bluuebunny/crossref_metadata_2025 huggingface dataset:
A Voluntary Filing System for Secured Financing Transactions in the European Union
Authors: Vegter J.B. , Dolan J.F.
Published: April 2022

In this article the authors urge the adoption of a personal property security regime that rests on a system of voluntary submission by debtors to a filing system. Under the system, debtors seeking to secure borrowing with their personal property announce their election of the harmonized system in order to facilitate cross border asset based financing. The authors argue that the diverse nature of property law in Europe makes it impossible to adopt a required regime of a personal property law fully integrated into the property regimes of Member States. They propose as an alternative, the voluntary system, which would be supported by European Union legislation, but that legislation would not supersede municipal law and would apply only if borrowers elect to make themselves subject to it.
BGH Urteil vom 30 April 1996 VI ZR 55/95: Neurose und Schmerzensgeld
Authors: Karner Ernst , Fitger Peter , Klicka T.
Published: April 2022

The decision of the BGH was based on the following set of facts: As a result of a traffic accident in August 1983, the plaintiff, who was then 46 years old and worked as a telephone technical operator with the Bundespost, suffered serious injuries to the chest and throat. The plaintiff, who had already suffered injuries as a result of accidents in the years between 1965 and 1982 was almost completely unfit for work following the new accident. Stays in various different clinics brought no noticable improvement in his condition. In particular he suffered pains in the areas of the chest, abdomen and back. The plaintiff was adjudged unfit for work and pensioned off with effect from 1 November 1985. Claiming that he was still suffering from the consequences of the accident, and that his pensioning off was also attributable to the event, the plaintiff claimed, inter alia, damages for pain and suffering, which he considered should be assessed at at least 25,000DM. The Landgericht rejected the claim. The Oberlandesgericht awarded damages of 50,000DM. The defendant's appeal on a point of law to the BGH was unsuccessful. According to the BGH, a tortfeasor is in principle liable for the psychological damage that flows from his tortious act - even if it arises from the prior susceptibility of the injured party to that kind of damage, or a nervous disorder. The only circumstances in which liability will not be imposed is when the event that causes the harm is trivial and does not have a direct impact on the degree of damage suffered by the injured party. From a procedural point of view, no upper limit is imposed on the judge in his assessment of the damages considered appropriate under § 308 ZPO by the plaintiff's claim for a minimum amount or suggestion of an indicative figure.
Sharp v. Thomson, House of Lords (Lord Brown-Wilkinson, Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Steyn and Lord Clyde) 27 February 1997, [1997] SLT 636
Authors: Gretton George L. , Dacoronia Eugenia , Michaels Ralf
Published: April 2022

A company granted a floating charge over all its assets. The floating charge is a universal hypothec, introduced from English law in 1961. It covers both moveables and immoveables. A floating charge is not a real right at first, but becomes one when it crystallises. According to s. 462(1) of the Companies Act 1985 it is competent under the law of Scotland for an incorporated company to grant such a floating charge "over all or any part of the property … which may from time to time be comprised in its property and undertaking". After granting the floating charge, the company contracted to sell a flat to the defendants. This was followed by delivery of the deed of conveyance (the disposition). A final stage before transfer of real rights in the property is complete is registration of the conveyance. The floating charge crystallised, however, before this formality was completed. The question for the courts was therefore whether the floating charge attached to the flat on crystallisation.

At first instance and on appeal the Scots courts determined that the transfer of the real rights in the property to the Thomsons had not been perfected and that therefore the flat fell within the scope of the floating charge when it crystallised. In the House of Lords, however, a different solution was retained. The "beneficial interest" in the property was found to have been transferred to the purchasers on disposition. The reference to property which may be comprised in a company's "property and undertaking" in s. 462(1) of the Companies Act was interpreted as meaning property in which the company had a beneficial interest. The floating charge did not, therefore, attach to the flat.

By invoking the idea that there is scope for some intermediate legal category between personal and real rights, involving the transfer of the beneficial interest in property, the decision has traumatised a certain section of the Scottish legal community - ever resistant to invasions from over the border. Although Lord Clyde stressed that "the approach taken by the appellants in this case does not seek to innovate upon the established principles of Scottish land law or conveyancing", the distinction drawn between legal and beneficial ownership mirrors the English law concepts constantly used in the law of property to distinguish between legal and equitable rights - a distinction not used in Scots law.
Compensation for the Fear of Contracting Asbestos-Related Diseases - Critical Reflections on an Important US Supreme Court Decision and its Relevance for Europe
Authors: Stolker Carel , Levine David
Published: April 2022

