La legitimidad de los procesos de integración regional

El artículo examina  como nace la legitimidad en los sistemas politicos y analiza si, en qué medida y cómo los sistemas de integración regional pueden tambien lograr legitimidad y asentar sus decisiones asi que tener fuertes mecanismos de aplicación efectiva de esas ultimas (lo que en ingles se llama “enforcement”). Insiste en los modos de construir la legitimidad, a traves de instituciiones solidas y propone fortalezer esta legitimidad para fortalecer el sistema internacional

La legitimidad de los procesos de integración regional

O artigo examina como a legitimidade nasce em sistemas políticos e analisa se, em que medida e como os sistemas de integração regional também podem obter legitimidade e resolver suas decisões para que tenham mecanismos fortes de aplicação efetiva desses últimos (o que em inglês chamado “enforcement”). Insiste nas formas de construir legitimidade, através de instituições sólidas e propõe fortalecer essa legitimidade para fortalecer o sistema internacional.El artículo examina  como nace la legitimidad en los sistemas politicos y analiza si, en qué medida y cómo los sistemas de integración regional pueden tambien lograr legitimidad y asentar sus decisiones asi que tener fuertes mecanismos de aplicación efectiva de esas ultimas (lo que en ingles se llama “enforcement”). Insiste en los modos de construir la legitimidad, a traves de instituciiones solidas y propone fortalezer esta legitimidad para fortalecer el sistema internacional

The Right for Regional Integration Organisations to Protect Democracy: Legitimacy at the Regional Level?

Recently there have been several examples of different regional integration systems intervening to prevent unconstitutional events. The interventions can be based on explicit powers or be developed in response to events. This happens despite most regional integration systems having economic cooperation rather than explicit democratisation aims. Organs that issue laws or take constraining decisions must have a clear right to do this and a basis for exercising power-in other words, be legitimate. Where legitimacy comes from is debated, but as most countries today are democracies or purport to be, it somehow emanates from the people. National governments have a higher degree of legitimacy than regional integration organisations, possibly except the European Union. Regional integration organisations have to prove their legitimacy. The article examines if, to what extent, and on what basis regional integration systems have the right to exercise an independent role on the global stage. Legitimacy is a precondition for effective application of decisions of the organisation. Given the frequent lack of strong enforcement mechanisms, the question of legitimacy becomes even more important. With strong legitimacy, decisions taken by the regional integration organisation will be followed to a large extent even despite absence of effective enforcement mechanisms

Is Internet Access a Matter of Freedom of Expression? Some Examples from Ukraine

Freedom of expression does not only mean absence of censorship or other restrictive content laws—it also means that people have real access to communication. Nowadays, internet is a key means of communication. In this article we explain the relevance of access to internet from legal, practical and market aspects for freedom of expression. To illustrate the question, we present the situation in Ukraine. We look at legislation, including restrictions due to national security—availability, affordability and accessibility of internet. Ukraine is an interesting example of a mixture of very positive indicators and some remaining restrictions

Regional courts as judicial brakes?

The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect) and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power

The European Union Digital Single Market—Challenges and Impact for the EU Neighbourhood States

The digital single market is one of the most important objectives and challenges for the European Union. However, given that digitalisation implies a borderless world it requires a different form of governance and has distinctive features from other aspects of the single market. In addition, it raises a number of practical and political issues for countries outside the EU, but which maintain close economic and trade relations with the latter. The article examines the regulatory implications of the digital world from the point of view of states involved in the European Neighbourhood Policy, in particular Georgia, and looks into the future challenges in this process

Regional Courts as Judicial Brakes?

The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect) and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power

Smart Contracting: A Multidisciplinary and Proactive Approach for the EU Digital Single Market

Smart contracting (SC) is a proactive proposal to operationalize the relational contract theory for the upgrade and improvement of legally relevant exchange. The dynamic institutional environment of the European Union (EU) is a suitable framework for this proposal. SC addresses the interests of the business management, law and information technology practices with a perspective of influence in digital exchange, communication processes and other human and human-machine interactions. This position paper restates the advantages of the concept by highlighting the practical transition pathway SC offers to moderate the growing haste towards the embeddedness of exchange in automated and distributed models. This theoretical contribution supports the systematization of the proactive and legal design research field, and explains the characterization, operationalization and specification of the SC concept

“Is this really what I voted for?” – on the legitimacy Of European integration

This paper discusses the problems and dangers of proceeding with European integration without facing a transparent constitutional debate. The crucial issue demanding clarity is whether the current integration in the form of the EU shall be seen within the framework and concepts of public international law or within those of constitutional law. The authors argue that more intensive integration cannot be achieved on the basis of undermining rule of law and democracy by vacillating between different international law or constitutional law models of proceeding without taking any clear standpoint