Le processus d'adhésion à l'Union Européenne est-il en mesure de contribuer davantage que la Convention européenne à la protection des droits de l'homme en Turquie?

La Turquie va-t-elle adhérer à l'Union européenne? Sa candidature a toujours été sujette à critiques: droits de l'homme non respectés, restrictions des droits et libertés, notamment de la liberté d'expression, de religion et des droits politiques. Les dossiers sensibles comme le problème kurde et la question chypriote sont à l'origine des multiples plaintes contre l'État turc devant la Cour européenne des droits de l'homme. Dotée des caractéristiques essentielles d'un État moderne et laïque, le pays dispose de structures formellement démocratiques, mais sa démocratie se révèle fragile: ses politiques tant internes qu'externes sont décidées par un Conseil national de sécurité composé pour l'essentiel de militaires. En outre, l'armée qui a pris le pouvoir à maintes reprises a donné au régime une dimension autoritaire. Cela non seulement en vertu des principes fondateurs de la République (tradition centralisatrice de l'État turc), mais aussi de la priorité que l'institution militaire accorde à la sécurité, à l'unité et à l'identité nationales. En effet, les mesures d'exception (état d'urgence, cours de sûreté de l'État, loi anti-terroriste) ont contribué aux violations des droits de l'homme, d'où l'opposition entre le droit conventionnel et le droit national. De plus, le système judiciaire et administratif instauré par les militaires en 1982 n'est pas conçu dans l'intérêt des justiciables. Certes, l'accès à la modernité n'a pu se faire que sous la contrainte et le contrôle de l'armée, mais le régime en Turquie peut-il continuer à s'appuyer sur les«piliers de l'ordre» que sont l'armée, la police et la justice ? L’État semble cependant se réorganiser progressivement pour permettre au pouvoir politique d'assurer un contrôleur les forces de sécurité et pour donner une meilleure indépendance à la justice. Le processus mis en route et les critères imposés pour l'adhésion à l'UE devraient contribuer à mettre en œuvre les réformes institutionnelles capables d'harmoniser la démocratie à l'État de droit, à l'image des pays européens. En effet, les changements récents sont liés à l'agenda européen. Le gouvernement turc semble être déterminé et ambitieux dans sa vocation européenne. Les progrès réalisés pour intégrer l'UE lui sont un moteur de propulsion devant servir au pays et à sa population.

Il contributo dell’Unione europea all’affermazione dello stato di diritto nella comunità internazionale

This thesis is aimed at analysing EU external relations from the perspective of the promotion of the rule of law in order to evaluate the effectiveness and consistency of its action within the international community. The research starts with an examination of the notion of the rule of law from a theoretical point of view. The first chapter initially describes the historical-political evolution of the establishment of the notion of the rule of law. Some of the most significant national experiences (France, the UK, Germany and Austria) are discussed. Then, the focus is put on the need to propose interpretations which explain the grounds of the rule of law, by highlighting the different formal and substantive interpretations. This philosophical-historical analysis is complemented by a reconstruction of how the notion of the rule of law was developed by the international community, with a view to searching a common notion at the international level by comparing theory and practice within the main international organisations such as the UN, OECD and the Council of Europe. Specific mention is made of the EU experience, whose configuration as a Community based on the rule of law is often debated, starting from the case law of the European Court of Justice. The second chapter deals with the conditionality policy and focuses on the development and scope of democratic conditionality according to the dominant approach of the doctrine. First, the birth of conditionality is analysed from an economic point of view, especially within international financial organisations and the different types of conditionality recreated in the scientific sector. Then an analysis is provided about the birth of democratic conditionality in the EC – in relation to its external relations – firstly as a mere political exercise to be then turned into a standardised system of clauses. Specific reference is made to the main scope of conditionality, that is to say enlargement policy and the development of the Copenhagen criteria. The third chapter provides further details about the legal questions connected to the use of democratic clauses: on the one hand, the power of the EC to include human rights clauses in international agreements, on the other, the variety and overlapping in the use of the legal basis. The chapter ends with an analysis of the measures of suspension of agreements with third countries in those rare but significant cases in which the suspension clause, included in the Lomè Convention first and in the Cotonou Agreement then, is applied. The last chapter is devoted to the analysis of democratic clauses in unilateral acts adopted by the European Union which affect third countries. The examination of this practice and the comparison with the approach analysed in the previous chapter entails a major theoretical question. It is the clear-cut distinction between conditionality and international sanction. This distinction is to be taken into account when considering the premises and consequences, in terms of legal relations, which are generated when democratic clauses are not complied with. The chapter ends with a brief analysis of what, according to the reconstruction suggested, can be rightly labelled as real democratic conditionality, that is to say the system of incentives, positive measures developed within the community GSP. The dissertation ends with a few general considerations about the difficulties experienced by the EU in promoting the rule of law. The contradictory aspects of the EU external actions are manifold, as well as its difficulties in choosing the most appropriate measures to be taken which, however, reflect all the repercussions and tension resulting from the balance of power within the international community. The thesis argues that it is difficult to grant full credibility to an entity like the EU which, although it proclaims itself as the guardian and promoter of the rule of law, in practice, is too often biased in managing its relations with third countries. However, she adds, we must acknowledge that the EU is committed and constantly strives towards identifying new spaces and strategies of action.

