Europeanization and Domestic Employment Policy Change: Conceptual and Methodological Background

The article deals with the differential domestic employment policy adaptation to the European Employment Strategy that occurred over the past years in two European countries—Italy and France. Building on the Europeanization and welfare state change literature, the contribution operationalizes the “goodness of fit” hypothesis and develops a “policy structure” approach for the analysis of domestic employment policy change. The main argument is that domestic adaptation to the European Union depends primarily on the preferences of key institutional and social actors, and not on the specific design of domestic institutions. More in general, the article not only supports the validity of the misfit hypothesis but also shows how the nature and intensity of domestic preferences do explain differential patterns of adaptation to Europe (policy transformation in the Italian case, policy adjustment in the French case) in similar conditions of policy “misfit.”     

Das Regieren jenseits des Nationalstaates und der Mythos einer 80-Prozent-Europäisierung in Deutschland

Governance beyond the nation state is intensively discussed with regard to the degree of Europeanization of the member states. For some scholars, the Europeanization degree of German legislation has already reached a share of 80 percent. This article applies a quantitative perspective and investigates, whether and to what extent German legislation has been stimulated by European impulses over the past 30 years. In contrast to previous studies, the analysis distinguishes between regular and important legislation and examines whether and to what extent European impulses are induced by EU legislation. The results reveal that previous estimates have dramatically overstated the influence of Europeanization on German legislation. According to our findings, a share of 80 percent has only once occurred in a single policy domain. Usually, this share is significantly lower, in particular for important legislation. Moreover, it is only possible to identify the reasons for half of the Europeanization impulses in the respective EU legislative database.     

The national impact of European Union regulatory policy: Three Europeanization mechanisms

Abstract. While much has been written about the impact of European Union (EU) regulatory policy, most of the scholarly work is concerned with developments at the European level. Only recently have attempts been made to fill this gap. Although there is a growing number of studies explicitly concerned with the Europeanization of domestic institutions, we still lack consistent and systematic concepts to account for the varying patterns of institutional adjustment across countries and policy sectors. The aim of this article is to provide a more comprehensive framework for explaining the domestic impact of European policy making. We make an analytical distinction between three mechanisms of Europeanization – institutional compliance, changing domestic opportunity structures, and framing domestic beliefs and expectations – each of which requires a distinctive approach in order to explain its domestic impact. We argue that it is the particular type of Europeanization mechanism involved rather than the policy area itself that is the most important factor to be considered when investigating the domestic impact of varying European policies.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

Comparing Feminist Policy in Politics and at Work in France and Germany: Shared European Union Setting, Divergent National Contexts

This essay introduces the seven articles in the symposium. Placing this special issue within the purview of the new field of Feminist Comparative Policy, the analysis shows how the symposium contributes to comparative theories of feminist policy formation in Western postindustrial democracies. It then defines the three subareas of feminist policy covered in the rest of the volume—political representation, equal employment, and reconciliation—explains why the German and French cases were selected for comparative analysis, discusses the importance of the ongoing process of Europeanization for feminist policy in the two countries, and finishes with a presentation of the outline for the seven articles.     

The Europeanization of National Administrations: A Comparative Study of France and the Netherlands

Studies of the impact of European integration on the national administrations of the member states of the European Union (EU) have pointed towards an uneven process of "Europeanization." While there has unquestionably been a growing range and frequency of contacts between national administrations and the EU system, there is little evidence of an expected convergence towards a common institutional model. This uneven Europeanization is presently explained with reference to a neo-institutionalist framework, drawing primarily on the work of March and Olsen. It is argued that the politico-administrative systems of the member states differentially adapt to the pressures of European integration in a manner which reflects the preexisting balance of domestic institutionnal structures, as well as th broader matrices of values which define the nature of appropriate political forms in the case of each national polity. Distinctive national patterns of institutional adjustment, rather than appearing anomalous, emerge as corresponding to a basic logic of differentiation indissociable from the integration process itself. The general argument is illustrated by an extended comparative study of France and the Netherlands, examining both the making and the implementation of European policy in the two countries.     

Europeanization and Institutional Change in Vocational Education and Training in Austria and Germany

This article analyzes how the EU's vocational education and training (VET) policy is reflected in domestic reforms in Germany and Austria. It perceives Europeanization as a heuristic concept to disentangle a twofold process of institutional change: The first process, the "Europeanized" arena of change, concerns change initiated by the reactions of domestic actors to EU initiatives; the second process of change—the "domestic" arena of change—concerns the ongoing incremental endogenous change in domestic institutions beneath and independent from the Europeanized arena of institutional change. This procedure allows us to differentiate between two modes of Europeanization: In Germany, Europeanization occurs as reform policies and politics; in Austria, Europeanization occurs more as institutional change by default, hence without strategically enacted reform initiatives shaped by the EU and as domestic institutional change that occurs anyway. The article combines the case-oriented method of difference with process tracing.     

