著者

市川 芳治

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2009, no.29, pp.104-122, 2009 (Released:2011-12-01)

被引用文献数

1

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This article examines the integration of environmental policy into EU competition law while taking into account its “Modernisation” reform and the influence of the European Social Model.Seeking the reconciliation between environmental policy and competition law is essential to foresee the global competition enforcement in the future and specify the scope of competition law and the definition of competition itself. However, the debate on this theme has been premature in the EU and some leading cases and interpretations have just emerged.This article deals with this topic in four phases: First, there is a review of the recent “Modernisation” reform, which introduces the approach focusing on consumer welfare and economic efficiency in EU competition law. This way of thinking tends to exclude non-competition values including environmental protection.Second, there is an examination of the influence of the European Social Model, which introduces a wider interpretation of non-competition values in EU competition law. This leads to the conflict of “competition lawyer vs. EC lawyer” because the former stresses the pro/anti-competitive perspective and the latter facilitates the concept “mandatory requirement” from case law in the field of free movement.Third, there is a comparative analysis of the traditional interpretation and the newly emerged interpretation of each article in EU competition law.In Article 81(1) EC, cases like CECED comply with the “Modernisation” reform and are based on the economic analysis, but the Wouters case paves the way for taking into consideration the perspective on the conflict of constitutional norm between competition and environmental protection. Similar bifurcation is found in cases of Article 82 EC. Cases like DSD follow the economics-based interpretation while cases under Article 86(2) EC exemption underline the non-competition values like environmental protection. State aid rules allow the Member States' wide discretion on environmental policy, but the State Aid Action Plan launched by “Modernisation” reform introduces the economic analysis and narrows its discretion.Finally, this article presents the tentative theory concerning the conflict between environmental policy and EU competition law. This comprises two-way interpretations: the interpretation in the context of “Modernisation” reform and the interpretation in the context of the European Social Model. In the present, it is needed to grasp cases from this two-way perspective.

著者

鈴木 規子

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2003, no.23, pp.212-230,307, 2003

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In 1992, the Treaty of Maastricht institutionalised the rights of European Union citizens to vote in local elections in their country of residence. This paper describes the main characteristics of the concept of EU citizenship and analyses the way in which national and/or European identities affected the voting behaviour of non-French residents during the French local elections in March 2001.<br>The introduction of these limited political rights within the EU established the notion of "multiple citizenship", combining both the traditional idea of citizenship of a nation-state, and that of the new wider citizenship based on a multi-national agreement.<br>The author takes the case of the March 2001 local elections, when some reluctance to extend voting rights to include all EU citizens residing in France became apparent amongst the French public, and political parties adopted different attitudes to the issue, in some cases even questioning the basic principle of giving foreigners the right to vote. The newly acquired rights of EU citizens were seen to have created unequal political status in the absence of similar rights for long-term residents in France from non-EU countries.<br>It is important to note that majority of EU citizens in France who have obtained voting rights are from South European countries such as Portugal, Italy and Spain. This fact has drawn the attention of many political parties which had in fact encouraged those with South European nationalities, particularly Portuguese, to stand for the local election of March 2001. The paper argues that some political parties expected these candidates with South European nationalities to attract a large number of potential voters among EU citizens from South European countries.<br>Another aspect covered by the paper concerns the various levels of identity—local, national and regional—reflected in the exercise of voting rights of EU expatriates, within a political system which recognizes the diversity of cultural origins of its electorate.<br>Finally, the author suggests possible future means of achieving European integration and describes several incidents which illustrate the impact of the participation of non-French EU citizens in local elections.

著者

八十田 博人

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2003, no.23, pp.140-161,301, 2003

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Under the pressures of the criteria for the EMU, Italian administrative and fiscal reforms have been directed by the Center-Left governments and technocrats during the 1990s. They have obtained legitimacy through the tripartite agreements ("social pacts") signed by the Government, the employers' federations and the labor unions.<br>Despite many provocative statements made by "Eurosceptic" ministers, Berlusconi Government has syntonized the domestic labour market reforms to the EU's targets of occupation rate, following the "White Paper on Labour Market" drafted by the labour law experts including prof. Biagi, the assassinated "pro-Europe" consultant of the minister of Labour. The focus of the arguments is the Article 18 of Labour Rights Act, which guarantees rehiring and compensations to workers dismissed without just cause. The new social pact, the "Pact for Italy", which partially loosens the rigidity of the Article 18, was signed by the Government and major social partners except the CGIL, Italy's largest left trade union. This means a partial collapse of the "concertation" of the 1990s.<br>The "Pact for Italy" also demands to augment domestic investment especially to the Mezzogiorno, the less developed southern half of Italy. Between the domestic pressure to public spending and the external requirements of the EU's Stability and Growth Pact, Italian Center-Right government must seek a difficult balance of public finance. The Center-Left opposition is missing the opportunities to indicate the alternative way for reforms by the internal split between the moderate center parties and the Left activists of the "girotondo" (human-chain demonstration) movement.

