欧盟劳动法在欧盟政治经济一体化中的作用

一、欧盟政治经济一体化与欧盟劳动法关系之缘起自1951年《建立欧洲煤钢共同体条约》(简称《巴黎条约》)揭开了欧盟一体化的序幕开始,欧盟政治经济一体化的进程已经走过了五十余年。所谓一体化(Intergration),最早是源于经济一体化,后拓展认为是由不同的社会、国家及经济体跨越     

一体化进程中的欧盟税法

欧盟税法反映了欧盟税制协调的成果。欧盟税法在目标、功能、法律渊源等方面都不同于某一主权国家的税法;它的实现主要取决于其成员国的意志。就世界范围而言,欧盟一体化的税法在调整范围和调整深度方面也已经远远走在了各区域经济体的前面,但尚未达到任何一个联邦国家的联邦税法发展的程度。展望未来,欧盟税法一体化的发展仍将经历一个漫长而曲折的过程。     

Transparency in the EU Council of Ministers: An Institutional Analysis

The development of access to documents and open meetings provisions by the Council of Ministers of the European Union shows an interesting pattern: before 1992 no formal transparency provisions existed, between 1992 and 2006 formal transparency provisions dramatically increased, and since 2006 this increase has come to a halt. This paper aims to enhance our understanding of these shifts by conducting a historical institutional analysis of policy change. As explanatory factors, we consider the preferences and power resources of Member States, as well as external catalysts and social structures. We conclude that the current revision deadlock is more stable than the situation before 1992 because now the pro‐transparency coalition and transparency‐sceptic Council majority have entrenched their positions. Nevertheless, and in spite of Council entrenchment, we expect that Council transparency will continue to develop in the longer term, under the pressure of increasingly influential outside actors, particularly the European Parliament.     

EU Citizenship and Political Identity: The Demos and Telos Problems

Citizenship is the cornerstone of a democratic polity. It has three dimensions: legal, civic and affiliative. Citizens constitute the polity's demos, which often coincides with a nation. European Union (EU) citizenship was introduced to enhance ‘European identity’ (Europeans’ sense of belonging to their political community). Yet such citizenship faces at least two problems. First: Is there a European demos? If so, what is the status of peoples (nations, demoi) in the Member States? The original European project aimed at ‘an ever closer union among the peoples of Europe.’ Second: Citizens are members of a political community; to what kind of polity do EU citizens belong? Does the EU substitute Member States, assume them or coexist alongside them? After an analytical exposition of the demos and telos problems, I will argue for a normative self‐understanding of the EU polity and citizenship, neither in national nor in federal but in analogical terms.     

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.     

Education,Languages and Linguistic Minorities in the EU: Challenges and Perspectives

Although, with the coming into force of the Lisbon Treaty, two provisions of EU primary law now refer to ‘minorities,’ there are no explicit EU competences and policies to promote the rights of minority groups in education. Nevertheless, EU law has a strong potential to impact the educational rights of linguistic minorities in Member States. To evaluate the right to access education, with an emphasis on the needs of minorities to preserve their identity, this paper first discusses the EU's relevant competences in education (Part II) and then in languages (Part III). Based on the analysis of relevant EU provisions, the paper concludes that EU law is unlikely to offer meaningful protection to linguistic minorities without explicitly endorsing their educational rights. However, to do so, the EU needs a stronger competence in education and minority rights.     

Referendums and the Political Constitutionalisation of the EU

Abstract:  This article argues that European integration has triggered a dual constitutionalisation process in Europe. One is the revision of national constitutions to accommodate the integration project at the national level. The other is the construction of transnational rules to regulate novel inter-state relationships at the European level. EU referendums are contextualised in such a duel constitutionalisation process. At the domestic level, EU referendums handle the debates on national constitutional revision. At the transnational level, these popular votes ratify supranational constitutional documents. The article comparatively analyses three types of EU referendums—membership, policy and treaty referendums—according to this analytical framework, exploring the campaign mobilisation of voters, national governments, and transnational institutions, and examining the legal and political interaction between referendums and European integration. A key finding is that, as the dual constitutionalisation process deepens and widens, entrenched domestic players and restrained transnational actors are under increasing pressure to 'voice' themselves in EU referendums.     

National Parliamentary Control of EU Policy: The Challenge of Supranational Institutional Development

The history of the EU is characterised by rapid and complex institutional development. This leaves European Affairs Committees (EACs) in national parliaments with a moving target problem in their endeavours to control the government's EU policies. This paper investigates how EACs react to this challenge. Building on the rational delegation literature, it is argued that EACs are likely to adapt control instruments in tandem with institutional changes at the supranational level. Using McCubbins and Schwartz (1984, American Journal of Political Science, 28, 165–179), it is further argued that EACs are likely to want to impose both police patrol and fire alarm control on the government. These arguments are investigated in the case of Denmark during the 50-year period since the first Danish application for EU membership in 1961, and considerable support is found for the authors' hypotheses.     

