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371. ¿Integración por la puerta trasera? La incursión del Tribunal de Justicia de las Comunidades Europeas en materia tributaria

Author:
Antonio Cubero and Loreno Ruano
Publication Date:
11-2005
Content Type:
Working Paper
Institution:
Centro de Investigación y Docencia Económicas
Abstract:
To what extent do member states control the process of European integration? This question has traditionally confronted Intergovernmentalists with Neo-functionalists and Institutionalists of various sorts. This paper provides evidence that supports the second school of thought and refines its theoretical claims with a case study: the European Court of Justice's jurisprudence on direct taxation. This is a 'hard case', because in this sector, the member states' resistance to the expansion of Community competence has been particularly virulent. It will be shown how, inspite of this, the Court's jurisprudence has ventured in the field of taxation to the point of undermining the principle upon which rest all national fiscal systems (the distinction between residents and non-residents), putting under severe strain the coherence of national tributary systems. The Court's jurisprudence have also had effects on issues pertaining exclusively to national taxation, through the principle of 'inverted non-discrimination'.
Topic:
International Relations, Economics, and Government
Political Geography:
Europe

372. International terrorism: the changing threat and the EU's response

Author:
Paul Wilkinson
Publication Date:
10-2005
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
If any Europeans observing the 9/11 atrocities in the United States had comforted themselves with the belief that Western Europe was immune from such attacks, this illusion should have been dispelled by the train bombings in Madrid in March 2004 and the July 2005 bombings of Underground trains and a double-decker bus in London, apparently by suicide bombers with links to the Al Qaeda network.
Topic:
International Relations, Security, and Terrorism
Political Geography:
United States, Europe, and London

373. Effective non-proliferation -- The European Union and the 2005 NPT Review Conference

Author:
Bruno Tertrais, Darryl Howlett, John Simpson, Harald Muller, and Burkard Schmitt
Publication Date:
04-2005
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
Ever since its entry into force in 1970, the nuclear Non-Proliferation Treaty (NPT) has been the cornerstone of the fight against the spread of weapons of mass destruction (WMD). At the same time, it is one of the most universal international legal instruments, with 189 states parties in early 2005 (only India, Israel and Pakistan remain outside the Treaty).
Topic:
International Relations, Security, and Nuclear Weapons
Political Geography:
Europe

374. EU security and defence - Core documents 2004

Publication Date:
02-2005
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
1. On 8th December 2003, the Council mandated that the EU's military rapid response capability should be further developed. Separately, UK, France and Germany have considered how the Union can contribute further to conflict prevention, peacekeeping and peace enforcement operations in close co-operation with the United Nations (UN). Together, we have proposed that the EU should aim to build upon the precedent set by Operation ARTEMIS in the DRC by developing a number of battle-group size forces available to undertake autonomous operations at short notice, principally in response to requests from the UN. These forces should be capable of operating under a Chapter VII mandate. 2. This paper aims to set out in more detail the battle-groups (BG) concept, to establish its context within the ongoing development of EU rapid response and EU-UN co-operation, and to propose a process of consultation (including with the UN) and implementation.
Topic:
International Relations, Security, Defense Policy, and United Nations
Political Geography:
United Kingdom, Europe, Turkey, and Ukraine

375. Information security: A new challenge for the EU

Author:
Burkard Schmitt, Alain Esterle, and Hanno Ranck
Publication Date:
03-2005
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
Since the invention of the wheel, technical innovations have driven the history of mankind. Some of them have been particularly important and have changed profoundly the way societies work and individuals live. The Internet is a perfect example of such an innovation. Based on common protocols to send electronic messages and identify machines, it has opened up a new area of communication and information, enabling us to transfer vast amounts of digital data for a great variety of applications within fractions of a second around the globe. Moving into the new domain of cyberspace, the Internet has overcome the barriers of distance and time, and is therefore rightly considered to be the symbol of globalisation.
Topic:
International Relations, Civil Society, and Science and Technology
Political Geography:
Europe

