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We assess the accuracy of procedural and bargaining models in predicting the outcomes of the reforms of the economic governance of the European Union (EU) that took place between 1997 and 2013. These negotiations were characterized by high costs of failure. We confirm the accuracy and robustness of the compromise model, but a procedural model with a costly reference point performs well, indicating that misestimation of the no-agreement cost may be a reason for its commonly reported poorer accuracy. However, this model is more sensitive to measurement errors. We also show how both models contribute to understanding bargaining success and how the conditional influence of the European Parliament should not be ignored. We conclude by discussing the implications of these results for our understanding of the EU.
The liberation of Eastern Europe from Soviet control in 1989, followed by the reunification of Germany in 1990 and the establishment of the European Union at the Maastricht Treaty in 1992, seemed to many Europeans to be the realization of the long-held dream of a Europe that was finally at one with itself. In the following decades, EU membership grew from twelve to twenty-eight, embracing many Central and Eastern European countries. In 1993, the European Union member states agreed on the “Copenhagen criteria” to determine the eligibility of nations to join the Union. There were, however, also growing pressures, with a renascent nationalism that culminated in the departure of the UK from the EU in 2020. Chapter 10 focuses on the ways in which the EU came increasingly to be seen as failing to embody the true spirit of Europe, the critique coming both from those who championed national cultures as well as from those who, while feeling that there was a “democratic deficit,” wished to see a reformed EU. The chapter considers a wide range of contemporary views from thinkers and writers across Europe, including Hans Magnus Enzensberger, Umberto Eco, Jürgen Habermas, Régis Debray, and Leili Slimani.
In the Second World War years, the long-dreamed-of idea of a politically united Europe finally began to be realized, if only in Western Europe. At the heart of this project for a united Europe was the principle of “unity in diversity,” with the diversity lying in the distinct national cultures across Europe. Chapter 8 focuses first on the various reflections on the idea of a “European spirit” discussed at major international conference in Geneva in 1947, before considering the ways in which the notion of “unity in diversity” served to provide an ideological underpinning for this new Europe. Among the many writers and thinkers discussed in this chapter are T. S. Eliot, Denis de Rougemont, Georg Lukács, Stephen Spender, Georges Bernanos, and Karl Jaspers. The chapter highlights just how challenging it is to break with Eurocentric, Euro-supremacist, and Euro-universalist agendas even when the emphasis is placed on diversity. The case of Oswald Mosley, the leader of the British Fascists in the interwar years, is particularly instructive. As this chapter shows, he was among the most ardent advocates of a united Europe, his arguments having profound implications for any progressive idea of Europe.
This Article uncovers the normative political theory underlying the legal doctrine of constitutional pluralism, as it is used in the EU today. Constitutional pluralism, once described as a semi-official legal doctrine in the EU, is now being used by some member states to challenge its authority and rules. By reconstructing the political thought of one of its founders, N. MacCormick, this Article takes issue with two most common interpretations of constitutional pluralism: On the one hand, it has been claimed that the normative political content of constitutional pluralism is virtually identical, or at least compatible, with that of Kantian rights-based cosmopolitanism; on the other, it has been contended, especially with regard to its uses in Hungary and Poland, that it was an inherently dangerous, illiberal, normative theory. This Article offers to move away from current legal debates to go back to the origins of constitutional pluralism. It argues that constitutional pluralism is not a purely liberal theory indeed. But neither is it inherently illiberal. Rather, both liberal and illiberal readings are possible, but partial, interpretations of MacCormickian constitutional pluralism. A more systematic interpretation shows that constitutional pluralism opens a path to move beyond this somewhat archetypical divide.
As a consequence of the European Economic Crisis, the European Union (EU) has implanted mechanisms to assist fellow member states facing economic difficulties. Despite an increasing academic interest in public preferences for such intra-EU solidarity measures, research has so far largely ignored individual characteristics that could possibly influence politicians’ views. In this paper, we look at politicians’ preferences for transnational solidarity and argue that these preferences depend on attitudes regarding socioeconomic issues as well as attitudes related to the EU. Moreover, we hypothesize that the relationship is moderated by responsibility attribution and the economic situation in a country. Using survey data of about 4000 politicians running for office in nine EU countries, we find that transnational solidarity is more common for socioeconomically left-wing and pro-EU politicians. Yet, attitudinal differences only cease to matter when the beneficiary state is perceived responsible for the crisis and economic problems at home are low.