War crimes, conditionality and EU integration in the Western Balkans

The baleful legacy of the wars of the 1990s continues to dog the states and societies of the former Yugoslavia and has overshadowed the disappointingly slow and hesitant trajectory of the region towards the EU. At the start of the new millennium, with the removal of key wartime leaders from the political scene in both Croatia and Serbia, it was widely hoped that the region would prove able to ‘leave the past behind’ and rapidly move on to the hopeful new agenda of EU integration. The EU’s Copenhagen criteria, which in 1993 first explicitly set out the basic political conditions expected of aspirant EU Member States, proved effective in the case of the new democracies of Central and Eastern Europe in supporting the entrenchment of democratic norms and practices, and stimulating reconciliation and good neighbourly relations among countries with turbulent histories. Building on this experience, the Stabilisation and Association Process, launched for the countries of the Western Balkans in 1999, included both full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) and regional reconciliation among the political conditions set for advancing these countries on the path to EU integration. EU political conditionality was intended to support the efforts of new political leaders to redefine national goals away from the nationalist enmities of the past and focus firmly on forging a path to a better future. This Chaillot Paper examines the extent to which this strategy has worked, especially in the light of the difficulties it has encountered in the face of strong resistance to cooperation among sections of the former Yugoslav population, many of whom have not yet fully acknowledged the crimes committed during the 1990s. Key chapters in the volume raise the vital questions of leadership and political will. EU political conditionality does not work unless the EU has a partner ready and willing to ‘play the game’, which presupposes that EU integration has become the overriding priority on the national political agenda.

Do comunismo à União Europeia: 20 anos que mudaram a história política e económica da Bulgária: Uma abordagem pela teoria e prática da condicionalidade

