Home > Conferences and Events > Calendar of Events > Zagreb 2005 > Research Session 6
UACES
35th Annual Conference and 10th Research
Conference
The
European Union: Past and Future
Enlargements
Research Session 6
UACES reserves the right at all times to make changes to the programme where necessary.
Session 1 | Session 2 | Session 3 | Session 4 | Session 5 | Session 6 | Full Programme
Wednesday, 7 September (09:00-10:30)
The panels listed in the table below are followed by the abstracts for each of the papers.
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Panel Title:
Candidate Countries and EU Contract Law Chair: Zvonimir Slakoper (zslakoper@efzg.hr) Papers: Horak/Stajfer, Mlikotin-Tomić, Soljan/Pecotic |
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Economic
Growth: Obstacles and Opportunities Chair: Waltraud Schelkle (w.schelkle@lse.ac.uk) Papers: Dierx/Ilzkovitz, Gore, Hansen, |
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Energy
and the EU's External Relations Chair: Pam Barnes (pbarnes@lincoln.ac.uk) Papers: Alanko, Ivanov, Schroth |
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Theorising Integration: Transactionalism, Governance and Pathdependency Chair: Alex Warleigh (alex.warleigh@ul.ie) Papers: Bailey, Langer, Sigalas |
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The EU
and Turkey Chair: Thomas Diez (t.diez@bham.ac.uk) Papers: Pahre/Ucaray, Yildirim/Calis, Walter |
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Explaining EU Enlargement III Chair: Amelia Hadfield (aeah@kent.ac.uk) Papers: Kochenov, Verney |
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Socio-economic Governance in an Enlarged EU Chair: Stephen Dearden (s.dearden@mmu.ac.uk) Papers: Lang, Puetter, Velluti |
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Professional Sports Participation within the Member States Chair: David McArdle (d.a.mcardle@stir.ac.uk) Papers: García García, James, Parrish |
Alanko, Jennifer (AEA Technology
Environment,
jenniferalanko@yahoo.com)
Energy: At the
Heart of the EU’s Northern Dimension?
The author
considers the extent to which energy (and particularly energy security) is at
the heart of the EU’s Northern Dimension. The term “Northern Dimension” has its
roots in the initiative that was developed by Finland and recognised by the EU
in 1997. Energy has been a crucial component of the initiative, which has
supported co-operation between the EU and Northern European neighbours
(including Russia), since its inception. The argument is presented that, since
the May 2004 EU enlargement, Russia has become increasingly relevant for the EU
and an important element of the EU’s Northern Dimension, with energy being a
vital component of EU-Russian relations. The author draws on relevant
theoretical approaches (particularly historical institutionalism) to argue that
the development of the initiative, of the relationship between the EU and its
Northern European neighbours and of the wider international system has followed
a path that has put and maintained energy at the heart of the EU’s Northern
Dimension. This paper builds upon the author’s previous scholarly research
(including her PhD thesis and work published by the Finnish Institute of
International Affairs, as Jennifer Novack) and relies on sources including
official documents, speeches, interviews, newspaper articles and scholarly
articles and books.
Bailey, David (London School of
Economics & Political Science, d.j.bailey@lse.ac.uk)
Understanding (the
Failure of) European Governance through the Lens of Critical State Theory
This paper seeks
to improve upon the adequacy of existing theoretical accounts of the
increasingly omnipresent concept of “governance”, as employed in relation to the
EU polity, by drawing on theoretical frameworks developed to conceptualise the
nation-state. Contrasting liberal democratic, social democratic and critical
state theory, the paper seeks to understand the ascendancy of the concept of
“governance” within the EU polity. The paper argues that, due to their
predominantly liberal and/or social democratic theoretical basis, existing
attempts to conceptualise “governance” have been overly-optimistic in their
analyses. Tracing the historical ascendancy of “governance” within the EU
polity, the paper argues that this process can be most adequately understood
through the lens of critical state theory, according to which “governance” can
be understood as part of an ongoing and unsuccessful attempt to overcome the
obstacles facing representative democracy within developed market economies. In
particular, the history of the concept of “governance” illustrates clearly the
association between that concept’s rise and empirical manifestations of the
insurmountable obstacles facing representative democracy, including the
inability to secure democratic legitimacy, economic growth and/or social
cohesion.
