bluuebunny/crossref_metadata_2025 huggingface dataset:
State Liability Under the EC Treaty Arising From Anti-Competitive State Measures
Authors: Thunström Malin , Carle Johan , Lindeborg Stefan Perván
Published: April 2022

Articles 81 and 82 of the EC Treaty were drawn up in order to regulate the market behaviour of undertakings. However, the Court of Justice has developed solid case law as regards the extent to which Member States can be held liable under Articles 3(g) and 10 in conjunction with Article 81 or 82 of the EC Treaty. The authors’ analysis of the EC case law emphasises the fact that the exact applicability of the liability of the State still appears difficult to define. Moreover, established case law does not substantially clarify the exact applicability of Articles 81 and 82 to undertakings when State liability is at hand. In the recent Arduino case, the Advocate General argued that private subjects should not fall within the scope of Article 81 if the anti-competitive effects of the agreement result only from the incorporation into national legislation. However, the Court of Justice did not rule on the propositions made by the Advocate General. The judgment in the Arduino case shows that the applicability of State liability under Articles 3(g) and 10 in conjunction with Articles 81 or 82 of the EC Treaty is still not clear and that it most likely will continue to be subject to scrutiny by the courts of law within the EU.
The Expanding Concept of Employment Discrimination in Europe: From Direct and Indirect Discrimination to Reasonable Accommodation Discrimination
Authors: Hendriks Aart
Published: April 2022

The failure to reasonably accommodate workers who face obstacles in the labour market, for example because of a disability, is increasingly perceived as an unacceptable form of employment discrimination. In response, the scope of various non-discrimination instruments has recently been extended to include a right to be accommodated. The aim of this article is to describe and examine the concept of reasonable accommodation, analyze how this concept relates to the broader notion of equality. We attempt to classify the concept of reasonable accommodation, referring to the existing dual non-discrimination framework. It is asserted that the right to be accommodated, though far from new, is potentially a powerful tool to assist individuals in overcoming barriers in the labour market. At the same time, individual accommodations leave unchallenged and unaffected underlying discriminatory policies and practices.
The New German Prostitution Act — An Important Step to a More Rational View of Prostitution as an Ordinary Profession in Accordance with European Community Law
Authors: Laskowski Silke Ruth
Published: April 2022

In January 2002, the new German Prostitution Act came into force. It aims to strengthen the rights of prostitutes with respect to their job in order to protect them from social and legal discrimination. This article deals with the new Act and its consequences for German civil law, labour law, and the law of social insurance. Furthermore, it compares the German Prostitution Act to the new Swedish Act, which allows selling but prohibits purchasing of sexual services. Both acts are based on totally different ideas. Finally, the article illustrates the legal opinion of the European Court of Justice concerning prostitution and concludes by arguing that the German law is in conformity with the EC Treaty and Article 15 of the EU Charter on Fundamental Rights.
Connecting Security Rights in Receivables — A Canadian Perspective on the Rome Convention
Authors: Krupski Jan A.
Published: April 2022

A regulation of the conflict of laws in receivables financing in Europe still remains incomplete. Unlike the uniform secured transactions statutes in Canadian provinces and the United States, the European Contracts Convention lacks a comprehensive evaluation of interests that would clarify the law applicable to competing creditors. Notwithstanding, courts do not seem prepared to reconsider whether the Convention could ever cover charges on claims. Instead of taking on a homogeneous interpretation they seem to neglect fundamentally diverging views on proprietary aspects of claims in the substantive law of Contracting States, and continue to uphold traditional national concepts. Consequently, the need for the enactment of harmonized and straightforward European law cannot be denied.
The Concept of Coherence in the Treaty on European Union and the Common Foreign and Security Policy
Authors: Tietje Christian
Published: April 2022

‘Law as integrity, then, requires a judge to test his interpretation of any part of the great network of political structures and decisions of his community by asking whether it could form part of a coherent theory justifying the network as a whole.’

(R. Dworkin, Law’s Empire, 1986, 245)
Judicial Review of UN Sanctions by the Court of First Instance
Authors: Lavranos Nikos
Published: April 2022

With its judgments in the Yusuf, Kadi and Ayad-cases, the CFI reaffirmed that UN Security Council Resolutions enjoy supremacy over all EC law and are therefore not reviewable – except if jus cogens is violated. However, as a sort of compensation the CFI has created on the basis of the Guidelines of the Sanctions Committee an obligation for the Member States to treat requests for delisting properly and expeditiously, while individuals derive a right from those Guidelines to request from the state a proper handling of the delisting request.

