The evolution of European legal integration

This article contributes to the development of theories on European integration by testing and exploring statistical models on the long-term development of legislative activity of the European Commission. Drawing on legal information gained from the European Union’s PreLex database and analyzing it with the help of statistical analyses, we map out growth patterns of EU law between 1976 and 2003. We construct time-series models and models based on non-linear regression. While the performance of models based on the traditional theoretical approaches, intergovernmentalism and neo-functionalism, is rather poor, the analysis suggests that nonlinear dynamic models might be an interesting avenue for future conceptualizations of the EU integration process. This article is based on a paper presented at the ECPR Standing Group on the European Union Second Pan-European Conference on EU Politics, “Implications of a Wider Europe: Politics, Institutions and Diversity”, 24–26 June 2004, Bologna, Italy. We would like to thank the seminar participants for useful comments.     

论欧盟法对欧盟成员国的效力

作为目前世界上最成熟和最发达的区域性国际组织,欧盟在很多方面有值得其他国际组织借鉴的地方。本文主要探讨了欧盟法对欧盟成员国的效力的问题。其中包括了欧盟法对欧盟成员国的时间效力范围和空间效力范围、欧盟法的效力优于欧盟成员国国内法、欧盟法在欧盟成员国的直接效力和间接效力以及欧盟法律与欧盟成员国法律之间的配合关系效力,以希望从中可以引出一些有益的启示。     

欧盟安全模式的体系层次分析

欧盟安全模式在冷战后日益突出,其特点在于通过有效的多边主义来维护安全。在冷战期间西欧国家地处两极对抗的前沿,两极格局的终结也对欧盟国家造成了重大冲击。因此,欧洲安全模式的形成和发展深受体系结构和体系进程的影响和制约。其中,结构因素发挥更为重要的作用,但同时体现为国际制度的进程因素对于巩固和维护欧洲安全也有重大的反作用。国际制度无法独立于体系结构影响国家行为,在欧洲安全模式形成的过程中,体系结构是独立的自变量,国际制度则是干预变量。     

Democracy,Subsidiarity, and Citizenship in the ‘European Commonwealth’

Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of theEuropean Union; what kind of polity is the Union? The suggestionoffered is that there is a legally constituted order, and that asuitable term to apply to it is a‘commonwealth’, comprising a commonwealthof ‘post-sovereign’ states. Is it a democraticcommonwealth, and can it be? Is there sufficiently ademos or ‘people’ for democracy to be possible?If not democratic, what is it? Monarchy, oligarchy, ordemocracy, or a ‘mixed constitution’? Argued: thereis a mixed constitution containing a reasonableelement of democratic rule. The value of democracy isthen explored in terms of individualistic versusholistic evaluation and instrumental versus intrinsicvalue. Subsidiarity can be considered in a similarlight, suggestively in terms of forms of democracyappropriate to different levels of self-government.The conclusion is that there is no absolute democraticdeficit in the European commonwealth.

     

Economics and Law of Works of Art in the Single European Market

This paper is concerned with the economic analysis of the European rules on the circulation of works of art. After reviewing the relevant literature, an economic framework of the international circulation of works of art is provided (social goals, efficiency and distributive aspects, an economic rationale for a general free trade rule integrated by selective protectionism). Using this framework the European system of circulation of works of art—resulting from the combination of the Maastricht Treaty with Regulation 3911/92 and Directive 93/7—is analysed. The main results of the analysis are: 1) the general free trade principle ruling the Single European Market is strongly limited by rules protecting national artistic heritages of member states; 2) this protectionism—working towards countries both outside and inside the European Union—is applied according to the national laws of each member state, while, contrary to what the Maastricht Treaty would call for, an artistic heritage of European significance is not defined and no autonomous role is recognized in this field to European Institutions; 3) this system shows some inconsistencies with economic theory, as strict limits to trade are not provided when they should be required by the preservation of the physical or artistic integrity of works of art, while in other cases an unduly restrained trade may derive from highly protectionist national laws and export-licencing policies of member states. Enforcement provisions are also analysed and some proposals to improve the system are advanced.     

Jurisprudential Dilemmas of European Law

Making a first sketch of philosophical issues arising fromEuropean Community law I want to present a series ofmore or less obvious, and more or less interrelated dilemmas,or even double binds.(i) Deepening the community becomes incompatible withwidening membership. (ii) National states seem bothnecessary for and obstructive in articulating transnationalproblems. (iii) The more democracy is needed as a warrantfor the public exercise of political power in Europe, themore the very concept of democracy on a European scaleevades understanding. (iv) European unity presupposes aunifying rule of law, while member states have radicallydifferent conceptions of this principle. (v) Even the verycore of European integration, the common market, is subjectto two conflicting and, indeed, incompatible doctrines ofcompetition. In explaining the nature of each dilemma I willtry to take my cue from the Maastricht Treaty wherever thisseems suitable. Then I will elaborate on the jurisprudentialproblems involved in it. Finally, each section will be closedby an attempt to state the nature of these problems inphilosophical terms.     

欧盟与东盟区域一体化发展模式之比较

区域化是当今世界的一个重要发展趋势。欧盟和东盟是当今世界发展最为引人注目的区域组织。它们的发展不仅对本地区的政治、经济产生了巨大的影响,同时,也在世界的经济发展和政治稳定中扮演着重要的角色。比较分析两大区域组织发展模式,有利于加深我国与它们的合作,推动各方的经济和政治的发展,以开创“共赢”的局面。     

Spinning Europe: Pro-European Union Propaganda Campaigns in Britain, 1962–1975

The impact of pro-European Union (EU) propaganda campaigns in Britain has been neglected within EU studies and in the recent work on the Europeanisation of political parties, trade unions and the British state. Bringing together the few sources of information that exist, this article documents the three government-organised pro-EU propaganda campaigns of the 1960s and 1970s. It specifically discusses the campaigns in 1962—63 to bolster public support following Britain's first application to join the EU, in 1970—71 to prepare the public for accession, and in 1974—75 to ensure continued membership in the 1975 Referendum.     

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.