Information sharing,secrecy and trust among law enforcement and secret service institutions in the European Union

Abstract

Transnational information sharing among security agencies in the European Union and beyond has grown considerably more important over the past decades. Centralised databases and numerous formal and informal networks now facilitate cooperation and information sharing. However, sharing intelligence may not only conflict with the protection of fundamental rights (data protection/privacy; presumption of innocence), but also with the organisational culture of institutions that are built upon secrecy. Police agencies often keep knowledge about individual cases and their strategies secret as long as possible. Intelligence services build their work and strategies upon secrecy even more. This paper analyses the variations of secrecy that can be observed for police agencies and secret services, and the relationship between information sharing among security agencies, secrecy, trust, transparency and accountability. In a normative perspective, the paper explores answers to the questions of how secret the work of security agencies should be in democratic rule of law systems and how accountability can be improved without making these institutions work less effectively.     

经济分析如何融入法律过程:欧盟竞争法改革的得失及启示

经济分析是认定垄断行为违法性的主要工具。我国在反垄断法律制度建构过程中,自始十分重视经济分析方法和经济证据的使用,但是,如何将经济分析有机融入规范分析的法律过程,始终是个难题。20世纪90年代以来,欧盟竞争法经历了“基于效果的分析方法”的现代化改革,实现了核心价值目标的转换,构建了较为完备的经济分析规则体系,同时也面临...     

Multi-level Games: The Serbian Government’s Strategy towards Kosovo and the EU under the Progressive Party

ABSTRACT

Since the signing of the historic ‘Brussels Agreement’ on 19 April 2013 on the normalization of relations between Kosovo and Serbia, Serbian President Aleksandar Vu?i? and the Progressive Party have oscillated between competing tensions emanating from seeking membership in the European Union and those stemming from the retention of Kosovo, including the party’s uncompromising position on non-recognition. Following two-level game theory, this paper offers a comparative analysis of the Progressive Party’s multi-level game strategy vis-à-vis Kosovo and the EU, arguing that while the initial success of the Brussels Agreement can predominantly be attributed to the rise in popular support for EU accession, Serbian policy towards Kosovo appears to be far less clear and often contradictory and therefore, Serbian government strategy cannot have been influenced by public opinion.     

Unintended Consequences of EU External Action

ABSTRACT

There is a gap in IR and EU scholarship concerning unintended consequences in an international context, leaving this important phenomenon understudied. To fill this gap, a conceptualisation of unintended consequences is offered, and a set of common research questions are presented, highlighting the nature (what), the causes (why) and the modes of management (how) of unintended consequences of EU external action. The Special Issue contributes to the study of the EU as an international actor by broadening the notion of the EU’s impact abroad to include the unintended consequences of EU (in)actions and by shedding new light on the conceptual paradigms that explain EU external action.     

When long-distance relationships don't work out: Representational distance and satisfaction with democracy in Europe

We assess the impact of party representation on satisfaction with democracy. Our proposition is that such representation is not only about having a chosen party in government; citizens also derive satisfaction from having their views represented by a political party. We test this through an individual-level measure of policy (in)congruence: the ideological distance between a voter and his or her closest party. Via multi-level modelling of European Election Study data from 1989 to 2009, we find that perceived policy distance matters: the further away that voters see themselves from their nearest party – on either a left-right or a European unification policy dimension – the less satisfied they are with democracy. Notably, this effect is not moderated by party incumbency or size. Voters derive satisfaction from feeling represented by a nearby party even if it is small and out of office. Our results caution against a purely outcomes-driven understanding of democratic satisfaction.     

The contested nature of political leadership in the European Union: conceptual and methodological cross-fertilisation

Abstract

European leaders have struggled to find common responses to the polycrisis the EU is facing. This crisis of leadership makes it urgent that scholars provide a better understanding of the role and impact of leadership in EU politics and policy making. This article prepares the ground for a collection of contributions that addresses this need by strengthening old and building new bridges between the academic domains of European studies and leadership studies. It opens with a discussion of the contested concept of leadership in the context of the European polity and politics, challenging the conventional view that leadership is necessarily a matter of hierarchy. Moreover, it argues that rather than leaderless, the EU is an intensely ‘leaderful’ polity. Subsequently, this introduction identifies four key debates in contemporary EU leadership research and discusses the value and insights the contributions in this special issue bring to these debates.     

The art of commitments: NATO,the EU,and the interplay between law and politics within Europe’s collective defence architecture

Law and politics are the two constituent parts of a collective defence architecture. In Europe, such an architecture currently rests on a series of legal commitments: NATO’s mutual defence clause (Art.5 of the North Atlantic Treaty), but also the EU mutual assistance clause (Art.42.7 TEU) and the EU solidarity clause (Art.222 TFEU). Many asymmetries exist, however, between those legal clauses: they are often overlapping but not always identical with respect to their respective conditions of activation, territorial scopes, binding strengths, and modalities of implementation. Because of those legal asymmetries as well as prevailing political realities, there are many obstacles in fact to a clear-cut division of labour within Europe’s collective defence architecture between NATO and the EU. In Europe, collective defence should thus not be apprehended as a uniform task but rather as the art of balancing multiple legal and political constrains, come what may.     

Politicising European security: from technocratic to contentious politics?

Security provision in and by the EU has become an issue of increasing public interest and controversy. There are diverse and growing demands and critiques from different political camps towards the EU while EU institutions, in turn, utilise their security function as a resource for authority construction and self-legitimation. More recently, European security has also become intertwined with contemporary “crises” that turned it into an arena for the negotiation of fundamental conflicts, often revolving around questions of identity and sovereignty. This paper argues that these developments represent a significant change of European security and its politics that existing approaches linking the field to depoliticisation cannot adequately capture. To fill this gap, this paper suggests applying a politicisation perspective that, so far, has focused on the European integration project as such or the “Eurozone crisis” to the purportedly special security field.     

越南与欧盟经贸合作的历程、现状与前景

1990年11月28日,越南与欧盟正式建交,20年来双边经贸关系发展迅速。1995年双方签署《越南一欧盟合作框架协议》,2012年双方签署《越南-欧盟全面友好合作协议》,为双边经贸发展搭建全新合作框架。越南-欧盟自由贸易区建成将进一步提升双方贸易投资合作水平。21世纪,越南与欧盟的经贸关系具有广阔的发展前景。     

Right-wing populism against diploma democracy. The evolution of parliamentary elites in Austria,Italy, and Switzerland

Are the sociological profiles of radical right-wing populist parties' (RRPPs) representatives really unlike those of their counterparts in mainstream parties? Once RRPPs occupy positions of legislative power for an extended period, do their MPs' profiles increasingly converge with those of more mainstream parties? This paper examines three right-wing parties in Austria, Italy, and Switzerland (FPÖ, LEGA, and SVP), and shows how RRPPs' MPs persistently contrast the “diploma democracy”, that is the increasingly dominant high-educated trend in political representation. Inspired by the current scholarship's diachronic and comparative perspectives of political elites and MPs, the analysis focuses trends since the 1980s.