bluuebunny/crossref_metadata_2025 huggingface dataset:
Transposing “Pointillist” EC Guidelines into Systematic National Codes — Problems and Consequences
Authors: Roth Wulf-Henning
Published: April 2022

The fragmentary character of directives in the field of private law has led not only to unsystematic solutions on the level of Community law, but it also poses a threat to the legal orders of the Member States as far as basic notions of coherence and consistency are concerned. The national legislator may evade this problem by extending the transforming legislation beyond the scope of the respective directive. Where the directive pursues an unconvincing policy, an (unavoidable) inconsistency in the private law is likely to be accepted. Member States that follow the codification approach may be inclined to evade incoherent solutions within the code by transforming the directives into special statutes. Though there may be good reasons for such an approach, in the long run any legal system following the codification principle is bound to integrate Community-based law into its national code. This will lead to increased complexity. In the future, the Community should give up the piecemeal approach to harmonization, and rather strive for a consolidated civil code in the form of a restatement or recommendation.
European Directives on Civil Law The German Approach: Towards the Re-codification and New Foundation of Civil Law Principles
Authors: Möllers Thomas M. J.
Published: April 2022

The harmonisation of law by means of directives is increasingly assuming the role of creating a common market in Europe, principally by means of civil and business law. This paper will briefly trace this legislation. In addition, the Reformed German Law of Obligations Act of 2002 (Schuldrechtsmodernisierungsgesetz) is to be examined, which reintegrates private law statutes into the German Civil Code. Numerous conventional civil law principles will have to be rationalised anew.
Cour de cassation française 21 février 2001 — l'indifférence du caractère excusable de l'erreur
Authors: Vari Barbara , Beamonte José Ramón de Verda y , Henriques Paulo Videira
Published: April 2022

The decision made on February 21 2001 by the Cour de Cassation establishes the irrelevance of a non-excusable mistake committed by a party when it results from fraud on the part of the other contracting party.

The case at hand concerned a buyer who, after having purchased a building and business, claimed the nullity of the sale due to the seller's fraud. However, the Court of first instance had ruled against him as he, in his capacity as a professional, should have informed himself properly. Since he did not do so, his mistake is deemed non-excusable.

The Cour de Cassation then qualified this decision as follows. It held that, in general, fraudulent omission of facts, given that it has been well established, always makes the resulting mistake excusable. In other words, a mistake is only non-excusable, and thus cannot lead to the nullity of the contract, as long as it is spontaneous. It is, however, without influence, i.e. excusable, when it becomes neutralised by fraudulent behaviour of the other party. This is a general rule, which applies even in case of fraudulent non-disclosure by one of the parties, which relates to substantial facts for the conclusion of the contract.
How to Save the Doha Round: A European Perspective
Authors: van Dijck Pitou
Published: April 2022

This article analyzes the rapidly changing context in which the negotiations on the Doha Development Agenda of the World Trade Organization take place, takes stock of the achievements so far, and attempts to delineate the main bottlenecks and conditions for a successful result, with special attention for the role of the EU. The challenges facing the negotiators have been daunting throughout the round, which started in November 2001: the agenda is broad and ambitious, the membership has expanded to 150, developing countries with clearly diverse interests have created coalitions, and at this stage time is clearly running out. So far, the intensified pace of meetings in all sorts of coalitions and subgroups has not resulted in a breakthrough in what is referred to as the ‘triangle of make-or-break issues’: domestic support and market access in agriculture, and industrial tariffs. A fiasco would not only be a missed opportunity to contribute to the prospects of worldwide economic growth and development but would moreover jeopardize the prospects of the WTO as a multilateral institution capable of serving the interests of developing and developed countries alike.
The EU and Conflict in West Africa
Authors: Young Richard
Published: April 2022

The European Union has increasingly professed a priority commitment to conflict resolution policies, predicated upon a targeting of the ‘root causes’ of instability. The challenge posed by ‘failed’ or ‘failing’ states has become a well-established and prominent concern of the Common Foreign and Security Policy (CFSP). This article explores this question through an analysis of European approaches to conflict prevention and resolution in West Africa, namely Sierra Leone, where the UK has played a prominent role, and Ivory Coast, where France has been primary protagonist. The article addresses three questions. First, how have EU conflict resolution policies and instruments evolved, both generally and as they apply to West Africa? Second, what has been the relationship between UK and French national policies, on the one hand, and common EU-level strategy, on the other hand? Third, how have British approaches in Sierra Leone compared to French strategy in Ivory Coast? Based on this analysis, the conclusion argues that some of the core lessons learned in conflict resolution assessments still await incorporation into EU strategies.
The EU Response to the Tsunami and the Need for a Human Security Approach
Authors: Glasius Marlies
Published: April 2022

