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The introductory chapter lays out the theoretical framework, the puzzles, and the research questions motivating this book. Which economic ideas explain the design of the European Union’s economic policy? What explains the main cleavages underpinning its reforms? What explains the outcome, timing, and direction of these reforms? What explains the adoption of its implementation instruments, the so-called country-specific recommendations? Why does compliance vary? What explains the use of the corrective procedure and is it effective? The chapter provides an overview of how the economy, national politics, and supranational politics shape the entire policy cycle, from the definition of the policy problem to the design of the policy and its implementation. To help readers familiarize themselves with policy technicalities, the chapter concludes by briefly summarizing the primary and secondary laws regulating the policy.
Balancing Pressures analyses how the economy, national politics, and supranational politics shape economic policymaking in the European Union. Economic theories alert policymakers of the problems associated with policy initiatives. Economic uncertainties shape political positioning during negotiations, while actual economic conditions affect both negotiations and implementation. National pressures to win office and pursue policies systematically influence negotiating positions, implementation patterns, and outcomes. Supranational pressures are associated with membership in the euro area, the expected and actual patterns of compliance, or the context of negotiations. Spanning the period of 1994 to 2019, this book analyses how these pressures shaped the definition of the policy problems, the controversies surrounding policy reforms, the outcome, timing, and direction of reforms, the negotiations over preventive surveillance, the compliance with recommendations, and the use and effectiveness of the procedure to correct excessive fiscal deficits. It concludes by assessing the effectiveness, fairness, and responsiveness of the policy.
When the European Union was awarded the Nobel Prize for Peace in 2012, the citation stated that military conflict on the continent was “virtually inconceivable” owing to its action. This article will examine what role its acts and omissions played in the origins of the Ukraine crisis. The tensions stoked by potential NATO membership have been well aired. However, this article will argue that the treatment of minorities and particularly of the Russian language was equally important. The EU’s failure to address these questions by insisting Kjiv grant substantial linguistic rights, or even regional autonomy as foreseen by the second Minsk agreement, was a significant cause of the conflict.
This chapter covers the European system for the protection of human rights, highlighting the roles of the Council of Europe, the European Union, and the Organization for Security and Cooperation in Europe (OSCE). It examines the work of the European Court of Human Rights, the European Committee of Social Rights, and other specialized bodies in protecting and promoting human rights in Europe. The chapter discusses the legal and institutional framework of the European human rights system, the challenges and successes in its implementation, and the role of European institutions in advancing human rights standards.
Ethnographic approaches to transnational legal conflicts (TLCs) can provide key insights into the material and symbolic manifestation of the authority of international organisations (IOs) within global governance. TLCs emerge due to the differing pursuits and ambitions of actors in a pluralistic global society. In global governance, the multiplication of international institutions and the fragmented legal frameworks to which they refer raise questions as to the legitimation of IOs’ authority. This contribution builds on ethnographic observations of the TLCs around migrant rescues at the external maritime border of the EU in the Central Mediterranean. The emergence of the Libyan Search and Rescue Region (SRR) in the International Maritime Organization’s Global Search and Rescue Plan in June 2018 legitimised European authorities’ handing over of responsibility to Libyan authorities to coordinate the rescue of migrants and to thus disembark survivors in Libya. This, in turn, clashed with the international principle of non-refoulement and the duty to disembark rescued people in a place of safety according to the 1979 Convention on Maritime Search and Rescue. By describing the dilemmas posed to NGOs involved in rescues of migrants in the Libyan SRR, this contribution shows how IOs’ transnational authority materialises in the on-site hierarchisation of legal provisions within TLCs.
