The EU‐Turkey‐'deal': Legal Challenges and Pitfalls

The EU‐Turkey “deal”, based on the Joint Action Plan (JAP) between the European Union (EU) and Turkey, raises fundamental questions on the range of European asylum law as well as on the scope of the safe third country concept, which has turned out to serve as a political master key to “solve” the problems of the so‐called “refugee crisis” in Europe. This article discusses the legal possibilities of the application of the concept as well as its limitations regarding the human rights orientation of European and international law, focusing on the evolvement and legal implementation of the “Merkel Plan”. The legal analysis also focusses on recent ideas to make new “deals” with third states such as Libya. It concludes with a critical but differentiated(?) acclaim of the controversial externalizing policy approach.     

Envisioning European Solidarity between Welfare Ideologies and the European Social Agenda

This article uses the debates of the Working Group ‘Social Europe’ of the European Convention for the Future of the European Union that drafted the Constitutional Treaty to explore the views on the European social model among representatives of the European political class. The debates within the European Convention on basic social values, social objectives, the Union's competences, the open method of coordination, the coordination of social and economic policies as well as the role of social partners provide insight into the emerging visions of European solidarity at the crossroads between welfare regime ideologies and Europeanization. It is argued that, despite an overall consensus regarding a greater future role of the European Union in social policy, the contours of the European social model and the scope of the Union's competences remain contested. However, the observed cleavages are to be found mainly on the left–right political scale, and this suggests that we might gradually be observing a re-politicization of the social policy discourse at European level. Nevertheless, the holding on to arguments of subsidiarity and especially sovereignty represents a barrier to envisioning European solidarity and developing a stronger European social agenda.     

The relationship between international law and European labour legislation and its impact on the development of international and European social law

This article draws on observations of how European Union law takes account of international worker protection instruments and the activities of international organizations to protect social rights to establish a typology of the links – often close but also very diverse – between European law and “international labour law” in the broad sense.     

Adolescence,Sexual Aggression and the Criminal Law

SUMMARY

Criminal law and criminal policy history is perceived as an evolution of legitimation: from a morality paradigm before the Seventies of last century to a utilitarian concept of interdisciplinary enlightenment and rationality, and on to a factual paradigm of risk containment, security orientation and mere exclusion since the Nineties. However, in the area of sexual crime, and especially as far as “the protection of minors” is concerned, Western law appears to have undergone an additional paradigm change, namely in reverting to moralistic principles in disregard of scientific insight. This process, for which victimology appears to be the door opener, is reflected in legal doctrine and criminal policy, in law enforcement, in populistic media and politics. This evolutionary process is interpreted as symptomatic for a post-modern trend in the globalised society where sexual behavior on one hand is blatantly and abusively commercialised, and on the other hand, if deviant, represents the psychologically most expedient object of scapegoating and symbolic policy. The article finishes pleading for a return to the ‘project of modernity’ and to interdisciplinary studies rather than morality as a foundation for criminal policy.     

THE INFLUENCE OF ECONOMICS ON ANTITRUST LAW

Economists today play prominent roles in formulating antitrust policy and litigating antitrust cases. This paper explains why economics influences antitrust law and describes how economic theories enter and shape the antitrust system. Antitrust policy and doctrine change over time in response to developments in economic theory, and the decentralization of the antitrust adjudication system and the wide latitude accorded judges in interpreting antitrust statutes ensure that legal rules will reflect advances in the economic literature concerning the appropriate content of standards governing business conduct.     

How To Prepare the EU Integration: Banking System, Monetary Policy, and Exchange Rate in Macedonia

