提升女性就业和生育兼容性的路径选择——基于对国外家庭支持政策制度设计的分析

家庭支持政策是影响女性就业和生育兼容性的关键因素。公共托育服务的普及、托育成本的下降、托育开放时间的延长以及生育假期制度有利于提高女性就业和生育的兼容性。因此,应对托育制度、生育假期和生育津贴制度进行完善,并对贫困生育女性提供托育支持和技能培训,以提高我国女性就业和生育的兼容性,优化“全面二孩”政策的实施效果。     

Child-related leave and women’s labour market outcomes: towards a new paradigm in the European Union?

The current European Union (EU) legislative framework on child-related leave is facilitating an imbalance in the take-up of leave by women over men. There is a consolidated EU right to maternity leave for mothers but there is no parallel EU right to paternity leave for fathers. The EU right to parental leave is for both working mothers and fathers, but its design does not encourage an equal take-up by women and men. The aim of this article is to gain insight into the effects of child-related leave on women’s labour market outcomes. On the one hand, it reviews and analyses economic literature which points to the adverse consequences of leave on women’s earnings, and even on women’s labour market participation when the absences from work are very prolonged. On the other hand, it underlines the new direction followed by the European Commission towards greater equality between men and women at home and at work.     

European educational policy on shifting sand?

European integration makes educational policy even more important, especially as an instrument to forge the future of Europe. This growing consciousness is a motivation to critically analyse and compare the educational policies of the countries of the European Union. This investigation is only realistic on condition that the research objectives are clearly set out. Therefore, the following questions guide the article: 1. Concerning the ‘facts’: – Can the history of European educational policies provide us with a taxonomy to distinguish ‘types’ of educational policy? – What are the main changes concerning both structures and role conceptions in the field of educational policy? – Is educational policy autonomous or is this policy influenced by other leading sub-systems? – What is the impact of supra-national organisations on educational policies? – Are educational policies in the EU visibly influenced by (new?) underlying ‘ideologies’? – What are the main current policy issues in the EU-countries? 2. Concerning the ‘trends’: Is it possible to deduce certain ‘trends’ from the comparative analysis of the mentioned ‘facts’? 3. Concerning the ‘critical analysis’: – Does the literature on educational policy analysis provide us with ‘critical interpretation schemes’? – What will the outcome be if the discovered ‘facts’ and ‘trends’ are confronted with such-like schemes? The article concludes with some critical recommendations concerning the future of educational policy in the EU.     

The Human Rights Clause in the European Union's External Trade and Development Agreements

Abstract: Since 1992, the European Union (EU) has included in all its agreements with third countries a clause defining respect for human rights and democracy as an ‘essential element’ of its external relationship. A Council decision of May 1995 spells out the basic modalities of this clause, with the aim of ensuring consistency in the text used and its application. The human rights clause is unique to the EU's bilateral agreements, and now applies to over 120 countries. It represents a new model for EU external relations as well as for international cooperation. The EU plays a leading role in the WTO and international economic relations. The human rights clause will have implications for the development of international rules concerning trade‐related human rights policy.     

欧洲共同体船东协会等国际组织赞赏欧洲议会支持《鹿特丹规则》

欧洲议会关于《2018年前欧盟海运政策战略目标及建议》的2010年5月5日决议[2009/2095（INl）]明确建议欧盟成员国应当推动《鹿特丹规则》的尽快签署、批准和执行,以构建崭新的海事责任体系。欧洲共同体船东协会（ECSA）、国际航运公会（ICS）、波罗的海国际海运公会（BIMCO）以及世界海运理事会（WSC）联合发布新闻,对这一建议表示欢迎。     

The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

Once more with ‘sympathy’ but no resolution for intended mothers: the EU,Ireland and the surrogacy dilemma

This article examines the decision of the Court of Justice of the European Union (CJEU) in Z v A Government Department and the Board of Management of a Community School and the court’s interpretation of existing EU legislation on whether commissioning or intended mothers are entitled to paid leave equivalent to maternity benefit. It highlights the failure of the CJEU in this case to call for specific EU legislation on the issue of surrogacy. The Irish Courts have been more proactive in this regard. The Supreme Court has acknowledged that ‘pending the introduction … of legislation dealing with this field, it is … not for the courts to attempt to resolve the complex questions that need to be addressed’. This article compares recent decisions of the Irish Courts to that of the CJEU as they struggle to keep abreast with modern society in the absence of legislation at national and EU level.     

