The judicialisation of EMU politics: Resistance to the EU's new economic governance mechanisms at the domestic level

Courts are increasingly asked to deal with fundamental political disagreements in liberal democracies. Because of its political salience and the extent of its consequences, the crisis of the Economic and Monetary Union (EMU) has exposed such fundamental disagreements between and within its member states, which numerous plaintiffs have brought before domestic courts and the Court of Justice of the European Union (CJEU). This article analyses this judicialisation of the EMU crisis. Using a database on lawsuits introduced in all 28 member states with regard to crisis measures and the new EMU governance mechanisms introduced since 2010, the authors study which actors use the courts and under which circumstances. Based on a combination of judicialisation and political economy approaches, the article develops a series of assumptions on actors’ motivations in order to understand the reasons for judicialisation in debtor and creditor countries.     

Europäisierung und innerstaatlicher Wandel. Zentralisierung und Entparlamentarisierung?

A number of studies suggest that European integration impacts upon the domestic institutions of the member states by changing the distribution of resources among domestic actors. This paper argues that resource dependency needs to be embedded in an institutionalist understanding of Europeanisation in order to explain when and how Europe affects the domestic institutions of the member states. First, domestic institutions determine the distribution of resources among the domestic actors in a given member-state. Second, the compatibility of European and domestic institutions determines the degree to which Europeanisation changes this distribution of resources and hence the degree of pressure for institutional adaptation. Third, the domestic institutional culture determines the dominant strategies of actors by which they respond to such a redistribution of resources facilitating or prohibiting institutional adaptation. This argument is empirically tested by comparing the impact of Europeanisation on the territorial institutions of the five most decentralized member states, with special reference to Germany and Spain as representatives of opposite institutional cultures. The study shows that the regions succeeded in balancing the territorial centralization caused by Europeanization. However, the compensation of regional losses of competencies through the intrastate participation of the regions in the formulation and representation of the national bargaining position in European affairs reinforces executive dominance in European decision-making contributing to the tendencies of deparlamentarization in the member states.     

Book Reviews

Four years after its formal establishment, the European External Action Service (EEAS) remains in a state of complex and overlapping areas of competence. There are interlocking layers of political and administrative governance, where the service has to interact with, and answer to, different national and intergovernmental political masters as well as supranational actors, notably the European Commission and the European Parliament. The formal political decision-making power with regard to the EU’s common foreign and security policy lies with the Council, whilst substantial competences, notably in the field of the European Neighbourhood (ENP) and trade policies, as well as development and cooperation, remain under the control of the European Commission. The EEAS’s autonomy and institutional orientation are both much debated and empirically unexplored. Based on quantitative and qualitative data, this article undertakes a behavioural analysis of EEAS decision-making. Empirical findings suggest that there are competing institutional logics at work among different groups of staff which affect their respective administrative decisional behaviour. Supranational recruits tend to be more community-minded, whereas officials with an intergovernmental background have a propensity to be more member state oriented.     

Credible commitment without independent regulatory agent: Evidence from the Security Council's United Nations Compensation Commission

Credible commitment problems arise whenever decisions made according to short‐term incentives undermine long‐term policy goals. While political actors can credibly commit themselves to their long‐term policy goals by delegating decisions to independent regulatory agencies, the member states of international institutions rarely sacrifice control over regulatory decisions. Against the backdrop of the United Nations Compensation Commission established by the Security Council to settle claims on damage from the Iraqi occupation of Kuwait, we present an institutional arrangement that promises to credibly commit member states to their previously defined interests without excluding them from the decision process. It separates the stages of rulemaking and rule application, and is reinforced by conditional agenda‐setting of an advisory body. We probe the theoretical claim with evidence from a unique data set that shows that the Commission settled compensation claims in a remarkably consistent way. The arrangement provides a blueprint for comparable regulatory tasks in many areas of international, European, or domestic politics, in which independent regulation is not feasible.     