Territorial Representation and the Opinion–Policy Linkage: Evidence from the European Union

A key feature of federal systems is the representation of subnational units by “territorial representatives” in policymaking at the federal level. How do such arrangements influence the linkage between public opinion and policy outputs? I argue that policymaking under territorial representation should be systematically skewed toward opinion in those states where citizens care about a policy issue and have a uniform view on it. This claim is tested using a novel data set of policy change in the European Union (EU), covering 211 policy issues and 6,506 observations of opinion–policy dyads. Results show that measures weighting opinion across member states by how much national citizens care about an issue are better predictors of policy change than EU‐wide mean opinion. Moreover, congruence between state‐level opinion and EU‐level policy becomes more likely, the more salient and clear‐cut opinion in a member state is. These findings refine our understanding of the opinion–policy linkage under territorial representation.     

„Selbstbewusst“ und „stolz“. Das außenpolitische Vokabular der Berliner Republik als Fährte einer Neuorientierung

The article sketches a newly developed analytical approach (“vocabulary analysis”) inspired by philosophy of language. Without engaging in the debate as to whether Germany’s foreign policy is best characterised either in terms of continuity or change, the article reconstructs the development of the German foreign policy practice between 1986 and 2002 on the basis of the foreign policy elite’s discourse. In an exemplary fashion it illustrates the use of the key concepts Germany, Europe, power, responsibility, self-confidence and pride. We conclude that vocabulary analysis reveals astonishing shifts in the semantic web of which German foreign policy discourse is “woven” — shifts which will also leave traces in Germany’s foreign policy identity.     

Europäisierung regionalen Regierens: Mit Sinatra zum „autonomieorientierten Systemwechsel“ im deutschen Bundesstaat?

Within the last years integration theory is focusing on studies analysing the impact of Europeanization on national and regional governance. This contribution demonstrates that the German Länder till the mid 90’ies have developed and still follow a twofold strategy in representing their interests in the European interactive system: interest representation through the German federal system and direct interest representation at the European level. Since some years the guiding ideas of the Länder have changed. Thus, the further development of co-operative and interactive policy-making was no longer on top of the agenda. Despite, the Länder asked for a clear cut of competence within the multi-level system — what is called here Sinatra-strategy, according to the song “I did it my way …”. This discussion at the European level is linked with the demand for reforming German federalism in the sense of “competitive federalism”. The contribution asks whether the Sinatra-strategy at the European level could have an impact on the German co-operative federalism and could help to transform it towards a more “autonomy oriented system”.     

The EU Fundamental Rights Policy as a Source of Euroscepticism

This article analyzes how the development of the European Union (EU) fundamental rights policy feeds Euroscepticism—and notably political Euroscepticism—within segments of national political elites in EU Member States. More specifically, it argues that this relatively new policy also gives rise to a new form of political Euroscepticism, which has been defined as “value-based Euroscepticism,” e.g., the perception that the EU via its fundamental rights policy, unduly interferes in matters where value systems and core domestic preferences on ethical issues are at stake. This happens in a context where the EU is resented, by some segments of political elites, for allegedly empowering diverse groups (such as ethnic minorities, immigrants' associations, judges, and so on) at the expense of popular sovereignty. This resentment is exacerbated by the fact that national governments are increasingly submitted to the critical assessment of EU-level actors (e.g., the European Parliament or the European Commission) in terms of democratic credentials.     

The politics of state compliance with international “soft law” in finance

Why do jurisdictions comply (or not) with international soft law in finance? This research systematically links international and domestic explanations of compliance by highlighting the “disjuncture” between the international standard‐setting process and the process of domestic compliance. Two causal mechanisms that affect compliance are identified. In the uploading stage, elected officials delegate the making of international soft law to domestic regulators; large, internationally active financial institutions mobilize extensively and, to a large extent, successfully. In the downloading stage, domestic interest groups team up with elected officials in order to resist compliance with international soft law that has negative distributional implications for domestic constituencies. These arguments are illustrated through a structured, focused comparison, and process tracing of the mixed record of compliance of the two main jurisdictions worldwide—the United States and the European Union—with the main international banking standards, the Basel Accords.     

International diffusion of regulatory governance: EU actorness in public procurement

This paper attempts to go beyond actor‐centered explanations of the European Union's (EU) presence in regulatory politics by examining the role of the EU in the diffusion of regulatory norms and practices. We explore the international diffusion of public procurement policy, to which multiple organizations and especially the EU and the World Trade Organization have made an active contribution. Using the “opportunity‐presence‐capability” scheme, we argue that the EU is actively co‐shaping the global agenda on public procurement, mainly as a result of the “opportunity” and “presence” dimensions of its global actorness and its role in the horizontal diffusion of public procurement regulations between international organizations. For “EU as a global actor” literature to offer valuable explanations, an in‐depth analysis of its relationship with other international organizations, such as the World Trade Organization, reveals significant interactions and the co‐shaping of policy agendas.     

