EU Approach Research Articles

Not wholly belonging: British planning’s uncertain European connections

ABSTRACT This article takes a long view of British planning’s connections with continental Europe, locating Brexit within historic uncertainties about the country’s international outlook, interests and position. In 1948, Churchill portrayed Britain at the intersection of three ‘great circles’: the British Empire, the wider English-speaking world (principally the USA) and Europe. This notion is drawn on to show how the strong earlier European links of British planning were seriously disrupted or severed by twentieth-century wars. These drew both country and planning approach closer to its ‘distant friends’ within the other ‘great circles’. As former imperial ties faded and the USA relationship became less special, Britain looked again to Europe but without shedding these habitual links. Even after Britain joined the European Communities in 1973, its strongest international planning connections remained with the USA and its former Empire and Dominions. In the 1990s, the EU promoted spatial planning but Britain remained largely aloof until the ‘New Labour’ governments of 1997–2010. Yet growing Euroscepticism saw this relative enthusiasm fade, with Brexit reviving uncertainties, now about whether EU approaches should be jettisoned and a more deregulated planning system created. The article predicts (or at least hopes) that current anti-Europe thinking will itself fade.

NATO AND EU STRATEGIC REVISION. CONTEXTUAL FACTORS BEFORE AND AFTER THE RUSSIAN – UKRAINIAN WAR

The present paper approaches the significant contextual aspects in which 2022 NATO and EU strategic revision process is taking place. The study premises that Russian unjustified military aggression on Ukraine and the subsequent security challenges for the European security environment are only the most recent, visible, and implicitly, attention catching ones, and that the background of the current strategic revision of both NATO and the EU is wider and marked by the succession of internal and external crises in the last decade. However, despite the need to approach all these challenges, Russian invasion of Ukraine has a key role in these organizations’ strategic revision, as it can be considered a wake-up call, an undeniable proof that both NATO and EU have to adapt their role in the regional and international security context. Through this rather descriptive approach, this paper is meant to bring to attention the complexity of the current international and regional context, shaping NATO and EU strategic revision. Also, we will argue that one of the main challenges that are to come after this revision will consist in dealing with NATO-EU relation in the best possible manner. In order to do so, the argumentation will be built departing from the general regional context, taking in consideration both internal and external trends, continuing with the origins and signification of NATO and EUstrategic revision. This will be the basis on which we intend to reveal some of the challenges of NATO-EU relation and how this relation was impacted by the unjustified Russian military aggression on Ukraine. The argumentation capitalizes recent events with relevance for NATO and EU approach to security and is built on inputs from the level of population perception on NATO and EU, as well as from national foreign politics and trends specific to the organizations themselves. Given that this paper was written before NATO actually published its 2022 Strategic Concept, the author will mostly capitalize on EU’s official documents and, implicitly, on EU’s perspective. The study concludes that despite the highly conflict-prone context, there is also a favourable ground not only for the EU to progress in its military dimension, but also for doing this in full coordination with NATO, avoiding duplications.

The Consumer Protection Approach in Kazakhstan

Abstract The paper explores current theoretical and practical challenges on the way to improve consumer protection in Kazakhstan in the existing environment. Kazakhstan consistently implements reforms to improve the national consumer protection system, given the growing public demand for better quality services in many areas of life. The entire consumer protection system is now being restructured to secure consumer rights based on here and now principle. Theoretical conclusions and proposals for improving consumer protection legislation and law enforcement practices were based on the research findings. More specifically, new administrative, judicial, blended protection approaches, enhancing consumer protection efficiency, were suggested following generalization of European practice. The study revealed common EU approaches to transition from the conventional administrative approach to a blended consumer legal protection approach. The research findings suggested that consumers may be protected only with the effective cooperation of all state bodies and consumer organizations.

The EU Sustainable Finance Framework in Light of International Standards

ABSTRACT This paper analyses the relationship between the EU sustainable finance legal framework and the most common international environmental, social, and governance standards. We find that standards included in the EU sustainable finance legal framework partly overlap with the international environmental, social and governance standards, while diverging as to the details. This overlap creates frictions, given that financial service providers need to decide which of the overlapping, yet partly diverging, standards they apply. The EU environmental taxonomy presents unique features and a higher level of sophistication when compared to the international environmental, social and governance standards. This may result in both upsides and downsides. On the upside, the EU sustainable finance legal framework could function as a pacemaker and facilitate impact measurement across the industry, while on the downside, we see additional costs for firms and resistance against the granular EU approach. At the same time, the EU sustainable finance legal framework lacks details on the social and governance dimensions. Here, reference to the international standards compensates for the lack of an EU social and governance taxonomy. While this allows for alignment of EU and international social and governance-oriented investors, a greater degree of sophistication at the EU level could enhance the potential for impact measurement—a particularly important aspect for socially sustainable investments.

