Suchergebnisse

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.

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.

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.

Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- Belg. 224 w-119,1/27#Beibd.18

Hans Schippers surveys the position of Hezbollah in Lebanese politics and its relations with Iran and Syria. Hezbollah is an organisation with two faces. Together with Amal it represents the Shia in Lebanon. It participates in elections and the government. However, in the Southern part of the country Hezbollah constitutes a state within a state, with a militia and a social and medical network of its own. Most of the costs of this structure are paid for by Iran. The Shia leadership of Iran also played a vital role in the establishment of the organisation in 1982. Syria acted as the protector of Hezbollah in its agitation against Israel. With the departure of Syrian troops following the Cedar Revolution in the spring of 2005 most non-Shia Lebanese wanted to see the Hezbollah militia, seen as a pro-Syrian force, dissolved. However, this was refused by leader Nasrallah. The militia protected Lebanon against Israeli aggression, he declared. It is unclear what motivated Hezbollah to kidnap the Israeli soldiers. This action seemed to be co-ordinated with Iran and Syria to divert attention from the Iranian troubles with the United Nations about Iran's uranium enrichment programme. However, also solidarity with Hamas and the personality of Nasrallah may have played a role. The War of Summer 2006 made it clear once more that the Israeli-Palestinian conflict maybe exploited by forces not directly involved, like Iran. The strong presence of European soldiers in the new peace force presents an opportunity for the EU to take the initiative for a restart of the peace process in the region. A new Madrid type conference may offer away out of the deadlock.

This thesis describes the parliamentary scrutiny system of the Dutch Government in the European decision-making process. More specifically, this study concerns the instruments of the British parliamentary scrutiny reserve and the Danish and Austrian mandating systems, and the added value that such instruments might have for the Netherlands. The main lesson to be learned from the British scrutiny reserve is that both the Government and Parliament are encouraged to become actively involved at an early stage of the European decision-making process. The system also ensures structural provision of information throughout the European decision-making process. In the Netherlands such structural information agreements between Parliament and the Government do not exist. The introduction of a parliamentary scrutiny reserve would solve this problem. The instrument of the parliamentary reserve that was introduced in the Netherlands when the Lisbon Treaty entered into force is much more limited than the British scrutiny reserve. The Dutch parliamentary reserve lacks the most essential aspect that makes the scrutiny reserve a valuable instrument. It is not linked to Government information and therefore does not stimulate as much dialogue between the Government and Parliament from the earliest stages of the European decision-making process as the British scrutiny reserve does. The Danish mandating system adds little to the Dutch Parliament's existing instruments to scrutinize the Government in the EU decision-making process. It may be doubted whether a mandating system would be suitable in a bicameral system such as the Dutch one. The Tweede Kamer (the Dutch House of Representatives) and the Eerste Kamer (the Dutch Senate) may occasionally give contradictory instructions. Furthermore, the fact that the presentation of the mandates often takes place at a later stage of the European decision-making process can be seen as a major drawback of the Danish mandating system. Despite the fact that the system ensures that Parliament is ...

The standard picture of public governance in the Dutch Republic (1579-1795) is one of consultation with multiple stakeholders, peaceful negotiations with representatives from a range of governmental institutions, and agreements and compromise. This picture has been the subject of much debate among historians and other scholars. One question concerns the extent to which this kind of governance evolved from the traditional practices of water authorities, as these institutions emerged very early, at the end of the thirteenth century. A further question is whether it is correct to assume that these peaceful negotiations did in fact involve participation by a wide range of societal stakeholders. This book contributes to this debate by presenting the results of new research into the development of governance by water authorities prior to 1800. In the late Middle Ages and Early Modern period, these institutions changed as a result of ecological, socio-economic and political developments. The central question is how these developments affected the evolution of and governance within the water authorities. The research focuses on two inter-local water authorities: first, the water authority of the Bunschoten Veen and Velden dikes in the Province of Utrecht; and second, the water authority of Mastenbroek polder in the Province of Overijssel. How were landholders represented in such authorities, and what was the relationship between developments in representation and participation in decision-making? The positions and backgrounds of the board members of these two water authorities were investigated, as well as the process of decision-making. The theoretical framework was provided by theories of consociationalism (Lijphart 1968 and Putnam 1993), in which peaceful governance is defined in terms of consensus politics or politics of accommodation. A set of criteria was formulated to assess the occurrence of participative decision-making by stakeholders. These criteria were tested against the discussions and decisions found in ...

