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4831. Changes in the Constitutional Structure of Bosnia and Herzegovina

Author:
Henry L. Clarke
Publication Date:
02-2006
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
The constitutional structure of Bosnia and Herzegovina is complex, emerging as it did from a peacemaking process between Serb forces of Republika Srpska and a coalition of Bosniak (or Muslim) and Croat forces under the Federation of Bosnia and Herzegovina. Most of the fundamental obligations of the state of Bosnia and Herzegovina and its two subordinate Entities, Republika Srpska (RS) and the Federation of Bosnia and Herzegovina (FBiH), arise from the General Framework Agreement for Peace (GFAP) in Bosnia and Herzegovina and its Annexes, often called the Dayton Accords, signed in Paris on December 14, 1995. The Constitution of Bosnia and Herzegovina is Annex 4 of the General Framework Agreement.
Topic:
Democratization, Government, and Politics
Political Geography:
Europe, Bosnia, and Herzegovina

4832. European Chemical Policy and the United States: The Impacts of REACH

Author:
Rachel Massey, Frank Ackerman, and Liz Stanton
Publication Date:
09-2006
Content Type:
Working Paper
Institution:
Global Development and Environment Institute at Tufts University
Abstract:
The European Union is moving toward adoption of its new Registration, Evaluation and Authorization of Chemicals (REACH) policy, an innovative system of chemicals regulation that will provide crucial information on the safety profile of chemicals used in industry. Chemicals produced elsewhere, such as in the United States, and exported to Europe will have to meet the same standards as chemicals produced within the European Union. What is at stake for the U.S. is substantial: we estimate that chemical exports to Europe that are subject to REACH amount to about $14 billion per year, and are directly and indirectly responsible for 54,000 jobs. Revenues and employment of this magnitude dwarf the costs of compliance with REACH, which will amount to no more than $14 million per year. Even if, as the U.S. chemicals industry has argued, REACH is a needless mistake, it will be far more profitable to pay the modest compliance costs than to lose access to the enormous European market.
Topic:
Government, Industrial Policy, and International Trade and Finance
Political Geography:
United States and Europe

4833. The Open Method of Coordination as practice - A watershed in European education policy?

Author:
Åse Gornitzka
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper asks whether the application of the Open Method of Coordination (OMC) represents a fundamental change in how cooperation takes place within education as a policy area at the European level. Based on a case study of a process that eventually would lead to the “Education and Training 2010” programme of the EU, the paper analyses how the OMC was turned into practice in European education policy. It argues that with the introduction of the OMC a new political space was created in this policy domain. The paper analyses the practices of the OMC in terms of the actors and roles that have been activated at the European level, the role of OMC education in a larger order, and its operative dynamics. The different elements of OMC show varying degrees of institutionalisation. Parts of this process have been experimental, especially as a venue of policy learning and peer reviewing. On the other hand the attention and agenda of EU institutions involved in education policy have been coordinated over time through the routines established around the goals and objectives of the OMC process. The use and development of indicators have also become well established as one of the main components of European cooperation in this field.
Topic:
International Relations, Development, and Education
Political Geography:
Europe

4834. Higher Education as a Form of European Integration: How Novel is the Bologna Process?

Author:
Anne Corbett
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper argues that at a time in which higher education has become central to the concerns of EU institutions as well as national governments, it is helpful to understand current policy initiatives - both the spin offs from the EU's Lisbon strategy and the intergovernmental Bologna Process – in the comparative terms of the dynamics of policy-making. Drawing on institutionalist frameworks biased towards process (Kingdon 1984, March and Olsen 1989, Barzelay 2003) and comparative historical analysis, it presents policy initiatives from the period 1955-87, including the supranational European University proposal and the Erasmus programme, as both historical events, and theorised configurations of agenda setting, alternative specification, and choice. It suggests that such a framework can be helpful to both those interested primarily in European integration and those whose interests lie in the dynamics of higher education policy-making in a multi-level setting.
Topic:
Development, Education, and Government
Political Geography:
Europe and Lisbon

4835. Divided Government European Style? Electoral and Mechanical Causes of European Parliament and Council Divisions

Author:
Philip Manow and Holger Döring
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Voters who participate in elections to the European Parliament tend to use these elections to punish their domestic governing parties. Many students of the EU therefore claim that the party-political composition of the Parliament should systematically differ from that of the Council. This study, which compares empirically the party-political centers of gravity of these two central political actors, shows that opposed majorities between Council and Parliament may have other than simply electoral causes. The logic of domestic government formation works against the representation of politically more extreme parties, and hence against more EU-skeptic parties in the Council. At the same time, voters in EP elections vote more often for these more extreme and more EU-skeptic parties. The different locations of Council and Parliament in the pro-/contra-EU dimension may thus be caused by two – possibly interrelated – effects: a mechanical effect, due to the translation of votes into seats and then into ‘office’, and thus also into Council representation, and an electoral effect in elections to the European Parliament. The paper discusses the implications of this fi nding for our understanding of the political system of the EU and of its democratic legitimacy.
Topic:
Government, Politics, and Regional Cooperation
Political Geography:
Europe

