Regional Technological Differences: The Case of Southern European Union

This paper examines the spatial spillover effects and the productivity rate of patents in southern European Union. It provides a systematic analysis of the relationship between productivity of patents and the factors that generate economically useful new technological knowledge. An applied spatial econometric framework is employed since this approach is particularly useful in the study of the spatial patterns of patents productivity, at the lowest possible levels of spatial aggregation.     

Education cooperation in the European Union at the threshold of the New Millenium

The principles of ‘double relevance’ and ‘user-friendliness’ are seen as being essential for the implementation of the EU education programmes SOCRATES II and LEONARDO da VINCI II. Against the background of the acquis in EU education cooperation two points are explored: a) the articles of the Treaty are not fully used, and b) the framework set is increasingly proving to be too restrictive. The Luxemburg process and the Bologna conference are the reason for the second point. The opinion is put forward that the exchanges of students and teachers and the information exchange can be further europeanized and, eventually, be organized in permanent European structures. This revised version was published online in July 2006 with corrections to the Cover Date.     

Chinese Perceptions of the European Union: A Review of Leading Chinese Journals

Abstract:  As a result of the rapid development of EU–China relations, an increasing amount of scholars in China focus their research on the European Union and the nature of the bilateral relationship. As most of them publish their research results in the academic journals in China, it is necessary to have a review of these journals in order to understand Chinese perceptions of the European Union. In order to fulfil this task, this article first briefly examines the Chinese journals to be reviewed, and explains why these journals have been chosen. Via the analysis of the articles published in the leading Chinese journals in the past five years, the article presents how the Chinese perceive the EU and its global role, explores EU–US relations and EU–China relations. By presenting the most up-to-date research on the EU studies in China, the article serves as a timely and meaningful piece to help enhance mutual understanding between the EU and China.     

European Union Citizenship: Writing the Future

Abstract:  EU citizenship has matured as an institution, owing to a number of important interventions by the European Court of Justice and legislative initiatives, such as the Citizenship Directive 2004/38/EC, which has recently entered into force. In this article, I critically examine minimalist and cosmopolitan conceptions of European citizenship and argue that once we dispense with the preoccupation of assigning primacy to a specific level of citizenship and establishing some kind of hierarchy among them, we can begin to address the questions and issues that really matter. Among these are the future governance of citizenship and the design of a more inclusive, multilayered and multicultural conception of citizenship. European citizenship entails a number of fruitful ideas for a more ambitious transition to a post-national tableau and can be the prototype for institutional experimentation on citizenship on a global scale.     

The Trade Union Movement and the European Union: Judgment Day

Abstract: The trade union movement faces a challenge to the legality of transnational collective action as violating economic freedoms in the EC Treaty. How are disparities in wages and working conditions among the Member States to be accommodated? Are national social models protected? Does the internal market allow for trade union collective action? How does EU law affect the balance of economic power in a transnational economy? What is the role of courts in resolving economic conflicts? This article analyses the responses to these questions as referred to the European Court of Justice by the English Court of Appeal and offers some conclusions. The purpose is to highlight the different positions adopted by the old Member States and the new accession Member States as regards the underlying substantive issues, and the options available to the Court of Justice in answering the questions posed.     

On organized crime and police cooperation in the European union - Lessons learned. An interview with Professor Cyrille Fijnaut.

Professor Fijnaut sheds new light on understanding organized crime from a multifaceted perspective. Organized crime in Europe, as in America, confronts law enforcement agencies with new challenges which demands new and different perspectives in order to effectively fight current and future threats. By focusing on the violence associated with organized criminals and on formal mechanisms involving control and trust as basis for inter-agency linkages, he circumscribes two of the most challenging issues in dealing with organized crime. He points out that organized crime groups are not necessarily hierarchical, stable and functional in the way they conduct their business. Professor Fijnaut makes the point that the impact of organized crime groups' activities extend well beyond the strictly criminal arena.     