Building resilient supply chains in uncertain times: a comparative study of EU and ASEAN approaches to supply chain resilience.

Amid rising uncertainty in the global economy and unprecedented economic disruption caused by the COVID-19 pandemic, the concept of supply chain resilience has gained increasing popularity in ASEAN and the EU. However, by comparing their paths to resilient supply chains, this article argues that while both organizations regard resilience as a departure from past doctrines of pure economic efficiency, each has a different understanding of and approach to supply chain resilience. While for ASEAN, supply chain resilience is meant to reconcile inward- and outward-looking dimensions to support ASEAN competitiveness, within the EU, resilience is associated with the search for strategic autonomy with an internal focus. Despite these differences, both groups regard sustainability and digital transformation as crucial components of supply chain resilience, which they see as a way to enhance their economic cooperation and strategic partnership.

ANALYSIS OF THE LEGAL INSTRUMENTS OF THE EUROPEAN UNION REGULATING ITS LEGAL STATUS IN THE WORLD CUSTOMS ORGANIZATION

A task. To systematize and analyze the EU legal instruments and tools developed by authorized European institutions in connection with the consideration of an application for membership in the World Customs Organization. Conclusions. The research article is devoted to the issue of the EU legal status in the WCO and the use of the EU precedent for the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions) in terms of joint actions with Member States aimed at obtaining the Union's membership status in the WCO. The subject of the study is the EU approaches to the legal status in the WCO; explanatory memorandum of the European Commission on WCO membership; Council decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim; Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council. The analysis of the EU legal instruments in relation to the WCO membership can be used to develop legal tools for the Eurasian Economic Union (EEU) to obtain the status of the WCO member in the course of implementing the Strategic Directions. Social Consequences. Conducting a study of the legal status of customs and economic unions in the WCO is associated with the implementation of paragraph 11.7.5. of Strategic Directions in terms of cooperation with this international organization. Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC), and can be used by specialists from customs and other executive authorities in the EEU member states, EEC experts to organize and implement mutually beneficial customs cooperation between the EEC and the WCO. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EU, the WCO and is the result of a comprehensive study of the issue of the legal and organizational basis for obtaining the WCO member status by economic and customs unions.

Artificial intelligence and human rights: What is the EU’s approach?

Threats posed to human rights by the rapid development of artificial intelligence (AI) are considered, along with some potential legal mitigations. The active efforts of the EU in the field of AI regulation seem particularly relevant for research considering its approach centred on citizens’ rights. Thus, the present study aims to describe the key features of the EU approach to regulating AI in the context of human rights protection, as well as identifying both its achievements and deficiencies, and proposing improvements to existing provisions. The presented analysis of the proposed AI Act pays special attention to provisions that set out to eliminate or mitigate the main risks and dangers of AI. The currently intensive development of AI regulation in the EU (the Presidency Compromise Text presented by the Council of the EU, amendments of the European Committee of the Regions, opinions of interested parties and human rights organisations, etc.) makes this study especially timely due to its highlighting of problematic aspects. The analysis shows that, on closer examination, the proposed law leaves many sensitive and controversial issues unsettled. In the context of AI applications, the proposed solution is considered as an emergency measure in order to rapidly integrate purportedly trustworthy AI into human society. As a result of the analysis, the authors propose potential improvements to the AI Act, including the possibility to update the lists of all types of AI, clarify the concept of transparency and eliminate the self-assessment procedure. It is also necessary to consider the potential reclassification of some AI systems currently defined as presenting limited risk as systems presenting considerable risk or prohibited systems.

Reverse-Payment Settlements Under EU and US Patent Law: Convergence in Remedies

Abstract This paper investigates the existing case law on reverse-payment settlements from a comparative perspective, focusing on the US and EU panoramas. In this respect, we will illustrate the emergence of patent-related proxies in the anticompetitive assessment, which contaminate the antitrust benchmarks in a problematic way, with the effect of hampering patent law and policy. Primarily we will delve into seminal decisions in the EU framework. In this regard we will observe how the Court of Justice of the European Union (CJEU) shifted from a quick-look approach towards a case-by-case antitrust analysis of patent settlements, progressively neglecting, but not eliminating, patent-related presumptions. Then we will look at the fragmented US case law scenario. We will explore the various benchmarks deployed to challenge these agreements, highlighting the differences and similarities with the EU approaches. It will be concluded that a strong IP-law-based perspective about these agreements has arisen in both legal systems. This perspective orientates the anticompetitive assessment through quasi-absolute presumptions, hindering the consistency of competition law remedies and misrecognising the cruciality of patent law and policy. Therefore, we will try to outline that the intermingling of criteria adopted to scrutinise reverse-payment settlements and similar over-exclusionary strategies is pernicious under both antitrust and patent law.