Dierx, Adriaan (European Commission,
adriaan.dierx@cec.eu.int)
Joint
paper with Fabienne Ilzkovitz
Economic growth in Europe: Pursuing the Lisbon strategy
The aim of this paper is to assess whether the Lisbon strategy is an effective
tool to revive economic growth in the European Union. This paper starts by
examining the rationale for the Lisbon strategy, which is to increase population
welfare by raising the growth potential of the European economy in a sustainable
way. The second section explains why a comprehensive strategy of structural
reforms can contribute to stimulating growth but why possible tensions may exist
between the economic, social and environmental objectives of this strategy. The
next question is how to better implement such a strategy of structural reforms.
These reforms touch on sensitive areas of national competence, such as taxation,
social benefits, public service provision. This implies that a soft form of
co-ordination is used in the area of structural reforms.
In a fourth
section, the paper analyses in more detail the progress made towards the main
Lisbon targets and concludes that it has been impossible to make simultaneously
progress in raising productivity and employment. The fifth section discusses
whether the difference in standard of living between the EU and the US is simply
a reflection of different social preferences. Finally, the last part of the
paper discusses the appropriateness of the Lisbon strategy, highlighting its
strengths and weaknesses.
García García, Borja (Loughborough
University, b.garcia-garcia@lboro.ac.uk)
Bottom-up
Integration? Agenda-setting and the Origins of European Sports Policy
Despite the lack
of Treaty legal base, the European Union has become involved in an incremental
process of sport regulation which has now reached a level marked by the
introduction of an article on sport in the Constitution for Europe. This paper
aims at presenting the origins and development of the EU’s involvement in sport
through the examination of the landmark decisions that have shaped its approach
towards sport. The initiation and development of sports policy is considered as
an example of task expansion, in which the EU has extended the scope of
its activities as a consequence of outside actors instrumentalising
institutional venues to their own benefit.
Following qualitative research based on interviews and policy documents, I draw
on concepts from problem centred agenda-setting to argue that the initial
insertion of sport in the EU’s systemic agenda can be explained by the
commercialisation of sport in the 1980s and 1990s. However, actor centred
agenda-setting models are more suitable to explore the consideration of sport in
the institutional agenda. At first, sport was treated just as an economic issue
and was heavily influenced by the perceived consequences of the Bosman case
ruling. The response to Bosman from actors both outside and within the
system (mainly sports federations and Member States) changed this definitional
bias, constructing a European Sports Policy that takes into account the
socio-cultural and educational particularities of sport.
Gore, Tony (Sheffield Hallam University,
t.gore@shu.ac.uk)
Learning Lessons
or Repeating Mistakes? Horizontal Priorities in Structural Fund Programmes in
'Old' and 'New' Europe
In recent
times policy co-ordination and integration have become important watchwords for
the EU project. Such moves may be interpreted at several levels, at once
political and social. Thus, they may reflect a neo-liberal concern to retain
control over complex or ‘wicked’ issues by inserting additional layers into an
institutional structure that remains fundamentally unchanged. Another view is
that existing ‘epistemic communities’ use them to re-establish distinct domains
of professional practice, in the face of growing knowledge and associated
challenges on the part of service users. Alternatively, they may be seen as
representing a concerted attempt by EU institutions to bridge the
‘implementation gap’ that exists with respect to many of its policies. One
manifestation of this is the requirement for major expenditure programmes like
the Structural Funds to incorporate the key principles and objectives of other
policy domains as ‘horizontal priorities’ Typically these domains include
environmental sustainability, the information society and gender equality. This
paper explores these issues by examining and assessing of two related Structural
Fund experiences. The first concerns the incorporation and early implementation
of the horizontal priorities in the current (2000-2006) round of Objective 1 and
2 programmes in the UK and Ireland. The second relates to the ways in which they
have been inserted into the more recent Community Support Frameworks being
developed as part of the roll-out of EU regional policy in the ten new member
states, with particular reference to the Czech Republic. The review concludes
that there remains a great deal of resistance to extensive policy integration,
and that the prospects for overcoming this by means of programme commitments and
administrative arrangements alone are severely limited. Rather, attention should
be paid to key matters like resource availability, political mobilisation and
support for theme ‘champions’.
