Beyond the Ode to Joy? The Politics of the European Anthem

Anthems are conventionally viewed as helping to unify and mobilise populations by generating a sense of shared identity. Beethoven's Ode to Joy, which currently serves as the European anthem, occupies a more equivocal place in the European Union's symbolic armoury. Whether performed with or without Schiller's original text, the piece raises important questions regarding the nature of the European Union and the purpose of Beethoven's music within contemporary European politics. Nevertheless, given that any practical alternatives also raise significant difficulties, Beethoven's Ode to Joy can be regarded as a useful prompt for reasoned discussions regarding the future of the European Union, especially if reunited with the text of Schiller's An die Freude.     

Eastward Enlargement of the European Union and the Identity of Europe

The constitution of a European demos with a collective identity is one of the preconditions for adjusting the legitimacy problem of the European Union (EU). The analysis attempts to clarify empirically whether there is sufficient commonality regarding Europeans' political value orientations to substantiate a collective identity. Particularly in view of the European Union's eastward enlargement, the question arises whether widespread cultural heterogeneity in Europe allows the formation of a European demos at all. In Europe we can identify a West-East axis of political value orientations. Democratic attitudes decrease the further to the East while at the same time there is an increase in etatist orientations. Thresholds can be observed which distinguish Western European countries on the one hand and Central and Eastern European countries on the other. Within the group of Central and Eastern Europe a further distinction can be made between the three Slavic republics of the former Soviet Union and the rest of the countries. These findings support Huntington's theory of civilisations.     

Positive constitutional economics: A survey

The author distinguishes between normative and positive constitutional economics. Taking the observation that the normative branch of the new discipline is much better developed than its positive counterpart as a starting point, the available positive literature is surveyed nevertheless. The available evidence is arranged into four categories: (1) Constitutional rules and the procedures bringing them about, (2) constitutional rules as the result of preferences and restrictions, (3) constitutional rules channeling constitutional change, and (4) the economic effects of constitutional rules. Additionally, various concepts of the constitution are presented, the tools suited for a positive theory of constitutional economics discussed, and precursors as well as related research programs shortly described.     

From capacity to sovereignty: Legislative politics and differentiated integration in the European Union

The literature suggests that legislative politics among European Union Member States is characterised by economic exchanges, and constrained by the social norms of a European community of legislators. Both views draw a clear line between the legislative process and the conflicts over sovereignty that have left their mark on treaty making and European public opinion since the 1990s. This article suggests revisiting this view, based on an analysis of why Member States have opted out of legislation from the 1970s to today. It argues that differentiation, while once a response to capacity problems of relatively poor countries, has recently become driven by sovereignty concerns of the Union's wealthy and nationally oriented Members that oppose the EU's intrusion into core state powers. The article presents evidence for the impact on legislative outcomes of factors so far thought not to matter. The results indicate greater European‐level legislative responsiveness towards national sovereignty demands than previously recognised. They underline that the nature of European politics has been changing with the EU's push into core state powers.     

The Stein Rokkan Lecture 2016 Mission impossible? Reconciling economic and social Europe after the euro crisis and Brexit

During the crisis, the European Union's ‘social deficit’ has triggered an increasing politicisation of redistributive issues within supranational, transnational and national arenas. Various lines of conflict have taken shape, revolving around who questions (who are ‘we’? – i.e., issues of identity and inclusion/exclusion); what questions (how much redistribution within and across the ‘we’ collectivities) and who decides questions (the locus of authority that can produce and guarantee organised solidarity). The key challenge facing today's political leaders is how to ‘glue’ the Union together as a recogniseable and functioning polity. This requires a double rebalancing: between the logic of ‘opening’ and the logic of ‘closure’, on the one hand, and between the logic of ‘economic stability’ and ‘social solidarity’, on the other. Building on the work of Stein Rokkan and Max Weber, this article argues that reconciliation is possible, but only if carefully crafted through an extraordinary mobilisation of political and intellectual resources. A key ingredient should be the establishment of a European Social Union, capable of combining domestic and pan‐European solidarities. In this way, the EU could visibly and tangibly extend its policy menu from regulation to (limited, but effective) distribution, reaping the latter's benefits in terms of legitimacy. The journey on this road is difficult but, pace Rokkan, not entirely impervious.     

Whose Mandate is it Anyway? Brexit,the Constitution and the Contestation of Authority

Over the past year, a seemingly relentless barrage of Brexit‐related challenges has besieged the British constitution, which together have called into question the legitimacy of the political system. Yet, although it is tempting to regard the decision to hold a referendum on Britain's membership of the European Union as precipitating an acute constitutional crisis, this article argues that political and democratic dilemmas arising from Brexit are symptomatic of a wider constitutional malaise, the roots of which extend far beyond 23 June 2016. Flowing out of this, the article contends that the current crisis is one of ‘constitutional myopia’, fuelled by decades of incoherent reforms and a failure to address adequately democratic disengagement; and that the EU referendum and its aftermath have merely exposed the extent to which the foundations of the constitution have been eviscerated.     

