“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.     

Europeanisation and social movements: The case of the Stop TTIP campaign

Over the past years, the economic crisis has significantly challenged the ways through which social movements have conceptualised and interacted with European Union institutions and policies. Although valuable research on the Europeanisation of movements has already been conducted, finding moderate numbers of Europeanised protests and actors, more recent studies on the subject have been limited to austerity measures and the Transatlantic Trade and Investment Partnership (TTIP) has been investigated more from a trade unions’ or an international relations perspective. In this article, the TTIP is used as a very promising case study to analyse social movements’ Europeanisation – that is, their capacity to mobilise referring to European issues, targets and identities. Furthermore, the TTIP is a crucial test case because it concerns a policy area (foreign trade) which falls under the exclusive competence of the EU. In addition, political opportunities for civil society actors are ‘closed’ in that negotiations are kept ‘secret’ and discussed mainly within the European Council, and it is difficult to mobilise a large public on such a technical issue. So why and how has this movement become ‘Europeanised’? This comparative study tests the Europeanisation hypothesis with a protest event analysis on anti‐TTIP mobilisation in six European countries (Italy, Spain, France, the United Kingdom, Germany and Austria) at the EU level in the period 2014–2016 (for a total of 784 events) and uses semi‐structured interviews in Brussels with key representatives of the movement and policy makers. The findings show that there is strong adaptation of social movements to multilevel governance – with the growing presence of not only purely European actors, but also European targets, mobilisations and transnational movement networks – with a ‘differential Europeanisation’. Not only do the paths of Europeanisation vary from country to country (and type of actor), but they are also influenced by the interplay between the political opportunities at the EU and domestic levels.     

The birth,life, and death of policy instruments: 35 years of EU gender equality policy programmes

Policy instruments research is an essential part of studying European Union governance. A growing interest in processes of (de-)legalisation and patterns of instrument choice requires a more process- and context-oriented analysis of the EU’s instrument selection. Using a political sociology approach, the article analyses patterns of instrument choice in soft law policy programmes, by examining the life cycle of EU gender equality policy programmes from 1982 to the present day. Gender equality policy programmes offer an in-depth understanding of how the Commission upgrades and downgrades policy instruments. The analysis indicates that patterns of policy instrument choice are not necessarily inflexible once a policy instrument is selected. Instead, patterns vary while the instrument is (de-)legalised. Investigating gender equality policy programmes provides explanations for the shifts in the use of legislative instruments and their limitations.     

The use of EU soft law by national courts and bureaucrats: how relation to hard law and policy maturity matter

Abstract

Soft law instruments account for a sizable share of EU legal acts, with growing importance over time. Yet, while the implementation of hard EU law has been widely studied, little is known about the use of EU soft law at the national level. In the article, it is firstly argued that the type of soft law instrument will affect national usage. Administrators and judges may welcome interpretative guidelines to complicated pieces of legislation, while more open-ended instruments may be ignored. It is further argued that the maturity of the policy field matters. National actors in mature policy fields will be routinely exposed to EU rules and they are socialized into responding to impulses from Brussels. The article probes the plausibility of these expectations in case studies on the use of EU soft law instruments by German administrations and courts in four policy fields: financial market regulation, competition, environmental protection and social policy.     

Economic Actors' Political Activity in 'Overlap Issues': Privatisation and EU State Aid Control

This article considers the political activity of economic actors in what we refer to as 'overlap issues'. The cases examined here are the domestic level privatisation policy-making processes in Spain, France and Ireland, and the subsequent European Commission decisions on state aids given during the sales. Although the influence of economic actors is crucial in understanding the domestic-level privatisation aid negotiations, such actors' participation is absent in the supranational decision-making process. In order to explain this limited political activity of firms at the EU level, attention is focused on both the role of the member states and the paradoxes in EU policies that simultaneously guide and constrain the Commission from making a decision against capital.     

