欧盟竞争法中的"必要设施原则"

"必要设施原则"是竞争法在司法实践过程中出现的一个概念.对其进行研究和探讨,可有助于从微观层面了解竞争法的基本原理、立法框架和在司法活动中不断丰富和完善的历史.由于我国即将颁布的反垄断法以欧盟②模式为主要的立法参照,因此,研究欧盟法的有关规定,并对其将在中国法律领域产生的影响进行评价十分必要.     

Banking supervision and the politics of verification: the 2014 stress test in the European Banking Union

The statistical methodology known in financial terminology as ‘stress testing’ was used by the European Central Bank in 2014 in order to assess the solidity of the banks in the eurozone. This audit process is analysed here as a problem of truth production or ‘veridiction’ in the sense developed by Michel Foucault in his 1978–1979 lectures at the Collège de France. In order to prove effective, the stress test had to deliver knowledge on banks, objectified and actionable at once, but also controlled by the idea of avoiding ‘market panic’. This epistemological dilemma is at the core of the politics of verification, which consists in the distribution of restraint and responsibility between non-risky and risky banks. This qualitative investigation is focused on France and is based on interviews with relevant policy actors and documentary analysis.     

Strategic or Principled? The Engagement of Civil Society Organizations with the EU

This article links the literature on the Europeanization of civil society organizations (CSOs) with the literature on the contribution CSOs can make to democracy in the EU. To do so, it asks which are the pull factors that support CSOs’ Europeanization: are they mostly strategic and linked to where law-making and the money are? Or are they likewise linked to a desire to contribute to EU democracy? To explore this question, the article looks at agricultural, environmental and anti-poverty groups and combines fresh qualitative with quantitative data. The findings suggest that we need to distinguish strategic Europeanization, on the one hand, from the identification with supranational democracy, on the other. They also show that the most Europeanized organizations need not be the most interested in EU democracy, whereas organizations with a comparatively low degree of Europeanization can still be interested in EU democracy.     

从欧债危机看未来欧盟的走向

一场欧债危机让世界上唯一能够在经济上抗衡超级大国美国的经济体陷入空前危机。如何解决目前的危局,欧洲人还未能达成一致意见,这暴露了欧洲人在走向联合过程当中的困境,即是做自己的欧洲还是欧洲的自己。欧债危机也让欧盟的政治前景蒙上了一层阴影。在一个仍然是主权国家为主体的国际秩序里,国家利益和共同体利益的博弈一直是阻碍共同体发展的一个绊脚石。欧债危机让这个绊脚石再一次显示出它的威力。未来的欧盟将走向何方,这是欧盟人也是全世界关注的焦点。     

The Neglected Nation: The CSU and the Territorial Cleavage in Bavarian Party Politics

This article examines the continuing salience of the territorial cleavage in Bavarian party politics. It does so through an exploration of the Christian Social Union's (CSU) mobilisation of Bavarian identity as part of its political project, which has forced other parties in Bavaria to strengthen their territorial goals and identities. Parties have articulated different constructions of ‘Bavaria’ to rival the CSU's dominant nation-building project. However, they have been unable to portray themselves as ‘standing up for Bavarian interests’ due to the constraints of the state-wide parties to which they belong. As an exclusively Bavarian party, the CSU has no such constraints. Indeed, the CSU's core aim of strengthening Bavaria's position vis-à-vis the German federation may be viewed as akin to that of the Convergència i Unió in Catalonia, Spirit in Flanders or Plaid Cymru in Wales. Like these parties, the case of the CSU in Bavaria demonstrates that sub-state territorial mobilisation has as much to do with negotiating autonomy within the state as seceding from it. To that end, the CSU provides a valuable case of how a regionalist party operating within a multi-level political system has sought to influence the regional, state and European levels to obtain a comparative territorial advantage.     

欧盟过境货物知识产权保护最新态势——兼评欧洲法院“NOKIA”案和“PHILLIPS”案

自2008年10月以来,在欧盟一些海关屡屡发生过境货物遭到扣押的事件,尤其是荷兰海关屡次扣押印度等国的过境药品,引起国际社会的极大关注.英国和比利时法院分别在审理“NOKIA”案和“PHIILIPS”案过程中对过境货物是否扣押产生疑问,并向欧洲法院提出咨询.近期欧洲法院对两案合并审理,做出一项里程碑意义的判决,厘清了过境货物、 “虚拟制造”理论等基本问题,对欧盟海关的知识产权执法和法院司法都有很好的指导作用,对于我国政府和企业也不无裨益.     

欧债危机对欧洲华裔青少年华文教育的影响及其对策

本文分析了欧债危机对欧洲华裔青少年华文教育的主要影响及分析其造成影响的主要原因,从政府、华文学校和华人家庭的视角,为欧洲华裔青少年华文教育的问题提出相应的对策建议。     

Fiscal Decentralization Policies in the EU: A Comparative Analysis through a Club Convergence Analysis

Abstract

We study the degree of convergence or divergence in fiscal decentralization in the European Union over the period 1995–2015 using a club convergence approach. First, we analyze non-central expenditure and revenue as percentages of GDP, of total expenditure and of total revenue. The results for the EU-15 countries indicate some clustering, with three clubs formed when using GDP and four to five when using total revenue or expenditure. Second, we study the gap between expenditure and revenue as a proxy of fiscal responsibility. This results in three and two clubs respectively, with Denmark as the divergent country with the highest gap. Finally, we analyze potential unions of clubs and transitions. We also interpret our results taking into account variables found in the literature as determinants of fiscal decentralization. These results show how European countries are quite heterogeneous in terms of fiscal federalism and decentralization, with greater convergence in fiscal responsibility than in the other magnitudes.     

欧洲共同体指令的直接效力

在欧洲共同体的所有二级立法渊源中,指令的法律效力是一个颇具争议的问题,尤其是指令在各成员国中是否具有直接效力,更是引起了诸多纷争,而《欧洲共同体条约》和《欧洲原子能共同体条约》均未对此做出规定.以欧洲法院的相关案例法为主线,对其提出的指令的纵向直接效力、协调一致解释及附带横向直接效力原则逐一进行了评析,最后得出结论:为切实有效实现欧洲共同体指令所追求的目标,欧洲法院应当重新定义其提出的指令的直接效力原则;其中,最具有关键性意义的是,应当赋予指令在自然人和法人等私人之间的横向直接效力的职能.     

Does European defence really matter? Fortunes and misfortunes of the Common Security and Defence Policy

This article examines how the defence component of the Common Security and Defence Policy (CSDP) has been revisited over the last few years. It argues that while the CSDP has grown predominantly as a security – rather than defence – policy, the latest developments that include the creation of a military headquarter, the launching of a Permanent Structured Cooperation (PESCO) and the new role for the European Commission in defence funding, attest to an evolution towards a more central EU defence policy. In the meantime, the article points to some structural impediments to the materialisation of European defence. The momentum says little about the form and finality of military operations that EU states will have to conduct so as to give a meaning to defence in a European context. Moreover, persisting divergences in the EU member states’ respective strategic cultures and institutional preferences – notably vis-à-vis NATO – are likely to continue to constrain European defence self-assertion.