bluuebunny/crossref_metadata_2025 huggingface dataset:
The European Unions Gateways to the Arctic
Authors: Raspotnik Andreas , Keil Kathrin
Published: April 2022

The European Union (EU) is increasingly depicted as an actor with a growing interest towards the Arctic region. In order to shed light on the various possibilities for the EU's involvement in Arctic affairs, this article aims to have a close look at potential EU 'gateways' to the Arctic, subdivided into geographical-institutional and policy links, and their logical interaction. The former aspect looks at the historical, institutional, and legal links between the EU and the three Arctic actors Norway, Iceland, and Greenland. The latter examines concrete steps of cooperation between the EU and these countries in selected, Arctic-relevant policy areas. These include the challenges of environmental protection in general and climate change and sustainable development in particular, and the possibilities of benefitting from newly available Arctic resources such as oil and gas, shipping routes and fishing grounds.
EU Foreign Policy in Times of the Financial and Debt Crisis
Authors: Overhaus Marco , Kempin Ronja
Published: April 2022

Since the financial and debt crisis in the Eurozone has become acute in 2010, political and academic attention first and foremost focused on its consequences for the single currency area and for the internal European integration process. In fact, the crisis has not only been a strain on the European integration process but also a central challenge for the EU as an international actor. It led to an erosion of the financial and budgetary basis of foreign policy - even if more pronounced on the national than the European level. It also accelerated a trend towards the economization of political priorities resulting - among other things - in deepening conflicts among EU Member States. These developments have in turn eroded both the effectiveness and the soft power of EU foreign policy. In this difficult environment, reforms of EU foreign policy making are at the same time more urgent and harder to achieve than before the crisis.
The Eastern Partnership: Soft Power Strategy or Policy Failure?
Authors: Vilson Maili , Nielsen Kristian L.
Published: April 2022

When the EU launched the Eastern Partnership (EaP) in 2009, it did so with much rhetoric about projecting its soft power into Eastern Europe. Yet today, the EU's soft power project seems to have stalled, with developments in the region being less than favourable. This article argues that the EaP essentially replicated the main weaknesses of the European Neighbourhood Policy, by offering too little incentive and support to the partners, rendering both conditionality and soft power ineffective as tools for milieu shaping. In promoting the EaP as a policy of soft power, the EU has once again forgotten that soft power can never be separated from the 'harder' policies that would meet the expectations of those wishing to align with it. This failure of policy continues to largely negate the EU's actually considerable reservoir of potential soft power in Eastern Europe.
EU-China Education Diplomacy: An Effective Soft Power Strategy?
Authors: Hong Natalie Yan
Published: April 2022

This article is intended to focus on the educational aspect of the soft diplomacy between the EU and China, with emphasis on the case study of the Erasmus Mundus Scholarship Programme created by the European Commission that funds hundreds of Chinese students and scholars every year to study in Europe and its equivalent in China - the Chinese Government Scholarship (EU Window). After an overview of the EU-China educational exchange and cooperation, the second section will examine how the EU and China develop education diplomacy in a cooperating manner. The third section will be dedicated to two case studies: the EU's Erasmus Mundus Programme, with focus on the Masters and Doctorate Scholarships for China, and the Chinese Government Scholarship (EU Window). It will present and analyse the results of two surveys specially designed to evaluate the impacts of both programmes on their Chinese and European beneficiaries. The article will conclude with evaluation of the effectiveness of EU-China education diplomacy and discussions of the potential constraints.
Do Sanctions Strengthen the International Presence of the EU?
Authors: Blavoukos Spyros
Published: April 2022

In many cases, the European Union (EU) not only participates in the imposition of United Nations (UN) sanctions against states but actively sets the agenda and shapes their content, as a coercive means to bring a recalcitrant state into order especially when protracted negotiations fail to deliver. By default, this course of action constitutes an act of actorness, raising the international profile of the EU and signalling a significant presence in varying degrees in multilateral negotiations. However, some of these cases are also indications of limited effectiveness in the EU international interactions, revealing a considerable actorness-effectiveness gap. We account for this gap by reference to the bargaining power of the EU, identifying its key determinants that are related with the modality of EU engagement in multilateral diplomacy and revolve around the EU structural assets and institutional features as well as the bargaining environment. We use this analytical framework to account for the EU role in the negotiations over the Iranian nuclear program, questioning whether the imposition of sanctions do always indicate a strong EU international presence.
Patterns of Transnational Partisan Contestation of European Foreign Policy
Authors: Chryssogelos Angelos-Stylianos
Published: April 2022