European Defence Agency: A Flashpoint of Institutional Logics

The European Defence Agency (EDA) works in a policy area traditionally characterised by high diversity among actors regarding basic notions of what level of integration and which principles of interaction in the defence sector are appropriate for the EU, which countries should participate in defence cooperation, and what coordination mechanisms and instruments should be used. In all these dimensions, the EDA has been a flashpoint of institutional logics representing different visions of how various aspects of defence integration in the EU should be organised. There are tensions between the logic of supranational regulation and the logic of intergovernmental networking; between the logic of defence sovereignty and the logic of pooled defence resources; between the Europeanist and the Euro-Atlanticist logic; and finally between the logics of liberalisation and Europeanisation of the defence market. Studying the ways in which the collisions of institutional logics are being accommodated by the EDA can contribute to greater understanding of the emerging political order of European defence.     

Representing the compromise: How institutions serve government support coalitions in European Union policy making

This article presents an original model of policy making by multiparty coalitions at the international level. Specifically, it analyses how domestic institutions serve parties in enforcing policy compromises onto national ministers negotiating legislation in the European Union (EU). In contrast to existing research on coalition politics, the model accounts for the benefits of not only legislative but also executive institutions and incorporates opposition parties as pivotal actors under minority governments. Ministers propose policy positions at the EU level that represent domestic coalition compromises when cabinet participation, executive coordination and parliamentary oversight of EU affairs make it cheap for coalition partners to challenge the minister's position and when ideological divisiveness increases the incentive to do so. Statistical analyses of 1,694 policy positions taken by ministers from 22 member states in the Council of the EU provide strong empirical evidence for the model. The results support the claim of executive dominance in EU policy making but also highlight that, where institutions are strong, ministers represent domestic coalition compromises rather than their own positions.     

The Greens in Brussels: Shaping or shaped?

Abstract.  The challenge for contemporary Green parties in government is to demonstrate both that they have not been completely de-radicalised, and that their presence in government can make a difference. Green party involvement in the European Union (EU) adds distinctive elements to this challenge. Does engagement in supranational decision making provide new opportunities for Green parties to exercise influence beyond borders? Or does it simply further exacerbate de-radicalisation tendencies? Focusing on the German and Finnish Green parties, this article explores the 'European dimension' of Green parties' governmental incumbency. Three sets of literature (Europeanisation, party change and EU policy making) are used to derive and test several hypotheses related to the impact of EU involvement on Green parties, and the impact of Green parties on EU policy making. It is argued that EU governmental engagement has accelerated Green party de-radicalisation both organisationally and programmatically, but the dynamics of this process are complex and surprisingly interactive as Greens also attempt to exercise influence over EU policy. The findings are relevant not just for those studying Green parties, but for those exploring wider questions of Europeanisation, party change and EU policy making.     

Developing Conceptualisations of Europeanisation: A Study of Financial Services

In its most explicit form Europeanisation is conceptualised as the process of downloading European Union (EU) directives, regulations and institutional structures to the domestic level. However, this conceptualisation of Europeanisation has been extended in the literature in terms of up-loading to the EU shared beliefs, informal and formal rules, discourse, identities and vertical and horizontal policy transfer. This article undertakes a study of banking, investment and insurance directives to analyse the impact of Europeanisation on the UK financial services sector.     

The Europeanisation of national party organisations: A conceptual analysis

Abstract.  The likely effects of the ongoing process of European integration on the internal workings of national political parties have hitherto attracted surprisingly little attention in comparative research. This conceptual article discusses how the increasing relevance of European-level decision making may have changed the balance of power within national political parties. It identifies two groups of party actors who are most likely to benefit from the process of Europeanisation of national political parties. First, the 'executive bias' of European Union (EU) decision making is likely to work in favour of party elites in general. However, while they may gain power in intra-party decision making, their control over the national policy agenda is likely to become increasingly eroded through a general shift of policy control to the European level. Second, EU specialists (i.e., those who specialise in EU affairs) are likely to have more access to resources and more control over policy decisions within national parties because of the growing importance of European integration. These propositions are discussed in detail and are then assessed with reference to the main findings from a major empirical study of the topic.     