As exposure to asbestos has been recognised as an important health problem, many potential victims of asbestos-related diseases have commenced law suits. This article concentrates on the question of compensation for any alleged mental distress, i.e., damage to the psyche. The question of whether to compensate for this type of damage has long been controversial in the law; claims for the fear of contracting asbestos-related diseases are no exception. The article discusses the patterns which emerge from cases from courts in many countries, in particular a fairly recent (July 1997) decision from the Supreme Court of the United States, which handles the issue in an overly harsh manner. The article concludes that European courts can handle the legal problems which will arise under traditional concepts of tort law. For the Netherlands there is some evidence that such a claim will be considered favourably. Despite the apparent novelty of these claims, there is no need for courts to develop artificial rules of liability to handle them.
The Choice of the Aggrieved Party - An Analysis of the Remedies in the Principles of the European Contract Law
Authors: Olsen Lena
Published: April 2022

The article analyses the Principles of European Contract Law from the creditor's standpoint - examining his choice of remedies in cases of non-performance by the debtor. Three considerations are highlighted:

1. The interests of the parties, and especially those of the creditor, for whom different remedies may be more or less important depending on the nature of the contract. These interests are largely satisfied by the Principles. There are a large number of limitations on the creditor's right to specific performance, but he is protected by the existence of that right, the fact that the burden of proof of factors limiting specific performance is placed on the debtor and the fact that he can also claim damages for losses which are not economic in character.

2. The circumstances in which the remedy is sought (in terms of the actions of the parties and the order and timing of those actions). The treatment by the Principles of these considerations is subjected to some criticism by the author because it is necessary to search through the various remedies to identify the relationship between the remedy and the behaviour of the parties. She accepts that complete clarity may be impossible to achieve, but the result is that the Principles are not always clear as to the range of remedies that are available in certain situations.

3. The type of obligation concerned and the type of breach that occurs are also relevant to the creditor's choice, and various remedies may need to be activated in specific ways. Again there are some grounds to criticise the Principles but the solutions found are generally to be welcomed.

The author concludes that on the whole the Commission on European Contract Law has performed a huge task and managed to create a system of remedies that is sympathetic to the parties' interests and effective. She hopes that the Principles will be called on by the EU when formulating new directives in the area of contract law.
BGH, Urteil vom 7. Mai 1996, BGH - Zur Erstattung von Mietwagenkosten nach einem Verkehrsunfall
Authors: Hammersschall Ute , de Temmermann Bart , Werro Franz
Published: April 2022

In this decision, the German Federal Supreme Court was once again concerned with the question of the extent to which car rental costs are to be reimbursed by the tortfeasor following a traffic accident, a question which has been frequently discussed in Germany in the last few years. The following set of facts, typical in practice, served as the starting point. The plaintiff's car, a BMW 316 i, was damaged in a car accident on 12 February 1993; in the circumstances it was undisputable that the first defendant and his liability insurer (who was also a defendant) were liable in full. Through the offices of the garage where the car was being repaired, the plaintiff rented a BMW 316 i at a daily rate of 330.- DM as of the afternoon of the accident. Since the expert appointed to assess the damage concluded that there would be considerable repair costs and that the time needed for the repairs would probably be in the region of 10-11 days, the plaintiff refrained from having the accident vehicle repaired, acquired a new car, and returned the rented car on 26 February 1993. Altogether the rental costs for the car amounted to 5, 926. 96 DM on the basis of a so-called 'accident replacement rate'.

In this type of case the decisive question with which practitioners have had to deal is whether a claim for the reimbursement of car rental costs in accordance with the so-called 'accident replacement rate' exists, or whether such a claim is limited to the 'normal rate' that would apply in non-accident related business: the latter commonly being considerably cheaper. The view of the Supreme Court was that a party who suffers loss in a traffic accident does not generally breach his duty to mitigate the damage if he rents a replacement car at a rate that is reasonable within the framework of the so-called 'accident replacement rate'. The expenditure that a sensible person, conscious of economic considerations, would make on finding himself in the position of the injured party must be seen as necessary expenditure within the meaning of § 249, second sentence of the Civil Code. In such circumstances, the injured party does not need to undertake some form of market research before renting a replacement car, in order to identify the cheapest offer. As long as the rate paid remains within the range of what is considered normal, the sums paid out by the injured party are to be reimbursed. Since those seeking car rental services who have suffered a car accident are only offered accident replacement rates by car rental firms, it follows that there will normally be a duty to reimburse the payment of accident replacement rates that are to be found within the range of what is usual.

