Differentiation has evolved into a systematic feature of European integration. Still, EU member states have been eager to maintain unity and not let differentiated integration (DI) be reflected in... Show moreDifferentiation has evolved into a systematic feature of European integration. Still, EU member states have been eager to maintain unity and not let differentiated integration (DI) be reflected in institutions and processes of EU governance. The sovereign debt crisis was a turning point, triggering an unprecedented reinforcement of euro area specific institutions and policies. So far, few contributions have studied the institutional implications of DI in the EU. This dissertation examines whether and, if so, how and with what implications DI has been institutionalised in EMU governance. It analyses the organisational inclusiveness of crisis management structures, the evolution of the Eurogroup and Eurogroup Working Group, procedural norms and elite ideas. The findings suggest that the distinction between euro area insiders and outsiders has become embedded in how member state representatives perceive political reality, determine mutual role expectations and organise governance processes. While this institutionalisation of DI in EMU was facilitated by particular circumstances of the sovereign debt crisis, its implications are evident in EMU governance and reform processes until today. The dissertation makes theoretical and empirical contributions to account for DI in institutional and political developments in EMU and, thus, aims to enrich institutionalist debates in EU studies. Show less
crucial to identify important factors in the EU legislative decision-making process that may impact its speed. This understanding can assist decision-makers in identifying the root causes of... Show morecrucial to identify important factors in the EU legislative decision-making process that may impact its speed. This understanding can assist decision-makers in identifying the root causes of legislative stagnation and devising strategies to mitigate them, thereby culminating in the creation of policies that hold democratic legitimacy to effectively tackle the dilemma faced by the EU. Stakeholder involvement in EU decision-making processes has become a critical aspect for the EU, particularly for the European Commission, to enhance democratic legitimacy and internal power. However, reconciling divergent stakeholder opinions poses a challenge for EU decision-makers. Based on four empirical studies, this dissertation examines why it is necessary to consider stakeholder opinions and member-states preferences, as well as how they interact to influence decision-making outcomes. By utilizing quantitative analyses and qualitative case studies, this dissertation underlines how negative stakeholder opinions influence the positions adopted by member states within the Council, thereby increasing the transaction costs of bargaining among member states by prolonging the legislative process and consequently leads to efficiency losses. The findings shed light on the difficult task of resolving the democratic deficit in EU legislative politics and the implications for balancing the democratic legitimacy and political efficiency of EU policymaking systems. Show less
Interest groups are often described as transmission belts that connect the preferences of their members with public officials in policymaking processes. Through this linkage, public officials can... Show moreInterest groups are often described as transmission belts that connect the preferences of their members with public officials in policymaking processes. Through this linkage, public officials can obtain relevant information and gain legitimacy from those affected by public policies. However, this important intermediary function is not a straightforward endeavor as interest groups often struggle to reconcile their dual function of representing their members while being politically active. This dissertation unpacks interest groups mobilized at the European Union level and examines how they are organized so as to function as transmission belts. Subsequently, it analyzes the effects of this transmissive role for the level of access and influence obtained by groups in policymaking processes. The findings shed light on the difficult task of groups in balancing member involvement while being politically active and the implications for the legitimacy of our governance systems. Show less
The establishment of harmonized bank resolution frameworks was a fundamental element of the reforms undertaken in the EU in response to bank failures during the latest financial crisis. The... Show moreThe establishment of harmonized bank resolution frameworks was a fundamental element of the reforms undertaken in the EU in response to bank failures during the latest financial crisis. The frameworks empower authorities to intervene in failing banks as an alternative to the opening of an insolvency procedure to protect financial stability and minimize the costs for taxpayers. The fact that national insolvency laws play an essential role in the bank resolution regimes but have not been fully harmonized in the EU, is likely to be a source of complexity and legal uncertainty in cross-border resolution procedures.This book investigates the bank resolution regimes in the Netherlands, Germany and the UK. It analyzes how the national frameworks interact with and have been embedded into Dutch, German and English private law, including insolvency law. The study shows that the frameworks deal with specific topics and objectives and contain rules and terminology that are different from those in existing national legislation. It also shows which differences may exist between the bank resolution procedures in the three jurisdictions. The study makes an important contribution to the existing debate about the further development of the EU bank insolvency framework. Show less
