Supranational Bodies Research Articles

Integration Projects and Institutional Matrices

In this paper, an attempt is made to understand the reasons for the formation of a particular order in a region based on the institutional approach. The connection between regional order and regional regulation with the type of institutional matrices of integrating countries is shown. It is established that when integrating social systems in order to mitigate possible institutional imbalances, institutions complementary to those dominant in the institutional matrix are used: when integrating X-matrix countries – market institutions and vice versa. The factors blocking regionalism in integration projects involving countries with institutional matrices of the same type include: the presence of one clearly expressed hegemon and its support of supranational regulatory bodies, the presence of federal rather than unitary states in the region. It has been established that for countries with different types of institutional matrix, convergence is possible (for example, cooperation in the security sphere, participation in the Free Trade Zone), but integration in this case will be limited to only certain areas that are of exceptional importance for social systems, with the prevalence of regionalization processes (integration “from below” without the creation of any significant and effective supranational bodies). Factors that hinder the development of both regionalism and regionalization are increasing political differences between countries, polarization along religious lines, manifestations of nationalism and racism.

Trade and economic cooperation of the EAEU: state, dynamics, ensuring national security

The relevance of the study lies in the fact that in the context of international political and economic tensions, the role of regional integration is more important than ever. Despite the fact that the EAEU is one of the youngest integration associations in the world, the history of its existence testifies to the importance for both participating countries and third countries and the global economy, as well as conducting joint policies in various spheres of international relations. The article provides an analysis of trade and economic cooperation between the EAEU countries from the point of view of studying the history and causes of its appearance, the current state and development prospects. The current state and features of trade and economic cooperation between the EAEU countries, the main macroeconomic and trade and economic indicators of the EAEU member states are considered. It is shown that since the creation of the EAEU in 2015, measures have been taken and successfully implemented aimed at identifying and gradually eliminating factors hindering the development of integration processes. With the help of the created strategies for the development of the grouping, supranational bodies strive to minimize the influence of internal and external factors on the growth of the economies of the member countries of the union. The EAEU has significant economic and trade, as well as investment potential. According to the authors, it is important for the EAEU countries and the association as a whole to more actively implement measures aimed at maintaining the economic security of the association and the participating countries, which requires new unified approaches to training at the country and regional levels.

Legal Aspects of Macroprudential Regulation within the EU and the EAEU

Introduction. The article examines the legal evolution of the regulation of the activities of the European Systemic Risk Board (hereinafter – ESRB) in the context of the formation of the organizational and legal mechanism of financial integration, and also assesses the reform of the legal acts in the context of building the Capital Markets Union. The paper reveals the results of comparative analysis of the legal foundations of the implementation of macroprudential policy in the EU and EAEU, identifying common and special features in the legal regulation of integration associations.Materials and methods. In the course of research, the following methods of scientific cognition were used: analysis, synthesis, abstraction, generalizations, analogies and others. The methodological basis of research consist of general scientific as well as special-legal methods, including method of dogmatic analysis (interpretation of legal norms, legal and technical constructions, etc.), formal, comparative legal methods.Results of the study. The analysis of the legal basis of the implementation of macroprudential supervision in the EU and the EAEU showed a significant extent of the financial integration in the EU, as testified by the presence of a supranational body, ESRB. However, at this moment there is stagnation in the development of legal regulation of ESRB activities. In the EAEU, in its turn, despite the existence of the legal foundation of regulation, macroprudential supervision is executed by the means of intergovernmental cooperation, and not supranational regulation.Discussion and conclusion. The study showed the existence of significant differences in the legal regulation of macroprudetial supervision in the EU and the EAEU as well as it was revealed that in the absence of comprehensive supranational regulation of the macroprudential supervision in the EAEU, there is potential for the development of a respective institution in the EAEU law.

