Explaining the Crisis of the European Migration and Asylum Regime

Since 2013, the European migration and asylum regime has entered a phase of crisis, which reveals the deep interdependencies between its different components (including intra-EU mobility) and the unbalanced nature of its normative foundations. This original structural fragility had not fundamentally compromised the overall functioning of the regime until two major exogenous factors (the economic crisis, with its asymmetrical impact on the eurozone, and the wave of political instability and conflicts on the southern shore of the Mediterranean) brought its intrinsic limits to the point of rupture. The ongoing, highly contentious process of reform of the European migration and asylum regime is an unprecedented and crucially important test of the capacity of one the European Union’s key sectors to evolve under pressure and to adapt to a rapidly and deeply changing geopolitical, economic and demographic environment.     

Interview with Nathalie Tocci on the Global Strategy for the European Union’s Foreign and Security Policy

The Global Strategy for the European Union’s Foreign And Security Policy, “Shared Vision, Common Action: A Stronger Europe”, presented at the European Council on 24 June 2016 by Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy and Vice President of the Commission, was drafted by Nathalie Tocci, Deputy Director of the Istituto Affari Internazionali (IAI) and co-editor of The International Spectator. 

Given the importance of the document, we asked Nathalie for an interview and 18 foreign policy experts from around the world to comment on it.     

Europe under occupation: the European diplomatic community of practice in the Jerusalem area

ABSTRACT

This article shows how the existence of a community of European practitioners in the Jerusalem area gives substance to the European stance on the Israeli–Palestinian conflict. The often-stated European Union (EU) support for a two-state solution could appear meaningless in the absence of peace negotiations. However, European diplomats (i.e. diplomats of EU member states and EU officials) in the East Jerusalem–Ramallah area are committed to specific practices of political resistance to Israeli occupation and recognition of Palestinian institutions. These practices have led not only to a specific political geography of diplomacy, but also to a community of practice, composed of European diplomats and based on their daily experience of resisting occupation and bestowing recognition. It is this group of officials who represent and actively “do” Europe’s position and under occupation.     

Position Effect on Facial Soft Tissue Depths: A Sonographic Investigation

The head is positioned erect for an approximation; yet most facial soft tissue depths (FSTD) used are measured from supine subjects. Depth difference might be significant, but there is a paucity of data to verify. This study compared erect and supine values for 17 landmarks from 30 healthy New Zealand (European population affinity) women (18–30 or 40–55 years) in erect then supine positions. Height, weight, and sonographic FSTD data, totaling 1020 measurements, were obtained. Three midline and seven averaged bilateral values were compared using ANOVA, p values, and Pearson's correlations. Correlative strength of age and body mass index, BMI (kg/m²), was determined by values. Results showed averaged erect and supine differences were significant for four of ten FSTDs. Between individuals, difference was various and not unidirectional. In conclusion, depth differences were observed but not all significant or unidirectional, BMI significantly influenced nine FSTD values, but age group did not.     

Casting Aside Clanking Medieval Chains: Prerogative,Statute and Article 50 after the EU Referendum

This article confronts the controversies surrounding Article 50 by analysing the relationship between statute and prerogative in the UK. The piece focuses on domestic constitutional issues and suggests a new way of classifying the relationship between statute and prerogative into two types falling under ‘the abeyance principle’ or ‘the frustration principle’. The abeyance principle means that where statute and prerogative overlap, the prerogative goes into abeyance. The frustration principle means that where statute and prerogative give rise to potential inconsistencies, but do not overlap, the prerogative cannot be used inconsistently with the intention of parliament as expressed in the relevant legislation. It then argues that Article 50 has the status of primary or ‘primary‐equivalent’ legislation which could justify applying the abeyance principle. This would mean that the trigger power would be exercised on statutory authority rather than through prerogative powers. If the courts are unable thus to construe the relevant legislation it argues EU law requires the courts to bridge the gap. Alternatively, if the abeyance principle is not applicable, it argues the frustration principle could apply but the circumstances in this litigation fall outside it. In the further alternative, EU law could require the frustration principle itself to be set aside in this case.     

European Law Beyond ‘Ever Closer Union’ Repositioning the Concept,its Thrust and the ECJ's Comparative Methodology

The article investigates competing understandings of European law. It supports, against the prevailing EU‐centred understanding, an ecumenical concept that embraces EU law, supplementing international instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.     

地方服务型政府建设的财政困境及其排解

政府职能转变是决定公共财政活动的根本前提,公共财政是政府职能有效实施的物质基础,因此,从公共财政与政府职能的内在关联性出发来反思我国地方服务型政府建设的可能路径无疑是个有益的尝试。而分税制财政体制不完善、地方公共财政资源严重不足以及地方公共财政支出管理混乱这三大财政“瓶颈”成为制约我国地方服务型政府建设成功的重要因素。为此,必须着力构建公共服务型财政体制,以此来加快地方服务型政府建设进程。     

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 More the Merrier? Hungarian and Romany Minorities in Slovakia

This article discusses some important aspects of thetreatment of minorities in the Republic of Slovakia.It discusses the 1992 Constitution and subsequentdevelopments such as the State language law 1995, therestriction of political rights of Hungarians,educational policies, the setback of EU entry talks,the September 1998 general elections, the Dzurindagovernment's ``De-Meciarization', the 1999 MinorityLanguage Law, and recent electoral legislation. Thespecial condition of the Romany is considered. Theeffectiveness of international mechanisms for theprotection of minority rights (the Organisation forSecurity and Cooperation in Europe, the InternationalCovenant for Civil and Political Rights, the EuropeanConvention of Human Rights, the Framework Conventionfor the Protection of National Minorities) isassessed, as is the involvement of the EU. Finally,the role of the judiciary is reflected upon.