This article explores the historical and societal roots of transnational partisan foreign and security policy preferences in Europe and assesses whether and how foreign and security policy is structured by the European party system today. It points to the existence of transnational dimensions in the contestation of European foreign policy that are consistent with the dominant axes of partisan competition on a European level (ideology and integration). The ideological dimension is mitigated by the small policy stretch between major party families in the core of the European party system. Even if it is a sign of the maturity of the European party system that it is able to structure in its core a still intergovernmental policy area, the nature of foreign policy as a prerogative of Member States and the adoption of Euroscepticism by parties located in the extremes of national party systems conspire to make the integration axis a more relevant dimension of contestation of European Union (EU) foreign policy. This means that the relevant patterns of contestation of EU foreign and security policy increasingly escape the existing range of rival views established by mainstream political forces.
Member States Resistance to the EU Operations Centre
Authors: Schnell Fiona
Published: April 2022

The decision to create European Operational Headquarters (Ops Centre) was taken by the Council in December 2004. EU Military Staff in Brussels were tasked to set up an Operations Centre that would be able to plan and run a specific operation, in particular where a joint civil/military response was required, and where no national HQ had previously been identified. In spite of an apparent willingness to address the lack of EU military capabilities and give the EU an autonomous capacity of action, the Member States seem to be rather hesitant with regards to the use of the Ops Centre. On March 2012, the Council finally decided to activate the Ops Centre for the first time in order to coordinate and increase synergies between the three CSDP missions in the Horn of Africa. The article looks at how the Member States have/have not implemented the decisions on the EU Ops Centre, and why they have/have not resisted the norm consisting of activating the Operations Centre. After having identified this norm, we study resistance attitudes from the part of the Member States, and then move on to analyse the four hypotheses set out in the introductory article.
EU3 Resistance to Norms in External Action: The Case of the (Future) Borders of Israel and Palestine
Authors: Plessix Caroline du
Published: April 2022

This article deals with the resistance of France, Germany and the United Kingdom (EU3) to comply with the EU norms regarding the (future) borders of Israel and Palestine. To do so, it focuses on two cases studies: the issue of Israel’s exports to the EU originating from the settlements, and EU companies operating in settlements in East Jerusalem. The EU3’s reactions differ when it comes to ensure the implementation of the EU soft law regarding the two state solution, and more particularly the issue of future borders. Yet, they all reflect the Member States’ resistance to directly enforce CFSP norms on this matter. In the case of a territorial dispute, the EU’s soft and hard laws are de facto intertwined through EU external action. As matter of fact, the rule of origin defined in EU free trade agreements with both Israel and the Palestinian Authority strongly relies on CFSP positions regarding their future borders. This article argues that conflicting objectives related to this issue between Member States and the EU and among national actors account for the EU3’s resistance attitudes. In other words, a certain form of cognitive distance – the fourth hypothesis of the introduction – between the content of EU norms and Member States’ objectives affects the implementation of CFSP norms. In this case, Germany’s reaction to the Brita case demonstrates its unwillingness to take direct responsibility for setting a precedent regarding the sensitive case of Israeli exports from the settlements, due to its special relationship with Israel. France’s cautious reaction is more particularly related to the latent conflict within its population about this issue. The United Kingdom’s preference for the labelling solution illustrates its liberal nature and its willingness to let British consumers assume the responsibility to decide, though this solution proves difficult to implement in fact. Yet, this article also shows that these resistance attitudes can also lead to the renegotiation of the means of implementation of CFSP norms on this matter, and potentially to their strengthening.
The CFSP and Other EU Policies: A Difference in Nature?
Authors: Eckes Christina
Published: April 2022

The Common Foreign and Security Policy (CFSP) forms part of European Union (EU) external relations but remains in many ways special. Rather than simplifying the Lisbon Treaty has raised a whole new set of issues regarding the relationship between the CFSP and the Union policies under the Treaty on the Functioning of the European Union (TFEU policies). This article examines the nature of the CFSP and its relationship with TFEU policies, drawing amongst others conclusions from the post-Lisbon case law concerning CFSP matters, such as the UN Sanctions case (C-130/10) and the Piracy Agreement case (C-658/11). It argues that the CFSP forms part of the Union acquis and enjoys primacy over national law. Most importantly, the article argues that the Lisbon Treaty has extended the Court’s jurisdiction over CFSP matters in several hidden ways. This is likely to trigger additional constitutionalization dynamics in the area of the CFSP and further approximate CFSP and TFEU policies.
From EUFOR to EUMAM: The European Union in the Central African Republic
Authors: Nováky Niklas I.M.
Published: April 2022

In April 2014, the European Union (EU) launched EUFOR RCA, a military bridging operation that provided temporary support to the United Nations (UN) in achieving a safe and secure environment in Bangui, the capital of the Central African Republic (CAR), until March 2015. After EUFOR’s mandate concluded, the union launched a follow up military advisory mission, EUMAM RCA, to improve the CAR armed forces’ capacities and solidify EUFOR’s achievements. However, the deployment processes of both EUFOR and EUMAM were characterized by a paradox: on the one hand, their planning processes were quick and effective; on the other hand, their force generation processes were prolonged and difficult. What explains this paradox? This article argues that, in the case of both missions, there was a mismatch between EU Member States’ desire to act and their willingness to invest resources in those actions, that is, an intentions-reality gap. Due to the CAR’s humanitarian emergency and France’s appeal for burden-sharing, a sense of ‘collective obligation’ drove EU Member States to approve the deployment of EUFOR and EUMAM politically. However, since most Member States had no direct interests at stake in the CAR, they felt no equal sense of obligation to contribute to these efforts.
Values in the European Unions Foreign Policy: An Analysis and Assessment of CFSP Declarations
Authors: Cardwell Paul James
Published: April 2022

