Suchergebnisse

The results of the UK referendum in favour of leaving the European Union (EU) clearly put into question the European economic and political project as well as its institutional structure. This article argues that the Brexit may be a momentum to reform the institutional structure and procedural rules through which tax policy is made at the EU level. The UK referendum is indeed unlikely to further slow down the EU harmonization process in tax matters, which has always followed a tortuous path. Instead, the Brexit may give momentum to reform major weaknesses of the EU institutional and decision-making process in tax matters, in particular the unanimity rule and the role of the European Parliament. Finally, with regard to taxation specifically, the establishment of an EU tax, providing the EU with sufficient genuine own resource, could also reinforce EU's legitimacy by countering the criticisms related to Member States' contribution to the European budget.

This paper - written for a conference held in Leuven (KUL) in 2001- offers a global analysis of the European Insolvency Regulation. At the time the paper was written, the Regulation was a very recent instrument. The paper reviews the Regulation based on previous experiences at harmonising the law of cross-border insolvencies (such as the European Insolvency Convention and the Istanbul Convention). Particular attention is paid to the issues of jurisdiction (which court has jurisdiction to open insolvency proceedings), jurisdiction conflicts (what happens if two courts decide to exercise jurisdiction simultaneously) and recognition and enforcement of foreign insolvency judgments.

Changes in Dutch attitudes towards the European Union For decades, the Dutch were seen as relatively positive towards the European Union. However, in 2005 a majority of the Dutch population voted against the proposed European Constitution. Therefore, in this article we examine to what extent the Dutch 'no' marks a sudden change in attitudes, or is merely a manifestation of a gradual trend that started at an earlier stage of the European integration process. We raise the question to what extent attitudes towards the European Union have changed in the Netherlands, and further ask to what extent these changes can be attributed to characteristics of the context and the life course. We derive hypotheses from theories on the influence of birth cohort, societal context and life course on attitude changes. In order to test these hypotheses, we employ Eurobarometersurveys of 1973 to 2004, as well as additional data at the contextual level. Our findings suggest that in the Netherlands attitudes towards the European Union have become more negative since the early nineties, after becoming more positive in the preceding years. While characteristics of the birth cohort and the life course do not account for these changes, the development towards more political integration seems to provide an interesting explanation. However, even after adding respondents' characteristics at the individual level to our models, variance in attitudes towards the European Union is hardly explained. Even though differences between social groups exist, attitudes towards the European Union seem to be largely unexplained.

In deze bijdrage wordt naar aanleiding van het gewijzigde voorstel voor een Europese betalingsbevelprocedure (2006) aandacht besteed aan de harmonisatie van het IPR en procesrecht in de Europese Unie, de totstandkoming van de Europese betalings-bevelprocedure, doelstelling en toepassingsgebied van de voorgestelde verordening, het verloop van de procedure en de gevolgen voor Nederland. Tot slot wordt gewezen op het belang van de coherentie van het Europees procesrecht, dat op deelgebieden en in ver-schillende instrumenten momenteel tot stand wordt gebracht. Abstract: [European Civil Procedure under Construction. The (amended) proposal for a European Order for Payment Procedure] On the occasion of the publication of the amended proposal for a European Order for Payment Procedure (2006) attention is paid to the harmonisation of Private International Law and Procedural Law in the European Union, the bringing about of the European Order for Payment Procedure, the objectives and scope of the proposed regulation, the course of the proceedings and its impact in the Netherlands. It is pointed out that it is important to ensure the coherence of European procedural law, since it is being brought about in pieces and in different instruments.

Few other countries are so interrelated with the world around us in political, economic, and social respects as the Netherlands. This means that the Dutch government needs to be alert in its response to the risks and opportunities presented by a rapidly changing world. Addressing this issue, the Scientific Council for Government Policy (wrr) offers some reflections in this report, guided by the question how the Netherlands can develop a foreign policy strategy that matches the changing power relations in the world and the radically changed character of international relations. The answer to this question is a reorientation. This means making transparent choices, making smarter use of Europe as our dominant arena, and, finally, choosing an approach that makes better use of the growing role of non-state actors. The report's recommendations not only underline the necessity of reorientation but also show how this could be accomplished in practice.

