Window of opportunity: Reflections on an idea fashionable in the west

The essay warns about the extreme danger of the fashionable idea that the West has only a marginal role to play in Russia's integration into the world community. It does not take into account the ferocious war of ideas in post‐Soviet Moscow which all but insures that nationalist ambition ‘to return Russia to the status of a leading global power’ would come out a winner. As a result of this the window of opportunity that opened after the disintegration of the Soviet empire may well slam shut again. The only way to prevent it seems to be for the West to create its own strategy of Russia's integration in which the dominant up to now theme of economic assistance (hardware) is replaced by the theme of intellectual participation (or the software of integration). That is why the purpose of the essay is to try to offer a logical set of criteria that could provide the basis for such an intelligent strategy.     

Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.