Hansen, Morten (Stockholm School of
Economics in Riga, morten@sseriga.edu.lv)
The Irish Economic
Convergence: Lessons for the New Member States
Ireland’s economic development since the late 1980s has been remarkable: From
languishing at the bottom of the EU to one of the top spots in income per
capita.
It is thus not strange that the Irish “miracle” has attracted much attention
among the New Member States in Eastern Europe. Some similarities with Ireland of
the 1970s and 1980s are glaring: Small, open, poor economies on the periphery of
Europe.
This paper reviews the driving factors behind the Celtic Tiger and asks to what
extent a similar development may be possible for the New Member States. The
present paper examines the case of Latvia.
A classification of the reasons behind Ireland’s growth paints a somewhat
pessimistic picture for Latvia: Many features have long been implemented (e.g.
macroeconomic stabilization) but several are unique to Ireland (e.g. language
and substantial FDI from the US). Worse still, necessary reforms successfully
introduced in Ireland are either difficult to implement in Latvia or the
consensus is that they have, largely, been implemented (e.g. education and
research).
The idea of Latvia as an “Ireland copycat” is thus very deceptive which should
send a strong policy signal.
Horak, Hana (University of Zagreb,
hhorak@efzg.hr)
Joint
paper with Josip Stajfer
Consumer Contracts
on Internet
In accordance
with Stabilisation and Association Agreement between Croatia and the EU, new
Croatian Code of Obligations is harmonised with EU directives on contract law,
among others with Directive 2000/31/EC on electronic commerce.
Contract made through the Internet is in the first place a contract like any
other contract in daily life. It can be compared to contracts made over the
phone or by mail order, so general contract law as well as the more specific
rules on distance selling will be applicable.
When making contracts, mutual assent of contractual parties is needed, and their
will is expressed in offer of the contract and its acceptance. This is a complex
mechanism that results with many problems that might arise, especially when
contracting on Internet.
After the new Croatian Code of Obligations is brought, some questions arise; if
the legislator should have regulated the issues of new means of electronic
commerce in new Code of obligations, such as issues of offer and acceptance on
Internet, regardless of existence of Law on electronic commerce. Our opinion is
that those issues should have been regulated in new Code of obligations due to
emerging importance of electronic world and electronic commerce in everyday
life.
Ivanov, Kalin (University of Oxford,
kalin.ivanov@politics.ox.ac.uk)
EU Conditionality
and Nuclear Reactor Safety in Central & Eastern Europe
Drawing on
the conditionality literature, this paper examines the effectiveness and
legitimacy of EU efforts to compel Central and East European countries to
decommission nuclear power reactors. Bulgaria, Lithuania, and Slovakia
breached or evaded shutdown pledges made in exchange for foreign aid in the
early 1990s. EU policy was inconsistent because of the divergent perceptions of
pro- and anti-nuclear lobbies within the EU, and the entrenched interests of old
elites in Central and Eastern Europe. These interests were reinforced by
reluctance to abandon prior investments in safety upgrades. Mutual stereotypes
and poor communication among recipients and donors exacerbated the situation.
Conditionality proved more effective later in the decade, when the European
Union required candidates to close down reactors as a condition for accession.
