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

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

This article argues that only a limited form of EU citizenship is available to transgender people. As the paper demonstrates, transgender Union citizens face numerous difficulties when they exercise their right to free movement, despite such movement being the core of Union citizenship. Rather, transgender individuals only have access to a considerably restricted form of EU citizenship which is guaranteed as part of their fundamental status conferred by EU Treaties. The article points out that the current approach of including transgender (...) discrimination in the purview of discrimination on the grounds of sex fails to tackle the issue because it is conceptually problematic and largely ineffective. As a solution to remedy the issue, the paper suggests overhauling the existent approach to trans discrimination in a way that makes it capable of ensuring that transgender persons enjoy their Union citizenship to its fullest extent. (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)

The article argues that the ‘crisis of Europe’, triggered by market and governance dysfunctionalities (summarized as the Euro crisis), represents a ‘critical moment’ in the evolution of a European society. This society so far does not offer much resistance to such critical moments which is due to its incapacity to form a demos capable of acting together. The existing European society – and this is the basic claim – is nothing but the sum of individuals living in ‘sub-European’ (mainly national) (...) groups. The evolution triggered by this critical situation opens pathways to turn these peoples of Europe into something more than being a sum of peoples governed by supranational bureaucracies. To decipher such processes a model is presented using Hirschman’s idea of exit, voice and loyalty as mechanisms to generate social ties. Two points arise as crucial. The first is the observation that national societies which continue to provide foundational claims for people have turned into interest groups in the context of the European Union. This undermines not only the ontological nationalism still dominating the self-presentation of national societies in Europe, but it also offers evolutionary paths towards a society beyond national foundational claims in Europe. Yet it also provokes reactive processes such as the return to the self-contained nation (or even ethnic group). This is the core of the crisis of Europe. The systemic crises of the state and the market in Europe are speeding up an evolutionary process of people-making, the outcome of which could be either the regression to a people with foundational identities or to a people without foundational identities. The latter will be described as a postnational society, which would make an emerging European society the first really modern society. (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)

Among the various experiments in ‘new governance’, the model of Responsible Research and Innovation is emerging in the European landscape as quite promising. Up to now, there have been two versions of RRI: a socio-empirical version which tends to underline the role of democratic processes aimed at identifying values on which governance needs to be anchored and a normative version which stresses the role of EU goals as ‘normative anchor points’ of both governance strategies and policy making. Both versions are (...) unsatisfactory. The first since it suggests movable anchorage which could clash with prefixed values, such as individual rights. The second since it does not safeguard fundamental rights in the process of balancing ‘anchor points’. This result is counterintuitive because it exposes governance to the risk of facing adverse court decisions in the defense of individual rights, thus losing its anticipative attitude. In order to avoid this outcome, the paper argues that it is only through better integration between the system of human rights and that of EU fundamental rights that the anticipative feature of RRI can be preserved. (shrink)

The Russian invasion of 2022 was based on an organized process of influence on the Ukrainian population, aimed at obtaining their support or neutralizing their possible resistance, in concert with the state apparatus. We find, in the backdrop of this process, the memorial conflict between these two countries and their neighbours, concerning World War II and the Soviet Union. This war of influence, or political warfare, which falls within new forms of contemporary hybrid warfare, profoundly has to do with images, (...) especially moving images. The cinematic images, the debauchery of their propaganda during the Second World War and throughout the existence of the USSR, still weighs on the bodies and minds; the new media has in many ways inherented them and their way of reenacting or extending propaganda on an individual or group scale. We will then question the place of images, and in particular those in motion, in the war between Russia and Ukraine since 2014 to describe the way in which they have served or still serve the military-memorial device deployed by the Russian invader. (shrink)

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light on the formal (...) and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Abstract This essay provides a critical engagement with neo?Gramscian perspectives on European integration, dealing with their core theoretical assumptions as well as empirical analyses of individual aspects of European integration. It is argued that by drawing on Gramsci's rejection of economic determinism, his thinking on the agency?structure problem, as well as his work on how to conceptualise the role of ideas, neo?Gramscian perspectives as a critical theory are able to analyse the social purpose of European integration. The conclusion identifies (...) several shortcomings in the neo?Gramscian literature on European integration, namely (1) the neglect of national and European institutions and their structural impact on social forces as main collective actors; (2) the related oversight of possibilities for change within the existing institutional structure; (3) the neglect of studying resistance to neo?liberal restructuring in Europe; and (4) the missing analysis of trade unions and labour as potential actors within movements of resistance. (shrink)

