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1. Much Ado about Pluto? The 'Unity of the Legal Order of the European Union' Revisited

Author:
Christoph Herrmann
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The European Union is commonly described as a temple-like construction resting upon three pillars. Whereas the first pillar, Community law, constitutes a “new legal order” of supranational character, the second and third pillar are considered to be of intergovernmental kind, i.e. traditional public international law. However, some commentators have advocated a more integrated view, claiming the “unity of the legal order of the European Union”. The more recent case-law of the European courts has increasingly to deal with the relationship between the pillars as well as the legal nature of Union law. The present paper analyses this case-law and takes the opportunity to revisit the “unity thesis” as put forward in learned writings, the overall conclusion is that the claim of unity is poorly suited to solve interpretative questions that concern the aforementioned questions.
Topic:
International Relations, Development, and International Law
Political Geography:
Europe

2. 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

3. 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

4. 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

5. Constructivist Approaches in International Relations Theory: Puzzles and Promises";

Author:
Antje Wiener
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
By raising the question of what made constructivism possible the paper discusses the puzzle and promises of constructivist scholarschip in IR. It is argued that the communicative style which coined constructivism as a movement provides the key. Two puzzles are the focus, first, a lack of epistemological overlap, secondly, a disciplinary culture of consecutive debates which reached their high point of non-communication with the so-called Third Debate. However, while the constructivist movement gathered influence as a reference frame in the late 1990s, it is neither genuine to international relations theory nor does it originate in the 1990s. Why and how did constructivism manage to bring such a diverse group of scholars to one table? Section 2 of the paper develops the argument and introduces the concept of framing to understand the puzzle of conversation in IR. Section 3 recalls the emergence of constructivism, identifies the theoretical discussions and the significant conceptual moves. Section 4 summarizes the value-added and flags 'norms' research as the core of constructivist political science.
Topic:
International Relations, Development, Education, and Politics

6. 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

7. Rational Choice and EU Politics

Author:
Mark A. Pollack
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Over the past two decades, rational choice theories have made rapid inroads into the study of EU politics. This paper examines the application of rational choice analyses to EU politics, assesses the empirical fruitfulness of such analyses, and identifies both internal and external challenges to the rational choice study of the EU. With regard to the empirical fruitfulness of rational choice, the paper notes charges of methodological 'pathologies' in rational choice work, but suggests that rational choice approaches have produced productive research programs and shed light on concrete empirical cases including the legislative, executive and judicial politics of the EU, as well as on other questions such as public opinion and Europeanization. Turning to external critiques, the paper examines claims that rational choice is ‘ontologically blind' to certain phenomena such as endogenous preference formation and sources of change. While rational choice as a research program does focus scholars attention on certain types of questions, rational choice scholars have theorized explicitly, alongside scholars from other theoretical traditions, about both national preference formation and about endogenous source of change, thereby clarifying and advancing the study of both phenomena.
Topic:
International Relations, Development, and Politics
Political Geography:
Europe

8. Towards an Organization Theory of International Integration

Author:
Morton Egeberg
Publication Date:
10-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper outlines an organization theory of political integration among nationstates. If we assume there are existing shared institutions, political integration is here seen to take place to the extent that lines of conflict coinciding with national borders are complemented with cleavages cutting across such borders so that a multidimensional political space can be observed. I ask what difference organizational characteristics of international or supranational organizations (IOs) make in this respect, other things being equal. The scarce attention devoted to IOs over the last decades has to a certain extent focused on how their organizational resources might have been conducive to increased problem-solving capacity at the international level. A key argument advanced in this paper, however, is that only when international institutions are structured basically according to non-territorial criteria will they start to seriously challenge the intergovernmental logic of political behaviour. In addition, it is argued that only fragmented states and loosely coupled political systems can become profoundly integrated into a larger polity according to the criteria stated above. In order to illustrate the assumptions I look at some key reforms and changes of IOs over the last 200 years.
Topic:
International Relations, Development, International Organization, and Politics

9. Participatory Governance and European Administrative Law: New Legal Benchmarks for the New European Public Order

Author:
Rainer Nickel
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
European Governance is more than just a policy instrument without legal significance. Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the growing number of European administrative agencies, have colonized substantive parts of the law-shaping and law-making processes. This contribution argues that European Governance is a distinct phenomenon that cannot be easily reconciled with traditional notions of legislation and administration, but needs to be theorized differently. Accordingly, its legal shape has to be adjusted to this new situation, too. Neither a - still only vaguely defined - concept of 'accountability', nor a non-binding policy concept of 'good governance' can fill this gap.
Topic:
International Relations, Development, and Government
Political Geography:
Europe

10. The power of norms in the transposition of EU directives

Author:
Antoaneta Dimitrova and Mark Rhinard
Publication Date:
11-2005
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Transposition research provides an excellent opportunity to bring new data to bear on two of the most dominant theoretical approaches to European Union studies: rational choice institutionalism and sociological institutionalism. Yet the goal of comparable testing is hampered by the underspecified nature of the sociological perspective. This paper takes some steps towards identifying and operationalising a sociological explanation of the transposition of EU directives. Examining an array of alternatives, we single out an approach that focuses on the transmission of norms as a way to explain transposition delay and content changes, and on persuasion to help explain norm change over time. To probe the validity of our explanation, we apply it to a case study of the transposition of two anti-discrimination directives from 2000 in Slovakia. In short, our paper aims to move forward the search for a testable sociological framework in EU studies, while offering an operational approach to studying the process of transposing EU directives.
Topic:
International Relations, Development, and Government
Political Geography:
Europe and Slovakia