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1
Demirci, Bengi. "The Principle Of Subsidiarity In The European Union Context." Master's thesis, METU, 2003. http://etd.lib.metu.edu.tr/upload/1074673/index.pdf.
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In this study, the attitude of the European Union towards the Principle of Subsidiarity and the way it utilizes this principle is analyzed. Besides putting forward the fundamental principles of subsidiarity within the historical framework that it has evolved through, the factors that made the Union adopt subsidiarity and the attitude of the Community institutions towards this principle are examined. In this regard, the role that the principle of subsidiarity has played in the European integration process so far and those that it may play in the future formation of the Union is discussed.
2
MacInnis, Donald J. "The meaning of operationalised subsidiarity in the European Union." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319126.
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Green, Paul S. "Reading subsidiarity : a critical analysis of interpretations of subsidiarity in the discourse on European Union." Thesis, Loughborough University, 1998. https://dspace.lboro.ac.uk/2134/27813.
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The concept of subsidiarity has been extensively interpreted in the context of European Union affairs. A significant question which interpretations address in this context is: What is the meaning of the concept? With respect to this question, interpretations have considered the definition, the instrumental role in European Union politics and the historical origins of the term. Interpretations have been consistent in the answers that they have provided to these three aspects of the meaning of subsidiarity, to the extent that a dominant image of the meaning of subsidiarity in European Union affairs has developed. This dominant image states that subsidiarity is a contested concept which represents, through its different definitions, the incompatible interests inherent in the federal debate between Member States, and which originates from both the social philosophy of the Catholic Church and the political ideology of federalism.
4
Rasco, Clark Joseph. "Demographic trends in the European Union : political and strategic implicaitons /." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Jun%5FRasco.pdf.
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Li, Xin. "European identity, a case study." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2555548.
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Green, P. S. "A critical analysis of interpretations of subsidiarity in the disclosure on European Union." Thesis, Loughborough University, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263713.
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Krasniuk, S. O. "Adult learning technologies in the European Union countries." Thesis, Київський національний університет технологій та дизайну, 2018. https://er.knutd.edu.ua/handle/123456789/10707.
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Slapin, Jonathan B. "Institutional design in the European Union how governments negotiated the Treaty of Amsterdam /." Diss., Restricted to subscribing institutions, 2007. http://proquest.umi.com/pqdweb?did=1459915981&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Tan, Zu Jia. "Analysis on the integration of EU consumer credit markets : a co-integration analysis." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2555572.
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Yucesan, Esin. "Stock Market Integration Between Turkey And European Union Countries." Thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605686/index.pdf.
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The objective of the study is to analyze the effects of two breakpoints on the relationships of Istanbul Stock Exchange with the European stock markets and on the relationships among these European stock markets to increase the economic integration. The breakpoints are the execution of the Customs Union Agreement of Turkey with the European Union in 1/1/1996 and the introduction of the Euro in 1/1/1999. While both breakpoints have effects on Turkey&rsquos economic relations, the European Union countries are expected to be influenced by only the introduction of the Euro. Stock market indices provided by DataStream is utilized. The statistical techniques used include the correlation and cointegration analysis. Results indicate that when examined on pair wise basis Turkish stock market has more liaisons with the European stock markets, in general, after the Customs Union
but less liaisons after the conversion to Euro. However, when examined as a group, the cointegration result finds the Euro as influential as the Customs Union. Alternatively, the European stock markets have decreasing integrations as a result of correlation analysis after the Euro, but it is an influential breakpoint according to cointegrating structures.
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Nezhyvenko, Oksana. "Informal employment in Ukraine and European Union transition countries." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0047/document.
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L'emploi informel est devenu un sérieux défi pour l'économie ukrainienne et des pays en transition au cours de l'adaptation aux conditions du marché. La tendance du nombre de travailleurs qui participent au secteur informel est en hausse depuis les dernières années. Dans mes recherches, je vais présenter l'état actuel de l'emploi informel en Ukraine et les pays en transition. Une attention particulière est accordée à la répartition du travail entre les différentes catégories de population, en divisant les individus en cinq catégories (employés formels, employés informels, travailleurs indépendants formels, travailleurs indépendants informels et chômeurs) selon la définition de l'emploi informel de l'OIT. Nous examinons le marché du travail en utilisant les données de Ukrainian Longitudinal Monitoring Survey pour l'Ukraine et Survey on Living and Income Conditions pour les pays en transition et nous élaborons la fonction des gains du capital humain pour le marché du travail en appliquant la fonction de répartition des gains de Mincer, afin d'étudier les facteurs qui déterminent les revenus et le choix de l'emploi de l'individu en Ukraine et les pays en transitionInformal employment became a serious challenge for the Ukrainian economy and economy of transition countries during the adjustment to market conditions. Trends of the number of workers participating in the informal sector have been rising for the last years. In my research I will present the current state of informal employment of Ukraine and transition countries. Detailed attention is paid to labour distribution across different population categories by dividing the individuals into five categories (formal employee, informal employee, formal self-employed, informal self-employed and unemployed) following the definition of informal employment from the ILO. We examine labour market using the data of the Ukrainian Longitudinal Monitoring Survey for Ukraine and the Survey on Living and Income Conditions for transition countries and we design human capital earnings function for labour market by applying Mincer earnings distribution function in order to investigate the factors that determine the individual’s earnings and choice of the employment status both for Ukraine and transition countries
12
Etienne, Anne. "Towards European Integration: Do the European Union and Its Members Abide by the Same Principles?" Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4617/.
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In the last few decades the European Union (EU) and its members have emphasized the importance of human rights and the need to improve human rights conditions in Third World countries. In this research project, I attempted to find out whether the European Union and its members practice what they preach by giving precedence to countries that respect human rights through their Official Development Assistance (ODA) program. Furthermore, I tried to analyze whether European integration occurs at the foreign policy level through aid allocation. Based on the literatures on political conditionality and on the relationship between human rights and foreign aid allocation, I expected that all EU members promote principles of good governance by rewarding countries that protect the human rights of their citizens. I conducted a cross-sectional time-series selection model over all recipients of ODA for each of the twelve members for which I have data, the European Commission, and the aggregate EU disbursements from 1979 to 1998.
