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
This paper looks into the increased capacities, tasks and competences of Frontex (the European Border and Coast Guard Agency), brought about by the 2016 legislative reform. We examine whether this... Show moreThis paper looks into the increased capacities, tasks and competences of Frontex (the European Border and Coast Guard Agency), brought about by the 2016 legislative reform. We examine whether this development was accompanied by an accountability regime of equal strength. The existing accountability mechanisms are measured against the standards of European Union (EU) primary and secondary law. The paper assesses the political, administrative, professional and social accountability of Frontex, including parliamentary oversight and the newly introduced individual complaints mechanism. The final part of the paper focuses on legal accountability, a strong, yet highly complex, form of accountability. There, we introduce the concept of systemic accountability and investigate possible courses of legal action against Frontex. In sum, Frontex is subject to moderately increased scrutiny under its renewed founding Regulation and to various EU accountability mechanisms of general application. But several procedural and practical hurdles could render legal accountability difficult to achieve in practice. 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
Money, D.J., Frøland, H.O., Gwatiwa, T. Money, D.J., Frøland, H.O., Gwatiwa, T. 2020
Summary.This article examines the changing forms of African agency in the context of contestations over natural resource governance with the European Union. The authors argue that EU policy is... Show moreSummary.This article examines the changing forms of African agency in the context of contestations over natural resource governance with the European Union. The authors argue that EU policy is motivated by material self-interest but that it has not been able to successfully implement these policies. The way these policies have been challenged by African states has changed, however. The authors argue that a crucial context for this is the failure of the New International Economic Order in the 1970s. The failure of these initiatives helps to explain why the impetus for natural resource governance continues to come from outside the African continent.Résumé. Cet article examine l’évolution des formes du pouvoir d’action autonome de l’Afrique dans le contexte des contestations avec l’Union européenne quant à la gouvernance des ressources naturelles. Les auteurs soutiennent que la politique de l’UE est motivée par des intérêts matériels personnels mais qu’elle n’a pas réussi à mettre en oeuvre ces politiques avec succès. La façon dont ces politiques ont été contestées par les États africains a cependant changé. Les auteurs affirment que l’échec du Nouvel ordre économique international dans les années 1970 constitue un contexte crucial à cet égard. L’échec de ces initiatives contribue à expliquer pourquoi l’élan en faveur de la gouvernance des ressources naturelles continue de venir de l’extérieur du continent africain. 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
Summary: Global media discussion and policy responses to the armed conflict in Tigray Region, Ethiopia, that started op 4 November 2020 by the TPLF (Tigray People’s Liberation Front) party-led... Show moreSummary: Global media discussion and policy responses to the armed conflict in Tigray Region, Ethiopia, that started op 4 November 2020 by the TPLF (Tigray People’s Liberation Front) party-led Tigray Regional government, are marked by bias, incompleteness, lack of context understanding, credulity and an anti-federal goverment attitude. The conflict, provoked by an unannounced and treacherous nightly attack by TPLF forces on federal army troups stationed in Tigray to protect the Region, was the result of misplaced power-mongering by the TPLF, and its building up of tension with the federal Ethiopian goverment. The 4 November attack led to a major federal army response. Five days after the attack by TPLF, on 9 November 2021, over 800 Amharic-speaking civilian inhabitants of the town of Mai Kadra in Western Tigray were killed by TPLF-affiliated forces and militias in a gruesome manner – a classic case of ‘ethnic cleansing’. Perpetrators mostly fled to Sudanese refugee camps. These two events - the 4 November attack and the ‘ethnic cleansing’ - were defining dramatic moments in the war. While the conflict unfolded, leading to defeat of the TPLF forces on 28 November 2020 with the taking over of the regional capital Meqele and the flight of the TPLF leadership, many leading Western media and news websites focused on the aftermath and the effects of the fighting in Tigray Region and its population, easily shifting sympathy twards the perceived ‘underdog’ (TPLF). This was followed by hastily written statements by foreign policy makers in EU, USA and UN circles, leading to an emerging policy narrative whereby essential details of the context, the nature of the adversaries, the reasons of the conflict were sidelined. These Atlantic community spokespersons shifted to ‘blaming’ the federal Ethiopian government and ‘demanding’ all kinds of measures from it. Notable was the international community clamouring for ‘unlimited and full access’ for humanitarian aid to ‘prevent famine’, and demand a halt to all hostilities. But meanwhile it did not deliver much aid itself and did as if making it conditional on the federal government following their orders. Part of the international media, several academic associates and researchers who saw acces to their research sites blocked, and diverse TPLF associates in various international organizations continued to fuel the flames of this approach, next to the ‘digital activism’and the production of fake news reports by pro-TPLF persons in Ethiopa and especially in the Tigrayan ‘diaspora’ in the West.All this led to serious misperceptions and unfair bias on