EU Integration and Cultural Diplomacy in Times of Crisis: The Case of Greece

The economic crisis challenges the integration policies of the European Union (EU) and reduces its soft power. Developing from a discussion on cultural values, cultural diplomacy is proposed as a way for the EU and its member states to address the negative effects of the crisis on their soft power and integration process. Cultural values, identity issues, top-down and bottom-up stakeholders, policies, and prospects for cultural diplomacy are explored with a focus on Greece. A proposal based on the balancing of sociocultural with economic principles is presented as a conclusion that would address soft power deficits and further EU integration.     

Taking the Law Seriously: On Political Science and the Role of Law in the Process of European Integration

Abstract: The interdisciplinary discourse on European law seems paradoxical. While the editors of this Journal plead for a contextual jurisprudence, political scientists are discovering the importance of law for the integration process. This article explores the merits and problems of both of these shifts¹. On the one hand, it points to implicit assumptions of legal arguments that need to be contrasted with the insights of political sciences into mechanisms of integration processes and the functioning of inter-governmental bargaining - and is thus to be read as an appeal for a 'contextual' jurisprudence. On the other hand, it argues that political science analyses, even when they take the legal dimension of European integration into account, tend to rely upon an instrumentalist view of the legal system which fails to acknowledge the Law's normative logic and discursive power. This theoretically complex argument is exemplified first by an analysis of the tensions between the legal supranationalism of the European Court of Justice and the German Constitutional Court's defence of national constitutionalism, already intensively discussed in this Journal². What the article adds is an extension of the constitutional debate to the economy. It argues that Europe cannot, and should not, be based upon a dichotomous structure of (national) political rights and (European) economic liberties.     

The Role of Flexibility Mechanisms in EU Climate Strategy: Lessons Learned and Future Challenges?

The main objective of this paper is to examine the evolution of European Union (EU) climate strategy, scrutinising in particular developments in EU's views on the so-called flexibility or Kyoto mechanisms. In brief, the paper argues that there has been a gradual change in EU's views, from the role of a sceptic in the run-up to Kyoto towards becoming more of a frontrunner on emissions trading in recent years. The need to 'save Kyoto' and the protracted development of EU climate policy are highlighted as two of the most important drivers behind this process of change. This paper also discusses some of the lessons learned from international negotiations and the development of EU climate policy. Finally, and drawing upon the lessons learned, the paper explores key future challenges for the further development of EU climate strategy.     

The Integration of Environmental Principles in the World Bank

Given the scale and the complexity of the events of internation society, it is obvious that the law of that society must, sooner, rather than later, form itself into a legal system at least as rich and complex as the more advanced national legal systems.     

全球化进程中的政治教育

全球化趋势使人类日益结成为一利益共同体，要求人类树立全球意识，要求学校政治教育培养学生的全球意识。虽然全球化进程使人类的共同利益日益增加，但国家、民族仍然是构成人类的基本单位，国家利益仍然存在，因而进行爱国主义教育在当代仍有存在的必然性和合理性。学校政治教育既引导学生认识全人类共同利益和国家利益的统一性，又应引导学生把握全球化时代国家主权的新特点。在全球化进程中，民族问题更加尖锐和复杂，在这种情况下，人们应正确认识和处理民族问题，学校应对新一代进行正确的民族观教育。     

Towards Institutional Symbiosis: Business and the United Nations in Environmental Governance

This article analyses the potentially symbiotic role of business and the United Nations (UN) in global environmental governance. Contending that a stronger and more coherent UN in the realm of the environment is in the interest of the business community, we focus on three main issues: what the UN needs to become stronger in environmental affairs; what business could provide on this behalf; and how business could benefit from a strengthened UN. We consider the current structural dilemmas of the UN environmental system, including concerns about institutional multiplicity and how these may affect business engagement. After reflecting on perceived and actual challenges and opportunities for business participation, we conclude with three substantive solutions towards more efficient collaboration. These solutions centre on the continuation of an interactive database begun by the Global Environmental Governance Project, a joint initiative of the Yale Center for Environmental Law and Policy and the College of William and Mary.     

Affirmative Action in an Institutional Context: The Antecedents of Policy Preferences and Political Support

This study broadens the framework within which the psychology of support for affirmative action policies is examined to include the institutional framework within which such policies are developed and implemented. This broader framework includes concern with electoral support for those who implement affirmative action policies, as well as considering the impact of implementing such policies on the overall legitimacy of government. It also includes evaluations of the fairness of the two key social institutions shaping such policies—government authorities and markets. The results of a survey of Americans suggest that this institutional framework had an important influence on reactions to affirmative action policies that was distinct from direct reactions to policies themselves. In particular, people were more supportive of policies intervening in markets when they believed that markets represented unfair social allocation procedures. Those politicians who supported such policies received greater electoral support when people viewed market procedures as being unfair and when they felt that government decision-making procedures were fair. Evidence suggests that outcomes did not directly shape electoral support or judgments about the legitimacy of government.