Since the mid-1990s most EU Member States have established a national forensic DNA database. These mass repositories of DNA profiles enable the police to identify DNA stains which are found at crime scenes and are invaluable in criminal investigation. Governments have always brushed aside privacy objections by stressing that the stored DNA profiles do not contain sensitive genetic information on the included individuals and that they reside under the statutory privacy protection regulations. However, it has been generally overlooked that the (...) police also store the DNA samples from which the DNA profiles are derived. Although these DNA samples are actually a potential source of genetic information, they have so far scarcely been the subject of discussion. In this article we will show that both European and national regulations offer inadequate protection to completely prevent function creep, that is, the use of these forensic DNA samples for purposes beyond those envisaged at the time of collection. (shrink)

The human history relates to the history of communication, which has also been a co-driver of human development. Communication integrates the knowledge, organization and power of a society.Today, there is an increasing debate over the importance of politicians' mutual communication, communication with voters and the media, the role of public relations in politics, and communication with the civil society. Thus, political communication and the creative use of the media remain the essential component of any individual involved in politics or (...) even of a political group.In this study, political communication in North Macedonia is presented in the context of political efforts into the integration process in European Union (EU), by observing all the stages within the process so far. From the content and the issues addressed, it is clear that policymakers face the challenges of communication (as is the case in many countries aspiring the European integration).In this paper, the premises of genuinely political communication strategy are analyzed separately, assessing them in the context of the political communication theory. It will be shown that successful communication is an important tool for convincing citizens that EU provides a better quality of life and work. (shrink)

According to the International Relations theory known as Realism, interstate interactions, whether ancient or modern, are motivated by the pursuit of hegemony of individual states, which act as monolithic groups in articulating their foreign policy decisions. The application of Realism to the study of Spartan foreign policy in the third century BC shows the validity of this theory in explaining certain aspects of ancient interstate interactions, as illustrated by the two alliances discussed in this article. The first, earlier alliance, (...) between King of Macedonia Antigonos Gonatas and Sparta and some Peloponnesian cities, was made in response to the threat posed by King Pyrrhus of Epirus who was set on conquering them. The later alliance, between Sparta and other states, was made to stop the ambitions of King Antigonos Gonatas who controlled many cities of the Peloponnese and sought to conquer the whole of Greece. In forging such alliances, according to the Realist view, the states acted as large monolithic groups, yet a broader assessment of the available evidence shows the presence of smaller, subtler networks of individuals, which were paramount in articulating important foreign policy decisions. The comparison of Spartan decision making with the activation in 2009 of the EU’s Solidarity Clause, included in Article 222 of The Treaty on the Functioning of the European Union (TFEU), indicates that the activation of this clause too required the consensus of several European governing bodies. By bringing to light the critical role played by smaller networks of power in foreign policy decision making in the ancient and the current-day EU alliances, this article exposes both the merits and the limits of the Realist international relations theory. (shrink)

This paper conducts a comparative analysis of data governance mechanisms concerning the secondary use of health data in Taiwan and the European Union (EU). Both regions have adopted distinctive approaches and regulations for utilizing health data beyond primary care, encompassing areas such as medical research and healthcare system enhancement. Through an examination of these models, this study seeks to elucidate the strategies, frameworks, and legal structures employed by Taiwan and the EU to strike a delicate balance between the imperative of (...) data-driven healthcare innovation and the safeguarding of individual privacy rights. This paper examines and compares several key aspects of the secondary use of health data in Taiwan and the EU. These aspects include data governance frameworks, legal and regulatory frameworks, data access and sharing mechanisms, and privacy and security considerations. This comparative exploration offers invaluable insights into the evolving global landscape of health data governance. It provides a deeper understanding of the strategies implemented by these regions to harness the potential of health data while upholding the ethical and legal considerations surrounding its secondary use. The findings aim to inform best practices for responsible and effective health data utilization, particularly in the context of medical AI applications. (shrink)