The dissertation examines the application of EU farm animal welfare legislation in 27 member states. It develops a theoretical framework that applies insights from the transposition literature to... Show moreThe dissertation examines the application of EU farm animal welfare legislation in 27 member states. It develops a theoretical framework that applies insights from the transposition literature to the post-transposition phase of implementation and derives hypotheses to explain cross-national variation in implementation success. The hypotheses are centered on the notion that the pressure to adapt to EU requirements makes post-transposition application difficult. Countering adaptation pressure, the presence of discretion, whereby member states have some flexibility to adapt requirements to their national circumstances, helps to alleviate the difficulties brought on by adaptation pressure. Additional hypotheses are derived from the transposition literature concerning the geographic and organizational decentralization of implementation authority and the length of transposition delay prior to application. The hypotheses are tested through a mixed methods design that combines a set of case studies and a quantitative analysis of the implementation of all major requirements applied in 27 member states in the legislation within this policy area. Support is found for the adaptation pressure and discretion hypotheses, while limited support is found for the hypotheses concerning the decentralization of implementation authority Show less
Is public procurement of research and development (‘R&D’) services the key to European Union (‘EU’)’s sustainable welfare? Is it being regulated in accordance with economic prescripts for... Show moreIs public procurement of research and development (‘R&D’) services the key to European Union (‘EU’)’s sustainable welfare? Is it being regulated in accordance with economic prescripts for effectiveness? Is the regulatory and policy setting clear and comprehensive in order to stimulate a widespread use of this instrument by EU public authorities? In 2007, the EU released an Interpretative Communication, explaining how to purchase R&D services in compliance with the EU public procurement and State aid rules. The prescribed procedure was named ‘pre-commercial procurement’ (‘PCP’). The motivation advanced for adopting this Communication was the need to clarify the applicable law, in order to encourage public authorities throughout the EU to engage in R&D services procurement. The EU policy makers aimed to help the public sector become a sophisticated customer, capable of steering the development of cutting-edge technologies towards the resolution of public needs. This would yield solutions to serious problems such as climate change, pressure on the health system due to an ageing population, security threats etc. In addition, it would strengthen the competitive advantages of European private innovators on global markets. Eventually this would strengthen EU’s economy and would increase the welfare of its citizens Show less
The European Council, the institution bringing together the Heads of State and Government of the European Union member states, has played an important role in steering the European integration... Show moreThe European Council, the institution bringing together the Heads of State and Government of the European Union member states, has played an important role in steering the European integration process. This dissertation analyses the nature of the European Council’s agenda in relation to the institution’s standing in the EU policy-making framework, focusing on the magnitude and level of attention changes. The studies then delve into on specific aspects which could potentially act as agenda determinants and critically evaluate their role in analyses covering long-term periods. Factors belonging to three broad categories are considered – institutional conditions (the Presidency), external stakeholders’ effect (public opinion) and the ‘problem stream’ (economic indicators and focusing events). Show less
The referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes... Show moreThe referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes, at international, national, regional or local levels, with different legal frameworks and with various political consequences. However, Portugal, whose constitutional experience begins in 1820 with the liberal revolution, had its first democratic referendum only in 1998. This study try to conceptually characterize the referendum, in order to establish its fundamental typologies regarding the most relevant experiences in this field and to situate the case for and against the referendum as an expression of semi-direct democracy in the political and philosophical debate of different historical moments. In the next chapters, entirely dedicated to the Portuguese case, we shall present the historical evolution of the nation al and local referendum in the constitutional and political life in Portugal since 1820. An added emphasis will be given to the referendum experience of the Portuguese democracy born in 1974, particular attention being payed to the political debate about the formal introduction of the referendum in the 1976 Constitution and to the concrete experience of referendums proposed and held since then. Show less
he creation of European Union agencies is arguably one of the most prominent institutional innovations at the EU level in recent history. Especially since the early 1990s, the EU and its member... Show morehe creation of European Union agencies is arguably one of the most prominent institutional innovations at the EU level in recent history. Especially since the early 1990s, the EU and its member states delegated a wide range of (semi-)regulatory, monitoring, and coordination tasks to a quickly growing number of agencies. Most existing research focuses on the creation of these agencies. As a result, we do not know much about how agencies develop after their creation. EU agencies are formally independent, but do they also behave autonomously in practice? How does actual autonomy vary across EU agencies and how does this affect the role these agencies play in the multi-level system of European governance? This study addresses these questions theoretically and empirically by comparing six EU agencies – the European Medicines Agency (EMEA), the European Food Safety Authority (EFSA), the European Environm ent Agency (EEA), the European Monitoring Centre for Racism and Xenophobia (EUMC), Europol and Eurojust. It shows how some of these agencies develop into relatively autonomous entities by acquiring a distinct organisational character and by generating support from actors in their environment, whereas other agencies do so to a much lesser extent or not at all. Show less
