The European Union interest group population is often characterised as being biased towards business and detached from its constituency base. Many scholars attribute this to institutional factors... Show moreThe European Union interest group population is often characterised as being biased towards business and detached from its constituency base. Many scholars attribute this to institutional factors unique to the EU. Yet, assessing whether or not the EU is indeed unique in this regard requires a comparative research design. We compare the EU interest group population with those in four member states: France, Great Britain, Germany and the Netherlands. We differentiate system, policy domain and organisational factors and examine their effects on interest group diversity. Our results show that the EU interest system is not more biased towards the representation of business interests than the other systems. Moreover, EU interest organisations are not more detached from their constituents than those in the studied countries. Everywhere, business interest associations seem to be better capable of representing their members’ interests than civil society groups. These findings suggest that the EU is less of a sui generis system than commonly assumed and imply the need for more fine-grained analyses of interest group diversity. Show less
This document summarizes the main findings from the research carried out in Workpackage 9, Policies and Diversity over the Life Course, within the FamiliesAndSocieties project. We present key... Show moreThis document summarizes the main findings from the research carried out in Workpackage 9, Policies and Diversity over the Life Course, within the FamiliesAndSocieties project. We present key results from our studies (1) on policies directed to young people at the transition to adulthood and self-sufficient living, (2) on preferences, usage, and consequences of parental-leave and fathers’ leave policies on family dynamics; (3) on the legal family formats for same-sex and/or different-sex couples in European countries, (4) on the emergence of private markets and issues of migration and care, and (5) on European Union family-policy initiatives. In our summary, we focus on policy-relevant findings and in particular on those of broader implications for policies, policy directions, and policy design in Europe at large. In concluding we summarize some of the core policy implications of our studies.See also www.familiesandsocieties.eu and www.lawsandfamilies.eu. Show less
This contribution investigates the impact of the Eastern enlargement on the decision-making capacity of the European Union. On the basis of new data on the number and types of legal acts produced... Show moreThis contribution investigates the impact of the Eastern enlargement on the decision-making capacity of the European Union. On the basis of new data on the number and types of legal acts produced by the EU (1994–2014) and on the time between the proposal and adoption of legislative acts (1994– 2012), the contribution argues that enlargement has had a rather limited impact on legislative production and duration and that it is extremely hard to disentangle this impact from other contemporaneous institutional and socioeconomic developments. On the basis of analyses of expert-based policy positions of member states in EU negotiations and on voting data from the Council of Ministers of the EU, it is argued that enlargement has possibly added a new dimension of contestation in EU legislative decision-making, but one that concerns a relatively small share of all negotiations in few policy fields like environment. All in all, there is no evidence that the Eastern enlargement has led to the institutional gridlock and loss of decision-making capacity that the public, many politicians and some academics as well have feared. 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
Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article... Show moreConsidering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the shape the agreement is currently taking. The article’s main arguments are that despite representing innovation and added value in some areas, TTIP may produce negative consequences in at least three respects. Firstly, it will cater to an imbalance in terms of access to justice in the area of investment protection; secondly, by providing a way out for the World Trade Organization's (WTO) two most active litigants, it can contribute to the de-judicialization of international trade law; and thirdly, it creates potential for a fierce backlash from the rest of the world as regards the global promotion of an overtly transatlantic regulatory and normative agenda. 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
While subnational authorities strongly mobilize in Brussels, they do not lobby all EU-level venues to the same extent. This article explains the varying intensity with which regional offices... Show moreWhile subnational authorities strongly mobilize in Brussels, they do not lobby all EU-level venues to the same extent. This article explains the varying intensity with which regional offices interact with various EU-level policy-making venues when seeking to influence EU policies. Theoretically, we complement an exchange-based perspective with political-institutional and contextual factors, such as regional political autonomy and the degree of preference alignment with key policy-making venues. To test our hypotheses, we rely on evidence collected through 33 face-to-face interviews with regional representations concerning their lobbying activities in four salient policy processes. Our results highlight that while most offices regularly interact with both national and supranational venues, the central government representation in Brussels is always, irrespective of what is at stake, the most important contact point. Furthermore, we also find that policy alignments shape venue selection, indicating some evidence of strategic manoeuvrin 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
This article addresses the question whether the European Union defaulted on the ‘strict observance’ of international law and ‘respect’ for the UN Charter, which are now express objectives of the... Show moreThis article addresses the question whether the European Union defaulted on the ‘strict observance’ of international law and ‘respect’ for the UN Charter, which are now express objectives of the EU following the Lisbon reform, in the course of the famous Kadi cases. With the final appeals judgment having been handed down by the Court of Justice of the European Union in July 2013, this question can now be conclusively answered in the negative. Despite the general tension these legal challenges created between EU law and international law, the EU managed, in the course of twelve years, to weave a seamless coat of compliance with international law. The article contrasts this finding with the general academic discourse on this case law, which tends to depict Kadi as a ‘sacrifice’ of compliance with international law for the benefit of fundamental rights (as well as the autonomy of the EU legal order). By retracing the entirety of this string of cases, the article demonstrates that, all rhetoric aside and for all practical purposes, the EU courts and other institutions managed to avoid any violations of international legal obligations towards the UN Security Council in this matter. The EU discontinued its own sanctions against Mr Kadi only after he had been delisted by the UN by means of a political decision, not by virtue of judicial intervention. 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