13
Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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Dihel, Nora Carina. "Temporary movements of services providers from Central and Eastern European Countries into the European Union /." [Bucureşti] : Ed. DBH, 2005. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=013195171&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
16
KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
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Defence date: 21 December 2007Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
17
Morgan, Rebecca. "Enlargement 2007 : Romania, Bulgaria and the path to the European Union : a thesis submitted in fulfilment of the requirements for the degree Master of Arts in European Studies in the University of Canterbury /." Thesis, University of Canterbury. National Centre for Research on Europe, 2009. http://hdl.handle.net/10092/3219.
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With the enlargement of the EU to 27 member states in 2007, this thesis considers the transition process of Romania and Bulgaria from the fall of communism in 1989 to accession to the European Union in 2007. The research focuses on the political and economic reforms of Romania and Bulgaria, using a chronological approach, to explore the concept of EU impact on countries in transition. The thesis focuses specifically on the ideas of European conditionality and leverage, in order to answer questions on the importance of the EU’s external influence on these two countries, as well as discussing future implications for candidate countries in transition.
18
Prosser, Christopher. "Rethinking representation and European integration." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:1f596c7e-bfb9-43ff-b3e8-2de716f234ec.
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In representative democracy the chain of political legitimacy runs from voters to governments through votes cast at elections. In order for representation to occur, political parties must offer distinct policy platforms that citizens consider in their vote choices. This thesis examines whether citizens are adequately represented within the European Union. It finds that although representation on left-right issues occurs, it does not occur for European integration preferences. Over the course its history, European integration has changed from being primarily an economic issue to a social issue. This separation from the primary axis of political competition has increased the need for representation on EU issues directly. Political parties have polarised over European integration providing increased choice, but voters have not engaged with the issue. Examining how voters process party signals about policy positions shows that very few are affected by signals on the EU. Accounting for voters' cognitive biases suggests that the influence of EU issues in European Parliament elections has been overestimated and is non-existent in most member-states. As direct democracy might offer an alternative to inadequate representation this thesis examines why referendums have been held on the EU but finds that they are largely driven by governments' desire to contain the threat of EU issues at national elections, further undermining representation. However, as a result of institutional differences between national and European Parliament elections rather than the emergence of the EU as an electoral issue, the size of party systems at European Parliament elections has grown considerably over successive elections in many member-states, a change that has fed into national party systems. Although representation on EU issues is inadequate, the expansion of European party systems and the redrawing of the lines of political competition offers some hope that representation on EU issues might improve in the future.
19
SCHOLTES, Julian. "The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
20
Gürer, Cüneyt. "Divergence of discontent sociopolitical analysis of Turkoskepticism in the European Union enlargement /." [Kent, Ohio] : Kent State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=kent1208521474.
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Thesis (Ph.D.)--Kent State University, 2008.Title from PDF t.p. (viewed May 21, 2009). Advisor: David A. Kessler. Keywords: Turkish EU Membership, European Union Enlargement, Turkoskeptcism. Includes bibliographical references (p. 218-229).
21
BARANSKI, Marcin. "Constitutional pluralism in the European Union : a critical reassessment." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
22
Palmer, James Robert. "Science and politics in European energy and environmental policy : the wicked problem of biofuels and indirect land-use change (ILUC)." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608217.
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ESTELLA, DE NORIEGA Antonio. "The principle of subsidiarity and its critique : a contextual analysis of the principle of subsidiarity." Doctoral thesis, 1997. http://hdl.handle.net/1814/4617.
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YIOLITIS, Emily. "Changing modes of governance : subsidiarity, partnership and democracy." Doctoral thesis, 1999. http://hdl.handle.net/1814/5696.
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GRANAT, Katarzyna. "National parliaments and the policing of the subsidiarity principle." Doctoral thesis, 2014. http://hdl.handle.net/1814/33889.
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Defence date: 16 December 2014Examining Board: Professor Bruno De Witte, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Damian Chalmers, London School of Economics; Professor Thomas Christiansen, Maastricht University.
This PhD thesis studies the role of national parliaments in the policing of the EU subsidiarity principle. The Treaty of Lisbon enshrines the Early Warning System (EWS) in Protocol No. 2, according to which national parliaments may review Commission proposals for compatibility with the subsidiarity principle expressed in Article 5(3) TEU. On the basis of the number of reasoned opinions submitted, which count as votes, national parliaments may trigger either a ‘yellow’ or an ‘orange’ card, each of which entails different consequences for the Commission draft act in question. The purpose of this thesis is to analyse the functioning of the EWS and to explore why national parliaments participate in this mechanism. To achieve this task, this thesis analyses the reasoned opinions issued under the EWS. Hence, this thesis firstly conducts a case study of the Commission proposal on the establishment of the European Public Prosecutor’s Office which triggered a ‘yellow card’. This example shows that national parliaments tend to conduct a broad scrutiny of Commission proposals, which includes aspects other than the subsidiarity of the proposal: its legal basis, the competence of the EU to act, its proportionality and its substance. This practice of national parliaments is evaluated according to a textual, structural and functional interpretation of the EU Treaties, and as a result, a narrow subsidiarity test is suggested for the purpose of the EWS. Thereafter, the thesis explores the national procedures of ex ante (EWS) and ex post (action before the ECJ) scrutiny. In addition, national debates are studied in order to analyse the relationship between national legislatives and executives, between parliamentary majorities and opposition, as well as the reflection of regional interests. This detailed study of debates also points to the first reasons for the participation of national parliaments in the EWS: the protection of idiosyncratic national interests and the restriction of EU redistributive policies. Further reasons for national parliaments’ participation in the EWS are indicated on the basis of two case studies, dealing with the Monti II regulation (competence), and the Tobacco Products Directive (‘delegated legislation’). These suggest that the EWS is used by national parliaments to increase their impact in the EU legislative process. The last case study of this thesis – the ‘Women on Boards’ proposal – ponders the application of the EWS to ‘genuine’ fundamental rights proposals, showing that the subsidiarity tests at stake here are focused to a much greater extent on a political willingness to protect universal values, rather than on efficiency. The thesis concludes by discussing whether the EWS enhances the EU’s democratic legitimacy and decreases the EU’s competence creep, which were the leading ideas behind the introduction of the Protocol No. 2 mechanism. It is pointed out that, although the impact of national parliaments on EU policy-making is uneasy to measure, some of the criticism of national parliaments is taken on board by the EU legislator. Because the ‘competence creep’ of the EU is rather limited, it also does not demand a great deal of involvement on the part of national parliaments.