With its Bosphorus judgment, the ECrtHR certified this lack of judicial review before the European courts by refusing to review EC law unless the fundamental rights protection within the EC is ‘manifestly deficient’. Thus, there is no effective judicial review against UN sanctions before the ECJ/CFI and ECrtHR available. Consequently, national courts are required to fill up this lacuna by providing judicial review as a last resort. The German Constitutional Court illustrated with its European Arrest Warrant judgment that it is able and willing to take up this responsibility.
The European Union’s New Africa Strategy: Grounds for Cautious Optimism
Authors: Kingah Stephen
Published: April 2022

In December 2005 the Council of the European Union (EU) adopted a new strategy for Africa (the Strategy) proposed by the Commission in October 2005. In the document, the EU discusses many aspects relating to its ties with African countries. Past cooperation is reviewed and ongoing programs are assessed. What distinguishes the Strategy from previous EU policy statements on Africa is that the Union makes allusion a number of new elements. They include economic initiatives, political innovations, a new social blueprint, geographic coherence, strategic aspects and more money. While the elements are reminiscent of a forward-looking approach to future EU-Africa relations, certain challenges may need to be surmounted. The challenges mainly refer to the potential negative effects of policy incoherence. However, if implemented with a sense of purpose by both sides, the issues regarding policy incoherence could be appropriately addressed by specific mechanisms discussed in the Strategy. Such mechanisms include the Euro-African Business Forum and EU-African Human Rights Forum.
Normative Power Europe and the Problem of a Legitimacy Deficit: An Israeli Perspective
Authors: Harpaz Guy
Published: April 2022

European integration constitutes an ambitious attempt on the part of numerous nations to be integrated peacefully under a separate and superior legal order. Now the EU wishes to export its successful campaign to other parts of the world, promoting extraterritorial ?Europeanization?. The EU has acted in that regard as a civilian, normative power, relying on soft-power instruments. The achievements of the EU on this front have, however, been modest.

This article proposes to analyse this theme by focusing on the EU?s legitimacy deficit in the eyes of non-Europeans. An attempt is made to offer an analysis of this cause, presented through an Israeli prism. The negative Israeli narrative regarding the EU, exposed in this article, adversely affects the legitimacy of the EU in Israel, thereby making it very difficult for it to position itself as a normative power. The EU should therefore search for effective instruments that can improve its credibility and legitimacy in the eyes of Israelis.
China’s Views of Europe: A Maturing Partnership
Authors: Poletti Arlo , Shuangquan Zhang , Peruzzi Roberto
Published: April 2022

China–EU affairs have acquired a new quality and depth. The growing institutionalization of cooperation between the two bears are witness to this dynamism. These developments have been subject to growing attention from academic and research institutions. However, only a few studies have been carried out with the specific aim of providing an outline of how the EU is perceived in China. This article seeks to start filling this gap by offering an outline of how the EU is perceived by China’s press, political elites and civil society. The article argues that the dynamism with which China and the EU approach each other is a clear signal that both sides see each other as potential allies in a variety of contexts. The absence of hard security conflicts is an important facilitating factor of this process of convergence. However, the USA continues to play an important role in this context both as a stimulating and constraining factor. Therefore, it is appropriate to think of China and the EU as two actors experiencing a more mature relationship in a changed systemic environment.
Different Facets of a Strategic Partnership: How the EU is Viewed by Political and Business Elites, Civil Society and the Press in India
Authors: Fioramonti Lorenzo
Published: April 2022

This article presents the main findings of an empirical analysis of how Indian political and business elites, civil society and the press perceive the global role of the EU. This analysis is mainly based on a systematic review of newspaper articles available on the Lexis Nexis and Proquest databases from January 2005 to October 2006, as well as a number of official documents and publications. The analysis reveals that, in spite of the existence of a strategic partnership with India, the EU is a rather minor theme in the Indian social, political and cultural debate. When looking in detail at what issues are generally associated with the EU, this article argues that the Indian political elites’ discourse is rather focused on the rhetorical reference to the ‘common values’ shared by the India and the Europe, while business elites focus primarily on the financial opportunities provided by EU–India economic relations. On the other hand, civil society organizations highlight the negative effect of the EU’s trade and agricultural policies, while the press reports more broadly on the EU’s diplomatic missions and humanitarian assistance.
Altruism or Self-Interest? An Exploratory Study of the EU’s External Image in South Africa
Authors: Olivier Gerrit , Fioramonti Lorenzo
Published: April 2022