The reward of EU membership proved a stronger incentive than the previously
offered financial assistance. However, EU pressure on candidate country
governments sidestepped domestic democratic procedures, raising legitimacy
concerns. Governments in Sofia, Vilnius, and Bratislava bowed to EU demands in
spite of popular opposition. EU requirements for early closure of nuclear
reactors in the candidate countries can be viewed in the context of the EU’s
general legitimacy problems.
James, Mark (Manchester Metropolitan
University, m.james@mmu.ac.uk)
Liability for
Professional Athletes’ Injuries: A Case Study of Tort Laws in the Member States
This paper
examines the use of personal injury litigation to secure compensation from the
employers of professional sports participants who injure an opposing player. In
common-law jurisdictions employer-clubs can be expected to be proactive in
controlling the behaviour of their employee-players, and the paper compares the
common law approach with that of two major civil law jurisdictions, France and
Italy, to highlight the similarities that exist under the two systems.
The paper pays particular attention to developments within the sport of rugby,
where the key cases are the French court’s ruling in X v. Club Rugby de
Aureilhan, and Canterbury Rugby Club v. Rogers (which is the seminal
case in common law jurisdictions). In an era of increased player movement
throughout the European Union, as guaranteed by the interpretation of Article 39
in Bosman and Deliege, and given the status of rugby (both codes)
as a professional sport in several member states, the paper considers the
advantages and drawbacks that synergy in the member states’ approaches to
liability for injuries sustained in this particular sport may bring.
Kochenov, Dimitry (Rijksuniversiteit
Groningen,
The Netherlands,
d.kochenov@rechten.rug.nl)
Promotion of the
Acquis vs. Promotion of Democracy: Some Lessons from the Fifth Enlargement
Based on
the analysis of the whole body of documents released by the Commission and the
Council in relation to the Copenhagen Criteria, I argue that during the
pre-accession the Union was assessing the level of democracy in the candidate
countries largely based on the elements of the Union acquis, which is, by
itself a great example of a lack of democracy and is clearly insufficient an
instrument as far as the check of democracy and human rights is concerned. Since
it seems that the Copenhagen criteria are here to stay it is vital at this stage
to see how the existing lack of objective analysis of the development of
democracy in the candidate countries can be remedied in the EU. In this respect,
the Treaty establishing a Constitution for Europe (Art. 57) has clearly missed a
unique opportunity of enlargement regulation reform.
The check of democracy, human rights and the rule of law and not the check of
their elements to be found in the acquis communautaire should become a
priority in the pre-accession both on paper and as applied. My contribution will
offer some explanations as to why the split between the assessment of democracy
and compliance with the acquis occurred and will propose a reform of
enlargement law to avoid the dangerous mistakes made in the course of the
preparation of the last enlargement.
Lang,
Maroje (Croatian National Bank, mlang@hnb.hr)
Exchange Rate and Monetary Policy in Accession to the
European Monetary Union: The Case of Croatia
The future of
Croatian exchange rate and monetary policy is within the European Economic and
Monetary Union. However, although one can identify three distinct phases of the
monetary policy setting in the accession to the EMU, individual countries are
allowed to set their own pace. The first phase takes place before the accession
to the EU. During that phase there is some scope for independent monetary
policy. A more challenging regime takes place once the country joins the EU and
before it accedes to the EMU. Upon joining the EU, a decision needs to be made
when to enter the ERM II, which is a prerequisite for the accession to the EMU.
This final phase is considered to be potentially unstable, since it allows for
both flexible exchange rate and free capital flows. During the entire EMU
accession, Croatian monetary policy will face a challenge of dealing with
capital flows and keep (real and) nominal exchange rate within certain limits.
This paper builds on the existing optimal currency area literature, as well as
on the experiences of the new EU Member States, in discussing monetary policy
choices Croatia is facing in the accession to the EU and the EMU.