This article urges the necessity to reflect upon architecture - as a professional field as well as in its meaning of 'the built environment' - from a perspective outside this professional and academic field. It also argues why the writings of philosopher Hannah Arendt, even though she did not examine architecture per se, offer a fruitful starting point for such an endeavour. ; ISSN:0169-6238

Hans Schippers assesses the position of the Islamic AK Party led by Prime Minister Erdogan in the light of the relationship between religion and the state in Turkey. Although the AK Party won the general elections in 2002, Erdogan has the Damocletian sword of a military coup hanging above his head ever since. The military consider themselves to be the guardians of Kemal Atatürk's legacy of Turkey as a secular state. In the past decades they intervened four times in politics, the most recent one the 1998 'post modern' coup to oust the Islamic Prime Minister Erbakan, whose approach to Iran, critical opinions on the EU and NATO and favourisation of religious education had gone too far in the eyes of the military. Erdogan cleverly avoided the mistakes of his predecessor. He declared the AKP to be a conservative, pro-EU and pro-NATO party that would seek adherence to the mostly christian-democratic European Peoples Party. His government would be liberal and respect people with different opinions on religion. Erdogan did well in regional elections of 2004. However, he met with growing criticism in the following two years. The organisational structure of the AKP is undemocratic and the number of women active in the party is far too limited, his critics remarked. The party is accused of conducting a campaign of 'creeping islamisation' of Turkish society. The military closely monitor every decision of the government near two-thirds majority in parliament and he could They have the support of the secular president have a party member elected. This would increase Sezer who has amended or rejected a large number the chances of military intervention. Erdogan will of Erdogans proposals. A crucial moment for the probably opt for a compromise candidate. However, AKP-government will be the election by parliament until the arliamentary elections of November, the of a new president, coming May. Erdogan has a political.

The standard picture of public governance in the Dutch Republic (1579-1795) is one of consultation with multiple stakeholders, peaceful negotiations with representatives from a range of governmental institutions, and agreements and compromise. This picture has been the subject of much debate among historians and other scholars. One question concerns the extent to which this kind of governance evolved from the traditional practices of water authorities, as these institutions emerged very early, at the end of the thirteenth century. A further question is whether it is correct to assume that these peaceful negotiations did in fact involve participation by a wide range of societal stakeholders. This book contributes to this debate by presenting the results of new research into the development of governance by water authorities prior to 1800. In the late Middle Ages and Early Modern period, these institutions changed as a result of ecological, socio-economic and political developments. The central question is how these developments affected the evolution of and governance within the water authorities. The research focuses on two inter-local water authorities: first, the water authority of the Bunschoten Veen and Velden dikes in the Province of Utrecht; and second, the water authority of Mastenbroek polder in the Province of Overijssel. How were landholders represented in such authorities, and what was the relationship between developments in representation and participation in decision-making? The positions and backgrounds of the board members of these two water authorities were investigated, as well as the process of decision-making. The theoretical framework was provided by theories of consociationalism (Lijphart 1968 and Putnam 1993), in which peaceful governance is defined in terms of consensus politics or politics of accommodation. A set of criteria was formulated to assess the occurrence of participative decision-making by stakeholders. These criteria were tested against the discussions and decisions found in ...

If we want to share data, the long-term storage of those data in a trustworthy digital archive is an essential condition. Trust is the basis of storing and sharing data. That trust must be present in the various stakeholders involved. Certification of digital archives can make an important contribution to the confidence of these stakeholders in the digital archives. Ten years ago DANS was assigned the task of developing a Seal of Approval for digital data to ensure that archived data can still be found, understood and used in the future. In 2009 this Data Seal of Approval (DSA) was transferred to an international body, the DSA Board, which has managed and further developed the guidelines and the peer review process ever since. The objectives of the DSA are to safeguard data, ensure high quality and guide reliable management of data for the future without requiring implementation of new standards, regulations or heavy investments. The DSA contains 16 guidelines for applying and verifying quality aspects concerning the creation, storage, use and reuse of digital data. Based on feedback from data archives that applied for a DSA and different case studies we have gained some insight into the benefits of DSA. Still, the impact of having the Seal is not easy to measure. Seal holders usually refer to qualitative benefits in the form of increased awareness of the value of their repositories to their communities, funders and publishers. Ten years down the line we can safely state that the Data Seal of Approval has proven its added value. If we try to look five years into the future, what can we expect? There are different developments: a growing interest in DSA among European research infrastructures, the collaboration between DSA and the ISCU World Data System under the umbrella of the RDA (Research Data Alliance) and the European Commission is showing a growing interest in certification services. The success of DSA also provides the challenge to further professionalize the DSA organization in the coming years, this to enable its community to continue to grow.