Animal welfare involves societal and human values, ethical concerns and moral considerations since it incorporates the belief of what is right or what is wrong in animal treatment and care. This paper aims to ascertain whether the different dimensions of individual attitudes toward animal welfare in food choices may be characterized by general human values, as identified by Schwartz. For this purpose, an EU-wide survey was carried out, covering almost 2500 nationally representative individuals from five European countries. Compared with (...) the previous literature this study shows a twofold novelty: it develops a general framework to link individual enduring beliefs and attitudes toward animal welfare attributes in food choices; the framework is analyzed within a broad-based cross-country study. Our empirical results prove that human values related to self-transcendence are strongly associated to overall animal welfare attitudes and especially to those explicitly related to food choices, while values related to the spheres of self-enhancement and conservatism are significantly associated to less sensitive attitudes to animal welfare. Moreover, our results appear to indicate that a determinant of animal welfarism in food choices is potentially associated to individual concerns regarding food safety issues. (shrink)

In this paper examines the roles and influence of China in the world and, mainly, in European Union. For a decade, Chinese investors have been looking for opportunities to buy european assets. Especially since the beginning of the 2008 crisis we observed an increase of investment activities of Chinese companies. During the crisis, cash troubled european companies due to loss of liquidity were forced to sell their shares at significant discount. Over time, with stabilizing the economic situation in Europe, European (...) companies asset prices seemingly ceased to be cheap, nevertheless a volume of Chinese FDI to Europe continued to grow. Our goal will be detailed insight into these investments and try to identify the benefits and risks of these investments. Moreover, this paper not only provide insight into economic development of Chinese FDI but also take into account political issues and background of these investment. As far as a methodology is concerned, the basis of our work will be comparing an impact of Chinese investments in European countries and their impact on economic development in selected countries. In particular, we are interested in the behavior of Chinese investors and their motivation to buy in Europe. At the same time it will also be interested in the motives of European companies that have decided to sell shares to new owners. Finally, we will also examine ways in which Chinese investors proceed with acquisitions in the EU. Data comes from Eurostat, the national statistical offices and stock market prices. We will also be examining the political influence on these countries individually and globally, therefore as part of the EU. Based on the gained information we will try to assess the current situation of China’s influence in the euro area and at the same time try to estimate its future impact. Finally, based on the detected information to analyze the results of our research. (shrink)

RESUMO Discutimos neste trabalho a cultura no espaço público da escola com base em ensaios de alunos de licenciatura em Letras-Português em que expressam suas representações sobre a relação eu-outro no ato da docência em estágio supervisionado. Questionamos se esses alunos, no cotidiano do labor magisterial, nos momentos constituintes do agir ético em diálogo com a estética da profissão, vivem a realidade viva do ato da docência de sujeitos, pelo primado da individualidade e da alteridade no plano do reencontro, no (...) mundo real, do ato particular da experiência vivida com o mundo social da profissão. Os fundamentos da teoria dialógica de Bakhtin e seu Círculo respaldam a discussão proposta.ABSTRACT In this paper we discuss culture in the public space of schools based on essays by pre-service student teachers in a Portuguese Language and Literature Teaching Credential Program. In these essays, the pre-service student teachers form representations of self-other relations while practicing their student teaching in supervised internships. We questioned whether these pre-service student teachers, in the practice of their field experience, in decisive moments of ethical practice in dialogue with the aesthetics of the profession, experience themselves as actual teaching subjects, through the primacy of individuality/otherness in the encounter between the physical world of life experience, and the professional world of social experience. This discussion is based on the Dialogical Theory of Bakhtin and his Circle. (shrink)