Common Foreign and Security Policy (CFSP) Declarations have become one of the main ways in which the European Union (EU) makes its voice heard on the global stage. Declarations do not have a basis in the Treaty but are the product of close cooperation between the Member States. Their frequency has increased to the extent that they are a stable, regular and institutionalized feature of the CFSP. When placed in the context of the EU’s institutional foreign policy arrangements, Declarations can be understood as an integral part of the process of forging a common foreign policy for the EU and they should not merely be regarded as empty words. In particular, Declarations represent a significant delegation of authority to the High Representative for Foreign and Security Policy to speak for Europe. This article examines the scope and content of the CFSP Declarations issued over the period 2007–2015 by the Council and the High Representative of the Union for Foreign Affairs and Security Policy. By classifying Declarations according to type, ‘target’ and subject matter, the article suggests that Declarations have become a specific instrument in their own right and reflect a core set of values the EU has pursued via the CFSP.
Off the Bench but Not off Duty: The Judicial Diplomacy of the Court of Justice
Authors: Tatham Allan F.
Published: April 2022

The evolution of the EU diplomatic system has allowed for a broader understanding of the role of networks and different stakeholders in diplomacy. So far, scant attention has been paid to the pivotal position of the Court of Justice of the European Union (CJEU) in judicial diplomacy. The aim of this article is to chart the various strategies employed by the CJEU in conducting its diplomacy, with a particular focus on its relations with apex courts of regional economic communities and complex federal states. Taking a practice-based approach to the study of diplomatic actions, the article seeks to examine the networks created or enhanced by the CJEU; how different sites for diplomacy impact on the success of the Court’s extra-forum activities; and how the CJEU might use new technologies to build on those strategies to bolster its own role in the development of the EU diplomatic system.
Promoting Human Rights Through the EU External Action: An Empty Vessel for Sexual Minorities?
Authors: Danisi Carmelo
Published: April 2022

Sexual minorities’ rights are increasingly included in the EU internal as well as external agenda. While the EU normative framework and its internal developments seem to be dominated by the value of equality, doubts arise on the rationale underlying the EU external action. All institutions are indeed involved in this field. While the Commission is called to monitor issues relating to sexual orientation and gender identity in accession countries, the Council has issued specific Guidelines and the EU Parliament has in turn raised specific concerns in its dialogue with African partners. Although these attempts are welcomed for stressing the need to protect a ‘vulnerable’ group in countries where they have no guarantees, a ‘selective’ non-discrimination approach seems to emerge in most actions having an external dimension. This approach contradicts the EU internal developments and may eventually risk being ineffective and counterproductive for targeted people. Considering the international trend in human rights law towards the recognition of the full spectrum of human rights irrespective of one’s sexual orientation or gender identity, this article posits the need for a significant change in the EU external approach in this field.
The Invocation of the European Unions Mutual Assistance Clause: A Call for Enforced Solidarity
Authors: Nováky Niklas I.M.
Published: April 2022

After the 13 November 2015 terrorist attacks in Paris, France invoked Article 42(7) of the Treaty on European Union (TEU), the so-called mutual assistance clause, for the first time since the 2009 Lisbon Treaty introduced it. France wanted its European Union (EU) partners to assist it in fighting the so-called Islamic State of Iraq and Syria (ISIS) group, which was behind the attacks. However, France’s decision to invoke the article, which had previously been seen as merely symbolic with little actual relevance, is puzzling. The reason for this is that France could have also sought assistance through the North Atlantic Treaty Organization’s (NATO’s) much more robust Article 5 or the EU’s solidarity clause, which is specifically designed for responding to terrorist attacks. However, France chose Article 42(7) over the alternatives because it was more flexible and came with less political baggage. It also enabled France to demand that other Member States make additional contributions to its various foreign and security policy actions around the world to alleviate the burden they were placing on it. In other words, it allowed France to call for ‘enforced solidarity’, which went beyond what it could have demanded from its partners in less extraordinary circumstances.
Dynamics of Technical Progress Towards the EU Accession: New Rules, Vetoes and Power Asymmetries
Authors: Kusku-Sönmez Eda , Türkes-Kiliç Selin
Published: April 2022

