Showing papers in "Journal of European Public Policy in 2012"
[...]
TL;DR: In this article, the authors provide an analytical framework for understanding what kind of power the EU is, what the EU says as a power and what it does as a political power.
Abstract: While the identity of the European Union (EU) may have normative and/or other characteristics, it is fundamentally a large single market with significant institutional features and competing interest groups. Given these central characteristics, the EU may be best understood as a market power Europe that exercises its power through the externalization of economic and social market-related policies and regulatory measures. Such an exercise of power, which may occur as intentional or unintentional behaviour, suggests the EU is fully capable of using both persuasive and coercive means and tools to influence international affairs. By scrutinizing the EU's identity, official documents and initial evidence, the article provides an analytical framework for understanding what kind of power the EU is, what the EU says as a power and what the EU does as a power.
367 citations
TL;DR: The European Council has emerged as the centre of political gravity in the field of economic governance as mentioned in this paper, and the Eurogroup fulfils a crucial role as forums for policy debate, which is the reflection of an integration paradox inherent to the post-Maastricht EU.
Abstract: The European Union's (EU's) responses to the economic and financial crisis provided a vigorous illustration for how the role of the Union's core intergovernmental bodies – the European Council and the Council – has evolved in recent years. The European Council has emerged as the centre of political gravity in the field of economic governance. The Council and the Eurogroup fulfil a crucial role as forums for policy debate. The emphasis on increased high-level intergovernmental policy co-ordination is the reflection of an integration paradox inherent to the post-Maastricht EU. While policy interdependencies have grown, member state governments have resisted the further transfer of formal competences to the EU level and did not follow the model of the Community method. Instead, they aim for greater policy coherence through intensified intergovernmental co-ordination. Given its consensus dependency, this co-ordination system can best be conceptualized as deliberative intergovernmentalism.
276 citations
TL;DR: In this paper, the authors analyse how tensions between international market integration and spatially limited political mandates have led to the phenomenon of economic patriotism, which can include territorial allegiances at the supranational or the local level.
Abstract: We analyse how tensions between international market integration and spatially limited political mandates have led to the phenomenon of economic patriotism. As discrimination in favour of insiders, economic patriotism goes beyond economic nationalism and can include territorial allegiances at the supranational or the local level. We show how this prism helps to understand the evolution of political intervention in open economies and present the ambition of this collection.
184 citations
TL;DR: Differentiated integration has been the subject of political discussion and academic thought for a long time and it has also become an important feature of European integration since the 1990s as discussed by the authors, however, it is astonishing how poor our research and knowledge about the phenomenon is.
Abstract: Differentiated integration has been the subject of political discussion and academic thought for a long time. It has also become an important feature of European integration since the 1990s. By contrast, it is astonishing how poor our research and knowledge about the phenomenon is. Whereas there is an abundance of conceptual work and some normative analysis, positive theories on the causes or effects of differentiated integration are rare. Empirical analysis has concentrated on a few important cases of treaty law (such as EMU and Schengen) while there is no systematic knowledge about differentiated integration in secondary law. The aim of this article is therefore twofold: to review the existing typological and theory-oriented research and to outline a research agenda striving for systematic empirical and explanatory knowledge.
180 citations
TL;DR: This article introduced the distinction between labour market and life course-related social programs and discussed why it matters politically and why the median voter is less favourable towards labour market-related programmes that protect against risks that first and foremost adversely affect low-income individuals.
Abstract: The article introduces the distinction between labour market- and life course-related social programmes and discusses why it matters politically Life course risks are by and large uncorrelated with the income distribution, so the median voter will be comparably favourable towards generous provision Left- and right-wing governments will therefore enact similar policies, and constitutional veto points will play no role for provision because no political actors will use them to block change The median voter is less favourable towards labour market-related programmes that protect against risks that first and foremost adversely affect low-income individuals Right-wing governments therefore have greater leeway to implement retrenchment on labour market-related programmes Yet, in the event of external shocks to the labour market like rising unemployment and globalization, the median voter becomes gradually more exposed to labour market risks, which in turn reduces the room for right-wing retrenchment
122 citations
TL;DR: In this article, the authors argue that existing attempts to operationalize the formal political independence of regulatory agencies suffer from a number of conceptual and methodological flaws, and define what they understand by independence, and in particular formal independence from politics.
