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51. Democray and Legitimacy in the European Union Revisited: Input, Output and Throughput.

Author:
Vivien Schmidt
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
Whether their analytic frameworks focus on institutional form and practices or on its interactive construction, scholars have analyzed the EU's democratic legitimacy mainly in terms of the trade-offs between the output effectiveness of EU's policies outcomes for the people and the input participation by and representation of the people. Missing is theorization of the “throughput” efficiency, accountability, transparency, and openness to consultation with the people of the EU's internal governance processes. The paper argues that adding this analytic category facilitates assessment of these legitimizing mechanisms' interdependencies and facilitates consideration of reforms that could turn this democratic trilemma into a “virtuous circle”.
Topic:
Civil Society, Democratization, and Human Rights
Political Geography:
Europe

52. Networks, Courts and Regional Integration. Explaining the Establishment of the Andean Court of Justice.

Author:
Osvaldo Saldías
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
Legal transplants have traditionally been believed to be the product of reason and informed decision-making that follow arduous deliberations and bargaining between lawmakers. This paper argues that some major legal transformations can be better explained with the help of networks. It delves into the history of the establishment of the Andean Court of Justice and asks who got to decide the major questions in regard to the institutional design of the court. I argue that contrary to dominant assumptions, consultants and think tanks play a decisive role in the shaping of legal transplants. They are the ones that decide which model to follow. They get to choose participants in relevant working groups and it is them who shape the final proposal that will be voted by the lawmaker. As the complexity of the topic increases, professional networks can use technical discourse that makes scrutiny unlikely. The research shows that in case of Andean regional integration, the personal background of consultant is also very relevant, because it determines what models will be considered for eventual benchmarking. However, the mere existence of networks is not enough for producing legal change; a window of opportunity is a necessary condition.
Topic:
International Law and Law
Political Geography:
Latin America

53. How European is European Identity? Extent and Structure of Continental Identification in Global Comparison Using SEM

Author:
Jochen Roose
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
European identification has been previously explained by the selective gains brought by the European integration process, by personal transnational experiences and by the influence of political programs aiming at increasing levels of identification. All these explanations imply that identification with one's continent would be specific in extent and distribution across the social structure in comparison to other continents. These implicit assumptions of the discussion are tested with a global comparison using International Social Service Programme (ISSP) data and a longitudinal analysis using Eurobarometer data. The results show that, firstly, the current extent of continental identification in Europe is not higher than in other continents. Secondly, they reveal that there has been no increase in European identification in recent decades and thirdly, group comparing structural equation modeling (SEM) shows, that distribution of continental identification is similar on all continents. Accordingly, explaining European identification with respect to policy output of the EU is questioned by the findings. European identification proves to be independent of European political integration. Conclusions for transnational identity research and the European integration process are discussed.
Topic:
Civil Society, Regional Cooperation, and Culture
Political Geography:
Europe

54. Post-Accession Conditionality: Support Instrument for Continuous Pressure?

Author:
Eli Gateva
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The establishment of a Cooperation and Verification Mechanism for monitoring Bulgaria's and Romania's progress in the areas of judiciary and fight against corruption not only confirms the evolutionary nature of EU conditionality, but introduces a new feature, that of post-accession conditionality. More than three years after accession, neither Bulgaria nor Romania have managed to tackle the remaining issues and the scrupulous monitoring mechanism is still maintained. What are the main features and limitations of post-accession conditionality? Why does the effectiveness of EU conditionality deteriorate after accession? The article outlines a conceptual framework for comparative study of pre-accession and post-accession conditionality. On the basis of a stage-structured conditionality model, it discusses the transformations of the main elements of conditionality before and after accession and argues that the absence of accession advancement rewards combined with toothless explicit threats for sanctioning non-compliance produce very weak negative incentive structure which undermines the effectiveness of post-accession conditionality. The study, which draws on extensive interviews with senior EU officials and examination of key EU documents, highlights the growing application of differentiated and targeted conditionality and concludes with a reflection on the future of the mechanism and its implications for the ongoing enlargement of the Union with countries of the Western Balkans and Turkey.
Topic:
Regional Cooperation
Political Geography:
Europe, Turkey, Bulgaria, Balkans, and Romania

55. Do Regional Organizations Travel? European Integration, Diffusion and the Case of ASEAN

Author:
Anja Jetschke
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
Why do regional organizations share a number of key institutions and policies? Why do regional organizations like the Economic Community of West African States (ECOWAS) or the Carribean Community (CARICOM) look like the European Union? And why do we find the norms of the Helsinki Final Act in treaties of the Association of Southeast Asian Nations (ASEAN)? The simple answer is that policy solutions developed in the context of regional integration diffuse. The paper contends that regional integration efforts in Europe have had a decisive but often unacknowledged influence on regional cooperation outside of Europe. The influence of European integration on regional organizations beyond Europe will be illustrated with a case that is unsuspicious of having emulated the European integration experience: The Association of Southeast Asian Nations (ASEAN). Since 1957, Southeast Asian states have selectively taken over policies and institutions from the European context. The most recent adoption, it will be argued, is the ASEAN Charter, in effect since November 2008. In accounting for this adoption, the paper argues that ASEAN members' decision is only partially driven by genuine regional or functional demands. Members borrowed from “abroad” expecting the Charter to provide a policy solution to the cooperation problems members faced. Thus, the paper makes an original general contribution to the existing literature on regional integration: It argues that a full account of regional integration processes needs to take diffusion processes into consideration.
Topic:
Foreign Policy, Diplomacy, and Bilateral Relations
Political Geography:
Africa, Europe, and Southeast Asia