From the rule of law to the rule of rules: technocracy and the crisis of EU governance

This article focuses on two trends emerging through the eurozone crisis, both of which diminish the quality of democracy in the EU and its member states. Firstly, the crisis has led to an increased reliance on non-majoritarian institutions, such as the ECB, at the expense of democratic accountability. Secondly, the crisis has led to a new emphasis on coercive enforcement at the expense of the voluntary cooperation that previously characterised (and sustained) the EU as a community of law. Thus, the ECB’s (over-)empowerment is a synecdoche of a wider problem: The EU’s tendency to resort to technocratic governance in the face of challenges that require political contestation. In the absence of opportunities for democratic contestation, EU emergency governance – Integration through Crisis – oscillates between moments of heightened politicisation, in which ad hoc decisions are justified as necessary, and the (sometimes coercive) appeal to the depoliticised rule of rules.     

The New Institutionalism and EC Governance: The Promise and Limits of Institutional Analysis

The "new" institutionalisms" in rational choice and historical analysis are being applied with increasing sophistication and accuracy to the study of European Community governance. The basic premise of such institutional approaches is that EC institutions, once created, "take on a life of their own," acting as independent or intervening variables between the preferences and power of the member governments on the one hand, and the ultimate policy outputs of EC governance on the other. The challenge for institutionalist theory consists in constructing a precise analytical tool-box that will allow us to make specific predictions about the ways in which, and the conditions under which, EC institutions may exert such an independent causal influence. EC institutions matter, I suggest, insofar as they: lend stability to an existing institutional structure; shape any subsequent amendment of those institutions; allow individual member governments to be outvoted by qualified majority; cause member states to lose control of events through lock-ins; and subject member governments to the actions of supranational agents whose behavior they can control only imperfectly.     

Testing Times: The Growing Primacy of Responsibility in the Euro Area

The aim of this paper is to address one of the growing causes of tension between responsiveness to electorates and responsibility to partners by analysing the new rule-bound system of economic governance that is evolving within the euro area in response to the crisis. The key argument is that the nature and depth of the external constraints that have been agreed since 2010 represent a step-change in the intrusion of external actors in the domestic government and politics of the euro states. Responsibility to the collective has emerged as the central norm of the framework of economic governance that is evolving. The norm is backed by a strong regulatory framework including sanctions. The paper concludes with an analysis of the likely impact of the new system on domestic politics and political parties under the rubric of the politics of constrained choice.     

The Distribution of A Priori Voting Power in the EC Council of Ministers and the European Parliament

One of the most important decision making bodies in the EC is the Council of Ministers. In that voting body the member states have different voting weights roughly in proportion to the size of their populations. This article focuses on the voting power of current and prospective member states (Finland, Norway and Sweden) utililizing the Shapley-Shubik and Banzhaf indices of voting power. As the decision rules play a crucial role in the computation of these indices, the a priori voting power distribution is considered under various decision rules ranging from simple majority to near unanimity. We also discuss the a priori voting power distribution of various political groupings in the current European Parliament and in the hypothetical parliament which would have Finland, Norway and Sweden as new members. Although thus far the real power base in the EC is the Commission, the analysis of voting power distributions in the Council of Ministers and in the parliament sheds some light upon the relative influence that various actors might have in EC decision-making processes.     

Of paradigms and power: British economic policy making since Thatcher

How do ruling policy paradigms persist over time and why do they often undergo significant internal ideational changes? While the impact of Peter Hall's approach to policy paradigms on the study of governance has been immense, there is a burgeoning consensus that a “Kuhnian” understanding of paradigms makes punctuated equilibrium style shifts the only game in town. While Hall's approach can account for inter‐paradigm change with reference to exogenous shocks, it does not allow for significant ideational shifts to occur intra‐paradigm. To remedy this, we place ideational power dynamics at the heart of the study of policy paradigms. We demonstrate the general applicability of our approach by examining the evolution of British macroeconomic policy‐making since 1990. We show how key policy‐makers were able to employ their institutional and ideational power to reinterpret and redefine the dominant neoliberal understanding of the economy to match their own specific ideas and policy priorities.     

