A Constructivist perspective on EU'S democracy promotion in Turkey

The European Union, as a regional actor and an example of stability and well-being, has embraced a set of principles it has stood for and which constitute its own identity. The diffusion of these values among third countries is one of the objectives of EU’s External Policy. Democracy can be found among the principles that are sought to be exported through comprehensive and complex strategies within different frameworks, such as neighbourhood relations, trade partnerships and the accession process. Focusing on the latter, candidates are object of an intensive process of Europeanisation that operates through different mechanisms like socialisation and conditionality. Turkey, on the other side, has decided to apply for full membership several decades ago and, ever since, it has been pressured to Europeanise, which includes improving its unstable democracy. This case, however, is different from all other previous enlargements; for its special socio-cultural and civilisational features, Turkey constitutes a more complex novelty for the European Union. Therefore, this thesis aims to study the influence of the European Union on the democratisation process of Turkey, focusing on the period ranging between 1999, the year the European Council recognised Turkey’s candidacy status, and 2009 that marks the 10-year period of that condition. It is the intention of this project to assess the impact of the European Union at that level through the study of the democratic evolution of the country and its co-relation with other variables related to the presence or pressure of the EU. As this is a challenging objective, it will require a deep reflection upon central concepts like democracy and democratic consolidation, and a diversified use of methodological techniques, such as statistical analysis and mathematical co-relations, historical analysis, literature review and in-depth interviews. This study will privilege a Constructivist approach, emphasising the social construction of reality and the role of the ideational aspects – identity, perceptions and the broader socio-cultural dimension – in Turkey-EU relations.

O princípio da confidencialidade na mediação em matéria civil e comercial

The purpose of the following study is to analyze the relevance of the principle of confidentiality concerning mediation on civil and commercial matters developed in Portugal. We will, essentially, try to determine just how pivotal is this principle and how it affects the effectiveness of that method of alternative dispute resolution. We believe it is fundamental to understand the true extent of this principle and its goals, emphasizing the protection given to those who decide to resort to mediation and its impact on this process. For this dissertation, we have based our analysis on the interpretation of the set rules assembled by Law nr 29/2013, April 19th, while combining it with data gathered from other laws and regulations that had also addressed mediation. Furthermore, given the fact that this subject has been regulated by Directive 2008/52/EC, we deem pertinent to include references to other European mediation regulations, namely from Germany, Spain and France. With this study, we have established that, even though the Portuguese mediation law is based on a European Directive, we have determined a more restrictive regulation for the principle of confidentiality. We have concluded that the rules regarding this principle try to preserve, above all, the trust and honesty established during the course of the mediation, while restricting the possibility of using the information disclosed during these sessions on other cases. Additionally, we believe confidentiality is such a distinctive and relevant feature that its legal framework leads us to deem it as a true obstacle to the parties’ private autonomy and their power to determine how the mediation should be carried out.