Michael Walling here looks back over the first twenty-five years of Border Crossings, the company he founded in 1995. The article explores the company’s intercultural remit, placing it within the wider context of multicultural and intercultural performance and policy, and the relationship between intercultural theory and practice. Structural questions around finance and organization are juxtaposed with an assessment of the dynamics of cross-cultural devising and the ethics of these collaborations. This article also explores Border Crossings’ text-based work, its curation of the ORIGINS Festival of First Nations and related ceremonies, and the company’s direct engagement with policy in the European Union. It is accompanied by a comprehensive chronology of the company’s productions. Michael Walling is Artistic Director of Border Crossings and Visiting Professor at Rose Bruford College. He has directed numerous productions across four continents, including opera as well as theatre.
Over the past 15 years, the European Commission has poured millions of euros into Research and Development in border security. This article looks at the devices that are funded under this scheme. To this end, it applies Multiple Correspondence Analysis to a database of 41 projects funded under 7th Framework Programme. This method of data visualisation unearths the deep patterns of opposition that run across the sociotechnical universe where European borders are designed and created. We identify three rationalities of power at play: territorial surveillance aimed at detecting rare events in remote areas, policing of dense human flows by sorting out the benign from the dangerous, and finally global dataveillance of cargo on the move. Instead of trends towards either the hardening of borders or their virtualisation, we, therefore, find multiple rationalities of power simultaneously redefining the modalities of control at EU borders. A second finding shows where precisely critical actors are located in this sociotechnical universe and indicates that the structure of European R&D in border security keeps irregularised migrants off their radars. This finding calls for more caution as to the possibility to effectively put critique to work within the context of EU R&D.
Substantial evidence on the adverse impact of ageing on lesbian, gay, bisexual and transgender (LGBT+) populations through the lack of inclusive care services has highlighted the need for education and training of the health and social care workforce to enhance their skills, knowledge and capabilities in this area. We describe a cross-national collaboration across four European Union countries called BEING ME. This collaboration examined the current pedagogic environment within professional, vocational and community-based education to identify what is most valuable for addressing these needs. The World Café method enabled a process of structured learning and knowledge exchange between stakeholders resulting in: (a) identification of best practices in pedagogies, (b) generation of tailored co-produced educational resources, and (c) recommendations on how to improve the knowledge and capabilities of future care professionals in the area of LGBT+ affirmative practices. Combined with themes from the post-Café evaluation, our findings suggest that underpinning professional and vocational education with a person-in-environment perspective facilitates going some way to acknowledging the historical context of older LGBT+ people's lives. Addressing the unique needs of sub-populations within LGBT+ communities and setting these in the context of holistic and person-centred care may better enable the meeting of their unique diverse needs for ageing. Recommendations are made for learning and teaching strategies to support improved LGBT+ aged care.
This chapter explains the evolving relationships between the UK and key European institutions - the European Union and the European Convention on Human Rights. It explains how the ECHR has redesigned its institutions to take account of the growth in case law and also to take account of concerns as to the right balance between providing a uniform protection of human rights across Europe and recognising cultural differences through developing a protocol on subsidiarity. It provides an account of the UK's membership of the EU, placing this in the context of the impact on the membership of the EU on the UK constitution. Moreover, it explains the path to Brexit, and provides an up-to-date account of legislation designed to implement Brexit and their constitutional consequences.
Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.
In 1994, many responsibilities of Statistics Sweden were transferred to new statistical units operating within policy areas. Statistics Sweden has gradually accrued greater formal powers to oversee and coordinate official statistics in the country, leading to a partial reversal of the decentralisation reforms. Chapter 4 shows how credibility imperatives and institutional settings have shaped these developments. Decentralisation emerged following the end of social democratic political hegemony, when centrist and new-right governments demanded greater responsiveness and efficiency and sought to break up bureaucratic monoliths. Depoliticisation pressures, driven by the EU context, have resulted in a political push for recentralisation of authority. Statistics Sweden historically pursued credibility by emphasising competency, but shifted to stressing usefulness and demystification of official statistics. Sweden’s statisticians enjoy formal independence thanks to constitutional provisions that protect the autonomy of Swedish government agencies, but continuous informal dialogues are used to secure policymakers’ influence over statistical agendas.