Industrialists and farmers: British interests and the European community

The ‘Europeanisation’ of domestic public policies has been among the key themes in recent reforms in EU member states. This article employs the analytical concept of ‘isomorphism’ to come to a better understanding of ‘Europeanisation’. Various mechanisms which might lead to isomorphic change are being identified and applied to the reforms in German competition and public procurement law. The application of the isomorphism framework suggests that ‘Europeanisation’ has multiple sources and cannot be understood as a uniform process nor as leading to uniform outcomes.     

The Power of the Purse: Supranational Entrepreneurship,Financial Incentives,and European Higher Education Policy

This article shows how the European Commission cultivates policy shifts toward a particular idea of a common European Higher Education Area by using its considerable financial leverage. By making European Union (EU) funding dependent on grant recipients meeting certain strategically selected conditions, the Commission creates new incentive structures for domestic actors, in this case higher education institutions (HEIs), with two important consequences. First, the Commission turns universities into agents for its policies: Universities lobby governments to pass legislation, which would allow them to conform to Commission requirements. Second, HEIs try to comply with the Commission's requirements even in the absence of compatible national frameworks, thereby leapfrogging policy decisions on the national level. Describing this as a “soft” mechanism for achieving convergence, as Open Method of Coordination accounts posit, overlooks the fundamentally non‐negotiable nature of the process from the participants' perspective and considerably underestimates the Commission's real influence. We examine this argument through a case study of an EU‐funded higher education program, Erasmus Mundus.     

Europeanisation with Many Unknowns: National Company Law Reforms after Centros

Negative integration through the expansive interpretation of European market freedoms is said to undermine domestic social regulation – by vertically imposing a strictly liberal interpretation of EU rules and by pushing EU member states into horizontal regulatory competition. This article analyses domestic policy responses to one particularly prominent instance of negative integration: the CJEU’s case law on the freedom of establishment since its first landmark ruling on Centros in 1999. The analysis shows that national company laws have only converged downwards in one particular subfield – minimum capital requirements – but they remain strikingly diverse across, and increasingly within, member states on most other issues, such as workers’ codetermination rights. Legal uncertainty about the Court’s case law, the mixed economic incentives it provides for firms and political disagreement about appropriate policy responses leave considerable space for differential Europeanisation. The crisis adds to these uncertainties and thus reinforces the trend towards differentiation rather than convergence.     

Judicial Europeanisation: The Case of Zambrano in Ireland

The Court of Justice of the European Union is an important motor of integration and is said to be particularly strong in those cases where the Council shows an inability to act. What is the relevance of the Court to social Europe? Europeanisation studies analyse how member states change due to European integration. Judicial Europeanisation is a topic that is under-explored in the literature. Using a case-study approach, this paper analyses the Zambrano case, one of the most notable recent cases of judicial activism of the CJEU with regard to EU citizenship rights. Although the literature often assumes that member states only reluctantly embrace the requirements of case law, the Irish government immediately obliged its administration to implement the required changes. Analysing this case in greater detail and comparing it to the responses of several other member states promises to shed some light on the under-explored question of how Europeanisation through case law proceeds, and what the Court may contribute to social Europe.     

The Impact of the European Union on Coalition Formation in a Minority System: The Case of Denmark

Does European Union membership influence coalition patterns in national parliaments? For governments in the Scandinavian countries – with their relatively high share of minority governments requiring external parliamentary support to form parliamentary majorities – the question of ‘coalition management’ is highly relevant. This article provides an empirical test of three central arguments in the Europeanisation literature on the impact of EU membership on national parliaments when political parties pass legislation in the Danish Folketing. The effect of EU content in a law on coalition patterns is compared across policy areas and four electoral periods from 1998 to 2011 encompassing 2,894 laws. The data provide support for the argument that the loss of national agenda‐setting over the legislative process has an impact on coalition patterns in the Danish parliament. It is shown that the coalition patterns on Europeanised legislation are both broader and more stable compared to national, non‐EU‐related legislation. The focus on Europeanisation of legislative coalitions goes beyond previous analysis with an institutional focus, and demonstrates an example of how the EU systematically has an effect on legislative coalition formation in a national parliamentary system.     