Abstract: While the literature on delegation has discussed at length the benefits of creating independent regulatory agencies (IRAs), not much attention has been paid to the conceptualization and operationalization of agency independence In this study, we argue that existing attempts to operationalize the formal political independence of IRAs suffer from a number of conceptual and methodological flaws To address these, we define what we understand by independence, and in particular formal independence from politics Using new data gathered from 175 IRAs worldwide, we model formal independence as a latent trait We find that some items commonly used to measure independence – notably, the method used to appoint agency executives and the scope of the agency's competences – are unrelated to formal independence We close by showing that our revised measure partially changes conclusions about the determinants and consequences of formal independence
113 citations
TL;DR: This article showed that EU co-operation on asylum matters has actually led to a rise in the legal standards applicable to asylum-seekers and refugees, which can be mainly explained by broader changes that have gradually affected the EU system of venues and have thereby decreased the likelihood of more restrictive measures being adopted in the EU asylum policy venue.
Abstract: The development of the EU asylum and migration policy is often explained as the result of ‘venue-shopping’, that is, the move by policy-makers to an EU policy venue in order to avoid national constraints. This article demonstrates that, contrary to what would have been expected on the basis of this widespread view, EU co-operation on asylum matters has actually led to a rise in the legal standards applicable to asylum-seekers and refugees. This outcome can be mainly explained by broader changes that have gradually affected the EU ‘system of venues’ and have thereby decreased the likelihood of more restrictive measures being adopted in the EU asylum policy venue. This has important implications for the EU governance of asylum and migration in general.
108 citations
TL;DR: A new dataset on decision-making in the European Union (DEUII) is presented that revises and expands a previous dataset and identifies its relevance to several research agendas in EU studies.
Abstract: We present a new dataset on decision-making in the European Union (DEUII) that revises and expands a previous dataset. Researchers are using this new dataset to address a range of research questions regarding the inputs, processes and outputs of the EU's legislative system. The dataset contains information on 331 controversial issues raised by 125 legislative proposals that were introduced between 1996 and 2008. For each of these controversial issues, the dataset identifies the policy alternative favoured most by each of the main political actors: the European Commission; the European Parliament; and each of the member states' representatives in the Council of Ministers. This information was assembled during 349 semi-structured interviews with key informants. This article describes the dataset and identifies its relevance to several research agendas in EU studies.
95 citations
TL;DR: In this article, the authors present an argument that leads to the expectation that resource-rich associations engage in more lobbying on EU legislation than other associations, and they find support for these expectations.
Abstract: What explains variation across national interest groups in their amount of lobbying on legislative proposals in the European Union (EU)? We present an argument that leads to the expectation that resource-rich associations engage in more lobbying on EU legislation than other associations. Moreover, we expect business associations to have privileged access to the European Commission and national governments; and citizens' groups to parliaments. Using original data from a survey of 1,417 interest groups in Germany, Ireland and Spain, we find support for these expectations. We conclude that national associations are heavily involved in EU lobbying, but that resource-endowment and type matter for access. The article is of relevance to the literatures on interest groups in the EU, the EU's (alleged) democratic deficit, and the role of civil society in governance beyond the nation state.
92 citations
TL;DR: In this article, the authors show that discretionary spending (public investment) is hit harder by fiscal austerity than public spending on pensions and unemployment (public spending on unemployment) because of different institutional and political constraints.
Abstract: This article makes two claims: first, it argues that the impact of fiscal austerity varies across different types of public spending. In particular, we show that discretionary spending (public investment) is hit harder by fiscal austerity than entitlement spending (public spending on pensions and unemployment) because of different institutional and political constraints. Second, we find that electoral institutions affect how governments solve this trade-off. Discretionary spending is cut back more severely in countries with an electoral system based on proportional representation than in a majoritarian system. Our empirical analysis relies on a methodological approach (composite data analysis) that takes into account interdependencies between budgetary categories. Using data for 21 Organisation for Economic Co-operation and Development countries from 1979 to 2003, we find strong evidence for the varying impact of fiscal stress on the budget shares of discretionary and entitlement spending as well as stron...
