Edoardo Bressanelli, A. Heritier, Christel Koop, C. Reh
{"title":"The Informal Politics of Codecision: Introducing a New Data Set on Early Agreements in the European Union","authors":"Edoardo Bressanelli, A. Heritier, Christel Koop, C. Reh","doi":"10.2139/ssrn.2448865","DOIUrl":"https://doi.org/10.2139/ssrn.2448865","url":null,"abstract":"One of the most important developments in the history of the EU’s codecision procedure has been the steep rise in “early agreements” since 1999, and the shift of legislative decision-making from public inclusive to informal secluded arenas. As part of a wider research project on “The Informal Politics of Codecision”, this working paper launches a new data set on all 797 legislative files concluded under codecision between 1999 and 2009. The paper discusses the process of data collection and coding; explains and justifies the operationalisation and measurement of key variables; and elaborates on the methodological challenges of capturing informal political processes. The paper offers rich descriptive statistics on the scale and scope of early agreements across time, and explores how key characteristics of the legislative file (legal nature, policy area, complexity, salience, policy type, duration) and of the main negotiators (priorities of the Council Presidency, ideological distance between Parliament’s rapporteur and national minister, Presidency’s workload) co-vary with decision-makers’ choice to “go informal”. Demonstrating that early agreements are not restricted to technical, urgent or uncontested files but occur across the breadth of EU legislation, and increasingly so with time in use, the data strongly underline the relevance of informal decision-making for scholars and policy-makers alike.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123285233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Geography of the Euro Crisis: The ECB, Its Institutional Form, Functions, and Performance","authors":"G. Clark","doi":"10.2139/ssrn.2456154","DOIUrl":"https://doi.org/10.2139/ssrn.2456154","url":null,"abstract":"In their different ways, the European Central Bank (ECB) and the US Fed combine expertise with representation: key members of these institutions along with their staff are appointed on the basis of their expertise and professional qualifications whereas each organisation is conceived, in part, so as to represent the constituent nation-states or regions that make-up their currency zones. In this paper, the tension between expertise and representation apparent in the constitution in each institution is explored with emphasis on the ways in which geography is represented in monetary policy decision-making. The formal representation of nation-states in the ECB, their voting rights, and the significance or otherwise of large Eurozone countries is also considered. Being an analytical assessment of the effectiveness of the ECB compared to the Fed, the effectiveness of each institution is assessed in the light of financial risk and uncertainty and the complex interplay between monetary authorities and fiscal federalism. Implications are drawn as to the process whereby the Euro crisis has been managed, and the ways in which the welfare of peripheral countries have been discounted notwithstanding the possibility of out-voting the major countries of western Europe. The paper closes with brief comments on the prospects for reforming the ECB.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123543776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Recent Trends of Common Commercial Policy of the European Union: From Global-to-Regional (and Return?) in the Governance of International Economic Order","authors":"C. Cellerino","doi":"10.5040/9781782258025.ch-030","DOIUrl":"https://doi.org/10.5040/9781782258025.ch-030","url":null,"abstract":"International trade governance has traditionally aspired to the creation of a multilateral global trade system. However, also in reaction to the slow pace of the multilateral agenda, some players have started boosting bilateral/regional approaches to liberalization as alternative avenues for achieving economic gains from improved international trade liberalization. In this context, some features of the recently negotiated European Union’s comprehensive bilateral/regional free trade agreements (“FTAs”) deserve a particular analysis. Not only because their content reflects a new approach in European common commercial policy as compared to the past, but also because they raise some issues as regards their impact on European legal order and on the future of multilateral trade system in general. The paper tries to offer an overview of some significant features of the new generation EU-negotiated FTAs, looking at the new competences conferred upon the European Union by the Lisbon Treaty in the common commercial policy domain. It shall provide some insights on the effects of such agreements on European Union legal order, focusing on the possibility to invoke their direct applicability before European and member States courts, and draw some critical considerations on issues of European governance connected to their conclusion.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123258656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Economic Governance and the Euro Crisis: Constitutional Architecture and Constitutional Implications","authors":"P. Craig","doi":"10.2139/SSRN.2433071","DOIUrl":"https://doi.org/10.2139/SSRN.2433071","url":null,"abstract":"The financial crisis, and resulting crisis with the Euro, has had profound effects on the EU, and its Member States, even those that do not form part of the Euro zone. It has generated a welter of measures to combat the ‘problem’ and this flurry of initiatives has not yet come to an end, nor is it likely to do so in the short term. This chapter considers the emerging constitutional architecture resulting from these measures, from both a substantive and a formal dimension. This is followed by examination of the constitutional implications of the measures adopted thus far. The discussion considers these implications from a legal, economic and political perspective, and it will be seen that there are significant constitutional challenges in all three areas.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125782500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"European Regulatory Private Law – The Paradigms Tested","authors":"H. Micklitz, Y. Svetiev, G. Comparato","doi":"10.2139/SSRN.2423306","DOIUrl":"https://doi.org/10.2139/SSRN.2423306","url":null,"abstract":"The working paper collects the research presented in the second annual external workshop of the ERPL Project that took place on 16 and 17 May 2013 at the EUI in Florence. The second year of the project was devoted to the collection of empirical evidence in the various sub-projects, as well as in further elaboration of the theoretical and conceptual parameters that frame the project research. The theoretical parts of the working paper collects contributions on the relation between private autonomy and regulation (in Part I) as well as on the transformation of private law, including the drivers of the transformation in the public/private divide that in turn affects the purview of private law, as well as the transformation in the form and function of contract law and tortious liability (in Part III). The empirical part of the working paper contains contributions investigating the topics of remedies, standardisation of services, and telecommunications, analysed from the perspective of the parameters of hybridization, convergence and self-sufficiency, as elaborated in the previous working paper of the project LAW 2012/31 ERPL-01.