4836. The Problem of Legitimacy in the European Polity. Is Democratization the Answer?";

Author:
Ulrich K. Preuss and Claus Offe
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The authors discuss potential sources of legitimacy of the EU, i. e. of the normative bindingness of its decisions. After rejecting the views that such legitimacy is either not needed, not feasible, or provided for already, they focus upon the corrosive impact of the EU upon democratic legitimacy within member states. Brussels-based 'governance' is essentially uncontested and can hardly provide for the legitimacy that results from the interplay between government and opposition within nation states. The problem boils down to achieving legitimacy in the absence of the political community of a 'demos'. The paper outlines a solution to this problem that relies on the apparently oxymoronic model of a 'republican empire' - a political community, that is, which is held together not by the bonds of some presumed sameness, but, to the contrary, by the shared contractual recognition of the dissimilarity of its constituent parts from which legitimacy can flow.
Topic:
Democratization, Development, and Politics
Political Geography:
Europe and Brussels

4837. European Constitutional Identity?

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional identity, there are, in particular, the following four questions which deserve to be addressed: (1) What are we doing when we are “constructing” the European constitutional identity; what are the features of the interpretation leading to such a construction? (2) What values/ideals/principles are a part of our constitutional identity? (3) How does European constitutional identity relate to the specific constitutional identities of European nation-states? (4) What is the relationship between the discourse about political integration within the EU and the existence of European CI, as separate from, and paramount to, identities of member states? On that last issue it is submitted that there is no simple connection between ascertaining the dominant identity at a particular level and the implications for the division of authority between the European and national levels within the EU.
Topic:
Government, International Cooperation, and Nationalism
Political Geography:
Europe

4838. The Relation between Democracy and Religion: Towards a European Discursive "Model";?

Author:
Camil Ungureanu
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
In this paper we advance the argument that, under certain socio-political and cognitive conditions, the manifestation of religion in the opinion-oriented public spheres can have an inherent value for democratic life. However, it is only after processes of selective interpretation and transformation through inclusive discursive practices that religious semantic contents may legitimately influence decisional interpretations of constitutional principles and rights. This “model” draws on republicanism and deliberative democracy: given that these two conceptions do not start out from an abstract principle of liberty as non-interference but from a multidimensional conception of freedom embedded in various historical contexts of mutual recognition, they are more predisposed to provide conceptual resources for envisaging a discursive relation between democracy and religion.
Topic:
Democratization, Economics, Politics, and Religion
Political Geography:
Europe

4839. Current Legal Issues in the External Relations of the European Union

Author:
Michel Petit
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper is based on a lecture delivered during the Academy of European Law Summer School 2006. It provides an examination from a legal perspective of three current themes in the external relations of the European Union. First, the legal implications of the pillar structure for external relations, including recent case law and practical issues arising from the application of Article 47 TEU, the borderline between Community external policies and the Union's common foreign and security policy, and practical interpillar cooperation. It concludes that it is easier to combine the pillars by means of pragmatic solutions, whereas it is much more difficult in the case of a strictly legal construction which takes into account the requirements of Union coherence and the separate character of each pillar. Second, the paper turns to the balance between Member States and the European Union/Community in external policy and in particular the application of the “AETR test” in recent case law including the “Open Skies” cases, the Lugano Convention Opinion and the “Mox Plant” case. It concludes that a proper application of the AETR remains a practical challenge that transcends the narrow issue of pure legal deduction as to whether Community competence is “affected” or not. And third, the paper considers the position of the EU within, and participation in the work of, international organisations such as the United Nations, the WHO and the WTO. The paper concludes by emphasising the need for collaboration between the institutions and for pragmatic solutions to the problems that are inevitable while the Union retains its current complex structure.
Topic:
International Relations, Development, and International Law
Political Geography:
Europe

4840. 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national standards of protection of human rights and of democratic principles. In doing so, they entered into the well-known pattern of behaviour favoured by a number of constitutional courts of the “older Europe”, which is called a “Solange story” for the purposes of this article. But this resistance is ridden with paradoxes, the most important of which is a democracy paradox: while accession to the EU was supposed to be the most stable guarantee for human rights and democracy in postcommunist States, how can the supremacy of EU law be now resisted on these very grounds? It is argued that the sources of these constitutional courts' adherence to the “Solange” pattern are primarily domestic, and that it is a way of strengthening their position vis-à-vis other national political actors, especially at a time when the role and independence of those courts face serious domestic challenges.
Topic:
Democratization and Government
Political Geography:
Europe