8 resultados para Declination of principle axis K1

em Archive of European Integration


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General principles are en vogue in EU law – and in need of conceptual clarification. A closer look at several concepts of principle in legal philosophy and legal theory sheds light upon the concept of general principles in EU law. A distinction between an aprioristic model of principle and a model of principle informed by legal positivism may contribute to clarifying the genesis of a (general) principle in EU law, as well as its nature and functions. This paper demonstrates that an evolution has taken place from a reliance on seemingly natural law inspired reflections of general principles via the desperate search to ground general principles in various kinds of sources based on a more or less sound methodology towards an increasing reliance on strictly positivistic approaches. Against this backdrop, general principles are likely to lose significance where there are other norms while retaining an important yet uncontrollable role where the traditional canon of sources is silent.

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Russia and Turkey have, over the past two decades, developed a very constructive relationship across a wide variety of policy areas. Imperial rivals during much of the Cold War, both countries have since then found common interests in matters of energy, trade and even defence. Besides their growing interdependence, it is hard not to notice the similarities between the two leaders of these countries, especially when it comes to the conspiracy mind-set of blaming dissent at home on foreign meddling. But does this mean that Turkey is fundamentally realigning its foreign policy strategy, away from the EU and towards Russia? And is the EU facing the emergence of an “axis of the excluded”? Not so according to Dimitar Bechev. In this Policy Brief, he argues that the ties between Russia and Turkey are driven by pragmatism and realpolitik. Contentious issues – such as the war in Syria - may be insulated from areas of overlapping interest, but deeper examination shows the glue holding the two countries together – their energy interdependence – is slowly weakening. Bechev believes the EU should take advantage of this divergence and try to (re-)anchor Turkey to its own initiatives and policies.