O mecanismo da condicionalidade pode ser considerado como um dos sucessos da UE na avaliação da forma como este afectou os processos de transição nos países pós-comunistas, em particular no caso dos países envolvidos no Quinto Alargamento. Este trabalho avalia a importância do mecanismo da condicionalidade na região da Europa de Leste, buscando analisar as políticas da UE em relação à Bulgária no período de 20 anos de difícil transição de um sistema comunista planificado para uma economia de mercado. Avaliamos também as políticas europeias de pré-adesão e as condições de adesão. Além disso, prestamos ainda atenção ao fenómeno do mecanismo da condicionalidade específico da UE, como tal, comparamos o seu impacto com os mecanismos do FMI e do Banco Mundial. Concluímos com a tentativa de fornecer alguns elementos sobre a utilidade prática do mecanismo de condicionalidade no Sudeste da Europa, definindo as suas principais realizações, bem como os problemas enfrentados. Através de uma revisão da literatura disponível, e adoptando uma perspectiva histórica, procuramos avaliar também as novas responsabilidades que a Bulgária assumiu ao alargar a fronteira exterior da UE e as consequências que daí decorreram para as relações políticas e económicas com os países vizinhos. /ABSTRACT: The conditionality mechanism can be considered one of the successes of the EU when estimated its influence over the transition process in the post-communist countries, especially for the countries involved in the Fifth Enlargement. This study evaluates the significance of the mechanism of conditionality in the region of Eastern Europe, analyzing the policies of the EU for Bulgaria during the 20 years of difficult transition from a planned communist system to a market economy. The European policies of pre-accession and the accession conditions are evaluated. Also, it pays attention to the phenomenon of the conditionality mechanism specific for EU, comparing its impact with the mechanisms of the IMF and World Bank. And concludes with an attempt to provide some elements about how useful has been the conditionality mechanism in South East Europe, defining the main achievements and difficulties that it faces. Having a look at the available literature and also reviewing it from historical point of view, it's evaluated the new responsibilities that Bulgaria assumed after extending the external frontiers of EU and the consequences for the political and economic relations with neighbor countries.

A criteria based approach for evaluating innovation commercialisation

This study attempts to provide a criteria-based approach that can be used to evaluate the potential for technology transfer and commercialisation of a new technology from university research. More specifically, this study offers the critical factors for assessing marketability and feasibility of an innovation for the commercialisation and technology transfer process. The Delphi technique has been used to refine and categorise assessment criteria identified from various models and frameworks that emerged from literature. Proposed categories of criteria that are found to be important in the evaluation and assessment of a new technology for the commercialisation purpose include: Technological Readiness; Legal and Regulatory; Social Benefits and Impact; Economic and Market Factors.

The Triangular Relationship between Fundamental Rights, Democracy and the Rule of Law in the EU: Towards an EU Copenhagen Mechanism. CEPS Paperbacks. November 2013

This study examines the protection of fundamental rights, democracy and rule of law in the European Union, and the challenges that arise in reflecting on ways to strengthen EU competences in these contested terrains. It provides a ‘state of play’ and critical account of EU-level policy and legal mechanisms assessing the relationship between rule of law, democracy and fundamental rights in the member states of the Union. The cross-cutting challenges affecting their uses, effective implementation and practical operability constitute a central point of the analysis. The study argues that the relationship between rule of law, democracy and fundamental rights is co-constitutive. Any future rule of law-related policy discussion in the EU should start from an understanding of the triangular relationship between these dimensions from the perspective of ‘democratic rule of law with fundamental rights’, i.e. the legally based rule of a democratic state that delivers fundamental rights. The three criteria are inherently and indivisibly interconnected, and interdependent on each of the others, and they cannot be separated without inflicting profound damage to the whole and changing its essential shape and configuration.

Application of the analytic hierarchy process (AHP) in multi-criteria analysis of the selection of intelligent building systems

The availability of innumerable intelligent building (IB) products, and the current dearth of inclusive building component selection methods suggest that decision makers might be confronted with the quandary of forming a particular combination of components to suit the needs of a specific IB project. Despite this problem, few empirical studies have so far been undertaken to analyse the selection of the IB systems, and to identify key selection criteria for major IB systems. This study is designed to fill these research gaps. Two surveys: a general survey and the analytic hierarchy process (AHP) survey are proposed to achieve these objectives. The first general survey aims to collect general views from IB experts and practitioners to identify the perceived critical selection criteria, while the AHP survey was conducted to prioritize and assign the important weightings for the perceived criteria in the general survey. Results generally suggest that each IB system was determined by a disparate set of selection criteria with different weightings. ‘Work efficiency’ is perceived to be most important core selection criterion for various IB systems, while ‘user comfort’, ‘safety’ and ‘cost effectiveness’ are also considered to be significant. Two sub-criteria, ‘reliability’ and ‘operating and maintenance costs’, are regarded as prime factors to be considered in selecting IB systems. The current study contributes to the industry and IB research in at least two aspects. First, it widens the understanding of the selection criteria, as well as their degree of importance, of the IB systems. It also adopts a multi-criteria AHP approach which is a new method to analyse and select the building systems in IB. Further research would investigate the inter-relationship amongst the selection criteria.