Fundraising is an essential part of the political enterprise. In almost all countries, parties and candidates rely on donations in order to collect sufficient resources to finance their political activities. While most of the existing research in the past has focused on the motivation of donors to contribute to parties and candidates, this article starts from the premise that the level of donations can best be explained by an interplay of supply-side factors (donors) and demand-side factors (political actors). This article specifically focuses on the demand-side: which policy and strategies do political actors develop to seek donations from various sources? To this end, explanatory factors on three main dimensions – institutional, inter-party, intra-party – were examined with regards to the fundraising strategies of European political parties and foundations. Based on a combination of a document analysis and semi-structured interviews, the article will show how the regulatory framework, the possibility of a public backlash, party ideology and the general income structure of political parties influence their donation policy.
The European Union and China have a relationship that is characterized by strong economic interdependence. But since Xi Jinping’s ascent to power, the gap in power and interests between the EU and China has widened, and cooperation has become more difficult. As a result, the EU’s China policy has shifted towards a more structural realist perspective, strategy, and policy. The EU’s realist turn will be analysed in two major areas of the EU–China relationship: security and defense with a focus on Taiwan, and trade. The EU has increased support for Taiwan and for maintaining the status quo in the Taiwan Strait by bandwagoning with the United States. In external trade, the EU is strengthening its own economic security and is balancing against China through diversifying its trade relations in the Indo-Pacific region.
Chapter 2 covers the period from 1960 to 1980 and analyses how teachers’ unions emerged as the most powerful force in education policy, often at the expense of other interest groups – most notably the private school associations and parental groups. The chapter investigates how this shift in influence shaped major education reforms of that era. It explains how governments found it relatively easy to expand secondary education to an entirely new generation, as teachers’ unions stood to gain substantial material benefits. In contrast, governments faced extraordinary difficulties in integrating the selective education systems into comprehensive school types aimed at promoting social inclusion, largely due to strong union opposition. Additionally, the chapter analyses how teachers’ unions, in fierce competition with other interest groups, consolidated and extended their influence at local levels across the case countries and the European Union.
Does the EU’s performance compared to neighboring countries influence public support? Using a benchmarking approach, we argue that people compare their country’s performance within the EU to that of a non-EU country, shaping their attitudes. The COVID-19 vaccine rollout in 2020 provides an ideal test case, as governments launched vaccination programs at different speeds. The UK began weeks before EU countries, allowing us to examine its impact on EU support. Using an Unexpected Event during Surveys Design (UESD) with Eurobarometer data, we find that the UK’s early rollout significantly reduced specific policy support for the EU but did not consistently affect diffuse support. Our findings offer key insights into attitudes toward European integration and performance evaluations.
The article explores how European Union (EU) democracies respond to the transnational repression phenomenon. Authoritarian transnational repression has become an increasingly recurrent phenomenon in recent years. However, we still have an inadequate understanding of how Western democracies respond to such forms of authoritarian interference. This article sheds light on the EU’s responses to the authoritarian transnational repression phenomenon by using the analytical framework of securitisation as its theoretical approach. In doing so, it aims to find out the extent to which transnational repression has been securitised in the EU. The study demonstrates that the EU’s response to the transnational repression phenomenon exhibits the case of a failed securitisation. The paper draws its analysis from policy documents, semi-structured interviews with EU stakeholders, and descriptive analysis from the Freedom House Transnational Repression Database.
What is the current state of Comparative Regionalism (CR) as a field of research? Since its inception, CR has suffered from a chasm between those who take European integration as the model for conceptualising, theorising, comparing, and designing regionalism worldwide, and the critics, who reject EU-centrism in favour of more contextualised approaches focusing on the Global South. This paper challenges this characterisation by showing how CR has fundamentally changed in the last decade or so. We detail three ‘silent’ transformations: (i) conceptually, scholars disaggregate regionalism into specific components, rendering systematic comparison more tractable and less individual case-centric; (ii) theoretically, scholars develop frameworks that build on general social science theories and actively seek to move beyond EU-centrism; and (iii) methodologically, scholars use more rigorous comparative designs and a broader range of data. These changes, we suggest, indicate a ‘mainstreaming’ of CR, with attendant benefits and costs.
