bluuebunny/crossref_metadata_2025_split huggingface dataset:
Judicial review and the Common Foreign and Security Policy: Limits to the gap-filling role of the Court of Justice
Authors: Van Elsuwege Peter 
Published: May 2022

Since Opinion 2/13, the ECJ has gradually clarified that its role in the field of CFSP is less limited than a cursory reading of the Treaties may suggest. This article aims to take stock of this evolving case law and discuss the remaining uncertainties and criticisms regarding the Court’s approach. After a brief introduction to the ambiguous position of the CFSP in the EU legal order, specific attention is devoted to the “gap-filling” role of the ECJ’s case law in relation to CFSP matters. It is argued that the Court has developed a consistent line of case law, based on the horizontal application of general constitutional principles and mechanisms. The question remains how much further this “gap-filling role” can be stretched in light of the principles of institutional balance and conferral. The article discusses to what extent the specific features of EU law as regards judicial review in CFSP matters may still be regarded as an obstacle for EU accession to the ECHR.
Judicial review, Common Foreign and Security Policy, CFSP, Court of Justice, ECJ, CJEU, jurisdiction, gap-filling, judicial protection, constitutional principles, EU accession to the ECHR
So close, yet so far: The EU/UK Trade and Cooperation Agreement
Authors: Peers Steve 
Published: May 2022

The recent EU/UK Trade and Cooperation Agreement is a complex treaty covering a wide range of trade and criminal law cooperation issues. It raises a number of legal issues, for instance as regards its legal effect, legal basis, termination or suspension, and dispute settlement. This article examines the general legal issues relating to the Agreement, discussing in particular its attempts to draw a line under the EU membership of the UK, placing the legal relationship firmly on the basis of international law. It examines how this compares to the Withdrawal Agreement and other EU relationships with non-EU countries, looking in detail in particular at the termination and suspension, dispute settlement, and “level playing field” provisions of the treaty.
EU/UK TCA, Trade and Cooperation Agreement, Brexit, Withdrawal Agreement, External relations
EU regulation of artificial intelligence: Challenges for patients’ rights
Authors: Kolfschooten Hannah Van 
Published: May 2022

In order to create a well-functioning internal market for Artificial Intelligence (AI) systems, the European Commission recently proposed the Artificial Intelligence Act. However, this legislative proposal pays limited attention to the health-specific risks the use of AI poses to patients’ rights. This article outlines that fundamental rights impacts associated with AI such as discrimination, diminished privacy and opaque decision-making are exacerbated in the context of health and may threaten the protection of foundational values and core patients’ rights. However, while the EU is facilitating and promoting the use and availability of AI in the health sector in Europe via the Digital Single Market, it is unclear whether it can provide the concomitant patients’ rights protection. This article theorizes the Europeanization of health AI by exploring legal challenges through a patients’ rights lens in order to determine if the European regulatory approach for AI provides for sufficient protection to patients’ rights.
health law, artificial intelligence, patients’ rights, fundamental rights, digital single market, EU governance, EU regulation
The greening of the Economic and Monetary Union
Authors: Steinbach Armin 
Published: May 2022

All pillars of the Economic and Monetary Union (EMU) have unleashed an array of measures to transform the economy towards climate neutrality. With the Green Deal, the strategy review of the European Central Bank (ECB), and the growing body of sustainable finance legislation, climate considerations have entered the traditional mandates governing the conduct of financial, fiscal, and monetary policy. The cross-sectional nature of climate issues reinforces the interdependence and coordination of EMU policies. This article explores changes to EMU architecture and discusses the institutional and legal implications of the novel role of climate in the coordination of EMU policies. It addresses the relationship between Treaty mandate and policy leeway, specifically the way in which the ECB extends its focus on price stability to account for climate considerations and the fiscal legal framework relies on flexibility to incentivize climate investment. It also tracks the emergence of climate stability as an EMU concept, adding to existing concepts of price, fiscal and financial stability.
EMU, ECB, monetary policy, financial policy, fiscal policy, climate change, sustainable finance, greenflation, policy coordination
Next Generation EU and its constitutional ramifications: A critical assessment
Authors: Ruffert Matthias , Leino-Sandberg Päivi 
Published: May 2022