This article provides an exploratory analysis of how the European Union is perceived in South Africa by public opinion, political elites, civil society organizations and the mass media. The EU’s image in South Africa is rather distant, if not marginal: it is scarcely known to the South African public at large and vastly ignored by the country’s media. In terms of public opinion polls, the EU is one of the least known international institutions, despite being South Africa’s biggest donor of development aid and largest trading partner. In official government documents, the EU is portrayed as an opportunity for the African continent and a model of regional integration, while civil society organizations criticize the EU for imposing developmental policies that are detrimental to the developing world. In view of the substantial diplomatic and financial investment the EU has made in South Africa over the years, and because of South Africa’s leadership role in Southern Africa, the findings of this article are likely to provide important insights into the external image of the EU as a global developmental actor.
The European Union and International Order: European and Global Dimensions
Authors: Smith Michael
Published: April 2022

This article explores the ambiguous nature of the EU’s relationship to international order and places it within the framework of recent scholarship on the EU’s international relations and international roles. These ideas are explored and illustrated by reference to three levels of the EU’s engagement with international order: the ‘EU order’, the EU in the European order and the EU in the global order. The article argues that in respect of the first of these (the EU order), the stalling of EU reform symbolized by the rejection of the Constitutional treaty has raised major questions about the EU’s capacity to export its values and institutions and to mobilize resources for collective action. In respect of the second (the EU in the European order), the EU has internalized major parts of the broader European order, and this raises questions about its exercise of structural power within the European arena and the neighbourhood. In respect of the third (the EU in the global order), the EU is increasingly encountering the costs and risks associated with the conduct of a ‘real’ foreign policy, and this will constitute a key constraining element in its approach to problems of global order for the foreseeable future.
The Council Secretariat’s Role in the Common Foreign and Security Policy
Authors: Dijkstra Hylke
Published: April 2022

The Council Secretariat, under the leadership of Javier Solana, has become an indispensable actor in the context of the CFSP. This article gives a comprehensive overview of this institution’s development path since the beginning of European Political Cooperation (1970). It argues that with the entry into force of the Amsterdam Treaty and the parallel Cologne European Council (both 1999), the Secretariat received at once a political and a military dimension. This has been the basis for a significant expansion during the last decade. From a wider perspective it shows that the Council Secretariat fills the political absence of the European Commission in the field of the CFSP. The Council Secretariat is basically strong in areas where the Commission is weak. These inter–institutional dynamics are important with a view to the Lisbon Treaty, which will see a partial merger of the CFSP services in both institutions. Lastly this article argues on a theoretical level that while these developments are significant, the rationale behind the Council Secretariat is different from the role of the Commission in the first pillar and this limits its potential.
Permanent Structured Cooperation and the Future of the ESDP: Transformation and Integration
Authors: Biscop Sven
Published: April 2022

The low deployability of Europe’s armed forces is a well–known problem. The primary cause of this problematic state of affairs is the still almost exclusively national focus of defence planning, while capability gaps at the aggregate EU and NATO levels are being ignored. The question must be asked whether the existing mechanisms for capability development, in the ESDP as well as NATO, are sufficient to achieve the required transformation from static to expeditionary forces within a reasonable time frame. The only way to achieve the quantum leap that is necessary to realise defence transformation is through pooling, which, by reducing intra–European duplications, can produce much more deployable capabilities within the current combined defence budget. From that point of view, Permanent Structured Cooperation, the new mechanism for capability development to be established by the Lisbon Treaty, has great potential. If successful, it will require a rethinking of NATO defence planning and its relation with the ESDP, as well as the start of a broader strategic debate on a defence white paper for the EU.
The European Union: A Normative or Normal Power?
Authors: Wood Steve
Published: April 2022

A feature of the European Union’s self–definition is its adherence to and promotion of particular norms and values. These are integral to academic literature that has examined the EU as a ‘normative power’ in global affairs. Much of the relevant scholarship, along with EU statements and documentation, underestimates or overlooks that what the EU does not do, or does not succeed in, may be as significant as what it does do and does succeed in. A policy area where evidence to support that the EU’s motivations and influence are not primarily normative continues to accumulate is that of energy security. Energy represents a more serious test of the EU’s capacity and commitment as a normative power than asymmetric relationships in which it is by far the stronger party or when the issue does not threaten its vital interests. Energy needs expose the limited character of the EU’s exertion of normative power (capacity) and its political will to do so (commitment).
European Commission Delegations and EU Public Policy: Stakeholders’ Perceptions from the Asia-Pacific
Authors: Chaban Natalia , Kelly Serena , Bain Jessica
Published: April 2022