Reforming Europe's Common Foreign and Security Policy

Abstract: The reform of the constitutional foundations of Europe's Common Foreign and Security Policy (CFSP) featured prominently on the agenda of the European Convention. To the great surprise of many observers the much lamented absence of a common European response to the war in Iraq did not prevent the Convention from agreeing upon an ambitious reform package in the foreign‐policy field. This article explores the legal implications of the new institutional balance for European foreign policy envisaged by the Convention against the background of the achievements and deficiencies of Europe's existing foreign policy regime. Thereby, we shall see in how far the Convention has met the original goal set by the Laeken European Council to consider reform steps to strengthen the Union's ability to ‘shoulder its responsibilities in the governance of globalisation.’ 1     

Every complaint matters: Human Rights Commissioner's opinion concerning independent and effective determination of complaints against the police

Police complaints are a developing area of European human rights law and criminal justice policy. In response to the risk of cultures of police impunity emerging in some European states the Council of Europe Commissioner for Human Rights launched a police complaints initiative in 2008. Written by the consultant to the Commissioner this paper examines his recently published Opinion concerning independent and effective determination of complaints against the police. Firstly, an overview is presented of the different types of complaints mechanism currently operating across Europe. This is followed by an outline of the five police complaints principles developed in the jurisprudence of European Court of Human Rights and explanation of the two-tiered citizen oversight approach advocated in the Commissioner's Opinion. The paper concludes with a discussion of the importance of the principles as a means for ensuring that every police complaint is handled appropriately and proportionately.     

CREDIBLE RESEARCH PRACTICES TO INFORM DRUG LAW ENFORCEMENT

Chairing the recent National Research Council Committee on Data and Research for Policy on Illegal Drugs, I learned that our nation has invested little in research on drug law enforcement and that the limited available research does not provide a credible basis for formation of drug control policy. This commentary conjectures reasons for the distressing status quo and recommends changes in research practices that may improve matters.     

网络化传统型犯罪的侦查

我国目前网络化传统型犯罪的现状不容乐观,网络化传统型犯罪不属于刑法中的计算机犯罪,也不能等同于网络犯罪。对网络化传统犯罪的侦查存在管辖、定性、取证、程序等多方面的问题。完善立法,加强侦查方法和程序的研究,强化侦查协作,重视对网络化传统型犯罪的预防是网络化传统犯罪侦查的基本策略与措施。     

Europe Entrapped

The EU in 2013 finds itself at the crossroads of either something considerably better or something much worse than the status quo; in other words, in a crisis. That much is nearly universally understood, both within Europe and widely beyond. So I am certainly not alone in believing that the current crisis, a crisis that is the cumulative outcome of a financial market, sovereign debt and EU integration/democratic deficit crises, is an extremely serious and unprecedented one, frightening due to its complexity and uncertainty. If it cannot soon be resolved (but nobody knows how soon is ‘soon enough’) through a major institutional overhaul of the EU, both the political project of European integration and the global economy will suffer badly—to say nothing about the massive social suffering it has caused already in the countries of the European periphery.     

走向具体法治

宏大价值的实现 ,主要依赖于具体政制、法律和程序。只有通过具体法治 ,才能使法治达到名归实至的境界。     

Divisions of labour: maternity protection in Europe

Incapacity for work on the grounds of pregnancy and birth-related illness has long proved problematic for the courts, resulting, on occasion, in lawful dismissal based on a comparison between the woman concerned and a sick male worker. The European Court of Justice has recently clarified the duration of the 'protected period'that lasts throughout pregnancy and the period of maternity leave, during which dismissal will be prohibited. However, the duration of leave provided by Member States differs, resulting in a wide degree of variation for such protection. Furthermore, where illness arises or persists following childbirth, women will continue to be vulnerable to dismissal. This article considers the impact of caselaw developments and examines the provision of maternity leave in Europe, which, contrary to the harmonization originally envisaged by the introduction of the Pregnant Workers Directive (92/85/EEC), appears to be subject to a high degree of variation.     

Blocking change: facing the drag of status quo fisheries institutions

Under what conditions can international environmental institutions survive changing power alignments? This article argues that relatively declining powers and private domestic actors play an important role in preserving the status quo because they are eager to retain advantages that existing institutions afford them. This effort to block change affects fisheries negotiations, in particular, by allowing powerful actors to avoid new rules once an institution is in place. I hypothesize, first, that relatively declining fishing powers attempt to retain past institutional successes, while emerging fishing powers seek to alter the status quo. Second, negotiating positions reflect not only a country’s position in the world, but also the access provided to domestic stakeholders who wish to gain, or fear losses, from new agreements. Therefore, I hypothesize that powerful beneficiaries in domestic politics push relatively declining powers to support the status quo when those private actors benefit from highly legalized past agreements and participate in foreign policy decisions. I test these hypotheses by exploring US and EU approaches to fisheries treaty negotiations through archival research and interviews with fisheries negotiators. The evidence supports hypotheses that status quo powers seek to protect earlier deals more intensely when they negotiate with rising fishing powers, and when private parties are most influential. As hypothesized, both governments are particularly protective of the most complex earlier agreements under these conditions.     