The significant progress in the reform of the financial sector, including the amendments to the banking law and the reinforcement of the deposit insurance scheme, has been reflected in increased confidence in the Macedonia banking sector. Monetary policy and exchange rates represent a crucial aspect for the countries of Southeast Europe which would like to position themselves on the threshold of negotiations on their accession to the European Union. In the case of Macedonia, which has already formally applied for EU membership, a very cautious approach has to be taken in order to facilitate the stability of the economic system as a whole. Such a policy will make an important contribution to the stabilization of the whole West Balkan area and in particular to the quadrangle of Albania, Kosovo, Montenegro, and Serbia. The preparation of a favourable ground for EU membership negotiations leads first and foremost through a strict monetary and exchange rate policy, which the National Bank is pursuing firmly. Macedonia is now facing optimal conditions for creating the prerequisites for a faster negotiation with less rigorous internal repercussions of the pre-adhesion period. One should not forget the indirect impact of the shadow economy in the general context of efficiency of the instruments of economic and monetary policy. Finally, there is the question to be answered on the interrelation existing between transmission mechanisms linking productivity to the real exchange rate in Macedonia. At first glance, the stylized facts – low labor productivity growth and a trend of real depreciation – could even suggest that a Balassa–Samuelson effect is in play. But the depreciation of the real exchange rate could reflect mainly the behaviour of prices in the tradable sector and a prolonged transition associated with slow technological growth and the low quality of the country's tradable-goods basket.     

The use of detailed statistical data in customs reforms: The case of Madagascar

To carry out their various missions—collecting revenue, facilitating trade and ensuring security— many customs administrations have established a risk management unit. In developing countries, however, because of the lack of dedicated human and material resources, intelligence and risk analysis remain insufficiently developed. In view of the lack of resources, this article proposes a simple methodology aiming at detecting risky import operations. The mirror analysis first helps to identify and target products or sectors with the greatest risk. Based on the examination of customs declarations patterns (data mining), it is then possible to identify and target higher risk economic operators (importers and customs brokers). When implemented in Madagascar, this method has helped to reveal probable fraud cases in the context of current customs reforms.     

论法学本科专业《商法学》课程考试改革——以法商结合人才培养为视角

21世纪是法商结合的时代，商业行为离不开法律的应用和规范，法律也寸步不离地在影响着商业行为。基于现代社会对人才的这种需求，高等院校所培养的法律人才必须是法商结合的人才。为实现“法律为市场经济服务，法律人为市场经济建设服务”的法学专业人才培养目标．以社会需求为导向，法学本科专业《商法学》课程必然要进行教学改革，关注学生综合性素质的提高，强化过程性质量评价，充分发挥考试的多方面功能，以考试改革引领教学改革，将考试改革的研究贯穿于整个教学改革研究中，探索考试改革对于教学改革的推动和促进作用。     

European competition law and the non-profit sector

Although there has been a debate in the USA for more than two decades about competition policy and non-profit organisations, the debate has not yet had the same prominence in Europe. Only in the last few years, even in the USA, has anti-trust policy toward the sector been examined. The paper examines the position for two groups of competition issues in European Community law: first, the problem of the lawfulness of grant aid, given the rules against state subsidies distorting competition; and second, the application of the rules for competition in the single market including EC anti-trust law. Particular legal problems are identified for non-profits which use geographical catchment area agreements with similar organisations. Finally, the paper examines a range of policy issues which arise on consideration of Community law, including the idea of community development as a locally autarchic objective, the terms of competition for grants and contracts, and the possible implications of the future application of European competition law to non-profits in the Community.This paper is part of a series of studies on non-profit organisations and competition policy; others include 6, 1991; 1992a,b. Many people, all of whom know much more about the law and the economics of this subject than I do, have helped me with this paper. I am particularly grateful to Richard Steinberg, Tymen van den Ploeg, Richard Whish, Martin Knapp, Jeremy Kendall and Stephen Lloyd who read and commented on earlier drafts. Richard Whish urged me to greater caution on the meaning of undertaking and interstate trade effects, pointed out the relevance of the subsidiarity provisions in Maastricht, put me straight on the merger regulations, and saved me from a number of legal errors. I am grateful to Jeremy Kendall for pointing out the BUPA case to me, and to Tymen van den Ploeg for directing me to theDaily Mail case and explaining its significance to me with greater patience than I deserved. I have also benefited from advice from Lindsay Driscoll, Nigel Tarling, Bridget Phelps, Anita Randon and Janet Morrison. I am grateful also to all the people who attended an NCVO seminar on 27 April 1992 at which a late draft of the paper was given for their comment. None of them is responsible for my errors. Although I am employed by the National Council for Voluntary Organisations, London, the paper represents my own views and not those of the Council.     