Abstract. This paper scrutinizes the role of the European Commission Delegations (ECDs) in their contribution to the EU’s public diplomacy efforts. With the ECDs’ personnel being posted to 136 countries and territories, delegations naturally play a vital role in the promotion of the EU. This role becomes all the more important in some third countries, where the delegation might be the only permanent representative of the EU or its Member States, and could be logically seen as ‘test labs’ for the European External Action Service proposed by the Lisbon Treaty. Drawing on 242 face-to-face stakeholders’ interviews conducted from 2003 until 2008 in ten Asia-Pacific locations, this paper attempts to identify third-party perspectives on how the ECDs could increase their effectiveness worldwide. It develops suggestions intended to maximize the ECDs’ public diplomacy impact in the Asia-Pacific region and, consequently, to reinforce an image of EU solidarity around the world.
Odd Couple or Dynamic Duo? The EU and Strategy in Times of Crisis
Authors: Biscop Sven
Published: April 2022

Abstract. When the European Council in December 2007 mandated Solana to examine the implementation of the 2003 ESS ‘with a view to proposing elements on how to improve the implementation and, as appropriate, elements to complement it’, great expectations were raised, proof perhaps of the importance attached to the ESS. The resulting Implementation Report of December 2008 provides a concise overview of implementation, confirms the analysis of the threats and challenges and the choice for a holistic and multilateral approach, and ends with a firm call to action. But it offers little in terms of concrete recommendations, and as such represents a missed opportunity as well as an ad hoc occasion, as no deadline for the next assessment of the ESS has been decided.
Stabilizing the Neighbourhood? The EU’s Contribution to SSR in Georgia
Authors: Pardo Sierra Oscar
Published: April 2022

Abstract. This article examines how the European Union (EU) has contributed to Security Sector Reform (SSR) in Georgia. SSR is a relatively new concept, which aims at creating a secure environment that is linked with democratic norms and institutions and which encompasses all the sectors and actors related to a state’s security and not only defence or intelligence forces. The European Security Strategy (ESS) identifies SSR as one of the main new possible missions of the EU’s foreign policy. Looking at the diverse EU programmes undertaken in Georgia and norms transference, the paper evaluates to what degree the EU has contributed to Georgian SSR, especially since the 2003 Rose Revolution. It is argued that in SSR the EU acts mainly as a ‘transmission belt’ of international norms and through bilateral ad hoc programmes. These results also show how the EU has increased its profile as a security provider, especially in the support of Georgian border management, and how the EU can become a security provider in areas of soft security such as judicial and law enforcement or police reform.
Greening the Neighbourhood? The Environmental Dimension of the ENP in Morocco and Ukraine
Authors: Costa Oriol , Buzogány Aron
Published: April 2022

Abstract. Five years after launching the European Neighbourhood Policy (ENP) two ideas seem to be undisputed about it: it aims to promote deeper and broader relationships between the EU and its neighbours. Nevertheless, these claims have not been tested empirically, especially when it comes to the broadness hypothesis. Thus, this article enquires about the extent to which the EU is promoting the adoption of rules by neighbourhood countries in allegedly new and less politicized issue areas. In order to address this question we look at the environmental dimension of the ENP, focusing on the cases of Morocco and Ukraine. We conceptualize the environmental dimension of the ENP and put forward an account that highlights the institutional logics of rule promotion under the ENP, as well as its double contingency on agents that are central for the implementation of the policies: bureaucratic structures and non-state actors.
Competing Visions for the European Union Grand Strategy
Authors: Vennesson Pascal
Published: April 2022

Abstract. What should be the grand strategy of the European Union (EU)? What are the main arguments about the EU’s role in the world that compete in public discourses in Europe? What are their sources and characteristics? The objective of this paper is to identify, clarify, and discuss critically four alternative grand strategies for the EU that can be termed Euro-neutralism, Superpower EU, Euro-Atlanticism, and Civilian power EU. These four grand strategic conceptions underline the policy debates regarding the EU security strategy as well as its implementation. First, I defi ne the notion of grand strategy and I explain its signifi cance for foreign policy making. Second, I uncover and discuss the four competing visions for the EU grand strategy.
When Even Machiavelli’s Prince Needs a Visa Migration, Euro-Mediterranean Relations and Intercultural Dialogue
Authors: Guild Elspeth
Published: April 2022

