the visionary texts written in the seventies by Patočka, to rethink the possibilities of a reformation of European reason, and a métanoïa of Post-Europe. (shrink)

The enlargement of the European Union to include eventually Turkey and the former communist countries is a major challenge for our understanding of the meaning of Europe as a geopolitical, social and cultural space. It is also a question of the identity of Europe as one shaped by social or systemic integration. With the diminishing significance of national borders within the EU, the outer territorial frontier is also losing its significance and Europe will become more and more postwestern. It thus (...) appears that the eastern frontier is more flexible than was previously thought. The EU is now at the decisive point of moving beyond postnationality to a transnational encounter with multiple civilizational forms. Enlargement is not just about getting bigger but is crucially a matter of cultural transformation and therefore it differs from all previous dynamics of Europeanization. Rather than tell the story of Europeanization exclusively as one of national histories and of closure, a civilizational analytic offers the possibility of multiple modernities and thus of a more appropriate theorization of the current situation. (shrink)

L’article reconsidère le mouvement des femmes en Albanie dans l’entre-deux-guerres en partant de ses racines ottomanes et en l’examinant à travers la presse féministe de l’époque. En prenant en compte l’ensemble des activités des militantes protestantes formées par les Américains, les bureaucrates post-ottomans et les féministes de la région, j’interprète le mouvement des femmes comme un aspect de la modernité ottomane tardive et comme une initiative marquée par des circulations globales qui ont eu un impact dans la construction de (...) la nation dans l’entre-deux-guerres. En commençant par une synthèse des activités des protestants dans la période tardive ottomane, l’article interroge ensuite la relation entre la bureaucratie post-ottomane et le mouvement des femmes de l’entre-deux-guerres. Enfin, il se termine par l’étude du magazine familial Shqiptarja (La femme albanaise). Soutenu par l’État, le magazine montre l’émergence d’un féminisme local conscient des enjeux globaux. Le féminisme en Albanie dans ces années se révèle ainsi bien plus riche et complexe que dans les travaux nationalistes existant. L’Albanie apparaît comme un espace post-ottoman qui se modernise selon ses propres enjeux avec des féministes capables de s’approprier de manière sélective les messages venant de l’extérieur. (shrink)

This essay takes a critical and reflective look at two recently published books on contentious politics in the Balkans and Eastern Europe: Social Movements in the Balkans and Ideology and Social Protests in Eastern Europe. Focusing on regions somewhat neglected in scholarly analyses of the recent global upsurge of protests, these books aim to fill the gap by highlighting some contextual and regional specificities: a position of economic and geo-political periphery, weak or unconsolidated democratic institutions, post-socialist and transitional environments, (...) societal divisions, etc. By critically assessing both contributions, in a manner that looks for their complementarity, this essay: examines the characteristics of popular mobilizations and grievances in Southeast and Eastern Europe; questions dominant narratives of political and economic transition and EU integration; re-evaluates socialist heritage and post-socialist political trajectories; discusses the possibilities of articulating political alternatives to representative democracy and free market economy; and addresses the burden of conflicting memories and attitudes towards the region?s socialist past. (shrink)

Purpose of the article is to present in two parts the selected aspects of application of monetary policy in the euro area pre and post 2008 as well as insitutional adaptations brought by the EU legislator. Methodology/methods In order to better explain these points, the article relies partially on a comparison with the framework and application of the monetary policy by the Federal Reserve as well as on a historic method when outlining the influence of definition of financial stability (...) from the ECB/eurosystem towards other prominent central banks. Scientific aim The article presents selected aspects of the monetary policy in the part of the EU where single currency was introduced in order to outline state of the art governance structure as well as a certain institutional creativity in application of powers conferred upon the central banks by the Treaty on the Functioning of the European Union and Protocol on the Statute of the European System of Central Banks and of the European Central Bank. The goal is to prove the hypothesis of robustness of the framework and present the limits that can only be pushed further by the legislative power. The conclusions confirm on the one hand that the framework of monetary policy based on strong institutional safeguards such as legislative power and independence is very resilient and can prove efficient and creative enough to stabilise an innovative monetary system, however, on the other hand, validate the hypothesis that certain adaptations can only be performed on the basis of a legislative adaptations. (shrink)