著者

蓮見 雄

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2004, no.24, pp.125-143,315, 2004

被引用文献数

1

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The Kaliningrad problems are the test of Europe after enlargement of the EU. The EU is confronted with the question how to realize the Eastward enlargement without creating a new dividing line between the enlarged EU and Russia. On one hand, it requests future Member States to tighten the control of their borders with external areas. On the other hand, it seeks for closer cooperation with Russia.<br>Accession negotiations have been separated from external affairs over the years. Kaliningrad, —a Russian <i>exclave</i>—has been treated as if another mere Russian border. But the daily life of the people there depends on Visa-free transit between its borders of Poland and Lithuania, based on a historical heritage of the past Communist bloc. With the failure of the Special Economic Zone due to conflicts between Moscow and Kaliningrad, it brings about <i>soft</i> security problems (shadow economy, illegal activities, and pollutions), which pose a threat to the security of the whole Europe.<br>Kaliningrad, which is located on the Baltic Sea between Poland and Lithuania, will become a Russian <i>enclave</i> within the enlarged EU and find itself enclosed by Schengen borders causing access problems for outsiders. It might broaden the socio-economic gap between the EU and this region, and make Russia isolated. Eventually, it would threaten the sustainability of the region.<br>Therefore, the prospect for getting rid of the gap is vital to solve the Kaliningrad problems. In other words, the future development of Kaliningrad is closely linked to building the <i>Wider Europe</i>, including the <i>Common European Economic Space</i> between the EU and Russia. Recently Russian government is making the development plan based on the national strategy to change Kaliningrad <i>from Symbols of dividing to Footholds of cooperation</i>, coming close to the EU system through the <i>Common European Economic Space</i>.<br>Economy and social life in Kaliningrad are sensitive to external factors—EU and NATO expansion to the east. There is a need for favorable international relations and a stable legal and institutional environment of the market, which are based on the balance of various economic and political factors. Without cooperation of neighbouring countries, Kaliningrad is not an advantageous region as a Russian gateway to Europe. But its unique geographical location—<i>enclave</i> within the enlarged EU—offers opportunities for more cooperation and more prosperity for the people there. It could be able to play the role as a <i>pilot region</i>, where the EU and Russia discuss issues affecting common interests and work together to realize cooperation experimentally. Now the EU and Russia are <i>Ever Closer partners in a Wider Europe</i>.<br>The <i>Northern Dimension</i> aims to intensify cross border cooperation between the EU and Northeast regions of Russia, creating security and stability and addressing the problems related to uneven development in the region. And its concept might be applied to the cooperation with European CIS (Ukraine, Belarus, Moldova) in the future. In the process of building <i>Europe with no dividing</i>, St. Petersburg could restore the traditional position—<i>a Russian window to Europe</i>—and Kaliningrad could play the role of its Satellite. The slogan—<i>Russia in Europe</i>—is an effective trademark for the Kaliningrad playing a major role in its closer ties with Europe.

著者

土谷 岳史

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2005, no.25, pp.244-266,293, 2005

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The enlarged EU has now entered on a new phase; ratification of Treaty establishing a Constitution for Europe. The <i>Constitution</i>, which represents the will of EU to be more democratic political community, defines the EU citizens as one of the subjects of New Europe. The 'EU citizen' is every person holding the nationality of a member state. Consequently, the third-country national residents are excluded. Moreover, they are at a disadvantage by comparison with EU citizens. The EU citizen has a lot of rights which third-country nationals (TCNs) don't because the EU Citizenship is the membership both in EU and member states. In other words, the <i>Duality of EU Citizenship</i> disadvantages TCNs. However, the boundary of citizens cannot be determined by democratic processes because by definition, democratic decisions are made only by the citizen. Initially, at least, the boundary of citizens is given. However, there are immigrants crossing borders. In this sense, the democratic citizenship is defined as permanent re-demarcation of the boundary identifying citizens and subjects. Therefore in this paper, we explore the access of EU Citizenship in order to make EU Citizenship democratic, focusing on legal status of third-country national residents in the context of the 'integration' of TCNs in EU which has established 'progressively an area of freedom, security and justice' since the Treaty of Amsterdam. In this area, TCNs are now considered not only human resources, but also members of society. In 2003, EU established 'long-term resident status' of TCNs, which would be a core legal status in 'integration process'. The long-term residents have many rights including freedom of movement. However, the EU Citizenship is still linked to nationality of a member state, which is the final legal status in 'integration process' of TCNs. Paradoxically, if a long-term resident exercises her right to free movement, she and her family may not meet conditions of nationality acquisition because of the residency requirement. Therefore, the asymmetry of duality turns out to be a problem, and the EU Citizenship must have another criterion independent of member states nationality. Finally we would find the possibility of open membership in the <i>symmetrical Duality of EU Citizenship</i>, which could ensure integrity of memberships in EU.