89 citations
TL;DR: In this paper, the authors explore the political foundations of judicial independence in the European Union and ask to what degree the ECJ is insulated against court curbing mechanisms that might threaten judicial independence.
Abstract: This contribution explores the political foundations of judicial independence in the European Union and asks to what degree the ECJ is insulated against court curbing mechanisms that might threaten judicial independence. The contribution reviews the major court curbing mechanisms identified in the literature on American law and politics and assesses the extent to which these mechanisms might be applied in restraining the ECJ. The evidence and analysis suggests that the ECJ is remarkably well insulated against each of the major court curbing mechanisms identified in the literature.
TL;DR: This paper explored the explanatory power of prominent compliance theories to address these diverging patterns of persistent noncompliance across EU member states and tested a set of hypotheses that accounts for the non-compliance dynamics across the different stages of the EU's infringement proceedings and over time.
Abstract: Member states of the European Union (EU) respond differently when they get caught for violations of European law and face prosecution. While Portugal tends to settle its non-compliance cases quickly and at an early stage of the EU's official infringement proceedings, Italy and Belgium like to sit them out and do not even comply with rulings of the European Court of Justice after being convicted twice – first for violating EU law and then for not acting upon the court's original judgment. This paper explores the explanatory power of prominent compliance theories to address these diverging patterns of persistent non-compliance across EU member states and tests a set of hypotheses that accounts for the non-compliance dynamics across the different stages of the EU's infringement proceedings and over time. We find that both differences in capacity and power explain the variation in longitudinal non-compliance patterns.
TL;DR: In this paper, the authors use an institutionalist approach to understand how the governance of the eurozone has evolved in the wake of the multiple crises that erupted since 2007, and assess the impact of the crisis on the institutional development of EMU in light of three case studies: the role of the ECB during the crisis; the reform of the economic governance framework; the set-up of euro area financial assistance arrangements.
Abstract: We use an institutionalist approach to understand how the governance of the eurozone has evolved in the wake of the multiple crises that erupted since 2007. We assess the impact of the crisis on the institutional development of EMU in light of three case studies: the role of the ECB during the crisis; the reform of the economic governance framework; the set-up of euro area financial assistance arrangements. Paradoxically, even when faced with an existential crisis, EMU continues to evolve through gradual change. Empirical evidence points to the existence of a dual process of change – layering and redirection.
TL;DR: In this paper, the authors analyze EU member state political responses to ECJ challenges and show that, by forging a consensus which includes potential litigants and by building on existing legal precedent, member state governments can preserve significant parts of their original legislation while making it ECJ-proof.
Abstract: This article analyses EU member state political responses to ECJ challenges. Faced with high consensus requirements at the European level, member states often have to respond unilaterally and explore how to pursue autonomous regulatory goals in ‘EU-compatible’ ways. Member states' domestic responses to one prominent series of ECJ judgments (Laval, Ruffert, Commission vs Luxembourg) are traced from a Europeanization perspective. The case studies show that, by forging a consensus which includes potential litigants and by building on existing legal precedent, member state governments can preserve significant parts of their original legislation while making it ECJ-proof.
TL;DR: In this article, the Swedish Social Democratic Party (SAP) has argued that there are distinct limits to the ability of "the people's home" to make room for immigrants given social democracy's clear adherence to notions of solidarity, inclusiveness and internationalism.
Abstract: It is puzzling that social democratic parties are rarely the main focus of attention in the migration policy making literature, despite their crucial role in most European party systems and their frequent tenure in government In this article, we seek to address this shortcoming by examining key immigration policies advocated by the Swedish Social Democratic Party (SAP) over the past 40 years This article shows that the SAP believes there are distinct limits to the ability of ‘the people's home’ to make room for immigrants Given social democracy's clear adherence to notions of solidarity, inclusiveness and internationalism, the empirical findings of this article are counter-intuitive Specifically, the Swedish Social Democrats have, since the late 1960s, continuously backed, and indeed initiated, strict immigration policies Party ideology has been the missing factor in understanding these concrete immigration policies
TL;DR: In this article, the authors provide a theoretical overview and an empirical summary of contributions to the literature on comparative capitalism, and make four contributions to comparative capitalism: the analysis of institutional change adopts a long-term historical perspective that allows us to observe the potentially transformative effects of relatively slow and incremental changes.