Following the early turmoil of the COVID-19 pandemic on societies in Europe, the foundations of financing the European Union have been overturned. In this article, we demonstrate the magnitude of change that Next Generation EU (NGEU) creates. While explained as exceptional and justified with reference to the pandemic, in substance, the NGEU is not a crisis measure. It will change the reading of EU law permanently by establishing a new type of instrument for redistribution between the Member States and funding this through debt. This article argues that consensus among large Member States and key institutional stakeholders is insufficient for disregarding key Treaty principles. We scrutinize the regulating capacity of EU constitutional law in relation to that consent and discuss the control of constitutionality by the Court of Justice, the role of national constitutional bodies, and the effect of the package on institutional balance. Finally, the role of EU scholarship is considered in relation to such a profound shift in the EU’s constitutional fabric.
COVID-19 pandemic, finance, Next Generation EU, NGEU, crisis measures, debt funding, Treaty principles, constitutionality, role of national constitutional bodies, EU scholarship
The EU-Korea Labour Dispute: A Critical Analysis of the EU’s Approach
Authors: Han Ji Sun 
Published: May 2022

On 4 July 2019, the EU formally requested the Panel of Experts to be convened under Article 13.15 of the EU-Korea Free Trade Agreement (FTA). The gist of the dispute revolved around Korea’s compliance with its labour rights obligations under the Trade and Sustainable Development (TSD) Chapter of the FTA. The Panel of Experts gave its decision on 20 January 2021, making several recommendations for Korea to amend its domestic legislation. As a result of the EU-Korea labour dispute, Korea ratified three International Labour Organisation (ILO) Conventions and made amendments to its Trade Union and Labour Relations Adjustment Act (TULRAA). While the dispute has yielded some successful results for the EU, this article examines shortcomings of the EU’s approach to promoting labour rights in its relations with Korea, and remaining challenges as regards Korea’s obligations under the TSD Chapter.
European Union, external relations, labour rights, EU-Korea Free Trade Agreement, Trade and Sustainable Development, labour dispute, Panel of Experts, freedom of association, forced labour
Russia’s Perceptions of the European Union as an Actor in the Shared Neighbourhood Before and During the Ukraine Conflict
Authors: Khayrizamanova Irina 
Published: May 2022

This article draws on the argument that systematic consideration of the perceptions held at the level of foreign policy-makers can enrich the understanding of Self-Other identity interactions. This research examines the evolution of the discursive dialogue between the EU’s self-portrayals as an actor in the shared neighbourhood and as an actor in the Ukrainian crisis and its external perceptions in Russia. In focus are the EU’s and Russia’s political narratives formulated and communicated from 2003 to 2015. The analysis shows a leading trend of Russia challenging the EU’s predominantly self-ingratiating images thus refusing to sediment the EU’s self-proclaimed identity as a distinctive actor. In turn, the EU’s inattention to its ‘mirror’ images has led to the self-reinforcing cycle of reciprocal mis – and non-recognition of Russia as the constitutive Other in the EU identity formation. These patterns have contributed to the escalation in the discursive clashes between the two actors during the Russia-Ukraine conflict.
the EU, Russia, external perceptions, discourse
Youth Perceptions of the EU and the Baltic States in Ukraine: Emotive Attitudes and Images
Authors: Chaban Natalia , Whitten Lisa Claire 
Published: May 2022