The following comments examine the legal situation in Austria (Hammerschall), Belgium (De Temmerman) and Switzerland (Werro). In the process, further questions that arise out of the reimbursement of car rental costs in these countries are also discussed.
The Legal Doctrine Concerning the Introduction of the Euro as the Single European Currency
Authors: Inzitari Bruno
Published: April 2022

1. The economic and historical significance of the introduction of a single European currency, the emotional aspects involved in the substitution of national currencies: loving the mark. - 2. The overall picture as regards regulatory matters. - 3. The draft regulation proposed by the Council on 24 January 1997, in compliance with Art. 109 l., par. 4, third phase, of the Treaty. - 4. Currency and pecuniary obligations in European monetary unification. - 5. Conversion of the national currency into euro and vice versa during the transitional period excludes the applicability of the contract of currency exchange: subsequent gratuitousness of the conversion. - 6. The continuity of contracts during the transitional period of changing from national currencies to the euro.
Faillite internationale - Compétence - Effets d'une faillite prononcée à l'étranger - sûretés réelles - droit de préférence
Authors: Marquette Vanessa , Watté Nadine
Published: April 2022

After establishing the general legal framework for international bankruptcies, and then examining the competence of the forum state to open bankruptcy proceedings, and the effects recognised by the forum state in relation to a foreign bankruptcy, the present report tries to provide a brief overview of the fate reserved for security rights, whether rights in rem, created by statute (legal mortgage, privilege), or contractual, as well as rights of preference (right of retention, or compensation), in the context of an international bankruptcy under German, English, Belgian, Canadian, Greek, French, Italian, Japanese, Dutch, North American, Swedish and Yugoslavian law.
BGH, Urteil vom 12.12.1997, BGH JZ 1998, 685 m. Anm. Gursky - Zur Berücksichtigung von Aufwendungen des unrechtmäßigen Besitzers beim Nutzungsherausgabeanspruch nach §§ 988, 8
Authors: Christakakou-Fotiadi Kalliopi , Miguel González José M.
Published: April 2022

The decision of the German Federal Supreme Court was based on the following set of facts: The defendant, inter alia in 1991, made use of the plaintiff's land, without having any rights of occupation. A villa and stables had been built on the land. During the time of use, the defendant expended various sums of money on the property, of which no further details are given. In her claim, the plaintiff sought payment for the benefits the defendant had obtained from the use of the villa and stables in 1991. In his defence, the defendant claimed a set off, supplemented by a counterclaim, based on the expenditures he had made. The Landgericht dismissed the claim, but the Oberlandesgericht allowed an appeal. The further appeal in cassation led to the case being referred back to the appeal court. In giving its reasons, the Supreme Court stated that the defendant had no rights of occupation and therefore owed the plaintiff for the benefits of use asserted, in accordance with §§ 988, 818 of the German Civil Code. The duty to compensate was, however, limited in principle under § 818(3) of the Code to the benefits that overall still remained within his patrimony. In contrast to an opinion commonly expressed in academic writings - to the effect that the expenditure made by an occupier can only be be used as a defence to a claim based on § 988 of the Code if it concerns harvesting costs or expenditures within the meaning of §§ 994 ff of the Code - the Supreme Court took the view that expenditures made by the occupier in relation to the property in question could be taken into account to reduce the claim to compensation for use based on §988 of the Code independently of the question whether they were expenditures within the meaning of § 994 ff of the Code. If the occupier asserted that his enrichment had been cancelled out by expenditures, the decisive issue was whether those expenditures had a close connection with the benefits obtained from use of the property. This was in principle the case when the occupier had made expenditures on the property. In the following comments, the authors examine the problem from the point of view of Greek and Spanish law.
House of Lords, Banque Financière de la Cité v Parc (Battersea) Ltd. and others [1998] 1 All ER 737
Authors: Dacoronia Eugenia , Gomes Júlio , du Jardin Laurent , Demoulin Charles
Published: April 2022

Banque Financière de la Cite is a further contribution to the developing English law on restitution. In particular it examines the relationship between restitution and subrogation. The case had the following set of facts:

The claimant made an advance of DM30m to enable the defendant to repay part of a loan from another bank, secured by a first charge on the defendant's property. Under the terms of the advance it was not contemplated that the defendant would provide any security, but it was an express condition of the advance that other companies in the group to which the defendant belonged would not demand repayment of their loans until the claimant had been repaid. One such company (O) was, however, protected by a second charge over the property. The persons who negotiated the transaction had no authority to commit O to the express condition so it was not contractually bound.

The defendant became insolvent. If the claimant had no priority over O's second charge, it was unlikely to be repaid. The court had to decide whether, as against O, the claimant was entitled to be subrogated to the first charge to the extent that its money was used to repay the debt which it had secured. The claimant argued that if O was allowed to enforce its second charge, it would be unjustly enriched at the expense of the claimant.