26
GOUCHA, SOARES Antonio. "A preempcao no direito comunitario : aplicacao da doutrina da preempcao desenvolvida pela United States Supreme Court a reparticao de competencias no ordenamento comunitario." Doctoral thesis, 1996. http://hdl.handle.net/1814/4789.
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Defence date: 20 May 1996Examining board: Prof. Ignacio Borrajo Iniesta ; Prof. Luis María Díez-Picazo (orientador) ; Prof. Maria Eduarda Gonçalves ; Prof. Federico Mancini ; Prof. Armando Marques Guedes
First made available online 2 July 2015.
27
ZIEGLER, Andreas R. "The harmonization of European environmental law and diverging national measures : a general survey of the European Community's legal mechanisms for the coordination of Community secondary law and national environmental measures with a special focus on more stringent national measures and their legal justification under the existing system of safeguard clauses, systematic escape clauses, and minimum standards and the principles of shared responsibility, subsidiarity, and competition of regulatory systems." Doctoral thesis, 1993. http://hdl.handle.net/1814/5619.
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Craycraft, Erin E. "European Union trade negotiations with developing countries." 2002. http://catalog.hathitrust.org/api/volumes/oclc/52278869.html.
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STEHMANN, Oliver. "Network competition for European telecommunications." Doctoral thesis, 1993. http://hdl.handle.net/1814/5072.
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Examining board: Jörn Kruse, University of Hohenheim ; Stephen Martin, EUI, supervisor ; Roger Noll, Stanford University ; Louis Phlips, EUI ; George Yarrow, Oxford UniversityDefence date: 7 June 1993
First made available online: 31 May 2016
The telecommunications industry is in the throes of rapid technological and regulatory change. Markets for terminals and services have been liberalized, and only the provision of networks has remained under the control of national operators. This book analyses from an economist's point of view the benefits which may be expected from the introduction of network competition in Europe, and describes how competition can be reconciled with social objectives. The author first looks at the latest technological developments and discusses the impact of new transmission systems such as mobile phones and satellites, and the convergence of broadcasting and telecommunications. He goes on to weigh up the arguments for and against network competition, looking in particular at the natural monopoly view and at universal service. The third part of the book compares policy in Europe and the USA, with a detailed analysis of the European Commission's approach, and an up-to-date view of the regulatory frameworks in five European member states. Finally, the author sets out a strategy for network competition in Europe which takes into account both the latest developments and the characteristics of the European environment.
30
Balvan, Martin. "Tax system of chosen European Union countries." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-274910.
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LAFFERTY, Michelle Martine. "European citizens' right to vote." Doctoral thesis, 2005. http://hdl.handle.net/1814/5451.
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Patrício, Margarida da Silva. "Determinants of CO2 emissions in European Union countries." Master's thesis, 2020. http://hdl.handle.net/10400.6/10868.
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The economic growth is one of the main drivers of pollution. Climate change caused by the
increase in emissions has harmful and irreversible effects on economies as a whole.
Currently, climate change represents a challenging issue for policymakers. This research
intends to contribute to the current debate on the factors that contribute to reducing
emissions, supplying empirical evidence of the role of environmental regulation in this
process. In detail, this research aims to bridge a gap in the literature by giving special
attention to the effects of market-based regulation, regulatory incentive policies for
renewables deployment, and foreign direct investment on carbon dioxide emissions. To
accomplish this objective, it uses yearly data from 1995 to 2017 for 17 European Union (EU)
countries. To control for some possible endogeneity, and to study the short- and the longrun effects individually, an Autoregressive Distributed Lag (ARDL) model was used with a
Driscoll-Kraay estimator. The main findings show that environmental regulation is effective
in cutting CO2 emissions in the long-run. Additionally, the policies supporting renewable
energy sources negatively affect CO2 emissions in both the short- and long-run. The
effectiveness of these policies is further demonstrated, with foreign direct investment
reducing carbon dioxide emissions, suggesting that the EU is managing to attract high
quality and innovative investment. The pollution halo hypothesis was validated for EU
countries.O crescimento económico é uma das principais causas da poluição. As alterações climáticas causadas pelo aumento das emissões têm efeitos prejudiciais e irreversíveis nas economias como um todo. Atualmente, as alterações climáticas representam um desafio para os formuladores de políticas. Esta pesquisa pretende contribuir para o debate atual sobre os fatores que contribuem para a redução das emissões, fornecendo evidências empíricas do papel da regulação ambiental nesse processo. Em detalhe, esta pesquisa visa preencher uma lacuna na literatura, dando especial atenção aos efeitos da regulação baseada no mercado, políticas regulatórias de incentivo à implementação de energias renováveis e investimento direto estrangeiro nas emissões de dióxido de carbono. Para atingir esse objetivo, foram utilizados dados anuais de 1995 a 2017 para 17 países da União Europeia (UE). Para controlar alguma possível endogeneidade e estudar os efeitos de curto e longo prazo individualmente, o modelo Autoregressive Distributed Lag (ARDL) foi usado com o estimador Driscoll-Kraay. As principais conclusões mostram que a regulação ambiental é eficaz no decréscimo as emissões de CO2 a longo prazo. Além disso, as políticas de apoio às fontes de energia renováveis afetam negativamente as emissões de CO2 no curto e no longo prazo. A eficácia dessas políticas é demonstrada ainda mais, uma vez que o investimento direto estrangeiro reduz as emissões de dióxido de carbono, sugerindo que a UE está a conseguir atrair investimento inovador e de alta qualidade. A hipótese pollution halo foi validada para os países da UE.
33
Hsieh, Yi-Fong, and 謝衣鳯. "The money and inflation in European union countries." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/p8w7wr.
