Economic,trade and development relations between South Africa and the European Union: The end of a strategic partnership? A South African perspective

ABSTRACT

The relationship between democratic South Africa and the European Union (EU) has been in existence for over 20 years, with its roots tracing back to anti-apartheid support measures. In its earlier form, it was anchored in the Reconstruction and Development Programme. Currently, it is guided by the National Development Plan of the National Planning Commission. This relationship has been tested over time, especially as a result of negotiations over the Economic Partnership Agreement with the EU. In the meantime, the euphoria that marked new South Africa's participation in the global system, with trade and development cooperation with the EU as one of the cornerstones, has waned considerably. The cancellation of several bilateral investment treaties with EU member states has further strained the relationship. While there are notable successes in the EU–South Africa Strategic Partnership, these may not be reflective of the actual strategic value of the partnership in the context of global shifts and the rising influence of emerging powers with which South Africa is integrating.     

A research topic in education law and policy: The development of regionalism and federalism in Europe and their impact on educational policy and administration

There has been an “upgrading” of the regional level in the European policy process which also has implications for educational policy and administration. At the same time federalism has become a model not only for nation states but also for the construction of Europe. While regionalism and federalism has attracted more and more scholarly attention there has been a neglect of the implications for the educational field. The article starts by looking for models of regionalisation and federalisation as a legal and political technique of conciliating between the different levels in education. This revised version was published online in August 2006 with corrections to the Cover Date.     

The Control of Police Powers

This article points to a frequent feature in debates about the control of the police. Aside from cultural and political characteristics in the last decades, policing has changed and at present it is going through a stage of rapid change. The author defines the historical roots of police in democracies. He places the police within the framework of the sovereign state, the administration, the judiciary and the citizens. The state's control of police powers is described in its interdependency with new demands on the part of citizens regarding micro (domestic sphere/neighbourhood/community) and macro (urban sphere/state/European) levels. On a European scale, the article provides an oversight over the existing network consisting of internal, administrative, parliamentarian, judiciary, and civil (non-government/social movements) control agencies and mechanisms. In its conclusions the concept of ethical standards is introduced as a means of effective high-quality police management.     

Displacing your Principal. Two Historical Case Studies of Some Interest for the Constitutional Future of Europe

The framework of public decisions, and particularly the provision of law, is seen here as an agency contract. What distinguishes this contract is the nature of the right delegated to the agent: The capacity to make law gives the opportunity to take advantage of the incompleteness of the constitutional contract. The agency relationship may be loosened or even reversed. This article tries to draw some lessons from the English and American history in that matter and applies them to the making of the future European State.     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re‐examines one of the key authorities prayed in aid of it ‐ the Fire Brigades Union case.     

关于强化大连在环渤海经济圈融合中的竞争地位论证

国家已经做出了环渤海经济圈整体开发的战略部署,并且在落实进程中逐步成长为中国第三大经济增长极.而着眼于环渤海经济圈整体开发的现实进程,以大连为核心城市的辽宁沿海经济带,与京津冀沿海经济带、山东半岛沿海经济带相比,却处于相对的弱势地位.在辽宁沿海经济带开发上升为国家战略之际,大连必须带头改变这种弱势地位,强化和提升在环渤海经济圈融合中的竞争实力与竞争地位.为此,需要认证大连强化在环渤海经济圈融合中竞争地位的时代背景,分析大连强化在环渤海经济圈融合中竞争地位的综合因素,明确大连强化在环渤海经济圈融合中竞争地位的利益取向,创意大连强化在环渤海经济圈融合中竞争地位的推进对策:打破传统行政界线,提高区域合作意识;积极改善投资环境,强化城市服务功能;抓紧实施品牌战略,注重打造城市品牌;准确进行港口定位,促成联动发展格局;大力调整产业结构,增强综合经济实力;坚决克服地区封锁,造就市场利益关系;构建区域商贸体系,推动区域共同发展.大连只有这样做,才能切实为邓小平确立的"东北之窗"使命和创建东北亚重要国际航运中心的国家战略做出循名贲实的努力.     

Who’s afraid of an EU tax and why?—revenue system preferences in the European Parliament

The current revenue system of the EU is still structured like that of an organization based on intergovernmental cooperation, although the EU is already far advanced in legislative and political integration. This antagonism gives reason to discuss whether or not the EU should be granted an autonomous tax source. Our contribution to this debate explores the factors which shape the acceptance of the EU tax option among European policy makers. A self-conducted survey among Members of the European Parliament (MEPs), which resulted in a response of some 150 of the representatives, offers us a unique database. Concerning MEPs’ revenue system preferences, our findings confirm an important impact of party ideology and individual characteristics while they indicate that country-specific factors also contribute to understand the attitudes towards an EU tax. In the light of our findings the status quo bias in the revenue system of the EU can be attributed to the persistent importance of national interests with respect to tax policy.

‘May Contain Nuts’? The Reality behind the Rhetoric Surrounding the British Conservatives' New Group in the European Parliament

The British Conservative Party's decision to leave the European Peoples' Party-European Democrats (EPP-ED) group in the European Parliament and establish a new formation—the European Conservatives and Reformists (ECR)—has attracted criticism, much of it focused on the supposedly extremist politics and character of the partners with which the Conservatives have chosen to work. In fact, while those parties which have joined the Conservatives in the new group are for the most part socially conservative, they are less extreme and more pragmatic than their media caricatures suggest. Moreover, such caricatures obscure some interesting incompatibilities within the new group as a whole and between some of its Central and East European members and the Conservatives, not least with regard to their foreign policy preoccupations and their by no means wholly hostile attitude to the European integration project.     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.