Key n-grams are useful in the analysis of legal discourse as they help bring recurrent key expressions to the fore and understand the patterning of legal language. This paper aims to generate, analyse and compare the key n-grams of two legal corpora: a corpus of European directives on distance consumer contracts and a UK national legislation corpus on the same subject-matter. The corpora are considered, alternatively, as both focus and reference corpora. In this way, keyness, i.e., the terminology that (...) makes each corpus unique, is revealed from both corpora. The paper findings mostly bring to the fore five different patterns: differences in the key n-grams due to institutional or country-related factors; legalese influences; typical n-grams of Eurolect; dichotomy in the terminology used (albeit applying the same legal principles), and polysemy (i.e., similar words with different applications in various genres). This analysis confirms the usefulness and insightfulness of key n-grams in understanding the impact of disciplinary conventions in legal language. (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)

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 article is analysing the legal perspective on whistleblowing, at European and national level, focusing on the scientific studies’ results and theories, emphasizing nuances which worth discussing in order to a better understanding of the social phenomenon and of individual psychological decision process for reporting a wrongdoing or the suspicion of a possible breach. We are also arguing that current whistleblower regulations must take into account both the European directive and recent research in this field, pointing out some question which (...) are raising from the lack of the ethical and cultural focused research of Romanian society perspective on whistleblowing, considering also the recent past experiences of Romanians with ‘political police’ actions in years of communism. We are establishing a few research direction which we conclude that could bring the knowledge to drawing a more relevant and applicable whistleblowing law. Keywords: whistleblower, EU directive, Romanian law, whistleblower protection, normative conduct theories. ". (shrink)

The European Clinical Trials Directive was issued in 2001 and aimed to simplify and harmonise the regulatory framework of clinical trials throughout Europe, thus stimulating European research. However, significant complexity and inconsistency remains due to disparate interpretation by EU member states. Critical care research has been particularly impacted due to variable and often restrictive consenting procedures for incapacitated subjects, with some countries requiring a court-appointed representative, while others recognise consent from family members and occasionally professional representatives. Furthermore, the absence of (...) a waiver of consent threatened to put an end to emergency research in Europe and was met with varied responses. Approval procedures by ethics committees are equally inconsistent, particularly those relating to provision of a single opinion for multi-centre trials. Although evidence is somewhat mixed, this complexity as well as a general increase in administrative and financial burden following the Directive has been shown to cause a reduction in clinical trial activity in Europe, particularly academic trials. We aim to clarify some of these inconsistent procedures, particularly those relating to informed consent of incapacitated subjects, as well as discussing some general weaknesses and possible improvements of the Directive ahead of its planned revision in 2011. (shrink)

In November 2019 the EU Whistleblower Directive came into force. Whistleblowing has been described as a human right and a freedom fundamental to democracy. But it is not always straightforward to understand concrete cases of reporting wrongdoing in terms of abstract political philosophy. This paper uses a discussion between Berlin and Skinner about what negative freedom is, as a theoretical framework to understand the struggles of a campaigning platform of trade unions and civil society organizations, in the coming about of (...) the EU Whistleblower Directive. The paper is empirically based on a document analysis of two Resolutions in the European Parliament, the European Commission’s proposal text, the approved text in the European Parliament, and messages on the listserv of the campaigning platform between February 2017 and April 2019. The paper provides insights on how whistleblowing freedom relates to public interest and autonomy. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line with the (...) Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

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

Business Ethics, the Environment &Responsibility, Volume 31, Issue 3, Page 823-845, July 2022.

Business Ethics, the Environment &Responsibility, Volume 31, Issue 3, Page 823-845, July 2022.