Introduction:The foregoing chapters of this book have demonstrated the extent to which national civil servants are involved in EU-related activities, and the dynamics of national administrative activities in the context of the EU. This chapter shifts the focus from national civil servants working on the European Union to national civil servants working for the European Union. This is a class of national civil servants for whom finding a balance between national and European interests in their work is a permanent, although sometimes implicit feature of their daily professional activities. The duality of national and European roles is perhaps the most exacerbated for the seconded national experts (SNEs), i.e. national civil servants who are temporarily working for EU institutions, in particular those seconded to the European Commission.2 On the one hand, Commission SNEs have to be loyal to the Commission and represent European interests in this supranational organ of the EU. On the other hand, their employer is still the member-state government, and they are expected to return to their home organization after their secondment term ends. The SNEs are thus practically torn between two employers: their daily employer under whose supervision they work (the Commission) and the national employer who sent them on the secondment and continues to pay their salaries (the member-state).

After the Vienna Congress in 1815, the Allied ministers did not return home, but continued their negotiations in Paris. They deliberated on the measure of reparation payments and arrear payments that France owed to the other European states. The new peace also rested on financial securities. The United Kingdom of the Netherlands assumed a large part in these conferences, since through the mass of private claims it was France's largest creditor. In this article we demonstrate how, as one of the essentials of the new concert diplomacy of 1815, smaller powers such as the Netherlands were allowed to weigh in on the Four Powers' deliberations in Paris. The political conundrums regarding these financial securities and reparationshave not been charted and analysed before. Through previously unstudied sources,such as the minutes of the Paris Ministerial Conference, we discuss the influence a secondary power could exert provided they deployed smart financial experts. Under that condition large political and financial gains could be made.

Ten years ago, now, the Eurozone began to shake on its foundations. This article traces the genesis of the crisis and the present state of affairs. As to the causes of the global financial crisis in 2008, I argue that contrary to common understanding, the financial crisis had its deeper causes in a decades old tendency towards crisis in the real economy, produced by the continuous overaccumulation of capital which can only return profits by undertaking speculative short-term investments (a phenomenon known as 'financialisation'). I then trace how the global financial crisis morphed into a crisis of public deficits and debt in 2010-2011, particularly in the Eurozone. Three factors are shown to be responsible: financialization, design faults in the European monetary union, and the neo-mercantilist strategy of especially Germany and the Netherlands. The paper next looks at the five main traits of the policy responses in the Eurozone: bailing out governments and banks through creating emergency funds; imposition of austerity and budget discipline for member state governments; attempting to create and complete a Eurozone banking union; subsequently the European Central Bank engaged on an unprecedented scale in 'quantitative easing'; and finally, institutional reform in an attempt to repair the most pressing design faults of the EMU. The paper concludes that the underlying structural factors leading up to the crisis have only been addressed incompletely: the overaccumulation of capital continues, the completion of the banking union is in an impasse, quantitative easing has mostly just intensified financialization by pushing up asset prizes, and institutional reform has taken the form of a fundamentally undemocratic attempt at monetary and political union by stealth. The broader legitimacy of the European project has been substantially undermined, and Europe is not in a better position than eight years ago in case of a new global crisis.

This article investigates what happens when governmental actors foster the participation of non-state actors (NSAs) in treaty ratification and implementation decisions. NSAs, being non-governmental organisations, business groups, citizens, or research institutions among others represent interests that will be ultimately impacted by policy choices. While governments have long consulted them on an ad hoc basis, a "deliberative turn" happened in the 2000s to encourage their involvement, for greater legitimacy and transparency, through among others, the use of public consultations. This proactive turn raises questions about public consultations: are such instruments effective? Do they encourage new thinking? Do they matter for final decisions? This article answers these questions by investigating, using among others lexicometry tools, the public consultation organised by the European Commission in 2011 prior to the ratification of the Nagoya Protocol on access and benefit sharing (ABS) by the European Union in 2014. The results are mixed. While the studied public consultation favoured the expression of small national NSAs the process is still poorly inclusive. NSAs did not propose any fresh ideas on the ABS issue and their final influence on European decision-makers is blurred by the diversity of interests expressed.

