4 resultados para Form and content conflict

em Archive of European Integration


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After reviewing the Present Value Model (PVM), in its basic form and with its major extensions, the authors carried out a literature review on the instrumental uses of farm land prices; namely what land prices may reveal in the framework of the PVM. Urban influence, non-market goods and climate change are topics where the PVM used with applied data may reveal farmers’ or landowners’ beliefs or subjective values, which are discussed in this paper. There is also extensive discussion of the topic of public regulations, and how they may affect land price directly, or through its present value.

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The Treaty of Lisbon (2009) explicitly added - in Article 3 of the Treaty on the European Union (TEU) and Article 174 of the Treaty on the Functioning of the European Union (TFEU) - the principle of territorial cohesion to the already existing principles of social and economic cohesion between the EU Member States. To concretely reach the objective of territorial cohesion, the EU created – on the one hand - the legal instrument of the “European Grouping for Territorial Cooperation” adopted through regulation n. 1082/2006 (EGTC). This allows cross-border cooperation between local and regional authorities. On the other hand, in 2009 a new form of European transnational cooperation has been introduced, the so called Macro Regional Strategy (MRS). This was firstly applied to the Baltic Sea Region in order to give to this cross - border geographical area a coordinated framework in specific policy fields, such as the environment and the infrastructures. Both concepts - EGTC and MRS - are based on the fundamental idea of supporting the territorial and cross - border cooperation between local, regional and national authorities and other stakeholders. Despite this common aspect, the two instruments differ profoundly in terms of form, structure and content. While the MRS is to be considered as a political integrated framework without its own financial resources, the instrument of the EGTC is based on a stable legal basis. To this extent, the alpine region - a large geographic area in the heart of Europe with a longstanding tradition in crossborder cooperation - represents an interesting practical example with regard to the implementation of these two forms of cooperation across borders. In fact, the countries and regions in the Alpine area are unified through the Alps and face, therefore, common challenges: that is why this “region” is ideally suited to be the ground for experiments regarding transnational tools and strategies.

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Private governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences as in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policy-makers give priority to self- and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policy-makers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; ii) involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and iii) contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.