Analysis of NATO and EU Approaches to Capability Planning and Potential Alignment of National Planning Processes

The article presents a summary of analytical outcomes aimed at mapping current NATO and EU approaches to capability planning and their impact on national planning processes, which were carried out by security and defence institutions. The outcomes point out the fact that significant number of NATO nations and EU member states are using approaches to capability planning which reflect specifically national strategic objectives. It is of note that no country has implemented procedures that could be considered as standardised in terms of a single planning process within NATO or the EU. On the other side, analyses point out the fact that NATO and EU planning processes can be hardly expected to be unified in the short term. Nevertheless, NATO and EU member countries should pay close attention to the outputs of their national planning processes in order to comply with the single set of capability requirements as implemented in the relevant NATO and EU planning processes.

DEVELOPMENT OF THE CONCEPTUAL MODEL OF IMPLEMENTATION OF THE STATE STRATEGY OF COMMUNICATION WITH REALIZATION OF EUROPEAN INTEGRATION APPROACHES

The article examines the aspects of the conceptual model of state communication strategy (SCS), which implements the approaches of European integration. Tasks to be solved by SCS are established. They include, in particular, a decrease in the lack of information in society, the lack of communication between communities and each citizen, ignorance of the direction of current political processes, and a decrease in the level of social tension. The main goal of the conceptual model of this strategy was formulated. This is the unity of society on the way to overcoming threats, reducing society's level of public anxiety, fear of taking responsibility for actions, for the protection of the country and public good, and to use all the mechanisms and tools provided by European integration. The importance of the formation of reliable feedback and the introduction of a self-regulatory process is indicated. Defects in the communication process have been identified, and SCS must be directed to correct them. A structural diagram of a conceptual model of the implementation of SCS with the realization of EU approaches was developed using a system approach. The developed scheme should become a methodical basis for the construction of SCS, which implements the approaches and basic principles of European integration under the conditions of discrediting the work of the aggressor. It is indicated that the conceptual model should take into account the need for external communication. For this purpose, it is necessary to improve the contractual basis between Ukraine and the EU in the sphere of security policy. The main paradigm of external communication which consists of the need to form a synergy of all public strata in the formation of information influence on the outside world for the implementation of cooperation policy and reduction of common threats has been revealed. The creation of a synergistic effect should be the result of SCS implementation.

Brexit coping strategies of the Baltic states

ABSTRACT The Baltic states historically have overlapping geopolitical, economic and security interests. Relying on interviews with officials and document analysis, this article examines how Estonia, Latvia and Lithuania reasoned and behaved during the United Kingdom’s exit from the European Union (Brexit). Our research used a triple-core conceptual approach. First, based on Wivel and Thorhallsson’s conceptualization of small state strategies, we demonstrate that the three countries followed shelter seeking and hiding strategies as they sought to be neutral on issues not in their immediate interests for the sake of EU-27 unity, while simultaneously coordinating and aligning their positions with the other EU countries on the issues that were their primary concerns. Second, to explain Baltic choices, the article uses March and Olsen’s conceptualizations and concludes that they were bound by the logic of appropriateness – conformed with the EU approach, because of the commonality of problems with the other EU-27 member states and the European Commission’s style of leadership. Third, the research revealed that Brexit reinforced the Europeanization process, but there was little evidence of continued Europeanization in foreign policy after Brexit.

Responding to the global disorder: the EU's quest for open strategic autonomy

ABSTRACT This article traces the emergence of a novel interpretive platform in EU politics, one that understands that an array of post-Great Recession changes in the global political economy are calling for a reassessment of the EU's long-established approach to globalisation. The article argues that this rethinking is organised around the concept of “open strategic autonomy”, by which is meant an endeavour to reduce the EU's external dependencies in a range of critical sectors. The article identifies the conceptual bases that inform the quest for strategic autonomy by examining the reforms prompted by this quest in industrial, competition, trade, digital, financial and defence policy. A conclusion arising from the analysis is that the relationship between European integration and global capitalism does not only concern the external policy domains of the EU, but also internal ones, in fact having key implications for the political economy of state intervention at the EU level.