Abstract: The article provides a theoretical overview and empirical summary of the contributions to this collection. The collection makes four contributions to the literature on comparative capitalism. First, its analysis of institutional change adopts a long-term historical perspective that allows us to observe the potentially transformative effects of relatively slow and incremental changes. Second, it examines the linkages between four levels of institutions that regulate the economy – the international, macro (national), meso and micro. Third, the national case studies compare change and linkages across six core institutional domains. And fourth, the cases show how institutions are shaped by different sets of socio-political compromises.
TL;DR: In this article, the authors analyze the process of convergence with EU rules in terms of rule selection, adoption, and application in the case of technical regulation in the country of Ukraine.
Abstract: How does the European Union (EU) affect change in neighbouring countries? The article explores this question, using Ukraine as a case study. So far Ukraine has attracted contradictory assessments of the impact of the EU on the country's domestic transformation. To explain this puzzle, the process of Ukraine's convergence with EU rules is analysed in terms of rule selection, adoption and application. The article focuses on the mechanisms which the EU uses to shape domestic actors’ incentives and capacities for taking on EU rules in each of the three dimensions. In the case of technical regulation, EU mechanisms affect domestic actors differently in the three dimensions, resulting in comprehensive rule selection but only selective rule adoption and application. The process of convergence occurs, but in a non-synchronized and highly idiosyncratic way, thereby indicating the patchy impact of the EU on its neighbours, even in the core economic field.
TL;DR: In this article, the authors present examples from a number of European cases, but with special emphasis on London and Paris, where the aim is to make them even stronger, with resulting tension with pre-existing redistributive territorial policies.
Abstract: As governments, committed to neo-liberalism but still committed to pursuing national economic success, seek for policy approaches that evade international competition law, they may turn to favouring national champion cities, usually but not always capital cities. This usually also favours particular industries and firms, but only indirectly. This is not the same as policies for favouring backward or declining regions, as the champions selected are already strong and well performing. The aim of policy is to make them even stronger, with resulting tension with pre-existing redistributive territorial policies. Examples are taken from a number of European cases, but with special emphasis on London and Paris.
TL;DR: In this paper, the authors present a synthesis of quantitative and qualitative research on compliance with EU directives and identify and code 12 theoretical arguments tested in 37 published compliance studies and evaluate the robustness and representativeness of their findings.
Abstract: This study presents a synthesis of quantitative and qualitative research on compliance with EU directives. We identify and code 12 theoretical arguments tested in 37 published compliance studies and evaluate the robustness and representativeness of their findings. Our synthesis reveals robust findings for the ‘goodness-of-fit’ and ‘institutional decision-making’ arguments, while results on ‘actors’ policy preferences' and ‘administrative efficiency’ remain ambiguous. A closer examination of the studies' research design suggests policy and country selection effects. Specifically, most studies focus on environmental and social policies and rarely include complying Scandinavian states and non-complying Southern states. We therefore recommend a cautious interpretation of existing compliance findings and, for future compliance research, a more careful selection of countries and policy fields.
TL;DR: The European Court of Justice (ECJ) has played an indispensible role as a motor of European integration as discussed by the authors, in judgments addressing the balance between national and supranational authority.
Abstract: The European Court of Justice (ECJ)1 has played an indispensible role as a motor of European integration. In judgments addressing the balance between national and supranational authority, the Europ...
TL;DR: In this paper, the theoretical limits of the external governance approach for assessing their implementation and argues for adopting an organizational perspective to overcome these limitations, distinguishing macro-political, distributional and organizational factors and their influence on implementation of external policies in order to evaluate the empirical limits of external governance.
Abstract: The European Union's (EU's) attempts to extend its policies into non-member states have been conceptualized as ‘external governance’ and have become particularly visible in projects towards neighbouring countries The article shows the theoretical limits of the external governance approach for assessing their implementation and argues for adopting an organizational perspective to overcome these limitations It distinguishes macro-political, distributional and organizational factors and their influence on implementation of external policies in order to evaluate the empirical limits of external governance External migration policy is used as a test case to assess implementation dynamics of a EU priority towards Ukraine and Morocco Rather than a story of policy transfer, this article indicates that distributional and particularly organizational factors draw out the limits of EU external governance in non-accession countries when engaging in concrete external action
TL;DR: In this paper, the authors provide the first large-N, geographically disaggregated evidence consistent with a trading-up effect: exports of automobiles and related components from developing countries to countries with more stringent automobile emission standards are found to be associated with higher domestic emission standards, with aggregate inward foreign direct investment into host developing economies automotive sector increasing the likelihood of more stringent emission standards domestically.