How to Measure the Europeanisation of a National Legislature?

While there is no shortage of research on national parliaments and European integration, empirical studies on the impact of EU on domestic legislatures are lacking. This article contributes to the literature by discussing the challenges involved in measuring the Europeanisation of national parliaments and through suggesting several hypotheses and indicators – EU-related national laws, the use of control instruments (confidence votes and parliamentary questions) in EU matters, and the share of committee, plenary and party group meeting time spent on European matters – that can be used in subsequent comparative research. Evidence from Finland shows the differentiated impact of Europe: while the share of domestic laws related to EU is smaller than often argued, particularly committees are burdened to a much larger extent by European matters.     

The Europeanisation of Research and Higher Educational Policies: Some Reflections

This paper poses the following question: To what extent do European Union (EU) policies affect national policies? In essence this paper studies the Europeanisation of policy in the field of research and higher education (R&E). The field of R&E is largely neglected in the literature on European integration and Europeanisation. I argue that processes of Europeanisation of R&E mirror two interrelated processes: both the emergence of supranational policies at the EU level and national convergence towards these policies. The empirical scope of the paper is the relationship between the EU’s R&E policies and the corresponding Norwegian policies. Our empirical observations based on documentary data and existing bodies of literature reveal that the emergence of creeping supranational policies of R&E at the EU level has accompanied moderate convergence of Norwegian R&E policies. This moderate level of convergence, I argue, reflects a mix of moderate institutionalised linkages between Norwegian ministries and agencies and the EU, moderate adaptational pressures towards Norwegian R&E policies from the EU, and institutional path dependencies in Norwegian R&E policies.     

Who inhabits the European public sphere? Winners and losers, supporters and opponents in Europeanised political debates

Abstract.  European integration shifts the distribution of political opportunities to influence public debates, improving the relative influence of some collective actors, and weakening that of others. This article investigates which actors profit from and which actors stand to lose from the Europeanisation of political communication in mass-mediated public spheres. Furthermore, it asks to what extent these effects of Europeanisation can help one to understand collective actors' evaluation of European institutions and the integration process. Data is analysed on some 20,000 political claims by a variety of collective actors, drawn from 28 newspapers in seven European countries in the period 1990–2002, across seven different issue fields with varying degrees of EU policy-making power. The results show that government and executive actors are by far the most important beneficiaries of the Europeanisation of public debates compared to legislative and party actors, and even more so compared to civil society actors, who are extremely weakly represented in Europeanised public debates. The stronger is the type of Europeanisation that is considered, the stronger are these biases. For most actors, a close correspondence is found between how Europeanisation affects their influence in the public debate, on the one hand, and their public support for, or opposition to, European institutions and the integration process, on the other.     

Governing Standards: The Rise of Standardization Processes in France and in the EU

The rise of standardization processes highlights two different paths toward a regulatory state. Within the EU, the New Approach serves as a model for co‐regulation, and European standards have become instruments of supranational governance. In France, standardization is much more part of a renegotiation of the state’s role and influence in a changing society. In both cases, standardization was undertaken with other motives; yet it evolved to answer the strains and constraints exerted upon regulatory processes in the two polities. As such, standards are a case for unintentionality in policy instruments.     

Instrumental political support: bringing policy preferences back into explanations of EU support

There is a joint development towards Europeanisation of public policies and an increasing visibility and politicisation of European issues in EU member states. In this context, the degree of fit between individuals’ policy preferences and European norms could be expected to influence support for the EU: this support might increase when Europeanisation makes the desired policies more likely, and decrease when it hinders these policies. Multilevel analyses of the 2014 wave of the European Election Study confirms the existence of such instrumental support for the EU. The findings demonstrate that this support is shaped by policy preferences on state intervention, immigration, moral issues and environmental protection. The results also show that the impact of these policy preferences is modulated by the level of integration of the designated policy, by the weight of the policy issue in the country and, in some cases, by the level of individual political knowledge.