A Glass Half-Empty or Half-Full? An Assessment of the Labour Provisions in the CAI from Chinese and European Perspectives

Abstract The EU-China Comprehensive Agreement on Investment (CAI) presents a balancing act in labour rights protection. For the EU, labour rights protection constitutes an integral part of every trade and investment agreement it negotiates. China rarely includes labour provisions in trade and investment agreements. This article discusses current EU and Chinese approaches to integrating labour rights in trade and investment agreements, then introduces the provisions included in the proposed text of the CAI, and finally compares the proposed provisions in the CAI to the current approaches of the parties, focusing on five issues: international commitments, domestic labour regulation, dispute settlement, cooperation and stakeholder engagement. The article finds that from a European perspective, the CAI might represent a step back, while from a Chinese perspective, it might represent a step forward.

Space Traffic Management and Space Situational Awareness: The EU Perspective

The article aims to provide a brief analysis of the EU approach on Space Traffic Management (STM), with a focus on the European Commission and the High Representative for Foreign Affairs and Security Policy (EC-HR) Joint Communication of 15 February 2022. After some references to the relevant international and EU legal framework, the Joint Communication will be examined, taking into account the definition of STM as well as the main policy actions and regulatory measures (a blend of binding and non-binding ones). This approach will be compared with other possible levels of intervention, such as international governance (a possible International Civil Aviation Organization - ICAO model), national law (as envisaged by the US in Space Policy Directive No. 3 of 2018) or self-regulation. The EU regulatory approach to STM seems to replicate the modus operandi adopted in other policy areas (such as climate change and digitalization). Issues concerning the legal basis of future EU secondary legislation on STM, however, cannot be overlooked. The emphasis on EU strategic autonomy and security issues linked to STM shows an increasing awareness in EU institutions of the Union’s geopolitical role. Space Traffic Management, Space Situational Awareness, European Union, Joint Communication of 15 Feb. 2022, regulatory approach, legal basis

So much promise, so little delivery: evidence-based policy-making in the EU approach to migrant smuggling

ABSTRACT The 2020 New Pact on Migration and Asylum confirmed the continuity of the EU and its Member States’ largely repressive approach to migrant smuggling. Over the last few years, evidence-based inputs coming from the local level – and particularly from actors responsible for the implementation of anti-smuggling measures – have led to the assessment and review of the related EU penal framework. Yet, notwithstanding the emergence of several critical elements, calling for a re-definition of such framework – such as migrants accused of being smugglers and the criminalisation of humanitarian actors –, policy outputs have not altered the existing legislation. By disclosing the interactions between policy-makers, in a bottom-up perspective, this article explores the role of evidence in the (failed) reform of the EU framework, with a view to contributing to a new institutionalist understanding of the EU politics of evidence-based migration policy-making.

The regulation of RegTech and SupTech in finance: ensuring consistency in principle and in practice

PurposeThe paper’s aim is to consider how best to formulate sturdy regulatory frameworks for RegTech and SupTech. The paper appraises how key features of EU and UK regulatory and policy initiatives can contribute to a functional framework for RegTech and SupTech.Design/methodology/approachThe paper refers to the most comprehensive empirical findings within the EU and the UK on RegTech and SupTech, including reports released by the European Banking Authority and the Bank of England. As data is only gradually becoming available about the true rate of adoption of RegTech and SupTech, the paper identifies salient areas that warrant analysis from emerging findings. In light of the relatively restricted sources of empirical data, the article’s methodological approach is directed towards the most wide-ranging and detailed sources that are currently available at EU and UK levels.FindingsThe paper reveals distinct variations in how the EU and UK have pursued regulatory approaches towards RegTech and SupTech growth. However, there are many shared features in the respective approaches. The paper argues that a regulatory framework should ideally be imbued with overarching strategies and policy objectives, as well as with practical measures through innovation facilitators, such as sandboxes. Yet, legislative (top-down) intervention will be the significant ingredient in guaranteeing legal clarity for RegTech and SupTech.Originality/valueBy understanding the nuances in EU and UK approaches, the paper advocates for pragmatic reasoning when formulating a regulatory response. The importance of the article is in its focus on the elements of EU and UK regulatory approaches that are most capable of guaranteeing clarity on standards relating to RegTech and SupTech. The paper makes a vital contribution to existing commentary by determining how a balance can be struck between “top-down” and “bottom-up” types of regulation (i.e. should regulation be entirely concerned with industry-driven standards, such as codes of conduct?).