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128329692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Let's Get Comprehensive: European Union Engagement in Fragile and Conflict-Affected Countries","authors":"M. Furness","doi":"10.2139/SSRN.2412069","DOIUrl":"https://doi.org/10.2139/SSRN.2412069","url":null,"abstract":"The European Union is one of the world’s most important actors in assisting fragile and conflict-affected countries, and has made engagement with ‘fragile states’ a top priority for its development policy. At the policy level, the EU’s approach is in line with international best practices defined by the OECD’s 2007 Principles and the 2011 Busan ‘New Deal’ for fragile states. At the operational level, the EU is developing a ‘comprehensive approach’ to the implementation of its policies. As is the case with most international actors that engage with fragile and conflict-affected countries, a multidimensional gap exists between the intentions expressed at the policy level and the reality of operations at the country level. This paper argues that three sets of factors intervene between the policy and the operations level: cognitive factors related to turning knowledge of partner-country political processes into appropriate actions; issue-related conflicts of interest and trade-offs; and actor-related factors concerning coordination and capacity. This paper discusses how these factors affect the implementation of the EU’s policy frameworks with reference to three fragile and conflict-affected countries: South Sudan, Nepal and Liberia.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"19 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113937326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Structural Asymmetries at the Roots of the Eurozone Crisis: What's New for Industrial Policy in the EU?","authors":"A. Botta","doi":"10.2139/ssrn.2418530","DOIUrl":"https://doi.org/10.2139/ssrn.2418530","url":null,"abstract":"In this paper, we analyze and try to measure productive and technological asymmetries between central and peripheral economies in the eurozone. We assess the effects such asymmetries would likely bring about on center–periphery divergence/convergence patterns, and derive some implications as to the design of future industrial policy at the European level. We stress that future European Union (EU) industrial policy should be regionally focused and specifically target structural changes in the periphery as the main way to favor center–periphery convergence and avoid the reappearance of past external imbalances. To this end, a wide battery of industrial policy tools should be considered ranging from subsidies and fiscal incentives to innovative firms, public financing of R&D efforts, sectoral policies, and public procurements for home-produced goods. All in all, future EU industrial policy should be much more interventionist than it currently is, and dispose of much larger funds with respect to the present setting in order to effectively pursue both short-run stabilization and long-run development goals. Keywords: Center–Periphery Structural Symmetries, EU Industrial Policy JEL Codes: E12, F15, O25, O52","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121194135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An Information Processing Approach to Public Organizations: The Case of the European Union Fundamental Rights Agency","authors":"Tannelie Blom, Valentina Carraro","doi":"10.1695/2014001","DOIUrl":"https://doi.org/10.1695/2014001","url":null,"abstract":"This article presents the results of a single-case study done in order to probe a specific version of an information processing approach to the study of (public) organizations. The case used for this probe is the European Fundamental Rights Agency. The article demonstrates that the information processing approach to public organizations as sketched out in the first sections of this article provides a conceptual framework that enables a fine-grained descriptive analysis of bureaucratic processes and their essential structures. It is shown how the rather fierce (‘constitutive’) politics behind the Fundamental Rights Agency establishment resulted in specific organizational structures that, from a strictly formal point of view, seem to effectively put the agency in shackles. This article also shows that although seemingly weak, the Fundamental Rights Agency is able to circumvent its formal restrictions through the exploitation of the structural incoherencies and gaps that are inevitable concomitants of political compromise in its daily operations.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122077903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Possibility and Terms for Applying the Brussels I Regulation (Recast) to Extra-EU Disputes","authors":"Luigi Mari, Ilaria Pretelli","doi":"10.1515/9783866536081.211","DOIUrl":"https://doi.org/10.1515/9783866536081.211","url":null,"abstract":"In order to strengthen the efficacy of the Brussels I Regulation (recast), which has already been shown to operate effectively, it is suggested to complete it with specific rules aimed at circumscribing the jurisdictional power in respect of extra-EU cases, together with specific rules on recognition and enforcement of judgements pronounced in Third States. However, for the sake of legal certainty, it is suggested that the EU stipulates international conventions on recognition and enforcement of judgements with its most strategic partners.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129404418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Family Policy Outcomes: Combining Institutional and Demographic Explanations of Women's Employment and Earnings Inequality in OECD Countries, 1975-2005","authors":"R. Nieuwenhuis","doi":"10.2139/SSRN.2438617","DOIUrl":"https://doi.org/10.2139/SSRN.2438617","url":null,"abstract":"Women's employment and earnings, as well as earnings inequality, have been rising in OECD countries in recent decades. This dissertation answers questions pertaining to how family policies have facilitated women in combining motherhood and employment, and how women's earnings have affected the inequality between households. \u0000 \u0000Based on well over a million person-level observations, this study covers 18 OECD countries and a period from 1975 to 2005. \u0000 \u0000Reconciliation policies were shown to reduce the employment gap between mothers and women without children, while policies financially supporting families with children enlarge this motherhood-employment gap. Very long periods of leave, however, negatively affect the employment of mothers. More educated women benefit more from reconciliation policies than less educated. \u0000 \u0000Women's rising earnings were found to have attenuated inequality between households. Family policy rrangements that facilitate women's employment not only contribute to smaller inequalities within households, but also between households.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116392124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}