The House of Lords considered that the appropriate questions to be asked when a restitutionary remedy was sought were: (i) whether the defendant would be enriched at the plaintiff's expense; (ii) whether such enrichment would be unjust; and (iii) whether there were nevertheless reasons of policy for denying a remedy. On the facts, in the absence of subrogation, O would be enriched at the claimant's expense and prima facie such enrichment would be unjust. Moreover, subrogation as against O, which was all that the claimant sought in the action, would not give it greater rights than it had bargained for; all that would happen would be that O would be prevented from being able to enrich itself to the extent that the claimant's money paid off the first charge.

The following case notes examine this set of facts from the points of view of Greek, Portuguese and Belgian law.
Helping Transition: The EU Police Mission in the Democratic Republic of Congo (EUPOL Kinshasa) in the Framework of EU Policies in the Great Lakes
Authors: Martinelli Marta
Published: April 2022

The trilogy of peace, security and development compounded by the imperative of good governance is a principle enunciated in various EU official documents and has also become an operational concept in the EU’s instruments for external action. With Security Sector Reform identified as a core element of the EU’s peacebuilding efforts, the EU’s police mission in the DRC represents a key example of external donors’ initiatives designed to help shape the transitional phase of countries moving to a more stable situation.

The challenges faced by ESDP missions on the ground are “only gradually becoming the subject of research-based evaluations” (see M. Merlingen and R. Ostrauskaite, ‘ESDP Police Missions: Meaning, Context and Operational Challenges’ (2005) 10 EFA Rev, pp. 215–235). This article builds on a conception of policing as one that goes beyond the provision of basic security to citizens to include the redesigning of social order through the transformation of police practices from non-liberal to best international practices. Thus it reviews the experience of EUPOL Kinshasa with two objectives in mind: 1) to provide insights into the process of consolidation of the EU’s crisis management expertise and capability with a view to assessing the coherency and effectiveness of its action and 2) to contribute to the discussion on how the EU’ approach to police reform contributes to the establishment of a different social order in the DRC.
The European Union and China: The Great Disillusion
Authors: Holslag Jonathan
Published: April 2022

This article evaluates the European policy towards China. First, it is demonstrated that a common European vision exists with regard to four issues: economic liberalisation, democracy and human rights, the position China has to take on the international scene, and its respect for the environment. Second, it elucidates Europe's conditional engagement policy, which is a strategy combining sticks and carrots in several dimensions: trade, the endowment of external legitimacy, diplomatic cooperation, etc. However, China is not living up to Europe's expectations. Moreover, competition is mounting.
The Referendum in Montenegro: The EU?s ?Postmodern Diplomacy?
Authors: Friis Karsten
Published: April 2022

This article analyses the referendum on independence in Montenegro 21 May 2006. It argues that the 2002 EU-brokered State Union of Serbia and Montenegro by 2006 had become a non-functional state and a source of discord which distracted attention from the urgently needed reform processes in both republics. Due to the deep splits in Montenegro over independence, a new EU engagement to help resolve the issue once and for all and in a stable and democratic way, was needed.

The pre-referendum negotiations succeeded due to skilful diplomacy and insistence on European values and principles in the legislative framework. As a result, the referendum proved that even the most contentious and sensitive issues can be resolved with democratic means in the Western Balkans.

The EU engagement in this case could be characterized as ?postmodern diplomacy?, because the engagement was aimed directly to an internal situation in another country; because the main asset provided was European legal and political principles; and because the EU included other international organizations (the CoE and OSCE) in the negotiations.
The EU for Brazil: A Partner Towards a ‘Fairer’ Globalization?
Authors: Poletti Arlo
Published: April 2022

Since the early 1990s, Brazil and the European Union have come to realize that their commercial, economic and political synergies offer vast opportunities for cooperation that are worthy of further exploration. This article aims to develop a better understanding of the role of the EU as both a political and economic actor by providing an outline of how the EU’s image is perceived in Brazil. Elaborating upon existing data and analyses at the levels of political elites, public opinion and the print media, the article argues that while the EU is regarded both as an opportunity and a challenge, the former perception is more structurally grounded in Brazil’s public discourse. In addition, the article suggests that some of the crucial elements of the academic and self-representation of the Union as an international actor have produced similar depictions within Brazil. However, in this particular country study, the social–solidaristic themes typical of the EU’s self-representation appear much less relevant in shaping the EU’s image than part of the literature on the EU’s ‘international identity’ suggests.
Reinforcing Ambivalence: The Interaction of Gulf States and the European Union
Authors: Baabood Abdullah
Published: April 2022