The European Union has in recent years become more ambitious in terms of its global role. Numerous missions – military, civilian and now also combined – have been and are being carried out under an EU flag. While the European Security Strategy has given the EU a point of departure for a common vision on security policy, the humanitarian and developmental aspects of EU foreign policy have remained somewhat separate from these developments, and many in the development community have viewed the EU’s new ambitions with some suspicion, considering them as ‘interventionist’ and privileging a security over a development agenda. The European response to the tsunami offers interesting new insights in relation to these developments. This paper focuses on the situations in Aceh and Sri Lanka, and concentrates on the policies towards the people affected by disasters rather than on environmental responses or prevention mechanisms. Using the four themes of response and coordination, the impact of the tsunami and the response on the conflicts in Sri Lanka and Aceh, the sustainability of post-tsunami policies, and the effects of the tsunami in terms of European public opinion, this paper argues that the EU should be less focused on building capabilities, and much more on developing a coherent common vision guiding all its external policies.
The EU’s Joint Actions on Anti-personnel Mines and Unexploded Ordnance: Finding a Security Policy Identity
Authors: Dover Robert
Published: April 2022

Through the empirical lens of the EU’s Joint Actions and policies on landmines and unexploded ordinance this article seeks to draw wider conclusions about the nature and focus of the EU’s Common Foreign and Security Policy and the EU’s security identity. This research suggests that the EU has found a niche soft-security role in international affairs that is driven by an agreed set of normative assumptions. Further, this article explores the structural position of the EU in relation to the Ottawa Treaty. It suggests that because the EU does not have a state-like identity in foreign and security policy spheres it is at the whim of member governments advancing narrow national interests. However, the evidence from this case study demonstrates that the EU does have the ability to be an effective security actor in its own right.
Complementarity and Rivalry in EU?China Economic Relations in the Twenty-First Century
Authors: Andreosso-O’Callaghan Bernadette
Published: April 2022

Economic dynamism in the People?s Republic of China over the past two decades, in contrast with sluggish growth in an enlarged European Union, makes the examination of contemporary and future EU?China economic relations all the more relevant. This examination is done by highlighting complementary and opposing forces between the two regions. It underlines the asymmetry in the trade relationship ? with a growing EU trade deficit ? and a declining share of EU foreign direct investment since the peak years in the late 1990s.

In terms of trade patterns, a certain degree of complementarity still exists between the two regions, with China relatively engaged in low-knowledge-intensive industries (such as office machinery and computers), although the move up the value chain is rapid. This still leaves scope for a manufacturing?services complementarity. Areas of possible rivalry include the perception, by the EU, of an ?unfair? Chinese competition, the opacity of the Chinese market, and allegations of dumping by Chinese firms, an issue related to its non-market economy status.

In the future, the fifth enlargement may lessen the complementarity (and therefore increase the level of competition), thus generating another challenge. Faced with these numerous challenges, a number of solutions are proffered, among which are multilateralism and cooperation on energy issues.
From Boundary to Borderland: Transforming the Meaning of Borders through the European Neighbourhood Policy
Authors: Comelli Michele , Tocci Nathalie , Greco Ettore
Published: April 2022

This article looks at the European Neighbourhood Policy as an attempt by the EU to transform its external borders from areas of demarcation and division to areas of exchange and interaction. It outlines five possible scenarios for the evolution of the EU, assessing their implications for the ENP and the reconceptualization of the Union’s borders. First, a paralysed and more internally fragmented Union if the current differences on both enlargement and constitutional reform prove insurmountable. Second, a larger yet unreformed Union resulting in institutional shortcomings. Third, a Union focused on its internal reform, with future enlargement plans would be slowed down or put on ice. Fourth, the introduction of limited reforms, although a far cry from those envisaged by the Constitutional Treaty. And fifth, a reformed and externally more dynamic Union with a quickly ratified Consitutional Treaty.
‘East is East, and West is West’: A Survey of EU Images in Japan’s Public Discourses
Authors: Chaban Natalia , Kauffmann Marco
Published: April 2022