Resumo Este artigo examina as considerações de Nietzsche acerca das fontes sociais e históricas do eu como um contra-argumento à concepção liberal de indivíduo. Defendo que Nietzsche oferece não apenas uma crítica contundente à concepção associal e previamente individuada de pessoa, à qual se conecta a noção liberal de liberdade, como ainda um contra-conceito alternativo de pessoa e de soberania. Seus argumentos visam mostrar, em sua dimensão crítica, que o indivíduo ou pessoa é inseparável de seus objetivos ou valores, que (...) são socialmente constituídos, e que nossa capacidade como indivíduos, especialmente para a agência soberana, é o produto de uma longa história e pré-história social. Em sua dimensão construtiva, encontramos em Nietzsche a contra alegação de que a manutenção e o cultivo de nossas capacidades são dependentes de relações de um antagonismo ponderado entre nós mesmos enquanto indivíduos, ou antes: como dividua. Esses argumentos serão desenvolvidos no que se segue em consonância com quatro principais linhas de pensamento: sobre as origens sociais e o caráter da consciência ; sobre a história e a constituição social de nossa capacidade como indivíduos soberanos [sovereign] ; sobre as origens sociais do fenômeno moral ; e sobre a destruição fisiológica do sujeito moral substancial, seguida da reconstrução fisiológica.This essay examines Nietzsche's thought on the social and historical sources of the self as a counter-argument against the liberal concept of the individual. Nietzsche, it is argued, offers a powerful critique of the asocial, antecedently individuated concept of personhood, to which the liberal notion of freedom is attached, but also an alternative counter-concept of personhood and sovereignty. On the critical side are arguments to the effect that the individual or person is inseparable from its ends or values, which in turn are socially constituted, and that our capacities as individuals, especially for sovereign agency, are the product of a long social history and pre-history. On the positive side is the constructive counter-claim that the maintenance and cultivation of our capacities for productive, autonomous agency is dependent on relations of measured antagonism both between and within us as individuals, or rather: as dividua. These arguments are reconstructed along four main lines of thought: on the social origins and character of consciousness ; on the history and social constitution of our capacities as sovereign individuals ; on the social origins of moral phenomena, understood as internalisations of communal norms ; and Nietzsche's physiological destruction of the substantial moral subject, coupled with the physiological reconstruction of the subject as dividuum. (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 following article offers a brief overview of current nanotechnology policy, regulation and ethics in Europe and The People’s Republic of China with the intent of noting (dis)similarities in approach, before focusing on the involvement of the public in science and technology policy (i.e. participatory Technology Assessment). The conclusions of this article are, that (a) in terms of nanosafety as expressed through policy and regulation, China PR and the EU have similar approaches towards, and concerns about, nanotoxicity—the official debate on (...) benefits and risks is not markedly different in the two regions; (b) that there is a similar economic drive behind both regions’ approach to nanodevelopment, the difference being the degree of public concern admitted; and (c) participation in decision-making is fundamentally different in the two regions. Thus in China PR, the focus is on the responsibility of the scientist; in the EU, it is about government accountability to the public. The formulation of a Code of Conduct for scientists in both regions (China PR’s predicted for 2012) reveals both similarity and difference in approach to nanotechnology development. This may change, since individual responsibility alone cannot guide S&T development, and as public participation is increasingly seen globally as integral to governmental decision-making. (shrink)

This book examines the current dynamic and momentous development of European security policy. In doing so, it provides an important and original contribution to both practical philosophy and to the fields of security studies and European studies. Using concrete analyses and by offering possible solutions to certain problems, the book develops an approach that is embedded in reality and which, at the same time, insists on theory and normativity. It focuses on the characteristics of new security technologies and ways in (...) which security is understood as well as their influence on the ‘Copernican Revolution’ of the modern age, through which individuals and the protection of their fundamental rights have become the focus of political legitimation. (shrink)

This paper proposes a classification of hESC research regulation by shifting from the statutory content of relevant national Laws to the method of decision-making process, in order to verify whether it is possible to identify a connection between the concrete characters of that process and its outcome. A set of procedural indexes are identified and applied to the analysed legal systems. According to an increasing fulfilment of indexes, we may individuate two main regulatory families: the ‘value oriented’ and the ‘procedure (...) oriented’ ones. The latter is developing an increasing impact within European context: it is characterised by a mix of regulatory sources, each developing a specific function. Within this model, statutory law cannot infringe a regulatory space reserved to expertise and selfregulation, developing a subsidiary function; furthermore, it has to recognise the integrative role of expertise within statutory-making process. (shrink)