While Taylor and Habermas respectively follow communitarian vs cosmopolitan lines in their political theories, trends in each of their writings on religion in a global context have taken surprising turns toward convergence. However, what both views lack would be a further analytical and normative classification that better captures the pluralistic dimensions of this shared turn. I consider Taylor’s critique of Habermas’ appeals to constitutional patriotism that lead to recanting the exceptionalist thesis attributed to the USA in order to own up (...) to the exceptionalism of European secularity. I then take up the more pragmatic concern of the religion in a global public, using their writings on Islam in the USA and in the EU as a litmus test for the epistemic scope of our respective degrees of Jamesian openness, referring to the inherent potentials for the moral, social and political integration of immigrants and minorities into a more encompassing cosmoi politanism. (shrink)

In the last decades, regional and global integration processes have made the traditional state-centred view of law less and less obvious. Recent discussions revolve around how to conceptually comprehend, critically reflect on and reasonably control these new developments in the global legal arena. The essays in this volume, written by young Central and Eastern European legal theorists and political scientists, contribute to ongoing discussions in our post-national era. The chapters include conceptual analyses, historical and comparative examples, as well as (...) normative discussions in legal theory, ethics, moral philosophy, constitutional theory, EU law and international relations. (shrink)

The paper discusses the identity-building power and motivational force of patriotism. The basic idea underlying the discussion is that far from being a mere irrational and destructive force, patriotism is an expression of ‘existing human social identity.’ Thus, it argues that rather than dismissing patriotism altogether as an undesirable and/or irrational phenomenon, we need to understand how to discriminate between alternative forms of patriotism while investigating what constitutional reforms might be required to support those forms of patriotic identification that are (...) morally desirable. I argue that to flourish, desirable forms of patriotism (what I call Ethical Patriotism) require a political milieu where forms of subsidiarity, functional representation and local participation combine to produce a more democratic and decentralized system of governance. Applied to a post-national polity like the EU, this conclusion invites to rethink the European constitutional project so as to make it less elitist and more open to influence and participation from below. Keywords: cosmopolitanism; communitarianism; identity; nationalism; governance; Europe (Published: 4 December 2009) Citation: Ethics & Global Politics, Vol. 2, No. 4, 2009, pp. 321–348. DOI: 10.3402/egp.v2i4.2002. (shrink)

Background:Women's health has received renewed attention in the last few years including health rehabilitation options for women affected by breast cancer. Dancing has often been regarded as one attractive option for supporting women's well-being and health, but research with women recovering from breast cancer is still in its infancy. Dancing with Health is multi-site pilot study that aimed to evaluate a dance programme for women in recovery from breast cancer across five European countries.Methods:A standardized 32 h dance protocol introduced a (...) range of Latin American dances presented within a sports and exercise framework with influences from dance movement therapy. Fifty-four women (M age 53.51; SD 7.99) participated in the study who had a breast cancer diagnosis 6 weeks, no indication of metastasis, or scheduled surgery/chemotherapy/radiation treatment for the duration of the intervention. Primary outcome data was collected for anthropometric and fitness measures next to cancer-related quality of life.T-tests and Wilcoxon signed ranked tests were used to establish differences pre and post intervention. Cohen's d was also calculated to determine the effect size of the intervention.Results:Statistically significant changes were found for: (i) weight, right and left forearm circumference and hip; (ii) 6 min walking, right and left handgrip, sit-to-stand and sit-and-reach; (iii) the EORTC-QLQ C30 summary score as well as the subscales of emotional and social functioning and symptoms. In all cases the direction of change was positive, while Cohen's d calculated showed that the effect of the intervention for these parameters ranged from intermediate to large.Conclusion:Changes on the above anthropometric, fitness and quality of life measures suggest that the intervention was of value to the participating women recovering from breast cancer. Results also advocate collaborative efforts across countries to further research. (shrink)