The current accession countries experience an observable slowness in the pace of their European Union (EU) negotiations. This article aims to assess the impact of the EU’s changing enlargement strategy on this accession inertia. Our comparative analysis of the post-2004 negotiation experiences reveal that the variation in the technical accession progress can be explained by modalities of the new negotiation framework including the Copenhagen-plus pre-accession criteria, settlement of border conflicts, benchmarks and the increased focus on the rule of law chapters, which all together provided a new opportunity structure to those veto players seeking to suspend the accession of the current candidates.
EU Strategy in Libya: Discourses vs Actions
Authors: Ekiz Seyma
Published: April 2022

This research article analyses some of the determinants of EU’s promotion of values and interests in Libya through the lens of neoclassical realism. The aim is to see if speeches match actions during the Arab Spring (2011–2014). Despite the normative positioning of the EU and Member State leaders in their discourses the apparent overlapping of Member States’ domestic rationales and EU’s prioritizing of security and business rather than values like human rights and democracy make EU’s relations with the southern neighbourhood complicated. Therefore it is important to understand how EU leaders perceive and assess their interests (both normative and rational interests) and what policies they have implemented in return taking also into account the consistent cooperation and conflicts within the Member States.
The Case Western Sahara Campaign UK and the International and Institutional Coherence of European Union External Action. Opening Pandoras Box?
Authors: Mensi Andrea
Published: April 2022

The article explores the recent Case Western Sahara Campaign UK and the consequencesarising from the Court’s findings on European external action and trade policies. The Case represents a landmark decision on the relationship between the European Union and principles of customary international law. In assuming that the territory of Western Sahara is not part of the Kingdom of Morocco, the Court reaffirms its role in interpreting whether international agreements concluded by the Union are compatible with the Treaties and the rules of public international law. What makes the Court’s decision particularly interesting is that the Case concerns a controversial international law principle, such as the right to self-determination. This opens many questions on the future approach of the external action with self-determination claims in European Union trading partners. The article comes to the conclusion that the Case shows an evident lack of coherence of European external action, both in its international and institutional dimensions.
After Brexit: The Certainty and Uncertainty of China-EU Relations in Academic Discourse
Authors: Yang Yifan
Published: April 2022

This article examines the Chinese scholars’ perceptions of China-European Union (EU) relations in the context of Brexit, with a focus on the future of European integration, the economic and political challenges of post-Brexit China-EU relations at both unit and global levels and China’s policy choices towards the EU. In line with the views of their Western peers, this article finds that Chinese scholars hold an optimistic attitude towards a post-Brexit EU and China-EU relations in general, though they believe that Chinese policymakers must consider Chinese foreign policy dealing with a more conservative EU after Brexit. Based on the analysis, it can be concluded that China calls for a multipolar world with its close cooperation with a post- Brexit EU.

Certainty and uncertainty, China-EU relations, Brexit, Academic Discourse
The Role of the EU HR in the Launch of the CSDP Operation Sophia: An Agenda-Setting Perspective
Authors: Biava Alessia
Published: April 2022

This article analyses why the proposal of launching Common Security and Defence Policy (CSDP) operation Sophia to fight against human trafficking and avoid further drowning in the Mediterranean Sea was adopted soon after the tragic event of the 19 April 2015 – when more than 700 people died in the sea in one night – and not before. Using an agenda-setting perspective, we argue that a key explanatory factor is the institutional turnover that took place at EU level in November 2014, especially the appointment of Mogherini as EU HR. This article applies the Multiple Streams Framework of Kingdon to analyse the factors that allow an issue to be put high on the agenda and proves the relevant impact of the appointment of Mogherini as EU HR on the decision to launch Sophia. It also uses the framework developed by Princen to identify strategies used by political actors for putting an issue on the EU agenda and shows that Mogherini successfully performed the strategy of ‘claiming authority’ for EU action.

This article sheds lights on the impact of the concern, political background and strong commitment of the EU HR in agenda-setting dynamics at EU level.

EU foreign and security policy, illegal migration, agenda-setting, High Representative of the Union for Foreign Affairs and Security Policy, Eunavfor Med Operation Sophia
Inversely Correlated? Comparing EU-27 and Chinese Exports to South Africa, 2007-2018
Authors: Ndzendze Bhaso
Published: April 2022

Against the background of literature that assumes mutual exclusivity of European and Chinese access to African markets, this article conducted an assessment of European and Chinese exports to South Africa over the 2007–2018 period. Findings indicate that Chinese exports to South Africa have not supplanted total EU exports to South Africa, unlike the case with the country’s other previous leading trade partners; however, in this timeframe, China’s rate of growth has outgrown that of Europe, and some products which were principally sourced from the EU were subsequently exported more by the People’s Republic of China (PRC), indicating that if the present trajectory continues, China will replace Europe as the principal export partner of South Africa within little over a decade. The onset of Brexit, with the UK being a key trade partner for South Africa within the EU, will expedite this trend by diminishing the gap between EU and PRC exports to South Africa.