This article analyses the perceptions that young people in Ukraine have of the European Union (EU) and the Baltic States. Based on a qualitatively rich data set from surveys carried out with students across four regions of Ukraine – Kyiv, Odesa, Ivano-Frankivsk and Kharkiv – the paper draws on International Relations (IR) image theory to analyse the cognitive, normative, and emotive elements of youth perceptions of the national Self of Ukraine and the important Others of the EU and the Baltic States. Several key findings emerge from the study: (1) youth in Ukraine have broadly positive attitudes towards the EU and the Baltic States; (2) young people in Ukraine report greater familiarity with EU affairs than those of the Baltic States; but (3) attitudes to the EU are predominantly cognitive while (4) attitudes to the Baltic States are predominantly emotive; and finally (5) youth in Ukraine perceive the EU and Baltic state Other in normatively positive terms but the national Self in normatively negative terms.
Our findings underline the centrality of the emotive aspect of IR image theory in public perception research and in processes of political socialization. This study therefore makes an important contribution to theoretical literatures on IR image as well as providing a timely empirical analysis with direct relevance to EU external relations diplomacy and the development of EU neighbourhood policy.
European Union, Ukraine, Baltic States, International Relations, Image Theory, Mental Mapping, Public Perception Research
EU and US Narratives of Order and Disorder in Their Southern Neighbourhoods After the Migration Crises
Authors: Giedraityte Ieva 
Published: May 2022

Employing strategic narrative theory, (A. Miskimmon, B. O’Loughlin &amp; L. Roselle, Strategic Narratives: Communication Power and the New World Order (Routledge 2013)) the article compares the EU’s and the US’s strategic narratives of their Southern neighbourhoods, forged after the simultaneous migration crises at their Southern borders in 2013-2015. By this comparison, the article tests the claims that the EU and the US have different preferences for (regional) orders and explores the region’s role in their strategic narratives. Exploring three levels in the circulation of the narratives – system, identity and issue – this article concludes that both powers share the idea of desired regional order. At the same time, the place of the ‘region’ in the strategic narratives is different, demonstrating the EU’s deeper engagement in the region and its identity as a regional power.
strategic narrative, the EU, the US, ENP, Central America, region-building
Perceptions of the EU in the Western Balkans Vis-à-vis Russia and China
Authors: Markovic Khaze Nina 
Published: May 2022

This article evaluates public perceptions of the European Union (EU) in Montenegro and Serbia as the front running EU membership candidates. It uses a multidisciplinary approach, which comprises a comparative survey data analysis method, the Image Theory and a mind-mapping approach of EU perceptions analysis to study the EU-Western Balkans relations. Public perceptions of the EU in the Western Balkans are (re)created and juxtaposed against perceptions of other external actors, notably Russia and China. This has led to the EU’s ‘power of attraction’ being diminished in the Western Balkans. Rival perceptions of China and Russia as ‘less demanding’ partners than the EU, and the slowing down of EU’s enlargement agenda have also contributed to this trend. In order to maximize its own security and counter the growing geopolitical influence by China and Russia in the Western Balkans, the EU would benefit from a more comprehensive study of its own representation and public perceptions in candidate states. By doing so, the EU could improve the knowledge about its soft power, which can in turn increase the effectiveness of its foreign policy programmes globally and democracy promotion in the neighbourhood.
European integration, EU public diplomacy, accession, Image Theory, EU-Western Balkans relations, Montenegro, Serbia, EU membership, EU accession, EU foreign policy, soft power
Trade and Attitude Towards the EU: What Really Matters
Authors: Keller Florian , Zoller-Rydzek Benedikt 
Published: May 2022

The main goal of this article is to identify which aspect of trade drives positive attitudes towards the trading partner country. Whereas research has shown a positive influence of trade already, it is not clear whether total trade, trade balance, exports or imports is the best variable to predict attitudes. Furthermore, we investigate whether different sorts of the traded good do impact attitudes differently. As attitudes are formed on an individual level, we estimate that goods whose origins are visible to the individual customer do have greater impact than goods with no visible origins. In our analysis we use data from the Global Attitudes Survey from the Pew Research Center to measure attitudes towards the European Union (EU) and data from UN Comtrade to measure trade with the EU. Our results show that imports from and total trade with correlate significantly with attitude towards the EU, whereas exports to the EU and the bilateral trade balance do not. Given that imports are a part of total trade, we argue that imports are the best variable to predict attitudes. Additionally, we found that it is the import of differentiated goods that impacts attitudes whereas the import of homogeneous goods does not. We argue therefore that positive attitudes towards a trading partner are driven by individual experiences of consumers with products from the respective countries.
Trade, Attitude, Soft Power, Exports, Peace
Strategic Autonomy and the EU as a Global Actor: The Evolution, Debate and Theory of a Contested Term
Authors: Helwig Niklas , Sinkkonen Ville 
Published: May 2022

