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The Current Crisis of Europe: Refugees, Colonialism, and the Limits of Cosmopolitanism 欧洲当前的危机:难民、殖民主义和世界主义的极限
Wiley-Blackwell: European Law Journal Pub Date : 2017-09-01 DOI: 10.1111/eulj.12234
Gurminder K. Bhambra
{"title":"The Current Crisis of Europe: Refugees, Colonialism, and the Limits of Cosmopolitanism","authors":"Gurminder K. Bhambra","doi":"10.1111/eulj.12234","DOIUrl":"https://doi.org/10.1111/eulj.12234","url":null,"abstract":"‘Cosmopolitan Europe’, the normative commitment that is widely understood to undergird the project of the European Union, is under threat as never before. This is manifest perhaps most prominently in Europe’s collective failure to respond to the crisis for refugees. As people flee war and destruction, we, in Europe, debate whether now is the time to give up on our human rights commitments. France is under a state of emergency and the UK in the process of withdrawing from the European Union and its associated institutions (including the European Convention on Human Rights). Voices have been raised against the burdens, financial and social, placed upon us by those we see as Other, with few public voices calling for Europe to remember its traditions of hospitality and stated commitments to human rights. In this article, I discuss the growing distance between the claims and practices of European cosmopolitanism, its roots in our shared colonial past, and the implications for the future.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"16 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126961985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 92
Gender Equality on the Boards of EU Companies: Between Economic Efficiency, Fundamental Rights and Democratic Legitimisation of Economic Governance 欧盟公司董事会中的性别平等:在经济效率、基本权利和经济治理的民主合法化之间
Wiley-Blackwell: European Law Journal Pub Date : 2015-01-01 DOI: 10.1111/eulj.12074
M. Szydło
{"title":"Gender Equality on the Boards of EU Companies: Between Economic Efficiency, Fundamental Rights and Democratic Legitimisation of Economic Governance","authors":"M. Szydło","doi":"10.1111/eulj.12074","DOIUrl":"https://doi.org/10.1111/eulj.12074","url":null,"abstract":"Currently, there is a large gap between the proportion of employed and well-educated women and those sitting on the boards of EU companies. This gap should be significantly diminished because it is mandated by the EU fundamental right of equality between women and men (Article 23 of the EU Charter of Fundamental Rights), and by the need for democratic legitimisation of the EU and of its economic governance (Articles 2 and 3(3) TEU). However, the Commission's proposal for a directive on improving the gender balance among non-executive directors of companies listed on stock exchanges does not constitute an appropriate legal solution for this problem because it infringes the principles of proportionality and subsidiarity. There are many other instruments than compulsory gender quotas that can be used by EU institutions to promote more gender-balanced boards of EU companies. The potential of such measures has not been utilised yet in full.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"185 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119427445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 26
The Consequences of Kadi: Where the Divergence of Opinion between EU and International Lawyers Lies? 卡迪案的后果:欧盟与国际律师的意见分歧在哪里?