56. Emotions, Media Discourse and the Mobilization of Citizens: Conceptual Considerations and a Plausibility

Author:
Marianne van de Steeg
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The political game in the European Union has changed. Nowadays, EU issues are politicized in the public mass arena and demand from the European leadership more than the traditional, thin top-down communication. Concerns about the European democratic deficit and the legitimacy of the EU have made it important to engage citizens in EU issues and actively win their support.
Topic:
Civil Society, Regional Cooperation, and Mass Media
Political Geography:
Europe

57. The Emergence of a European Community of Communication: Insights from Empirical Research on the Europeanization of Public Spheres

Author:
Thomas Risse and Marianne van de Steeg
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
A European public sphere emerges out of Europeanized national public spheres if the following two phenomena are verified. First, if and when the same (European) themes are discussed at the same time with similar frames of reference, meaning structures, and patterns of interpretation across the various media sources. Second, if and when a transnational community of communication emerges in which speakers and listeners recognize each other as legitimate participants in a discourse that frames the issues at stake as common European problems. We present empirical evidence from other scholars and two case studies of our own, namely Eastern enlargement and the sanctions against the Austrian ÖVP/FPÖ-government. The main finding is that at least when European issues are discussed, that a European public sphere is constituted and re-constituted through the discursive connections and debates across borders.
Topic:
Civil Society, Democratization, Regional Cooperation, and Mass Media
Political Geography:
Europe

58. Unpacking the Compliance Puzzle. The Case of Turkey's AKP under EU Conditionality

Author:
Beken Saatçioğlu
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
What explains the EU compliance of Turkey's ruling Justice and Development Party (AKP)? Since it came to power in 2002, AKP has launched legislative reforms in order to meet the European Union's political membership criteria (i.e., democracy, rule of law, human rights and minority rights). These reforms are puzzling since they happened in the absence of the two conditions of compliance argued in the literature: (1) credible EU political conditionality, (2) liberal ruling parties in EU candidate states. I argue that AKP's pro-EU reform agenda is explained by neither a belief in the possibility of membership via democratization (credible conditionality) nor liberal political identity. Rather, democratic measures under AKP are instrumentally induced. Two broad political motivations have guided AKP's reform commitment: (1) the electoral incentive to please Turkey's pro-EU membership electorate as well as AKP's conservative/religious constituency eager to see freedom of religion expanded under EU conditionality, (2) the motive to use reforms to weaken domestic secular forces (i.e. the military and high courts) and “survive” as a party with Islamist roots in Turkey's secular political system. The paper supports the argument with evidence gathered from original coding data for both conditionality and compliance as well as process-tracing.
Topic:
Democratization
Political Geography:
Europe, Turkey, and Asia

59. How International Law Standards Pervade Discourse on the Use of Armed Force: Insights into European and US Newspaper Debates between 1990 and 2005

Author:
Swantje Renfordt
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
For almost a decade, 'public legitimacy' has remained largely unaddressed in empirical international relations (IR) analyses of international legalization. Yet, this concept has behavioral consequences. IR scholars for long assume that a belief in the legitimacy of a norm may be one reason for a 'compliance pull' on the international stage. The present study addresses this gap. It suggests a sociological conception of legalization observable in mass media debates and encompassing law's 'public legitimacy', understood as the congruence between legal regulations and discursive practices to that effect that these rules are also accepted by the larger public. This conception is illustrated in European and US newspaper reporting about military interventions in the post-Cold War era (1990-2005). Based on a large-n media analysis, the study not only concludes that an 'international rule of law' frame is heavily diffused across the communicative practices of European and US public spheres. It also shows that two legal norms in particular – human rights and United Nations (UN) multilateralism – generate a shared sense of 'public legitimacy' across the six countries analyzed.
Topic:
International Law and Mass Media
Political Geography:
United States, Europe, and United Nations

60. The Transformative Power of Europe Reloaded: The Limits of External Europeanization

Author:
Tanja A. Börzel
Publication Date:
02-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
With the borders of the European Union (EU) moved eastwards, students of Europeanization have been awarded yet another real-world experiment. This paper explores to what extent existing Europeanization approaches travel beyond the EU's border to its South Eastern and Eastern neighbours, which are marked by “bad governance” with regard to both the effectiveness and democratic legitimacy of their domestic institutions. The first part outlines key insights of the literature on “Europeanization West” regarding the outcomes and the mechanism of the domestic impact of the EU. Then, I summarize the main findings of research on “Europeanization East” focusing on factors that have limited or at least qualified the domestic impact of the EU in the ten Central and Eastern Europe (CEE) countries in comparison to the EU 15 (those that were members before the 2004 enlargement). This paper discusses to what extent the concepts and causal mechanisms need even further qualification when applied to countries, such as the European Neighbourhood Countries (ENC), that are neither willing nor necessarily capable of adapting to Europe and that do not even have the incentive of EU membership to cope with the costs. I will argue that the EU is unlikely to deploy any transformative power in its neighbourhood as long as it does not adjust its “accession tool box” to countries the EU does not want to take on as members. The paper concludes with some considerations on the policy implications of the EU's approach of “move closer but don't touch” which has started to creep into its relations with the Western Balkans and Turkey.
Topic:
Regional Cooperation
Political Geography:
Europe, Turkey, and Balkans