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312. Legislate or Delegate? Bargaining over Implementation and Legislative Authority in the European Union
- Author:
- Henry Farrell, Adrienne Héritier, and Carl-Fredrik Bergström
- Publication Date:
- 12-2006
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- In this article we explain how actors' ability to bargain successfully in order to advance their institutional preferences has changed over time as a function of the particular institutional context. We show how actors use their bargaining power under given institutional rules in order to shift the existing balance between legislation and delegation, and shift the rules governing delegation in their favour, between formal treaty changes. We argue that a collective actor's preferences over delegation is a function of whether the actor has more ability to influence policy through delegation or through legislation. We go on to argue that the degree to which a specific actor's preferences can prevail (in a setting in which different actors have different preferences) will depend upon its bargaining power under existing institutional rules, i.e. its ability to impede or veto policy in order to change the division between legislation and delegation and the rules of delegation. Our primary focus in this article is on choice over procedure; i.e. the battles over whether or not delegation or legislation should be employed. We maintain a secondary focus on change in procedure, examining how different procedures of comitology have come into being and been removed from the table. We examine the evolution of the debate over comitology and implementation, over five key periods. We scrutinize how actors within these periods seek to shift the balance of legislation and delegation and the rules of delegation according to their preferences. Our conclusions assess our empirical findings on the basis of our model.
- Topic:
- Development, Government, and Treaties and Agreements
- Political Geography:
- Europe
313. Domestic Politics and Referendums on the Constitutional Treaty
- Author:
- Gemma Mateo González
- Publication Date:
- 05-2006
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- How can the decision of ten member states to subject the Constitutional Treaty of the European Union (EU) to a referendum be explained? Recently, some scholars have considered the need to give legitimacy to the decisions of the EU as one of the principal motivations for holding referendums. An empirical analysis of the motivations behind the decisions in favour of referendums uncovers a completely different reality, however. Political actor s used the possibility to hold referendums about European matters in a strategic way to strengthen their positions in the domestic context rather than to correct the democratic deficit of the EU. The analysis of a database with the positions of all the political parties represented in the national parliaments of the twenty-five member states confirms this point.
- Topic:
- Politics, Sovereignty, and Treaties and Agreements
- Political Geography:
- Europe
314. A Constitutional Basis for Effective External Action?
- Author:
- Marise Cremona
- Publication Date:
- 01-2006
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- This paper will appear in Genèse et Destinée de la Constitution Européenne Commentaire du traité établissant une Constitution pour l'Europe à la lumière des travaux préparatoires et perspectives d' avenir edited by Giuliano Amato, Hervé Bribosia and Bruno De Witte. It seeks to assess, on a selective basis, the provisions in the Constitutional Treaty which relate to the Union's external action. In doing so it considers issues of consistency, competence, the partial integration of the pillars and remaining questions concerning the legal nature of the EU's Common Foreign and Security Policy, the Common Security and Defence Policy, the procedures for concluding international agreements and the common commercial policy. Institutional aspects of external action, and in particular the creation of the Minister of Foreign Affairs, are considered elsewhere in the volume and are therefore not covered here. Consideration is also given to the extent to which it would be possible, and/or desirable, to incorporate the changes made by the Constitutional Treaty into a revised text or an alternative Treaty.
- Topic:
- Security, Foreign Policy, and Treaties and Agreements
- Political Geography:
- Europe
315. Twinning Projects: Analyzing the Experience of "Old" EU Member States and Evaluating Benefits of Twinning Out for the Czech Republic
- Author:
- Elsa Tulmets, Lucie Konigova, and Eliska Tomalova
- Publication Date:
- 11-2006
- Content Type:
- Working Paper
- Institution:
- Institute of International Relations Prague
- Abstract:
- Twinning has become the cornerstone of the European Union's assistance to Acceding, Candidate or Potential Candidate Countries. Recently, Twinning has also started benefiting countries included in the programme of enhanced co-operation (European Neighbourhood Policy countries). The original aim of Twinning was and largely remains to be the building of capacity of these countries to adopt, implement and enforce the full acquis communautaire before joining the European Union (EU).
- Topic:
- Conflict Resolution and Treaties and Agreements
- Political Geography:
- Europe and Eastern Europe
316. Northern Ireland: Prospects for Progress in 2006?
- Author:
- Stephen Farry
- Publication Date:
- 09-2006
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- The British and Irish governments have declared that talks in 2006 will be “make or break” for reestablishing the political institutions that have been suspended since 2002. There is a serious prospect that the Assembly, the agreement's key institution, could be dissolved. Political polarization has created a new context for mediators, in which the relatively extreme Democratic Unionist Party (DUP) and Sinn Féin have overtaken their more moderate unionist and nationalist rivals in the Ulster Unionist Party (UUP) and the Social Democratic and Labour Party (SDLP), respectively. Having historically based their efforts on trying to build an agreement primarily around the moderates, the governments are in uncharted waters in trying to reach a renewed accommodation. Furthermore, the package of incentives and disincentives available to the governments may not be sufficient to persuade the DUP and Sinn Féin to reach accommodation. The key issues in forthcoming negotiations will be the Independent Monitoring Commission's verification of the end to all Irish Republican Army (IRA) activity, agreement on the modalities for the devolution of policing and criminal justice powers, and some changes to the details of the political institutions under the fundamental principles of the agreement. Northern Ireland's Good Friday Agreement has been held up internationally as a model for successful peacekeeping. It has had many successes, most notably the end of republican and loyalist terrorist violence, although some residual paramilitary activity and involvement in organized crime remains a problem. However, the agreement has a number of flaws, many linked to its consociational character. Furthermore, major mistakes have been made during the attempts to achieve its full implementation. The prolonged suspensions of the political institutions are its most visible failure. However, the persistence of deep communal divisions and increased political polarization have been unintended consequences. Peace has come at the price of reconciliation. No fresh accommodation is likely to prove sustainable unless the wider flaws within the agreement are addressed and the lessons from past mistakes with implementation are learned. The British and Irish governments, with the close support and advice of the Bush administration, must avoid the temptation to seek another “quick fix.” If negotiations fail this fall, a return to mass terrorism is unlikely, and the region will remain superficially “normal” in many respects, but Northern Ireland risks emerging as a dysfunctional political entity.