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博士國立政治大學
經濟學系
107
After the 2008 global financial crisis beginning in the U.S., the major economies have been infected by the global systematic financial turmoil. In that case, major monetary authorities have taken preemptive unconventional monetary policies immediately after the interest rate policy fail to keep financial market functioning. Unconventional monetary policy is usually considered as balance sheet policy in peacetime. Recently, a vast of literatures concerning the effects of balance sheet policy shocks reveal that balance sheet policy shocks affected the output and price level positively. Rather, we find that the monetary base and broad money in European Union countries grew disproportionately after the crisis. In this paper, we apply two panel data models to estimate the inflation effects in European Union countries. We have several findings. First, ECB coordinated central banks to conduct large-scale assets purchase in the euro area, but balance sheet policy has affected these countries differently. Moreover, the Panel VAR results shows that the inflation effect of the mean group is smaller than the results of most empirical literatures. Besides, each individual European Union country responds to balance sheet policy shocks with heterogeneous inflation effects. In addition, some EU countries, such as Belgium, Cyprus, Denmark, Spain, Ireland, Italy, Luxembourg, Poland, Slovenia, and Slovakia, even show deflation replies. Lastly, empirical results of panel data indicate that inflation and monetary base growth rate reveals a significant negative relation, while inflation and M3 growth rate has a positive relation.
34
SCHINK, Gertrud. "Kompetenzerweiterung im Handlungssystem der Europäischen Gemeinschaft : Eigendynamik und policy-entrepreneure : Eine Analyse am Beispiel von Bildung und Ausbildung." Doctoral thesis, 1992. http://hdl.handle.net/1814/4781.
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Defence date: 20 November 1992Examining Board: Prof. Dr. Bruno de Wittw, Rijsuniversiteit Limburg ; Prof. Dr. M. Rainer Lepsius (supervisor), Universität Heidelberg ; Prof. Dr. Giandomenico Majone, Europäisches Hochschulinstitut, Florenz ; Prof. Dr. Roger Morgan (co-supervisor), Europäisches Hochschulinstitut, Florenz ; Prof. Dr. Fritz W. Scharpf, Max-Planck Institut für Gesellschaftsforschung, Köln
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
35
COUTTS, Stephen. "Citizenship, crime and community in the European Union." Doctoral thesis, 2015. http://hdl.handle.net/1814/37798.
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Defence date: 6 November 2015Examining Board: Professor Loïc Azoulai, EUI (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary University, London; Professor Niamh Níc Shuibhne, University of Edinburgh
The aim of this thesis is to analyse the extent to which criminal law can contribute towards our understanding of Union citizenship and of the political community of the Union. In carrying out this task it adopts a particular perspective on both criminal law and Union citizenship. Firstly, it adopts the criminal law theory developed by RA Duff, premised on the notions of citizenship and community; crimes are viewed as public wrongs, committed against the community. Individuals are held responsible as citizens and are called to account before the community. Secondly, it adopts a particular account of Union citizenship based on a distinction between transnational dimensions and supranational dimensions. The transnational dimension is then broken into two sub-dimensions based on the concepts of social integration and autonomy or a space of free movement. The role of criminal law in these dimensions of Union Citizenship is analysed in the main body of the thesis. Two chapters consider the role of criminal law in social integration in the context of the acquisition of residence rights and the serving of sentences. Two chapters consider the parallels between the autonomy of Union citizens that results in a single space of movement, and the area of justice as it is constructed through the European Arrest Warrant and the operation of a transnational ne bis in idem principle. A final substantive chapter details the competence of the Union to adopt legislation criminalising certain conduct and the extent to which this can be said to contribute to the formation of a community at a supranational level. A conclusion brings together the findings of the thesis in relation to Union citizenship and considers the implications for the structure of the political community in the Union. It is suggested the national remains the main site for communities in the Union. However, transnational processes associated with Union citizenship trigger the emergence of certain supranational norms and ultimately a composite, complementary supranational community.
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MARZO, Claire. "La dimension sociale de la citoyenneté européenne." Doctoral thesis, 2009. http://hdl.handle.net/1814/12703.
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Defence date: 25/09/2009Examining board: Bruno De Witte (EUI); Rostane Mehdi (Université Paul Cézanne, Aix-Marseille III); Marie-Ange Moreau (Supervisor, EUI); Pierre Rodière (Université Panthéon-Sorbonne, Paris 1 )
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
La dimension sociale de la citoyenneté européenne correspond à une nouvelle tendance de la Cour de justice des Communautés européennes permettant à des citoyens européens d'obtenir des prestations sociales du simple fait de leur statut. Cette innovation jurisprudentielle interroge à deux niveaux. Dans un premier temps, les transformations de la citoyenneté européenne par l'ajout d'une dimension sociale sont envisagées. Cette incongruité est permise par une nature particulière La multiplicité des droits attachés à la citoyenneté européenne par l'article 17 CE et son rapprochement des droits fondamentaux créent un statut doté d'un ensemble de droits dont le citoyen peut se prévaloir. Cette habilitation a été concrétisée par une mise en oeuvre par le législateur et le juge. Le premier a adjoint à la citoyenneté européenne la liberté de circulation des citoyens de l'article 18 CE. Le second lui a associé la principe de non-discrimination en vertu de la nationalité créant une nouvelle méthode de jugement rattachée à à ces deux principes. Dans un second temps, les développements de la politique sociale européenne par la citoyenneté européenne sont pris en compte. La politique sociale a connu plusieurs renouvellements récemment et la citoyenneté européenne n'y est pas étrangère. Elle a trouvé deux manifestations. La première passe par l'application des arrêts relatifs à la citoyenneté européenne. Il s'agit d'accorder au citoyen européen migrant les mêmes droits que les nationaux des Etats membres. C'est ainsi que les domaines nationaux de l'éducation et la sécurité sociale, principalement, se voient modifiés par une approche toujours plus large de l'égalité communautaire. La seconde passe par l'identification d'une nouvelle citoyenneté sociale, distincte de la citoyenneté européenne. C'est alors surtout l'oeuvre du législateur communautaire. En matière de services économiques d'intérêt général comme en matière d'égalité sur les autres fondements que celui de la nationalité, il a conçu une citoyenneté ouverte à tous et ayant pour objet une meilleure inclusion et une meilleure participation des personnes. Cette nouvelle tendance conduit à repenser la politique sociale et à s'interroger sur l'éventuelle ouverture de la citoyenneté européenne à d'autres que les citoyens européens.