The politics of external approval: Explaining the IMF's evaluation of austerity programmes

During the European debt crisis, numerous states launched austerity programmes. The International Monetary Fund (IMF) evaluates and forecasts the likelihood of member states’ success in implementing these programmes. Although IMF evaluations influence country risk perceptions on capital markets, little is known about their reasoning. This article uses fuzzy‐set qualitative comparative analysis (fsQCA) to explore on what grounds the IMF evaluated the success prospects of austerity programmes during the European debt crisis. Results reveal that IMF evaluations are heavily influenced by the programme's implementation credibility. They require a tractable policy problem, a country's institutional capacity to structure implementation, and favour expenditure reduction over revenue measures. By acting as a strict guide on the road to fiscal adjustment, the IMF indirectly influences member states’ scope of policy making through its surveillance activities. Extensive austerity programmes that need to be implemented swiftly are evaluated negatively if the country is not involved in an IMF programme.     

Experimentalist but not Accountable Governance? The Role of Frontex in Managing the EU's External Borders

In 2005 the European Agency for the Management of Operational Cooperation at the External Borders (Frontex) was founded. Contrary to the widely used principal–agent approaches, it is more promising to analyse Frontex through the lens of experimentalist governance. This paper has two lines of argument. First, it argues that Frontex may only succeed if Frontex has a sufficient degree of organisational independence and enjoys appropriate and steady support by all member states. This is especially virulent when many member states fail to provide significant contributions in terms of material and human resources as well as time, leading to a suboptimal reduction of duration, scope and operational impact of Frontex's missions. The second argument is concerned with the accountability of Frontex. Contrary to the experimental approach, this article takes a sceptical stance, arguing that important (supra-)national actors are sidelined and relevant legal rules are ignored.     

Capacity-building at the Headquarter Level: The Case of EU Civilian Peace Operations

Abstract

This article traces the institutional evolution of the Council Secretariat that plans and supports EU civilian peace operations. During the early days of the European Security and Defence Policy in the late 1990s competing political priorities of big EU member states and a dominance of military structures put civilian administrators at a significant disadvantage. Between 2003 and 2007, however, the rising number and complexity of civilian missions generated pressure for reform, which eventually led to the creation of a civilian headquarters. The historical analysis provides the basis for assessing the EU's current institutional capacities for civilian crisis management. While some administrative capacity deficits have been addressed, increased institutional formalization and further politically motivated reforms may increase tensions and hamper the accumulation of expertise.     

An alternative route of European integration: The community's railways policy

The process of European integration and policy‐making is sometimes rather puzzling. On the one hand, it is well documented that with respect to the implementation of European legislation member states tend to do less than they are supposed to do. On the other hand, it is striking that with respect to the implementation of the Council Directive 91/440 on the development of the Community's railways many member states went far beyond the minimum required by the European legislation. We argue that these differing evaluations of implementation success can be traced to different implementation approaches, which may be termed the ‘compliance approach’ and the ‘support‐building approach’. While the first is directed at prescribing domestic reforms from above’, the latter aims at triggering European integration within the existing political context at the national level. Here, successful implementation refers to the extent to which European legislation triggers domestic changes by stimulating and strengthening support for European reform ideas at the national level. In this respect, European legislation can influence the domestic arenas in basically three ways: by providing legitimisation for political leadership, concepts for the solution of national problems, and strategic constraints for domestic actors opposing domestic reforms.     

Humanitarian Crises and the International Politics of Selectivity

How has the international community responded to humanitarian crises after the end of the Cold War? While optimistic ideational perspectives on global governance stress the importance of humanitarian norms and argue that humanitarian crises have been increasingly addressed, more skeptical realist accounts point to material interests and maintain that these responses have remained highly selective. In empirical terms, however, we know very little about the actual extent of selectivity since, so far, the international community’s reaction to humanitarian crises has not been systematically examined. This article addresses this gap by empirically examining the extent and the nature of the selectivity of humanitarian crises. To do so, the most severe humanitarian crises in the post-Cold War era are identified and examined for whether and how the international community responded. This study considers different modes of crisis response (ranging from inaction to military intervention) and different actors (including states, international institutions, and nonstate actors), yielding a more precise picture of the alleged “selectivity gap” and a number of theoretical implications for contemporary global security governance.     

