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501. Recalcitrance, Inefficiency, and Support for European Integration: Why Member States Do (Not) Comply with European Law

Author:
Tanja A. Börzel, Meike Dudziak, Tobias Hofmann, Carina Sprungk, and Diana Panke
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
This paper seeks to explain inter-state variation in non-compliance with European law. While non-compliance has not significantly increased over time, some member states violate European law more frequently than others. In order to account for the variance observed, we draw on three prominent approaches in the compliance literature–enforcement, management, and legitimacy. In the first place, we develop a set of hypotheses for each of the three theories. We then discuss how they can be combined in theoretically consistent ways and develop three integrated models. Finally, we empirically test these models drawing on a unique and comprehensive dataset, which comprises more than 6,300 instances of member-state non-compliance with European law between 1978 and 1999. The empirical findings show that the combined model of the enforcement and the management approach turns out to have the highest explanatory power. Politically powerful member states are most likely to violate European law while the best compliers are small countries with highly efficient bureaucracies. Yet, administrative capacity also matters for powerful member states. The UK and Germany are much more compliant than France and Italy, which command similar political power but whose administrations are ridden by bureaucratic inefficiency and corruption.
Political Geography:
United Kingdom, Europe, France, and Italy

502. The Writer's Responsibility in France: From Flaubert to Sartre

Author:
Gisèle Sapiro
Publication Date:
03-2007
Content Type:
Journal Article
Journal:
French Politics, Culture Society
Institution:
Conference Group on French Politics Society
Abstract:
As Michel Foucault observed in his famous essay, “Qu'est-ce qu'un auteur?” before discourse was a product, it was an act that could be punished. The author's appropriation of discourse as his personal property is secondary to its ascription to his name through penal responsibility. In France, authorial responsibility was introduced in 1551 through royal legislation directed at controlling the book market. The Chateaubriant edict made it compulsory to print both the author's and the printer's names on any publication. The notion of responsibility is thus a fundamental aspect of the emergence of the figure of the modern writer. The state first imposed this conception of responsibility in order to control the circulation of discourses. But after writers internalized the notion, they deployed it against the state in their struggle to establish their moral right on their work and to have literary property recognized as individual property, a struggle that culminated in 1777 with a royal decree recognizing literary compositions as products of labor from which authors were entitled to derive an income. This professional development reinforced the writer's social prestige and status, in Max Weber's sense.
Political Geography:
France

503. Transfers from Migrants to their Children: Evidence that Altruism and Cultural Factors Matter

Author:
Seymour Spilerman, François-Charles Wolff, and Claudine Attias-Donfut
Publication Date:
12-2007
Content Type:
Working Paper
Institution:
Institute for Social and Economic Research and Policy at Columbia University
Abstract:
This paper focuses on the determinants of financial inter vivos transfers by migrants living in France in 2003 to their adult children. From a theoretical viewpoint, such transfers may be explained either by altruism or by exchange. While parents would direct their assistance to their less well off children under altruism, support should be channeled to children who live nearby their parents under the exchange motive. We assess the relevance of these two motives using the French PRI survey. Unequal sharing is frequently observed and children are more likely to receive financial transfers when they are in poor circumstance, but not necessarily when living in proximity to parents. We also emphasize the role of cultural factors as determinants of the parental allocation among children. Muslim parents, in particular, are more likely to make transfers to sons than to daughters.
Topic:
Economics, International Political Economy, International Trade and Finance, Migration, and Political Economy
Political Geography:
France

504. The German Presidency and the EU's Constitutional Malaise

Author:
Andreas Maurer and Daniela Schwarzer
Publication Date:
03-2007
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
The "pause for thought" decreed by the heads of state and government for themselves and their citizens after the voters in France and the Netherlands rejected the Treaty Establishing a Constitution for Europe has been extended for at least another year. By the end of 2008, decisions will have to be taken on how to continue the reform process, yet a concrete strategy for implementing the Constitutional Treaty or an alternative treaty still appears out of reach. Before even beginning to agree on how to move forward, all 27 European Union member states will have to state clearly what goals they are pursuing in the process of institutional reform (a process which all sides agree is necessary) and what steps they believe are required for achieving these goals. In this context, clear statements on the importance of the Treaty and its fate are needed. Consensus on these issues among all 27 member states is unlikely to be achieved. In order to foster a constructive discussion, the German EU Presidency could move member states to agree on shared criteria for assessing the reform proposals that are on the table, and on the options for resolving the constitutional crisis.
Political Geography:
Europe, France, Germany, and Netherlands

505. Informalising Readmission Agreements in the EU Neighbourhood

Author:
Jean-Pierre Cassarino
Publication Date:
06-2007
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
A number of factors explain why some EU member states, particularly France Italy and Spain are gradually opting for informal patterns of cooperation on readmission issues with Mediterranean and African countries. This adaptive inclination is more of a necessity than an option. It reflects the more urgent need of some EU member states to find flexible solutions for cooperation on readmission rather than to conclude bilateral readmission agreements. The agenda remains unchanged, but there has been a shift in priority actions with regard to these countries. The operability of cooperation on readmission has been prioritised over formalisation.
Political Geography:
Africa, Canada, Shanghai, France, Spain, and Italy

506. Exploring the EU's social constituency: Patterns of public claims-making in constitutional debates in France and Germany