The world’s leading economy, the EU, is emerging as an influential political power on the world stage. In particular, the EU’s steady and profitable trade relations with Asia are being balanced increasingly with the growing political involvement of the EU in Asia. In this context, the EU’s relations with the most powerful players in the Asian region (Japan specifically) is of a paramount interest to the political practitioners and scholars. This paper aims to provide a systematic account for the perceptions and images of the EU existing in Japan’s public discourses of news media, national policy- and decision-makers, the business community and civil society. The reputable Japanese news media are found to portray the EU using neutral-to-positive assessments depicting it as a similarly thinking international partner, an important economic counterpart and a model to be critically considered for replication. Yet, the study argues a split in perceptions of the EU between Japan’s political and business elites on the one hand, and the general public and civil society sector on the other, with the EU consistently ‘slipping off the radars’ of the latter.
Border Security in the Eastern Neighbourhood: Where Bio-politics and Geopolitics Meet
Authors: Gatev Ivaylo
Published: April 2022

Abstract. This article takes a close look at the Justice and Home Affairs-related activities conducted under the European Neighbourhood Policy in the Ukrainian–Russian borderland. It argues that European Union initiatives directed at the management of Ukraine?s eastern border with Russia are driven by two related strategic objectives: 1) to confer greater visibility on the social and economic transactions taking place in the Ukrainian–Russian borderland, and 2) to alter the border regime, and by implication the border politics, between Ukraine and Russia in order to make it more compatible with EU interests in the eastern neighbourhood. In this context, the growing informationalization of the border by means of databanks, liaison officers and the involvement of private/quasi-public agencies is discussed, as is the conveying of EU norms, standards and best practices through legislative and technical approximation. By considering the strategic implications of EU involvement in the policing of the Ukrainian–Russian borderland, the article entertains the possibility that the ‘immigration diplomacy’ practised by the EU in the eastern neighbourhood can be made to serve more traditional foreign policy ends.
EU Trade Policy and Non–Trade Issues: The Case of Agricultural Multifunctionality
Authors: Gössl Hans–Ulrich
Published: April 2022

Non–trade issues are gaining increasing importance in the EU’s trade policy. The case of agricultural multifunctionality is an example of the EU trade policy’s approach in dealing strategically and structurally with non–trade issues in international trade. In the context of the Doha Round, the concept has been of minor direct importance despite its prominent rhetorical promotion at the beginning of the negotiations. Indirectly, the concept has had a more significant impact on the negotiations as it allows the EU to maintain an overall high level of agricultural subventions due to its compliance with WTO rules of non–trade-distorting support. This indirect impact, however, weakens the EU’s negotiating position as it focuses the discussion on traditional agricultural support and puts the EU in a defensive position instead of allowing an offensive promotion of its concept of agricultural multifunctionality. It can furthermore be argued that the strategic use of multifunctionality in the Doha Round does not generally support the EU’s negotiation objectives due to divided competitive advantages on multifunctionality among WTO Members. One of the EU trade policy’s strategies in facing this situation can be found in a shift of agricultural non–trade concerns beyond the WTO framework towards a level of legally non–binding, private–market regulation. This shift can also be seen in the structural impact of agricultural multifunctionality on EU trade policy, illustrated by the semi–formal Civil Society Dialogue of DG Trade and the European Commission’s Corporate Social Responsibility initiatives.
Capabilities and Coherence? The Evolution of European Union Conflict Prevention
Authors: Stewart Emma J.
Published: April 2022

–Conflict prevention is now a key EU external relations objective, featuring prominently in EU documents and discourse. Yet how does this rhetorical success translate in terms of concrete policy and resources? This paper traces the evolution of EU conflict prevention policy from the early 1990s to 2006, highlighting some of the problems facing the EU in its development of the policy — in particular, the inherent institutional difficulties associated with the rise of a complex, cross–pillar policy objective. It concludes that EU conflict prevention is being militarized at the expense of the development of a comprehensive, longer–term policy designed to tackle the root causes of conflict. EU military priorities are also reflected in the organization’s external cooperation: short–term cooperation with the UN and NATO is favoured over longer–term cooperation with the OSCE. Security on the EU’s present and future borders requires more investment in development and civilian solutions, and less on military crisis response.
In Search of a Policy: EU and US Reactions to the Growing Chinese Presence in Africa
Authors: Magliveras Konstantinos , Huliaras Asteris
Published: April 2022

The recent inroads made by China in the African continent as a trading partner, investor and donor have been important both in terms of magnitude and pace. Even though for a number of African regimes it signifies increased bargaining power, the growing Chinese presence in Africa was greeted with skepticism or anxiety in the West. After an overview of the multifaceted Chinese presence in Africa and the stance taken by the USA, the article attempts to identify the reasons that could explain the rather belated, especially if its traditional ties with Africa are taken into account, EU response. It concludes by predicting a rapprochement between the EU and the USA over the ways to deal with various aspects of China’s increasing presence in Africa.
An EU–ASEAN FTA: The EU’s Failures as an International Actor
Authors: Robles Jr Alfredo C.
Published: April 2022