Abstract. In this article, I will look at EU visa policy as it affects Euro-Mediterranean relations. The claim of the EU institutions and Member States in respect of visa policy is that it is necessary to apply mandatory visa requirements on all nationals of some states in order to combat irregular immigration, organized crime, and terrorism. I will examine three different categories of nationals of states on the southern shore of the Mediterranean all of whom are caught by the EU visa requirements: (1) tourists – what chances do they really have of getting a visa to come to the EU? (2) Diplomats – how does the EU treat persons travelling on diplomatic, service, and special passports from the countries on the southern shores of the Mediterranean, when do they need visas to travel? (3) Academics – are visas used as a restriction for academics from the southern Mediterranean seeking to come to the EU? In examining the EU’s visa policy regarding these three categories of persons, we can draw some conclusions about how the EU’s assessment threats regarding irregular immigration, organized crime, and terrorism: (a) are consistent across the Member States in respect of countries in North Africa; (b) result in similar or different outcomes depending on the Member State to which an application is made; and (c) assist or complicate personto-person exchanges across the Mediterranean. Finally, I will conclude with an examination of the proposals for visas in the EU’s blueprint for the next five years of the Area of Freedom, Security, and Justice, the Stockholm Programme – and pose the question: will the proposals bring greater coherence to the field?
The European Union in Yemen: The Triumph of Pragmatism over Normativity?
Authors: Durac Vincent
Published: April 2022

While much has been written concerning the engagement of the European Union (EU) with North Africa and the Middle East, the case of Yemen has rarely been considered. This is in spite of the perception that a ‘perfect storm’ of authoritarian rule, internal conflict, resource depletion, and radical Islamism could result in the emergence of significant regional and international security threats from the country. This paper examines the role of the EU in Yemen in the context of a series of major socio-economic and political challenges facing the country and the absence of an effective state response. The paper argues for the existence of a pragmatic core to the policies and interventions of the EU, which belies its rhetorically normative stance.
Civilian, Normative, and Ethical Power Europe: Role Claims and EU Discourses
Authors: Nunes Isabel Ferreira
Published: April 2022

In the first part, the article reviews and discusses the debate about civilian, normative, and ethical power Europe concerning the international role claims identified in the literature. In the second part, it tests these claims against the European Union (EU or hereinafter ‘Union’) official discourse, regarding the European security dimension. The empirical work is conducted by analysing three main aspects: EU international actorness, the militarization of the Union, and the securitization of ‘new’ threats (terrorism, weapons of mass destruction, and violent conflicts). The article suggests that civilian, normative, and ethical powers are defining features of the EU security actorness mirroring the set of international roles performed by the Union. The international roles claimed in the literature, although being important features of the EU’s identity, are not articulated in the official discourse as separate dimensions of the EU actorness. Those roles are closely connected to the principles endorsed, to the consensus reached, and to the material means made available to the Union’s external action. The study acknowledges that these international roles are consistent with the development of new European security responsibilities, being utilized in the EU official discourse as instrumental frames that help to strengthen European identity and to justify actorness.
The Emergence of a Strategic Culture within the Common Security and Defence Policy
Authors: Biava Alessia
Published: April 2022

The present article argues that a strategic culture is rising at the moment within the Common Security and Defence Policy (CSDP) and provides empirical evidence of its emergence. This research thus applies an original and multilevel analytical framework to the CSDP, based on the operational level, related to the study of the European Union (EU) field interventions, on the top-down institutional level, focused on the analysis of institutional documents and CSDP exercises, and on the bottom-up institutional level, concentrated on the socialization process among the political actors involved in the CSDP in the framework of the Political and Security Committee, taken as a case study. The present article shows that elements of an emergent strategic culture within the CSDP can be found among those that are consistent to these three levels of analysis.

By using an innovative and structured research method backed up by empirical findings, this article aims at deepening the still restricted debate on the nature of the EU strategic culture.
Institutionalization or Intergovernmental Decision-Taking in Foreign Policy: The Implementation of the Lisbon Treaty
Authors: Morillas Pol
Published: April 2022

This article analyses the evolving nature of the foreign policy of the European Union (EU) as a consequence of the set-up of new structures such as the office of the High Representative/Vice-President (HR/VP) and the European External Action Service (EEAS). It argues that while decision-taking in Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) remains intergovernmental for the most part, the strengthened power of initiative granted to the new services has introduced critical changes in EU foreign policy-making. The first developments under the Lisbon Treaty hint a process of institutionalization by practice in EU foreign policy initiative, which relates to the personalities at the top of new EU structures, the changes of procedures in the elaboration of policy papers and meeting agendas, and the management of crisis situations. This process of institutionalization by practice, as well as the reaction of EU Member States to it, is examined particularly with regard to the working relations between the new foreign policy structures and the Political and Security Committee (PSC) of the EU.
EU-Ukraine Relations and the Eastern Partnership: Challenges, Progress and Potential
Authors: Costea Simion
Published: April 2022