The European constitution project from the perspective of constitutional political economy

Three topics of a European constitution are discussed. First, basic arguments from constitutional political economy that aim at restricting representatives’ potential misuse of powers in a European Union with extended competencies are summarized. Since a European demos does not yet exist, an extension of competencies of the European Parliament is not sufficient in order to legitimate political decisions at the EU level. The introduction of elements of direct democracy in the European constitution would shape the creation of such a demos and lead to a stronger control of the European legislature and executive. Second, the introduction of direct democracy in the European constitution is proposed in order to reduce the European democratic deficit. Third, the creation of a European federation requires a more transparent assignment of competencies and rules to resolve conflicts between different centers of power. A European federation should be organized according to the principles of competitive federalism.     

Constitutional political economy in the European Union

This article surveys recent research in constitutional political economy in Europe. Although not all of the works discussed necessarily focus only on European constitutional issues or are written by Europeans, European constitutional issues figure importantly in each area surveyed. The article examines the literatures linking constitutional institutions to economic growth, government size, government deficits and corruption, bicameralism, direct democracy and federalism. Three exclusively European topics also are covered: constitutional issues in the transition countries, the structure of the European Union and the draft constitution for the European Union.     

The European Convention: Bargaining in the Shadow of Rhetoric

The European Convention on the Future of Europe was initially presented as a turning point in the history of European integration. This article argues that, although its composition was broader, its process more transparent and its rules more flexible than classic intergovernmental conferences, the Convention was not Europe's Philadelphia. Since it took place under the shadow of the IGC and under a leadership especially sensitive to the positions of big member states, the Convention reproduced, by extension, the logic of intergovernmental bargains. Nevertheless, some of the Convention's outcome – the most formal aspects of its draft treaty with less predictable distributional consequences – can be explained by the ‘social norm’ of constitutional deliberation conveyed by its president and supported by a majority of its members.     

A Changing UK in a Changing Europe: The UK State between European Union and Devolution

Two issues currently dominate the UK's constitutional landscape: the UK's membership of the European Union (EU) on the one hand; and the unsettled constitutional settlements between the UK and the devolved administrations of Scotland, Wales and Northern Ireland on the other. This article considers these two issues in concert. It stresses the distinct relationships between the EU and the devolved territories within the UK—concerning both devolved and non‐devolved policy areas—highlighting the salience of a devolved perspective in any consideration of UK–EU relations. Despite its importance, sensitivity to this has been lacking. The article explores the implications of a ‘Leave’ or ‘Remain’ outcome on the future of the internal territorial dynamics within the UK. While there are too many unknowns to be certain of anything, that there will be knock‐on effects is, however, beyond doubt.     

European citizenship and political identity

A common European identity is necessary to support European citizenship. National identity does not represent a suitable model for European identity because it relies on elements of kinship, like ancestry, culture, language and traditions, which are not shared by all European citizens at the same time. Only a model of collective identity based on political association could bring together all the different European cultural and national identities. However, if we reject the national, culturally homogeneous model of identity in favour of an entirely political one, we are faced with the task of defining the substance of European political identity. The main purpose of this paper is to outline the essential elements of a European political identity, by looking at Europe's political and constitutional history and at the practice of citizenship in the European Union. European political identity and citizenship will be confronted with two major issues affecting the fields of identity and citizenship: pluralism and exclusion.     

An Alternative Constitutional Treaty for the European Union

We propose an alternativeto the Constitutional Treaty drafted by theEuropean Convention. Our proposaleffectively limits the domain of governmentat the Union level. It takes the incentivesof the European public actors into account.We propose a second chamber of EuropeanParliament composed of delegates of theparliaments of the member states and asecond court composed of delegates of thehighest courts of the member states. Theseinstitutions will be the guardians of thesubsidiarity principle. The principle ofthe separation of powers is implemented byabolishing the Commission's monopoly oflegislative initiative and by curtailingthe Council's legislative role. Treatyamendments will not be drafted by aninter-governmental conference but by aninter-parliamentary conference. We proposeto change the method of financing andintroduce referenda.     

China and Europe: engagement,multipolarity and strategy

Abstract

Ever closer relations between China and Europe over the last decade have sparked speculation about an emerging axis or balance of power vis-à-vis the United States. China, the European Union and its key member states have expressed a preference for a more balanced international order based on multilateral institutions. Despite a rapid and extensive expansion in economic and political relations between China and the European Union, there is no evidence for balancing against the United States in strategic areas. Rather, the variations in the positions of China, the European Union and the United States can more accurately be seen as policy or interest bargaining. Because the European Union does not share US security interests in the Asia-Pacific region, the European Union and its key member states can seem at variance with the US position on China. Bargaining over the failed attempt to lift the European Union's arms embargo against China shows that the European Union and the United States are not so far apart on strategic issues in the Asia-Pacific.     