Collective Security and the African Regional Integration

The end of the cold war and the marginalization of Africa, coupled with the vicious cycle of poverty, underdevelopment, disease and internecine conflicts are reasons for the aggressive support for African regional integration and security mechanism. Meanwhile, commitments to African regional integration have been constrained by a highly ambivalent critique of the colonial heritage of sovereignty, and unwilling to transfer any of such freedom to supra-national bodies. Yet this has the potential of enhancing their ability to coordinate the implementation of collective security. The objective of this research therefore is to place the relationship between the African regional integration and the efficacy of collective security within the region. The study adopted the Survey research design. The main instrument for data collection was structured questionnaires. The Spearman rank order correlation coefficient was used in testing the hypothesis at 0.05 level of significance. Findings revealed that, there is a significant relationship between African regional integration and collective security/ effective deterrent to aggression, and also that, there is a significant relationship between the failure of African regional integration and the security dilemma confronting the region. The researcher therefore recommends that for the purpose of conflict management, the partnership between the UN and the AU, with its corresponding sub-regional organizations, should be akin to a pyramid. Regional security integration should rest on concepts of good governance, sound civil-military relations and commitments to democracy and human rights, and that regional security arrangements need to focus on modest measures for the prevention and containment of conflicts, rather than utopian ideas and complex institutional mechanisms.

Role of supranational bodies in regulating water cooperation: Central Asian experience

AbstractGrowing environmental problems in recent decades have made the water issue one of the most important agenda items in relations between the countries of the Central Asian (CA) region. Because water is a strategic resource and, at the same time, the foundation of social and economic development in CA, it is possible to assume that the settlement of water allocation problems will become a driving force for the development of regional interaction. The study aims to analyze the importance of supranational bodies in regulating water cooperation between the states of the CA region. The methodological basis of the study was built based on a combination of such theoretical methods of cognition as historical, structural‐functional, forecasting, and political and legal analysis, as well as an institutional approach. The main study results consist of assessing the efficiency of water resources use in the CA region, formulating areas of cooperation between the states in this sector after independence and up to the present, analyzing the role of functioning and under‐construction hydropower facilities in stimulating the resolution of water and energy challenges, and formulating initiatives of the countries of the region in solving existing water problems. In addition, it identified points of convergence in transboundary water use, analyzed steps to further deepen cooperation in water allocation among CA countries, and assessed the activities of supranational bodies in regulating water cooperation. The work can be applied in research and applied areas: It can be useful for scientists whose interests include water management issues in the CA region, as well as for government officials in the CA countries who implement policies in this area.

ECHR rules regarding procedural guarantees which act as balancing factors in the event of the prosecution’s witness not appearing in court

The article examines the legal position of the European Court of Human Rights regarding the possibility of using as evidence the testimony of a witness who did not appear at the court hearing and was not questioned at the pre-trial stage.
 It is established that important procedural safeguards are a component of balancing factors, together with which compensate for the difficulties faced by the defense as a result of accepting unverified statements as evidence, which contribute to a fair trial. Reliable procedural guarantees should ensure a proper assessment of the credibility of the evidence in the case under consideration.
 It has been proven that the reliability of procedural guarantees is established by the European Court of Human Rights referring to cases where the prosecution witness did not appear at the court session, based on paragraph 1 and subparagraph «d» of paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms.
 In accordance with the judicial practice of the Court, reliable procedural guarantees where highlighted, with the help of which this supranational body established or did not establish a violation of paragraph 1 and subparagraph «d» of paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms in the event that the prosecution witness did not appeared at the court session. Examples are given and, for each of them, the views of the Court regarding the reliability of procedural guarantees are emphasized. These examples cover various aspects of the European Court of Human Rights’ consideration of the reliability of procedural guarantees, in particular: when a witness for the prosecution did not appear at the court session, but was able to be questioned at the pre-trial stage; the position in which the defending party found itself during the conduct of face-to-face bets; evaluation of the actions of the investigator during the conduct of face-to-face bets; the reasonableness of national courts’ efforts to locate an absent witness; the need for the consent of the accused and his lawyer to announce the testimony of an absent prosecution witness; assessment by national courts of the weight of the testimony of an absent witness given during the pre-trial investigation and others.