The purpose of this article was to propose an analysis of the response to the European Union's (EU's) Eastern Partnership project with the main focus on how it has been received by the largest partner-country: Ukraine. The article draws on the experience of the author in the European Parliament and is based on Ukrainian, Russian, and EU sources. The article analyses the key issues in EU-Ukraine relations in 2009-2010, in the context of the European Neighbourhood Policy (ENP) and Eastern Partnership evolution, as well as the main challenges ahead.
Beyond A Trade Agenda: EUs Interregional Approach towards East Asia
Authors: Zhou Weifeng
Published: April 2022

Through the launching of ASEM, the EU sought to strengthen interregional cooperation and dialogue with East Asia on economic, political and cultural pillars. This paper aims to explore the driving forces of the EU's interregional approach towards East Asia and shed some light on the importance of ASEM in a European perspective. We argue that, firstly, EU seeks to enhance its interregional relation with emerging Asia in order to protect and advance Europe's commercial interests. European business has been given a privileged role to influence the ASEM process for ensuring market access to the dynamic Asian markets. Secondly, the EU seeks to set a normative agenda through the ASEM to promote the human rights and democracy in the Asian region. Exporting European values and norms to its Asian counterparts will not only strengthen Europe's profile as a normative power, but will also further expand its influence as a global actor. Thirdly, the EU tends to enhance its interregional relation with emerging Asia to foster a multipolar world order, countering unilateralism of Washington and future hegemonic power, and to maintain and establish an effective multilateral governance system.

'Europe can only play a leading role on the world stage if it is able to offer a robust political proposal for a more effective and democratic international architecture.'

-Romano Prodi
Building a European Diplomacy: Recruitment and Training to the EEAS
Authors: Davis Cross Mai’a K.
Published: April 2022

The recent advent of the European Union (EU) External Action Service (EEAS) represents a major step towards a new kind of diplomacy in the international arena. However, while the construction of such a large, supranational corps of diplomats is wholly unprecedented, the EU's successful track record in its own internal diplomacy contains many lessons for its future external diplomacy. If these lessons are implemented well, the EEAS will be coherent and effective, transforming the EU's foreign policy landscape and catapulting it onto the world stage. If not, this new institution risks becoming a weak bureaucratic experiment that could end up working at cross purposes with the diplomatic apparatus of the Member States already in place. Specifically, this article focuses on the recruitment and training of EU diplomats and the challenges of fostering a strong esprit de corps, sense of collective identity, as well as a high level of professionalism, expertise, and flexibility. The author uses constructivist theory and argues that this approach has much to offer policymakers when it comes to understanding the nature of norms as well as how and why they change.
The European External Action Service: Antidote against Incoherence?
Authors: Duke Simon
Published: April 2022

The literature on coherence in European Union (EU) external action often fails to consider coherence at the level of services. This contribution aims to complement the existing literature by considering coherence in EU external action in the post-Lisbon Treaty institutional setting, with a specific emphasis upon the role of the European External Action Service (EEAS) and its responsibilities in this context. The core argument is that a number of practical steps can be taken to enhance coherence in both its vertical and horizontal domains and that there is some urgency to this. Failure to do so will only lead to incoherence, not only at the level of services but also beyond.
A Force for Good Governance? The European Unions Normative Power and Standards of Appropriate Governing
Authors: Huelss Hendrik
Published: April 2022

The European Union (EU) is often characterized as ultimate normative international actor. Whereas the representations of the EU as alleged 'force for good' are well researched, there is a lack of investigations into the question on how the practice of a putative 'normative power Europe' is related to approaches of good governance. Despite the role of the latter notion in the EU's external relations and system of governance in general, we know little about the potentially diverse meaning of concepts of good governance on the global level. This article analyses the significance of good governance for international governmental organizations and the EU in a comparative perspective. It concludes that the EU is, in fact, promoting a unique approach of good governance that combines economic and political aspects. At the same time, the focus on functional-technical reforms risks to undermine the operationalization of the EU's political-normative power in the practice of external governing.
EU Counter-Terrorist Sanctions against Individuals: Problems and Perils
Authors: Eckes Christina
Published: April 2022

This article gives a comprehensive account of the shortcomings of the European Union's (EU's) policy of sanctioning terrorist suspects and makes tentative suggestions on how to resolve them. While much has been written on the case law of the EU courts on counter-terrorist sanctions, the actual practice of adopting these measures has attracted much less attention. Imposing sanction on individuals remains qualitatively and quantitatively the most important Common Foreign and Security Policy of the EU, and individuals continue to bring challenges against sanctions before the EU courts. At the same time, many issues surrounding the EU's sanctioning practice remain unresolved. This article addresses these issues. Individual sanctions are not only the cornerstone of EU counterterrorist policies but also an oddly harmonized form of EU criminal law. The EU institutions continue to adopt sanctions based on pre-Lisbon instruments, which fall outside the jurisdiction of the court. Uncertainty surrounds the choice of the correct legal basis under the Treaty on the Functioning of the European Union (TFEU).The composite adoption procedure of autonomous EU sanctions does not give those sanctioned the necessary opportunities to be heard. Finally, pre-emption sandwiches Member States between EU law and their obligations under the UN Charter.
Great Normative Power: The European and American Trade Approaches with Chile and Mexico
Authors: Janusch Holger , Behrens Maria
Published: April 2022