EU–South Africa relations, China–South Africa relations, EU–China relations, Trade
The Lonely Strategist: Who but the High Representative and the EEAS Cares About the EU Global Strategy?
Authors: Biscop Sven
Published: April 2022

EU Member States have agreed on a grand strategy, the 2016 Global Strategy (EUGS). However, the Foreign Affairs Council (FAC), where Member States define the EU’s foreign, security and defence policies, has failed to fully implement it. In fact, neither the Member States nor the European Commission feel ownership of the EUGS. However, the need to leverage the internal competences of the Commission in order to maintain the EU’s position in the competition between the great powers, may forge more grand strategic unity. Nevertheless, introducing majority decision-making remains imperative – but unlikely. What the EU could and ought to do immediately, however, is to introduce a regular strategic review.

Strategy, CFSP, CSDP, High Representative, EEAS
The European External Action Service and EU Climate Diplomacy: Coordinator and Supporter in Brussels and Beyond
Authors: Biedenkopf Katja , Petri Franziska
Published: April 2022

This article assesses the European External Action Service’s (EEAS’s) role in the evolution of EU climate diplomacy over the past decade and considers its future agenda. We distinguish between the EEAS headquarters and the EU Delegations/Offices in third countries. The EEAS headquarters has found a role as coordinator among the Council and Commission services as well as between ‘Brussels’ and the EU Delegations. What is more, the EU Delegations have engaged in various climate diplomacy activities and coordinate among Member State embassies. Despite its reliance on only a few staff members specialized in climate issues – both at the headquarters and Delegation level – the EEAS contributes to EU climate diplomacy formulation and implementation by providing a centralized venue for coherent geographic and thematic messaging and action.

European External Action Service, EEAS, climate diplomacy, EU Delegations
Translating the Peace Ambition into Practice: The Role of the European External Action Service in EU Peace Mediation
Authors: Herrberg Antje
Published: April 2022

Peace mediation constitutes a major and natural part of European foreign policy. From the perspective of the European External Action Service (EEAS), this article outlines the foundations of EU peace mediation, the development and genesis of its practice, and contrasts four examples: Belgrade-Pristina, Iran, Georgia and Yemen. Multitrack mediation and its integrated approach provide the specific value added of EU peace mediation. The future challenges in international conflict resolution are now addressed in a new EU concept for Peace Mediation with specific guidelines which point to the need for greater professionalization and a recognition of the EU’s role in this field.

EEAS, Peace mediation, EU competence, Early warning system, Conflict prevention, Belgrade-Pristina, Iran, Georgia, Yemen, NGOS
Differentiated Defence Integration Under French Leadership
Authors: Rieker Pernille
Published: April 2022

Studies dealing with EU security and defence policy tend to focus exclusively on what is formally included in the Union’s Common Security and Defence Policy (CSDP). Other initiatives taken outside this framework are frequently seen potentially undermining the development of EU defence – even when the intention is to strengthen defence capacity. This has been the case with the various initiatives taken within or closely linked to the North Atlantic Treaty Organization (NATO), as well as the recent French approach involving the European Intervention Initiative (EI2). An alternative perspective is to see these as integrated parts of a more flexible and differentiated European security framework where all these initiatives combined contribute to strengthening European defence capacity. Building on the argument presented in the introduction to this Special Issue, this article argues that France, as a leader in promoting ‘l’Europe de la défense’, has been instrumental in promoting this differentiated approach to European defence integration, especially under the Macron presidency. (This article is an output of a research project entitled ‘Balancing between integration and autonomy. Understanding the drivers and mechanisms of the EU’s foreign, security and defence policy’ (EUFLEX), funded by the Research Council of Norway (project number 287131) for the period 2018-21.

France, differentiated integration, CSDP, European intervention initiative, security and defence
Defending the State: Nationalism, Geopolitics and Differentiated Integration in Visegrád Four Security Policy
Authors: Sitter Nick
Published: April 2022

During the second half of the 2010s the governments of Poland and Hungary took a sharp turn away from liberal democracy and the rule of law. As they slipped down the international democracy rankings, the European Union initiated its procedures under Article 7 to investigate possible breaches of its fundamental laws and values. However, the two governments sought to distinguish between their conflict with the European Commission over the rule of law on one hand and their commitment to collective security on the other. The central question in this article is whether they managed to do this, and to what extent democratic backsliding poses security challenges for the EU by weakening its actorness in the field of security, defence and foreign policy. A comparative assessment of Poland, Hungary, Slovakia, and the Czech Republic suggests that democratic backsliding does indeed have security implications for the EU, but that this is only one of several factors driving differentiated integration in the Visegrád Four in this field. Developments in the region are part of a wider EU trend of re-nationalization of security policy. Indeed, in the security field, vertical differentiated integration (in the sense of different mixes of supranational and intergovernmental regimes) is a key factor in mitigating the consequences of horizontal differentiation (different Member State policies).(This article is an output of the EUFLEX project, which has been funded by the Research Council of Norway (project number 287131)).