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WENTZEL, Joachim. "An Imperative to Adjust? : skill formation in England and Germany." Doctoral thesis, 2009. http://hdl.handle.net/1814/13283.
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Defence Date: 05/12/2009Examining Board: Adrienne Héritier (EUI/RSCAS); Ewart Keep (Cardiff University); Martin Kohli (EUI) (Supervisor); Vivien A. Schmidt (Boston University)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This dissertation deals with education systems and the change observed within them alongside changes in the wider political economy. The research is conducted by way of a comparative case study of England and Germany, two countries which in the Varieties of Capitalism (VoC) literature represent two very different types of economic coordination (thereby making the study conform to a 'most different research design'). Extending the VoC approach, not only vocational education and training but also school education and higher education are analysed, since these two areas contribute decisively to national skill formation. The point of departure is the puzzling fact that the current reforms of the education systems of both countries are departing from the paths predicted by the VoC approach. The thesis thus argues against institutional path-dependency in the two countries, and in favour of an ideational approach based on discursive institutionalism. First, the theoretical chapter (second chapter) of the thesis includes discussions of discursive institutionalism, policy diffusion, and conceptual mechanisms of institutional change, and provides a framework which accounts for path-deviant discourses and reforms. Secondly, a description of the three educational areas in both countries sketches the paths the systems should have pursued if they were to evolve path-dependently. Thereby this chapter serves as a reference point against which recent developments are assessed (fourth chapter). Thirdly, a textual discourse analysis of various White Papers of the British Government formulating policies on skill formation serves to identify visions and aims. The same procedure is applied for relevant policy papers in Germany (fifth chapter). Finally, the translation of visions into concrete policy measures is analysed by focusing on three important reform measures in each country (sixth chapter). On the basis of the policy cycle stages these measures are traced back to their original intentions and are contrasted with the implemented initiatives. This procedure elucidates how reforms match and potentially alter the existing institutional design, how ideas drive educational reforms, and how they resist, 'bend', or even vanish, once they are employed in concrete policy initiatives.
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SCHLOSSER, Pierre. "Resisting a European fiscal union : the centralized fragmentation of fiscal powers during the euro crisis." Doctoral thesis, 2016. http://hdl.handle.net/1814/44566.
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Defence date: 20 December 2016Examining Board: Professor Stefano Bartolini, (EUI - Supervisor); Professor Renaud Dehousse (EUI - formerly at Sciences Po Paris - Co-Supervisor); Professor Henrik Enderlein (Hertie School of Governance); Professor Adrienne Héritier (EUI)
The euro crisis has been an existential crisis for Europe and for its stateless currency. It substantially impacted the institutional evolution of Europe’s Economic and Monetary Union (EMU), making EMU’s rules-based logic tumble and triggering an institutional capacitybuilding. The euro crisis period should therefore be regarded as the most constitutionally relevant post-Maastricht European integration moment. This dissertation claims that the euro crisis management, because it involved the adoption of an array of significant fiscal rules, instruments, mechanisms and bodies, has resulted in the institutionalization of a distinctive fiscal authority in Europe. The convoluted process through which this authority has emerged was characterised by a tension between countervailing forces of centralization and fragmentation. This dissertation hence conceptualizes, documents and interprets the logic of a singular institutionalization process in which new fiscal powers became concomitantly centralized, fragmented and delegated to a series of ad hoc bodies operating in the shadow of newly empowered EMU executive institutions. The centrifugal delegation pattern at play is intriguing because it runs against the classic, pre-Maastricht delegation trend that entrusted the European Commission with newly centralized tasks. The new fiscal centre is instead fundamentally fragmented among three key actors: the Eurogroup, the European Central Bank and the Commission. Indeed, the dissertation has found that despite the emergence of a fiscal centre, the European Union still does not dispose of a formalized and settled fiscal power structure. The main puzzle uncovered by this examination is that while a fiscal authority has been institutionalized, no political EU actor has been able to formally embody and exclusively claim this authority. Going forward, formalizing such a political authority would require some form of constitutional settlement to clarify who is Europe’s fiscal primus inter pares.
Chapter 3 ‘Enhancing EMU’s fiscal arm: towards stronger regulatory surveillance' of the PhD thesis draws upon an earlier version published as an article 'Public finances in Europe: fortifying EU economic governance in the shadow of the crisis' (2016) in the journal ‘Journal of European integration’
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PICCOLI, Lorenzo. "The politics of regional citizenship : explaining variation in the right to health care for undocumented immigrants across Italian regions, Spanish autonomous communities, and Swiss cantons." Doctoral thesis, 2018. http://hdl.handle.net/1814/53404.
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Defence date: 11 April 2018Examining Board: Prof. Rainer Bauböck, European University Institute (Supervisor); Prof. Maurizio Ferrera, University of Milan; Prof. Andrew Geddes, European University Institute; Prof. Liesbet Hooghe, University of North Carolina at Chapel Hill
Over the last forty years, regions in Europe have acquired an increasingly important role in the provision of rights that were traditionally used by states to define the boundaries of national citizenship. Despite this trend, there are still few comparative examinations of what citizenship means for subnational actors, how these affect the provision of rights, and what the consequences of this process are for internal solidarity, the democratic process, and ultimately the constitutional integrity of modern states. These are important questions at a time when ideas about membership and rights within multilevel polities are vigorously contested in courts, legislative chambers, and election booths. Instances of these contestations are the Spanish Constitutional Court’s decision on the legality of subsequent referendums on Catalan secession in 2014 and 2017; the ongoing standoff between the state of California and the American federal government over who ought to regulate the rights of undocumented immigrants; and the Scottish and UK referendums on independence and exit from the European Union, respectively. This dissertation sets out to explain under what conditions, how, and with what kind of consequences some regions are more inclusionary than others in their approach to what citizenship entails and to whom it applies. This is what I refer to as the politics of regional citizenship. The empirical analysis focuses on subnational variations in the realisation of the right to health care for undocumented immigrants in three multilevel states where regional governments have some control over health care and, within these, on pairs of regions that have been governed by either left- or right-wing parties and coalitions: Lombardy (Italy, conservative government from 1995), Tuscany (Italy, progressive government from 1970), Andalusia (Spain, progressive government from 1980), Madrid (Spain conservative government from 1995), Vaud (Switzerland, progressive government from 2002) and Zürich (Switzerland, conservative government from 1991). Evidence is collected via the analysis of over 31 legislative documents and 62 interviews with policy-makers, health care professionals, and members of NGOs. The comparison shows that the interaction of political ideologies at different territorial levels leads to the emergence of contested ideas about citizenship through the use that regional governments make of the distinct traditions of regional protection of vulnerable individuals like minor children, the disabled, and the homeless. The comparison also shows that the structure of the territorial system of the state plays an important role in determining the direction of the politics of regional citizenship. The value assigned to territorial pluralism within a country, in particular, determines whether regional citizenship is developed against the state, as a strategy to manifest dissent and mark the difference—as is the case in Spain and, to some extent, in Italy—or, instead, together with the state, as an expression of multilevel differentiation—as in Switzerland. Importantly, however, regional citizenship does never develop in complete isolation from the state because it always represents an attempt to weaken or reinforce the policies of the central government.
