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Socializing the European Semester? Economic Governance and Social Policy Coordination in Europe 2020 欧洲学期的社交活动?欧洲经济治理与社会政策协调2020
Pub Date : 2014-10-01 DOI: 10.2139/SSRN.2511031
J. Zeitlin, B. Vanhercke
This paper analyzes how EU social objectives and policy coordination have been integrated into the Europe 2020 Strategy and the Union’s emerging post-crisis architecture of economic governance. Based on published and unpublished documents as well as interviews with high-level policy makers, the paper argues that since 2011, there has been a progressive ‘socialization’ of the ‘European Semester’ of policy coordination, in terms of an increasing emphasis on social objectives and targets in the EU’s priorities and country-specific recommendations; an intensification of social monitoring, multilateral surveillance, and peer review; and an enhanced role for social and employment actors, especially the Employment and Social Protection Committees. The paper interprets these developments not only as a response by the Commission and other EU institutions to rising social and political discontent among European citizens with the consequences of post-crisis austerity policies, but also as a product of reflexive learning and creative adaptation by social and employment actors to the new institutional conditions of the European Semester: another form of ‘socialization’.
本文分析了欧盟的社会目标和政策协调如何融入欧洲2020战略和欧盟新兴的危机后经济治理架构。基于已发表和未发表的文件以及对高层政策制定者的采访,本文认为,自2011年以来,在欧盟优先事项和具体国家建议中越来越强调社会目标和指标方面,政策协调的“欧洲学期”出现了逐步的“社会化”;加强社会监测、多边监督和同行审查;加强社会和就业行为者,特别是就业和社会保护委员会的作用。本文不仅将这些发展解释为欧盟委员会和其他欧盟机构对危机后紧缩政策所带来的欧洲公民日益增长的社会和政治不满的回应,而且还将其解释为社会和就业行动者对欧洲学期新制度条件的反思学习和创造性适应的产物:另一种形式的“社会化”。
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引用次数: 104
United in Autonomy? The Question of EU Internal Enlargement 联合自治?欧盟内部扩大问题
Pub Date : 2014-09-26 DOI: 10.2139/SSRN.2520791
M. Chamon
Before setting out some observations on the topic which was assigned to me, I would like to start with a general disclaimer: the problem which we are discussing today is, ultimately, a fundamentally political issue. Discussing the legal challenges which an EU region vying for independence will encounter inevitably draws one into political questions. However, in my intervention I will try to keep a clear legal focus, leaving the political issues to the political actors.Turning to the assigned topic, it is worth pointing out the assumptions which underlie the question on 'internal enlargement.' Thus, should a region of an EU Member State become independent, it would indeed be in the economic and political interest of that region to try and secure its own EU membership as fast and smoothly as possible, as a matter of self-preservation. Secondly, the notion of enlargement already hints at the hurdles which such a region would have to overcome, similarly to the challenges faced by a third country when it applies for membership of the EU under Article 49 TEU.
在对分配给我的这个题目发表一些看法之前,我想首先提出一个一般性的免责声明:我们今天讨论的问题归根结底是一个根本的政治问题。讨论一个争取独立的欧盟地区将面临的法律挑战,不可避免地会涉及政治问题。然而,在我的发言中,我将尽量保持明确的法律焦点,把政治问题留给政治行为者。回到指定的主题,有必要指出“内部扩大”问题背后的假设。因此,如果一个欧盟成员国的一个地区独立,作为一个自我保护的问题,试图尽快和顺利地获得自己的欧盟成员国身份,确实符合该地区的经济和政治利益。其次,扩大的概念已经暗示了这样一个地区必须克服的障碍,类似于第三国在根据第49条TEU申请加入欧盟时所面临的挑战。
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引用次数: 0
Succession to EU Membership - The Legal Challenges of Internal Enlargement 欧盟成员资格的继承——内部扩大的法律挑战
Pub Date : 2014-09-15 DOI: 10.2139/SSRN.2496336
P. Dermine
Nationalism seems to have gained momentum in some parts of our continent (Scotland, Catalonia, Flanders,…). Considering the current context, the emergence of breakaway regions as fully-fledged states is no longer a chimera but has become intellectually conceivable. The relationship between these potentially independent states and the European Union is one of the pivotal issues that this scenario raises. Automatic accession or ex novo admission? Would those new entities naturally succeed to EU membership? Two conflicting theses have emerged, and the debate rages between the Union, its member states and nationalist political parties. This article intends to clarify the situation. After summarizing the position of the various actors involved, it will then thoroughly scrutinize European and international law, reaching a legally-sound conclusion on the issue. Finally, given its findings, this article will identify lines that should guide the Union’s reaction, should this scenario become a reality.