376. Providing Security. The Division of Labour. Armed Forces, Gendarmerie, Police

Author:
Alain Faupin
Publication Date:
02-2005
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This topic is quite uneasy as the security tasks of all three organizations, namely armed forces, police and gendarmerie, are either very different, or very intermingled. The only common point is the primacy of the civilian authority, a rule of good governance and of democracy scrupulously applied and overseen.
Topic:
International Relations, Security, Government, and Governance
Political Geography:
Europe

377. Phases of Competition Policy in Europe

Author:
Andreas Resch
Publication Date:
04-2005
Content Type:
Working Paper
Institution:
Institute of European Studies
Abstract:
In the process of globalization, international convergence of competition legislation has steadily gained importance. Yet, specific aspects of European history gave capital markets, corporate governance and competition policies a special flavor. Historically grown peculiarities have to be taken into account when it comes to evaluate actual policy decisions.
Topic:
International Relations, Globalization, and Markets
Political Geography:
United States and Europe

378. Some Comments Concerning the Advisory Opinion of the International Court of Justice on the Construction of a Wall in the Occupied Palestinian Territory: The Performance of the European Union

Author:
Camela Pérez Bernárdez
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Institute of European Studies
Abstract:
On December 8th, 2003, the United Nations General Assembly adopted a resolution to submit the question concerning the legality of Israel's construction of a wall in the Occupied Palestinian Territory to the International Court of Justice for an advisory opinion. The Court accepted, and thus entered into the Israeli-Palestinian conflict - one of the most far reaching, difficult, and delicate disputes that the international community has faced. The purpose of this paper is two-fold. First, it analyzes the most relevant issues in the Wall case related to jurisdiction and merits. Second, it considers the position of the European Union in terms of the Middle East conflict, and specifically, concerning this advisory opinion.
Topic:
International Relations and International Law
Political Geography:
Europe, Middle East, Israel, Palestine, and United Nations

379. Montenegro's Referendum

Publication Date:
10-2005
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Although there are some shoals still to be navigated, the narrow pro-independence victory in Montenegro's 21 May 2006 referendum should, on balance, increase rather than diminish stability in the western Balkans. It is in the interest of the European Union (EU), now that its previous policy of keeping Serbia and Montenegro together has run its course, to welcome the new state and speed its accession to international institutions. Podgorica still faces significant challenges associated with transition, but none should affect regional stability, and all can be resolved as the country moves forward with the Stabilisation and Association process towards EU membership. Given the positive international response to the referendum, Montenegro can aspire to becoming a “boring” country moving toward integration with Europe. But its opposition, and Belgrade, need to be persuaded not to renege on their commitments to the EU to accept the referendum result, lest this generate new uncertainties in the region as a Kosovo status decision approaches.
Topic:
Conflict Resolution, International Relations, and Peace Studies
Political Geography:
Europe, Caucasus, Kosovo, Serbia, and Balkans

380. The EU/AU Partnership in Darfur: Not Yet a Winning Combination

Publication Date:
10-2005
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The African Union's (AU) intervention in Sudan's Darfur region tests the effectiveness of its own peace and security structures and those of the European Union (EU). The AU has taken the lead both in the political negotiations between the government and the rebels and in deploying a peace-monitoring mission, the AU Mission in Sudan (AMIS). It has had to rely on outside support for AMIS, with nearly two thirds of its funding coming from the EU's African Peace Facility. The results are mixed. If Darfur is to have stability anytime soon, and the two organisations are to fulfil their ambitions to be major players in crisis prevention and crisis resolution, AMIS must get more troops and a more proactive, civilian-protection mandate, and the EU needs to find ways to go beyond the present limitations of the African Peace Facility in providing assistance.
Topic:
International Relations and Politics
Political Geography:
Africa, Europe, and Sudan