In Europe, a lively scientific debate has emerged about the role of norms in the European foreign policy. One aspect of this debate is norms related to human rights, labour rights and environmental standards in European trade policy. In this article, the normative dimension of EU's trade policy will be analysed in comparison with the US by using the concept of normative power. By classifying the trade approaches of the EU and the United States, we question the hypothesis of Europe's normative power and ask whether the EU is a unique normative actor in world politics.

In the second section, normative power will be defined in demarcation to concepts of great power, empire and hegemon. In the third section, this theoretical differentiation will be used for the empirical classification of the European and American trade approaches. First, the self-proclamation of the EU and the US related to human rights, labour standards and environmental standards in trade policy will be analysed. Then trade approaches of the EU and the US will be measured in accordance to their self-proclamation by analysing the trade policy in three dimensions: negotiations, agreements and implementation. The trade agreements of the EU and the US with Chile and Mexico serve here as case studies.
Justice and Home Affairs as a New Dimension of the European Security Concept
Authors: Longo Francesca
Published: April 2022

This article aims at investigating the role of the external dimension of Justice and Home Affairs (JHA) policy in the process of defining a new security concept in the European Union. This new security concept is based on the indivisibility of the domestic and external aspect of security and it is designing the notion of 'holistic security'.
The European Union and the Politics of Legitimization at the United Nations
Authors: Smith Karen E.
Published: April 2022

The European Union should be well-placed to exercise influence at the United Nations, as it is endowed with many material and ideational power resources that could enable it to win approval for its positions and proposals. Yet it encountered hostility when it sought enhanced observer status in the General Assembly and it has often been isolated at the Human Rights Council. The EU's failures to translate its putative power resources into influence in international affairs are often attributed to a lack of unity within the EU, but even when the EU is united at the UN, it may not win support. To help explain why, this article focuses on the UN as a locus of the international politics of legitimization, where UN Member States seek approval for their positions and policies, and base their appeals for support on competing principles and values.
European Cyber Security Policy within a Global Multistakeholder Structure
Authors: Porter Andrew L. , Bendiek Annegret
Published: April 2022

This article outlines the challenges facing the promotion of safety on the Internet, traces the institutional structures for European cyber security policy, identifies the key principles of organization, and compares roughly these European developments to US cyber security strategy, policy, and organizations. European cyber security policy is formulated and implemented in a multi-level and multistakeholder structure. Not only is there a separation between domestic and foreign policy, but also politically relevant divisions of competences and responsibilities for legislative and executive powers, as well as private and public spheres. As cyber security policy is a regulatory area that shapes the informational self-determination of citizens, any regulatory action - even every institutional development - must seek to achieve a balance between security and individual liberties.
The Programming of EUs External Assistance and Development Aid and the Fragile Balance of Power between EEAS and DG DEVCO
Authors: Tannous Isabelle
Published: April 2022

The Lisbon Treaty left the question of the future organization of the European Union's external assistance and development aid largely unanswered. It was only after its entry into force on 1 December 2009 and with the adaptation of the European External Action Service (EEAS) that a major organizational revision of the EU's foreign aid was set in motion. Development - and in its extension neighbourhood - is now the crucial area of work that straddles both the EEAS and the Commission. This article outlines the dispute over the division of labour of the programming and management cycle and the tools of European external assistance and development aid. The subsequent reorganization of powers between the EEAS, the new DG DEVCO and the up-graded EU Delegations is examined and the general impact of this rearrangement on the future paths of the EU's foreign policy is tackled. The focus lies on strategic planning and programming of EU's main external action instruments for the years 2014-2020: the European Development Fund (EDF), the Development Cooperation Instrument (DCI) and the new European Neighbourhood Instrument (ENI).
Coherence in EU External Relations: Concepts and Legal Rooting of an Ambiguous Term
Authors: Hertog Leonhard den , Stroß Simon
Published: April 2022