Progress in transplantation outcomes depends on continuing research into both donor and recipient factors that may enhance graft and patient survival. A system of licencing for transplantation research, introduced by the Human Tissue Act 2004, which separates it from the transplantation process (then exempt from licencing), has damaged this vital activity by a combination of inflexible interpretation of the 2004 Act and fear of criminal liability on the part of researchers. Now, following the European Union (EU) Directive (2010) on standards (...) of quality and safety of human organs intended for transplantation, new UK Regulations have been drafted, which are intended to implement it. These Regulations impose a compulsory licencing system, similar to that for research, on the whole transplantation process. This goes beyond what is required by the Directive and may even have an inhibitory effect similar to that already seen in research. Initial draft Regulations went further, imposing criminal sanctions for breaches. However, following a public consultation process, the Department of Health (DH) has recently stated that, as a result of the overwhelming view of respondents that the proposed licencing system was unnecessary, all sanctions under the final Regulations are now decriminalised, with the sole exception of operating without a licence. While this does not eliminate the negative effect of licencing, it does suggest an awareness of the DH that excessive regulation unnecessarily harms the transplantation process. An opportunity thus arises for the Human Tissue Authority (the regulatory body for both the new licences and research licences under the 2004 Act) to end the current illogical and harmful separation of transplantation and transplantation research by ensuring that all centres licenced for organ donation, retrieval and transplantation are also fully licenced for related research. (shrink)

This article argues that obligatory, simultaneous, and simple Treaty ratification by referenda is the next step in the consolidation of the political core of European citizenship. In the first part, general remarks about the special nature of EU citizenship highlight the relevance of referenda on EU Treaties for EU citizenship. In the second part, the normative and empirical case in favour of direct democracy is put forward. It is followed by the assessment of direct democracy in European integration as we (...) have known it so far. The practice is irreversible and gaining in momentum. But it is in need of substantial reform due to procedural dysfunctions and discriminatory consequences for the citizens. Section V relates this result to a legal analysis of EU citizenship. The suppression of the discriminatory consequences of the Treaty ratification procedure is necessary from a legal point of view, but it cannot be expected from the 'judicial incrementalism' that has characterised the development of EU citizenship regarding free movement and residence. In section VI, the conclusions of the previous sections are drawn into the final proposal of obligatory, simultaneous and simple Treaty reform by referenda in all Member States. At the end, five counter-arguments to the proposal are discussed. (shrink)

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

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

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

Feminist legal efforts to make sense of the external migration policies of the European Union (EU) have focused almost exclusively on the EU’s initiatives against trafficking in women. This article examines one of the more neglected areas of EU immigration policy—the return of ‘illegal immigrants’. It analyses the so-called 2008 Returns Directive in the light of the multidimensional inequalities experienced by migrant women, which affect their migration status and expose some of them to the threat of removal. Owing to insecurities (...) over external migration, the Directive constructs even the most vulnerable migrants as a threat to be controlled and is likely to result in detrimental consequences for many migrants, and in particular already vulnerable women who are likely to be further disadvantaged by it. (shrink)

On 19 May 2011, the Lithuanian Parliament adopted the Law on Temporary Agency Employment to implement the EU Directive on temporary agency work. Up to now there has been no special regulations for the so called “personnel lease”, although Lithuanian companies have been using such service since 2003. The law basically followed the recommendations of the Directive without setting additional restrictions. Temporary agency workers will be subject to the same conditions as permanent workers of employment agency clients are regarding working (...) and leisure time regime and work safety. The Law on Temporary Agency Employment will enter into force on 1 December 2011. The purpose of this article is to analyze the EU Directive on temporary agency work transfer to the Lithuanian legal system and the peculiarities of the theoretical and practical problems associated with the new regulation. Conclusions and suggestions for the improvement of the legal provisions are presented. (shrink)

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

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative policy ideals. I (...) review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely national law, they are (...) not obliged to apply the Charter but should instead rely on the national constitutional Bill of Rights as well as the international human rights instruments which are binding on the Member State in question. The borderline between EU law and national law is not always easy to establish in a concrete case. This article discusses theoretical and practical problems arising out of the application and interpretation of Article 51(1) of the Charter, according to which the Charter is addressed to the Member States ‘only when they are implementing Union law’. It is suggested to adopt a pragmatic case-by-case approach, asking oneself if there is another norm of Union law than a Charter provision which is directly relevant to a case in concreto. If the answer is yes, also the Charter should be applied, supposing that there is a Charter provision which could influence the outcome of the case. If the answer is in the negative, national courts and authorities are only obliged to apply national law, including the constitutional Bill of Rights and the international human rights obligations of the Member State concerned. (shrink)