This paper explores the seeming paradox of Europe’s strategic dependence and minimal EU presence in the Gulf. The Strategic Partnership agreed in June 2004 has done little to advance any sense of coherence or purpose in relations with the Gulf states in the face of the continued belief of some of the larger Member States in the value of their bilateral relationships with particular Gulf states. The resulting ambiguity in European policy has been exacerbated by the ways in which Gulf states themselves have dealt with Europe, looking less to the Gulf Cooperation Council as the preferred interlocutor with the EU, than at maintaining older, bilateral political and military relationships with particular Member States. The assessment of the relationship is set against the economic and strategic role of the USA, and the raised tensions in the Gulf region since September 11 and the invasion of Iraq.
Rapprochement between the EU and the UN: History and Balance of Intersecting Political Cultures
Authors: Adriaenssens Philippe
Published: April 2022

Abstract. This article elucidates how the affiliation between the EU and the UN occurred historically and depicts a potential roadmap of how regional entities can affirm themselves in a globalized world. It endeavours to draw up a balance sheet of failed commitments and positive outcomes while pointing to how both organizations influenced the other’s political culture. This contribution takes a very empirical approach and draws on neo-functionalist and constructivist theories in order to demonstrate that the ever closer cooperation among the Europeans within the UN structure has triggered EU regional collaboration with the UN organization. The study argues that the frequent consultations in New York resulted in common EC/EU Presidency statements (section II) and a higher voting consensus (section III). Both multilateral organizations eventually forged various practices of collaboration (section IV) and established a permanent regional–global dialogue (section V). The conclusion calls the history of the convergence a process of cross-pollination and it develops the concept of ‘UNization’, in addition to the existing concept of ‘Europeanization’. The ever stronger partnership shows great promise in tackling contemporary challenges, on the condition that the EU does not fail to proceed with institutional updates.
Transformation or Accession? Reflecting on the EU’s Strategy Towards the Western Balkans
Authors: Tzifakis Nikolaos , Fakiolas Efstathios T.
Published: April 2022

This article reflects on the EU’s strategy towards the Western Balkans. It identifies the lack of a coherent and consistent strategy intended for stabilization and integration. In principle, the Western Balkan states’ road towards Europe is driven by the belief that regional stabilization and EU membership are mutually constitutive and reinforcing objectives. Progress in one is expected to lay the ground for advancements in the other. In practice, however, we claim the Union capitalizes on the prospect of accession to attain transformation. The problem is that it has so far failed to set out what is the ultimate aim and stake of its strategy. It appears both reluctant to concert its declarations with its intentions and unprepared and unable to implement its pronounced will. As a result, it finds much difficulty in relating means to achieve the ends in view, and this strips its current strategy of an important part of its value.
Do Ut Des? The Need for True Reciprocity in the European Neighbourhood Policy
Authors: Bobitski Nazar
Published: April 2022

The European Neighbourhood Policy (ENP) seeks to answer difficult questions of EU foreign policy after the Eastern enlargement: how to deal with the next ring of diverse EU neighbours bonded only by their proximity to the EU. The ENP attempts to do so through a methodology successfully tested during enlargement: political conditionality. In the case of enlargement, it is about a system of unilateral commitments of partner countries to EU political values in exchange for delayed EU benefits, in particular, a membership perspective. However, the ENP offers no membership perspective, but only access to EU instruments already available to partner countries. It is argued that this difference undermines ENP effectiveness. In a case study of EU–Ukraine relations in 2004–2007, this paper demonstrates that the mechanical transfer of political conditionality to the ENP without an EU membership perspective makes the methodology futile as it loses legitimacy in the eyes of the partner countries. At the same time, available ENP instruments cannot provide a reliable substitute as they favour vested EU interests and depend on cooperation with partner countries, and therefore do little to achieve ENP political objectives.
EU Regulatory Agencies in EU External Relations: Trapped in a Legal Minefield Between European and International Law
Authors: Ott Andrea
Published: April 2022

This article is devoted to new institutional actors in EU external relations. The number of EU regulatory agencies has increased over the years. By fulfilling important administrative tasks in the European Union, these agencies actively participate in international relations with third–country agencies or international organizations in such fields as aviation, food safety or border control. However, their actions have not only to be analysed against the backdrop of the internal implications for the Union’s institutional balance and the principles of democracy and transparency but also for their consequences on EU external relations law. This contribution aims to categorize these actions of EU regulatory agencies and highlight that their international relations move in a legal minefield between European and international law.
Actors and Mechanisms of EU Coordination at the UN
Authors: Degrand-Guillaud Anne
Published: April 2022