民族主义似乎在欧洲大陆的某些地区(苏格兰、加泰罗尼亚、佛兰德斯……)获得了动力。考虑到目前的背景,分裂地区作为成熟国家的出现不再是一种幻想,而是在理智上可以想象的。这些潜在独立国家与欧盟之间的关系是这种情况引发的关键问题之一。自动加入还是重新加入?这些新实体会自然而然地成为欧盟成员国吗?两个相互矛盾的论点已经出现,欧盟、其成员国和民族主义政党之间的争论也在激烈进行。本文旨在澄清这一情况。在总结了有关各方的立场后,它将彻底审查欧洲和国际法,就这一问题达成法律上合理的结论。最后,鉴于其调查结果,本文将指出,如果这种情况成为现实,应指导欧盟的反应。
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引用次数: 0
Behavioural Economics and the EU Merger Control Regime 行为经济学与欧盟合并管制制度
Pub Date : 2014-08-07 DOI: 10.2139/ssrn.2477458
M. Giannino
Academics and competition enforces advocated the idea to use behavioural economics to apply competition law. The believe that the so-called behavioural antitrust should provide for a more accurate understanding of the conducts of economic operators. It is however unsettled whether behavioural antitrust may have a role in merger control. This paper deals with the question whether behavioural economics can play an effective role in EU merger control and how it can be possibly incorporated into it. It can be argued that the European Commission already takes into consideration the concerns voiced by behavioural economists about the biases of consumers and undertakings. Therefore, at this stage of development the role behavioural antitrust may have in the context of the EU merger control seems to be still quite limited.
学者和竞争执法机构主张使用行为经济学来适用竞争法。他们认为,所谓的行为反垄断应该提供对经济经营者行为的更准确的理解。然而,行为反垄断是否会在并购控制中发挥作用还不确定。本文探讨了行为经济学能否在欧盟并购控制中发挥有效作用以及如何将其纳入欧盟并购控制的问题。可以说,欧盟委员会已经考虑到了行为经济学家对消费者和企业偏见所表达的担忧。因此,在这个发展阶段,行为反垄断在欧盟并购控制背景下可能发挥的作用似乎仍然相当有限。
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引用次数: 0
How Far Away is a Single European Labor Market? 欧洲单一劳动力市场还有多远?
Pub Date : 2014-08-01 DOI: 10.2139/ssrn.2481572
Annabelle Krause-Pilatus, Ulf Rinne, K. Zimmermann
A Single European Labor Market, particularly involving the free movement of workers within Europe, has been a goal of the European community since the 1950s. Whereas it may entail opportunities and drawbacks alike, the benefits – such as greater economic welfare for most citizens – are supposed to outweigh the losses. However, over fifty years after the aim was first established, a Single European Labor Market has not yet been achieved. This paper gives an overview of current European macroeconomic trends, with a particular focus on the Great Recession, and also explores the drivers of and obstacles to labor mobility. Complementarily, it analyzes the results of a unique opinion survey among labor market experts, as well as formulates policy recommendations to enhance mobility. The development of a Single European Labor Market is also discussed in relation to the German model.
自20世纪50年代以来,单一的欧洲劳动力市场,特别是涉及欧洲内部工人的自由流动,一直是欧洲共同体的目标。尽管它可能带来机会,也可能带来弊端,但它的好处——比如大多数公民获得更大的经济福利——应该大于损失。然而,在这一目标首次确立后的50多年里,单一的欧洲劳动力市场尚未实现。本文概述了当前欧洲宏观经济趋势,特别关注大衰退,并探讨了劳动力流动的驱动因素和障碍。此外,报告还分析了一项针对劳动力市场专家的独特意见调查结果,并提出了加强流动性的政策建议。本文还讨论了欧洲单一劳动力市场的发展与德国模式的关系。
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引用次数: 20
The EU-Ukraine Association Agreement: Assessment of an Innovative Legal Instrument 欧盟-乌克兰联系国协定:一项创新法律文书的评估
Pub Date : 2014-07-10 DOI: 10.2139/SSRN.2464681
Guillaume Van der Loo, Peter Van Elsuwege, R. Petrov
This paper analyses the EU-Ukraine Association Agreement (AA). It argues that this new legal framework, which has the objective to establish a unique form of political association and economic integration, is characterised by three specific features: comprehensiveness, complexity and conditionality. After a brief background of the EU-Ukraine relations, the following aspects are scrutinised: legal basis and objectives, institutional framework and mechanisms of enhanced conditionality and legislative approximation. In addition, constitutional challenges for the effective implementation of the EU-Ukraine AA are discussed. Based upon a comparison with other EU external agreements, it is demonstrated that the AA is an innovative legal instrument providing for a new type of integration without membership.