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SCHMIDT-KESSEN, Maria José. "IP competition conflicts in EU law through five judicial lenses." Doctoral thesis, 2018. http://hdl.handle.net/1814/55264.
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Defence date: 21 May 2018Examining Board: Prof. Giorgio Monti, EUI (EUI Supervisor) ; Prof. Urska Šadl, EUI ; Prof. Inge Govaere, College of Europe, Bruges ; Prof. Alison Jones, King's College, London
This PhD thesis deals with IP-competition conflicts and how the EU Courts have addressed them over time. It seeks to answer the question of how the reasoning of EU Courts in these cases has been affected by three crucial evolutionary moments in EU law: (1) the Europeanization of IP law (2) the modernization of EU competition law and (3) the elevation of the Charter of Fundamental Rights of the European Union to a primary source of EU law. The first two chapters provide the theoretical framework of the thesis. The first chapter provides a detailed overview of the three crucial evolutionary moments in EU law mentioned above. The second chapter provides an overview of theories about the legal reasoning of EU Courts and about the different approaches that the courts have adopted when deciding IP-competition conflicts. Five such approaches, or judicial lenses, are identified: an economics, a conflict of laws, a conflict of competences, a constitutional and a private law approach. It is shown that these five different approaches can be linked to the three evolutionary moments at the IP-competition interface in EU law. Chapters three to five trace the theoretical insights from the first two chapters in three case studies on specific business methods having given rise to IP-competition conflicts before EU Courts: (i) selective distribution systems, (ii) digital platforms and restrictions of access, and (iii) lock-in strategies on aftermarkets, in particular in the online environment. The case studies analyse how these comparable factual situations of IP-competition conflicts have been treated on the one hand under EU competition law and on the other under EU IP law. In each case study, the legal reasoning is identified and compared between EU competition and IP law. The main finding in the case studies is that EU Courts treat the spheres of EU competition law and IP law as wholly separate. This has led to quite diverging approaches in comparable cases of IP-competition conflicts depending on whether the cases are brought under EU competition law or IP law, jeopardizing the systemic coherence of EU law and disturbing the CJEU’s dialogue with national ii courts. This situation is not sustainable. In an economic environment where the EU’s economies are increasingly depending on e-commerce and digital assets often protected by IP, IP-competition conflicts are bound to increase. To ensure a legal environment that provides legal certainty and equal conditions for firms to thrive across EU Member States without hurting consumers, a more coherent and improved methodological guidance on how to address IP-competition conflicts is needed. The aim of this thesis is to provide a first step in this direction.
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DE, ANGELIS Andrea. "Bridging troubled water : electoral availability in European party systems in the aftermath of the Great Recession (2009-2014) : an application of Bayesian ideal point estimation." Doctoral thesis, 2017. http://hdl.handle.net/1814/46986.
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Defence date: 21 June 2017Examining Board: Professor Alexander H. Trechsel, University of Lucerne (Supervisor); Professor Hanspeter Kriesi, European University Institute; Professor Russell J. Dalton, University of California, Irvine; Professor David Farrell, University College Dublin
How is electoral competition structured in Europe? This fundamental problem lies at the core of democracy, as popular sovereignty depends on the existence of a real policy choice, and requires the most preferred alternative being selected and implemented (Dahl 1956). However, there is no consensus yet regarding the actual occurrence of this mechanism of responsive electoral competition (Schumpeter 1942). I develop a new empirical design to test whether a structure of electoral competition in Europe actually exists, based on the idea that greater party system polarization should be associated with a smaller propensity for voters to switch between electoral blocks. To do so, I identify two potential loci of electoral competition in Europe: the left-right dimension (Downs 1957; Bartolini and Mair 1990), and the more recently introduced integration-demarcation cleavage (Kriesi 1998; Kriesi et al. 2006). Data from the European Election Survey (2009, 2014) allow the implementation of the novel design in order to study electoral competition in 27 EU member states. For this thesis to empirically address the question of electoral competition in Europe a preliminary, methodological development has to be made. Indices of political polarization are generally produced using survey respondents’ average perceptions of party positions. I show that this approach leads to systematic measurement error: the problem, known as Differential Item Functioning (DIF), depends on the fact that voter perceptions are subjective and cannot be directly compared, neither within nor between countries. To separate the actual polarization from perceptual bias, I develop a two-stage Bayesian Aldrich-McKelvey (2S-BAM) scaling procedure and apply Dalton’s index on DIF-corrected measures of party positions (ideal points) on both dimensions. Results show that when standard DIF-inflated polarization indices are used, left-right ideology seems to be still structuring European electoral competition. However, once the indices are optimized, using party ideal points, the integration-demarcation cleavage gains the upper hand over the left-right dimension in structuring electoral competition in contemporary Europe. Thus, this thesis makes both a methodological and theoretical, as well as an empirical contribution to the literature in this field.
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Watanabe, Lisa. "Securing Europe : European security in an American epoch /." 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR40434.