Eurasian Business in Developing Eurasian Economic Integration

Aim. The study of the involvement of the business community in the development of Eurasian integration through the reflection of their priorities in the decisions and activities of supranational bodies.Tasks. To analyze the problems of reflecting the interests of the business community in Eurasian integration; to consider the related practical interaction of business with supranational bodies on the example of the activities of the EAEU Business Council; to identify areas of development of integration processes within the EAEU that are promising from the point of view of the business community.Methods. The research uses general scientific and special methods of quantitative and qualitative analysis, as well as the author’s methodology for assessing business involvement in integration processes has been developed and applied.Results. The conducted analysis of valid strategic documents of the Eurasian Economic Union (EAEU) and its supranational bodies using the authors’ technique confirms the considerable and growing role of business in Eurasian economic integration.Conclusions. Trade and investment cooperation under the EAEU demonstrates positive dynamics despite growing international uncertainty and tensions. It is in many ways connected with the proactive stance of Eurasian business, which demonstrates substantial and rising interest towards Eurasian economic integration.The Eurasian supranational bodies pay serious and growing consideration to positions of business community, which positively affect business involvement in institutional dynamics of the EAEU. That is affirmed by adding appropriate tasks to the key documents of the Union and introduction of special mechanisms for promoting business cooperation.

Navigating the ‘grey zone’: academic collaboration and research on/in Russia during geopolitical crisis

Russia’s illegal annexation of Crimea in 2014 and attack on Ukraine in 2022 have led to widespread sanctions being placed on Russia by the European Union, including sanctions related to academic cooperation. National governments, supranational bodies, science academies and research institutions as well as publishers have likewise formed policies suspending and restricting collaboration regarding Russia-related research. These policies are, however, not straight forward and there are many practical and ethical questions that individual researchers must ask themselves. At Finnish Geography Days 2023 in Joensuu, a panel was dedicated to discussing some of these questions. This article summarizes main themes discussed during the panel and sheds light on the multiple ways researchers experience and navigate the ‘grey zone’ of academic collaboration and research on/in Russia in the current geopolitical context. The article emphasizes the necessity of further discussing the effectiveness and impact of the sanctions and restrictions: Are they reasonable? Who benefits from them, and who suffers?

Towards monitoring the invisible threat: a global approach for tackling AMR in water resources and environment

The global threat of antimicrobial resistance (AMR) is now increasingly recognized for the danger posed by its environmental spread. Aquatic environments and wastewater represent a significant diffusion and selection pathway for antibiotic resistance genes and antibiotic resistant bacteria (ARGs and ARBs). During a collaborative hackathon event, the “Innovation Workshop on Water Quality Monitoring & Assessment,” held in September 2023, experts addressed four challenges related to water quality, including the challenge of globalization AMR surveillance in water. This paper, derived from the workshop findings, proposes a globally adaptable model for antimicrobial resistance surveillance intended as an advance to improve future monitoring systems. The new framework aims to address significant challenges, such as the lack of standardized methodological approaches or lack of funding, coordination, and awareness across a short-, medium- and long-term plan, integrating sustainability concepts, extending participation and monitoring capacity of countries, and offering efficient solutions. This vision is first articulated by creating a technical committee that promotes awareness of antimicrobial resistance and develops a single data management and communication platform. Subsequently, by developing local, national, and international policies, centralized laboratories will be established at the regional level, and built based on existing realities. These laboratories will include facilities to make the management of analyses more efficient, from sampling to reporting the final result. In the long term, activities that allow the maintenance of the created framework and continuous technological development and advancement will be promoted. All this will be achieved in collaboration with national and supranational bodies that are already addressing the issue at a global level.

Failing Forward in European Economic Governance: The Cyclicality of European Integration and Institutional Competition in the COVID‐19 Crisis

AbstractThe European Union's (EU's) response to the pandemic has been accompanied by reconfigurations in its institutional hierarchy, affecting the sites where institutional reforms are prepared and implemented. Whereas the Eurogroup drove reform during the euro crisis, the Commission had a more pronounced role in the development and implementation of pandemic instruments. This article ties in with failing‐forward arguments that view European integration as cyclical, arguing that this cyclicality also concerns the institutional dynamics in European economic governance. Based on expert interviews, official documents and reports, the analysis reconstructs and compares the institutional configurations during the euro crisis and the pandemic. Its findings suggest three modifications to ‘failing forward’: first, incomplete intergovernmental decisions are often the result of dominant particular interests rather than ‘lowest common denominator’ solutions; second, supranational bodies can exploit the delegitimization of intergovernmental solutions; and third, ad hoc measures can prolong the failing‐forward cycle and displace lasting integration steps.