The European Council and The Council of the European Union: Shapers of a European Confederation

The European Council and the Council of the European Union playkey roles in the European Union. The European Council is largelyconcerned with system-steering, while the Council of the EUundertakes sectoral policymaking. What is common to these rolesis the balancing act carried out by both institutions. Bothhave to mediate the centripetal dynamics of integration, termedcooperative confederalism here, and the centrifugal dynamicswhich are found in the strongly entrenched territorial natureof power, centered on the member states. Using new institutionalistanalysis, the article illuminates different facets of the twoinstitutions1 functioning in mediating the two dynamics.     

European Union enlargement: Power distribution implications of the new institutional arrangements

Abstract. It is argued that enlargement challenges institutional balances and in particular relative powers of national actors within the European Union (EU). This article concentrates on the impact of future enlargement (with the current negotiating 12 candidates) on power distribution in the Council of Ministers of the European Union and the European Parliament based on the decisions taken at the Nice Summit in December 1800. It uses the Shapley-Shubik and Banzhaf indices to evaluate past and emerging power distributions in both the Council and in the Parliament. A brief section on Turkey (the thirteenth, non-negotiating, official candidate) is included to evaluate its possible impact in the case of admission to the Union.     

The Vocal Euro‐outsider: The UK in a Two‐speed Europe

The EU is divided between member states that have adopted the euro and those that have not. This article looks at the issue of differentiated integration with particular reference to eurozone integration and the euro‐outsiders. I explore the recent public debate in the UK on euro‐outsiderness, comparing this with debates in Denmark. The article highlights some striking differences between the UK and Denmark when it comes to the actual management of euro‐outsiderness in Brussels as well as some of the dilemmas facing euro‐outsiders such as the UK, Denmark, Sweden and Poland as the EU struggles to exit its crises. Finally, I discuss the future of two‐speed European integration and the UK's possible exit from the EU. The UK cannot escape the dilemma of favouring either influence or autonomy; whether the UK remains in or leaves the EU, it will need to allow the eurozone to proceed in order to prevent further eurozone crises.     

How did the euro area survive the crisis?

Six recent books differ in their explanations as to how the euro area survived the crisis. In this review it is concluded that strong supranational institutions rather than German or Franco-German leadership, shared identity or the popular legitimacy of central institutions have been the crucial condition. Popular support for the euro has remained relatively high in many member states. While the crisis led to some expansion of the intergovernmental method, survival of the euro area required a great expansion in the powers of supranational institutions.     

Steering through Complexity: EU Environmental Regulation in the International Context

The nature of governance in the European Union (EU) and its member states is continuing to evolve as the EU develops. This paper focuses on the challenges to this governance process in the sector of environmental policy, and particularly the role of external organizations and states in providing alternate policy fora. The policy impact of these institutions and organizations leads to more actor participation in a way that EU players may not be able to anticipate or control since the EU is only one of several arenas involved. Both states and non-governmental actors actively seek to shift issues to arenas that provide them advantages. Consequently, developments in other arenas shape and are shaped by EU issues as actors pursue forum shopping. The paper presents two cases, the amendment of the Basel Convention to ban hazardous wastes export and the EU regulation of chemical risk, which demonstrate how external players can shape EU regulation.     

Gender,actors, and institutions at the local level: Explaining variation in policies to address violence against women and girls

Research on gender equality policy has generally focused on actors and institutions at the national and international levels. This article considers the role of local‐level actors and institutions in explaining different policy responses to violence against women and girls (VAWG). The literature on gender policy trajectories identifies the particular importance of executive actors in influencing “status policies” like VAWG. Quantitative data are analyzed to show how local Police and Crime Commissioners in England and Wales have responded to demands for policy action. The focus is on the interaction between the 41 elected commissioners and the new institutional arrangements for police governance introduced in 2012. The article shows that variation in policy outcomes is related (a) to the gender of executive actors and (b) to the way in which actors interpret elements of the institutional framework, regardless of their own gender.