Modalities of censorship, disciplining practices and film. A comparative analysis of the historical reception of Sergei Eistenstein's battleship potemkin (1925) in Belgium and the Netherlands This article deals with the historical reception and censorship of one of the most controversial movies in film history, Sergei M. Eisenstein's Soviet-Russian propaganda film battleship potemkin (1925). After a short overview of its turbulent censorship in major Western European countries, the manuscript compares the Belgian and the Dutch cases. This comparative approach is useful in order to understand the differential effectiveness of the various forces trying to discipline the movie – from local municipalities to political parties, pressure groups and the industry itself. Besides the observation that the Dutch and Belgian cases strongly differ, also from those in countries with an obligatory national censorship system, the article demonstrates how the potemkin event became a site of struggle, the target of intense ideological pressures, debate and different types – modalities – of 'censorship'.

The EUROSUR system is supposed to further the surveillance of external borders of European Union Member States. From this point of view, it can be considered an important step in the construction of a controlled space. Drawing inspiration from the Foucauldian attention to programs and technologies, and mobilizing the Actor- Network-Theory concepts of setting and actant, the paper investigates EUROSUR main methodological operations. It highlights how the making of a controlled space is, first and foremost, a mise-en-discours going well beyond surveillance and pro- hibition: a continuous effort to make sense of a disparate multiplicity, encompassing both human and nonhuman elements, both controlled and controlling ones. From a theoretical perspective, the chapter contributes to on-going endeavors to reinvigor- ate the post-structuralist studies of International Relations with approaches inspired by Actor-Network-Theory.

Third-country nationals can use regulation 1231/10 to invoke regulation 883/04, However, the territorial limitation imposed by regulation 1231/10 still limits third-country nationals. The main issue is that regulation 1231/10 is restricted to EU territory. Outside of the EU, any requirement regarding equal treatment in accordance with regulation 1231/10 is not applicable. Decision 3/80, the European Convention on Social Security, the Dutch-Turkish social security treaty and ILO Treaty 118 also consider facts outside of the EU, as demonstrated by figures of the Employee Insurance Agency and Social Insurance Bank. Relevant facts outside of the EU include for example the periods of time third-country nationals lived and worked in third countries and the export of benefits to these countries. My proposal to conclude new treaties with third countries on the EU level was discussed in the context of the four analysed coordination schemes. In the discussion, I have researched what possibilities exist to include the techniques of the involved schemes in treaties with third countries, to address those exact issues faced by third country nationals as a result of the limited territorial scope of regulation 1231/10. In addition to facing possible issues because the territorial scope is limited to the EU, third-country nationals also face issues from regulation 1231/10 resulting from the requirement that a third-country national must be in a situation which is not confined in all respects within a single EU Member State. We have seen that the analysed coordination schemes do not require the cross-border movement between at least two EU Member States before involved persons can call upon the concerned coordination schemes. With respect to these coordination schemes, it suffices that the involved persons move from one treaty country to another. This is therefore not limited to just EU Member States. There are no relevant objections for cancelling the requirement that third-country nationals as a result of regulation 1231/10 ...

In recent years, public authorities and civil-society organisations, driven by increasing public disengagement and a growing sense of distrust between the public and their representatives, have been instituting exercises in public deliberation, often using 'mini-publics', that is relatively small groups of citizens, selected according to various criteria and representing different viewpoints, brought together to deliberate on a particular issue. From small-scale experiments, mini- publics have recently taken a constitutional turn, at least in Europe. Iceland and Ireland have turned to deliberative democracy to reform their constitutions. Estonia, Luxembourg and Romania have also experienced constitutional processes in a deliberative mode. In Belgium, the G1000, a citizen-led initiative of deliberative democracy, has fostered a wider public debate about the place and role of citizens in the country's democracy. At the same time, the European Union institutions have introduced different forms of deliberative democracy as a way to reconnect with citizens. These empirical cases are indicative of a possible 'constitutional turn' in deliberative democracy in Europe. These examples of constitution-making happened in a particular time and place but they may also serve as models for other events.