Greenhouse gas (GHG) emissions from shipping contribute meaningfully to climate change. Despite significant efforts of the International Maritime Organization over recent decades, existing measures are still inadequate for achieving net-zero GHG emissions in the shipping sector and multilateral negotiations hold little promise for improvement. This article considers the polluter pays principle (PPP) as an alternative or additional pathway for tackling marine GHG emissions. The article focuses on the challenges in identifying polluters, which is the key issue that must be addressed before the PPP can be applied. Specifically, the article presents an analytical framework and examines various approaches to identifying marine GHG emissions polluters. Firstly, it identifies the polluter from a general perspective, using three approaches: examining the issue broadly, reviewing international conventions and European Union initiatives that incorporate the PPP, and analyzing selected domestic legislation reflecting the PPP. The article then focuses on maritime shipping, considering specifically two types of contract of affreightment – charterparties and bills of lading – while highlighting key factors in identifying the polluter. In conclusion, the assessment of causal links, along with operational and management decisions regarding the vessel, attribute the status of primary polluter to the shipowner, demise charterer, and time charterer.
'Subsidiarity' is vague and contested, yet popular in scholarship about international law due to its role in the European Union (EU). Which conceptions of subsidiarity are more justifiable, and how might they contribute to international law? A principle of subsidiarity concerns how to establish, allocate, or use authority within a social or legal order, stating a rebuttable presumption for the local. Various historical patterns, practices, principles, and justifications offer different recommendations. Seven normative theories vary in how immunity protecting or person promoting they are. The latter appear more justifiable and withstand criticism often raised against subsidiarity. Some conceptions of person promoting subsidiarity serve as a structuring principle for international law and fullfills several criteria of a general principle of law. It can harmonize domestic and international law but is not sufficient to reduce fragmentation among sectors with different objectives.
There are myriad open questions and challenges for the Unified Patent Court (UPC) system and the unitary patent, which constitute a new layer to the European patent landscape on top of the existing courts and types of patents. One of those is the question of how this new system will interact with utility models, which seems to have mostly escaped academic scrutiny so far. This chapter explores this interaction, focusing predominantly on the consequences of the new unitary patent and the UPC for strategies surrounding patents and utility models, including the division of judicial competence. By considering, amongst other things, the complicated relationship and overlap of these rights, the limited but influential mandate of the UPC, the fragmented landscape for utility models, and the different sources of law governing a unitary patent, this chapter examines how litigation before the UPC may affect (strategies involving) utility models.
The rise of the European Union elicits both theoretical and practical questions about notions of citizenship, and citizens’ duties, that transcend nation-state boundaries. Indeed, its supranational nature invites reevaluation of the concepts of citizenship and political community more generally. In a similar vein, this chapter considers the European Court of Justice’s (ECJ) practice of horizontal application in light of republican theory. The fact that the ECJ has introduced horizontal application in EU law at all is itself a point of interest, given the debatable status of the Union as a political community in the republican sense. This book’s republican framework points toward a conceptual relationship between the development of horizontal application and the fate of the European Union as, in fact, something more than a loose union of nation-states. Put differently, a full flowering of horizontal application is theoretically tied to wider acceptance of the European Union as a fully fledged political community, complete with citizens’ duties to one another and a common good of which to speak.
Soon after the adoption of the new constitution and its own establishment, the German Constitutional Court ruled that the Basic Law had a “radiating effect” on all of German law and life, including private law. The Court reached this decision in the Lüth case amid much debate and a range of alternative understandings. Many legal actors worried that such a move toward horizontal application would blur the line between public and private law to the detriment of the civil law system. Following Lüth, jurists at all levels eventually assumed the Constitutional Court’s rationale that one could not speak of private law divorced from constitutional law. Still, certain elements of the German legal-political culture emphasized autonomy in private spaces. Likewise, constitutional actors largely considered cases relating to equality and antidiscrimination as a limit to horizontal application. As cases relating to such matters have arisen, the Constitutional Court and other constitutional actors have reexamined the reach of horizontal application. Republican discourses only extended so far in early understandings, but new forces, particularly in initiatives of the European Union, have led the Court and Bundestag to reassess how far into private spaces these rights commitments reach.