Market structures,political surroundings,and merger remedies: an empirical investigation of the EC’s decisions

This paper aims to build and empirically evaluate a discrete choice model of merger remedies as a basis for policy analysis. The database consists of 229 merger cases accepted in Phase I or Phase II of the European merger process between 1990 and 2005. We focus on the following question: Which merging firms’ characteristics lead the European Commission to decide whether to require conditional acceptance? Although a lot of empirical studies have been carried out these last years, ours is distinguished by at least two original features. First, we explore determinant factors of the Commission’s decisions with a neural network model differentiating cases accepted with or without remedies (either structural or behavioral). Secondly, we implement three multinomial logit models. We find that variables related to high market power lead more frequently to a remedy outcome, no matter the phase. Innovative industries such as energy, transportation and communications positively affect the probability of a behavioral remedy. Lastly, former Competition Commissioner Mario Monti’s policy appears to be pro-remedy, i.e. seeking concessions from merging parties.     

Codifying Temporary Stability? The Role of Interinstitutional Agreements in Budgetary Politics

Abstract:  The article analyses the potential of Interinstitutional Agreements (IIAs) for resolving conflicts in the field of EU budgetary policy. In the 1970s and 1980s, annual budgetary procedures were characterised by intense interinstitutional battles, mainly between the Council and the European Parliament. IIAs concluded during this period tried to clarify pertinent Treaty provisions, but proved to be insufficient to resolve budgetary conflicts stemming from the more general problem of the uneven allocation of budgetary and legislative power between the two institutions involved. It was not before the fundamental budgetary reform in 1988—agreed upon by the European Council and implemented through an IIA along with the gradually increased role in legislative politics granted to European Parliament through several Treaty amendments—that budgetary stability—arrived. Hence, IIAs can be regarded as an improper means to solve profound constitutional problems. Yet, they can be considered as suitable tools to arrange technical details.     

The ‘Strasbourg Effect’ on data protection in light of the ‘Brussels Effect’: Logic,mechanics and prospects

This article considers various factors that will shape the potential effect of the Council of Europe's modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU data protection law. The central arguments advanced in the article are that the impact of Convention 108+ beyond Europe will rest primarily on the Council of Europe's ideational power tempered by processes of acculturation, and secondarily on the degree to which the EU is willing to use the ‘Brussels Effect’ as a vehicle for promoting non-European states’ accession to the Convention.     

Interests,Instruments and Institutional Preferences in the EU Comitology System: The 2006 Comitology Reform

This paper seeks to reveal the institutional interests of the Council of Ministers, the European Parliament and the Commission in the comitology system. This is done by an investigation of the 2006 comitology reform, which introduced the regulatory procedure with scrutiny. This reform was the result of developments in four areas: the Lamfalussy reform in the area of financial regulation; the controversial use of comitology in the area of GMOs, food safety and the environment; the failed Constitutional Treaty; and the amending of the 1999 comitology decision. The analysis shows that the reform was the result of a two‐dimensional constitutional struggle. The first dimension concerns the relative supervisory position of the two legislative actors, the Council and the European Parliament. The second dimension concerns the relationship between the legislative and the executive branch of the EU system. In theoretical terms, the analysis demonstrates an example of T.M. Moe's ‘politics of structural choice’. The paper ends by drawing lessons for the negotiations on the new comitology system following the Lisbon Treaty.     

30 years on - The review of the Council of Europe Data Protection Convention 108

The Council of Europe is engaging in a process of revising its Data Protection Convention (Convention 108) to meet and overcome these challenges. The Council of Europe celebrates this year the 30th Anniversary of its Data Protection Convention (usually referred to as Convention 108) which has served as the backbone of international law in over 40 European countries and has influenced policy and legislation far beyond Europe’s shores. With new data protection challenges arising every day, the Convention is revising its Data Protection Convention. Computer Law and Security Review (CLSR) together with the Intl. Association of IT Lawyers (IAITL) and ILAWS have submitted comments in response to the Expert Committee’s public consultation on this document. CLSR aims to position itself at the forefront of policy discussion drawing upon the high quality scholarly contributions from leading experts around the world.