Case studies on vibration based damage identification : multi-criteria approach

Vibration based damage identification methods examine the changes in primary modal parameters or quantities derived from modal parameters. As one method may have advantages over the other under some circumstances, a multi-criteria approach is proposed. Case studies are conducted separately on beam, plate and plate-on-beam structures. Using the numerically simulated modal data obtained through finite element analysis software, algorithms based on flexibility and strain energy changes before and after damage are obtained and used as the indices for the assessment of the state of structural health. Results show that the proposed multi-criteria method is effective in damage identification in these structures.

Prags Boulevard in Copenhagen : from run-down strip to boulevard

Prags Boulevard will form a 2km long pedestrian spine running east-west between the historic cities of Copenhagen and Amager. It is located on a some-what run down site, which accommodated illicit functions such as casual drug use and drinking, as well as sheds for squatters. The renovation of this site by the city of Copenhagen forms part of the Holmbladsgade renovation project, and a two-phase competition was held in 2001 to develop a green area and meeting place, transforming it into a place that residents would want to visit rather than avoid. The designer, local landscape architect Kristine Jensens recognises that though the site is linear it ‘has no traffic importance’, though as she notes ‘we like the project because it runs straight east west from the city pulse to the water of Oresund’. In developing the project, she has attempted to allow it to ‘run parallel’ to its existing illicit uses, using a ‘light touch’ of insertions. While it would be hard to describe the project as truly light in its touch (graphically, it is a very bold scheme), there is no doubt that it is parallel: in terms of use it runs alongside rather than against existing uses; in terms of its type it’s all about length, like a boulevard, although it clearly differs from a boulevard in other respects.

Multi-criteria ranking and source apportionment of fine particulate matter in Brisbane, Australia

This paper reports the application of multicriteria decision making techniques, PROMETHEE and GAIA, and receptor models, PCA/APCS and PMF, to data from an air monitoring site located on the campus of Queensland University of Technology in Brisbane, Australia and operated by Queensland Environmental Protection Agency (QEPA). The data consisted of the concentrations of 21 chemical species and meteorological data collected between 1995 and 2003. PROMETHEE/GAIA separated the samples into those collected when leaded and unleaded petrol were used to power vehicles in the region. The number and source profiles of the factors obtained from PCA/APCS and PMF analyses were compared. There are noticeable differences in the outcomes possibly because of the non-negative constraints imposed on the PMF analysis. While PCA/APCS identified 6 sources, PMF reduced the data to 9 factors. Each factor had distinctive compositions that suggested that motor vehicle emissions, controlled burning of forests, secondary sulphate, sea salt and road dust/soil were the most important sources of fine particulate matter at the site. The most plausible locations of the sources were identified by combining the results obtained from the receptor models with meteorological data. The study demonstrated the potential benefits of combining results from multi-criteria decision making analysis with those from receptor models in order to gain insights into information that could enhance the development of air pollution control measures.

Using information criteria to select the correct variance–covariance structure for longitudinal data in ecology

1. Ecological data sets often use clustered measurements or use repeated sampling in a longitudinal design. Choosing the correct covariance structure is an important step in the analysis of such data, as the covariance describes the degree of similarity among the repeated observations. 2. Three methods for choosing the covariance are: the Akaike information criterion (AIC), the quasi-information criterion (QIC), and the deviance information criterion (DIC). We compared the methods using a simulation study and using a data set that explored effects of forest fragmentation on avian species richness over 15 years. 3. The overall success was 80.6% for the AIC, 29.4% for the QIC and 81.6% for the DIC. For the forest fragmentation study the AIC and DIC selected the unstructured covariance, whereas the QIC selected the simpler autoregressive covariance. Graphical diagnostics suggested that the unstructured covariance was probably correct. 4. We recommend using DIC for selecting the correct covariance structure.