Abstract: The ‘California effect’ hypothesis posits that economic integration may lead to the ratcheting upwards of regulatory standards towards levels found in higher-regulating jurisdictions. Although a number of previous large sample quantitative studies have investigated such convergence dynamics for public environmental policies, their results have been based exclusively on geographically and sectorally aggregated data. Our contribution advances on these studies. We provide the first large-N, geographically disaggregated evidence consistent with a trading-up effect: exports of automobiles and related components from developing countries to countries with more stringent automobile emission standards are found to be associated with more stringent domestic emission standards. Investing-up dynamics are also apparent, with aggregate inward foreign direct investment into host developing economies’ automotive sector increasing the likelihood of more stringent emission standards domestically.
TL;DR: In this paper, the authors investigate the institutions and member state preferences that lead these camps to accept or resist multispeed proposals, paying particular attention to how a multiscale approach affects member state bargaining power.
Abstract: EU member states desiring deeper integration often call for a multispeed approach to pursue ambitious projects without the hinderance of laggards. At other times, laggards have desired a multispeed approach to avoid policies they find objectionable. Under what circumstances do laggards (integrationists) propose (object) to a multispeed Europe? We investigate the institutions and member state preferences that lead these camps to accept or resist multispeed proposals, paying particular attention to how a multispeed approach affects member state bargaining power. We present a series of case studies to demonstrate that the preference configurations we examine do, in fact, lead states to pursue the policies with regard to a multispeed Europe that we expect.
TL;DR: In this paper, the authors examine the interplay of changes in formal institutional rules and how organizations respond to these changes by strategic attempts to promote or hinder further change in institutions, and find that the result is a more varied institutional landscape characterized by international diffusion of liberal policing.
Abstract: Over the last three decades, the German political economy can be characterized by both institutional continuity and change. Understanding the dynamics of institutional change therefore requires an examination of the interplay of changes in formal institutional rules and how organizations respond to these changes by strategic attempts to promote or hinder further change in institutions. The macro-level political story of institutional change shows a number of paradoxes resulting in unexpected and often incomplete forms of market liberalization shaped by continued support for some core features of Germany's social market economy. The resulting erosion of Germany's co-ordinated model of economic organization through networks and business associations has gone hand-in-hand with the attempts to preserve these institutions for core workers and sectors of the economy in the face of changing environments. The result is a more varied institutional landscape characterized by international diffusion of liberal polic...
TL;DR: This paper used a salience-weighted measure to measure the relative success of member states in translating their national preferences into legislation and test two plausible, competing hypotheses about how the EU works: that no state consistently achieves more of what it really wants than any other; and that large member states tend to beat small ones.
Abstract: We know surprisingly little about whether the content of European Union (EU) legislation reflects the preferences of some member states more than others. The few studies that have examined national bargaining success rates for EU legislation have conceptual and methodological weaknesses. To redress these problems I use a salience-weighted measure to gauge the relative success of member states in translating their national preferences into legislation, and test two plausible, competing hypotheses about how the EU works: that no state consistently achieves more of what it really wants than any other; and that large member states tend to beat small ones. Neither hypothesis receives empirical support. Not only do states differ far more significantly in their respective levels of bargaining success than previously recognized, but some of the smaller states are the ones that do especially well. The article's main contribution – demonstrating that the EU does not work as most people think it does – sets the stag...
TL;DR: In this paper, the authors investigated the factors behind political group membership in the European Parliament and found that ideological compatibility is the most important factor behind transnational affiliation, even if some caution is needed for the new, post-communist members.