Both the European Union and the Council of Europe have a bearing on privacy in genomic databases and biobanking. In terms of legislation, the processing of personal data as it relates to the right to privacy is currently largely regulated in Europe by Directive 95/46/EC, which requires that processing be “fair and lawful” and follow a set of principles, meaning that the data be processed only for stated purposes, be sufficient for the purposes of the processing, be kept only for (...) so long as is necessary to achieve those purposes, and be kept securely and only in an identifiable state for such time as is necessary for the processing. The European privacy regime does not require the de-identification of personal data used in genomic databases or biobanks, and alongside this practice informed consent as well as governance and oversight mechanisms provide for the protection of genomic data. (shrink)

The European Union's interest in developing rules concerning maritime law and liabilities has gained momentum, particularly after the Erika disaster in 1999. The development of EU maritime law has taken place on an incremental basis and to a large extent it is closely associated with various EU institutions' knee‐jerk reaction to pollution disasters within EU waters, prompted, no doubt, by the extensive media coverage of public outrage following such oil spills. This chapter considers several relevant EU directives and regulations (...) devised particularly since the mid‐2000s, with a view to evaluating the effectiveness of these measures in achieving a uniform marine legal regime within the European Union in harmony with the international law. A new trend within the European Union is to incorporate provisions of international conventions into the EU legal order by duplicating them in EU directives and regulations. (shrink)

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

Direct-to-consumer advertising (DTCA) of prescription drugs has been a heavily contested issue over the past decade, touching on several issues of responsibility facing the pharmaceutical industry. Much research has been conducted on DTCA, but hardly any studies have discussed this topic from a corporate social responsibility (CSR) perspective. In this article, we use several elements of CSR, emphasising consumer autonomy and safety, to analyse differences in DTCA practices within two different policy contexts, the United States of America and the European (...) Union (EU). Doing so results in an alternative analysis of the struggle between proponents and opponents of DTCA from a CSR perspective, adding an alternative view on this debate. (shrink)

This open access book seeks to identify the ethical spirit of European Union law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against (...) the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories? Further, should these non-legal concepts be imported in an unaltered way, or be adapted to the legal context? This book explores the different layers of EU law, including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity. (shrink)

This chapter considers the effect of European Union (EU) law in the national courts of the member states and its status vis‐a‐vis overlapping rules of national law. The basic doctrines crafted by the Court of Justice of the European Union (CJEU) marked a significant departure from the standard model of international law and made a major contribution to the early development of the common market. The CJEU added, in many national legal systems the essentials of the legal rules governing State (...) liability have been developed by the courts. The principle of state liability has in practice been applied by the CJEU with restraint. The national courts now routinely apply the doctrines of direct effect and what de Witte calls ordinary primacy. However, the idea that Union law takes precedence over national rules having constitutional status has proved problematic with top national courts, particularly in so‐called dualist member states. (shrink)

The upcoming Regulation No 536/2014 on clinical trials on medicinal products for human use, which will replace the current Clinical Trial Directive at the end of 2021, has triggered a significant reform of research ethics committee systems in Europe. Changes related to ethics review of clinical trials in the EU were considered to be essential to create a more favourable environment to conduct clinical trials in the EU. The concern is, however, that the role of the research ethics committees will (...) weaken in at least some of the Member States because the new Regulation allows narrowing down the scope of ethics review as compared with the currently valid Clinical Trial Directive. Although the new Regulation may lead to faster approval procedures for clinical trials, which is especially relevant in the context of pandemics, high-quality ethics reviews integrating methodological aspects of a clinical trial should nevertheless be ensured. To maintain high research ethics standards as well as to foster measures to mitigate potential negative consequences of the reform, it is therefore of vital importance to start debating and sharing the reflections about the potential consequences of these transformations and trends as soon as possible. (shrink)