本文对欧盟-乌克兰结盟协定(AA)进行了分析。它认为,这一新的法律框架的目的是建立一种独特的政治联合和经济一体化形式,它具有三个具体特点:全面性、复杂性和条件性。在简要介绍欧盟-乌克兰关系的背景之后,本文将仔细审查以下方面:法律基础和目标、体制框架和加强条件限制和立法近似的机制。此外,本文还讨论了有效实施欧盟-乌克兰AA所面临的宪法挑战。通过与其他欧盟外部协议的比较,表明机管局是一项创新的法律文书,提供了一种新型的无成员一体化。
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引用次数: 50
Development of the Sustainability Aspects of EU Energy Policy 欧盟能源政策可持续性方面的发展
Pub Date : 2014-07-06 DOI: 10.4337/9781849805834.00008
S. Penttinen, K. Talus
This chapter will examine and discuss the sustainability aspects of EU energy policy. This area of EU energy policy rests primarily on three main legs: promoting energy efficiency, promoting renewable energy and the EU emission trading scheme. In all these areas EU has adopted a thick and growing body of secondary legislation. This chapter will present the main components of these regulatory instruments and their development. In addition, examples of other EU sustainability measures in energy sector are also discussed. In all areas of action, the development has moved from voluntary soft-objectives to or towards binding targets.
本章将研究和讨论欧盟能源政策的可持续性方面。欧盟能源政策的这一领域主要有三个支柱:提高能源效率、促进可再生能源和欧盟排放交易计划。在所有这些领域,欧盟都采用了大量且不断增长的次级立法。本章将介绍这些监管工具的主要组成部分及其发展。此外,还讨论了欧盟在能源领域的其他可持续发展措施。在所有行动领域,发展已经从自愿的软目标转向或朝向有约束力的目标。
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引用次数: 1
European Defence in Times of Austerity – The Case of Southern Europe 紧缩时期的欧洲防务——以南欧为例
Pub Date : 2014-07-01 DOI: 10.2139/ssrn.2464086
N. Teixeira, A. S. Pinto
The global economic and financial crisis, which broke out in 2008, had a significant impact on European countries and, consequently, on its fiscal and budgetary decisions in the various policy areas. Security and Defence were no exception. Although the fact that the international security context continues to require a proper response to a set of transnational and sub-national risks and threats, the European countries decided to adapt their budgets to an environment of economic crisis, namely by applying austerity measures to its defence structures. This article analysis the impact of these austerity measures in four southern European countries – Portugal, Spain, Italy and Greece – arguing that, despite national particularities, there are some common trends regarding the Defence and Armed Forces sector: the decline in Defence expenditure; an overall reduction in manpower, both civilian and military; the decrease of investment, procurement and RD and a reduction of military peacekeeping deployments. In order to overcome the consequences that the economic crisis had in the European Union Defence dimension, this article argues that the current context should be taken as an opportunity. At the national level, through the promotion of structural reforms of the Defence and Armed Forces that allow to maintain the same level of ambition, but with optimizing resources. At the European Union level, Defence cooperation should be seen as the better way to improve capabilities in any level of spending, either through overall common instruments or through sub-regional security and defence cooperation mechanisms.
2008年爆发的全球经济和金融危机对欧洲国家产生了重大影响,因此对其在各个政策领域的财政和预算决策产生了重大影响。安全和国防也不例外。尽管国际安全情况继续要求对一系列跨国和次国家风险和威胁作出适当反应,但欧洲国家决定调整其预算以适应经济危机的环境,即对其国防结构采取紧缩措施。本文分析了这些紧缩措施对四个南欧国家- -葡萄牙、西班牙、意大利和希腊- -的影响,认为尽管各国存在特殊性,但国防和武装部队部门存在一些共同趋势:国防开支下降;全面裁减文职和军事人员;投资、采购和研发的减少以及维和军事部署的减少。为了克服经济危机对欧盟防务方面的影响,本文认为应将当前的情况视为一个机会。在国家一级,通过促进国防和武装部队的结构改革,使其能够保持相同水平的雄心,但同时优化资源。在欧洲联盟一级,防务合作应被视为通过全面的共同手段或通过分区域安全和防务合作机制提高任何开支水平的能力的更好方式。
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引用次数: 3
Will Ireland Get Access to the ESM Retrospectively – Which Countries Will Support Us? 爱尔兰会回溯地进入ESM吗?哪些国家会支持我们?
