Engaging in European spatial planning: a central and Eastern European perspective on the territorial cohesion debate

The following paper sets out to determine the differential extent of the engagement of Central and Eastern European (CEE) member states with the European spatial planning (ESP) debate over territorial cohesion. It focuses on the written statements submitted in response to the European Commission “Green Paper on Territorial Cohesion” consultation in 2009. The geographical distribution of the respondents is analysed, before CEE member states’ responses are examined in detail, to explore the diverse interpretations of the concept of “territorial cohesion” among CEE actors. While the data collection for this paper has been restricted empirically to the consultation process, it reflects its findings in consideration of member states’ engagement with the debate as it manifested before and after the Green Paper. The debate over the exact conceptual and operational “framing” of territorial cohesion, launched by the European Commission's Green Paper, constitutes one of the many arenas through which ESP currently evolves, together with the transnational initiatives developed in the framework of the European Territorial Cooperation objective, the European Observation Network for Territorial Development and Cohesion (ESPON) and the process that recently led to the publication of the Territorial Agenda of the European Union 2020. The paper concludes that the overall level of engagement of CEE actors in ESP is proportionally lower in comparison with that of their northwestern European counterparts. The increasing involvement of some CEE member states within the ESPON 2013 Programme, as well as the activities undertaken by the Hungarian and Polish EU Presidencies in 2011, suggests that this level of CEE engagement is growing albeit differentially.

The engagement of territorial knowledge communities with European spatial planning and the territorial cohesion debate: a Baltic perspective

Recent, dramatic spatial development trends have contributed to the consolidation of a unique territorial governance landscape in the Baltic States. The paper examines the transformation of this evolving institutional landscape for planning practice and knowledge, which has been marked by the disintegration of Soviet institutions and networks, the transition to a market-based economy and the process of accession to the EU. It explores the evolution of territorial knowledge channels in the Baltic States, and the extent and nature of the engagement of actors' communities with the main knowledge arenas and resources of European spatial planning (ESP). The paper concludes that recent shifts in the evolution of these channels suggest the engagement of ESP has concentrated among epistemic communities at State and trans-national levels of territorial governance. The limited policy coordination across a broader spectrum of diverse actors is compounded by institutionally weak and fragmented professional communities of practice, fragmented government structures and marginalized advocacy coalitions.

EU membership of the WTO: international trade disputes and judicial protection of individuals by EU Courts

The European Union (EU) is embedded in a pluralistic legal context because of the EU and its Member States’ treaty memberships and domestic laws. Where EU conduct has implications for both the EU’s international trade relations and the legal position of individual traders, it possibly affects EU and its Member States’ obligations under the law of the World Trade Organization (WTO law) as well as the Union’s own multi-layered constitutional legal order. The present paper analyses the way in which the European Court of Justice (ECJ) accommodates WTO and EU law in the context of international trade disputes triggered by the EU. Given the ECJ’s denial of direct effect of WTO law in principle, the paper focuses on the protection of rights and remedies conferred by EU law. It assesses the implications of the WTO Dispute Settlement Understanding (DSU) – which tolerates the acceptance of retaliatory measures constraining traders’ activities in sectors different from those subject to the original trade dispute (Bananas and Hormones cases) – for the protection of ‘retaliation victims’. The paper concludes that governmental discretion conferred by WTO law has not affected the applicability of EU constitutional law but possibly shapes the actual scope of EU rights and remedies where such discretion is exercised in the EU’s general interest.

Economic evidence in regulatory disputes: revisiting the court-regulatory agency relationship in the US and the UK

This article examines the issue of the appropriate scope of review of economic evidence enshrined in the discretionary assessments of utility regulators in the US and the UK. It advances a balance of institutional competencies approach to the question of the degree of deference owed to the regulatory agency’s economic assessments. In doing so, it revisits the doctrinal positions advanced in the US and UK for the substantive review of administrative discretion, so as to become attuned to the challenges posed by economic evidence. Drawing on insights from political science and economics, the suggested approach illuminates the institutional disadvantages of the courts that may warrant a high degree of deference. At the same time, however, it remains sensitive to the polycentric elements of regulatory disputes as well as to a number of institutional realties that may attenuate the weight of such comparative institutional disadvantages.