My main purpose in this article is to establish the meaning of a ‘good death’ when death is self-chosen. I will take as my point of departure the new notion of ‘self-euthanasia’ and the corresponding practice that has evolved in the Netherlands in recent years. Both physician-euthanasia and self-euthanasia refer to an ideal process of a good death, the first being ultimately the physician's responsibility, while the second is definitely the responsibility of the individual choosing to die. However, if (...) we also accept the existence of a fundamental moral difference between ending another person's life and ending your own life, and if we accept this moral difference to be also relevant to the normatively laden good death, then this difference represents a strong reason for preferring self-euthanasia to physician-euthanasia. (shrink)

In July 1997 the European Commission proposed a "Directive on the Legal protection of Service based on, or consisting of Conditional Access" (to various electronic systems).This paper considers the proposed Directive within the context of the European Union's failure to develop and maintain a coherent policy relating to satellite television broadcasts direct to the individual's home (DTH) within the nascent Single European Market (SEM), and the consequences of that policy failure for "ordinary" consumers who are highly unlikely to have (...) a full understanding of the complex technical, legal and economic environment in which they are making their purchase(s). (shrink)

The EU Collective Redress Recommendation has invited Member States to introduce collective redress mechanisms by July 26, 2015. The claim of the well-known reservations concerns the potentially abusive litigation and potential settlement of not well-founded claims resulting from controversial funding of cases by means of contingency fees and from “opt-out” class action procedures. The Article posits that apart from that claim, at bottom there may be some danger that the European Commission and private interest-groups may try to pursue the enforcement (...) of their regulatory agendas in this way at the expense of individual claimants’ interests. However, in contrast to the situation in the United States, the need to complement regulatory enforcement by collective action may not appear as strong because of the relatively strict regulatory control and enforcement, which may explain EU Member States’ longstanding reluctance to adopt collective proceedings due to their concern for plaintiffs’ individual rights. Therefore, a comparative analysis is carried out to see to what extent individual rights as opposed to regulatory goals are taken into account in the different newly revised systems in place across Europe. As an interim result, the Dutch settlement procedure for mass damage claims, the English Group Litigation Order and the German test case procedure turn out to be relatively well-suited to dealing with mass damage claims. At the same time, none of them can quite reach an optimal balance between individual rights and regulatory goals and therefore each of them is subject to criticism. That is why the further question is raised as to how far these procedures could complement each other, thus contributing to the enforcement of individual rights without overregulating markets in Europe. (shrink)

The paper has three parts. First, a survey and analysis is given ofthe structure of individual rights in the recent EU Directive ondata protection. It is argued that at the core of this structure isan unexplicated notion of what the data subject can `reasonablyexpect' concerning the further processing of information about himor herself. In the second part of the paper it is argued thattheories of privacy popular among philosophers are not able to shed much light on the issues treated (...) in the Directive, whichare, arguably, among the central problems pertaining to theprotection of individual rights in the information society. Inthe third part of the paper, some suggestions are made for a richerphilosophical theory of data protection and privacy. It is arguedthat this account is better suited to the task of characterizingthe central issues raised by the Directive. (shrink)

O autor faz uma breve introdução à Filosofia, essa importante fonte de compreensão do mundo. Num primeiro momento é feita uma breve lembrança da Idade Média, centrada em Deus, para passar em seguida à revolução copernicana no campo do conhecimento humano. O homem passa a ser o centro de explicação do mundo. O eu individual, de caráter racional, ganha grandes proporções em René Descartes, enquanto o mesmo eu é enfocado como o eu que experimenta em Bacon, Galileu, Hobbes, Locke, (...) etc. A nova visão do mundo, da sociedade e do homem é justificada. As relações sociais têm novos fundamentos, o Estado Moderno ganha corpo e se diviniza. [...] Palavras-chave: Deus; Eu individual; Estado moderno; Filósofos; Idade média; Ocidente. (shrink)