- Topic:
- Development, Government, and Treaties and Agreements
- Political Geography:
- United Kingdom, Europe, and North Ireland
317. Seeking Kant in the EU’s Relations with Turkey
- Author:
- Ali Murat Özdemir, Hakan Altinay, Jean-François Leguil-Bayart, Senem Aydın Düzgit, and Şeyla Benhabib
- Publication Date:
- 12-2006
- Content Type:
- Special Report
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- We believe European Union membership is in the interests of Turkey, the EU, and the global community. We are deeply concerned at the way the European Union is failing to respect the principles of equal treatment in its relations with Turkey. We do not argue that Turkey is ready for EU membership; and we recognise that Turkey has a lot to do, primarily regarding democratic governance, to make itself ready for membership. However, we also believe that increasingly discriminatory practices towards Turkey violate the Enlightenment principles upon which Europe itself is founded and endanger the formation of a Europe governed by Kantian ideals. This perspective necessitates identifying key events that gave rise to this concern during the period after the 1997 Luxembourg Summit. The main aim of this report is to examine the extent to which the EU has adhered to its official statements on fairness and equal treatment and whether or not the assertion that the EU has breached Kantian ideals is valid. The focus of this report will be two-fold. The first focus will be on the 'double standards' evident in the EU's policies towards Turkey, which we will point out by comparing the EU's treatment of Turkey with its treatment of other candidate countries. It is now widely accepted that there is a clear double standard in the way in which the EU deals with candidate-nations and member states, especially in areas such as human rights and the protection of minorities; the report will be on instances in which the EU has not kept key promises with Turkey or 'systematically distorted' communication has been abound in discussions over the issue. We believe that such an endeavour is imperative to see the way in which the EU today is deviating from the Kantian ideal of achieving a Europe without dividing lines, where 'you do as you would be done by.'
- Topic:
- Treaties and Agreements, Governance, European Union, Democracy, Regional Integration, and Immanuel Kant
- Political Geography:
- Europe, Turkey, Middle East, and Mediterranean
318. A Citizens Compact: Reaching out to the Citizens of Europe
- Author:
- Sebastian Kurpas, Marco Incerti, Justus Schönlau, Daniel Keohane, Julia De Clerck-Sachsse, Gaëtane Ricard-Nihoul, José I. Torreblanca, Martin Koopmann, Fredrik Langdal, Ben Crum, Anna de Klauman, Anne Mette Vestergaard, and David Kràl
- Publication Date:
- 09-2005
- Content Type:
- Working Paper
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- How can the deadlock after the 'no' to the European Constitutional Treaty in France and the Netherlands be overcome? What should be the aim of the 'period of reflection' that has been agreed by the European Council?
- Topic:
- Civil Society, Government, and Treaties and Agreements
- Political Geography:
- Europe and Netherlands
319. Update on the Ratification Debates: What Prospects for the European Constitutional Treaty? Results of and EPIN Survey of National Experts
- Author:
- Sebastian Kurpas, Marco Incerti, Justus Schönlau, and Julia De Clerck-Sachsse
- Publication Date:
- 05-2005
- Content Type:
- Working Paper
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- The ratification process of the Constitutional Treaty has taken some unexpected turns, since the publication of our initial report. The situation has changed especially dramatically in France: within only 10 days the 'yes' camp slid from a previously stable figure of around 60% to below 50%. Our report had concluded that “if the reasons for a particular European compromise are not made transparent to the citizens, issues can be used in a divisive way at the national level”. It therefore called for a stronger European dimension in the national debates and expressed the hope that politicians and the media would play their role in stressing the common European significance of the European Constitution.
- Topic:
- International Relations, Government, and Treaties and Agreements
- Political Geography:
- Europe and France
320. What Prospects for the European Constitutional Treaty? - Monitoring the Ratification Debates
- Author:
- Sebastian Kurpas, Marco Incerti, and Justus Schönlau
- Publication Date:
- 01-2005
- Content Type:
- Working Paper
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- Following the success of the EPIN survey on the European elections 2004 (EPIN Working Paper No. 11), the authors decided to use a similar approach for monitoring the current ratification process of the European Constitutional Treaty. Accordingly, the findings presented in this paper are based on the results of a survey conducted among national experts associated with the European Policy Institutes Network (EPIN). As such, they are inherently subjective, but nevertheless wellinformed. The report draws on survey data collected in 20 EU member states, supplemented by additional sources of information on the remaining countries where available. While the actual outcomes may prove our findings wrong in one respect or another, they do indicate interesting developments and differences in the respective member states. The added value of this EPIN survey lies in its broad comparative scope and analysis rather than its offering an in-depth assessment of each national debate. (For the latter, special country reports are envisaged at a later point in time.) The EPIN Ratification Monitor project plans to publish regular updates on the rapidly changing situation.
- Topic:
- International Relations, Government, and Treaties and Agreements
- Political Geography:
- Europe