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Thesis (Ph.D.)--York University, 2008. Graduate Programme in Political Science.Typescript. Includes bibliographical references (leaves 306-335). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR40434
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OLSEN, Espen D. H. "Transnational European citizenship. Tracing conceptions of citizenship in the European integration process." Doctoral thesis, 2008. http://hdl.handle.net/1814/8141.
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Defence date: 08 February 2008Examining Board: Rainer Bauböck (EUI), Richard Bellamy (University College, London), Fritz Kratochwil (EUI) (Supervisor), Antje Wiener (Univ. Bath)
This thesis asks what kind of conception(s) of citizenship that have emerged over time within the European integration process. The starting point for this research aim is a critique of the existing literature on European citizenship. Research on European citizenship has tended to fall into a sceptical strand relying on the nation-state model of citizenship (often called the no demos position) or a more visionary strand which interprets the developments of rights on the EU level as a postnational disconnection of citizenship from nationality. These normative strands have tended to translate the question of 'what should it be?' into factual statements on what citizenship in the EU actually is. This thesis has sought to overcome this through a theoretically informed, yet empirically oriented study of how conceptions of European citizenship have developed. Theoretically, the thesis eschews the typical model approach of citizenship studies. It does so by focusing on citizenship as a status of individuals constituted through four analytically distinct, yet potentially inter-related dimensions: membership, rights, participation and identity. This provides a dynamic theory of citizenship where the appearance of and relationship between dimensions is not settled a priori, but rather needs to be scrutinised in practice. Empirically, therefore, these dimensions are utilised in order to ascertain how citizenship has been conceived on two levels of EU integrative politics. The first level is practices of policy- and law-making, starting with the founding treaties of the 1950s and ending with the post-Maastricht debates on Union citizenship. The second level is three instances of constitution-making importance within European integration: the Spinelli Project of the European Parliament, the Maastricht Process and the Convention on the Future of Europe. Methodologically, the analytical assessment of European citizenship discourse is provided on the basis of a process tracing exercise geared towards highlighting the crucial junctures of appearance, consolidation, and/or change with regard to the concept of citizenship. The main conclusion is that European citizenship discourse has created a conception of transnational citizenship, rather than postnational membership. This is visible on both empirical levels. The inherent transnationalism of European citizenship is found to have been initiated already in the founding ECSC and Rome Treaties. Citizenship elements in early European integration, such as free movement, market participation and, later, membership based on nationality in a Member State, created a frame upon which ensuing conceptions of citizenship developed. There were proposals for alternative conceptions based on a stronger notion of a more free-standing European status, for instance in elections to the EP, and more radical ideas of membership through dual European and national citizenship within constitution-making instances. Such proposals did, however, not significantly alter the conception of European citizenship as articulated around the border-crossing of Member State citizens. As much as this has highlighted - against the no demos view - that issues of citizenship are not incompatible with institution building and policy-making 'beyond the nation-state', it is also clear that one cannot detect a significant dissociation of citizenship and rights from nationality, as professed by postnationalists. Citizenship has evolved - mainly within policy practices - as a significant status of individuals within European integration through a transnational 'right to have rights' in second countries. Constitution-making instances have on the whole contributed to a consolidation of the basic tenets emanating from policy practices, rather than producing radical 'constitutional moments' of EU citizenship politics. The conceptual path of European citizenship discourse has, therefore, brought forward a conception based on a core principle of 'no rights without movement'; where elements such as political rights on the European and Member State levels, personhood as an additional condition for access to rights, and residence rights have been added as a consequence of evolving policies and practices of European integration.
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BOUWEN, Pieter. "Gaining access to the European Union: a theoretical framework and empirical study of corporate lobbying in the European Union." Doctoral thesis, 2002. http://hdl.handle.net/1814/5238.
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Defence date: 27 May 2002Examining board: Prof. Adrienne Héritier (Max Planck Project Group on Common Goods, co-supervisor) ; Prof. Philippe Schmitter (EUI) ; Prof. Wolfgang Streeck (Max Planck Institute for the Studies of Societies) ; Prof. Daniel Verdier (EUI, supervisor)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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MENDES, Joana. "Rights of participation in European administrative law : a rights-based approach to participation in rulemaking." Doctoral thesis, 2009. http://hdl.handle.net/1814/12019.
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Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2010.Defence date: 16 March 2009
Examining Board: Loïc Azoulai (University of Paris II); Paul Craig (St. John's College, Oxford); Bruno De Witte (EUI); Jacques Ziller (Supervisor, former EUI and University of Pavia)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This dissertation critically assesses the current scope and meaning of participation rights in European administrative law and proposes a different normative solution to the problem of the procedural protection of rights and legally protected interests. The analysis of the Courts' case law on this matter demonstrates that their view on participation rights is determined by a bilateral conception of the procedure which involves the decision-maker and the decisiontaker and justifies the latter's right to be heard. All extensions of this right endorsed by the Courts' case law fall within the realm of this basic construction. Likewise, the exclusion of participation rights from rulemaking procedures is a consequence of this basic approach to participation rights. It is defended that the structural scheme within which the European Courts conceive participation rights prevails over the consideration of the substantive adverse effects that may be produced in the legal sphere of legal and natural persons. It is defended that this status quo is too restrictive and overlooks the procedural protection of rights and legally protected interests where this would be justified. An extension of the scope of participation rights is thus proposed. The solution defended is grounded on a concept of participation, built on the basis of rationales of participation that can be derived from the Courts' case law as well as from rules and principles of national laws, and is framed by the concept of legal administrative relationship, which was developed in national administrative law. The solution proposed is deemed to be more consonant with the rule of law, as well as with specific features of European administrative law (in particular with the characteristics of European normative acts and with the centrality of the individual conveyed by principles of European law). This study consists of two parts. First and foremost, it is an interpretation of the Courts' case law regarding participation rights, as well as of selected relevant legal provisions covering this matter. For this purpose, this interpretation combines the literal, teleological, historical and systematic elements of interpretation. The theoretical conceptions that frame the critical analysis of the Courts' stance are grounded on rules, principles and theories found and developed in selected national legal systems. These contribute to a better understanding of participation rights from a de lege lata perspective because they have inspired some of the current features of European administrative law on this matter. Furthermore, they are capable of providing a valuable second level of analysis to critically assess the current status quo. Secondly, this dissertation includes a study of those forms of participation that exist in the EU political system and that do not constitute legally enforceable rights and duties. These demonstrate that participation is a constitutive feature of the EU political system. Moreover, this permits to consider other meanings of participation, which are not fully deprived of legal meaning, to contrast them with the rights-based approach to participation proposed in this dissertation, as well as to demonstrate the little attention given to rights-based participation in European decision-making.