Единая промышленная политика Союзного государства Белоруссии и России как инструмент обеспечения экономической безопасности

The issue of ensuring the economic security of the Union State and its industrial independence is a priority in the context of sanctions against Russia and Belarus, as well as outright economic pressure from Western countries. The assessment of the current level of economic security of the integration association based on three groups of indicators – the quality of life of the population, the state of foreign trade cooperation, the quality of industrial production and cooperation – revealed an insufficient level of development of industrial cooperation, investment, support for the introduction of R&D, high dependence on imports of goods of the machine-building complex, etc. In addition, the dynamics of the values of most indicators is negative, which indicates the need to develop new economic policy measures, including at the interstate level. The key condition for the self-sufficiency of the Union State in necessary goods, including high-tech ones, is the qualitative development of the industrial sector through active assistance from both state and supranational bodies. Measures taken at the interstate level should synergistically strengthen support at the State level. It is essential to understand the level of demand for critical goods (including raw materials and components for the production of new technological goods) and the necessary resources for the creation and development of their production facilities on the territory of the Union State (including scientific developments, technologies and human resources).

НАДНАЦІОНАЛЬНІ МЕХАНІЗМИ ЕКОНОМІЧНОЇ ДИПЛОМАТІЇ ЄВРОПЕЙСЬКОГО СОЮЗУ

The article defines the essence of economic diplomacy, as a system of instruments for the implementation of foreign economic policy based on peaceful methods, which includes economic content and diplomatic form. The properties and features of economic diplomacy are outlined, including systemic character, direct and direct connection with foreign economic policy, peaceful and peace-making nature. Emphasis is placed on the peculiarities of the construction of economic diplomacy in the European Union, macro-indicators of its economic development are determined, which reflect a powerful economic system that is constantly growing and ranks third in the world. It was concluded that the European Union does not provide direct and targeted diplomatic support to business entities of member countries. Measures to promote the commercial interests of the countries themselves belong to the sphere of national competences. Commercial and microeconomic diplomacy are actually not used in EU practice. Its only dimension is the macro level. It is noted that EU economic diplomacy can meaningfully be defined as a framework procedural simplification of trade and financial transactions. In terms of form, this is manifested in the participation of a supranational association in international negotiations on trade, cross-border movement of factors of production, regulation of financial markets, protection of intellectual property rights in the international exchange of knowledge, etc. It was found that the most widely supranational mechanisms of economic diplomacy are implemented in the union in the field of international trade, in relation to direct investments, supranational bodies have not yet created mechanisms for implementing their exclusive powers. It is noted that the process of applying mechanisms of economic diplomacy in the EU is reinforced by its own diplomatic service – the European Service of Foreign Affairs. It is emphasized that EU supranational bodies take part in relevant processes along with national agents of economic diplomacy, but in practice the role of Brussels is reduced to restraining the initiatives of EU member states. In order to form a coherent system of European economic diplomacy and increase the effectiveness of supranational mechanisms of the EU, a number of measures have been proposed.

Digital divide in the european union: assessing spatial disparities and neighborhood effects

This article aims to investigate whether the digital inequality within the European Union (EU) has been reduced in the period 2017-2022. The goal of the study is to measure the dynamics of EU digital inequality and assess the effectiveness of the EU supranational bodies in reducing digital disparities. The author seeks to determine if the dynamics of this divide have been influenced by the EU's supranational policy fostering digital transformation by juxtaposing EU financing of digital transformation and spatial disparities among EU members based on Digital Economy and Society Index (DESI) and its components. The study reveals that, despite the fact that the agenda of digital divide reduction has been in the focus of the European supranational bodies within the last 22 years, the funding of digital transformation was neither adequate in terms of volumes nor consistent. The main beneficiaries were the EU members located in Western and Southern Europe and the least supported area was the members in Eastern Europe. In addition, using spatial econometric analysis, the author proves that the spatial digital divide has decreased in the period 2017-2022 and coincides only partially with the conventional cleavage ?developed North & West VS lagging South & East?. However, as the correlation analysis shows, the EU financial support of digital transformation had a slight positive impact on countries? DESI score, which implies that the EU supranational policy on curbing digital divide was only partially effective.