EU defence policy, Visegrad 4, differentiated integration, Hungary, Poland, Slovakia, Czech Republic, democratic backsliding, geopolitics
The Making of a European Union Strategy for Central Asia: Towards ‘Normalization’ in Foreign Policy?
Authors: Birkeland Terese , Gänzle Stefan , Torjesen Stina
Published: April 2022

Is the European Union (EU) best seen as a ‘normal’ power in global politics and is the way the EU develops and implements foreign policy akin to other actors on the international stage? In this article we explore these issues in the context of EU-Central Asia relations and use the process of developing the EU strategy on Central Asia as a case. Grasping some of the mechanisms of what may be termed ‘normalization’ in EU foreign policy is of particular relevance in increasingly contested world regions such as Central Asia – Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, and Kazakhstan – where Chinese, European, Russian and US interests intersect, albeit in varying degrees. Drawing on a set of twenty-eight semistructured interviews conducted with members of the diplomatic service of the EU and its Member States in the capitals of Central Asian republics as well as in Brussels, we seek to gauge the scope of normalization at the stage of strategy formulation vis-à-vis this region. The article explores two internal dimensions which we distil from the concept of ‘normal power Europe’, namely hierarchical centralization of power and the pre-eminence of larger Member States in the making of EU foreign policy. The article challenges notions of the prominent role small states in European foreign policy making may assume. Exploring the development of the Central Asia Strategy, adopted in 2019, it finds first that the strategy-making process was highly centralized and led by the EU headquarters in Brussels; second that a set of larger EU Member States had considerable leverage in the strategy-making process in contrast to assumptions that small EU Member States could eventually punch above their weight.

European External Action Service (EEAS), Central Asia, EU Strategy for Central Asia, small states, EU normal power
Harmonization and the judgments convention: Historical influences
Authors: Kennett Wendy
Published: April 2022

Abstract. The 1968 Judgments Convention is a significant element in achieving an internal market within Europe, promoting as it does the ‘free movement of judgments’. By harmonizing the rules of jurisdiction, it has been possible for the Convention to minimize the grounds for refusal to recognize a judgment. However the process by which the rules of jurisdiction and recognition were formulated has certain weaknesses. In particular, the rules of jurisdiction are derived from national rules with a long history, dating back to times when patterns of commerce were entirely different. These rules have either been little used in international disputes (because more exorbitant rules exist as an alternative) or have been interpreted in such a way as to permit a wide exercise of jurisdiction. It is not self-evident that they will achieve an appropriate allocation of jurisdiction between Contracting States. Moreover the use of legal concepts as jurisdictional connecting factors gives rise to a lack of transparency which may cloak a ‘homeward trend’ in interpretation by national courts.

Résumé. En favorisant la ‘libre circulation des jugements’, la convention de Bruxelles du 27 septembre 1968 constitue un élément signicatif de la réalisation progressive d’un marché intérieur au sein de l’Europe. En harmonisant les règles juridictionnelles, la convention a permis de minimiser les motifs de refus dans la reconnaissance d’un jugement. Cependant le procédé par lequel les ègles de procédure et de compétence ont été formulées comporte certaines faiblesses. En particulier, les règles juridictionnelles dérivent de règles nationales qui ont une longue histoire et datent d’une époque où les moèbles du commerce étaient complètement differents. Aussi ces règles ont-elle été, soit peu utilisées dans les conflits internationaux (parce qu’existent des règles exorbitantes qui constituent autant d’alternatives), soit ont été interprétées de telle manière qu’elles ont permis une large latitude dans le choix des juridictions. Il n’est donc pas en soi évident que ces règles permettent de réaliser une répartition juridictionnelle approprieé entre des Etats contractants. Bien plus, l’utilisation de certain concepts juridiques comme de facteurs de rattachement juridictionnel pourraient aboutir à un manque de transparence masquant ’des tendances propres à chaque pays’ dans l’interpretation donnee par les diverses juridictions nationales.
Principles derived from private law and the european court of justice
Authors: Usher John A.
Published: April 2022

Zusammenfassung. Der Beitrag behandelt den Einfluß und die Entwicklung von grundlegenden Prinzipien, die aus dem Privatrecht in der Rechtsprechung des Europäischen Gerichtshofes stammen. Allgemeine Grundsitze in diesem Sinne sind eine wichtige Rechtsquelle innerhalb der europaäischen Gemeinschaft, und diese Prinzipien hat der Gerichtshof aus einer Vielzahl von Rechtsquellen, insbesondere den nationalen Rechtssystemen der Mitgliederstaaten sowie der Europäischen Menschenrechtsconvention herausgearbeitet. In diesem Kontext wenden der Gerichtshof und insbesondere seine ‘Avocates General’ eine rechtsvergleichende Methode an. Prinzipien, die vormals aus den genannten Quellen abgeleitet wurden, sind in der Rechtsordnung der Gemeinschaft etabliert und werden als allgemeine Grundsätze aus sich heraus anerkannt. Eigentumsrechte, Recht auf Vertraulichkeit und Privatleben, und die Ausgewogenheit von Verträgen sind solche generellen Prinzipien, die speziell ihren Ursprung oder Einfluß im Privatrecht haben. Sie haben vielfältigste Funktionen im Rechtssystem der Gemeinschaft übernommen; sie dienen insbesondere als Auslegungshilfe und Gültigkeitsmaßstab und haben einen erheblichen Einfluß in der Rechtsprechung des Gerichtshofes.
Die verschuldensunabhängige Produkthaftung in Österreich
Authors: Bydlinski Peter
Published: April 2022

