欧盟法对企业合并的规制

企业合并是当今各国优化产业结构和企业组织结构的重要手段,也是企业迅速扩张、提高规模经济效益和国际竞争力的有效手段.然而,经济力量的集中和由此导致的市场结构的改变,容易产生或加强市场支配力量,从而起到排除或限制竞争的作用.为了防止企业通过并购实现或加强市场支配地位,维护市场上的竞争秩序,对一定规模以上的企业并购交易进行反垄断审查,已成为市场经济国家设计和实施反垄断法的通行做法.目前,已有七十多个国家建立了企业并购控制机制.其中十分引人注目的是,欧盟于上世纪90年代初建立了企业合并控制机制,并于2004年进行了改革.到目前为止,欧盟竞争总司作出的并购审查决定已达两千多件,在此过程中积累了丰富的经验.拟对欧盟企业合并控制制度的建立、理论、程序及实体规则进行研究,并就中国企业合并控制制度的现状及发展提出自己的看法.     

Transnistrian strategy in the context of Russian–Ukrainian relations: the rise and failure of ‘dual alignment’

Abstract

The diversification of allegiances with several more powerful states is seen as a way for minor actors to improve their strategic position in the international system. The result, however, could become less than desirable when these relations are both essential and contradictory. This article intends to examine the challenges for Transnistrian foreign policy through the concepts of bandwagoning and balancing. It uses alternative neorealist perspectives to identify various types of alignment and then examines how this landlocked territorial entity attempts to use relations with Russia and Ukraine to protect its statehood and identity in the context of the ongoing threat from Moldova. This article identifies that twice in the last decade (after the Orange Revolution and Euromaidan), the strategy of ‘dual alignment’ failed. It claims that recent attempts by both the EU and Ukraine to weaken Russia’s position in the region by isolating Transnistria has led to a further strengthening of ties between this actor and Moscow.     

NATO: The View from the East

Abstract

Relations between Russia, Ukraine and Belarus and NATO have placed more emphasis on cooperation than confrontation since the Cold War, and Ukraine has begun to move towards membership. At the popular level, on the evidence of national surveys in 2004 and 2005, NATO continues to be perceived as a significant threat, but in Russia and Ukraine it comes behind the United States (in Belarus the numbers are similar). There are few socioeconomic predictors of support for NATO membership that are significant across all three countries, but there are wide differences by region, and by attitudinal variables such as support for a market economy and for EU membership. The relationship between popular attitudes and foreign policy is normally a distant one; but in Ukraine NATO membership will require public support in a referendum, and in all three cases public attitudes on foreign policy issues can influence foreign policy in other ways, including the composition of parliamentary committees. In newly independent states whose international allegiances are still evolving, the associations between public opinion and foreign and security policy may often be closer than in the established democracies.     

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.     

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.     

超越主权:欧洲一体化进程的法哲学追问——写在《罗马条约》50年

欧洲的一体化进程实践,突破了传统的国际法关于国家主权的理论.近年来的制宪危机使欧盟政治一体化进程严重受挫,减缓了欧洲经济社会改革的速度.由于贸易保护主义和"经济爱国主义"抬头,欧盟取得的"无国界"市场,也遭到了迄今最为严峻的威胁.应当承认的是,欧洲一体化是一个长期的历史过程,欧洲的模式是目前世界上最有效的模式.探索欧洲一体化进程的法哲学依据,有利于突破一体化进程中欧盟本身条件的制约,从而加速欧洲的一体化进程.     

欧盟对中亚战略浅析

2007年,欧盟出台了《中亚战略文件》,确立了欧盟与中亚5国之间的战略伙伴关系,把欧盟对中亚战略作为欧盟总体外交、全球战略、大邻国战略的重要组成部分。欧盟在政治、经济、安全和文化方面与中亚国家进行全面合作。边界安全、能源管线建设以及欧亚交通大通道的建设是欧盟与中亚国家合作的主要领域。欧盟对中亚战略实施的成功与否对欧盟作为全球行为体的地位和作用将是一个重要的衡量指标和考验。     

A conservative convergence? The differences and similarities of the conservative right in the Czech Republic and Poland

This paper compares and contrasts the conservative right in both the Czech Republic and Poland in its historical and contemporary contexts. It argues that the conservative right is strong in both these countries and that they share many similar political features. However, there are also numerous differences between the conservative right in these nations. The reasons for these dissimilarities can be found in the relative historical social-economic development of the Czech Republic compared with Poland. Related to this is the fact that Czech society is a largely secular one, while the Catholic Church retains a strong social position in Poland. However, the paper also argues that it is possible to observe a convergence between the secular and religious forms of conservatism existent in the Czech Republic and Poland and that this is most evident at the level of European Union politics.     

Linking two levels of governance: Citizens’ trust in domestic and European institutions over time

This article puts forward a comprehensive framework for explaining the complex and dynamic relationship between trust in the domestic government and trust in the EU, considering time, country and individual-level variation. Using longitudinal comparative data from 32 Eurobarometer survey waves (2004–2018), we first establish that the link between attitude formation at the national and the EU supranational levels is present over time. Second, we show that during ‘extraordinary’ times of crisis the strength of that relationship intensifies. Third, we posit that the European sovereign debt crisis changed the mechanism for this relationship in two ways: during ‘extraordinary’ times, the link is much stronger in countries hardest hit by the crisis, and the relationship holds independent of individuals' political sophistication across all countries. Our findings have implications for understanding the drivers of EU support and theories of institutional trust.     

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...