European Union Energy Security: Constructing a “Shelter” for Small States’ energy security preservation

Energy security has been one of the most important issues in the European Union over the past few years. Although the debate has focused primarily on the approach of the main EU powers, this research aims at studying the impact of small Member States’ size on their energy security in the EU. Then it provides proposals to safeguard the energy security of EU small countries by providing a comprehensive interpretation of the term alliance in shelter theory. Applying the composed “smallness” index and the quantitative method, the results imply a direct relationship between the small states’ size and energy security in the first step. The study shows that such a relationship cannot be proven in non-small States. Although the EU has tried to strengthen collective energy security in Member States, such differences show that complementary policies are needed to ensure energy security in small countries. Given an extensive interpretation of “alliance” in shelter theory, this research proposes deep integration of the small states’ energy infrastructure in order to ensure their energy security. In the aftermath of the Russian invasion of Ukraine, where the EU’s energy security, especially in the small states, is more fragile than ever, adopting such a policy seems more vital.

EU Anti-Russian Sanctions in the Sphere of Export Control and Dual-Use Goods Circulation in 2014–2022

The research features the theoretical (legal) and practical aspects of EU’s export control over the dual-use goods circulation as a sanction measure against Russia in 2014–2022. It gives a brief overview of the common EU approach to the dual-use goods export control. The authors focus on the special sanctions regime against Russia in this sphere, i.e., its legal basis, content, development, and implementation. The article introduces a comparative analysis of restrictions in the sphere of dual-use goods circulation before and aſter the tightening of EU sanctions in February-March 2022. The theory is illustrated by several court cases against individuals suspected of violating the sanctions regime. Based on the available EU statistics for 2013–2021, the authors analyzed the impact of the sanctions on cooperation between the EU and Russia in the sphere of dual-use goods export. Restrictive measures in the sphere of export control are a unique case of using Common Foreign and Security Policy (CFSP) instruments in the context of implementing the principles of the EU Common Commercial Policy (CCP).

Foreign policy activities of the Visegrad Group in the period 2004-2014

The subject of the study is the historical conditions in which the process of designing and implementing the Eastern Partnership program began, which became the only significant foreign policy initiative of the Visegrad Four. The role of Poland, which positioned itself as a link between the EU and part of the post-Soviet space, is considered. The plans of France, Bulgaria and Romania in 2003-2004 for a number of post-Soviet countries, reflecting the ambitions of Paris, Sofia and Bucharest in the Black Sea and Mediterranean region, are presented. But under pressure from the European Commission, these initiatives were not further developed, and a decision was made to implement the Eastern Partnership project. The development tools used by V4 for the implementation of the Eastern Partnership project, due to the limited resource base of the Quartet countries, are considered. The criticism of the Eastern Partnership project is being studied, due to the lack of a common understanding among EU members of what prospects the new project can offer to "partner countries". The novelty of the scientific research in the framework of this article is expressed in the analysis of the "energy crises" and the change in the EU's approaches to the post-Soviet space in the late 2000s, which became the basis for the development and implementation by the Visegrad Group in 2004-2014 of the Eastern Partnership program. In this program, the "four" countries played the role of curators and a link between the EU and the post-Soviet space. The implementation of the project allowed V4 to gain political weight within the European Union. When developing relations with the "partner countries", the Visegrad Group tried to make maximum use of all available mechanisms and tools (for example, the potential and experience of implementing joint projects within the framework of the International Visegrad Foundation). At the same time, our own capabilities and resources (coupled with the ambiguous perception of the Eastern Partnership in the EU) did not allow us to fully implement all the stated strategic goals, which seriously affected the effectiveness of the project and the results obtained.

The role of culture in EU Foreign Policy: Between International Cultural Relations and Cultural Diplomacy

This article offers an analysis of the role of culture in the European Union's external relations. Firstly, it traces the institutional evolution of the cultural policies implemented by the EU in its external relations. It picks up on the distinction between cultural diplomacy and international cultural relations. Secondly, the limits of the EU's strategic approach to culture in external relations are illustrated, with particular attention given to the consequences of changes in the international system and the organisational and legal limits of supranational action in cultural relations. The paper demonstrates how the current global context is not conducive to the deployment of culture in international relations as envisioned in the EU strategic approach. We argue that without a strengthening of its normative spirit and traditional liberal-cum-internationalist approach, the EU has little chance of achieving international cultural relations based on a participatory and argumentative approach aimed at achieving global solidarity. More likely is a cultural diplomacy understood as a form of public diplomacy and characterised by strategic communication supportive of the EU’s increasingly geo-political agenda.