Langer, Josef (Universitaet Klagenfurt,
Austria, josef.langer@uni-klu.ac.at)
Alternative
Futures for the European Union: Reflections from the Perspective of ‘Path
Dependency’
This
contribution will provide a short analysis of the concept of “path dependency”
and its relevance for understanding the European Union (EU). It is assumed that
apart from the official (documented) objectives which are supposed to put Europe
on a specific track of peace, prosperity, multi-laterlism, human rights,
democracy etc. in reality a very ambiguous process is unfolding. In contrast to
the universalistic declarations and intentions the real process depends very
much on the diverse “path dependencies” of member states. The question is
whether or not member states patterns can balance in a single “path dependency”
of the EU as such. This constellation which is becoming more complex with each
enlargement makes any prediction about the future of the EU increasingly
uncertain. Under this circumstances any prediction by self-proclaimed goals or
programmes is threatened to become waste paper. Nevertheless, one can try to
identify a number of future scenario for the EU. In this contribution the
likelihood of network-state, federation, empire and protectorate as possible
futures for the EU will be discussed. The concept of “path dependency” will
provide the integrating thread for this discussion.
Mlikotin-Tomić,
Desa
(University of Zagreb,
dmlikoti@inet.hr)
Candidate Countries and European Contract Law
Laying
down legal framework of consumer protection in Croatia lasted longer than
harmonization of other commercial rules with EC law. The first drafts and ideas
on that appeared already in 1990-ies. Meantime the main legislation on market
economy has been adopted, such as: Companies Act (1993), the Law on Protection
of Market Competition (1995), Croatian Securities Act (1995), Commercial Act
(1996) and many others, but Croatian Consumer Protection Act was laid down in
2003.
By regulating the issues of consumer protection with EC law not only new rules
on consumer’s position had been introduced, but also new terms and principles of
product liability that did not exist in previous European civil codifications.
Introducing new and stricter forms of liability does not derogate existing rules
on contractual and non-contractual liability nor special cases of liability.
Consumer can choose on which legal basis he would claim for damages.
Pahre, Robert (University of Illinois,
Urbana-Champaign, USA, pahre@uiuc.edu)
Joint paper
with Burcu Ucaray
The Myths of
Turkish Influence in the European Union
Among the many
objections to Turkish membership in the European Union lie claims about how
Turkey will be a powerful actor in the EU of the future, with a population as
large, or larger than Germany. Many also claim that this power will have
negative effects on the EU. We examine such claims in a series of spatial models
of EU policy-making. We find that Turkey’s preferences lie sufficiently outside
the EU mainstream that it will have little influence in day-to-day policy-making
under the assent, codecision, consultation, and cooperation procedures. Its
influence may be more evident in areas such as the CFSP or JHA, where unanimity
remains the normal procedure. Still, Turkey’s veto power here is no different
than that of other, much smaller countries. Furthermore, veto power can only
block changes and cannot be used to pull the EU into undesirable new directions.
Even this veto power can be avoided if the EU-25 establish the policies that
they desire prior to Turkish membership, forcing Turkey to accept a fait
accompli. Despite these limitations to its power, Turkey may have some influence
in purely intergovernmental settings such as negotiations over new treaties that
might occur some decades hence.
Parrish, Richard (Edge Hill College,
parrishr@edgehill.ac.uk)
Home Grown Players – Home Grown Trouble: Nationality
Restrictions in Sport
This paper
examines the recurring problem of nationality restrictions in European sport.
These restrictions have been successfully challenged in Walrave (1974),
Dona (1976) and most spectacularly in Bosman (1995). The
principles of these judgments have been transposed into third country
international agreements containing non-discrimination provisions and have been
successfully relied on by non-EU nationals in Kolpak (2003) and
Simutenkov
(2005 – opinion of AG). Furthermore, debate continues into the legality of
nationality restrictions in amateur sport and in the composition of national
teams. In response to these developments, some sports governing bodies have
sought to re-introduce nationality restrictions. If such rules are incapable of
finding legal protection in the Treaty, can they find political protection?
Analytically, this question raises issues concerning the balance of power within
the EU’s sports policy subsystem (theoretically constructed by employing
actor-centred institutionalism). In this connection, the paper also investigates
the likely impact of the new sports competence outlined in Article 182 of the
Constitutional Treaty.