Direct-to-consumer advertising (DTCA) of prescription drugs has been a heavily contested issue over the past decade, touching on several issues of responsibility facing the pharmaceutical industry. Much research has been conducted on DTCA, but hardly any studies have discussed this topic from a corporate social responsibility (CSR) perspective. In this article, we use several elements of CSR, emphasising consumer autonomy and safety, to analyse differences in DTCA practices within two different policy contexts, the United States of America and the European (...) Union (EU). Doing so results in an alternative analysis of the struggle between proponents and opponents of DTCA from a CSR perspective, adding an alternative view on this debate. (shrink)

This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. (...) The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU. (shrink)

Certification for biofuels has been developed to ensure that biofuel production methods adhere to social and environmental sustainability standards. As such, requiring biofuel production to be certified has become part of EU policy through the 2009 renewable energy directive, that aims to promote energy security, reduce emissions and promote rural development. According to the EU RED, in 2020 10 % of our transport energy should come from renewable sources, most of which are expected to be biofuels. In this paper I (...) examine what biofuel certificates are, what they can achieve and what their limitations are. Methodologically, I will evaluate them using the standards of instrumental, practical and communicative rationality. With regard to instrumental rationality, I conclude that the EU RED makes an important but unjustified assumption in demanding certified biofuels for its target: that if biofuel production is sustainable, then biofuel use is too. I also argue that, where the EU assumes that biofuel certification is a sufficient means to achieve the EU RED’s goals, it is at best an insufficient means and at worst not a means at all towards achieving these goals. With regard to practical rationality, I argue that more attention needs to be paid to trade-offs between different goals in the EU RED, particularly with regard to providing investor security and not capping transport energy consumption. With regard to communicative rationality, I argue that the policy-making process of the EU RED has been seriously flawed, and that certification development processes also can improve significantly. (shrink)

This article describes the creation of a lightweight ontology of European Union (EU) criminal procedural rights in judicial cooperation. The ontology is intended to help legal practitioners understand the precise contextual meaning of terms as well as helping to inform the creation of a rule ontology of criminal procedural rights in judicial cooperation. In particular, we started from the problem that directives sometimes do not contain articles dedicated to definitions. This issue provided us with an opportunity to explore a (...) phenomenon typically neglected in the construction of domain-specific legal ontologies. Whether classical definitions are present or absent, laws and legal sources in general are typically peppered with a number of hidden definitions (in the sense that they are not clearly marked out as such) as well as incomplete definitions, which may nevertheless help legal practitioners (and legal reasoning systems) to reason on the basis of analogy or teleology. In this article we describe the theoretical basis for building an analogical lightweight ontology in the framework of an EU project called _CrossJustice_. We present our methodology for collecting the data, extracting the data fields and creating the ontology with WebProtégé, followed by our conclusions and ideas for future work. (shrink)

Television regulation is increasingly Europeanized. While the transposition of community law into national legislation in EU member states has been widely discussed, scholarly attention is less frequently devoted to the Europeanization of non-member states. This paper investigates how television regulation in non-EU members has been influenced by European audiovisual policy since the liberalization of broadcasting. Focusing on the case of Switzerland and putting it into a wider context, changes in television regulation and their connection to the European level were analyzed (...) by performing a qualitative document analysis. Results indicate that the degree of Europeanization in Switzerland differs remarkably from other non-member states like Norway. While advertising regulation was brought in line with less-strict EU directives, a public value test or compliance with state aid rules were not even discussed. Yet similar to other non-members, rules were adopted without having a say in their development. (shrink)

The institutionalization of ethics and the direct influence of politics on how ethics bodies frame their opinions have been widely recognized and explored in the last few years. Less attention has been paid to what kind of normative instrument ethics as an institutional phenomenon has become in the State under the rule of law, and which institutional powers it has depended on. This paper analyzes the rise of ethics in the European Union context, where ethics, constructed as an isolated set (...) of values, has been exploited for its symbolic capacity to evoke citizenship, has become quite formalized as to certain features, and has acquired the potential to redefine the traditional divisions of powers in the State under the rule of law. (shrink)