Author:
Hans-Jörg Trenz, Erik Jentges, and Regina Vetters
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This article explores public voice formation and its potential impact on EU constitution making. A comprehensive perspective is introduced which analyzes the constitutionalization of the EU as a simultaneous and interacting process of polity building and constituency building. The EU's social constituency is referred to as a particular constellation of public voice and resonance in the media in relation to European constitution making. Mass media are analyzed as the principal arena for amplifying 'constitutional voice' in the member states. Starting from a comparative outline of constitutional claims-making in quality newspapers in France and Germany between 2001 and 2005, the article focuses on ratification as a period of intense politicization on EU constitutional affairs. The article systematically compares how the signal for participation in the ratification process is taken up and transformed into plural voices and debates, and what kind of concerns and demands are put forward by different actors and affected parties within such debates. Finally, justificatory practices of defending particular visions of the EU as a legitimate order will be categorized. The main findings point to a domestically focused French media sphere in which the constitutional debate turned into a prime example of 'contentious politics'. In contrast, German media took the position of an alert but passive observer of the debates in other member states. In this sense, the French debate assumed, at least partially, a substitute function in the German media.
Topic:
International Relations and Civil Society
Political Geography:
Europe, France, and Germany

507. L'invention de l'aide française au développement Discours, instruments et pratiques d'une dynamique hégémonique

Author:
Julien Meimon
Publication Date:
09-2007
Content Type:
Working Paper
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
Dans le contexte international mouvementé de la fin des années 1950, la Ve République et ses dirigeants mettent en scène la fin du système colonial, c'est-à-dire de l'ensemble de ses institutions emblématiques : ministre et ministère de la « France d'outre-mer », corps administratifs de fonctionnaires coloniaux, et filière de recrutement (École nationale de la France d'outre-mer) disparaissent au profit d'un nouveau dispositif relativement complexe labellisé « coopération », et dont le ministère éponyme jouera un rôle important jusqu'à la fin du XXe siècle. La naissance de ce nouveau dispositif, résultant de l'éclatement de l'empire colonial, est largement associée à la problématique de l'aide au développement, et repose essentiellement sur des agents formés par les institutions coloniales, en quête de reconversion. C'est ce paradoxe d'une « nouvelle politique » incarnée par des agents imprégnés d'une culture coloniale que nous analyserons ici, en centrant notre regard sur ses modalités pratiques et discursives. On y décèlera l'une des faiblesses initiales de la politique africaine de la France, et l'une des raisons de son effritement progressif jusqu'à aujourd'hui.
Topic:
Post Colonialism
Political Geography:
Africa, Europe, and France

508. Wie viel Erbschaftssteuern?

Author:
Jens Beckert
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
Germany introduced a federal inheritance tax in 1906. Historically, the share of its revenues compared to total tax revenues has always been low. Currently, less than one percent of total revenues are generated from inheritance tax. In countries like France, the United States and England, inheritance tax revenues are higher. With its ruling in 2007 the German supreme court has forced parliament to revise regulations on inheritance taxation. Various proposals are currently the subject of intense political debate. I take this discussion as the starting point for an investigation of fundamental arguments for and against estate taxation. Proposing that inheritances be taxed as a further type of income within the context of the income tax, I examine the impact of inheritance taxes on economic performance, family solidarity and the political community as well as the relationship between inheritance taxation and important value principles of individual freedom, social justice and equality of opportunity.
Topic:
Government and Political Economy
Political Geography:
Europe, France, and Germany

509. Adenauer, Erhard, and the Uses of Prosperity

Author:
William Glenn Gray
Publication Date:
06-2007
Content Type:
Journal Article
Journal:
German Politics and Society
Institution:
German Politics and Society Journal
Abstract:
This essay explores the relationship between West Germany's “economic miracle” and the goal of reunification in the early postwar decades. It argues that Konrad Adenauer was reluctant to mobilize economic resources on behalf of German unity—instead he sought to win trust by proclaiming unswerving loyalty to the West. Ludwig Erhard, by contrast, made an overt attempt to exchange financial incentives for political concessions—to no avail. Both of these chancellors failed to appreciate how West Germany's increasing prosperity undermined its diplomatic position, at least in the near term, given the jealousies and misgivings it generated in Western capitals and in Moscow. Only a gradual process of normalization would allow all four of the relevant powers—France, Britain, the United States, and the USSR—to develop sufficient trust in the economically dynamic Federal Republic to facilitate the country's eventual unification.
Political Geography:
Britain, Russia, United States, France, and Germany

510. U.S.-Designated Hamas Front Gets Symbolic Win in France

Author:
Matthew Levitt
Publication Date:
03-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On March 8, 2007, a French court ordered the Wiesenthal Center's director for international relations in Paris to pay a symbolic €1 fine in a defamation suit brought by a U.S.-designated Hamas front organization. The Comité de Bienfaisance et de Secours aux Palestiniens (Committee for Welfare and Aid to the Palestinians) (CBSP) charged that it had been defamed by allegations that it finances terrorism and raises funds to support the families of suicide bombers recruited by Hamas. Atlhough the French court acknowledged that the 150 exhibits submitted by the defense "indeed constituted an impressive body of evidence," it nonetheless issued a symbolic ruling in favor of the plaintiff.
Topic:
Government
Political Geography:
United States, Europe, Middle East, Paris, and France