Framing an EU Level Regularization Mechanism: Mission Impossible?

European Union Member States have so far tackled the problem of irregular migration in Europe by adopting common policies which aim to prevent irregular arrivals on the EU borders. In their EU‐level policies, they have neglected regularization as an alternative EU‐level policy addressing irregular migration. This represents a contrast to regularizations which are performed by many EU Member States. However, the EU Commission has gradually adopted a more positive stance about regularization. This article will discuss the principles of an EU‐level regularization scheme through the analysis of the Commission's ideas on the issue. It will be argued that, rather than adopting a common policy, the flexible set of measures, which guide Member States in formulating regularization mechanism for protection/humanitarian reasons, can be formulated at the EU level.     

The social dimension of European cohesion policy in a 27-state Europe: an analysis of the European Social Fund

On the basis of the relevant content of the Treaty of Lisbon (rejected in the Irish referendum of June 2008), this paper examines European Union cohesion policy as a fundamental dimension of the scant European social policy. In the context of a 27-state union with a slim budget, the European Social Fund remains the main social instrument of cohesion. An analysis of its application in the Spanish Autonomous Community of Galicia affords insights into the economic and political impact of European Union economic, social and territorial cohesion policy.     

Trading Well-Being for Economic Efficiency

Summary

In 1992, the European Union (EU) adopted the Recommendation on Childcare and became involved in childcare policy. For the first time, care services and domestic care were acknowledged as the common responsibility of all the European and national political units. The article shows the interaction between childcare policy at the European level and in three welfare states with strong male breadwinner policy logics: Germany, the Netherlands, and the United Kingdom (UK). At the European and national levels, arguments prioritizing economic efficiency and equal opportunities gained ground at the expense     

Jewish tradition faces the Soviet economy: moral dilemma of ‘shadow’ entrepreneurship in the former Pale of Settlement,Ukraine

Soviet life in the former Pale of Settlement appears in the memories of its residents as a world of living Jewish tradition existing within the professional and business activities of artisans and merchants at a time when the ideology and political structure of the Soviet Union prohibited private enterprise. That is why it occupied the shady parts of the socialist economy. Today, after collapse of the Soviet Union, it still poses moral dilemmas for those associated with its illegal activities. However, recollections about Soviet illegal enterprise also provide a space for critique of the Soviet system and a base for construction of contemporary local identity; in this way people reconcile the economic ethics of the recent Soviet past with modern capitalist reality. Narratives about illegal economic activities in the Soviet period are about the relationship between the people and the state. They are seen as a cosmological system; the Soviet state acted as an economically ineffective external force. Within its matrix was integrated a local world of human relationships with their customs and rules created the own local world of consumption and welfare. At the centre of this space is the socially and economically experienced Jewish entrepreneur whose competence is based on local Jewish tradition. Stories about illegal Soviet economic activity have become the heritage of local communities that approve of local business continuity.     

The Economic Partnership Agreements: Rationale,Misperceptions and Non‐trade Aspects

The European Union and the African, Caribbean and Pacific (ACP) countries entered a new era in 2008. The Cotonou trade regime and the WTO waiver legitimising it have expired, and the long anticipated, and much debated, move to Economic Partnership Agreements (EPAs) has begun. This article explains the background and analyses the ‘alternatives’ to EPAs, in order to tackle common misperceptions. Moving on from what has been the focus of debates, namely, the reciprocal liberalisation required under WTO rules, it sheds some light on the non‐goods trade aspects of EPAs which, while integral to economic policy, are inherently hard to quantify and often skimmed over in existing studies or addressed in ideological terms.     