The Cameron government has recently negotiated a deal with the EU which permits the UK to restrict access to in-work benefits for recent EU migrants in the first four years of residence. Withdrawing access to in-work benefits will lead to significant inequalities in pay between British workers and their EU equivalents working at the same job, in the same general situation. The proposal has been widely decried as discriminatory. Is it? I do not, in this article, ask the legal question: (...) Does it violate anti-discrimination norms implicit in the treaties? Rather, I will ask the moral question underlying the legal one: Would, say, Polish citizens denied in-work benefits that British citizens receive be victims of wrongful discrimination? This question deserves consideration not simply because it will help us to evaluate some of the central concerns at stake in the Brexit debates but also because it will allow us to explore the role of norms against discrimination according to nationality within the EU, to address the nature of the European commitment to freedom of movement, and, in the reverse direction, to better understand our own moral commitment to anti-discrimination norms. (shrink)

This chapter compares the institutional setting and integrations processes in Switzerland and the EU. The major findings are that EU integration is trying to achieve more political integration and accommodation of a much higher degree of diversity in much less time than has ever been the case in Switzerland. Integration and expansion processes that were slower and non-linear in Switzerland and that happened in separate phases (e.g. religious diversification, linguistic diversification, territorial expansion, etc.) are all going on at the same (...) time in the EU. Especially integration and accession with enormous shocks of diversification are engineered at the same time in the EU. From this point of view, the EU has already tried to go beyond many stages that took centuries to be completed in Switzerland. The institutional design of the European Union seems to echo quite well the federal state formation process in Switzerland. The following precisions are however necessary in the comparative perspective. First, the momentary stage of European Integration, characterized by intergovernmental crisis management, resembles the (dysfunctional) intergovernmental centralism of the Swiss cantons during the decades before the formation of the federal-state in 1848. Second, due to the greater diversity of the European Union, this quasi-federal system has derived in extreme asymmetries between the member states. Since EU identity is not well entrenched among European citizens (and politicians), it has been hard to design institutions and policies of common territorial protection and redistribution and there is mistrust towards centralistic EU institutions (specially in the countries more affected by the economic crisis). Most European citizens do not feel that their interests are taken into account by the European Union. Third, it is important to note that in Swiss federalism the municipalities play an important role, they are much more than just administrative districts. This city-centred and bottom up construct of citizenship is guaranteed by the Swiss federal constitution. Citizens feel that their most immediate and local identity is not jeopardized but rooted in and guaranteed by the Swiss federal constitution. Compared to sub-national Swiss federalism, EU federalism is entirely focused on the nation-state and the EU institutions. Serious consideration ought to be given to the idea that European citizenship is not only about bringing citizenship to a higher European level but also about bringing it more to the root-level of citizenship: the city. Direct democracy has acted as a federator in the Swiss context. Switzerland made direct democracy and direct democracy made Switzerland. There has been a slow and iterative process of adaptation of structurally similar institutions of direct democracy at all levels (communal, cantonal, federal) of all units (all communes, all cantons, confederation roughly between 1830-1891. To the contrary, the EU is only incipiently in a process of introducing direct democracy (in some member-states and ECI), and so far direct democracy is mainly practiced as national plebiscitary democracy. Under this guise it is seen as a threat to EU integration and probably not without good reason. While in Switzerland the coherent introduction of direct democracy at all levels of the polity in the long run served as an important unifier, direct democracy has even not been considered as integrative part of all levels of political integration in the EU. It is of great interest that the one element in which the European Union has based the construction of EU citizenship and identity – mobility of residence – has been implicitly discouraged in Switzerland. The institutional design as incorporated in Swiss multicultural identity (which aims fundamentally at the protection of cantonal autonomy, culture and language) has facilitated that Switzerland is called today a successful multicultural society. Most citizens identify with Switzerland as a country and they like it as it is, but they do not want to take advantage of their formal right to move to other parts of the country, especially not across language borders. The same institutional design that has made of Switzerland a successful case of multiculturalism and democracy poses important barriers that make it difficult for the Swiss to move their residence across their country. Considering that one of the main features of European citizenship is the freedom of movement and residence, this poses a main concern. The Swiss compromise between the formal right and economic necessity of mobility on the one hand and the protection of political and cultural sub-identities on the other hand, is commuting. Due to the vast size, this is of limited applicability in the EU. However, in a Europe of cities and trans-border regions, commuting is an important option provided that every European citizen lives reasonably close to an important economic centre. In short, the Europe of commuters deserves attention in the context of EU citizenship. (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)