The Red Devils, chocolate or beer and the King, such is the typical answers given to the oft-asked question of what is still holding Belgium together. To these three symbols, two extra elements are often added: the debt and Brussels, the capital of the country and of the Flemish Region/Community, the French Community (politically but not constitutionally the Wallonia-Brussels Federation), the European Union (to be more specific, one of the three capitals, along with Strasbourg and Luxemburg), while being as well the seat of the Brussels Capital Region. Generally, the list of factors of unity in Belgium ends with this short list. Is it already too long, or on the contrary, is it really too short? This is the main question of this chapter. Paradoxically, although this question often arises, there are very few scientific writings analyzing it. To do so, this chapter will discuss six sets of factors: historical, identity, socio-economic, political, international and symbolic. Nonetheless, it is important to take into account that such enterprise seeks to be informative and not prescriptive. This chapter does not assume that Belgium should be united. There are several points of view about what Belgium should be, and this contribution merely wishes to nurture the political debate by conveying an original approach on six types of factors.

The hereafter following is abstract of the discourse held by Prof. dr. ir. C. L. Temminck Groll in honour of the jubilee 1899-1989 of the KNOB on September 23th 1989. The KNOB (Royal Antiquarian Society of the Netherlands) exists 90 years. A respectable age after human standards. Although a society depends on human devotion it does not know age limitations. This is an excellent moment to reflect upon our centenary. Then, in 1999, we will have to present an extremely good manifest for the coming millennium! We have been spoiled very much during the past 90 years. Which of the founders would have expected so many people professionally involved at the protection of monuments? Which of them could have estimated the money available to realize restoration activities? Still, despite of all we obtained, we are rightly concerned about our country and especially that part of the world beyond our borders. These concerns are formulated by the National Geographic Society which hereby stated: 'Can we save this fragile earth?' This society aims at the earth herself as well as at human achievements. Co-operation between the protection of nature and the protection of monuments certainly is sensible and could be one of our future actions. How much nature, how much culture is not already 'dead'! Wren's St. Benet in London f.e. seems saved, but surrounded by flowing thoroughfares the church misses every relation with the original urban structure. Thus in fact the monument has not been saved. At Liège, Belgium, 20th century traffic and concrete buildings overran the medieval Place St. Lambert. And what about the European countryside? How much harmonious farmer's land has not been industrialized yet? Old structures disappear everywhere. Instead of the newly made our Society had to study more and more the continuous changes of the already extant. As to our foreign activities, we can distinguish three angles of incidence. First of all: what can we learn from other countries? Our founder mr. dr. J.C. Overvoorde already realized the importance of study of the way monuments are protected in different European countries. ICOMOS at present is the platform to discuss organizational and substantial aspects. Second: stock-taking of Dutch cultural influences to other regions in Europe, which subject used to attract more attention than it does now. At last: Dutch influences beyond European borders. Like our founder in 1910-11 studied Hindu-Buddhistic antiquaries and the monuments of the Dutch East-Indian Company our Foundation Social History of the Dutch Oversea studies these treasures now. One of her working-groups tries to solve Indonesian problems with respect to the protection of monuments and started stocktaking of especially younger architecture and town-planning. Still, a lot remains to be done on this field in the 'West'! Borders fade. But with the introduction of new fields of work we may not forget the old. Not the older monuments, since we are occupied with the young, not the Dutch, being directed at the whole world. After the question of what we study, the question rises how. Our purpose always was protection. Unlike nature culture cannot renew herself: we have to 'maintain'. And then mankind also is a piece of nature with continuous new desires to which the extant has been adapted. 'Maintain' as well as 'adapt to' means: to change. We can let nature change the made - how beautifully weathered the ruins are! - but we can also preserve the weathering - until now. Replacement of weathered material by new in the shape of colour it used to have is another possibility. Also opinions about this sort of alterations are constantly changing. Thus a platform like the KNOB at national level or ICOMOS at international level will always be needed. That's why: an extremely good manifesto in 10 years. One that states that we are occupied with changing instead of static affairs. Alterations must be directed professionally in a careful and modest way. For the real is infinitely more valuable than the copy.