The relative speed and ease with which the EU and ASEAN reached an agreement in 2007 to initiate negotiations for a free trade agreement may create the impression that this constituted a success for the EU’s Asia strategy. In reality, the launching of negotiations represented a series of failures for the EU. By 2007, neither of the two conditions the EU had a few years before set for such negotiations (a convergence between EU and ASEAN regulations and the successful conclusion of WTO negotiations) had been fulfilled. Moreover, the EU was compelled to accept the ASEAN format for negotiations implying the participation of Myanmar, at a time when repression in Myanmar had intensified and the EU had renewed its sanctions against the latter.
EU Border Assistance Mission: Beyond Border Monitoring?
Authors: Tallis Benjamin , Kurowska Xymena
Published: April 2022

On 1 December 2005, the EU deployed its Border Assistance Mission to Moldova and Ukraine (EUBAM), an innovative concept merging border monitoring and capacity–building. The improvised launch of the mission reflected the urge to put it in place against all odds and despite the presence of many practical obstacles. The hectic beginnings of the mission similarly reflected the impromptu character of the enterprise. Yet at present EUBAM has come to be seen as a fully fledged success story and a showcase for the EU’s constructive engagement with its Eastern neighbours. The mission exceeded the expectations placed upon it at the time of the inception. To such an extent are the mission’s achievements taken for granted that it is no longer an eligible case for routine inventories of successful project implementation used as public relations material by the EU and EC: it is simply too obvious. This contribution seeks to trace and unpack this ‘path to glory’. It enquires into the pre–history of the mission and follows its ambiguous institutional background. Through analysis of the mission’s development so far it tries to map EUBAM’s role in, and impact on, the regional situation. Grasping the mission’s position and positioning, it also aims to put the project in context and pinpoint lessons, if not necessarily learned, then at least identified at this point. Some of them may question the received wisdom of EUBAM as immaculate in conception and implementation.
Imposing Sanctions: The Not So ‘Normative Power Europe’
Authors: Brummer Klaus
Published: April 2022

Abstract. This paper shows that the sanctions policy of the EU is characterized by three inconsistencies. They relate to the selection of countries against which sanctions are imposed, the triggers for autonomous European sanctions and the use of exemptions. Whereas no pattern can be discerned concerning the first two aspects, the misuse of exemptions for political reasons also adds to inconsistent European policies. This paper argues that although norms and values play a role in the EU’s sanctions policy, more often than not they are upstaged by security and economic interests. As none of the underlying reasons for the inconsistencies (e.g. predominance of national interests, diverging views on the viability of sanctions) will disappear anytime soon, the sanctions policy of the EU will continue to oscillate between interests, norms and values.
The European Union’s Democracy Promotion Approach in Central Asia: On the Right Track?
Authors: Warkotsch Alexander
Published: April 2022

Abstract. This article examines the adequacy of the EU’s tool kit and overall strategy for the promotion of democracy in Central Asia by drawing on two generic social mechanisms: strategic calculation and normative suasion. First, the analysis will show that several interrelated conditions, above all cultural idiosyncrasies, properties of interaction between socializees and socializing agents, as well as the nature of the political system, are not sufficiently allowed for by the EU’s policy approach, rendering bleak the prospects for moving the region towards a democratic trajectory. Second, building on identified problems in the EU’s socialization efforts, the paper presents policy recommendations on how to improve the EU’s democratizing impact.
Kennedy’s ‘Two Pillars’ Revisited: Does the ESDP Make the EU and the USA Equal Partners in NATO?
Authors: Larik Joris
Published: April 2022

Abstract. This essay takes President John F. Kennedy’s visionary ‘Declaration of Interdependence’ of 1962, in which he called for a concrete transatlantic partnership on equal footing as the benchmark to assess today’s relationship between the USA and the European Union in defence matters. The central question is: can the European Union with its emerging security and defence policy be seen as one of the two supporting pillars of NATO next to the USA? To this end, the general security strategies, the institutional frameworks and capabilities, as well as the defence industries of both sides are compared. The result is that, although the strategies and initiatives taken by the EU point towards a more equitable partnership, the current state of capabilities and defence industries make it impossible to conclude that NATO rests on two equal pillars. Nevertheless, in view of the history of European integration and in anticipation of the fresh impetus to be given by the Obama administration, the author closes by suggesting a less static image of the transatlantic partnership, namely that of an ever-changing, yet ever-closer partnership.
The EU and Russia as Energy Trading Partners: Friends or Foes?
Authors: Leal-Arcas Rafael
Published: April 2022

