“欧盟2020战略”对中国可持续发展的启示

"欧盟2020战略"是继里斯本战略之后,指导欧盟下一个十年经济发展的全新规划。该文对"欧盟2020战略"重点内容进行了解读,通过分析当前中国可持续发展的情况,结合中国"十二五"规划的内容,阐释了"欧盟2020战略"对中国可持续发展的启示。     

Institutional Foundations of Legislative Turnover: A Comparative Analysis of the Swiss Cantons

Abstract: The rate of turnover within parliaments remains an understudied area of research. The present paper contributes to filling this gap by presenting the first comparable macro‐level data on legislative turnover in the 26 Swiss cantonal legislatures. In examining the strikingly different levels of turnover in sub‐national Swiss parliaments between 1993 and 2011, the focus is on politico‐institutional features. Multilevel models reveal that two hitherto neglected institutional variables are correlated with legislative turnover. In addition to the reduction of parliamentary size, we find the strength of a cantonal parliament to affect turnover rates on the Swiss sub‐national level. Moreover, we show that proportional representation significantly promotes parliamentary elite circulation. Among the non‐institutional covariates, we find that electoral volatility is also relevant in explaining legislative turnover rates.     

Assessing Kaliningrad's Geostrategic Role: The Russian Periphery and A Baltic Concern

Recent developments in post-communist Europe and Latvia in particular have raised questions about political stability in new democracies there. This article argues for taking a long-term perspective on this problem in place of short-term judgments. In doing so, it makes special reference to the EU's political conditionality and its impacts on Latvia and then applies comparative lessons on democratic consolidation based on the concept of ‘partial regimes’. It becomes clear in this analysis that the consolidation process in Latvia has advanced over the past decade and more and, in this respect, the EU did have an important, though limited and rather specific, impact. Yet this process is still incomplete, with historical legacies being a major factor. The ethnic divide has also remained largely unresolved, party development problems have persisted and the public is still unconvinced by the actual democracy they see before them and is alienated by political elite behavior in particular. Hence, Latvia does not have a defective democracy as such, but further change is necessary before democratic consolidation may be achieved there.     

Trust in the information society

Trust is an important feature for all users of the Internet who rely on the safety and security of network technologies and systems for their daily lives. Trust, or the lack of it, has also been identified by the European Commission’s Digital Agenda as a major barrier to further development of the information society in Europe. One of the areas in which concerns have been raised is in relation to children’s safety online. As a result, substantial efforts have been made by policymakers and by the industry to build greater trust and confidence in online digital safety. This paper examines what trust means in the context of children’s use of the Internet. Should policy on trust enhancement, for instance, include children’s own trust in the technologies or services they use or is it sufficient to seek to reinforce parental and adult confidence that children can be adequately protected? What is required to build that trust from either perspective? Does it need, or should it include a relationship of trust between parents and children? To tease out these questions further, the paper examines current European Union policy frameworks on digital safety, particularly industry responses to the call for a more trusted Internet environment for children, and argues that technical solutions to be effective need to carefully balance a number of competing objectives and to be sufficiently grounded in evidence of parental and child experience of the Internet.     

Regulating electronic identity in the European Union: An analysis of the Lisbon Treaty’s competences and legal basis for eID

This paper discusses the feasibility of EU legal action in the field of electronic identity (eID) within the new distribution of legal competences and the provision of novel legal basis engendered by the Treaty of Lisbon. The article attempts to find a ‘legal anchor’ to the idea of a pan-European electronic identity within EU law, looking at the issues of competences and legal basis. After examining various different areas of competence and the most feasible (and probable) candidates for a legal basis supporting an EU legal framework for eID, the paper argues that the latter should be found in the combination of Article 16 TFEU (concerning the right to the protection of personal data) with Article 3 TUE, and Articles 26 and 114 TFEU (concerning the establishment and functioning of the Internal Market), which also constitute the area of competence where an eID legal initiative can be pursued.     