Both European Union law and the European Convention on Human Rights offer an opportunity structure for a broad array of interests to pursue their objectives through strategic litigation. The spectrum of rights that litigants can claim is sufficiently broad that no consensus has emerged on the general consequences of such litigation. While much research has emphasized European law as a resource for civil society groups, EU law in particular has also been identified as a boon for businesses who challenge cornerstones of coordinated capitalism. This paper sets out to provide a better empirical basis for a normative evaluation of the consequences of strategic litigation in European law by asking who engages in it and who does not. It draws on data from a large-scale survey among interest groups in eight European countries. While results show significant differences in country-level litigation rates, the focus of this analysis is on the impact of group characteristics on the choice of litigation as a strategy. The findings confirm that litigation requires specific resources but highlight that groups with a prior interest in European affairs and those with antagonistic relations to national authorities are the most likely to turn to strategic litigation based in European law.
This Article discusses the emerging strategic litigation practice in the European Union through the lens of participatory democracy. After situating such a practice both historically and conceptually within the specificities of the EU legal order, it explores whether and the extent to which strategic litigation, understood as an additional form of participation in the Union’s democratic life, may contribute to EU participatory democracy and under which conditions. It unveils that while strategic litigation carries the potential to enhance democratic participation in the EU, it also risks—due to limited judicial literacy and unequal access to justice—empowering those already powerful. For strategic litigation to unleash its democratic potential at scale, EU courts must—as required by the “Provisions on Democratic Principles” of the Treaty of Lisbon—ensure a participatory enabling environment capable of proactively catalyzing and facilitating the ability of ordinary citizens—as well as diffuse, under-resourced and traditionally overlooked groups—to be better able to contribute to the Union’s democratic life. Ultimately, no legal order worth of its name should rely on the heroism of its citizens and residents to keep its legal system in check.
The European Union adopted region-wide binding legal norms and a multifaceted legal approach to human trafficking. This chapter explains that the EU has competence (legal authority or jurisdiction) over human trafficking because trafficking is seen as a crime that moves across borders. By contrast, the EU needs another source of competence to tackle forced labour in supply chains. These different sources of competence over different drivers of unfree labour resulted in a proliferation of gendered governance strategies. Pushed by the Council of Europe’s Convention on Action against Trafficking in Human Beings, the EU incorporated the rights of trafficking victims. The chapter illustrates how victim’s rights were subsumed under the EU’s primary goal of hardening Member States’ borders against undesirable outsiders, exemplified by migrant sex workers. The EU also promoted a corporate sustainability due-diligence directive and a product ban targeting unfree labour in supply chains, thereby extending EU values beyond Member States’ borders.
Russia's war against Ukraine has had devastating human consequences and destabilizing geopolitical effects. This roundtable takes up three critical debates in connection with the conflict: Ukraine's potential accession to the European Union; the role of Ukrainian nationalism in advancing democratization; and the degree of human rights accountability, not just for Russia, but also for Ukraine. In addition to challenging conventional wisdom on each of these issues, the contributors to this roundtable make a second, critically important intervention. Each essay explores the problem of concealed political and normative commitments within much of the research on Russia's war against Ukraine by unearthing biases intrinsic to particular conceptualizations. The collection also questions the perceived separation between “interests” and “values” that permeates policy analysis. This roundtable further draws attention to the ethical problems that scholars and policymakers bring to policy debates through the occlusion of their preexisting political commitments. It argues for greater transparency around and awareness of the ways in which values, not just evidence, inform research findings and policy positions.