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.     

Public affairs,issues management,and political strategy: opportunities,obstacles, and caveats

This paper evaluates research in corporate public affairs, social issues management and political strategy, and theoretical integration of the three areas and also cross‐disciplinary and cross‐institutional collaboration, especially with business or government officials. Copyright © 2001 Henry Stewart Publications     

县域金融发展与产业集聚区经济增长——以浙江为例

本文以浙江为例,在经济增长理论的基础上,建立了县域金融发展与产业集聚区经济增长之间相互作用的内生模型,基于浙江省22县（市）的县级数据,运用面板数据模型对县域金融发展与产业集聚区经济增长的互动关系进行了实证检验,比较了各产业集聚区经济增长的影响因素。研究发现：浙江县域金融发展规模、固定资产投资、实际利用外资与产业集聚区经济增长存在高度正相关关系;金融发展效率对产业集聚区经济增长的检验效果不显著;实际利率对产业集聚区经济增长的影响不显著,提出在执行利率政策时,不能采用金融发展理论中提高利率、解除金融抑制的政策手段。     

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.     

IAS/IFRS and insurance： A gradual shifting from insurance to finance

Financial year 2005 marks the gradual introduction of the international accounting standard （IAS） as part of a broad project promoted by the EU to achieve consistency and comparability and, consequently, greater transparency in corporate accounts, with benefits for the users and institutions who make use of, or exercise control over them. The present paper will not address all the related complex profiles （e.g., actuarial methodologies, financial evaluation models, cash-flows scenarios generation techniques）. Actual aim is to bring evidence for the gradual shifting of perspective promoted by the financial community as far as the insurance companies are concerned： Once considered as unknown ＂black-boxes＂ because of their peculiarities, western countries＇ most authoritative agencies and largest private investors felt for a long time uneasy to manage insurance companies＇ disclosures. More recently, since the industry has been absorbed in the world-wide trend toward global conglomerate encompassing banking, finance and insurance, western regulators have undertaken a sound effort to move insurance disclosures from a technical to a financial view, boosting a dramatic homologation to other financial institutions （Cesarini ＆ Varaldo, 1992; Forestieri ＆ Moro, 1993; Locatelli, et al., 1999）. The trade-off, the authors intend to show, is now between more transparent outlook and an insider＇s knowledge of an industry whose peculiarities are inescapable.     

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.     

公共选择理论与中国公共财政

公共选择理论是一门介于经济学和政治学之间的交叉学科,是对政府决策的经济研究。之所以将公共选择理论引入财政学领域,是因为财政问题本身的某些固有属性决定了大多数财政问题的解决都可以吸收和借鉴公共选择理论。现代市场经济下的公共财政不仅是提供公共产品的财政,更是公共选择的财政。同时,中国建立公共财政体制的过程应当是,也必然是财政管理公共化的过程,这是建立民主的、有监督的财政的必由之路。