Wiley-Blackwell: European Law Journal Pub Date : 2011-03-01 DOI: 10.1111/J.1468-0386.2010.00547.X
J. Vara
{"title":"The Consequences of Kadi: Where the Divergence of Opinion between EU and International Lawyers Lies?","authors":"J. Vara","doi":"10.1111/J.1468-0386.2010.00547.X","DOIUrl":"https://doi.org/10.1111/J.1468-0386.2010.00547.X","url":null,"abstract":"The divergence of opinion between EU and international lawyers as to the consequences of the Kadi/Al Barakaat judgment is likely to remain for the foreseeable future. While international lawyers focus their analysis on the constitutional role of the UN Charter in international law, EU lawyers seek to assert the autonomy and primacy of the EU treaties. The aim of this article is to analyse where the divergence between the two perspectives can be found. The judgment of the European Court of Justice cannot be interpreted as questioning the authority of the Security Council in discharging its duties for the maintenance of international peace and security. The consequences of the General Court's case-law as regards the EU autonomous list of terrorists should be borne in mind when faced with the implications of Kadi/Al Barakaat. It is not justified that the level of protection to the individuals or entities affected by targeted sanctions should depend on the legal framework in which the restrictive measures have been adopted (UN or EU), or on the margin of discretion left to the EU Member States by the Security Council.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119424040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 20
EU Excise Duties and Section 90 of the Australian Constitution 欧盟消费税和澳大利亚宪法第90条
Wiley-Blackwell: European Law Journal Pub Date : 2010-08-30 DOI: 10.1111/j.1468-0386.2010.00527.x
Gonzalo. Villalta Puig, Roshan Chaile
{"title":"EU Excise Duties and Section 90 of the Australian Constitution","authors":"Gonzalo. Villalta Puig, Roshan Chaile","doi":"10.1111/j.1468-0386.2010.00527.x","DOIUrl":"https://doi.org/10.1111/j.1468-0386.2010.00527.x","url":null,"abstract":"The constitutionalisation of the EU has been not without its challenges. However, putting aside the apparent political difficulties of the constitutional process, this article argues that, because the further constitutionalisation of the EU depends on its ability to assimilate some features of a federal state, there are, at least, two reasons why the EU is not yet ready for its constitutionalisation. The first reason is that its excise duty system, which permits discriminatory and protectionist behaviour by Member States, prevents the EU from achieving its fundamental objective of an internal market. The second reason is the EU's budget, which is so small that it is doubtful whether the EU will survive its continuing enlargement. As a solution to this problem, this article introduces section 90 of the Australian Constitution, which provides the Commonwealth of Australia with the exclusive power to levy excise duties. The article argues that the adoption, by the EU, of a similar fiscal arrangement would remove the discriminatory and protectionist operation of its excise duty system and help enlarge the size of the EU's budget by providing it with a self- financing mechanism.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119855841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Between ‘Common Values’ and Competing Universals - The Promotion of the EU's Common Values Through the European Neighbourhood Policy 在“共同价值观”与竞争的普遍性之间——通过欧洲邻国政策促进欧盟的共同价值观
Wiley-Blackwell: European Law Journal Pub Date : 2009-09-01 DOI: 10.1111/j.1468-0386.2009.00483.x
P. Leino, R. Petrov
{"title":"Between ‘Common Values’ and Competing Universals - The Promotion of the EU's Common Values Through the European Neighbourhood Policy","authors":"P. Leino, R. Petrov","doi":"10.1111/j.1468-0386.2009.00483.x","DOIUrl":"https://doi.org/10.1111/j.1468-0386.2009.00483.x","url":null,"abstract":"The aim of this article is to discuss the position of common values in defining the EU's identity by using the European Neighbourhood Policy (ENP) as an example. It is argued that the notion ‘common values’ is used by the EU institutions as both a universal and as an EU concept, which highlights the abstract nature of these values. This abstraction is also reflected in the way in which Russia has recently aimed to develop its own set of values which could be adopted by its neighbouring countries. The abstraction of values means that, in practice, their meaning in the context of ENP is decided by the European Commission through the implementation of Action Plans. The central position given to the promotion of common values requires that the ENP be reformulated so as to guarantee a stronger degree of participation of the neighbouring countries in the formulation and implementation of the ENP objectives.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119947613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 41
Why Do the European Court of Justice Judges Need Legal Concepts? 欧洲法院法官为何需要法律概念?
