Procedure over substance? CETA and the political economy of subsidiarity

ABSTRACT

Competing notions of subsidiarity can help to understand the intricacies of new types of trade deals as concluded between Canada and the European Union. From this perspective the Comprehensive Economic and Trade Agreement (CETA) balances two fundamentally different models of economic distribution and decision making authority either giving priority to private actors and their domestic communities or to political institutions aiming for a social embedding within global markets. Examining CETA as an unusual compromise in international regulatory cooperation, this article focuses on the settlement of highly contentious issues through complex procedural innovation. While this eventually made a final agreement between trading partners with two different polities possible, it could not settle widely diverging assessments about the long-term economic effects of the new deal. As a consequence, and to build bridges between distinct spaces of subsidiarity, the final agreement represents a flexible and open-ended approach to future trade relations.     

European criminal law and European identity

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty (TE), which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice (ECJ) that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT (and related judgements of the ECJ) may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar.

欧盟及其主要成员国反性骚扰立法的主要内容

欧盟关于反性骚扰的立法认为性骚扰违反男女平等原则,属于歧视的一种。欧盟2002年针对性骚扰的专门立法对性骚扰的定义、受害人的保护、对性骚扰的处罚和举证责任等方面进行了较为全面的规范,为成员国提供了立法范本。法国、比利时、卢森堡和意大利等成员国根据各自法律制度的实际情况,将欧盟2002年条例规定的反性骚扰的各项具体目标转化为国内法。了解这些立法对于探讨中国当前相关立法有启发意义。     

对青少年人格发展特征的探析

青少年期是个体从幼稚顽童逐渐走向成熟个体的过渡时期,他们在认知、生理和社会性方面都将面对一个急骤发展变化的时期。他们的认识水平、情感体验和自我调控能力在这一时期都有了飞速的发展,但在人格发展上还表现出诸多的发展不成熟性。对青少年的人格发展作出分析并有针对性地对他们进行人格教育具有重要的现实意义。     

European integration from the agency theory perspective

European integration is a process in which national governments look for higher levels of integration and promote new requests for allocations from the supranational authority while the balance between the benefits and costs of the supranational collective action becomes increasingly favourable. This process may be analyzed as an agency problem where different national governments, acting as principals, try to lead a single agent—the supranational authority—to make a decision on the level of integration. In this paper, decisions on integration of equilibrium are studied as the result of a non co-operative two-stage game, where national governments outline their political support strategies in the first stage and the supranational authority decides the level of integration in the second stage. JEL Classification D72     

欧洲家庭法统一进程的最新发展——以欧洲家庭法协会为视角

欧洲家庭法协会(CEFL),以协调和统一欧洲家庭法为己任,自2001年成立以来着手对欧洲传统家庭法领域展开实体法协调的尝试。在离婚、离异配偶间扶养、父母责任等家庭法领域起草若干原则作为示范法,反映了欧洲比较家庭法的最新发展进程。即使在欧盟各成员国批准《里斯本条约》后,CEFL仍有其发挥作用的空间。     

青年就业文化的转型与构建探析

改革开放以来，我国的就业体制和机制都发生了深刻的变化，社会大环境也发生了变化，新的就业文化正在形成。受社会结构变动的影响，在青年特点的作用下，青年群体旧有的就业文化发生转型，新的就业文化正在构建。     

New Legal Instruments in a Changing World: Legal,Political and Cultural Developments in EU Judicial Cooperation

At the closing of the 20th century, Europe decided the time was ripe to take bold steps towards the creation of a truly integrated European judicial space. Of its overall goals for the new millennium, judicial integration ranked at the top as this reflected shifting global challenges in an increasingly diversified world. After more than a decade, the reality is still that of a policy area in which multiple practices of cooperation coexist. Indeed, political and cultural factors matter in explaining how judicial decisions and practices are harmonised and integrated by EU member states. The article focuses on a number of socialisation mechanisms adopted by the EU to build mutual trust among national authorities and also looks at the European Arrest Warrant as an important test bed of the strengths and weaknesses of European judicial cooperation.     

东盟规范的演进及其对外部规范的借鉴:规范传播视角的分析

规范是建构主义兴起后国际关系研究的热点问题,其中,规范传播是规范研究的重要内容。现有的规范传播研究多集中于规范在组织内的纵向传播以及由发达地区向不发达地区的横向传播,并在这两个维度上探讨规范的传播机制与传播战略。东盟规范根源于东南亚地区的历史文化传统与本地经验并借鉴了部分外部经验,伴随着东南亚地区合作的形成与发展而逐步生成和不断演化。东盟规范的演进过程同时体现了规范的纵向传播以及横向传播;从"小"东盟到"大"东盟,体现出东盟规范的纵向传播;东盟规范在东亚地区主义中的作用和影响则体现了东盟规范在更大范围内的横向传播。此外,20世纪90年代以来,东盟在借鉴的基础上对部分欧洲安全规范进行了本地化,体现出外部规范对东盟的横向传播。无论是东盟规范的向外传播还是东盟对外部规范的本地化,都体现出东盟不断适应形势变化、解决自身发展问题的需要。     

Tackling Ill-Treatment in Places of Detention: The Work of the Council of Europe’s “Torture Committee”

The article examines the working methods and effectiveness of the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT) which, since 1990, has been carrying out visits to places of detention. It also examines the impact the Committee has had upon European standards and expectations, and, in particular, upon the jurisprudence of the European Court of Human Rights, and raises certain issues in respect of the establishment of the United Nation’s Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture. This article draws upon material to be published in The Treatment of Prisoners: European Standards (Council of Europe Press: 2006).