Reading the Ongoing Changes: European Identity

Europeans constituted their post‐Second World War political identities in terms shaped by the Cold War but matters took an unexpected turn when the events of 1989/91 required acknowledgement of the hitherto largely unremarked existence of the project of the European Union. The question of the identity of Europe/Europeans moved into mainstream debate: how can the variety of 'national pasts' be reconciled, how might ideas of Europe/Europeans fit within the range of identities affirmed by Europeans, and can the project present a clear image within the international community? The European Union is the only game in town for Europeans but it is also deficient; reform is made more difficult by the struggle to define the post bloc world: reform for what becomes the issue ‐ upgraded US ally, loose free trade area or federal polity? These are awkward questions but the continent is recovering from the catastrophe of its twentieth century and one can feel optimistic for the future.     

欧盟竞争法中的"必要设施原则"

"必要设施原则"是竞争法在司法实践过程中出现的一个概念.对其进行研究和探讨,可有助于从微观层面了解竞争法的基本原理、立法框架和在司法活动中不断丰富和完善的历史.由于我国即将颁布的反垄断法以欧盟②模式为主要的立法参照,因此,研究欧盟法的有关规定,并对其将在中国法律领域产生的影响进行评价十分必要.     

一体化进程中的欧盟税法

欧盟税法反映了欧盟税制协调的成果。欧盟税法在目标、功能、法律渊源等方面都不同于某一主权国家的税法;它的实现主要取决于其成员国的意志。就世界范围而言,欧盟一体化的税法在调整范围和调整深度方面也已经远远走在了各区域经济体的前面,但尚未达到任何一个联邦国家的联邦税法发展的程度。展望未来,欧盟税法一体化的发展仍将经历一个漫长而曲折的过程。     

The Implementation of European Anti‐Discrimination Directives: Converging towards a Common Model?

This article examines the impact on national law and policy of two Directives on combating discrimination adopted by the EU in 2000. It considers the extent to which their transposition has resulted in the 'Europeanisation' of anti-discrimination law and whether this implies convergence in the direction of a common model. Two themes are examined: the list of protected grounds of discrimination and the creation of equality institutions. All 27 states have introduced legal reforms in response to the Directives and a loose level of convergence can be identified. Nevertheless, specific national traditions have proved resilient, for example, shaping the meaning attached to terms such as 'disability' or the structure and powers of equality bodies.     

Die Deutschen und die Türkeifrage: eine Analyse der Einstellungen zum Antrag der Türkei auf Mitgliedschaft in der Europäischen Union

In this paper, I examine the sources of support for Turkey’s EU-entry in the German public. I propose several models and explore their respective empirical validity using survey data gathered in May and June 2005. The analysis shows that neither trust in the federal government nor evaluations of the EU institutions play a role in attitudes toward Turkey’s bid for membership. By contrast, attitudes towards this issue are considerably affected by preferences about EU enlargement and, more strongly, by beliefs about whether Turkey at least partly belongs to Europe. Likewise, when forming attitudes towards Turkey’s bid for EU membership, Germans appear to consider the presumed consequences of including Turkey in the EU. Both East and West Germans are particularly likely to take consequences for regional security into account. The paper concludes with a discussion of several implications for German public opinion on this EU issue.     

Lessons of Russian in Afghanistan

The experience of Soviet involvement in Afghanistan (1979–1989) is considered through the prism of institutional transfers. Afghanistan has a long history of attempts to implement Muslim, Soviet and Anglo-Saxon institutional designs. Most of them have failed. This failure can be attributed to the lack of ‘elective affinity’ between traditional and new institutions imported from more developed countries. It is argued that a careful examination of the degree of elective affinity must precede any attempt of institutional transfers. An analysis of Ph.D. dissertations defended by Afghan students at Soviet and Russian universities complements logical arguments and references to historical facts.

“上海合作组织”框架下的中国与中亚国家金融合作目标及途径

金融合作是“上海合作组织”各国经济合作的重要领域,也是实现区域经济一体化的前提条件。在金融合作尚处于初级阶段的情况下,确定合理科学的金融合作目标,探索切实可行的金融合作途径,对于推动“上海合作组织”的金融合作进程具有十分重要的意义。根据《上海合作组织成员国多边经贸合作纲要》的原则,“上海合作组织”框架下的金融合作应分阶段进行,目标规划也应该划分为近期、中期和远期三个阶段。当前的工作重点是,积极推动成员国之间双边或多边的功能性金融合作。合作的具体进程要采取“双轮驱动”策略:既要开展以银行业务和功能完善为特征的金融合作;又要开展以金融组织和机制创新为特征的金融合作。     

Fiscal Decentralization Policies in the EU: A Comparative Analysis through a Club Convergence Analysis

Abstract

We study the degree of convergence or divergence in fiscal decentralization in the European Union over the period 1995–2015 using a club convergence approach. First, we analyze non-central expenditure and revenue as percentages of GDP, of total expenditure and of total revenue. The results for the EU-15 countries indicate some clustering, with three clubs formed when using GDP and four to five when using total revenue or expenditure. Second, we study the gap between expenditure and revenue as a proxy of fiscal responsibility. This results in three and two clubs respectively, with Denmark as the divergent country with the highest gap. Finally, we analyze potential unions of clubs and transitions. We also interpret our results taking into account variables found in the literature as determinants of fiscal decentralization. These results show how European countries are quite heterogeneous in terms of fiscal federalism and decentralization, with greater convergence in fiscal responsibility than in the other magnitudes.     

Gatekeeping by Allegations: An Examination of Verified,Unfounded, and Fabricated Allegations of Child Maltreatment Within the Context of Resist and Refusal Dynamics

Allegations of child maltreatment and neglect, including child sexual abuse, in the context of child custody disputes pose particular challenges for child protection services, family law professionals and the courts to identify children at risk of harm, as well as children impacted and exposed to other risk factors. Accurately identifying child maltreatment requires assessing the background, the history and the context of the allegations in order to differentiate confirmed, unfounded, and fabricated allegations. The paper provides a review of the history and current understanding of allegations within the context of child custody disputes by considering the connections of fabricated allegations to the theory of alienation and the role of gatekeeping. The paper then examines the social science literature regarding allegations within child protection investigations (the prevalence, types of maltreatment, reporter of allegations, and case outcomes) and explores the factors that have contributed to the challenges faced by child protection services to investigate and make determinations regarding allegations within the context of child custody disputes. We argue for early assessment protocols for child protection services to screen child custody cases, to differentiate allegations of alienation from other types of harm, to enhance role clarity in these volatile situations, to refrain from “taking sides” and to work collaboratively with the family law community. Lastly, we offer legal implications to improve collaboration between child protection services and the family law field to better respond to these complex cases.     

Does European defence really matter? Fortunes and misfortunes of the Common Security and Defence Policy

This article examines how the defence component of the Common Security and Defence Policy (CSDP) has been revisited over the last few years. It argues that while the CSDP has grown predominantly as a security – rather than defence – policy, the latest developments that include the creation of a military headquarter, the launching of a Permanent Structured Cooperation (PESCO) and the new role for the European Commission in defence funding, attest to an evolution towards a more central EU defence policy. In the meantime, the article points to some structural impediments to the materialisation of European defence. The momentum says little about the form and finality of military operations that EU states will have to conduct so as to give a meaning to defence in a European context. Moreover, persisting divergences in the EU member states’ respective strategic cultures and institutional preferences – notably vis-à-vis NATO – are likely to continue to constrain European defence self-assertion.