Abstract. This article – the first of two to be published consecutively in the Review – gives precise information about EU negotiations at the UN, articulated around five basic questions – why, where, who, what and how – about EU coordination. The European Union seeks to speak with ‘one voice’ in the United Nations context. The individual EU Member States which make up one seventh of the UN’s total membership could carry immense weight within the UN when they are fully coherent. How the EU manages to reach a common position is a kind of black box. EU statements are public, but the way Member States agree on them is kept hidden behind closed doors. EU coordination deserves to be better understood.
Commission Versus Council Secretariat: An Analysis of Bureaucratic Rivalry in European Foreign Policy
Authors: Dijkstra Hylke
Published: April 2022

Abstract. The European Commission and the EU Council Secretariat support the Member States in the conduct of European foreign policy, yet they have not always been able to get along. This article gives an overview of their inter-institutional relations across history, foreign policy instruments (declarations, crisis management joint actions and representation) and regions. The main argument is that the relationship between both institutions is generally cooperative, but that tensions do arise in a limited number of cases where the roles of the Commission and the Council Secretariat are unclear, perceived to overlap or in competition. In these instances, they have generally found a modus vivendi and their inter-institutional relations have subsequently improved. Such informal arrangements do not address, however, the underlying structural problems – that the Council Secretariat challenges the Commission’s political and informational role in the context of foreign policy. Differences between both institutions are therefore still regularly displayed. This continues to undermine EU consistency and its effectiveness in international relations.
To Be or Ought to Be: That is the Question of European Security
Authors: Sebesta Lorenza
Published: April 2022

Abstract. The present article examines the tenets of the present European security strategy, beginning with some considerations on the 2003 document ‘A secure Europe in a better world’. It then discusses the need for an ‘ought to be’, that is a sense of direction, for EU security policy and suggests some alternative visions on the ways to elaborate it. It then resort to a brief historical account of the evolution of Europe, once the arena of dramatic rivalries, into a peaceful international society and suggests some often forgotten explanatory elements, while putting under scrutiny the ‘common knowledge’ about how European security has been achieved, referring, for example, to the ambiguous role played by North Atlantic Treaty Organization (NATO) in this context. A short analysis of the present debate on the nature and objectives of the EU as an international actor in the security field follows. Academic visions and those of practitioners are analysed and confronted. Contrary to the appearances, some ideas emerging from the scholar debate and mirrored in EU documents on security are considered to be functional to the agenda of many practitioners, focused on answering the internal needs of their governments in terms of legitimation of their military forces and increase in public funding for military firms.
Characteristics of and Recommendations for EU Coordination at the UN
Authors: Degrand-Guillaud Anne
Published: April 2022

Abstract. This paper is the second article of a series of two papers focused on European Union (EU) coordination at the United Nations. It analyses characteristics of EU coordination through insider observations and suggests a set of recommendations for improving and simplifying some of the current ways of proceeding. This would be of particular interest for the future external action service of the EU, which will provide back up and support to the High Representative for the Union in Foreign Affairs. This new configuration should streamline and increase the impact and the coherence of the EU’s external action. The audience for this article is diplomats and professional negotiators at Member States and European level.
Trading-Off Gender Equality for Global Europe? The European Union and Free Trade Agreements
Authors: 1 Jacqui
Published: April 2022

Trade liberalization is generally assumed to be a gender-neutral process that increases overall prosperity and is best advanced when stripped of all social and institutional baggage. Yet trade frequently increases or exacerbates structural gender inequalities between women and men in household economies and in local and transnational labour markets. The European Union (EU) purports a different model of economic integration based on the harmonization of institutional, ostensibly ‘non-market’ rules and norms among Member States. This approach to economic integration opens a crucial political opportunity for gender-equal development advocates not seen in other multilateral trade organizations. Nascent EU institutional mechanisms could be strengthened to promote gender-sensitive trade policy and address gender inequalities resulting from free trade agreements (FTAs) with developing country partners. The ‘Global Europe’ competitiveness-oriented trade agenda, however, works against this potential for the EU’s internal model of economic integration with social standards to reshape globalization.
The Trade-Labour Linkage from the Eyes of the Developing Countries: A Euphemism for Protectionist Practices?
Authors: González Garibay Montserrat
Published: April 2022