Security,privacy and freedom and the EU legal and policy framework for biometrics

The adoption of the Treaty of Lisbon and the granting to the Charter of Fundamental Rights of the same legal force as the Treaty has lent a new impulse to the consideration of fundamental human rights by the European Union (EU). The question remains, however, as to how this legal discourse, centred upon human rights, is actually shaping the EU regulatory framework in specific policy domains. The aim of this paper is to critically appraise the ways that the fundamental rights of security, privacy and freedom guaranteed by the Charter are being construed in the context of EU law and policy on biometrics, an ethically and morally sensitive security technology whose development and use are being actively promoted by the EU. We conclude that the interpretation of the pertinent rights, as well as their balancing, owes a great deal to the goals of EU policies for research and development, and under the auspices of Freedom, Security and Justice, shaped largely by political and economic considerations. These considerations then tend to prevail over ethically or morally-based legal claims.     

EU和WTO预防原则解释和适用比较研究

预防原则是国际法上重要的法律原则,其法律地位存在很大争议,不同国际组织对其认可和适用的程度不尽相同。欧盟的预防原则理念领先于其他国家和地区,在区域内的实践呈扩大的趋势。WTO框架内预防原则的实践则发展缓慢,由于宗旨的不同和背后利益集团的博弈,与欧盟的预防原则立法和实践存在较大差异。     

论欧盟公共采购法采购主体的界定标准及其对我国的借鉴意义

欧盟公共采购法包括三类主体———公共部门、经营四个指定公用事业行业的公共企业和在政府授予的特殊或排他性权利基础上开展经营的私有企业。其中将公共部门纳入政府采购是由于委托—代理关系的存在,而将企业纳入政府采购是为了防止政府对企业的采购过程施加影响。相比之下我国政府采购法规定的采购主体仅限于公共部门的范畴,这是由我国目前的社会经济发展需要决定的。政府采购法的采购主体制度不是一成不变的,应随着社会经济发展需要的变化而发展变迁,我国国有企业改革完成后,也应将国有企业按照不同性质进行分类,一部分由竞争法调整,一部分纳入政府采购法的调整范围。     

Coercive Europeanization: the EU's struggle to contain secessionism in the Balkans

Secessionism is still the predominant conflict type in Europe. Even though the European Union (EU) extended the enlargement perspective to the Balkans 15 years ago, secessionist ambition remains pervasive, especially in Bosnia, Kosovo, Macedonia and Serbia. How does secessionism affect Europeanization and how does Europeanization affect secessionism? It is argued here that in cases of unattained statehood domestic power struggles among deeply divided elites over status and territorial control undermine the consensus needed for Europeanization. In cases of attained de facto statehood the conflict focuses on recognition, which likewise polarizes societies and marginalizes reform. In such high-resistance scenarios, where the inclusionary EU norms clash with the exclusionary norms of the secessionists, the EU vigorously works to marginalize the secessionists by relying mainly on denial, punishment and imposition. Still, the EU's leverage is often insufficient in moving the conflicting parties towards within-state solutions and reform. A study of Bosnia's transformation since Dayton reveals, however, that the EU's leverage varies over time and that the EU at times itself inadvertently fans secessionism.     

US mainland,EU archipelago? Convergence and divergence on transnational organized crime

The fight against organized crime has become a top security priority for the European Union (EU). While a new policy area is emerging, it is difficult to understand who is in lead and how the process develops. This article delves into the post-Lisbon EU security model, exploring how Washington and Brussels collaborate in combating organized crime in a context of changing definitions, actors and policies. It argues that US definitions, operational models and policies influence EU institutional thinking and policies, shifting the emphasis from prevention and rule of law to execution and intelligence. The dynamics of policy convergence and divergence on criminal matters in the transatlantic community reflect tectonic shifts in the deepest levels of thinking security in the West, affecting the moulding of a European security identity.