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"Supranationalism"
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Evaluative Concepts in European Private Law
Introduction: the author refers to the generalizing concepts contained in the Model rules of European Private Law (DCFR). According to the Russian tradition, emerged in the Soviet legal science, such concepts are referred to as evaluative ones. The positive and negative results of their use by the legislator in the text of normative acts are sufficiently investigated in the doctrine. The main part of the research in this direction concerns the definition of these concepts and the legal uncertainty reported to the law by such concepts. Purpose: based on studying the experience of using evaluative concepts in the administration of justice in the European countries on the basis of supranational norms, to address the problems of applying these evaluative concepts in the post-reform period. Methods: the methodological framework for the research was the general scientific (dialectical) method of cognition. The specific scientific methods of cognition such as comparative law, formal legal, logical, and systematic approaches were also used. Results: european private law adopted a different approach to the perception of evaluative concepts, which has gained today the status of supranational law for Europe. In European private law, the generalizing concepts have a certain hierarchy at the top of which there is such a thing as “good faith and honest business practice”, which acts as a general clause that permeates all the institutions and their concepts. Conclusions: thus, as higher order constructs, the generalizing concepts are of interest to science, practice and the legislator from the standpoint of the objectives of law, the general principles of law and values that are above the law.
Journal Article
Globalization, supranational dynamics and local experiences
This edited collection focuses on concepts of globalization, glocalization, transnationalism and cosmopolitanism. The contributions provide evidence of how in practice, global dynamics and individual lives are interrelated. It presents theoretical reflections on how the local, the transnational and global dimensions of social life are entwined and construct the meaning of one another, and offers everyday examples of how individuals and organizations try to answer global challenges in local contexts. The book closely focuses on migration processes, as one of the main phenomena allowing a high number of people from contemporary society to directly experience supranational dynamics, either as migrants or inhabitants of the places where migrants pass through or settle down.
Book
The Eagle on the Adriatic : Habsburg Supranationalism in Trieste, Fiume/Rijeka and Dalmatia, 1848-1867
In the 1848-1867 period, the Habsburg Monarchy was shaken by the first waves of nationalism. Yet in the case of the Habsburg port cities of Trieste and Fiume/Rijeka, contended by several different opponents, Italian and Croatian nationalisms had to face centuries-long traditions of municipal autonomy. In both cities, municipalism and attachment to the House of Habsburg were particularly strong and were coupled with local urban identities that defied national forms of identification, insofar as they were ethnically and linguistically hybrid. Nationalist activists sought to exploit ethnic and linguistic elements as markers of defined national identities, yet without widespread success. The final demise of the Habsburg Monarchy in 1918 has been generally taken as proof of the cogency of nationalist discourse, especially the Italian, in the region. The northern Adriatic rim and Dalmatia point to the forcefulness of Habsburg supranationalism and the existence of ethnic hybridity and national indifference, which provided effective bulwarks against nationalisms for decades.
Dissertation
Reform of Eu Public Procurement Law : Intergovermental or Supranational Policy-Making?
In 2014 three new procurement directives were adopted at European level, replacing the previous generation of directives from 2004. These directives regulate how approximately €2 trillion of public and semi-public money is spent in the member states, aiming to ensure the free movement of goods and services and competition in the award of public contracts. Environmental and social provisions figure prominently in the 2014 directives, including a number of new rules which must be implemented at national level. The 2014 directives embody the concept of a social market economy as set out in the Lisbon Treaty, and represent an increase in EU integration in the public procurement field. This thesis analyses the role of the European Commission, Council, Parliament and Court of Justice during the reform process, as well as the policy preferences of France, Germany, the UK and civil society groups. It asks whether the EU institutions acted as supranational policy entrepreneurs or as agents of the member states in introducing the new social and environmental provisions, testing hypotheses derived from two competing theories of integration. It draws conclusions about the nature and causes of European integration in this field, and develops the concept of trusteeship in relation to the Court of Justice and European Parliament as a means of understanding democratic governance in the EU.
Dissertation
A Late/Post-Imperial Region of Difference: The Ottoman Empire and its Successor Polities in Southeastern Europe, Turkey, and the Arab East, c.1850s-1940s
This text links the literatures on late/post-Ottoman history and on supranational regions. It argues that the area corresponding to the Ottoman Eurasian provinces before the empire's step-by-step modern-time contraction became a region in the 18$os-i 940s. Two processes pulled this region together: sovereignty contests and state-building impacts between the shrinking empire, nascent post-Ottoman nation-states, and interventionist European empires. While shifting around 1920, the region persisted until these two processes waned in the 1940s. The two processes were entwined. They shared a bedrock: the fact that the empire's premodern religio-ethnic heterogeneity became an issue in modern times, encouraging homogenization. A centrifugal process--the disintegration of the Ottoman \"Empire of Difference\"--had a centripetal effect: a late/post-imperial region of difference united by the ricocheting impacts of homogenization, persisting \"minority\" populations, and meddling states, including European empires. Our case helps revisit supranational regions. Compared, for example, to world or global regions, external actors played a more direct part in \"our\" region; it was short and had a transformative rhythm; and it was characterized not by relatively ordered commonality but by joint volatile differences. Hence, this case forms part of, and illustrates, a broader pattern of modern Eurasian and European empires' disintegration, which did not just usher in neatly separate nation-states.
Journal Article