Zusammenfassung. Österreich ist eines der ersten Länder gewesen, das die EG-Richtlinie zur Produkthaftung umgesetzt hat, obwohl es als Nicht-Mitgliedstaat keiner entsprechenden Verpflichtung unterlag. Als Nicht-Mitgliedstaat hatte Österreich jedoch die Möglichkeit, in einer Reihe von Punkten von der Richtlinie abzurücken. Der Autor ist der Meinung, daß die Bedeutung des österreichischen Produkthaftungsrechts zu hoch eingeschätzt worden ist. Vier Fälle sind vom österreichischen Höchstgericht entschieden worden. Einer von diesen betrifft die Kompetenz der Gerichte, einer die Fehlerhaftigkeit wegen Instruktionsmängeln, zwei eine explodierende Flasche. Im Jahre 1993 wurde mit Blick auf den – zum 1.1.1994 erfolgten – Beitritt Österreichs zum Europäischen Wirtschaftsraum (EWR) eine weitere Anpassung des österreichischen Produkthaftungsrechtes durchgeführt.

Abstract. Austria has been one of the first countries to implement the EC Directive on Product Liability, even though as a non-Member it was under no obligation to do so at the time. Not being a Member State enabled Austria to derogate from the Directive on a number of points. The author is of the opinion that the importance of the Austrian Product Liability Law has been overvalued. Four cases have been decided by Austrian’s Supreme Court. One of these concerned the competence of the courts, the other two an exploding bottle. In 1993, with a view of Austria becoming a Member State of the EC, a further adaptation of the Austrian Product Liability Law was brought about.

Résumé. L’Autriche a été l’un des premiers pays à mettre en oeuvre la directive communautaire sur le fait des produits, bien que n’étant pas un pays membre aucune obligation ne pesait sur lui dans l’immédiat. Sa situation particulière lui a néanmoins perrnis de déroger aux dispositions de la directive sur un certain nombre de points. L’auteur estime que l’importance de la loi autrichienne sur la responsabilité du fait des produits a été surestimée. Quatre affaires ont été jugées par la Cour suprême autrichienne. L’une des quatres affaires a trait à sa compétence, une autre concerne la manque d’instructions et les deux dernieères concernent l’explosion d’une bouteille. En 1993, avec la perspective de l’adhesion de l’Autriche à la communauté européenne, la loi autrichienne sur la responsabilité du fait des produits devra nécessairement être adaptée.
La responsabilité pour les dommages causés par des produits défectueux dans le Droit Espagnol: l’adaptation à la directive 85/374/CEE
Authors: Rodriguez-Cano Rodrigo Bercovitz
Published: April 2022

Résumé. L’Espagne n’a pas encore adapté son Droit à la Directive de la Communauté Economique Européenne du 25 juillet 1985, sur la responsabilité civile pour dommages causés par des produits défectueux. Cependant les consommateurs jouissent d’une assez bonne protection à ce propos, grâce à la loi 26/1984, Générale pour la Défense des Consommateurs et Usagers et à la jurisprudence. En février 1993 le Gouvernement a présenté un Projet de Loi à la Chambre des Dépútes pour l’adaptation à cette Directive 85/374 CEE. Il est à prévoir que ce même projet soit présenté dans cette nouvelle législature. D’où l’intérêt d’étudier ce projet, qui limite la responsabilité globale pour les dommages resultant du décts ou de lésions corporelles causées par des articles avec le même défaut (art. 16 de la Directive), exclut les matières premitres et les produits de la chasse et de la pêche qui n’ont subi aucune transformation initiale (art. 2.1 et 15 de la Directive), et inclut les risques du développement (arts. 7.e) et 15 de la Directive) pour les médicaments, aliments ou denrées alimentaires destinés à la consommation humaine.