Countries that wish to join the European Union (EU) need to implement all existing EU laws before they are admitted as full members. Since the body of EU law comprises more than 80 000 pages and... Show moreCountries that wish to join the European Union (EU) need to implement all existing EU laws before they are admitted as full members. Since the body of EU law comprises more than 80 000 pages and more than 2 000 directives, the adoption of EU law is a truly formidable task for any government. How have the eight countries from Central and Eastern Europe (CEE) that joined the EU in 2004 coped with this requirement of the enlargement process? Surprisingly, this thesis reveals that these post-communist states have been quite successful in adopting the EU directives. Moreover, there is interesting variation in the performance of the new member states with some countries, like Lithuania, doing particularly well, while other, like the Czech Republic, having more problems than average. The thesis argues that the general success of the process of legal adaptation to EU laws in CEE can be largely explained by the conditionality of the enl argement process (EU entry is only possible if and when the condition of implementing the EU rules is fulfilled). Combing statistical methods and case studies in three policy fields (electronic communications, nature protection, and social policy), the thesis concludes that the varying implementation performance in different countries and policy sectors can be explained by reference to the CEE governments’ level of support for the process of European integration, their administrative capacities and the threat of financial sanctions for non-implementation of the EU rules after accession. Show less
Many legislative decisions of the Council of the EuropeanUnion are de facto made in preparatory bodies by national officials anddiplomats. Ministers rubber-stamp these committee decisions without... Show moreMany legislative decisions of the Council of the EuropeanUnion are de facto made in preparatory bodies by national officials anddiplomats. Ministers rubber-stamp these committee decisions without discussion.Drawing on statistical as well as case study evidence, the study investigatesthe extent to which this actually occurs. Based on a formal-theoreticaldiscussion of possible explanations, the study also examines the causes for whycertain decisions are made by committee members and others by ministers. Ingeneral, the empirical findings alleviate concerns about the democraticlegitimacy of Council decisions. Show less
As part of the international presence in the Western Balkans, the European Union has adopted sanctions, brokered political agreements, launched its first-ever police and military missions and... Show moreAs part of the international presence in the Western Balkans, the European Union has adopted sanctions, brokered political agreements, launched its first-ever police and military missions and directed economic, legal and administrative reforms to eradicate the root causes of instability. Yet, despite the comprehensive nature of its involvement, the EU__s strategies have been marked by confusion, its actions by concurrent or competing mandates of other international organisations. As a result, the returns on its investments are dwindling, at a time when nation-building in the region has entered its final stages with the separation of Serbia and Montenegro, the search for bringing an end to the international governance of Bosnia-Herzegovina and a final status for Kosovo. As the Western Balkans still contain a genuine security threat, there is a real imperative now to move the region as a whole from the stage of international protectorates and weak states to the stage of accession to the euro-atlantic organisations to which they aspire. This book presents legal and political ways and means to restructure the international effort to see the defining processes through. Under the leadership of the EU, only a __tough love__ strategy based on a firm but fair application of the conditionality principle can lead to the integration of the Western Balkans into the European mainstream. Show less
Better regulation in the European Union cannot be achieved without serious attention to transposition of EU law into national legislation. As a matter of fact, EU member states breach EU law __... Show moreBetter regulation in the European Union cannot be achieved without serious attention to transposition of EU law into national legislation. As a matter of fact, EU member states breach EU law __ perpetuately. Why do member states miss deadlines when transposing EU internal market directives? What factors determine delays when transposing EU directives? How do these factors influence the timeliness of the national transposition processes? And under what conditions are transpositions of directives delayed? This study analyses the timeliness of national transposition processes across nine member states of the 2004 EU transport acquis. Based on a truly mixed-method approach __ a new quantitative data set with further insights gleaned from four controlled case studies and a concluding fuzzy set analysis - this study shows that the European Union has a serious transposition problem. Almost 70 percent of all national legal measures transposing the transport acquis cause problems, either because they are transposed too late, risking the opening of an infringement proceeding, or because they are too early (gold-plating), risking warping effects on the regulatory environment for business and citizens in the EU alike. Furthermore, this book provides some progress regarding the conditions under which transposition performance of member states could be improved. Seven potential European and national drivers and constrainers for timely transposition can be identified with different effects on the lengths of transposition delays. Distinguishing between three outcomes of transposition process (on time, short and long delay) it is the specific features of European directives that account for short term delays, whereas serious time lags of more than six months are a result of domestic factors. Furthermore, the timing of general elections in a member state and policy sector-related crises retard or rather accelerate national transposition processes just as political priority represents a significant necessary condition for timeliness. Show less