Regulating political advertising in the EU and USA: a human rights perspective

Underlying the American model of political campaign communication are the US Constitutional guarantees of free speech, which secure the rights of citizens to support political candidates of their choosing and express that support in various forms, from bumper stickers to television advertising. Courts have at times struck down measures regulating political advertising, including limits on the amounts of such advertising and the amounts of funds which candidates, parties and individuals may spend on election‐related speeches and advertising as infringements of these rights. With few exceptions, in the USA, government may not limit the number of spots a candidate airs in an election. In Europe, international norms concerning free expression and fair elections appear in a number of legal instruments, including, most recently, the UK's Human Rights Act 1998 and the EU's Charter of Fundamental Rights. This paper compares the role and development of American First Amendment doctrines in limiting restrictions on political advertising in the USA with the development of comparable norms of free expression under the European Convention on Human Rights, European Union treaties and legislation and national laws of the member states and accession countries. In particular, this paper addresses the validity and enforceability of European legal limits on number, timing, placement, quantity and content of political advertisements under applicable human rights rules and similar regulations. The paper concludes that (1) a combination of European legal instruments, including the European Convention on Human Rights, the European Community Treaty, the European Community's ‘Television Without Frontiers’ Directives and the Council of Europe's Convention on Transfrontier Television offer protections of a kind and type which broadly track the protections of the USA's First Amendment; that (2) it seems that governmental justifications for restricting these freedoms are more readily accepted in Europe than they might be in courts in the USA; and that (3) certain restrictions on political advertising identified in previous studies as existing throughout Europe will face increased judicial scrutiny and some of them are probably illegal under European Human Rights principles. Copyright © 2004 Henry Stewart Publications     

Sui Generis and Treaty Citizenship

This article, written from an Aboriginal perspective, explores the problematic invitation to federal citizenship in Canada for Aboriginal peoples. Its focus is on the deficits of such an offering for the constitutional rights of Aboriginal peoples, which is characterized by sui generis and treaty citizenship. Informed by Aboriginal and intercultural perspectives, the article argues that the offerings of statutory citizenship for Aboriginal peoples inverts rather than respects the constitutional relationship. It looks at how the Supreme Court of Canada has located and structured sui generis Aboriginal orders, the concepts of sui generis citizenship, treaty federalism, and constitutional supremacy as compared with the idea of federal citizenship, concluding that such 'invitations' to Canadian citizenship are inconsistent with and infringe upon the constitutional rights of Aboriginal peoples. By understanding the prismatic nature of Canadian federalism in a postcolonial context, this article aims at reconceptualizing Canadian citizenship in terms of ecological belonging, fundamental rights, and respect for human diversity and creativity.     

Mueller on European Federation: A Reply from the Perspective of Australian Federalism

Dennis Mueller has recently made a significant contribution tounderstanding issues of federalism and confederalism in theEuropean Union – from a particular public choice point of view. Hefurnishes an important and provocative discussion of therelationship between the decision-making rules embodied in aconstitutional convention (or other means of drafting a form ofunion for constituent states) and the decision-making rules whichwill be contained in the constitution which is the outcome of thatconvention. However, Mueller's veiled preference for a certainideal form of federalism for Europe tends to reduce the parametersof his discussion, and gives his article an unrealistic and narrowfocus, despite its ambitious scope. The present article exploressome of the latent complexities in the public choice analysis anddesign of European integration, particularly by drawing on thewider experience of working federations and theory of federalism,using the unique and synthesizing Australian experience as a pointof departure. It argues that Mueller's analysis is biased towardsthe reduction of decision-making costs of European governance, andthus undervalues the external costs that may be imposed throughexcessive central government.     

The New Neighborhood Policy of the EU: An Appropriate Response to the Arab Spring?

This article analyzes the extent, substance, and underlying objectives of the European Union's (EU) new neighborhood policy in response to the Arab Spring. It questions whether the new policy approach constitutes a major policy shift or is just “old wine in new wineskins.” The article discusses the causes for much continuity and limited change in the new policy from a neo-institutionalist perspective. It concludes that both continuity and change primarily result from constraints inherent to the EU. In particular, the interaction between the Commission and the Council shapes a policy that corresponds with the normative aspirations and realist interests of the EU but hardly with the needs and expectations of the partner states.     