The EU Artificial Intelligence Act (AIA) defines four risk categories for AI systems: unacceptable, high, limited, and minimal. However, it lacks a clear methodology for the assessment of these risks in concrete situations. Risks are broadly categorized based on the application areas of AI systems and ambiguous risk factors. This paper suggests a methodology for assessing AI risk magnitudes, focusing on the construction of real-world risk scenarios. To this scope, we propose to integrate the AIA with a framework developed by (...) the Intergovernmental Panel on Climate Change (IPCC) reports and related literature. This approach enables a nuanced analysis of AI risk by exploring the interplay between (a) risk determinants, (b) individual drivers of determinants, and (c) multiple risk types. We further refine the proposed methodology by applying a proportionality test to balance the competing values involved in AI risk assessment. Finally, we present three uses of this approach under the AIA: to implement the Regulation, to assess the significance of risks, and to develop internal risk management systems for AI deployers. (shrink)

The EU proposal for the Artificial Intelligence Act (AIA) defines four risk categories: unacceptable, high, limited, and minimal. However, as these categories statically depend on broad fields of application of AI, the risk magnitude may be wrongly estimated, and the AIA may not be enforced effectively. This problem is particularly challenging when it comes to regulating general-purpose AI (GPAI), which has versatile and often unpredictable applications. Recent amendments to the compromise text, though introducing context-specific assessments, remain insufficient. To address this, (...) we propose applying the risk categories to specific AI scenarios, rather than solely to fields of application, using a risk assessment model that integrates the AIA with the risk approach arising from the Intergovernmental Panel on Climate Change (IPCC) and related literature. This model enables the estimation of the magnitude of AI risk by considering the interaction between (a) risk determinants, (b) individual drivers of determinants, and (c) multiple risk types. We use large language models (LLMs) as an example. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, (...) equal sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

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

The purpose of the present contribution is to explore how the ECJ seeks to respect the principles underpinning national welfare systems, notably social solidarity, whilst ensuring that Member States comply with the substantive law of the European Union, in particular with the Treaty provisions on the fundamental freedoms and EU citizenship. It is submitted that in order to reconcile those two interests the ECJ has taken the view that nationals of the host Member State must show a certain degree of (...) financial solidarity with the nationals of other Member States who have established a ‘genuine or real link’ with the society of that State. With a view to establishing the existence of such a link, national authorities of the host Member State must engage in a case-by-case assessment of the personal circumstances of the EU citizen claiming social benefits. However, Förster is an important exception to the individual application of the ‘genuine or real link’ test. Although Förster does not overrule Bidar as a matter of principle, it exempts the host Member State from examining the personal situation of economically inactive students who apply for maintenance grants or student loans but have not yet completed a five-year period of residence. (shrink)

BackgroundThe EU’s 2006 Paediatric Regulation aims to support authorisation of medicine for children, thus effectively increasing paediatric research. It is ethically imperative to simultaneously establish procedures that protect children’s rights.MethodThis study endeavours (a) to evaluate whether a template consent form designed by the Standing Working Group of the German-Research-Ethics-Committees (AKEK) adequately informs adolescents about research participation, and (b) to investigate associated phenomena like therapeutic misconception and motives for research participation. In March 2016 a questionnaire study was conducted among 279 pupils (...) (mean age 13.1 years) of a secondary school in northern Germany.ResultsA majority of participants showed a general good understanding of foundational research ethics concepts as understood from the AKEK consent form. Nevertheless, our data also suggests possible susceptibility to therapeutic misconception. Own health concerns and pro-social considerations were found to be significant motivational factors for participating in research, while anticipation of pain lessens likelihood of participation. Advice from trusted others is an important decisional influence, too. Furthermore, data security was found to be a relevant aspect of adolescents’ decision-making process.ConclusionBearing in mind adolescents’ generally good understanding, we infer the lack of knowledge about medical research in general to be one source of therapeutic misconception. To further improve the quality of consent we propose a multi-staged approach whereby general research education is completed before an individual becomes a patient or potential participant. To the best of our knowledge this is the first German questionnaire-study addressing issues of informed consent in a large under-age sample. (shrink)

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