Abstract. This paper examines the potential of a trade partnership of the EC with Russia. In doing so, it emphasizes the interaction between politics and international economic law and policy from an empirical perspective. It argues that the EC’s objective of engaging with Russia on trade matters is to establish peace, security, and prosperity in the twenty-first century, and looks at Russia’s rise as an energy power, analysing its control of supplies and delivery systems and its investments in energy infrastructure across the EU, as well as questions about the potential of its production. The paper also examines the EU’s difficulties in forging a common policy on energy supply and recommends a strategy of both integration and diversification, arguing that the EU seek new sources of energy from non-Russian suppliers. The paper concludes with some recommendations on how the EU and Russia should move forward in the energy field.
Local Consular Cooperation: Administrating EU Internal Security Abroad
Authors: Mar Fernández Ana
Published: April 2022

Abstract. Since the beginning of the new millennium, local consular cooperation has become a priority on the European agenda. The new challenges in terms of security and public order, generated by phenomena such as the increase in migratory flows from outside the European Union (EU) or international terrorism, have upgraded the strategic role of consular cooperation as a means of reinforcing the integrated management of the EU’s external borders. This paper explores the institutional development of this external aspect of EU internal security. It examines the patterns of administrative cooperation resulting from both the institutionalization of channels of intergovernmental consular cooperation and the deployment of EU rules and procedures, and draws attention to the contested political visions that preside over this multimodal system of administrative governance.
Interest Aggregation, Political Parties, Labour Standards and Trade: Differences in the US and EU Approaches to the Inclusion of Labour Standards in International Trade Agreements
Authors: Martins Gistelinck Myriam , Kerremans Bart
Published: April 2022

The connection between labour standards and international trade has become a key issue in the relations between industrialized economies and developing countries. Both the US and the EU are advocates of the inclusion of ‘labour standards’ in trade agreements with developing countries, in multilateral, bilateral and unilateral contexts alike. As the prospects of establishing multilateral rules governing the relations between trade and labour within the framework of the World Trade Organization (WTO) have diminished, both trade blocs increasingly focus on bilateral forums to pursue their policy goals.

In this article, the objectives are twofold. First of all, we aim at describing the main points of difference between the EU’s and the US’s approach toward the inclusion of labour standards in bilateral trade agreements. In a second step, we will formulate a possible explanation for these differences based on a theoretical model that focuses on the aggregative role of political parties in the context of European and US policy-making on trade.
The Social Dimension of EU Trade Policies: Reflections from a Normative Power Perspective
Authors: Manners Ian
Published: April 2022

This article provides some brief reflections on the ideas raised in the special issue on the social dimension of EU trade policies from a normative power (NP) perspective. A NP perspective attempts to understand and judge the ideational aspects of the EU by studying the EU’s principles, actions and impact in world politics. The article first elaborates on the role of labour rights as human rights in the EU’s external action from a NP perspective. The article then uses the NP tripartite analytical framework to examine the principles, actions and impact of the social dimension in EU trade policies found in the contributions to this special issue. Next the article asks how the EU initiatives in this area could increase the legitimacy of the ‘trade and social linkage’ in international politics and economics from a NP perspective. Finally the article concludes by suggesting a more holistic approach to the promotion of the social dimension of globalization.
Europe’s Way to Energy Security: The Outer Dimension of Energy Security: From Power Politics to Energy Governance
Authors: Baumann Florian
Published: April 2022

Abstract. European integration with its common markets for coal and nuclear fuels and, nowadays, ambitions of a comprehensive energy policy makes Europe one of the most interesting regions with regard to energy security. However, not only the European Union (EU) but also the International Atomic Energy Agency (IAEA) and the North Atlantic Treaty Organization (NATO) are or will be relevant actors in the global struggle for affordable, sustainable, and sufficient supplies of energy. All three have developed more or less distinctive instruments to secure their members access to energy. Nevertheless, there are three problems that prohibit the Europeans from being important players in global energy politics. First, the EU Member States do not have sufficient indigenous reserves of energy and thus are dependent on foreign suppliers. Second, Europe and its partners lack, as of yet, a comprehensive strategy for dealing with the external aspects of energy politics, including supply security as well as the political and economic challenges of import dependency and energy cut-offs. Third, only if inner-EU coherence can be established – and later on, regional and global energy governance – will the problem of energy security be resolvable. Finally, a coherent, internal EU position will be necessary to establish regional and global energy governance – the key to stabilizing future energy relations.
The EU Common Foreign and Security Policy in the UN Security Council: Between Representation and Coordination
Authors: Marchesi Daniele
Published: April 2022