Особенности правового механизма обеспечения национальной безопасности Республики Казахстан в условиях участия в Евразийском экономическом союзе

The article examines the problems of functioning of the mechanism for ensuring the national security of the Republic of Kazakhstan as a participant in the Eurasian Economic Union. The activities of the EAEU as an international organization for regional economic integration are aimed at creating favorable conditions for the development and increasing the competitiveness of the economies of its member states. At the same time, a single economic space, a common external customs border, and the competence of supranational bodies of the Union lead to challenges and threats to the national security of its members. Effective counteraction to these challenges and threats is impossible without an effective mechanism for ensuring national security, which, under the conditions of Kazakhstan’s membership in the Union, is ensured not only at the national (domestic) level, but also at the international (at the EAEU level) levels. In the process of research, an idea was formed of the legal mechanism for ensuring the national security of the Republic of Kazakhstan under the conditions of membership in the EAEU, a systematic and comprehensive analysis of its basic elements was given, and shortcomings in the functioning of this mechanism that pose threats to the national security of the Republic of Kazakhstan were identified. The authors proposed recommendations for improving the mechanism for ensuring national security of Kazakhstan in order to respect national interests in the context of participation in integration processes.

Особенности правового механизма обеспечения национальной безопасности Республики Казахстан в условиях участия в Евразийском экономическом союзе

The article examines the problems of functioning of the mechanism for ensuring the national security of the Republic of Kazakhstan as a participant in the Eurasian Economic Union. The activities of the EAEU as an international organization for regional economic integration are aimed at creating favorable conditions for the development and increasing the competitiveness of the economies of its member states. At the same time, a single economic space, a common external customs border, and the competence of supranational bodies of the Union lead to challenges and threats to the national security of its members. Effective counteraction to these challenges and threats is impossible without an effective mechanism for ensuring national security, which, under the conditions of Kazakhstan’s membership in the Union, is ensured not only at the national (domestic) level, but also at the international (at the EAEU level) levels. In the process of research, an idea was formed of the legal mechanism for ensuring the national security of the Republic of Kazakhstan under the conditions of membership in the EAEU, a systematic and comprehensive analysis of its basic elements was given, and shortcomings in the functioning of this mechanism that pose threats to the national security of the Republic of Kazakhstan were identified. The authors proposed recommendations for improving the mechanism for ensuring national security of Kazakhstan in order to respect national interests in the context of participation in integration processes.

Правовые аспекты деятельности Европейской прокуратуры: предпосылки и правоприменение

The purpose of this study is to identify the causal relationship between the experience of European financial integration and the need to create a prosecutorial supervision body in the European Union (“EU”). In this regard, the task of the study is to study the totality of the legal framework governing public relations in the field of European integration, as well as the analysis of the EU legal act that established the European Public Prosecutor’s Office. Both general scientific methods and special methods, including the formal legal method, were used to solve the tasks set.
 The article examines the prerequisites for the creation of the European Prosecutor’s Office, expressed in the difficulties in the implementation of legal means to combat economic crisis phenomena in the financial and other spheres of the EU functioning. The authors note these problems and compare them with the competencies of the European Public Prosecutor’s Office. Considering the first results of the activities of the European Public Prosecutor’s Office, they indicate the distinctive features of the European Public Prosecutor’s Office from other EU bodies, which will ensure the achievement of the best results in matters of EU financial integration.
 In this regard, the study of this issue is needed for national prosecutorial supervision bodies when interacting with the European Public Prosecutor’s Office, as well as for the Eurasian Economic Union (“EAEU”) bodies regarding the possibility of creating a similar supranational body in the EAEU while continuing financial integration into the EAEU.

Analysis of the regional integration theory on the example of the EAEU

The article is dedicated to the analysis of liberal intergovernmentalism by Andrew Moravcsik. It is applied to study integration communities all around the world and is relevant for examining the EAEU. A.Moravcsik distinguishes three stages of the integration process: formation of national preferences (priorities), intergovernmental bargaining and realisation of its commitments at the institutional level. At the third stage institutions are endowed with supranational authority, which becomes possible through pooling or delegation of sovereignties. Applying this model, the author describes the reasons for making the Eurasian choice. They include the common need to develop transnational cooperation, enlarge the market for local producers and protect it from third parties, present the Union as an independent actor of international relations. The author gives examples of cases of the negotiation process around signing the Treaty on the EAEU and demonstrates issue-linkages based on asymmetrical interdependence within the Union. The study analyses the institutional implementation of interstate agreements and activities of the Eurasian Economic Commission, which is the supranational body of the EAEU. The Commission regulates different aspects of integration processes in the common markets for goods, services, capital and labor. The article proves that liberal intergovernmentalism is applicable to the case of Eurasian integration.