the part of the Atlantic countries and the UN vis-à-vis Ethiopia, which endangered integrity, balance, and a proper perspective on causes and consequences, as well as to policies that seemed akin to ‘development aid blackmail’ and sanctimonious lecturing of a fragile, low-income African developing country. In the exercise, the detailed press statements, reports and explanations by Ethiopian parties, including the government and reformist Prime Minister Abiy Ahmed, are routinely neglected or doubted. In contrast, the statements and international messages by TPLF remnants and advocates, marked by a high degree of unreliability, exaggeration and very often lacking truth content, are used uncritically. On the basis of a number of telling examples, this paper describes the above process, analyses the emerging Atlantic discourse and some of its mistakes and wrong assumptions. It thereby pleads for a more balanced, critical approach to the incomplete reporting and wilfull misinformation from questionable sources so as to have the media and Atlantic policy makers develop a more responsible approach.Résumé: parti TPLF (Tigray Peoples Liberation Front), sont marquées par des préjugés, des incomplétudes, un manque de compréhension du contexte, la crédulité et une attitude contre le gouvernement fédéral. Le conflit, provoqué par une attaque nocturne inopinée et perfide par les forces tigréennes contre les troupes de l'armée fédérale stationnées au Tigré pour protéger la région, était le résultat d'une politique de la force mal jugée par le TPLF et sa montée des tensions avec le gouvernement fédéral éthiopien. L'attaque du 4 novembre a évoquée à une réponse directe de l'armée fédérale. Cinq jours après l'attaque du TPLF, plus de 800 habitants civils de langue amharique de la ville de Mai Kadra dans le Tigray occidental ont été tués, le 9 novembre 2021, par des forces et des milices affiliées au TPLF d'une manière horrible - un cas classique de «nettoyage ethnique», et les auteurs ont pour la plupart fui vers les camps de réfugiés soudanais. Ces deux événements - l’attaque du 4 novembre et ce «nettoyage ethnique» - étaient des moments dramatiques cruciales de la guerre. Alors que le conflit se déroulait, conduisant à la défaite des forces du TPLF le 28 novembre 2020 avec la prise de contrôle de la capitale régionale Meqele et la fuite des dirigeants du TPL, de nombreux médias et sites Internet occidentaux de premier plan se sont concentrés sur les conséquences et les effets des combats dans la région du Tigray et sa population, la sympathie se déplaçant facilement vers le «perdant» perçu (TPLF). Cela a été suivi par des déclarations écrites à la hâte par des décideurs politiques étrangers aux cercles de l'UE, des États-Unis et de l'ONU, menant à un récit politique émergent dans lequel les détails essentiels du contexte, de la nature des adversaires et des raisons du conflit ont été mis de côté. Ces portes-parole de la communauté atlantique sont passés à toujours «blâmer» le gouvernement fédéral éthiopien et à «exiger» toutes sortes de mesures de sa part. Il convient de noter que la communauté internationale toujours réclamait un «accès illimité et complet pour l’aide humanitaire» pour «prévenir la famine» et exigeait «‘l’arrêt de toutes les hostilités, mais entre-temps, elle n'a pas fourni beaucoup d'aide et semble la conditionner à ce que le gouvernement fédéral suive ses ordres. Une partie de la presse mondiale, plusieurs universitaires qui ont vu l'accès à leurs sites de recherche bloqué, et divers associés du TPLF dans diverses organisations internationales ont continué à alimenter les flammes de cette approche, à côté de «l'activisme digitale» et de la production de «fake news» et rapports douteux de personnes pro-TPLF en Ethiopie et en particulier dans la «diaspora» tigréenne en Occident. Tout cela a conduit à de graves perceptions erronées et à des préjugés injustes de la part des pays atlantiques et de l'ONU vis-à-vis de l'Éthiopie qui ont mis en danger l'intégrité, l'équilibre et une bonne perspective des causes et des conséquences, ainsi qu’a des politiques qui semblent s'apparenter à une approche sur base de «development aid blackmail» et des discours moralisateurs envers un pays africain pauvre et en développement fragile. Dans l'exercice, les déclarations de presse détaillées et les explications de la part de l’Éthiopie, y compris le gouvernement et le Premier Ministre réformiste Abiy Ahmed, sont régulièrement négligés ou mis en doute. En revanche, les déclarations et les messages internationaux des défenseurs du TPLF, marqués par un degré élevé de manque de fiabilité, d'exagération et souvent dépourvus de contenu véridique, sont utilisés sans critique. Sur la base d'un certain nombre d'exemples révélateurs, cet article décrit le processus ci-dessus et analyse le discours atlantique émergent et certaines de ses erreurs et hypothèses erronées. Il plaide ainsi pour une approche plus équilibrée et critique du reportage incomplet et de la désinformation afin que les médias et la politique atlantique développent une politique plus responsable. 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
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
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
Leiser, M.R.; Harbinja, E.; Blakely, M.; Romero, F.R.; Barker, K.; Coozigou, I. 2020
Co-authored response from BILETA to the EU's consultation on the Digital Services Act package with two main pillars: announced first, a proposal of new and revised rules to deepen the Single Market... Show moreCo-authored response from BILETA to the EU's consultation on the Digital Services Act package with two main pillars: announced first, a proposal of new and revised rules to deepen the Single Market for Digital Services, by increasing and harmonising the responsibilities of online platforms and information service providers and reinforce the oversight over platforms’ content policies in the EU; second, ex ante rules to ensure that markets characterised by large platforms with significant network effects acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants. Show less