For all the attention on ‘strategic autonomy’ in the European Union (EU)’s foreign and security policy debate, the academic reflections on the term have so far been limited. Strategic autonomy is a prominent framework through which policy-makers discuss the EU’s response to global challenges, which raises the question to what extent its study can tell us more about the development of the EU as a global actor. This article discusses the evolution of the term ‘strategic autonomy’, the current policy debates that surround it, as well as how its emergence and implications can possibly be analysed through the use of International Relations theory. It argues that strategic autonomy should not be understood as a binary choice between dependence and independence or engagement and decoupling. By accepting the ambiguity of the term and its various meanings in today’s policy debate, it is possible to explore the grey areas of the EU’s struggle to manage its external interdependencies, as well as the implications in diverse policy fields, including foreign policy, security and defence, as well as trade.
Strategic Autonomy, European Union, International Relations, Common Foreign and Security Policy, Common Security and Defence Policy, Trade and Investment Policy, Realism, Liberal theory of International Cooperation, Constructivism
The Ambiguity of the EU’s Global Role: A Social Explanation of the Term ‘Strategic Autonomy’
Authors: Helwig Niklas 
Published: May 2022

The term strategic autonomy has become a major reference point in the debates on the EU as a global actor despite concerns of some Member States that worry about global decoupling signals. What explains the attractiveness and widespread use of the concept in the EU’s policy debates? This article puts forward an explanation grounded in social factors and dynamics. It uses role theory to develop a hypothesis for the proliferation of the strategic autonomy concept in the debate on EU’s global role. Based on this perceptive, the conflict between the EU’s roles as a market-, normative-, and realist power is at the heart of the emergence of the strategic autonomy discourse. Rather than forcing the EU to adapt its role as an international actor, the reference to strategic autonomy allows for ‘role ambiguity’. The article discusses this in light of the current debates on the ‘geopolitical Commission’, qualified majority voting (QMV) in the Common Foreign and Security Policy (CFSP), as well as in the area of defence. Whether the ambiguity – the lack of clarity and certainty the EU as a collective actor faces with regards to the enactment of its role – will prove to be constructive or destructive for its foreign policy remains still open.
Strategic Autonomy, European Union, EU’s Global Role, Role theory, Common Foreign and Security Policy, Common Security and Defence Policy, Normative Power, Market Power, Realist Power
Past as Prologue? The United States and European Strategic Autonomy in the Biden Era
Authors: Sinkkonen Ville , Martin Garret 
Published: May 2022

Europe breathed a sigh of relief after Joe Biden’s victory in the 2020 presidential election, following a difficult period for transatlantic relations under Donald Trump. Yet, a friendlier tone in Washington has not so far translated into markedly better relations between the US and Europe. This article inquires why Biden – a pro-European President by disposition – is not proving more amenable to transatlantic relations in general, and European strategic autonomy in particular. It suggests that the considerable continuity between Biden and Trump can be explained by an interplay between the historical legacy of transatlantic relations, international and domestic structural factors, and on-going ideational contests over US grand strategy. Considering these factors, the US approach to Europe in the Biden era looks to oscillate between a ‘primacy’ model, marked by a US expectation that it will continue to lead and determine the direction of the transatlantic alliance, as well as ‘benign neglect’ of Europe in an age marked by ‘strategic competition’ with China. Neither approach is particularly conducive to the development of European Union (EU) strategic autonomy. In the meantime, the transition from Trump to the Biden era continues to hold little promise for a mutually negotiated ‘major reform’ of the transatlantic relationship.
transatlantic relations – foreign policy – European Union – United States – strategic autonomy, grand strategy – primacy – restraint – Biden – Trump
EU Strategic Autonomy and the Perceived Challenge of China: Can Critical Hubs Be De-weaponized?
Authors: Poutala Tero , Sinkkonen Elina , Mattlin Mikael 
Published: May 2022