This article assesses the perception of the European Union’s trade-labour linkage policy by the developing countries at the bilateral level. While the normative foci of the policy are on human rights, social justice and regulation, it is uncertain whether the developing countries view the linkage in those terms. Drawing on a constructivist theoretical background, the developing countries’ perceptions are assessed, taking into account the discussions that, at the multilateral level, have preceded the European Union’s incorporation of labour-oriented provisions to preferential trade agreements. These discussions, which mainly took place during the WTO Ministerial Meetings, featured a strong polarization between linkage advocates and detractors. The possibility that the discussion has spilled over from the multilateral into the bilateral field is explored by analyzing the positions of Brazil, Chile, India and South Africa towards the linkage in their bilateral relations with the European Union
State Building without a State: The EU’s Dilemma in Defining Its Relations with Kosovo
Authors: Koeth Wolfgang
Published: April 2022

Abstract. Since the end of the conflict in 1999, the EU has been engaged in the reconstruction and reshaping of post-war Kosovo with different intensities and in different configurations. More than EUR 2 billion of EU funds have been absorbed by the former Serbian province, and up to seven EU bodies have been working more or less independently from each other on the ground. Kosovo hosts the biggest Common Security and Defence Policy (CSDP) mission ever on its territory. Yet, the EU is lacking a strategic approach towards the self-declared state: whereas it has regarded the entity since 2003 as a potential candidate for enlargement and whereas the double-hatted EU/International Special Representative (EUSR/ISR) is helping Kosovo to affirm itself as an independent state by supervising its conditional independence, the EU ignores Kosovo’s statehood, which is already recognized by twenty-two of its members. This lack of strategy undermines the credibility of the Common Foreign and Security Policy (CFSP)/CSDP and of the EU in general.
Multilateral Leadership at the UN after the Lisbon Treaty
Authors: Laatikainen Katie Verlin
Published: April 2022

The Lisbon Treaty introduces major reforms to European Union (EU) foreign policy coordination, particularly at the United Nations (UN) in New York. These reforms coincide with efforts to take a more strategic approach to the EU’s role on the world stage and improve its leadership. This study uses Oran Young’s typology of leadership to identify ways in which the EU and its Member States might implement the reforms of the Lisbon Treaty into the UN context more strategically, focusing on the various leadership roles the EU might pursue in the UN’s multilateral diplomacy. As the EU seeks to improve its performance in bolstering effective multilateralism, it must define how it wants to lead at the UN, and weigh the difficulties of making the necessary changes to pursue a more strategic approach to multilateral leadership.
The 2009 Russian-Ukrainian Gas Dispute: Lessons for European Energy Crisis Management after Lisbon
Authors: Sterkx Steven , de Jong Sijbren
Published: April 2022

The dispute between Russia and Ukraine of January 2009 brought about the largest interruption in the supply of natural gas in the history of the European Union (EU). Given the significance of Russian gas to the EU, the 2009 crisis triggered a challenge that had to be resolved swiftly and adequately in cooperation with all parties concerned. Against the backdrop of the Union’s foreign policy leitmotiv of ‘effective multilateralism’, this article aims to critically assess the EU’s interventions and draw lessons for future energy crisis management. Furthermore, it analyses the implications of the entry into force of the Lisbon Treaty for EU external action in the field of energy crisis management.
Interrogating the European Union’s Democracy Promotion Agenda: Discursive Configurations of ‘Democracy’ from the Middle East
Authors: Pace Michelle
Published: April 2022

Following the electoral victory of Hamas in the Palestinian elections of January 2006, the international community reacted by suspending aid to the democratically elected Hamas government. Across Middle Eastern societies, this move and the events that followed since ushered in a complete loss of credibility in the discourse of external actors like the European Union (EU) and their declared quest for promoting democracy in the region. Are we witnessing the demise of the EU’s democracy promotion agenda given the perception from the Middle East (ME) in regard to its inconsistent discourse? This article aims to address how a critical engagement with the ways in which the EU constructs itself as a normative power, in its attempts at exporting its model of liberal democracy, might shed light on questions central to contemporary EU-ME relations. In particular, it surveys discursive configurations of ‘democracy’ in the ME. By way of conclusion, the article holds that the EU should reflect on these internal and diverse debates, which may in turn necessitate a reframing of its own discourse on democracy promotion in the ME: this process of reframing need not negate its principles.
Perverted Conditionality: The Stabilisation and Association Agreement between the European Union and Serbia
Authors: Stahl Bernhard
Published: April 2022

