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11. New Modes of Governance in the EU: Common Objectives versus National Preferences

Author:
Martin Rhodes and Manuele Citi
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The emergence in the European Union of new modes of governance (NMG) such as the Open Method of Coordination (OMC) has produced an enormous literature that falls into four broad categories: a theoretical approach seeks to explain why such methods emerged and locates them in existing theories of European integration, policy-making and institutional change; a strongly normative approach extols the nonhierarchical, deliberative virtues of NMG and 'soft' law and prioritizes the potential of the OMC as a font of 'social learning'; a more empirical approach assesses new modes in operation across different policy areas and countries; and a more critical approach assesses the claims made on the OMC's behalf as an effective instrument of policy making. Apart from our concern to critically review this literature, our aim is also to focus in on one of its greatest deficiencies: the absence, hitherto, of a comprehensive, multi-level framework for analysis, capable of specifying the conditions under which OMC practices are likely to produce a convergence of member state policies on common objectives. In doing so we also bring into our account a parallel literature – on policy diffusion and learning – that is frequently referred to by studies of the OMC and other new modes of governance but is rarely integrated systematically into their analysis.
Topic:
International Relations, Nationalism, and Politics
Political Geography:
Europe

12. 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

13. European Debates on the Knowledge Institution:The Modernization of the University at the European Level

Author:
Peter Maassen and Johan P. Olsen
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The European University, as a key institution, is under stress. It has become commonplace to argue that urgent and radical reforms are needed. The claim is that while environments are changing rapidly, universities do not learn, adapt and reform themselves fast enough. Reform plans comprise the purposes of universities, i.e. definitions of what the University is, can be and should be, criteria for quality and success, the kinds of research, education and services to be produced, and for whom. Reform plans also include the universities' organization and financial basis, their governance structures, who should influence the future dynamics of universities, and according to what principles. In contrast, it can be argued that the currently dominant reform rhetoric is only one among several competing visions and understandings of the University and its dynamics. What is at stake is “what kind of University for what kind of society” and which, and whose values, interests and beliefs should be given priority in University governance and reforms? The paper presents a framework for analyzing ongoing 'modernization' reforms and reform debates that take place at various governance levels, not least the European level. It is part of a forthcoming book on 'University Dynamics and European Integration'.
Topic:
Development, Education, and International Organization
Political Geography:
Europe

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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