Identifying underlying principles in social work law: A teaching and learning approach to the legal framework of decision making

Courses in social work law need to ensure that students know, understand and can apply specific rules of law. However, the sheer volume of law affecting social work and the rapidity with which that law changes require courses in social work law not just to ensure that, but that they are equipped to manage changes in the law. In order to be able to do this, it is argued, the general principles underlying those individual legal rules need to be identified and understood. Students and practitioners need to have educational and professional skills at a higher level of transferability than merely acquiring knowledge of specific legal rules can provide. We use the legal framework of decision making to explain the importance of this approach. The principles of administrative law have been identified as a major component in social work law, and, despite limited exposition in social work law texts, we outline the teaching and learning strategy we have pursued in relation to this topic. |em|We argue that there are thus both educational and practice based reasons for the approach advocated, which we also believe accord with wider imperatives of social work education.     

The Impact of European Monetary Union on Finance-Growth Nexus

This study examines the relationship between financial development and economic growth in 15 developed European countries before and after the formation of the euro. The results of the panel data analysis show that financial development is significant in promoting economic growth for both periods. The impact of the banking sector development on growth, however, is greater in the post-euro period, whereas the impact of stock market development on growth is reducing in the period investigated. The study concludes that the formation of European Monetary Union does not weaken the relationship between financial development and economic growth in developed European countries.     

Economic,Financial and Geopolitical Governance: USA,European Union and China

The paper examines the policies, choices, structural reforms, regulatory rules, corporate and public administration matching the world standards, openness, innovation, competitiveness, fulfillment of multilateral obligations, integration and regional approach achievements and international relations conditionality in the “Global Governance and Geopolitics” of the main economic, financial and policy issues, with special focus on the new regional approaches pursued by America, the European Union and Asia and the role of the emerging and transition countries. After the US Dollar, now the Eurozone is under pressure and the main Asian countries fear a contagion effect. While somebody proposes a slow devaluation of the Euro in order to soften the public deficits of the group of most exposed countries and restore more competitiveness to the real economy, political leaders are thinking to adopt indirectly the Euro two speeds operative monetary strategy, through the introduction of the majority vote, instead of the full Members consensus, for the most important decisions at the ECB in Frankfurt. Aside these monetary and institutional measures, the binding of the single national fiscal policy to more strict EU parameters of compatibility with the Eurozone sustainability appear unavoidable. This paper represents the background of my lecture given on November 4 at the Beijing Forum 2011 “The Harmony of Civilizations and Prosperity for All: Tradition and Modernity, Transition and Transformation” () at the PEK University.     

The European Convention on Human Rights in the Constitutional System of Serbia and Montenegro

The paper explores the legal position of the European Convention on Human Rights in the constitutional system of Serbia and Montenegro. It casts some light on constitutional rules, international treaties and especially international treaties on human rights. The text exposes also constitutional rules on human rights. The issue of the European control over human rights in Kosovo and Metohija is raised. Attention is referred to the Resolution 1417 (2005) of the Parliamentary Assembly of the Council of Europe on protection of human rights in Kosovo.     

TOWARD A POSITIVE ECONOMIC THEORY OF ANTITRUST

Most economists associate antitrust policy with the Sherman and Clayton Acts. Nonetheless, there is in England and America a much older body of antitrust law, namely, the common law of restraint of trade. This regulation, like language and markets, evolved over a long period of time. This article examines whether the rules that the common law courts developed can be explained by a hypothetical wish to maximize social wealth and concludes that many of them can be. The last part of the article outlines a theory of legal evolution.     

Beyond financial proxies in Cohesion Policy inputs’ monitoring: A system dynamics approach

European Union’s Cohesion Policy aims to foster development and reduce disparities among regions by redistributing more than one-third of the European budget. Given the policy’s importance and complexity, an elaborated monitoring and evaluation system has been established. While attention has been dedicated to evaluating policy impact, the monitoring of inputs (i.e., allocated financial resources) has been limited to the control of financial dimensions (i.e., funds’ absorption rate). As the implementation process entails a sequence of steps, this research explores whether financial proxies alone are adequate to monitor the policy inputs. To test this hypothesis, a system dynamics model is built. Simulations highlight that the absorption rate captures shocks that might occur during the inputs’ expenditure with significant delay. To that end, we elaborate three novel operative monitoring indicators (i.e., funds’ demand, funds’ offer, procedural efficiency), which may overcome the financial indicators’ mono-dimensionality and time lags’ limitations.