Abstract. Spain has yet to amend its legislation to give effect to the EC Directive of July 25 1985 on products liability. However, consumers enjoy a reasonably good level of protection in this respect, thanks to the Law No. 26/1984, the General Law on the Defence of Consumers and Users, and to the relevant case law. In February 1993, the Government put forward a draft law in the Chamber of Deputies intending to transpose Directive 85/374/EEC into Spain Law. It is to be expected that the same draft will be put before the newly re-elected Parliament. This means that it is important to study this draft, which would restrict the total liability of the producer for loss resulting from death or personal injury caused by products which have the same defect (Article 16 of the Directive), excludes primary materials, game and fishing products which have not undergone initial processing (Articles 2(1) and 15 of the Directive), and includes development risks (Articles 7e and 15 of the Directive) for medicines, food and food products intended for human consumption.
Product Liability in a Global Context: the Hollow Victory of the European Model
Authors: Reimann Mathias
Published: April 2022

Abstract: In the last few decades, product liability has established itself as a subject in its own right in many parts of the world. This is well-known for the United States and Western Europe but it is also true in Central and Eastern Europe, on the Pacific Rim (including Australia), parts of Latin America, and elsewhere. Surprisingly, the numerous countries which have recently adopted special product liability rules have sought guidance not from American law but from the European model, especially from the EC Directive of 1985. This Directive has become something like an internationally leading blueprint so that globally speaking, the American approach has become almost an outsider. Yet, while the European model has had great worldwide influence on the law on the books, it has had very little impact on the law in action. In most countries, the European influence has neither significantly affected the nature nor the frequency of suits for damages caused by defective goods. This discrepancy between the Directive’s influence in theory and its impotence in practice illustrates how deceptive and ineffective mere blackletter law harmonization can be.
The Development of the Greek Civil Law: From its Roman – Byzantine Origins to its Contemporary European Orientation
Authors: Dacoronia Eugenia
Published: April 2022

Abstract: In this article, the author sketches a picture of the development of Greek Civil Law, ranging from its historical roots to the challenges of the 21st century. Along this journey, she gives an overview of the structure and ideas of the Greek Civil Code; in particular, the law of obligations, tort law, property law, family law and inheritance law are addressed. After describing a host of amendments, the author discusses two characteristics of modern Greek Civil Law: the interpretation of the Greek Civil Code in the light of constitutional law, and the impact of Community measures.
The Plan d’Action of the European Commission – A Comment.
Authors: Gambaro Antonio
Published: April 2022

Abstract: The final contribution to the 10th anniversary of the ERPL presented in this issue moves away from the core-topic, i.e. case law. Instead, the author takes a wider view on harmonization of European Private Law by analysing the Action Plan on a more coherent contract law issued by the Commission at the beginning of 2003. In his critique, he focuses on the issue of abstract legal notions in establishing legal categories.
ECJ judgment C-27/02, 20 January 2005, Engler v. Janus Versand GmbH - Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial
Authors: Jordans Roman , Berrebi Jacob , Felke Klaus
Published: April 2022

Ms. Engler received a letter personally addressed to her at her domicile from Janus Versand, a mail order company. That letter contained a payment notice whose form and content led her to believe that she had won a prize of ATS 455,000 in a cash prize draw organised by Janus Versand, and a catalogue of goods marketed by the latter with a request for a trial without obligation. Ms. Engler, as Janus Versand had requested, returned the payment notice to it, as she believed that that was sufficient in order to obtain the promised prize. Janus Versand refused to pay that sum to Ms. Engler.

Ms. Engler therefore brought an action against Janus Versand before the Austrian courts. The district court dismissed her action for lack of jurisdiction, but the appeals court referred the case to the ECJ for a preliminary ruling.The ECJ held that legal proceedings by which a consumer seeks an order, under the law of the Contracting State in which he is domiciled, that a mail order company established in another Contracting State award a prize ostensibly won by him is contractual in nature for the purpose of Article 5(1) of the Brussels convention, provided that, first, that company, with the intention of inducing the consumer to enter a contract, addresses to him in person a letter of such a kind as to give the impression that a prize will be awarded to him if he returns the payment notice attached to the letter and, second, he accepts the conditions laid down by the vendor and does in fact claim payment of the prize announced. On the other hand, even though the letter also contains a catalogue advertising goods for that company and a request for a trial without obligation, the fact that the award of the prize does not depend on an order for goods and that the consumer has not, in fact, placed such an order has no bearing on that interpretation.
’Performance-Based’ and ’Non-Performance Based’ Enrichment Claims: The German Pattern
Authors: Schermaier Martin Josef
Published: April 2022

In Germany, the opinion is commonly held that the general provision of § 812 (1) BGB, according to which the one enriched has to restore what he acquired without legal cause to the one at whose expense the enrichment occurred, is the basis of two different claims. This attitude is of ancient origin; it can be traced back to the general rule stated by Pomponius on the one hand and the distinction between two types of claims for restitution in roman-common law on the other. Nevertheless, the separation of the two types of claims is nowadays regarded as an unquestionable dogmatic truth. Both theory and practice divide the general clause into two different formulas. The article shows that it is indeed reasonable to distinguish restitution following unjustified performance from restitution following unlawful interference with another?s property. At the same time it refutes the commonly held opinion which, concentrating on the concept of performance (Leistung), separates two different claims of unjustified enrichment. The two forms of claims of unjustified enrichments can rather be described as two sides of the same coin. To distinguish them may not mean to separate them.