Whistleblowing can be defined as the internal or external reporting of violations and abuses of law. The protection and promotion of whistleblowing is extremely important both in the level of the European Union and the Member States. It is also well demonstrated by the fact, that the European Union has adopted a Directive in 2019 on the protection of persons who report breaches of Union law which the Member States also has to implement to their national legal system. Although whistleblowing (...) can be analyses from several points of view, this paper only focuses on its legal aspects. The objective of the article is to present the legal requirements of the European Union and the Hungarian regulation. In this context, the paper aims to analyse how successful was the implementation of the Directive into the Hungarian legal system. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

The 6th of February 2005 marks the deadline of transposition of the EU Council Directive No. 2003/9/EC (Reception Conditions‘ Directive) into national legislation. This article is the second in a series of articles on transposition of the European Union Asylum Directives in Lithuania and remaining concerns. It analyses the transposition of the Reception Conditions Directive in the country, the impact of the directive‘s provisions on the development of the Lithuanian asylum law and draws attention to the remaining concerns in (...) relation to implementation of this directive in Lithuania. The authors illustrate the remaining concerns with practical and live examples/stories from Lithuania. (shrink)

This article argues that the existing philosophy of EU law, such as it may be perceived, is flawed. Through a series of propositions it claims that EU law is infected by an underlying indeterminacy of ideal that has deeply affected the appreciation and realization of stated values. These values, the most fundamental of which appear in Article 6(1) of the Treaty of European Union, have been applied in a haphazard fashion and without an understanding of normative content. The European Court (...) of Justice has instead adopted a largely pragmatic approach that has focused on principles or virtues of governance rather than attempting to offer a way of satisfactorily defining values or ensuring their realization. The underlying philosophy thus appears to be based on a theory of interpretation (of original political will) rather than a theory of justice. The recent decision in Kadi paradoxically offers not only confirmation of the argument presented but also a judicial appreciation that a new direction may be desirable, one inspired by a law based on the predominance of fundamental values with particular emphasis on respect for fundamental rights. (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 examines the development of a gender mainstreaming strategy in the EU by illustrating how this strategy was shaped by other than gender equality policy goals. Gender mainstreaming was originally launched in 1996 to promote gender equality in all EU policies, in the context of international and European mobilization on women’s issues. It was aimed to transform mainstream policies by introducing a gender equality perspective. However, it has been largely used as an alibi for neutralizing positive action. The successful (...) implementation of positive action in political decision-making had challenged the gender distribution of political power over policy institutions and technical, human and financial resources. This led to policy softening and institutional weakening due to counteracting by the EU political and administrative hierarchies. The argument is based on text analyses of relevant Community acts and on direct observations of the policy process, based on personal working experiences in the European Commission. (shrink)

Food allergy represents an increasing public health issue, and a large number of food control authorities have provided regulations aimed to minimize the risk of allergic reaction for sensitized consumers. The Food and Agriculture Organization of the United Nations together with the World Health Organization established the Codex Alimentarius Commission whose main goal is to protect the consumers’ health. To purse this task the Commission listed the foods and ingredients causing the most severe allergic reactions that should be labelled. It (...) has been reported that some cases of specific foods hypersensitivity display a different prevalence among different Countries. Thus, the European Union drew up a list of mandatory allergens longer than that provided by Codex Alimentarius. As a consequence of the complexity of the legal phraseology of the European Union and/or European Community the Regulations and/or Directives were differently translated in all EC/EU official languages determining possible misinterpretations of the legislation. Moreover, food labelling regulations were also established with the goal to promote the consumers’ conscious choice about what they eat. Starting from the case of the fermented beverages, we analysed the European legislative scenario concerning the allergen labelling of the last fifteen years, highlighting that mistranslations, misinterpretations and lack of information in the EU Regulations might lead to health and ethical issues. (shrink)