Abstract: This contribution investigates the factors behind political group membership in the European Parliament. In June 2009, more than 150 national parties, from the 27 member countries, joined one of the seven transnational groupings. Two main explanations for group membership are advanced. A first, traditional argument is based on the ideological or policy compatibility of the member parties. National parties will join the political group that best matches their programmatic position. A second argument focuses, instead, on the structure of incentives in the Parliament, positing that the pragmatic goals of national parties are better advanced by joining the largest and most influential groups. These arguments are tested by fitting a multinomial logit model for political group ‘choice’ based on the 2009 Euromanifestos data. The findings suggest that ideological compatibility is the most important factor behind transnational affiliation, even if some caution is needed for the ‘new’, post-communist members.
TL;DR: This paper developed a statistical model, extending the item-response model to account for selective participation in decisions, to find evidence of individual behaviour in the collective judgments, and found that judges do not share uniform preferences, suggesting that institutional independence has provided cover for the court, and that judges' preferences lie on a continuum from Europhilia to Euroscepticism.
Abstract: A considerable body of scholarly work has asserted that the ECJ's institutional independence has implied behavioural independence: in short, that the ECJ has pursued a pro-integration agenda perhaps at odds with national governments' preferences. But, inside the black box of the court's collective decisions, do judges share a common preference for expanding the authority of the Court and EU generally? While individual behaviour is not directly observable, the ECJ's system of chambers provides a potentially valuable window on the impact of individual decisions by subsets of the judges. I develop a statistical model, extending the item-response model to account for selective participation in decisions, to find evidence of individual behaviour in the collective judgments. Results for ECJ cases show that judges do not share uniform preferences, suggesting that institutional independence has provided cover for the court, and that judges' preferences lie on a continuum from Europhilia to Euroscepticism.
TL;DR: In this paper, the authors draw on implementation theory to formulate expectations about the political costs and benefits of different degrees of implementation of regulatory impact assessment (RIA), and discuss the policy implications of these findings in terms of priorities given to different processes of regulatory reform.
Abstract: Regulatory Impact Assessment (RIA) has become a major tool on the agenda of regulatory reform across Europe. Although the literature on RIA is burgeoning, the comparative analysis of implementation has been neglected. This article draws on implementation theory to formulate expectations about the political costs and benefits of different degrees of implementation. Implementation ranges from political endorsement to the creation of central units in charge of regulatory quality and the production and publication of RIA results and methods. Our findings show that economic integration, the characteristics of the political system, economic resources, bureaucratic efficiency and pressure group activities play different roles in the various stages of implementation. We discuss the policy implications of these findings in terms of priorities given to different processes of regulatory reform and the demands that innovations like RIA pose on administrative capacity and stakeholders' participation.
TL;DR: In this paper, a central element of agency accountability, their accountability vis-a-vis the management boards, is investigated, based on interviews with agency directors and board representatives, and recurring weaknesses that seriously impinge upon their effectiveness are identified.
Abstract: European agencies have become an established part of the European Union's architectural set up and are the most proliferating institutional entities at the EU level. However, as their relevance and prevalence in the EU institutional landscape has increased, so have concerns about the possibility for such bodies to escape scrutiny. This article investigates a central element of agency accountability: their accountability vis-a-vis the management boards. The main and most direct confines on the grant of authority to agencies and their directors are represented by the management boards. Given the formal powers exercised by European agencies, it is important to observe to what extent boards are successful in exercising their scrutinizing roles. Based on interviews with agency directors and board representatives, this contribution unravels how these accountability ties operate in practice and identifies recurring weaknesses that seriously impinge upon their effectiveness. The contribution offers a potential ex...
TL;DR: In this paper, the authors give a historical-institutionalist account and argue that path dependence explains the course that case law takes, and discard alternative explanations that explain case law by drawing on the preferences of member states or judges.
Abstract: The role that the ECJ plays in European integration has been much discussed by political scientists. Less is known about how case law develops. In this contribution, I give a historical–institutionalist account and argue that path dependence explains the course that case law takes. Litigants provide positive feedback in this process, aiming to strengthen their rights by transferring legal arguments from one area to the next, leading to a convergent interpretation of the fundamental freedoms. The contribution traces this development, analysing how legal arguments were transferred from goods markets to the free movement of workers and citizenship as a result of positive feedback to a distinct legal interpretation. I discard alternative explanations that explain case law by drawing on the preferences of member states or judges.