Abolishing Exequatur in the European Union: The European Enforcement Order

Netherlands International Law Review -     

Enforcing trust judgments within the European Union: European Enforcement Orders

New rules have been introduced for enforcement of judgmentsin European Member States. Since 21 October 2005, for judgmentsdated after 20 January 2005 it has been possible to use a newenforcement system called the European Enforcement Order aswell as the old system of registering foreign judgments. Thisarticle examines the new rules as they apply to judgments intrust cases.     

Ex Pluribus Unum: Fusion of the European Communities into the European Union

Abstract: This article presents the main legal approaches used in constructing the relationships between the TEU, TEC, TEAC and TECSC and the institutions set up by them. It argues that the dominant approaches which separate the European Union from the European Communities run into serious difficulties when explaining the normative framework and the actual practice of the EU institutions. In contrast, the proposed 'unity thesis' asserts that de lege lata the European Union can be considered one entity from the point of view of the organisation, its actions and its law, The article develops in detail the legal premises and some of the consequences of this thesis.     

论中国企业在欧盟反倾销诉讼中的应诉策略

为了在欧盟反倾销诉讼中获得胜诉的裁决 ,中国企业应当加强同欧委会的合作 ,与欧盟成员国建立联系 ,寻求用户和消费者集团的支持 ;还应当依照欧盟反倾销诉讼的法律和实践申请市场经济地位和分别待遇 ;争取以价格承诺的方式结案 ;对于己不利的裁决提请司法审查。     

Political Constitutionalism and the European Union

What kind of constitution is emerging in Europe? There are two approaches to answering this question. The first, a ‘foundational’ approach, rejects the premise: there can be no real constitution in the absence of a ‘demos’, a foundation which exists only nationally. The second, ‘freestanding’ approach, depicts it as paradigmatic of a broader phenomenon of cosmopolitan constitutionalism, based on individual rights guaranteed through a transnational rule of law. Rejecting both for their failure to account for European constitutionalism as a historical process of polity‐building, a third approach, ‘political constitutionalism’, is proposed, capturing the dynamic quality of constitutionalisation in the EU. From this perspective, what is emerging in Europe is a constitution that reflects a common good (predominantly conceived in economic terms), albeit one which is legally, political and socially contested. It is by capturing this complex picture of the political formation of Europe that the constitutional question will be most fruitfully pursued.     

Anti-Discrimination Law and the European Union

Netherlands International Law Review -     

Legal Cultures in the European Union

The introductory part of the essay deals with the notion of legal culture and its categories. Later, the author sets forth the characteristics of the common law and the Roman- German legal cultures, including the legal families within them. He also touches upon the tendencies of the development of the German legal and political culture. With respect to the integration of the legal systems into the EU, the author argues as an advocate of convergence. Both basic legal cultures are being modified as, besides statutory law, judicial law becomes significant in the continental legal systems and statutory law complements case law in the common law systems. As to the integration of the Hungarian legal culture into the EU, the essay points to two principal considerations. On the one hand, when working on making our legal culture "euro-conform", we must not forget about maintaining our own legal culture. On the other hand, the Hungarian legal culture can contribute to the development of the legal system of the EU, e. g. with some of the regulations of our statute on the ethnic minorities. At the end, the author shows that the efficacy of the European law is heavily dependant upon the national legal systems.     

欧盟法对企业合并的规制

企业合并是当今各国优化产业结构和企业组织结构的重要手段,也是企业迅速扩张、提高规模经济效益和国际竞争力的有效手段.然而,经济力量的集中和由此导致的市场结构的改变,容易产生或加强市场支配力量,从而起到排除或限制竞争的作用.为了防止企业通过并购实现或加强市场支配地位,维护市场上的竞争秩序,对一定规模以上的企业并购交易进行反垄断审查,已成为市场经济国家设计和实施反垄断法的通行做法.目前,已有七十多个国家建立了企业并购控制机制.其中十分引人注目的是,欧盟于上世纪90年代初建立了企业合并控制机制,并于2004年进行了改革.到目前为止,欧盟竞争总司作出的并购审查决定已达两千多件,在此过程中积累了丰富的经验.拟对欧盟企业合并控制制度的建立、理论、程序及实体规则进行研究,并就中国企业合并控制制度的现状及发展提出自己的看法.