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111. What Van Gend en Loos Stands For (Abstract only)

Author:
Damian Chalmers and Luis Barroso
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 105–134 doi:10.1093/icon/mou003 Three transformational developments flowed from Van Gend en Loos: the central symbols and ideals of EU law; an autonomous legal order with more power than traditional treaties; and a system of individual rights and duties. The judgment also set out how each of these developments was to be deployed. The symbols and ideals were set out to proclaim EU authority rather than to go to what the EU did. What the EU did was, above all, government through law. The EU legal order was conceived, above all, therefore, as a vehicle for the expression of EU government. This, in turn, shaped the allocation of individual rights which were predominantly granted only where they furthered the realization of the collective objectives of EU government. Conceiving EU law as governmental law also left a profound and negative effect on EU legal meaning. This became shaped by EU law being reduced to something to sustain activities valued by EU government rather than to provide a wider, more emancipatory imaginary.
Topic:
Development and Government
Political Geography:
Europe

112. Revolutionizing European Law: A History of the Van Gend en Loos Judgment (Abstract only)

Author:
Morten Rasmussen
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 136–163 doi:10.1093/icon/mou006 Did the famous Van Gend en Loos judgment constitute a breakthrough for a constitutional practise in European law or was it merely drawing the logical legal consequences of earlier case law and of the Treaties of Rome? Based on comprehensive archival studies, this article argues that neither earlier case law nor the Treaties of Rome can fully account for the judgment. Instead, Van Gend en Loos represented a genuine revolution in European law. Prompted by the legal service of the European Commission, the European Court of Justice (ECJ) took a decisive step towards addressing two major problems of international public law, namely the lack of uniform application of European law by national courts across the six member states and the lack of primacy granted to international law in several member states. The judgment was based on a new teleological and constitutional understanding of the Treaties of Rome developed by the legal service, and took the first step towards establishing an alternative enforcement system. The ECJ would already in 1964 take the second step by introducing primacy in the Costa v. E.N.E.L. judgment. The new enforcement system remained highly fragile, however, due to the dependency on the cooperation of national courts through the preliminary reference system. As a result, the full effects of the Van Gend en Loos judgment were only felt after the Single European Act (1986) pushed reluctant national governments and courts to finally come to terms with the legal order the ECJ had developed.
Topic:
Government and Law
Political Geography:
Europe

113. International in Life, National in Death? Banking Nationalism on the Road to Banking Union

Author:
Martin Rhodes and Rachel A. Epstein
Publication Date:
12-2014
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
European states have a long history of banking sector nationalism. Control over credit allocation is believed to contribute to economic development and competitiveness goals, insulation from external economic shocks, and control over monetary policy. This paper explains the potentially dramatic loss in domestic control over banks created by the European Banking Union (EBU). First, we argue that ongoing liberalization in the global and European economies has made banking sector protectionism both more costly and conflictual. Second, we contend that because many of the biggest banks have internationalized their operations, they now prefer centralized European regulation and supervision. Third, supporting a modified neofunctionalist argument, we find that behind the sometimes frenetic intergovernmental bargaining in 2012-14, it is primarily the European Commission and the European Central Bank that have pushed Banking Union ahead. Supranational institutions have argued, with some success, that they have unique capacity to solve collective action and prisoners' dilemma problems. Contrary to accepted wisdom, Germany has not set or limited the Banking Union agenda to a great extent, in part because of its own internal divisions. Moreover, the Commission and the ECB have managed at critical junctures to isolate Germany to secure the country's assent to controversial measures.
Topic:
Economics, Government, and Monetary Policy
Political Geography:
Europe and Germany

114. Comprehensive Security and Integrated Defence

Author:
Henrik Breitenbauch, Martin Hurt, Tomas Jermalavicius, Pauli Järvenpää, and Piret Pernik
Publication Date:
02-2014
Content Type:
Special Report
Institution:
International Centre for Defence and Security - ICDS
Abstract:
The Estonian Government began employing an integrated approach to national defence in 2010. Pursuant to the National Defence Strategy, subsequent steps will include submission for Cabinet approval of the non-military sections of the National Defence Development Plan for 2013-2022. These sections deal in a coordinated manner with both military defence and essential non-military activities. The Ministry of Defence is currently drafting a National Defence Act. The report was commissioned in order to document the current state of implementation of the integrated national defence model. The Estonian Government began employing an integrated approach to national defence in 2010. Pursuant to the National Defence Strategy, subsequent steps will include submission for Cabinet approval of the non-military sections of the National Defence Development Plan for 2013-2022. These sections deal in a coordinated manner with both military defence and essential non-military activities. The Ministry of Defence is currently drafting a National Defence Act. The report was commissioned in order to document the current state of implementation of the integrated national defence model. The report identifies conditions for the successful interactions of national security and defence stakeholders in the strategic framework of comprehensive security and integrated defence. It reviews the literature on comprehensive and integrated approaches to complex security and defence challenges and extracts some key factors underpinning the effective whole-of-government and whole-of-society efforts. It then considers experiences of several nations – Denmark, Finland, The Netherlands and Sweden – in building integrated security and defence systems. Finally, the paper investigates the ‘state of play’ in Estonia when it comes to implementing the concept of integrated defence. It closes with the recommendations to Estonia‘s policymakers.
Topic:
Security, Defense Policy, Government, and Military Affairs
Political Geography:
Europe, Eurasia, Finland, Estonia, Denmark, Sweden, and Netherlands