STRATEGIC MANAGEMENT OF PUBLIC SERVICE PERSONNEL IN THE CONTEXT OF EUROPEAN INTEGRATION

The article is devoted to the study of strategic aspects of human resources management in the context of European integration. The study focuses on innovative approaches to human resources management that will help to increase its efficiency and compliance with European standards. In particular, the need for staff development and the introduction of digital technologies in HR is discussed. The key aspects of HRM standards in the public service in the European Union that can be revealed through the career model, gender approach and their integration into policies and programs are considered. The paper notes that Ukraine, as a candidate for EU accession, should implement European standards of public administration. In particular, this means that Ukrainian civil servants must understand the approaches and procedures of the EU supranational bodies, have in-depth knowledge of EU law in their field, and manage the full cycle of its implementation - analyze inconsistencies, develop changes with an impact assessment, consult with key stakeholders, develop the necessary legislation, apply project management for its implementation after adoption, and assess its impact during implementation. Among the hard skills for Ukrainian civil servants, knowledge of English and other EU languages is important, and among the soft skills, it is important to have a "customer focus" in their professional activities. The article notes that the public service HR management strategy should be developed on the basis of the public service strategy, taking into account the analysis of the current situation, when formulating the objectives of HR policy and specific measures and recommendations of experts. This process is cyclical and dynamic, since the HRM strategy should be in line with changes in policy, legislation and social requirements. The article determines that European standards of HR management in the public service may differ from Ukrainian standards in terms of the level of professional training and development of personnel, their ethical behavior, transparency and openness of procedures, as well as the system of evaluation and incentives.

The decision of the European Court of Human Rights and the issue of determining the content of evaluation features

Resolving controversial issues related to the content of evaluative features in the context of the judgments of the European Court of Human Rights is important for the development of legal science and practice, since increased integration within Europe requires national governments and judicial systems to pay increased attention to the practice of supranational bodies. The purpose of this study is to analyse the judgments of the European Court of Human Rights, aimed at determining the content of the evaluative features in the context of human rights. For this purpose, the author uses the methods of legal literature analysis, comparative analysis of case law from different countries, synthesis, comparison, and modelling, as well as logical and systematic approaches to the analysis of court decisions. The article establishes that the assessment criteria are an important tool for determining human rights violations and require an objective and proportionate approach. Attention is focused on the role of the European Court of Human Rights in ensuring a balance between freedom of expression and the protection of human rights. The author identifies the need to adapt concepts to digital environments and take into account new challenges. The author analyses the process of determining the evaluative features and demonstrates its significance for establishing the scope of human rights protection. The author identifies different approaches of the European Court of Justice to determining the content of evaluative features in human rights judgments. The emphasis is placed on the interpretation of such concepts as “adequacy”, “excessiveness” and “necessity” in the context of human rights restrictions. The author identifies changes in the court's approach to these concepts over time and changes in the social and political context. The study is important for an in-depth understanding of the interpretation of human rights by the European Court of Human Rights, as well as for the formation of a unified methodology for interpreting the evaluative features in the judgments of courts of different jurisdictions

Mapping the global free expression landscape using machine learning

Freedom of expression is a core human right, yet the forces that seek to suppress it have intensified, increasing the need to develop tools that can measure the rates of freedom globally. In this study, we propose a novel freedom of expression index to gain a nuanced and data-led understanding of the level of censorship across the globe. For this, we used an unsupervised, probabilistic machine learning method, to model the status of the free expression landscape. This index seeks to provide legislators and other policymakers, activists and governments, and non-governmental and intergovernmental organisations, with tools to better inform policy or action decisions. The global nature of the proposed index also means it can become a vital resource/tool for engagement with international and supranational bodies.