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  • Author: Vedran Dzihic, Gazela Pudar Drasko
  • Publication Date: 08-2020
  • Content Type: Working Paper
  • Institution: Austrian Institute for International Affairs (OIIP)
  • Abstract: It is difficult to imagine what could unite Jürgen Habermas, Francis Fukuyama, Judith Butler, Noam Chomsky, Martha Nussbaum, Michael Walzer, Yuval Noah Harari and Vladimir Mironov.1 However, the renowned Institute for Philosophy and Social Theory in Belgrade (IFDT), founded to settle dissident intellectuals expelled from the university for their involvement in the Yugoslav 1968 protests, managed to do so. An international appeal has reached us in the past few days which has revealed once more the ongoing clandestine attack on freedom of thought and academic autonomy in Serbia. Unfortunately, Serbia is not alone in democratic backsliding, neither in Southeast Europe or Europe more generally, nor at the global level. Democracy has been openly challenged in several EU states, while the most recent developments in the USA have revealed the depth of internal fractures in American liberal democracy. Thus, it is not surprising that the Southeast European region (SEE) - a post-conflict, semi-peripheral area in Europe - faces growing illiberalism and varying types of competitive authoritarianism and new despotism.
  • Topic: Human Rights, Law, Authoritarianism
  • Political Geography: Europe, Serbia
  • Author: Brigitte Bierlein
  • Publication Date: 09-2019
  • Content Type: Video
  • Institution: Columbia University World Leaders Forum
  • Abstract: This World Leaders Forum program features an address, Freedom, Security & the Rule of Law - a European Perspective, by Brigitte Bierlein, Federal Chancellor of the Republic of Austria, followed by a moderated question and answer session with the audience.
  • Topic: Security, Human Rights, National Security, Law, Political stability, Courts
  • Political Geography: New York, Europe, Austria, European Union
  • Author: A. Aslı Bilgin, Pierluigi Simone
  • Publication Date: 08-2019
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
  • Topic: Bilateral Relations, Law, European Union, Citizenship
  • Political Geography: Europe, Turkey, Middle East, Mediterranean
  • Author: Mason Hill
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
  • Topic: Politics, History, Law, Reform, Constitution
  • Political Geography: Europe, Turkey, Middle East
  • Author: Oleksandr Lytvynenko, Philipp Fluri, Valentyn Badrack
  • Publication Date: 01-2017
  • Content Type: Book
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: This comprehensive collection of Ukrainian legislation on the Security Sector serves two purposes: it gives Ukrainian and Western experts an overview of what legal documents already exist in Ukraine; and serves as a tool for identifying possibilities for adaptations to the law.
  • Topic: Security, Defense Policy, Sovereignty, Territorial Disputes, Governance, Law, Military Affairs, Conflict, Legislation
  • Political Geography: Geneva, Russia, Europe, Ukraine, Eastern Europe
  • Author: Emma Bakkum
  • Publication Date: 06-2017
  • Content Type: Working Paper
  • Institution: Public International Law Policy Group
  • Abstract: The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
  • Topic: Crime, Law, Legal Theory , International Criminal Court (ICC)
  • Political Geography: Europe, Malaysia, Ukraine, Asia
  • Author: Aleksandra Maatsch
  • Publication Date: 01-2016
  • Content Type: Working Paper
  • Institution: Max Planck Institute for the Study of Societies
  • Abstract: This paper investigates how the intergovernmental reform process of European economic governance affected national parliaments’ oversight of this policy area. Which parliaments became disempowered and which managed to secure their formal powers – and why? The dependent variable of the study is operationalized as the presence or absence of “emergency legislation” allowing governments to accelerate the legislative process and minimize the risk of a default by constraining national parliaments’ powers. The paper examines how national parliaments in all eurozone states were involved in approving the following measures: the EFSF (establishment and increase of budgetary capacity), the ESM, and the Fiscal Compact. The findings demonstrate that whereas northern European parliaments’ powers were secured (or in some cases even fostered), southern European parliaments were disempowered due to the following factors: (i) domestic constitutional set-up permitting emergency legislation, (ii) national supreme or constitutional courts’ consent to extensive application of emergency legislation, and (iii) international economic and political pressure on governments to prevent default of the legislative process. Due to significant power asymmetries, national parliaments remained de jure but not de facto equal in the exercise of their control powers at the EU level. As a consequence, both the disempowerment of particular parliaments and the asymmetry of powers among them has had a negative effect on the legitimacy of European economic governance.
  • Topic: Politics, Governance, Law, Reform
  • Political Geography: Europe
  • Author: Anika Oettler
  • Publication Date: 05-2014
  • Content Type: Working Paper
  • Institution: German Institute of Global and Area Studies
  • Abstract: The paper discusses how current methodological debates on the potential of comparative area studies intersect with current trends in transitional justice research. As the field of transitional justice studies is approaching saturation, academic efforts in this field are increasingly focused on empirical as well as theoretical generalization. The challenge of comparative transitional justice research is less to weigh the national impacts of policies than to incorporate a more historicized conception of causality that includes complex longterm processes and global interdependencies. From the perspective of comparative area studies, the case of transitional justice studies testifies to the need to combine the local, national, transnational, translocal, and global levels of analysis.
  • Topic: International Relations, Education, International Law, Political Theory, Law
  • Political Geography: Russia, Europe, East Asia, Latin America
  • Author: Federico Casolari
  • Publication Date: 09-2014
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Review of: Competition Damages Actions in the EU: Law and Practice, by David Ashton and David Henry, Edward Elgar, 2013
  • Topic: Law
  • Political Geography: Europe
  • Author: Christine Nissen
  • Publication Date: 05-2014
  • Content Type: Working Paper
  • Institution: Danish Institute for International Studies
  • Abstract: The next European Parliament elections that take place from 22 to 25 May 2014 will not only shape politics in the European Parliament, but also influence the direction of the EU and Europe for the years to come. With the increased powers that the European Parliament gained after the entry into force of the Lisbon Treaty in 2009, the new political majority following the elections has the competences to change or block almost all EU policies as the main legislator in the EU in cooperation with the Council of Ministers. Besides its significantly expanded competences in legislation, the next European Parliament will also for the first time formally 'elect' the next President of the European Commission.
  • Topic: Regional Cooperation, Governance, Law
  • Political Geography: Europe, Lisbon