The accession strategy based on the conditionality principle has turned out to be the European Union (EU)'s most successful external governance tool. It provides the civilian power EU with the means to Europeanize the continent, that is, to project her identity beyond the borders, making acceding countries similar to herself. Yet, the South-East European (SEE) enlargement currently suffers from defections, fake compliance, and blockades. The case of Serbia is particularly interesting, since Serbia holds the key to providing peace and stability to the entire region. The research question therefore reads: To what extent has the EU's conditionality strategy been effective in the Serbian case? The theoretical argument is based on identity theory. In this perspective, the EU's (problematic) behaviour vis-à-vis Serbia stems from her uneasiness to come to terms with the 'near other' of the Western Balkans. Conversely, Serbia still struggles to find her place in Europe. In order to highlight this identity mismatch, the negotiations on the Stabilisation and Association Agreement (SAA) will be examined in detail. It will be demonstrated how the Kosovo question and the war criminals' affair overshadow Serbia's accession. The hypothesis is that the EU's conditionality strategy is overstrained since the EU pursues too many different goals and the EU's inconsistent rhetoric resonates badly in the Serbian discourse. As a consequence, the conditionality principle has degenerated to a policy of farce.
Promoting Embedded Democracy? Researching the Substance of EU Democracy Promotion
Authors: Wetzel Anne
Published: April 2022

This article introduces this special issue on the substance of EU democracy promotion. It explains the research question that is central to this special issue: What is the democratic substance that the EU furthers in third countries? First, we provide a review of the literature, arguing that existing studies have mainly focused on the impact and strategies of EU democracy promotion without sufficiently analysing the very substance it furthers in third countries and regions. While academic research has made a rough distinction between a broad and a limited notion of democracy promotion, scholars have not yet systematically and comparatively analysed this topic. Second, we develop a conceptual framework in order to 'map' the substance of EU democracy promotion. Starting from a liberal conception of democracy and based on an adaptation of the model of 'embedded democracy', different components, types and agendas of democracy promotion are identified. Third, we formulate a number of expectations on the substance of democracy advanced by the EU, focusing in particular on the distinction between a 'one-size-fits-all' and a differentiation scenario. This article ends with a summary of the different contributions to the special issue.
Democratic Conditionality in the Eastern Enlargement: Ambitious Window Dressing
Authors: De Ridder Eline
Published: April 2022

This article addresses the promotion of democracy in the enlargement process of the central and eastern European countries (CEECs). We start by outlining EU democracy promotion during accession, with a particular focus on political conditionality. In a subsequent part, we argue that the European Commission did not make a clear substantive distinction between the concepts of rule of law and democracy. In addition, various drawbacks are identified, which demonstrate the vagueness and inconsistencies that characterize the EU's application of democratic conditionality. A final part illustrates these points by focusing on the EU's democratic conditionality towards the Czech Republic and Slovakia. The conclusion reads that the EU did not have a well-defined view and approach to the promotion of democracy and the rule of law in the eastern enlargement.
The Ambiguities of Legalization and the EUs Strategy of Extraterritorial Border Control
Authors: Slominski Peter
Published: April 2022

Despite an increased level of legalization of Justice and Home Affairs (JHA), academic literature has paid little attention to the role of law in this field. By drawing on two different strands of the literature, namely 'politics of law' and the 'autopoietic theory of law', this paper addresses the question on how legalization has affected the practice of extra-territorial border control by the EU and its Member States. Empirically, the article focuses on border control performed by Frontex' joint operations and by individual Member States. We observe that legalization affects the approach of 'remote control' in two different and competing ways. On the one hand, it enhances the autonomy of national and supranational executives, whereas on the other hand, legalization, in all its hybrid manifestations, stimulates a transnational legal discourse that policy-makers can neither oppress nor ignore.
The Unintentional Development of the EUs Security Governance beyond Borders
Authors: Pawlak Patryk
Published: April 2022

New technologies for border control and surveillance are increasingly being applied in the field of justice and home affairs. The European Union (EU) has been particularly successful in promoting its approaches internationally despite the potentially negative impact of these technologies on civil liberties and fundamental freedoms. This article investigates why, despite a clear divergence between the EU's declarations and practice in balancing fundamental freedoms and security, the EU has faced little external criticism regarding its extraterritorial instruments. In the case of EU-US relations, the EU managed to optimize the outcome of the Passenger Name Record (PNR) negotiations by using the security-oriented US legislation as a pretext for advancing its own security-dominated agenda. At the same time, the EU managed to avoid criticism from the United States and international civil society regarding its flagship projects like the 'border package' or the creation of large-scale IT systems for collecting and processing personal information. In its relations with candidate countries, the EU has managed to escape criticism due to several factors: weak data protection institutions in those countries, different priorities set by the accession process, and rather weak civil society organizations (CSOs) dependent on EU funding. In the absence of external actors challenging the EU approach, recourse to the international judicial bodies is the last resort for taking action in this regard. This article argues that inconsistency and contradiction between the EU's various policy approaches has contributed to the unintentional development of an external governance model that maximizes the EU's position internationally.