The onset of the economic crisis more than a decade ago posed extreme challenges to health care systems that may now be repeated with the COVID-19 pandemic. The resulting policies produced a wide range of (in some cases, even opposite) outcomes: increased or decreased public expenditures for health care. Curiously, however, countries that were considered particularly hard hit by the economic crisis showed different extremes of policy outcomes. Investigating these developments requires a dynamic view and identifying explanations for government action in one direction or the other. Using the lenses of several theoretical perspectives in public policy research, this article analyses the conditions under which public health expenditures changed in European Union member states after the financial crisis. Why did certain countries, at first sight similarly affected, show opposite outcomes? A Qualitative Comparative Analysis (QCA) confirms that left-wing governments and coordinated market economies, in combination and alone, tended to increase public health expenditures in the short term, whereas countries where neither of these conditions was present decreased public health expenditures.
This chapter sums up the book’s key theoretical claims and empirical findings and then explores the extension of its argument beyond the cases examined in the empirical chapters. It first applies the argument to additional migration-related policy areas, including asylum, refugee resettlement, migration control, immigrant integration, and citizenship policy. The chapter then ventures beyond the national level of policy making by using the insulation framework to shed light on the logic of immigration policy making in the European Union, followed by subnational policy making. The chapter concludes with an appraisal of the future politics of immigration policy.
This book studies arbitration from a constitutional perspective. Its scope is broad, for it explores the most important modalities of arbitration. Part One focuses on arbitration in private law. Any constitutional inquiry into arbitration must begin at the national level. We need to discuss whether Constitutions should protect the right to arbitration, and what kinds of justifications the state may advance in defence of the restrictions it places on the arbitral process. Part Two centers on investor-state arbitration, which has generated much controversy in recent years. Critics contend that this form of arbitration privileges foreign investors in unacceptable ways. Local investors are discriminated against and the ability of governments to regulate matters in the public interest is unduly curtailed, critics argue. Part Three looks at state-to-state arbitration, which has historically played a key part in the evolution of international law. The establishment of international courts in the twentieth century did not help transcend the arbitral foundations of adjudication, however. The jurisdiction of international courts always stems from the consent of the parties. This limitation should raise concerns from a constitutional point of view.
This chapter lays out the making of Swiss economic immigration policy from the late 1940s to the mid-2010s. It begins with the establishment of Switzerland’s guest worker regime with the signing of the Swiss-Italian recruitment treaty in 1948. The second case study traces a series of regulatory reforms over the course of the 1960s, culminating in the creation of the global ceiling system in 1970. The chapter’s third case study is the Three Circles Policy which sought to reconcile the diplomatic imperative of free movement of European workers with the populist calls for closure. The chapter’s final case study examines policy making in the 2000s as the Swiss government opted for a treaty-based approach to market integration, followed by the 2008 immigration act which codified the policy changes enacted through bilateral treaties and executive directives over the previous years. In 2014, Swiss voters adopted the Mass Immigration Initiative which presented policy makers with the impossible choice between legislating the people’s will or maintaining its bilateral treaties with the European Union.
This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty arbitration, and state-to-state arbitration. Victor Ferreres Comella argues for the recognition of a constitutional right to arbitration in the private sphere and discusses the constraints that the state is entitled to place on this right. He also explores the conditions under which investment treaty arbitration is constitutionally legitimate, and highlights the shortcomings of international adjudication from a constitutional perspective. The rich landscape of arbitration is explained in clear language, avoiding unnecessary technical jargon. Using examples drawn from a wide variety of domains, Ferreres bridges the gap between constitutional and arbitral theory.
The investment legal regime is part of a broad landscape that encompasses various institutional arrangements and branches of the law. In some parts of the world, for example, supranational organizations have been created. The European Union is a prominent illustration. May member states of the European Union conclude investment treaties among themselves? International law, moreover, includes branches dealing with issues that have implications for investment law, such as human rights law. The chapter explores the ways in which investment law should cohere with the rest of international law, both vertically and horizontally, and how arbitrators should see their role in this fragmented legal environment.