Pub Date : 2014-07-01 DOI: 10.2139/ssrn.2461391
Patricia Mcgrath
Despite verbal assurarces that Europe was committed to separating Ireland's banking and sovereign debt, Ireland is now very much isolated in its stance to get bank recapitalisation via the ESM retrospectively. The debate over whether Ireland was forced to bail in the senior bondholders is discussed in this paper. The likelihood of support from Eurozone countries is also discussed and the conclusion is that almost 60% support is likely. Ireland may be able to argue that it is a special case as it could not apply the 8% loss to bondholders in 2010, because it was not permitted to do so.
尽管欧洲口头保证将致力于分离爱尔兰的银行债务和主权债务,但爱尔兰目前在通过ESM追溯获得银行资本重组的立场上非常孤立。本文讨论了爱尔兰是否被迫在优先债券持有人中纾困的争论。欧元区国家支持的可能性也进行了讨论,结论是几乎60%的支持是可能的。爱尔兰可能会辩称,它是一个特例,因为它不能在2010年将8%的损失适用于债券持有人,因为它不被允许这样做。
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引用次数: 0
Towards an Asymmetric European Union, Without an Asymmetric European Parliament 建立一个不对称的欧盟,但不要有不对称的欧洲议会
Pub Date : 2014-06-20 DOI: 10.2139/ssrn.2460126
Elena Griglio, N. Lupo
In the last few years, the European integration process has increasingly resorted to flexible mechanisms of co-operation and decision-making, involving only a limited number of European Union (EU) Member States. The economic and financial crisis itself - and above all the response of the EU to the crisis - has undoubtedly favoured the trend.These ongoing asymmetric mechanisms deeply challenge the supranational architecture upon which the EU experience is based, determining a major change in the formal role and powers of both the European and national institutions. In particular, the European Parliament is incapable of adapting its internal functioning to the asymmetric schemes. In order to contrast these trends, some hypotheses of reform have been formulated, aiming either at building a new institution, a sort of Euro-Parliament; or at adapting the internal organisation of the EP to ongoing asymmetric tendencies limiting the voting rights of MEPs.The essay challenges both these hypothesis, assuming that responding to the increasing asymmetries of the EU by making the existing institutions, above all the European Parliament, more asymmetric, would consistently endanger the cohesion of the Union and threaten the good functioning of its governing bodies. Rather, the approach should be based upon a re-consideration of the overall representative circuit upon which the EU is founded. This implies that an even more asymmetric EU will have to rely on its traditional channels of parliamentary representation: what will need to change is not related to the nature or the format of parliamentary representation, but rather to its operative patterns, which should count on strengthened cooperation among parliaments to accommodate asymmetric tendencies in the EU governance with flexible forms of interaction in the scrutiny of such procedures.
在过去几年中,欧洲一体化进程日益诉诸于灵活的合作和决策机制,其中只涉及有限数量的欧洲联盟(欧盟)成员国。经济和金融危机本身——尤其是欧盟对危机的反应——无疑有利于这一趋势。这些持续的不对称机制深刻挑战了欧盟经验所依据的超国家架构,决定了欧洲和国家机构的正式角色和权力的重大变化。特别是,欧洲议会无法使其内部职能适应不对称机制。为了对比这些趋势,人们提出了一些改革设想,旨在建立一个新的机构,一种欧洲议会;或者调整欧洲议会的内部组织,以适应目前限制欧洲议会议员投票权的不对称趋势。这篇文章对这两个假设都提出了挑战,认为通过让欧盟现有机构(尤其是欧洲议会)变得更加不对称,来应对欧盟日益加剧的不对称,将持续危及欧盟的凝聚力,并威胁到其管理机构的良好运作。更确切地说,这种方法应该基于对欧盟赖以建立的整个代表体系的重新考虑。这意味着一个更加不对称的欧盟将不得不依赖其传统的议会代表渠道:需要改变的不是议会代表的性质或形式,而是其运作模式,这应该依靠加强议会之间的合作,以适应欧盟治理中的不对称趋势,在审查这些程序时采取灵活的互动形式。
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引用次数: 12
期刊
International Institutions: European Union eJournal
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