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ROUSSEVA, Ekaterina. "The application of Article 82 EC to exclusionary abuses : evolution or revolution?" Doctoral thesis, 2008. http://hdl.handle.net/1814/13166.
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Defence date: 04 July 2008Examining Board: Mr. Giorgio MONTI, London School of Economics Professor Ernst-Ulrich PETERSMANN, EUI (supervisor) Professor Heike SCHWEITZER, EUI Professor Richard WHISH, School of Law, King’s College London
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The present thesis explores the application of Article 82 to exclusionary abuses throughout the history of the Community Courts’ jurisprudence with the purpose of identifying the evolution and the outstanding problems in the case law. Armed with this knowledge the thesis then considers options for reforming the current application of Article 82 to exclusionary abuses so that the interpretation of the provision accommodates modern economic theories and that it applies in the interest of consumers. The thesis seeks to answer the question of whether a 'soft' reform can attain these objectives, or whether there is instead a need for a more revolutionary approach.
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BOUCON, Lena. "EU free movement law and the powers retained by member states." Doctoral thesis, 2014. http://hdl.handle.net/1814/34842.
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Defence date: 12 December 2014Examining Board: Professor Loïc Azoulai, European University Institute (Supervisor); Doctor Julio Baquero Cruz, European Commission; Professor Michael Dougan, Liverpool Law School; Professor Joseph H. H. Weiler, European University Institute.
The intention of my thesis is to shed light on a technique of integration implemented by the European Court of Justice described as 'power-based approach.' Frequently neglected and overlooked, it is distinct from the ECJ traditional rights-based approach. It materializes in a specific range of free movement cases where Member States are suspected of having impinging on the free movement principle – understood as encompassing the four economic freedoms and EU citizenship – when they exercise what the Court deems as being their retained powers. A variety of fields are concerned, such as nationality, direct taxation, social security, or education. My overall claim is that the power-based approach contributes to defining and shaping the contours of the relationship between the European Union and its Member States, of EU interstate relations and, ultimately, of Union membership. I start with an attempt at deconstruction to identify the defining features of the cases concerned by this approach: (i) they revolve around the structural notion of power; (ii) the applicability of the free movement principle stems from the disjunction of the scope of application of EU law from the scope of EU powers; (iii) the settlement of the conflicts at hand amounts to a 'mutual adjustment resolution,' which consists in putting limitations on the exercise of the powers retained by Member States, while the Court itself tends to soften its own approach to protect national autonomy. I then proceed with an effort at reconstruction. First, I identify the jurisdictional implications of the power-based approach. Next, I look into its implications for membership of the Union. Lastly, I provide an overall critical and structural reassessment. I show that the silence of the Court regarding the rationale behind its approach has the effect of weakening its legitimacy and its authority. I finally identify its resulting structural model.
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RUBIO, GRUNDELL Lucrecia. "The dynamics of securitisation and de-securitisation in the European Union's anti-trafficking policies : the case of trafficking in women for sexual exploitation." Doctoral thesis, 2018. http://hdl.handle.net/1814/59797.
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Defence date: 19 November 2018Examining Board: Prof. Rainer Bauböck, European University Institute (Supervisor) Prof. Donatella Della Porta, Scuola Normale Superiore Prof. Emanuela Lombardo, Universidad Complutense de Madrid Prof. Jef Huysmans, Queen Mary, University of London.
The aim of this thesis is to analyse the triangular dynamics of securitisation and desecuritisation underpinning the European Union’s policies against trafficking in women for sexual exploitation. Drawing on two main bodies of literature: critical security studies and feminist insights into prostitution and trafficking, it sheds light on the growing tendency of the European Union to conceptualise and address trafficking in women for sexual exploitation as a security issue, and on the distinct and competing approaches that coexist within feminist struggles against such trend, which largely follow the opposing views that structure feminist debates on prostitution: an abolitionist stance that is articulated predominantly from inside the European Union’s institutions and a sex-work approach that is defended mainly from outside. The fundamental contribution this thesis makes is to show that the European Union’s securitising tendency and the abolitionist ideals defended therein are not antithetical but inextricably linked. By means of a Critical Frame Analysis of the Union’s internal security, gender and sexuality and anti-trafficking policies, I show that the evolution of trafficking in women for sexual exploitation as a security issue within the Union’s Area of Freedom, Security and Justice, and its evolution as a form of violence against women in its gender equality and sexual diversity policies are inextricably linked, and that this link is central to its securitisation. I start from the premise that trafficking in women is securitised by ‘contagion’, that is, by being conceptualised and addressed as an epiphenomenon of organised crime, irregular migration and prostitution. The key mechanism enabling this ‘contagion’ in the European Union is spillover of the internal market into a project of internal security; a spillover that is itself the result of a process of securitisation in which terrorism, organised crime and irregular migration are linked and depicted as threats to the internal security of the Union. The inclusion of human trafficking as a form of organised crime and irregular immigration in such a continuum is, therefore, what allows trafficking in women for sexual exploitation to be securitised as a result.
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CHITI, Edoardo. "Le agenzie europee." Doctoral thesis, 2000. http://hdl.handle.net/1814/4598.
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GAROT, Marie Jose. "La citoyenneté de l'Union : de la liberte de circulation a une démocratie euroéenne." Doctoral thesis, 1997. http://hdl.handle.net/1814/4632.
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Defence date: 26 June 1997Prof. Olivier Audéoud, Université de Nancy II ; Prof. Massimo La Torre, Institut Universitaire Européen (superviseur) ; Prof. Francisco Rubio Llorente, Université Complutense de Madrid ; Prof. Francis Snyder, Institut Universitaire Européen
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017