This work has been informed by research conducted for the author’s book ‘Sports
Law and Policy in the European Union, MUP (2003) and by information gathered
throughout 2004 as a consequence of participation in the European Commission
project ‘Promoting Social Dialogue in the European Professional Sector’ (budget
heading B3-4000).
Puetter, Uwe (Central European
University, Hungary,
puetteru@ceu.hu)
Governing the Euro
Area in an Enlarged EU: Preserving the Deliberative Process
The enlargement of the European Union has significant
repercussions on the institutions and processes of European economic governance
- most notably in the area of economic policy coordination. The current
institutional set-up is exposed to two challenges simultaneously. Most notably,
the enlargement implies a drastic increase of membership in the key
decision-making institutions, thus altering patterns of interaction and
coordination procedures. This paper highlights how these challenges have been
addressed by the Convention, the most recent Intergovernmental Conference and
through Council decisions. The main argument brought forward is that the strong
intergovernmental bias of the Economic and Monetary Union’s institutional set-up
and its reliance on non-binding coordination arrangements require the
preservation and further development of working methods, which trigger processes
of policy deliberation and consensus formation among independent
decision-makers. In the light of these considerations the paper assesses the
most recent decisions on the constitutional framework of European economic
governance.
Schroth, Daniel-Alexander (University of
Cambridge, das53@cam.ac.uk)
Measuring EU Impact on South-Eastern Europe’s Energy
Sector Institutions or the Energy Community in SEE: Enhancing Institutional
Quality Through Sectoral Co-operation
This paper
will provide evidence of the predominance of EU influence on the institutional
restructuring of south-eastern Europe’s energy sector, thereby seeking to
cross-fertilise the research on New Institutional Economics in the context of
transition economies with the Europeanization agenda. It proposes an analytical
framework to assess EU impact on institutional quality through a decomposition
of the energy sector into a set of empirically testable institutions alongside
three dimensions: energy law, energy policy and energy administration. For each
of the defined institutions, a number of performance indicators have been
elaborated and linkages between each set of indicators and the most closely
connected EU influence parameters established. These influence parameters
comprise of several key elements covering energy acquis, EU assistance,
the provisions of the Europe Agreements, the accession negotiation mechanisms
and regional integration.
The empirical evidence gathered in this paper, based on extensive interviewing
of decision-makers within the European institutions, national ministries,
regulators and International Financial Institutions, suggests that (notably as
regards the Western Balkans) regional integration via the EU initiated and
sponsored Energy Community enhances institutional quality within all three
dimensions: fostering the creation of regulatory institutions, promoting
effective tariff reform, industry restructuring and energy efficiency. It will
be shown that the Energy Community approach helps to meet three intertwined
objectives: firstly, the realisation of potential gains from increased energy
trade and improved security of supply; secondly, the strengthening of
institutional structures in the energy sector and the approximation of the
Western Balkans to the EU based on the EU acquis; and, finally, the
attempt to use this ‘coal and steel’ approach to create spill-over effects that
promote regional co-operation beyond the energy sector.
Shields, Stuart (University of
Manchester,
stuart.shields@manchester.ac.uk)
Caught Between the
Regional and the Global: Europeanisation, Global Restructuring and the Polish
Political Economy
This paper is
concerned with the impact of EU enlargement on Poland. Mainstream approaches to
enlargement and transition have conceptualised the emerging forms of governance
as “Europeanisation”, comparing it to similar developments in earlier
enlargements. The neo-Gramscian approach adopted here stresses the unequal form
of transnational governance, and points to the asymmetric power relations
between the EU and candidate countries, to the role of conditionality, and of
external agents in formulating and expanding their concepts of control. The
paper asks the crucial question of how these transnational social forces are
“nationalised” in the Polish context exploring whether or not the neoliberal
basis of Poland’s transition is something that will be ameliorated by EU
membership or will the EU need to respond with increased liberalisation and
rejection of the European social model once the applicant states join. It
contrasts two particular time periods in Poland’s transition, first, the initial
early 1990s period of transition, and second, the later post-1995 impact of
prospective EU membership. Both demonstrate how Poland’s integration into the EU
reflects broader changes in the European constellation as both Europeanisation
and transition articulate the broader framework of the restructuring of global
capitalism.
