‘This time it’s different’ – the European lead candidate procedure of 2014 and its historical background

The 2014 elections for the European Parliament (EP) witnessed a novel procedure: the lead candidate (or Spitzenkandidaten) procedure, which was to (and did in fact) link the polling results to the nomination of the new European Commission President. This article investigates the procedure’s historical background from a long-term parliamentary perspective. It points out that there were three factors or developments that explain its introduction: the EP’s assertive political culture, increasing attention for the EP’s representative function and the support of prominent political actors who were able to make a difference.     

经济增长方式转变、影响因素与“十二五”期间矛盾克服——马克思学派增长及周期模型与“十二五”期间的战略措施研究

该文依据马克思经济学的思维方式,通过建立起科学的经济增长与周期分析模型,分析了影响中国“十二五”期间经济的适度速度、波动区间及持续时间,规划时期内投资、消费与外贸等战略措施。     

Is the SEC a learning regulator? Lessons from proxy access

Analysis of the US Securities and Exchange Commission's (SEC) treatment of the concept of ownership in the federal proxy rules, between 1934 and 2010, suggests SEC systems and procedures may not employ optimal organizational learning. Addressing this, I develop the Learning Regulator Framework, a normative model facilitating organizational learning and allowing regulatory agencies to maintain awareness of, and adaptation to, socio‐economic realities in regulated environments, thereby promoting reflective, responsive, relevant, and efficient regulatory frameworks. The relevance of the model to other institutional settings is also considered.     

Breaking down the barriers? New public management in the European commission

On 15 March 1999, the mass resignation of the College of Commissioners amidst accusations of fraud, mismanagement and nepotism was the catalyst for potential transformation of the European bureaucracy in a radical way. The Commission is at the centre of networks of European governance but it only demonstrates a ‘shadow of a cohesive administrative culture’ (Cini 1996: 223). The managerial reforms which have finally been engaged by the Commission twenty years later than its member countries focus primarily on efficiency and accountability in order to bridge the ‘EU's management deficit’ (Metcalfe 2000: 824). This paper seeks to argue that reforms in the European Commission can only be successful if a cultural analysis is carried out, developing a distinctive approach to European public management in order to lay the basis for new forms of European governance. Copyright © 2002 Henry Stewart Publications.     

城市规划中公共利益的内涵界定——一个城市规划案引出的思考

城市规划作为调整和分配城市空间利益的手段,必须符合公共利益。由于现代行政的任务除单纯消极的秩序维持的功能外,更包括积极的形成功能,即行政并非仅是单纯的执行法律,更应包含政策拟定与决定的成分。这使得传统的公共利益界定模式无法获得自身的必要性与确定性而备受质疑。为回应上述质疑,有必要在公共利益界定中引入民主因素——公众参与。     

山东省旅游资源可持续利用探讨

山东省是一个旅游大省,有着丰富的旅游资源。利用旅游规划、有关政策等行之有效地保持旅游资源的可持续利用,是保持旅游业健康发展的关键。     

Reengineering the Child Support Scheme: An Australian Perspective on the British Government's Proposals

After years of problems with the Child Support Scheme in Britain, the Government has decided to attempt reform again, less than four years after a previous major change was implemented in 2003. The author evaluates these reform proposals, drawing upon his experience in leading a recent major review of child support policy in Australia. While many of the reform measures offer a sensible way forward for child support policy, Britain risks going backwards in terms of community acceptance of the child support obligation. The Government needs to consider the likely impact of its policy settings on private agreements about child support. Ways are proposed both to protect the Treasury and to promote the wellbeing of children by adopting different policy settings that ensure the resident parent has an incentive to bargain for the level of child support required by the new formula. The new formula itself is evaluated in the light of the international research on the costs of children. Ways are also suggested for developing a co-ordinated approach across government to the provision of support services for parents who do not live together.     

Storytelling and fraught histories: Phila Ndwandwe’s Blue Dress

Twenty years after the final hearings of the Truth and Reconciliation Commission in South Africa, researchers are unearthing and examining the stories, discourses and processes that formed the transition from the apartheid to post-apartheid periods. In this paper, I investigate the story of Phila Ndwandwe, killed by the security police in the late 1980s, whose body was the first to be exhumed by the commission. Ndwandwe’s story has been framed through various narrative devices, most prominently by an artwork by Judith Mason colloquially titled the Blue Dress. Tracing the stories constructed about Ndwandwe, I consider the performative and transformative potentials of storytelling and argue for a commitment to listening that resists mere understanding.     

传统司法文化对现代法治的冲击及反思——以司法改革为视角

我国传统的司法文化结合了儒家、法家、道家等各派的法律思想,在历史的传承中形成了自身的特点。某种程度上,我国现代法治进程也是对我国传统司法文化批判地继承的过程。我们应深刻认识到,传统司法文化中有着众多阻碍法治进程的内容,对传统司法文化去其糟粕,取其精华,无疑是当前我国司法改革的题中之义。     

英国有关海上保险法的最新修改议案及对中国的借鉴

为通过法律平衡被保险人和保险人之间的利益,反映现代保险实务的需要以及保证保险合同双方明确各自的权利和义务,英国法律委员会与苏格兰法律委员会自2006年起将保险合同法的审查和修改提上日程。法律委员会通过发布咨询文件的形式提出修改涉及英国《1906年海上保险法》多个重要条款的保险合同法的方案。整个法律修改项目预计于2012年完成,届时英国海上保险法会有很大程度的改变。通过介绍英国海上保险法的修改,为中国海商法相关问题的修改提供参考和借鉴。