The penal codes of a number of countries having ratified the Convention on Cybercrime signed in Budapest in 2001, or bound by Directive 2013/40/EU, contain provisions which criminalize certain acts directed at information systems or computer data. The definitions of the concept of "system" provided in the Convention and the Directive are examined in comparison with the corresponding terms and notions used in the penal codes of France, Germany, Austria and Hungary.
Mariot, Nicolas; Rowell, Jay
This paper seeks to explore the problems and potentialities of asymmetrical historical comparison by examining visits by heads of State to the provinces in Germany and France on the eve of WW I. This act of political legitimisation and representation is analysed through the lens of the practical organization of the event understood as an administrative routine, thereby bringing into question many of the categories routinely mobilised to describe and to oppose two models of national integration.
2011 and subsequent years are available on the EUCE website
Information supply is an important instrument through which interest groups can exert influence on political decisions. However, information supply to decision-makers varies extensively across interest groups. How can this be explained? Why do some interest groups provide more information than others? I argue that variation in information supply can largely be explained by organizational characteristics, more specifically the resources, the functional differentiation, the
professionalization and the decentralization of interest groups. I test my theoretical expectations based on a large new dataset: Using multilevel modeling, I examine
information supply to the European Commission across 56 policy issues and a wide range of interest...
The Treaty of Lisbon has altered the institutional mechanism of the European Union. The introduction of formal hierarchy of legal acts has important implications for the balance of
power among the EU institutions. This paper argues that the Commission is likely to enjoy some discretion in delegated lawmaking while remaining in the shadow of the legislators’
activism. The Commission has also successfully positioned itself to diminish the influence of comitology committees on the adoption of implementing acts, though a new layer of
complexity was added. The possible outcomes of this new institutional battle are analysed in the context of the new challenges to...
Van Den Brink, Martijn
Introduction: Despite the abundant literature on reverse discrimination, our understanding can and must be refined. By and large, my argument differs in three respects from currently prevailing ideas. Most importantly, we need to come to realise that we have used one term – reverse discrimination – to describe three different phenomena. This conceptual confusion has blurred our understanding of reverse discrimination. There are three different causes of reverse discrimination, which need to be described and examined separately. The widely ignored distinction between different forms of reverse discrimination has produced too categorical normative views, either defending or dismissing reverse discrimination in...
Duyulmus, Cem Utku; van den Berg, Axel
An interdisciplinary literature demonstrates that lone-parent families confront the new social risks as an overwhelmingly feminized group and have a higher risk of poverty. Recent research also demonstrates cross-national differences in single-parent poverty and emphasizes the role of social policy settings in various welfare states in shaping the economic security of single-mother families. How do welfare regimes in Europe respond to new social risks such as increasing income insecurity of lone-parent families? This research examines the redesign of social policies to respond to the new risk structures by focusing on the situation of lone parents in Netherlands as an empirical...
Reverse discrimination – whereby member states may treat their own nationals worse than nationals of other member states by invoking a “purely internal situation” in which European law does not apply – has long been a problem within the European Economic Community turned European Union. Using as a touchstone the Zambrano case, to be decided shortly, this paper argues that introducing citizenship alters the status of individuals vis-à-vis their governments, implies equality of treatment among citizens, and should eliminate reverse discrimination. Raising examples from the United States and Canada, I show how the introduction of federal rights empowered individuals and...
Kaeding, Michael; Hardacre, Alan
The history of comitology – the system of implementation committees that control the Commission in the execution of delegated powers – has been characterised by institutional tensions. The crux of these tensions has often been the role of the European Parliament and its quest to be granted powers equal to those of the Council. Over time this tension has been resolved through a series of inter-institutional agreements and Comitology Decisions, essentially giving the Parliament incremental increases in power. This process came to a head with the 2006 Comitology reform and the introduction of the regulatory procedure with scrutiny (RPS). After...
Kelemen, R. David; Pavone, Tommaso
This article constitutes the first systematic effort to analyze the subnational practice of European Union (EU) law across time and space. We derive eight empirically falsifiable hypotheses about the spatio- temporal structure of EU litigation from the extant literatures on European legal integration and policy diffusion and assess their ability to explain temporal and spatial variation in the use of the preliminary reference procedure by Italian courts. We then provide a series of empirical assessments of these hypotheses. We begin with a description of the spread of preliminary references across Italy from 1957 through 2013. We then conduct a series...