Fundamental Rights: An Unsettling EU Competence

For many years, fundamental rights were primarily protected in the European Union (EU) legal order in a negative way; EU institutions and Member States should not infringe fundamental rights when acting within the scope of EU law. However, since the Treaties of Amsterdam and Lisbon, the EU has gained greater competences to develop fundamental rights standards, and new mechanisms for the protection of these standards have emerged. Although these new instruments enhance the mandate of the EU regarding fundamental rights protection, they also trigger a number of important questions. They are capable of calling into question, to an unprecedented extent, sensitive domestic policy areas through a rights-based process of Europeanization. Furthermore, the EU regime for the protection of fundamental rights is increasingly difficult to contain within the limits of the traditional principle of attributed competences that was initially designed to circumscribe the process of European integration. Both types of questioning trigger significant resistances at the EU as well as national level.     

“Europäisierung” der Bundesstaatsreform? Zur Übertragung des EU-Konventsmodells in Deutschland und Österreich

While the European Convention was working on the Draft Treaty, similar bodies for reforming the national state organisation were installed in Germany and Austria. The paper analyses this new form of “Europeanisation” by answering two questions: Why was the Convention considered an attractive model only in these member states of the European Union? And how can obvious differences between the relevant reform procedures be explained? Challenging the well-known thesis that a “misfit” between the national and EU levels poses a necessary condition for “Europeanisation”, it is argued that the isomorphic contexts of the EU and Germany as well as Austria explain the domestic attractiveness of the Convention model; the different ways of its translation are caused by case-specific factors.     

Strategien und institutionelle Perspektiven nach der Verfassungskrise: „Funktionalistische” und „institutionalistische” Wege zu einem neuen europäischen Verhandlungspaket

The European Council today is the only institution which has the potential and the possibility to lead the EU out of its current “valley of uncertainty”. Under the leadership of a new generation of heads of state, the conclusion of a European package deal may be expected from 2007 onwards, containing three central elements: 1. a “Europe of projects”, identifying policies and projects of common interest, 2. the “flexibilisation” of the EU in order to facilitate European politics among the member states and 3. institutional or constitutional reforms of the European polity, for which the constitutional treaty will remain the single most important point of reference. However, no simple, “optimal” road for the future development of the EU may be anticipated.     

Government, Interest Groups and Policy Change

Much of the British and European literature on the role of interest groups in the policy process focuses on their participation in policy networks of various types. Possibly reflecting the original development of the policy community and policy network 'models' in the late 1970s, these approaches tend to emphasize stability and continuity – of both networks and policies. However, the 1980s and 1990s have witnessed much policy change and instability in most Western European states. In particular, some governments have adopted a more impositional policy style, and interest groups have learned to exploit the opportunities presented by a policy process which is increasingly characterized by multiple opportunity structures. This is especially the case following Europeanization of many policy sectors within the fifteen EU member states. The article focuses on the possible causes of policy change, including the importance of state power; changes in the behaviour of interest groups as they adjust to and exploit the opportunities presented by multi-arena policy-making; the impact of new policy fashions, reflecting knowledge and ideas which can act as a virus-like threat to existing policy communities.     

Concepts of citizenship underlying EU gender equality policies

This article assesses the framing of gender equality in the EU political discourse from 1995 to 2005 and the conceptualisations of citizenship that emerge from it. To assess the extent to which EU gender equality policies meet the aspirations of the concept of a gender equal citizenship, it develops an analysis of how different feminist approaches to citizenship are related to concepts of rights and responsibilities in EU gender equality policies. The frame analysis of a selection of EU policy documents in the areas of family policies, domestic violence, and gender inequality in politics reflects different configurations of the relation between feminist conceptualisations of citizenship and citizens' distribution of rights and responsibilities. Findings show that both gender-neutral and gender-differentiated conceptualisations of citizenship are present in EU policy documents, while a gender-pluralist approach tends to be absent. They also reveal that, while both men and women are formally treated as right-holders, women are framed as mainly responsible for eradicating the barriers to an equal enjoyment of citizenship rights. Moreover, men and women are constructed as different citizens. The article concludes that EU formal definitions of citizenship based on the concept of equality, while promoting legal gender equality and acknowledging the existence of gender obstacles to the enjoyment of an equal citizenship for women, are not by definition translated into policy initiatives transformative of traditional gender roles. In this respect they could hamper the achievement of a gender equal citizenship in the European Union.     

Choosing channels. Intra-state and extra-state strategies of Belgian subnational authorities in response to the European Semester

Europeanization literature has found that, in general, subnational authorities prefer to target the EU indirectly via member state channels. This article tests whether these findings hold in the non-legislative domain of the European Semester. With respect to the Belgian case, the article concludes that all Belgian subnational authorities indeed primarily use the cooperative intra-state channels as a response to the domestic division of competences and the EU decision-making procedures. It also finds that in addition especially Flanders invests substantially in extra-state strategies towards EU institutions. The article concludes that stronger time constraints, lower compliance pressure and the more politically salient issues of the European Semester trigger the most prosperous and identity prone region to adopt additional extra-state channels on top of the dominant intra-state channels.