Abstract. In Europe, the discussion on the reform of the UN has run parallel to the institutionalization of the Common Foreign and Security Policy (CFSP). Since the Treaty of Maastricht, the CFSP began raising expectations about the possible role of the European Union (EU) in the UN, ranging from a common representation to a more effective coordination of the EU Member States on the Security Council. The purpose of this essay is to explore the link between the reform of the United Nations Security Council (UNSC) and the development of the CFSP of the EU. To what extent and how does the UN institutional structure have an impact on European integration in the fi eld of foreign and security policy? To answer this question, the essay follows the evolution of European representation and coordination on the Security Council until the entry into force of the Lisbon Treaty, by using insights from realism, historical, and sociological institutionalism. Finally, it looks at how future reforms of the UNSC would affect the CFSP. The essay argues that the UN reform debate has infl uenced the development of EU foreign policy at the UN. Opposing strategies as well as institutional and sociological logics all resulted in an ambiguous process of incremental institutionalization of internal coordination. A reform of the UNSC would open new institutional opportunities and paths for European integration in foreign policy, either strengthening the current trend towards a directoire or encouraging new patterns of information sharing, coordination, and representation.
EU-US Cooperation in the European Neighbourhood: Institutional Divergence and Normative Convergence
Authors: Tassinari Fabrizio
Published: April 2022

Abstract. With the partial exception of the Western Balkans, further expansion of the Euro-Atlantic community in the form of enlargement of the European Union (EU) and North Atlantic Treaty Organization (NATO) is not presently attainable for, or desired by, the countries lying beyond the eastern and south-eastern borders of the two organizations. This article argues that this state of affairs has resulted in a gaping institutional divergence about the wider European constellation as seen from the United States and its European partners – especially the EU as a foreign-policy actor. At the same time, this article makes the case that norm-driven arguments – understood as the values, rules, and standards being promoted in the European neighbourhood – continue to underpin discursive practices of, and prospects for, transatlantic convergence in this diverse region. The case study of NATO-EU crisis management coordination in the European neighbourhood illustrates this claim.
The European Union and the Middle East: Pragmatism, Post-normativity, and International Law
Authors: Khaliq Urfan
Published: April 2022

The aim of this article is to examine how the European Union (EU) seeks to broker peace in the Middle East, in particular the Israeli-Palestinian conflict, and tries to balance this with upholding respect for international law and human rights. The main arguments are that the Union’s approach to the legal issues must be seen in the context of more general geopolitical considerations and that in the Israeli-Palestinian conflict international law has been marginalized and the Union and its Member States have contributed to this. It is furthermore argued that the balance currently being struck by the Union between attempting to respect international law, on the one hand, and trying to achieve a sustainable solution to the Palestinian-Israeli conflict, on the other, needs to be reassessed so as to not only reflect more realistically events on the ground but also to allow the Union to (re)emerge as a credible actor promoting respect for international legal norms.
The EU in Its Own Eyes: The EUs Power in Its Self-Understanding
Authors: Tiilikainen Teija
Published: April 2022

The European Union's (EU's or hereinafter 'Union's') self-understanding has to be perceived as one of the most essential factors shaping the EU's role in world politics. This article focuses on how the EU perceives itself as an international power. The EU's self-understanding, which first outlined European unity as a force for change in the world, moved in the Cold War context in a more state-centric direction. The protection of European security and - gradually - the EU's own territory and citizens were seen as the primary goals of the EU's power. The idea of the EU as an owner of common rights, responsibilities, and interests emerged and has been efficiently used later on in the EU's policies.

With the historical enlargement, the big power identity was all the more emphasized. In the context of enlargement, the successes of European integration started to appear as a firm source of the Union's power. The EU sees itself as a large territorial actor, whose power emanates from its economic might, political unity, and a very special system of internal cooperation. The comprehensive framework of instruments is clearly viewed as the main asset of the EU's power.
Preoccupied with the Market: The EU as a Promoter of Shallow Democracy in the Mediterranean
Authors: Reynaert Vicky
Published: April 2022

This article investigates the substance of the European Union (EU)'s democracy promotion towards its southern neighbours within the framework of the Euro- Mediterranean Partnership (EMP)/the Union for the Mediterranean (UfM) and the European Neighbourhood Policy (ENP). Taking the distinction between core elements of democracy and supporting external conditions as a point of departure, this article concentrates on the latter and analyses the EU's view on the relation between the state, the market, and the civil society. This article finds that the main objective of the EU's policy towards its southern Mediterranean neighbours is economic liberalization and that the promotion of the civil society, the functioning of the state, and the core elements of democracy are oriented to the promotion of a market-based economy. Moreover, the EU's preoccupation with the market has affected the establishment of democracies in the southern Mediterranean region.
Advancing Democracy on Difficult Terrain: EU Democracy Promotion in Central Asia
Authors: Bossuyt Fabienne , Kubicek Paul
Published: April 2022