LikeI thinkin English,(eu) acho quein Brazilian Portuguese can function as a discourse marker (DM) with more than one meaning, and these meanings are curiously diametrically opposed. Certainty, doubt or uncertainty is inferred by hearers in an interactional context. In a sample of audio-video recorded interviews, the occurrences of this DM were classified by meaning, and association tests between meanings and linguistic factors (pronoun realization, polarity, position in utterance), real-world features (type of evidence from which the speaker says something, and discursive (...) topic), prosody (F0, intensity and duration), and facial expressions were carried out. Differences that distinguish these factors were identified among certainty, doubt and uncertainty uses. The certainty meaning of(eu) acho quewas associated with pronoun presence, more formality and topics in which the speaker had direct evidence. Uncertainty and doubt were associated with pronoun absence, less formality and topics in which the speaker did not have direct evidence. Patterns of intensity and duration acted to distinguish the certainty, doubt and uncertainty meanings of(eu) acho que. In a conditional decision tree, the position in utterance, presence of a pronoun, type of speaker’s evidence, discursive topic, and duration helped to disambiguate the meanings of(eu) acho que. These results suggest the relevance of a multilevel approach to describe DM, in different languages, at least with respect to mental state verbs. (shrink)

In this paper I shed light on the multi-purposive nature of debates in the European Parliament. As a case in point, I examine a debate on immigration in the wake of a migratory crisis in the Italian island of Lampedusa in early 2011. I analyze the points of view argued for by MEPs, aiming at identifying the different institutional goals that are typically pursued and characterizing the ways in which these goals shape the argumentative exchanges. The link between the multiple (...) goals communicators have and the discourse choices they make can be assumed on the basis of previous research. In line with the pragma-dialectical view of argumentative discourse taking place in the context of more or less institutionalized argumentative activity types, institutional goals are understood as those goals that can be attributed to arguers on the basis of the type of activity in which they are engaged. In identifying the institutional goals, I follow Craig and consider not only goals which are intentional, formal, and directly responsible for a certain discourse choice, but also goals which are functional, strategic, and only indirectly responsible for discourse choices. The analysis shows that the MEPs pursued three kinds of goals: goals that are 1) assigned to them by the occasion of the debate; 2) related to the powers of Parliament; and 3) associated with the different identities they assume in Parliament. While the pursuit of the occasion-related and powers-related goals gave rise to multiple simultaneous discussions, the pursuit of the identity-related goals guided the MEPs’ choices and formulations in these discussions. (shrink)

Children’s unpleasant experiences with misuse of their personal information online is among the rapidly increasing online ‘risks’. Among these, four were chosen for this study: dealing with their own hacked accounts, dealing with others’ fake accounts, dealing with fake accounts impersonating them and sending rude messages on their behalf with the intent of damaging their reputation, and dealing with receiving rude messages from hacked accounts of friends were reported as most bothersome in EU Kids Online III. These four subtypes of (...) problematic situations related to privacy were strategically chosen to illustrate children’s coping responses to situations that are related but increasingly complex, distinctions related to whether situations involved peers or strangers, whether children were direct victims of hacked accounts, or recipients of unwelcomed or rude messages sent from fake profiles and/or hacked accounts. Furthermore, the four situations were chosen to develop a more inclusive coping typology for EU Kids Online data, which can span across different types of risks. This article relies heavily on theoretical work put forward by research on coping with general and specific stressors but integrates approaches to children’s dealing with online issues relevant for online safety measures. (shrink)

The aim of this article is to provide a description, an analysis and an explanation of Mitteleuropa and of other closely related concepts, such as East-Central Europe. The first section briefly addresses the broad historiographical issues. The second addresses the more strictly political and intellectual history of the concept in the period between 1975 and 1989 while the third section will describe the evolution of the concept after the end of the Cold War. The final part outlines the future directions (...) in which the concept will change. (shrink)