On 31 January 2020 the United Kingdom (UK) left the European Union (EU). In the European Parliament (EP), Members of the European Parliament (MEPs) cried together and folded flags. It marked the... Show moreOn 31 January 2020 the United Kingdom (UK) left the European Union (EU). In the European Parliament (EP), Members of the European Parliament (MEPs) cried together and folded flags. It marked the end of an era. At the end of that year, after much agony, the EU-UK Trade and Cooperation Agreement (TCA) was signed on 24 December 2020 and the ratification was completed in April 2021. The TCA allows both entities tariff-free, quota-free access to markets for goods. Services are not part of the TCA. Part of the agreement are also fishing rights as well as cooperation in the area of security (e.g., in the area of information sharing security related to matters of internal security), but no mention of security and defence collaboration. There are still many unresolved issues. Some of these issues involve fishing matters (Reuters, 2021). But collaboration in security and defence matters is also crucial as demonstrated by the need to deal with the war in Ukraine that erupted following the Russian invasion on 24 February. Show less
The withdrawal of the United Kingdom from the European Union has prompted a global recalibration of treaty relations. Due to the Withdrawal Agreement and its transition period, the UK is expanding... Show moreThe withdrawal of the United Kingdom from the European Union has prompted a global recalibration of treaty relations. Due to the Withdrawal Agreement and its transition period, the UK is expanding its international treaty-making powers as it is gradually released from the constraints of EU law. Practice to date shows the creation of many new international legal instruments through which governments have sought to address the novel questions that Brexit raises for the international law of treaties. Show less
Contemporary governance is increasingly characterized by the consultation of different types of stakeholders, such as interest groups representing economic and citizen interests, as well as public... Show moreContemporary governance is increasingly characterized by the consultation of different types of stakeholders, such as interest groups representing economic and citizen interests, as well as public and private institutions, such as public authorities and firms. Previous research has demonstrated that public officials use a variety of tools to involve these actors in policymaking. Yet, we have limited knowledge on how particular consultation approaches relate to stakeholder participation. To what extent do open, closed and hybrid consultation approaches, with the first two, respectively, referring to the use of public and targeted tools, and the third one implying a combination of both of them, relate to the policy engagement of a different set of stakeholders? In this paper, we identify the different tools used by the European Commission to engage stakeholders in policymaking and assess how variation in consultation approaches relates to stakeholder participation via a descriptive and multivariate analysis. We rely on two datasets: a regulatory database that contains detailed information on 41 EU regulations and a stakeholder database that comprises 2617 stakeholders that were involved in these regulations through different consultation tools. Our main finding is that implementing different consultation approaches affects stakeholder diversity. Specifically, closed consultation approaches lead to a lower level of business dominance than hybrid approaches that combine open and targeted consultation tools. Show less
While consumers in the European Union (EU) are generally afforded a high level of protection, the law on air passenger rights, by example, draws debate over the cost of such protection. In the... Show moreWhile consumers in the European Union (EU) are generally afforded a high level of protection, the law on air passenger rights, by example, draws debate over the cost of such protection. In the absence of a clear definition of ‘extraordinary circumstances’ in Regulation (EC) 261/2004, the Court of Justice of the European Union (CJEU) has not always balanced consumer interests with business realities in its many preliminary rulings on interpretation of these words. Workers joined this picture in the case of Airhelp/SAS [2021], in which the CJEU held that a lawful strike by an air carrier’s own pilot unions does not amount to ‘extraordinary circumstances’. This article explores this ruling in the light of EU air passenger rights and social dialogue objectives. Show less
In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the... Show moreIn ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems. Show less
How do crises produce changes in specific European Union foreign policy areas, and how should we conceptualise these policy changes?This book provides a novel analytical framework that serves to... Show moreHow do crises produce changes in specific European Union foreign policy areas, and how should we conceptualise these policy changes?This book provides a novel analytical framework that serves to investigate the way in which the EU changes its foreign policy after crisis. Ikani adapts the existing theorising of foreign policy change to a single framework applicable to the EU context, providing readers with a toolbox to both explain the process of change and measure the policy change that follows. The framework is developed through an investigation of two important EU foreign policy change episodes, taking place after the Arab uprisings and the Ukraine conflict, and test- driven in three recent cases of EU foreign policy change after crisis. 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
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