This article examines the substance of the EU's democracy promotion activities in Central Asia. Although agreeing with the literature that EU self-interest calculations have shaped aspects of the EU's democratization policy in Central Asia, this article argues that the importance of other explanatory factors needs to be highlighted - in particular, the importance of the 'domestic context'. In assuming that the substance of the EU's democracy promotion activities differs between regions and countries, the article asserts that the EU does so in accordance with the varying resonance in the respective target states. It hypothesizes that, ceteris paribus, the greater the targeted country's openness and commitment to political liberalization, the more the EU will aim to support externally embedded, that is, broad, liberal democracy. Conversely, the smaller the targeted country's openness and commitment to political liberalization, the less emphasis the EU will put on the core aspects of democracy and the more it will promote narrow or shallow democracy.

Using the embedded democracy framework, the article finds that the relatively varying resonance among the five countries corresponds - in some ways - to the substance promoted by the EU. While not providing a conclusive test of what matters most - that is, either strategic considerations or the advancement of democratic norms - the analysis ascertains that the EU is adjusting the substance of its democracy promotion in Central Asia with some eye to the particular context of each country. As such, the EU does more to promote 'broad' liberal democracy in Kyrgyzstan, the most open and politically liberal country in the region. In Kazakhstan and Tajikistan, the EU puts less emphasis on the core components of democracy but pays similar attention to the context conditions. In Uzbekistan, the EU tends to promote shallow democracy, as it focuses mostly on the context conditions of democracy. In Turkmenistan, the most repressive and authoritarian country in Central Asia, the EU is least assertive in pressing its democratization agenda, promoting, at best, only limited aspects of democracy.
ACP-EU Development Cooperation at a Crossroads? One Year after the Second Revision of the Cotonou Agreement
Authors: Bartelt Sandra
Published: April 2022

The article presents the second Revision of the African, Caribbean and Pacific (ACP)-European Union (EU) Partnership Agreement (Cotonou Agreement (CA)) and contains an outlook on the future of the relations between the EU and the ACP Group of States, taking also into account the restructuring of the EU's external relations under the Lisbon Treaty and the establishment of the new European External Action Service (EEAS). The second Revision of the CA was signed in June 2010.Ten years after the conclusion of the CA, its second revision sought to find a balance between the increasing trend towards differentiation within the ACP Group and the unity of the ACP Group of States. The EU side felt that developments in the regional dimension had to be addressed, such as the relations with the African Union as a key interlocutor for peace and security in the pan-African dimension and the conclusion of (interim) Economic Partnership Agreements (EPAs). Moreover, the 2010 Revision coincided with the entry into force of the Lisbon Treaty on 1 December 2009. The restructuring of the EU's external relations under the Lisbon Treaty and its impact on the relations between the EU and ACP also influenced the 2010 Revision, as the ACP were concerned about the loss of their special status under the new treaty regime. In addition, at the administrative level, the bilateral relations with the ACP countries will be dealt with by the EEAS and not by the former Commission's Directorate-General for development, which means a potential loss of exclusivity for the ACP Group.
The External Dimension of EU Justice and Home Affairs after the Lisbon Treaty: Analysing the Dynamics of Expansion and Diversification
Authors: Trauner Florian , Carrapiço Helena
Published: April 2022

The article introduces a research framework for analysing the external dimension of EU Justice and Home Affairs after the Lisbon Treaty. The dynamics of expansion and diversification, discernable for both the EU policy-making and the scholarly work dedicated to it, are at the centre of the article and constitute a common reference point for the present Special Issue. These dynamics have been triggered through deliberate decisions of involved policy-makers as well as through unintended spillover effects from other policy areas and/or decisions. The article also engages with the theoretically informed literature on the subject, which struggles with the definition of what this dimension actually constitutes, as well as how to best capture the practices of this field. We take stock of the scholarly debates by comparing the diverse approaches and discussing how much they complement each other and/or present different dimensions of a single 'policy universe'.
Energy Community and European Common Aviation Area: Two Tales of One Story
Authors: Charokopos Michael
Published: April 2022