著者

藤原 豊司

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2003, no.23, pp.121-139,299, 2003

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The EU is on the verge of revising, or at least making flexible the guiding principle of its unified currency. They are making, I'm afraid, a fatal error of judgement. The remarkable success, so far, of the euro was entirely due to the shift of macro-economic principles, from demand management to monetary targeting.<br>The guiding principle of the single currency, of which the most important is to contain budget deficit within 3% of the GDP, was certainly a kind of straight-jacket to many of the participating countries to the euro. The majority of the 12 participants, including such laggards as Ireland and Greece, managed to endure inflationary and other pressures, inflicted by the "one-size-fits-for-all" measures demanded by the stability and growth pact.<br>Ironically, it is Germany, France and Italy, the 3 largest and central countries of the euro zone, that are now crying for help. It is especially paradoxical that Germany, which has been demanding the strict application of the SGP principles, has now excessive budgetary deficit and is calling for flexibility in their applications.<br>As of the beginning of March, 2003, it is not decided yet whether the SGP should be revised or not, but judging from the report the Commission presented to the Ecofin Council, they are sure to make "flexible interpretations", if not revisions to the SGP. Are they right? I thnk not.<br>Ms. Kathleen McNamara, Assistant Professor at Princeton, produed a remarkable book on the euro, called "The Currency of Ideas" (1998). Based on the analysis of the world monetary history after the war, including the Bretton Woods system, she concluded that European monetary systems made a great success, because their guiding principles were shifted from Keynesian to Neoliberal theories. In European context, this meant that all the euro participants had virtually abandoned Keynesian demand management policies and converted to the monetarist approach, which the German Bundesbank had pursued since the end of the World War II.<br>World monetary authorities are now facing unprecedented pressures of world-wide deflation. It is understandable that European financial authorities are demanding flexibility in applying the SGP. But we must remind ourselves that in the colossalised economies, demand stimulus rarely works, as is shown by Japanese policies. Euro financial ministers should be patient.<br>Fortunately for the majority of euro-participants, the March Ecofin Council only produced a very short statement on the SPG that it "provides a robust and flexible framework within which any additional strains on public finances will be addressed". It was reported that Gordon Brown, British Chancellor of Exchequer, had tried to present a plan to make a flexible interpretation to the SGP, but Belgium, Spain, Italy and other small countries prevented the proposal, made in collaboration with France and Germany. The EU might have to endure some period of uncertainty over the euro. But it may turn out to be beneficial to the single currency after all.

著者

田中 素香

出版者

The European Union Studies Association-Japan

雑誌

日本EU学会年報 (ISSN:18843123)

巻号頁・発行日

vol.2012, no.32, pp.29-52, 2012

被引用文献数

2

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In 1985 the European Commission produced its White Paper to the European Council setting out its programme for the completion of the internal or single market in the European Community by the end of 1992. This programme consisted of some 300 legislative measures needed to guarantee the free movement of goods, persons, services and capital within the Community. The economic integration was truly the most advanced in the world and epoch-making in the history of the European Community/Union. The European Council agreed to the programme and decided to revise the EEC Treaty by the Single European Act, which came into force in July 1987.<br>Before the market integration, the Community economy stagnated for more than five years due to lacking competitiveness vis-à-vis the United States and Japan. The single market integration stimulated international oligopolistic competition within the Community and beyond. The economic growth of the Community rose to more than 3% for three years from 1988 on. The economic structure of the Community was renewed and became much more competitive than before.<br>The single market became a fundamental driving force of the monetary union with the EMS. In the 21^st century, it contained Central and Eastern European countries, developing the pan-European production networks.<br>After the world economic crisis, when the demand-side stimulation of the economic growth in the European Union has been narrowly limited, the re-launch of the single market will be an effective measure to revitalize the economy. On the basis of the Monti Report of 2010, the Union is going towards the introduction of the European Market Act, which will be agreed until the end of 2012 according to today's plan of the European Commission.<br>The first single market integration, which was combined with the name of Jacques Delores, had a strategy to move oligopolistic giant companies of the Community. The second generation of the single market integration gives weight to socio-political legitimacy of the single market and seems to move consumers, workers or people of peripheral regions who could not realize benefits of the single market. At the same time, it aims to extract economic benefits from digital information technologies or other recent technical innovations. The single market is about credibility for market players including consumers etc. on the basis of hard competence and the Community method. If done properly, it can turn into a lever for higher growth in the EU following the crisis.