Agenda control in EU referendum campaigns: The power of the anti‐EU side

European Union (EU) referendums provide unique opportunities to study voters’ attitudes toward a distant level of governance. Scholars have long tried to understand whether EU referendum results reflect domestic (dis‐)satisfaction with the incumbent governments or actual attitudes toward the Union. Finding evidence supporting both domestic and European factors, the recent focus has thus turned to referendum campaigns. Recent studies emphasise the importance of the information provided to voters during these campaigns in order to analyse how domestic or European issues become salient in the minds of voters. These studies nonetheless overlook the asymmetrical political advantage in such campaigns. The broader literature on referendums and public opinion suggest that in a referendum, the ‘No’ side typically has the advantage since it can boost the public's fears by linking the proposal to unpopular issues. This article explores whether this dynamic applies to EU treaty ratification referendums. Does the anti‐EU treaty campaign have more advantage than the pro‐EU treaty campaign in these referendums? Campaign strategies in 11 EU treaty ratification referendums are analysed, providing a clear juxtaposition between pro‐treaty (‘Yes’) and anti‐treaty (‘No’) campaigns. Based on 140 interviews with campaigners in 11 referendums, a series of indicators on political setting and campaign characteristics, as well as an in‐depth case study of the 2012 Irish Fiscal Compact referendum, it is found that the anti‐treaty side indeed holds the advantage if it engages the debate. Nonetheless, the findings also show that this advantage is not unconditional. The underlying mechanism rests on the multidimensionality of the issue. The extent to which the referendum debate includes a large variety of ‘No’ campaign arguments correlates strongly with the campaigners’ perceived advantage/disadvantage, and the referendum results. When the ‘No’ side's arguments are limited (either through a single‐issue treaty or guarantees from the EU), this provides the ‘Yes’ side with a ‘cleaner’ agenda with which to work. Importantly, the detailed data demonstrate that the availability of arguments is important for the ‘Yes’ side as well. They tend to have the most advantage when they can tap into the economic costs of an anti‐EU vote. This analysis has implications for other kinds of EU referendums such as Brexit, non‐EU referendums such as independence referendums, and the future of European integration.     

Kampf um Souveränität?

The article documents a panel debate held at the Kiel congress of the German Political Science Association (DVPW) in September 2009. With its Lisbon judgment passed in June 2009, the German Federal Constitutional Court delivered a groundbreaking decision on Germany’s involvement in the European integration process. The Court ruled that the German accompanying law (Begleitgesetz) violated the national constitution because it did not guarantee sufficient parliamentary involvement. Furthermore, the Court announced its intention to intensify the constitutional control of the national applicability of European legal acts (the ultra vires control and the identity control). Stephan Leibfried, Marcus Höreth, Martin Höpner, Fritz W. Scharpf and Michael Zürn discuss the judgment with respect to its implications for the further integration process, for the national and supranational capacities to act, for the democratic quality in the European multilevel system and for political-economic problems.     

How to not speak the ‘F‐word’: Federalism between mirage and imperative in the euro crisis

The recent financial and debt crisis has resuscitated the debate about European federalism – a theme that seemed not to have survived the painful constitutional adventure that ended with the ratification of the Lisbon Treaty in 2009. With the adoption of significant policy and institutional measures for tightening macroeconomic and budgetary coordination (including a constitutionally enshrined debt brake), the reforms of the monetary union have undisputedly brought the European Union further on the path towards an ever closer union. In an era where EU integration has been increasingly politicised, and Euroscepticism has been on the rise and exploited by anti‐system parties, national leaders have to face a political hiatus and respond to increased needs for symbolic and discursive legitimation of further federalisation. This is all the more crucial for French and German leaders who have brokered the main decisions during the crisis of the eurozone. Against this background, the purpose of this article is not to assess whether, or to what extent, the recent reforms of economic and monetary union have made the EU more federal. Rather, the purpose is to tackle the following puzzle: How have EU leaders legitimised the deepening of federal integration in a context where support for more European federalism is at its lowest? To elucidate this, a lexicographic discourse analysis is conducted based on all speeches held by the German Chancellor Merkel and the two French Presidents Sarkozy and Hollande, previous to, or after European summits from early 2010 until the spring of 2013. The findings indicate that federalism is both taboo and pervasive in French and German leaders' discourse. The paradox is barely apparent, though. While the ‘F‐word’ is rarely spoken aloud, two distinctive visions co‐exist in the French and German discourse. The coming of age of a political union through constitutional federalism is pictured as ineluctable, yet as a distant mirage out of reach of today's decision makers. At the same time, the deepening of functional federalism in order to cope with economic interdependence is a ubiquitous imperative that justifies further integration. The persisting gap between the constitutional and the functional vision of European federalism has crucial implications. Insofar as the Union is held responsible for not delivering successful economic policy, political leaders will fail to legitimise both functional and constitutional federalism.