Coherence has become the buzzword in EU studies. However, what exactly is policy coherence and how is it advanced by EU law? This article attempts to bridge the political science and legal debate on this ambiguous term. First, it critically analyses notions on coherence and consistency to find common ground in the seemingly confusing academic debate. On this basis, this article subsequently enquires into the promotion of these different notions by EU law. The focus is on the EU's external relations; arguably the most salient area for policy coherence in EU governance. The article argues that the theoretical debate sometimes lacks cross-fertilization and that conceptual fuzziness persists. The conceptual groundwork allows for analysing how primary law, and especially its interpretation by the Court, advances consistency and coherence in different ways. Albeit also marked by underdeveloped conceptual clarity, the Court's case law shows that several duties in EU law reinforce consistency and coherence in EU external relations.
Towards an EU Peacebuilding Strategy: The Effects of the Lisbon Treaty on the Comprehensive Approach of the EU in the Area of Civilian Crisis Management
Authors: Mölling Christian , Major Claudia
Published: April 2022

While the EU has subscribed to the Comprehensive Approach (CA) on the rhetorical level, it struggles to effectively apply its unique toolbox and substantial resources, and that particularly in the area of peacebuilding. Hence, numerous actors call for an EU peacebuilding strategy to define and prioritize the Union's objectives and to improve the coordination and effectiveness of its instruments across the peacebuilding activities, i.e., civil and military capabilities, institutions and operations.This article shows that such a strategy is both necessary and doable. First, it defines the underlying concepts: strategy and peacebuilding. Second, it analyses the EU-settings in which peacebuilding concepts, instruments and resources are located and identifies factors that regularly spoil strategic coherence within EU peacebuilding. Third, by applying strategy analysis to the context of peacebuilding this paper develops a definition of a peacebuilding strategy and describes how such a strategy could improve the effectiveness of the EU's CA. It shows that successful strategies are based on strategic coherence: (a) strategies, able to deal with the existing diversity of concepts, institutions and resources, and (b) that strategic planning, capability development and implementation form a coherent process.
EU Special Representatives: An Intergovernmental Tool in the Post-Lisbon Foreign Policy System?
Authors: Tolksdorf Dominik
Published: April 2022

Following the Lisbon Treaty, various departments of the European Commission and the Council Secretariat merged into what became the European External Action Service (EEAS). In contrast, EU Special Representatives (EUSRs), that are appointed by the Foreign Affairs Council and engage in conflict resolution on behalf of the EU, have remained an 'intergovernmental' instrument. Although they act under the authority of the High Representative of the Union for Foreign Affairs, they are not funded from the EEAS' budget and not part of the formal hierarchy of the new service. Catherine Ashton's proposal in 2010 to remove the EUSRs and to integrate their tasks into the EEAS' activities was opposed by the EU foreign ministers. The paper looks at the EUSRs' role in the post-Lisbon foreign policy system and their relations with the relevant EU institutions. It argues that the Member States have an interest in retaining the EUSRs in order to ensure intergovernmental control over parts of EU foreign policy vis-à-vis the EEAS, the European Parliament and the European Commission. However, this must not necessarily undermine the activities of the EEAS and ultimately the coherence of the EU's external relations.
When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America
Authors: Margolis Justin
Published: April 2022

The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
Beyond Competition: Past, Present and Future on EU-China Science and Technology Collaboration
Authors: Chang Ching Chun , Li Albert C.T.
Published: April 2022

As the EU-China relations grow rapidly and comprehensively, their partnership in S&T has grown fast, too, both in terms of people mobility, collaboration in research projects, or active involvement in grand projects. Meanwhile, S&T has increasingly become one of the priority issues on the agenda of EU-China summits. In line with Sandholtz's theory on S&T cooperation, EU and China regarded S&T cooperation as a means of market and technology access, and an illustration of their strategic partnership against the backdrop of international geopolitical and economic mutual interests. However, with China's political and economic power rising, the Galileo case reveals the limitations of their partnership, and the hidden difference of their perception of S&T governance and cooperation. National security interests often prevail over other foreign policy objectives. If their S&T cooperation remains in linear innovation approach with the focus on R&D, their collaboration will be marginal, as relative gains would end their partnership once their complementarity faded away. We suggest that the employment of EU's non-linear innovation approach in EU-China S&T cooperation offers the two sides an opportunity to deepen their partnership in S&T. First, China, with its exponentially rising science budget and declining marginal production profits, needs to improve S&T governance, respond to societal challenges, and find alternative driving force of economic growth to sustain the social and political stability in China. By the same token, EU intends to place more emphasis on the S&T cooperation with China to regain economic momentum through heterogeneous and interaction-oriented innovation. Second, the EU's non-linear innovation approach can help China resolve its domestic problems through science development led by socio-economic breakthrough, and the EU can make contribution to governance in China and raise its profile there.