The European Union (EU) conducts a multi-faceted policy in South-eastern Europe. Concentrating on two dimensions of the EU policy in the region, energy and aviation, the article considers the development of the two relevant regional initiatives, the Energy Community and the European Common Aviation Area. The first intends to create an integrated energy market in electricity and natural gas, by bringing together the twenty-seven EU Member States with nine partners from South-eastern Europe. The second is expected to create an integrated aviation market of thirty-six countries and five hundred million people, governed by the EU standards of aviation services' market, safety, security, Air Traffic Management and environment protection. While recognizing the existence of common features shared by the two initiatives, the analysis purports to identify the special characteristics of the two reform processes instigated by the EU, in order to highlight the existing differences and to shed light on the underlying explanatory factors. Emphasis is put on the relationship between the ideational foundation of the two reform processes and the material interests of the actors involved in them.
Legal Obstacles to Comprehensive EU External Security Action
Authors: Spernbauer Martina
Published: April 2022

Despite the unification of the EU legal order, the merger of external action objectives and the creation of hybrid coordination structures, the dichotomy between the CFSP and non-CFSP categories of EU external action has been maintained in the Lisbon Treaty. This article considers the legal implications of this dichotomy in the sphere of EU external security provision. It will be argued that the specificity of CFSP instruments, Member State preferences for a legal basis that provides them with veto power in decision-making procedures, the absence of judicial review from the realm of CFSP, and the two-way 'non-contamination clause' of Article 40 TEU effectively stand in the way of 'mixing' EU foreign policy measures in the field of external security action and thus hinder a comprehensive approach to conflict prevention, crisis management and peacebuilding. New inter-institutional clashes over the choice of the proper legal basis in EU external security action have already been brought before the ECJ. This article argues that, in view of the Lisbon Treaty's merger of EU foreign policy objectives and revised non-contamination clause, the objectives-based 'centre of gravity' approach developed by the Court in its jurisprudence will have to be recalibrated in order to reconcile the quest for the proper legal basis in one of the EU Treaties and the comprehensive approach to EU security provision.
An Uneasy Nexus: Development, Security and the EUs African Peace Facility
Authors: Carbone Maurizio
Published: April 2022

Since the beginning of the twenty-first century, the European Union has promoted, more explicitly than in earlier decades, the view that security and development policies are inextricably linked. Yet, trying to dismantle the walls erected around the two policy domains has proved very difficult. The launch and implementation of the African Peace Facility (APF), meant to support the African Union in the promotion of security in Africa, exemplifies some of these tensions. While existing analyses have emphasized the role of interests - in a sort of accidental convergence of the bureaucratic interest of the European Commission and those of the Member States - this article concentrates on the normative aspects of the initiative. In particular, the three principles underpinning it - promotion of ownership, solidarity, and a virtuous development-security nexus - make the APF different from any other EU security initiative. Whilst boosting the AU's clout in the field of peace and security and as an actor in the international arena, the implementation of the APF has nonetheless presented some problems. First, a larger number of resources have been devoted to the peace missions than to capacity building. Second, its alleged success has diverted attention from other important areas in EU-Africa relations. Finally, the EU's rhetoric on the Africanization of security, paradoxically, has risked undermining the legitimacy of the African Union in Africa.
Security-Development Nexus: Perspectives for the EUs Next Financial Framework
Authors: Overhaus Marco
Published: April 2022

Recent developments in the Sahel region, the Horn of Africa and Sudan/South Sudan have once more demonstrated the ongoing challenge of reconciling security and development policy objectives. More specifically, international aid in conflict states or regions has to meet three general criteria in order to be effective: flexibility, rapidity and reconciliation of short-term security with long-term development priorities. This article assesses the particular problems the European Union faces in bridging the security-development divide and how it has adapted its toolbox - based on the three criteria mentioned above.

Reforms undertaken in the course of the ending Multiannual Financial Framework (MFF 2007-2013) and those proposed by the European Commission for the next financial period from 2014 onward are mostly tackling the procedural and bureaucratic hurdles for EU aid in conflict states. They do not address the underlying political problems, however. It is unlikely that these problems will be solved by grand bargains and institutional design. Rather, confidence in the EU's foreign policy system to deal with conflict states - and to bridge short-term crisis management and long-term development cooperation - will have to be created over time through practical cooperation.
Reflections on the EEAS Review
Authors: Duke Simon
Published: April 2022

The EEAS Review leaves plenty of questions open, not the least of which are what it implies for organizational changes, modifications to legal texts, budgets and personnel. The review makes it clear that there are a number of reasonably straight forward adaptations that can be made within the Service. These 'quick wins' are necessary to help the EEAS move beyond its difficult birth and to boost morale. Those recommendations that require more extensive reform and adaptation have yet to be faced, but at least the review makes it clear that there are limits to what can be accomplished by internal reorganization. The review marks the end of transitional phase and it is now up to the EU institutions and the Member States to respond and, in so doing, to decide what kind of Service they want.