Purpose of the article is to present in two parts the selected aspects of application of monetary policy in the euro area pre and post 2008 as well as insitutional adaptations brought by the EU legislator. Methodology/methods In order to better explain these points, the article relies partially on a comparison with the framework and application of the monetary policy by the Federal Reserve as well as on a historic method when outlining the influence of definition of financial stability (...) from the ECB/eurosystem towards other prominent central banks. Scientific aim The article presents selected aspects of the monetary policy in the part of the EU where single currency was introduced in order to outline state of the art governance structure as well as a certain institutional creativity in application of powers conferred upon the central banks by the Treaty on the Functioning of the European Union and Protocol on the Statute of the European System of Central Banks and of the European Central Bank. The goal is to prove the hypothesis of robustness of the framework and present the limits that can only be pushed further by the legislative power. The conclusions confirm on the one hand that the framework of monetary policy based on strong institutional safeguards such as legislative power and independence is very resilient and can prove efficient and creative enough to stabilise an innovative monetary system, however, on the other hand, validate the hypothesis that certain adaptations can only be performed on the basis of a legislative adaptations. (shrink)

This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that (...) may result in better or a higher number of judicial interactions, as well as factors that may create tension or cause problems in the relationship between the CJEU and national constitutional courts. As such, it offers a framework that may help us to understand future post-Charter judgments by these courts setting out how they conceive their engagement with their counterpart on fundamental rights issues. (shrink)

Background In the EU, clinical assessors, rapporteurs and the Committee for Medicinal Products for Human Use are obliged to assess the ethical aspects of a clinical development program and include major ethical flaws in the marketing authorization deliberation processes. To this date, we know very little about the manner that these regulators put this obligation into action. In this paper, we intend to look into the manner and the extent that ethical issues discovered during inspection have reached the deliberation processes. (...) Methods To gather data, we used the Dutch Medicines Evaluation Board database and first searched for the inspections, and their accompanying site inspection reports and integrated inspection reports, related to central marketing authorization applications of drugs submitted to the European Medicines Agency from 2011 to 2015. We then extracted inspection findings that were purely of ethical nature, i.e., those that did not affect the benefit/risk balance of the study. Only findings graded at least major by the inspectorate were included. Lastly, to identify how many of the ethically relevant findings reach the application deliberation processes, we extracted the relevant joint response assessment reports and reviewed the sections that discussed inspection findings. Results From 2011 to 2015, there were 390 processed applications, of which 65 had inspection reports and integrated inspection reports accessible via the database of the Dutch Medicines Evaluation Board. Of the 65, we found ERFs in 37. The majority of the ERFs were graded as major and half of the time it was informed-consent related. A third of these findings were related to research ethics committee processes and requirements. Of the 37 inspections with ERFs, 30 were endorsed in the integrated inspection reports as generally GCP compliant. Day 150 joint response assessment reports and Day 180 list of outstanding issues were reviewed for all 37 inspections, and none of the ERFs were carried over in any of the assessment reports or list of outstanding issues. Conclusion None of the ethically relevant findings, all of which were graded as major or critical in integrated inspection reports, were explicitly carried over to the joint assessment reports. This calls for more transparency in EMA application deliberations on how ERFs are considered, if at all, in the decision-making processes. (shrink)

In this paper, we apply imprinting theory to examine how institutional transformation substantially influences perceptions of corruption that we argue to be incorporated to a varying extent in organizations founded in that period. For this purpose, we compare the effect of a sudden shock (dissolution of the Soviet Union) on the managers' present perceptions to that of a steady transition (EU accession). We consult the 5th round of the Business Environment and Enterprise Performance Survey from 2012 to 2014 analyzing 4715 (...) interviews with managers of organizations from twelve Central and Eastern European countries. Our results reveal striking differences in the present perception of corruption for organizations founded immediately before and immediately after these institutional transitions. The study's results contribute to the research on imprinting theory regarding the relationship between organizations and institutional conditions that constitutes a lasting effect on organizational structures. Thus, applying an institutional perspective that considers less stable periods for organizations yields a promising avenue in research on organizational behavior. (shrink)

The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is legitimated in terms (...) of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. (shrink)

This article proposes that autocratic democracy represents the natural political form of right-wing populism. It argues that while the emergence of autocratic democracy as a genuine political alternative to liberal democracy may be currently located primarily in states where liberal democratic norms were not well-consolidated, there are reasons to hold that structural features of contemporary politics in consolidated democracies relating to the decline of mass parties and the globalisation trilemma create the space for the right-wing mobilisation of populism. It is (...) further claimed that the dilemmas of the EU in conjunction with the politics of immigration and multiculturalism provide resources for the right-wing mobilisation of populist discontents such that we should not be sanguine about the ability of liberal democracy to be resilient in the face of continuing populist pressures. (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)