Geoeconomic competition, supply security vulnerabilities and complex technological dependencies challenge the European Union’s ‘strategic autonomy’. Evolving from more traditional security/ defence notions, a broader definition of strategic autonomy encompasses also economic dimensions. Economic resilience underpins security and defence arrangements. The EU has lacked instruments for protection against ‘predatory’ strategic investments by external actors, and technological dependence on potential strategic rivals. This article analyses two critical hubs, or potential ‘chokepoints’, in the EU’s attempts to achieve strategic autonomy – critical maritime transport infrastructure and 5G – as well as countermeasures developed by the EU. Chinese enterprises have made strategic investments in key EU infrastructure and high-tech industries over the past decade. In response, the EU has established an investment screening framework to screen (authorize, issue condition, prohibit or unwind) inward foreign direct investment (FDI) on security or public order grounds, and activated a mechanism for the enhancement of coordination and cooperation between the Commission and Member States. The EU has also sought to reduce reliance on Chinese suppliers by introducing the ‘5G toolbox’. We argue that the EU aims to ‘de-weaponize’ these two potential chokepoints. However, our article concludes that the political goal of strategic autonomy vis-à-vis external actors is hampered by the competence limitations of the Union to act in critical areas. Ultimately, much of the heavy lifting on implementing EU policy goals still falls upon Members States with varied economic and security interests.
chokepoint effects, critical hubs, strategic autonomy, interdependence, investment screening, 5G toolbox
Evolutionary Developments in Spanish Corporate Law
Authors: Buğra Erdem Fatih 
Published: May 2022

It is very common to encounter commercial law regulations designed towards encouraging shareholders to make long-term investments in different jurisdictions in response to the issue of short-termism. Until a few months ago, EU Shareholder Rights Directive was seen as the most effective step, which was put into effect as of 3 September 2020, as regards the encouragement of long-term shareholder engagement. However, when the latest developments are considered, a new era has just started in Spain with Law No. 5/2021, which entered into force on 3 May 2021, regarding the duties and responsibilities of managers to increase shareholders’ long-term loyalty to listed companies by complying with the modifications envisaged by Directive 2017/828. This study, in light of what has been covered hitherto, examines the amendments (reform) brought by Law No. 5/2021 as well as evaluating its possible effects on the functioning of company law.
Spanish Corporate Law Reform, Short-Termism, Shareholder Activism
The Broadening ‘Soft Law’ Powers of the European Banking Authority
Authors: Domina Mariia 
Published: May 2022

The European Banking Authority (EBA), one of the pillars of the European System of Financial Supervision, has a power to issue guidelines and recommendations, both representing soft-law instruments, in order to achieve effective and common regulatory and supervisory standards in the banking industry. In the recent decision (15 July 2021), the Court of Justice of the European Union clarified the power of the EBA to issue soft law instruments, a decision that has important repercussions on all European supervisory authorities.
Court of Justice of the European Union, European Banking Authority
The Commission’s Evaluation of the Financial Executives’ Remuneration Policy and the Amendments of Directive No 2019/878
Authors: Petrucci Carlo 
Published: May 2022

The Commission evaluation of EU policies has become an important practice for the review of EU rules. This article is a case study of the 2016 evaluation of the remuneration rules applicable to financial executives (Directive No 2013/36 – CRD IV), which led to their amendments made by Directive 2019/878. These amendments have been negligible and despite the efforts of private interest groups operating in the financial sector, the so-called bonus cap has been maintained. This article explores the dynamics amongst the actors involved in the evaluation of the remuneration policy (Commission, European Banking Authority, and stakeholders) and provides an account of the factors that shaped such evaluation. This paper argues that the influence of private interest groups was limited. Although the bonus cap is a contested policy, and the evidence of its impact ambiguous, it still enjoys legitimacy.
Financial executives’ remuneration policy, CRD IV Bonus Cap, Commission evaluation, Amendments of Directive No 2019/878.