Ukrainian‐polish relations between 1991 and 1998: From the declarative to the substantive

From the first days of Ukraine's independence, Poland was singled out by Kyiv to act as its ‘strategic partner’. This partnership was expected to extend to Poland helping Ukraine integrate with subregional institutions and move ever closer to regional institutions. However, up until 1994, Ukraine's hopes were frustrated — Poland's own objectives precluded it from moving too close to Ukraine. This article will argue that the demands of regional integration, in particular NATO enlargement, promoted a greater harmonisation of policy objectives between Kyiv and Warsaw (especially on the bilateral and subregional levels) from the time it was announced. The positive impact of NATO enlargement contrasts with the deleterious effects of EU enlargement, which threatened to disrupt ties between the two neighbours.     

When can external actors influence democratization? Leverage,linkages, and gatekeeper elites

This article engages in the flourishing debate on the external dimension of democratization by proposing a theoretical model of when external actors can influence democratization. The argument takes its departure in a critical assessment of existing structural contributions. It is argued that structural approaches are useful in explaining interregional differences in external influence, but have difficulties coping with cases that do not adhere to the overall structural pattern – that is, with intraregional differences. To deal with these problems, I turn to Levitsky and Way's renowned framework of leverage and linkage, and argue that their theory, giving primacy to structures, is not entirely valid. The structural determinants (linkages) that constitute the basis of their explanation are not non-amenable as they claim, but can be influenced to a great extent by what I term the gatekeeper elites of the target country. That is, I claim that domestic elites should not only be perceived as mere objects of external influence, as they are in the structural accounts, but rather as gatekeepers that actively facilitate or constrain ties to external actors. Hence, to fully understand when external actors can influence democratization, we need to breathe dynamism into the structural accounts by carefully evaluating, not just leverage and linkages, but also elite agency.     

欧洲联盟电子商务立法评介

欧盟电子商务立法的框架是由一体化立法、成员国立法、综合立法和专项立法共同构建而成的多层次的法律体系 ,其内容涉及网络服务、电子签名、消费者保护、司法管辖、电子货币、税收以及著作权保护等方面。从欧盟电子商务立法实践可归纳出三方面特点 ,即 (1 )就立法意图而言 ,重点在于创建欧洲电子商务统一市场 ;(2 )就欧盟法与成员国立法关系而言 ,强调相互补充、相互制约 ;(3)就立法的重点而言 ,兼顾内部立法、国际条约和行业自律的制定。     

Immigration and Swiss‐EU Free Movement of Persons: Question of a Safeguard Clause

The issue of migration is a current topic in different European countries. In this paper, we concentrate on the case of Switzerland. After the adoption of the Mass Immigration Initiative on 9 February 2014, Switzerland is faced with a challenging task. It needs to implement the constitutional mandate to manage migration autonomously, although Switzerland has a bilateral free movement of persons agreement with the EU. We present an approach to a solution for discussion. The basic idea is to maintain the principle of freedom of movement without fixed quotas or national priority but with a safeguard clause for (statistically) exceptional situations. An exceptional situation occurs if serious social, economic or political difficulties arise. As an objective method to determine serious difficulties, we choose an excessive percentage in net migration, defined on the basis of the situation in the EU/EFTA. If the net migration in Switzerland is getting excessive, the safeguard clause could be called. In addition, we take other factors into account such as the amount of the EU/EFTA foreigners and the labor market.     

Intra-EU Labor Mobility: A Key Pillar of the EU Architecture Subject to Challenge

Intra-EU labor mobility is often characterized as a major contributor to better functioning European labor markets. Does the evidence of recent cross-border labor mobility support this positive expectation? Does the EU live up to its potential of being a role model by showing that managing free movement of labor in turbulent times is possible? We will show that, in spite of its potential, the challenges facing free movement of labour are tremendous. We address four important aspects: enlargement; transitional measures and their consequences; the crisis and its effects; and the potential offered by free movement for better labor allocation.     

Regulating internet platforms in the EU - The emergence of the ‘Level playing Field’

This paper analyses the European Union's regulatory policy on platforms. The first part of the paper looks at the how the EU formulates platform policy while the second analyses the proposed and existing laws that already cover them. The final part looks at the consequences of the level playing field as the guiding regulatory principle. The main argument is that EU regulatory intervention concerning platforms seeks to bring linear providers in line with platforms through the "level playing field" or, in other words, that the EU seeks to protect the incumbents and minimise disruption rather than enhance the value-creating potential of platforms.     

Inside Lobbying on the Regulation of New Plant Breeding Techniques in the European Union: Determinants of Venue Choices

In July 2018, the Court of Justice of the European Union decided that new plant breeding techniques (NPBTs) fall within the scope of the restrictive provisions on genetically modified organisms (GMOs). Previously, various actors had lobbied in order to influence the European Union’s (EU’s) regulatory decision on NPBTs. This study examines the venue choices taken by Cibus, a biotech company that promoted NPBT deregulation. It shows that the firm bypassed the EU level and that it lobbied competent authorities (CAs) in certain member states to gain support for the deregulation of NPBTs. Cibus chose the CAs because their institutional “closedness” reduced the risk of the debate over the deregulation of NPBTs becoming public. However, the CA’s specific competences and their influence on EU decision making were of likewise importance. The firm lobbied CAs based in Finland, Germany, Ireland, Sweden, Spain, and the United Kingdom. Two factors appear to have influenced Cibus’ choices for these countries: high‐level political support for agribiotech and the high relevance of biotech sectors. In contrast, public support for GMOs turned out to have hardly any influence, and virtually no association could be observed for the agricultural application of biotechnology in the past nor for the weakness of domestic anti‐GMO lobby groups. Finally, the in‐depth study on Germany affirms that “closedness” was important for Cibus’ choices and reveals that technical information served as a venue‐internal factor that influenced the firm’s choices.