115. Back to the future for Syria

Author:
Michael Williams
Publication Date:
06-2013
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
Some months ago while clearing my late mother 's house I came across a stamp album from my school days in the 1960s. There were stamps from 'Croatia ', in reality produced by extremist groups in Argentina, but testifying to the existence of the Nazi puppet state of Croatia (NDH) in the 1940s. But to my surprise, I also found stamps from the 'Alawite State of Syria '. An independent Croatia is now a reality and soon to become a member of the European Union. For that matter we also have states of Bosnia-Herzegovina, Montenegro and Kosovo. And the former Soviet Union has broken up into its constituent republics. Who would have imagined this as late as 1990? But maybe the break up of states, whether Yugoslavia or Czechoslovakia, and possibly the United Kingdom if Scotland opts for independence in 2014, is a purely European phenomenon?
Topic:
Government and United Nations
Political Geography:
Afghanistan, United Kingdom, Europe, Bosnia, Herzegovina, Argentina, Kosovo, Yugoslavia, Syria, and Scotland

116. The Arab Spring and the European Response

Author:
Muriel Asseburg
Publication Date:
06-2013
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Europeans enthusiastically embraced the Arab Spring. However, the EU and its member states have lacked significant influence in a neighbouring region in turmoil. The EU has not devised new and more appropriate approaches towards the region, but rather relied on its traditional tools and frameworks. The Eurozone's financial crisis and threat perceptions have quickly underminded the readiness of EU member states to contribute meaningfully to Arab transformations with money, market access and mobility. In addition, European support has not been equally welcomed across the region, and delays in terms of building empowered governments have prevented a quick impact. Moreover, the violent power struggles triggered by the Arab Spring have revealed the EU's weakness with regard to effective conflict prevention and timely crisis management - and thus created an environment averse to democratic transformation and regional stabilisation.
Topic:
Government
Political Geography:
Europe

117. Lessons from the European Crisis

Author:
Jurgen Stark
Publication Date:
10-2013
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
It was one of the author's predictions in 1998 that the euro zone would end up teaching us more about economics compared to what economics could teach us about the euro zone. While many of the author's predictions of that year did not hold, including the forecast that the euro would challenge the dollar as the world's foremost reserve currency, this particular prediction ultimately turned out to be correct. A monetary union is a hybrid between a fixed exchange rate system and a unitary state, one that is fully captured neither with closed-economy macro models nor classical international macro models of fixed exchange rates.
Topic:
Government
Political Geography:
Europe

118. Nermin Abadan-Unat, Turks in Europe (London: Berghahn 2011)

Author:
Patrick Hein
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
Central European University Political Science Journal
Institution:
Central European University
Abstract:
In his 2010 best-selling book Germany Is Doing Away with Itself former German Central Bank executive member Thilo Sarrazin denounced the structural integration unwillingness of the Turkish community in Germany. The book sparked a fierce controversy especially among young, liberal, German-speaking Turks who feltCEU Political Science Journal. Vol. 8, No. 2 267 deeply offended by Sarrazin's allegations. The German unease with Islam and Turkey has cast a shadow over bilateral relations between the two states. With the rise of radical Islam and ongoing human rights violations in Turkey, tensions have been on the increase.
Topic:
Government
Political Geography:
Europe, Turkey, and Germany

119. Europe's Armed Forces in Civil Security

Author:
John L. Clarke
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
Two decades after the end of the Cold War, does Europe need armies? What should soldiers do, besides fighting and preparing to fight? What tasks are (and are not) ap- propriate for soldiers to carry out in a domestic context? Is territorial defense still a valid mission for European armed forces? And are there better—and cheaper—solu- tions?
Topic:
Government
Political Geography:
Europe

120. NATO's Energy Security Policy Put to the Caspian Test

Author:
Nathan R. Grison
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
As a bridge between the Middle East, the former Soviet republics, and the Euro-Atlan- tic zone, the Caspian Sea is increasingly at the center of the global geopolitical and commercial game. In addition to its strategic location, the Caspian Sea, according to analysts, could contain between 6 and 10 percent of the world's gas reserves, and from 2 to 6 percent of the world's oil reserves.
Topic:
Government
Political Geography:
Europe and Middle East