Europeanisation of a Non-EU Country: The Case of Swiss Immigration Policy

Although studies of the influence of Europeanisation on domestic politics and institutions are numerous, a consistent and systematic analytical framework is still lacking. This article tries to overcome this weakness and presents a comprehensive framework that examines the conditions under which Europeanisation is likely to lead to national adaptation. We identify three main independent variables, including domestic power configurations, mediating domestic institutions, and actors' strategies. This model is applied to the agreement on the free movement of persons between Switzerland and the European Union. Our results suggest that it is not the number of veto points as such that matters most, but the strength of the actors that activate them or threaten to do so, and the counter-strategies available to actors favouring change.     

Losing out on substance but winning procedurally? The European Parliament and accountability in crisis legislation

Recent studies have found that the European Parliament (EP) had limited substantive influence on the European Union’s response to the European debt crisis. It has been argued that Parliament compensated this loss by expanding its oversight powers over executive bodies in the implementation of crisis legislation. This article systematically assesses the conditions under which the EP has been successful in increasing its account-holding powers, using new data on the accountability provisions included in economic and financial legislation put forward between 2009 and 2014. It is found that Parliament has indeed been more likely to gain oversight powers in crisis legislation. Levels of accountability are also higher in package deals and more salient legislation. The findings here provide a more nuanced picture of Parliament’s inter-institutional gains and losses in recent years and give more insight into the EP’s account-holding role.     

作为形而上学家的尼采——尼采早期真理观研究

尼采通过酒神精神探索传统自在之物的真理,又将自在之物的真理称为谎言,最后通过天才来创造新自在之物的真理,本文通过重新构造尼采早期真理观的内在逻辑而展现了尼采形而上学的实情。     

论国际争端解决机构的造法——以欧盟法院为例

国际争端解决机构造法的日趋成熟对国际法的发展产生了重要影响。造法的动力很大程度上来源于先例制度。由于先例制度的存在,国际争端解决机构的裁决带有路径依赖的性质,因此有可能独立于成员方创设的规则自成体系。同时,成员方也有援引国际争端解决机构先例的意愿,从而使得它的造法得以持续。欧盟法院的造法展现了国际争端解决机构造法的成熟形态,也说明了国际争端解决机构的造法为国际法的发展增加了一种可能性。     

The Stability Pact for Southeastern Europe: A New Approach to a Regional Problem

The European Data Protection Directive is often considered the Internet Privacy Global Standard, but this in only partially true. While the European Union sets a formal global standard, the 1995 Data Protection Directive has two loopholes that Internet companies exploit to set the effective global standard for internet privacy. The United States and Ireland have become safe harbours for Internet companies to collect and process Europeans’ personal data without being subject to the stringent laws and regulations of some continental European countries. Companies, and not the European Union or governments, are the ones that set the effective global standard of internet privacy.     

Transformation of the welfare state in Lithuania: Towards globalization and Europeanization

This paper is designed to shed some light on possible impacts of globalization and Europeanization on social security reforms in one of the new EU member state - Lithuania. The paper is based on 67 expert interviews conducted with the political elite, academics, journalists, senior civil servants, interest group representatives and the economic elite. The paper highlights the higher influence of globalization through the activities of such supranational agencies as the World Bank and the International Monetary Fund compared to the impact of cognitive Europeanization on social security reforms.     

A breaking-up of a pro-European consensus: Attitudes of Czech political parties towards the European integration (1998-2010)

This article represents a contribution to the debate over the attitudes of political parties to the European integration-one of the hot topics in contemporary political science. It explores the dynamics of attitudes of political parties in the Czech Republic to the EU and analyzes them in the context of parties primary ideologies. On the basis of the results of an expert survey the author interpretes the changes in the major features of “European” debate in the Czech Republic and offers a new classification schema of attitudes of political parties towards the EU, according to the preferences of economic and/or political dimension of European integration.     

Privacy,surveillance, and the proportionality principle: The need for a method of assessing privacy implications of technologies used for surveillance

Developments in technology have created the possibility for law enforcement authorities to use for surveillance purposes devices that are in the hands or private premises of individuals (e.g. smart phones, GPS devices, smart meters, etc.). The extent to which these devices interfere with an individual's private sphere might differ. In the European Union, surveillance measures are considered lawful if they have been issued in conformity with the legal rules and the proportionality principle. Taking a fundamental rights approach, this paper focuses on the information needed for adopting proportionate decisions when authorizing the use for surveillance of devices that are not built for surveillance purposes. Since existing methods of privacy assessment of technologies do not offer the required information, this paper suggests the need for a new method of assessing privacy implications of technologies and devices which combines an assessment of privacy aspects with the different dimensions of surveillance.     

Forensic DNA retention: Public perspective studies in the United Kingdom and around the world

This review analysed public perspective studies on forensic DNA retention in the United Kingdom and around the world. The studies generally show strong public support for the long-term or indefinite retention of DNA from convicts and suspects. There is considerable support for the retention of DNA from all or some arrestees and potentially the entire population. This was predicated upon the belief that forensic DNA databases have crime-solving abilities, which the public rate highly. In the UK, it was found that the current Protection of Freedoms Act 2012 regime is broadly representative of the recommendations of the surveyed British public. Nevertheless, the studies highlighted a gap in forensic DNA education among the public, suggesting that public views may not be well informed. Overall, there was clear evidence of privacy concerns and the potential misuse of DNA records among the public, with a significant number opposing the retention of DNA from the innocent. It was found that most of the studies were qualitative or non-representative of the relevant population, limiting the generalisation of the results. There was also limited studies among a representative sample of primary stakeholders who are well-informed or directly exposed to the benefits, challenges and risks associated with DNA retention. A research into stakeholders rating of different forensic DNA retention regimes is therefore highly recommended. This is important because the studies suggest divergent views among criminal justice professionals and other members of the public, with the former expressing expansive views and the latter expressing restrictive views. The primary stakeholder's survey will help establish whether the relevant safeguards have been put in place to protect both public security and individual interests.