Sigalas, Emmanuel (University of
Reading, e.sigalas@rdg.ac.uk)
Transactionalism
Re-Visited: Does Student Mobility Foster a Transnational Identity?
The
presence or absence of a European identity has been at the forefront of academic
interest in particular after the outcomes of the Maastricht referenda and the
increasing concerns about EU’s democratic deficit. This paper re-visits the
transactionalist theory of Karl W. Deutsch, and its relevance on European
integration today. Karl Deutsch favoured a functionalist definition of the
nation centred on the concepts of transaction and communication. In 1987 the
European Commission launched the Erasmus exchange programme one of its most
well-known and popular education programmes. According to Deutsch the increased
interaction between (young) people of different nationalities bears the seeds of
a transnational identity. My work borrows concepts and ideas from social and
cross-cultural psychology necessary to complement Deutsch’s previously untested
macro-sociological theoretical framework. A brief presentation of the history
and the prospects of the Socrates-Erasmus programme will cast some light on the
Commission’s ambivalent stance towards the concept of the European identity. The
paper closes with the presentation of some preliminary results of the first ever
longitudinal survey on the Erasmus students’ collective identities and their
disposition towards the EU.
Soljan, Vedran (University of Zagreb,
vedran.soljan@efzg.hr)
Joint
paper with Jasminka Pecotic
Incorporation and
Validity of not Individually Negotiated Terms in Croatian Contract Law
Today, every
person engaged in the business is aware of the benefit and importance of the use
of general conditions and standard forms. They certainly contribute to the
rationalisation of transactions of contracting parties by diminishing the costs
of negotiation of the terms of each contract individually and make it easier for
the party having general conditions to forecast the cost of doing business. In
general, standard forms and general terms raise two different questions: first,
as the general conditions are outside the context of the contract, it is
necessary to incorporate them into a contract; and second, the validity. Today
the legal systems became more sensitive to the problem of inequality of the
negotiating power of the parties, particularly with respect to the inclusion in
contract unfair terms not individually negotiated, which implies, both for the
general conditions and standard forms the judicial (and administrative) control
of such clauses. The rigidity of criteria applying to the question of
incorporation and validity depends on the type of the transaction in question
(international/non border-crossing; commercial/non-commercial). The inquiry of
the problem focuses on the treatment of the clauses not individually negotiated
between parties in the reformed Croatian contract law and legal practice in the
light of the solutions set out in the Principles of European Contract Law,
UNIDROIT Principles of International Commercial Contracts and Council Directive
93/13 on unfair terms in consumer contracts.
Velluti, Samantha
(University of Liverpool,
s.velluti@liverpool.ac.uk)
OMC, Gender Equality and Eastern Enlargement
This paper
considers the social dimension of Eastern enlargement and looks at how effective
the implementation of soft mechanisms such as, for example, the Open method of
Co-ordination (OMC) can be in the context of economies that are still in the
process of moving from a ‘central planning system’ to a mainly ‘neo-liberal
driven system.’
In particular, the paper examines the implementation of gender equality
legislation and gender mainstreaming policies in the context of the
modernisation of work organisation after Eastern enlargement from two
perspectives, that is,
within the EU and from the point of view of CEECs, respectively.
By way of employing an open and explorative analysis, the paper takes
into consideration the political, economic and legal dimension of gender
equality and embraces a wider notion of ‘institution’ as defined by new
institutionalism.