Discourse analysis as a methodology is perhaps not readily associated with substantive causality claims. At the same time the study of discourses is very much the study of conceptions of causal relations among a set, or sets, of agents. Within Europeanization research we have seen
endeavours to develop discursive institutional analytical frameworks and something that comes close to the formulation of hypothesis on the effects of European Union (EU) policies and institutions on domestic change. Even if these efforts so far do not necessarily amount to substantive theories or claims of causality, it suggests that discourse analysis and the study of...
This paper examines the policy effects of multilevel regulation in Europe. It finds that the extent to which negative integration effectively narrows the range of policy options available domestically tends to be overstated. Drawing on empirical evidence from EU-induced reform in
electricity supply and postal delivery, the paper illustrates that liberalisation and institutional reorganisation may lead to relatively little policy change. Although a lack of centralised regulatory capacity at the European level is identified as a key explanatory factor for the cases studied, the findings also point to the relevance of sector specificities and the role of exogenous drivers of change.
The day after his February 12, 2013 State of the Union address during which he advised members of the U.S. Congress and the American people of his administration’s plan to initiate talks on a comprehensive transatlantic economic relationship with the European Union (EU), President Barack Obama, along with his EU counterparts—the European Council’s President Herman Van Rompuy and the European Commission’s President Jose Manuel Barroso—jointly announced their intention to launch negotiations on a Transatlantic Trade and Investment Partnership (TTIP). Already the world’s two largest economies with regard to their share of global economic output, trade, and foreign direct investment,...
The current negotiations of the Transatlantic Trade and Investment Partnership Agreement have been welcome by many as another opportunity to boost economic growth on both sides of the Atlantic, by abolishing barriers to trade, enhancing regulatory convergence and fostering mutual trade flows. Others however have been far more sceptical: in the United Kingdom the debate has been particularly fierce and polarised, as the TTIP has increasingly been regarded as a factor potentially accelerating the process of ‘privatisation by stealth’ of the systems for the provision of state funded health care in the Member States. In the United Kingdom, the...
This paper is an attempt to connect the internal and the external aspects in the transformation
of citizenship, building on Christian Joppke's hypothesis on the 'lightening of citizenship'.
Taking social policy developments in the EU as an example, the paper contends that
lightening of citizenship entails universalization and lightening of social policy. It also highlights
the leading role of the CJEU in this transformation.
Substantially, we argue that universalisation and lightening of social security corresponds
to functional requirement of the internal market and the increasingly diversified life
career of its citizenry. In this regard, 'lightening' should be conceptually separated from mere
'retrenchment'. This direction has been augmented by...
Since the September 2001 terrorist attacks, transnational activities of security agencies have
been expanded considerably. In parallel, with the establishment and extension of the Area of
Freedom, Security and Justice, the European Union has become an important player in this
field – even more so since the full integration of the policies related to policing, security and
justice into the EU framework with the Treaty of Lisbon.
The paper analyses, from a trans-disciplinary legal and political science perspective, the role
that European courts play in the regulation of such kinds of transnational security activities.
With the European Convention on Human Rights, the EU Charter of Fundamental Rights...
De Wilde, Pieter
This study provides an empirical comparative case study of representative claims-making in EU budget negotiations. Two questions are addressed in this paper. First, the paper asks what the role of elected or appointed partisan politicians is in comparison to other representatives. This question is relevant given the reported increasing importance of non-elected representatives. Secondly, the paper asks what the influence of institutional factors is on the practice of representative claims-making. As representative claims-making unfolds in the public sphere, the institutional factors of the public sphere may affect both the claimants it provides a platform for as well as constituencies represented....
Two very different cases decided by the European Court of Human Rights illustrate how the non-availability of sufficient reasons, for pre-trial judicial decisions in one case, and for a decision in a civil and administrative matter in the other, can lead to due process violations in terms of Articles 5 or 6 of the Convention of Human Rights and Fundamental Freedoms.
The change in the legal status of third country nationals who are long term EU residents in
Community law coupled with the growing powers of the Community in the field of immigration beg
for a fundamental reinterpretation of Article 12 EC. The narrow reading of the term ‘nationality’ in
Article 12 EC limiting it to the nationalities of the Member States for the purposes of Community law
seems to be impermissible given the growing number of third country nationals falling within the
scope of Community law to whom the article should potentially apply. Given that Directive
2003/109/EC does not outlaw nationality discrimination the non-application of Article...