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This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles – persona, dominum, obligation, contract and inheritance – composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of ‘one law, one court’ are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.
First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
Governing the New Europe provides a comprehensive and scholarly account of the changing political map of Europe as it emerges from the Cold War. Exploring the variations of liberal democracy and market economy among the European states, as well as current trends in these directions, the contributors to this volume, all leading authorities in European politics, consider whether a common political model has begun to emerge out of historic European diversity. Beginning with a discussion of the political, economic, and cultural development of Europe from a historical perspective, the focus of the book shifts to an examination of the changing forms of European democracy and the move from public ownership and planning to privatization and deregulated competition. Further essays analyze the challenge to national party systems and electoral performance from emerging social movements and organized interest groups. Political and bureaucratic structures are also examined as is the new European constitutionalism reflected in the increasingly significant role of the judiciary. Lastly, attention is turned to several major themes in European politics: the changing foundations of foreign and security policy, the function of industrial champion firms, and the retreat from the welfare state. Primarily comparative in its scope, Governing the New Europe does devote particular attention to specific major states as well as to the importance of the European Union to the political life of member and non-member countries. Neither exaggerating the common features of the patterns that have emerged in contemporary Europe nor capitulating to the complexity of enduring differences and instabilities between states, Governing the New Europe will become one of the standard texts in its field. Contributors. Jack Hayward, Jolyon Howorth, Herbert Kitschelt, Marie Lavigne, Tom Mackie, Michael Mezey, Edward C. Page, Richard Parry, Richard Rose, Anthony Smith, Alec Stone
Iraq can be considered the 'perfect storm' which brought out the stark differences between the US and Europe. The disagreement over the role of the United Nations continues and the bitterness in the United States against its betrayal by allies like France is not diminishing. Meanwhile, the standing of the United States among the European public has plummeted. Within Europe, political tensions between what US Secretary of Defense Donald Rumsfeld euphemistically called the 'Old' Europe and the 'New' Europe continue to divide. To fully comprehend these rifts, this volume takes a specific look at the core security priorities of each European state and whether these interests are best served through closer security collaboration with the US or with emerging European structures such as the European Rapid Reaction Force. It analyzes the contribution each state would make to transatlantic security, the role they envisage for existing security structures such as NATO, and the role the US would play in transatlantic security.
From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.
Gender Equality in a Global Perspective looks to discuss whether Gender Equality can be adopted as it has been defined in international documents anywhere, or whether it needs to be adapted in a more local context; discuss which factors and perspectives need to be taken into account when adapting Gender Equality to specific contexts; suggest research approaches for studies on whether a universal (Western) concept of Gender Equality fits in certain specific contexts; and finally suggests challenges to the existing interpretation of Gender Equality (e.g., theory of intersectionality); and the development of legal and policy framework. This book is situated within the tradition of comparative gender studies. While most other such books take up and compare various ways of implementing (or not implementing) gender equality, this book studies and compares whether or not (and to what extent) a specific definition of Gender Equality (GE) could be adopted by various nations. Thus, all chapter contributors will engage with the same definition of GE, which will be presented within the book, and discuss the possibilities and constrains related to applying such a definition in their particular national context. The readers will learn about the problems of applying a universal concept of Gender Equality and the possible reasons for and modes of adapting Gender Equality to different contexts. Gender Equality in a Global Perspective looks to maintain a critical and reflexive stance towards the issues raised and will seek to present multiple perspectives and open-ended answers. As such it hopes to contribute to the international discussion of human rights more broadly and Gender Equality specifically. The intended audience is not limited only to but will include policy makers, scholars and students with an interest in Gender issues, Organizational Theory, Political Science, Human Development, Policy Analysis, Globalization and other management sub-disciplines.
This volume evaluates the notion of European Unity in a period when European identity was subjected to the destructive consequences of Nazi and Fascist domination of much of the Continent. By presenting the competing visions of transformation and reconstruction played out during the war years the book aims to provide broader-based and more complex insights into forces that shaped the post-war period than those in conventional accounts that locate the thinking about European unity only in the years after 1945.
This book argues that Europe, through the European Union (EU), should act as a great power in the 21st century. The course of world politics is determined by the interaction between great powers. Those powers are the US, the established power; Russia, the declining power; China, the rising power; and the EU, the power that doesn’t know whether it wants to be a power. If the EU does not just want to undergo the policies of the other powers it will have to become one itself, but it should differ in its strategy. In this book, Sven Biscop seeks to demonstrate that the EU has the means to pursue a distinctive great power strategy, a middle way between dreamy idealism and unprincipled pragmatism, and can play a crucial stabilizing role in this increasingly unstable world. Written by a leading scholar, this book will be of much interest to students of European security, EU policy, strategic studies and international relations.
Since 1989, it has been possible to review what has been published both at home and abroad on the communist states of Central and Eastern Europe and, no less importantly, on the Soviet Union itself, from a new perspective. Few have chosen to engage in this Herculean task, whether out of a residual civility in not wishing to mock certain aging scholars whose research would appear curiously dated, or out of a sense of fatigue with the whole subject of casting aspersions on mistaken views. "A New Europe for the Old?" asks whether the master narratives that circulated so widely in the West in the half-century since 1945 remain valid. Stephen Graubard's volume raises pertinent questions regarding the current state of the European world as it has evolved since 1989. He includes contributions from important scholars around the world: "A New Europe for the Old?" by Martin Malia; "The Serbs: The Sweet and Rotten Smell of History" by Tim Judah; "Illyrianism and the Croatian Quest for Statehood" by Marcus Tanner; "To Be or Not To Be Balkan: Romania's "Quest for Self-Definition" by Tom Gallagher; "Ukraine: From an Imperial Periphery to Sovereign State" by Roman Szporlunk; "Ethnic Nationalism in the Russian Federation" by Anatoly M. Khazanov; "Im Osten viel Neues: Plenty of News from the Eastern Lander" by Barbara Ischinger; "Discourse and (Dis)Integration in Europe: The Cases of France, Germany and Great Britain" by Vivien A. Schmidt; "The European Debate on Citizenship" by Dominique Schnapper; "Has the Nation Died? The Debate Over Italy's Identity (and Future)" by Darion Biocca; and "Postwar Europe" by Arne Roth. "A New Europe for the Old?" provides greater sympathy for the complexity of societies, and argues for greater balance of those that are small, and that do not cast a long shadow in the world today. In the 21st as in the 20th century, they may be engines of change, both as a result of the disorder that they produce as well as the ways in which their values, however seemingly antiquated, survive and prosper, and not only in their native lands. This volume should intrigue historians and European studies scholars alike.
This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.