There is no clear view on how accountability is organised in the context of transgovernmental networks. In literature there is predominant view that accountability is threatened by the existence of... Show moreThere is no clear view on how accountability is organised in the context of transgovernmental networks. In literature there is predominant view that accountability is threatened by the existence of transgovernmental networks. This dissertation takes a micro-level approach by focusing on participants of transgovernmental networks, to understand the dynamics of accountability in this setting. This dissertation makes use of theory building and testing. A theoretical model links the function and governance style of a transgovernmental network to the type of accountability that can be expected. Four distinct empirical cases show that there is a link between the level of formalisation of a governance style and the extent of control. Moreover, this research shows that the function of a transgovernmental network is indicative for the source of control. Show less
The Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This... Show moreThe Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This chapter highlights the two main hallmarks of the Protocol: on the one hand, being an integral part of the Withdrawal Agreement and the post-Brexit legal framework more broadly, and, on the other, being one of the last and most enduring holdouts of EU institutions applying EU law in a part of the UK. These characteristics, coupled with the high political stakes in the context of North-South relations in Ireland and the peace process, merit close scrutiny of the Protocol’s governance and dispute settlement provisions. Based on an analysis of the relevant provisions and informed by leading theories on compliance in international law, this chapter argues that due to fundamentally different views and strategies of the EU institutions and the UK government, the design and use of the Protocol’s mechanisms have the potential to exacerbate rather than mend EU-UK relations. 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
Wensink, W.; Warmenhoven, B.; Haasnoot, R.; Wesselink, R.; Ginkel, B. van; Wittendorp, S.; ... ; Rijken, T. 2017
Executive Summary In June 2016, High Representative Mogherini presented the EU’s new Global Strategy on Foreign and Security Policy (EUGS) to the European Council. With the Strategy now... Show moreExecutive Summary In June 2016, High Representative Mogherini presented the EU’s new Global Strategy on Foreign and Security Policy (EUGS) to the European Council. With the Strategy now finalized, attention needs to turn to its implementation in an environment mired by crises both within Europe and the wider world. In September 2016, The Hague Institute for Global Justice and Europe House—the European Parliament Information Office and the Representation of the European Commission in The Netherlands—organized an expert meeting and a public panel discussion, which inform the present document as a first appraisal of the Global Strategy. Focusing on three areas of particular salience in EU foreign policy—the EU as a security actor, developing rules-based global governance in new areas, and the ‘joined-up’ approach in pursuing the UN’s Sustainable Development Goals (SDGs)— the following recommendations for the implementation of the EUGS can be made: The EU as a security actor The EU needs a pragmatic and flexible approach in order to solve the crises around Europe and to improve its credibility in the short and long term, for example by using ad hoc coalitions. Moreover, a possible withdrawal of the United Kingdom from the EU could open up political space for deepened defense cooperation. The EU would need to find ways to make use of this political space in order to generate political will in the capitals for deepening defense cooperation. More broadly speaking, the EU should devise plans to connect with its citizens as a security actor and communicate the message that EU defense cooperation tangibly benefits the security of all citizens. Developing rules-based global governance Using the area of cyber governance as an example given its cross-cutting importance, the EU should fully embrace the role of ‘agenda-shaper, connector, coordinator and facilitator within a networked web of players’ by investing in multistakeholder initiatives and, together with the Member States, showing coordinated political leadership in this area. The EU, furthermore, needs to take its internal normative innovations (such as the “right to be forgotten”) to the global stage, where they can serve as inspiration to other actors. It should also use regional approaches and coalitions of like-minded countries as building blocks for working towards a global consensus. In addition, the EU should bolster its credibility as a cyber power by capacity-building, both within the EU Member States and third countries, to fight criminal activities and strengthen cooperation between law enforcement agencies. Capacity-building as part of a ‘joined-up approach’ in the case of the SDGs For SDGs to be progressively realized through ‘joined-up’ EU action, they need to be translated and concretized into measurable goals, which should be pursued through already existing policies and strategies and be taken into account during the framing of new ones. Moreover, the EU should invest, in tandem with the Member States, in communicating to the public that the SDGs are a global commitment with implications, both positive and negative, in the daily lives of citizens. For the EU, the most important next step is to translate the EUGS into prioritized and coherent sub-strategies with a view to maintaining the SDGs as a central element of the follow-up of the EUGS. The Global Strategy will remain the core guidance for EU external action for years to come. However, the period until the first yearly progress report in June 2017 will be crucial for establishing the traction and first concrete results produced by the Strategy. As the calendars of the EU institutions and Member State policymakers are filling up with more milestones for its implementation, existing sectorspecific strategies will be updated and new ones developed. Implementing the Global Strategy will be a momentous endeavor by any standard, both for the EU and its Member States. How well they will work together, use their resources, build political momentum and voice their common message will ultimately determine the role of the EU in the world. Show less
On 8 and 9 December 2015, The Hague Institute for Global Justice, in collaboration with the Ministry of Foreign Affairs of the Netherlands, organized both a public high-level discussion and a... Show moreOn 8 and 9 December 2015, The Hague Institute for Global Justice, in collaboration with the Ministry of Foreign Affairs of the Netherlands, organized both a public high-level discussion and a closed expert consultation on the EU’s forthcoming Global Strategy on Foreign and Security Policy. The events focused on how the Union and its Member States can promote a rules-based international system and effective multilateral institutions in a rapidly changing environment marked by numerous crises and challenges. The high-level discussion on the morning of 8 December featured keynote addresses from the Minister of Foreign Affairs of the Netherlands, Bert Koenders, and the High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini. The high-level discussion also served as a prelude to the subsequent expert consultation, which was carried out according to the following methodology. The participants in the consultation were selected from among leading experts in EU foreign policy, global governance, European and international law, and multilateral diplomacy. Reflecting a diverse and representative set of stakeholders and professional perspectives, the experts came from think tanks, academia, international organizations, NGOs, and the private sector. Particular attention was paid to ensuring gender balance and including external perspectives from emerging powers and key partners of the EU, such as Brazil, Russia, India, China, and Nigeria. In the course of several breakout sessions and plenary discussions, the participants elaborated on the themes of: the EU’s role in developing the international legal order, promoting effective multilateral institutions, and engaging non-state actors in tackling the most pressing global challenges (see Annex I for the program). The expert consultation, held under the Chatham House Rule, was preceded by an e-consultation, which ran from mid-November and included a wider circle of experienced international specialists, as well as younger, emerging experts and youth representatives from diverse disciplines and professions (see Annex II for the summary of the econsultation). The Ministry of Foreign Affairs of the Netherlands, working together with a number of like-minded Member States, such as Romania and Austria, can draw on the output of the high-level discussion and the expert consultation to contribute to the discussion on the new EU Global Strategy. 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
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
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
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