The main contention of the paper is that soft law instruments, as opposed to
traditional forms of harmonisation, could represent a leverage for the
introduction of reforms in the area of gender equality and mainstreaming in
(Central Eastern European) CEE countries while respecting their characteristics
and, at the same time, allow the EU to promote the adoption of policies aimed at
fostering gender equality in the re-articulation of labour market organization.
Verney, Susannah (University of Athens,
Greece,
deplan@otenet.gr)
Justifying the
Second Enlargement: Promoting Interests, Supporting Democracy or a Return to the
Roots?
The 1970s are
usually perceived as the heyday of European Community intergovernmentalism. The
predominantly economic view of the EC was indicated by the prevalent usage of
the term ‘Common Market’. Yet the decision to admit Greece suggests a different
interpretation. The accession of economically backward Greece was opposed by
strong interests (French farmers, German labour unions). It also threatened, via
the Greek-Turkish dispute, to import a conflict into the EC. The Commission’s
“Opinion” proposed an extended pre-accession period. But the Greek candidacy was
accepted and accession negotiations began. How was the consensus around such a
weak candidate reached?
The
paper examines the decision to admit Greece as the outcome of a process of
deliberation. It analyses the intra-Community debate on Greek accession to
ascertain whether the predominant arguments concerned the promotion of economic
or security interests, support for the new Greek democracy, or a process of
identity creation referencing Greece’s cultural role in the history of European
civilisation (Giscard d’Estaing’s “return to the roots”). It concludes that the
decision to admit Greece constitutes a defining moment, changing perceptions
concerning the appropriate basis for Enlargement and opening the way for the
Iberian, East European and future South-east European Enlargements.
Walter, Jochen (University of Bielefeld,
Germany, jochen.walter@uni-bielefeld.de)
Strategies of
Inclusion and Exclusion: The Debate on Turkish Accession to the EU
The role of
language in constructing social reality is nowadays widely appreciated
throughout the social sciences as a result of the so-called linguistic turn.
Discourse analytical approaches in IR following this constructionist line have
convincingly demonstrated that politico-cultural entities such as “Europe” can
be treated as communicatively constructed. For this construction, however, an
opponent Other is required. Through history, Turkey has served as one of the
most important “Others” for European identity formation. While numerous studies
have dealt with the question of how Europe is constructed by distinguishing
itself from Turkey, only scant attention has been paid to the complex semantic
dynamics on a micro-level which underpin this process.
The present paper argues that the ongoing debate on Turkish accession to the EU
comprises several strategies of semantic inclusion and exclusion. The concepts
of inclusion and exclusion help to understand how contingent frontiers are drawn
and re-drawn and how the included is affected by the excluded. It will be argued
that Turkey is neither completely included into nor excluded from Europe: Turkey
is sometimes excluded with respect to cultural or religious characteristics,
while at the same time included with respect to geopolitical or economic
interests and vice versa.
Yildirim, Engin (Sakarya University,
Turkey,
yildirim@sakarya.edu.tr)
Joint paper
with Suayyip Calis
Europeanization or Eu-Ishization? The Case of Social Dialogue in Turkey
While the
Turkish state has made efforts to introduce and implement a series of political
reforms towards further alignment with the standards of the EU, the pace of the
reform has been rather slack in the field of social policy. Beyond legislative
efforts there remains the question whether Turkey is able to follow European
policies in this field. The Europeanization literature documents the
difficulties of achieving Europeanization of industrial relations in member
countries.
The paper investigates the above question by focusing on a particular area of
social policy; namely social dialogue. Social dialogue depends on favourable
institutional environment and economic and political developments of societies.
From this point of view, Turkey does not seem to be a fertile ground for the
development of social dialogue at all levels. The overemphasis on harmony in the
Turkish polity constitutes a serious barrier to the development of pluralistic
policy-making structures through participation of civil societal elements. The
paper argues that EU-ishization rather than Europeanisation of social dialogue
and its institutions takes place in the course of preparing for the accession.
Research methods include semi-structured interviews with key informants and
analysis of official documents and secondary literature.
Last modified:
Wednesday, 31 August 2005
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