Wiley-Blackwell: European Law Journal Pub Date : 2008-10-16 DOI: 10.1111/j.1468-0386.2008.00438.x
Dorota Leczykiewicz
{"title":"Why Do the European Court of Justice Judges Need Legal Concepts?","authors":"Dorota Leczykiewicz","doi":"10.1111/j.1468-0386.2008.00438.x","DOIUrl":"https://doi.org/10.1111/j.1468-0386.2008.00438.x","url":null,"abstract":"The article considers the reasons why the European Court of Justice (ECJ) judges need legal concepts when they pronounce their judgments. It points out that the ECJ as a law-interpreting and an ipso facto law-making court needs legal concepts to communicate results of its interpretative and law-making enterprise. The article also shows how in the context of Article 234 EC preliminary ruling procedure legal concepts become useful tools of portraying ECJ judgments as mere products of interpretation and not as the results of subsuming the facts of the case into a legal provision. It is by means of application of legal concepts, that the ECJ judges are able to justify that they are not overstepping the mandate they have been entrusted with. In the same time the use of legal concepts enables them to engage in dialogue with national judges, who seek guidance as to the content of EC law rules, and to maintain a strong doctrine of precedent. Most importantly, however, the use of concepts promotes coherence which, the article maintains, is the primary source of Community law's authority, and thus constitutes the foundational technique of persuading the relevant audience that Community law is indeed a legal system.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117936204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
Lautorité De Lunion Européenne Edited by Loïc Azoulai and Laurence Burgorgue-Larsen 《欧盟权威》，loic Azoulai和Laurence Burgorgue-Larsen编辑
Wiley-Blackwell: European Law Journal Pub Date : 2008-03-19 DOI: 10.1111/J.1468-0386.2008.00418_1.X
Steven Blockmans
{"title":"Lautorité De Lunion Européenne Edited by Loïc Azoulai and Laurence Burgorgue-Larsen","authors":"Steven Blockmans","doi":"10.1111/J.1468-0386.2008.00418_1.X","DOIUrl":"https://doi.org/10.1111/J.1468-0386.2008.00418_1.X","url":null,"abstract":"","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"118369986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
EU Relations with European Micro-States - Happily Ever after? 欧盟与欧洲小国的关系——从此以后幸福吗?
Wiley-Blackwell: European Law Journal Pub Date : 2007-12-21 DOI: 10.1111/j.1468-0386.2007.00403.x
Dániel Dózsa
{"title":"EU Relations with European Micro-States - Happily Ever after?","authors":"Dániel Dózsa","doi":"10.1111/j.1468-0386.2007.00403.x","DOIUrl":"https://doi.org/10.1111/j.1468-0386.2007.00403.x","url":null,"abstract":"The last decade has seen the EU striving to bring uniformity into its relations with its immediate neighbors. Such endeavor has led the EU to adopt the European Neighborhood Policy towards countries with no immediate prospects of accession and to follow more or less similar pre-accession strategies towards candidate and to-be candidate countries. However, European micro-states (Andorra, Liechtenstein, San Marino and Monacothe Vatican not being the subject of this article) have always occupied an exceptional position in the EU's web of external relations. This article provides a brief but concise overview of the international legal framework governing the bilateral relations of the EU with these small countries. Through the examination of their peculiar historical, social, geographic and economic attributes, it is argued that the advantages that micro-states have been able to reap so far from the unique position they enjoy in the EU and the global economy may not be easily reconcilable in the future with the EU's ever-increasing appetite to unify, standardize and harmonize.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117873722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Employee Rights on Transfer of Undertakings: Italian Legislation and EC Law 企业转让中的雇员权利:意大利立法与欧共体法
Wiley-Blackwell: European Law Journal Pub Date : 2007-12-21 DOI: 10.1111/j.1468-0386.2007.00401.x
Marco Novella, Maria Luisa Vallauri
{"title":"Employee Rights on Transfer of Undertakings: Italian Legislation and EC Law","authors":"Marco Novella, Maria Luisa Vallauri","doi":"10.1111/j.1468-0386.2007.00401.x","DOIUrl":"https://doi.org/10.1111/j.1468-0386.2007.00401.x","url":null,"abstract":"The authors examine the conformity with Community law of the recent regulatory changes introduced to the Italian legal system regarding the safeguarding of employees' rights during transfers of undertakings. The investigation takes place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex Article 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive.","PeriodicalId":140722,"journal":{"name":"Wiley-Blackwell: European Law Journal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"118100474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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