EU politics on labour migration: inclusion versus admission

Two European Union (EU) directives on labour migration were adopted in 2009 and 2011. The EU scheme to attract highly qualified migrants, the so-called ‘Blue Card’ directive of 2009, allows member states broad flexibility in implementation. In contrast, the directive on a single permit for migrant workers and their rights of 2011 is far less flexible. It does significantly reduce the scope for derogations at a national level to a minimum. How can this variance in output be explained? Institutional rules are shown to be a key factor. The involvement of the European Parliament as co-legislator alongside the Council limited member states’ influence on legal outputs. The comparison of policy outputs between the two cases points to differences in actor orientations: rather than seeking to increase labour migration into the EU by defining expansive admission conditions, the common EU policy seeks to include migrant workers by defining their rights.     

Tacit procedural politics: institutional change and member states' strategies in police and judicial cooperation in criminal matters

This article analyses the dynamics of procedural politics in the EU's Police and Judicial Cooperation in Criminal Matters across subsequent Treaty regimes (Amsterdam and Lisbon). In the course of legislative policy-making in this area, member states and the European Commission engage in strategic interactions with respect to procedural rules, whereby specifically member states attempt to contain integrationist legislation coming from the Commission through legislative preemption strategies. Drawing on Joseph Jupille's procedural politics approach, the article hypothesizes that member states' strategies are conditioned by several scope conditions, notably jurisdictional ambiguity, influence difference between different decision-making procedures, and prointegrationist case law from the European Court of Justice. I test these hypotheses by analysing the legislative process on a number of selected cases.     

China’s direct investment in the European Union: a new regulatory challenge?

While China is fast becoming an important outward direct investor, its companies are showing an increasing interest to locate in Europe and the European Union (EU). It has been suggested that this can partly be explained by the more lenient attitude of the European countries compared to the US, where some acquisitions were abandoned when they ran into political opposition based on security concerns. Yet, also in Europe, the media follow rather closely each new Chinese entry, and certain politicians have started to criticise the take-over of technology-oriented companies, especially by Chinese state-owned firms. Against the background of a very open foreign direct investment (FDI) policy as measured by OECD FDI Restrictiveness Index for the EU and the individual countries, an overview is given of the pre- and post-establishment obstacles to direct foreign investment. Also, the EU policy measures that directly or indirectly deal with incoming direct investment are discussed. Within the context of the EU competition policy and the merger regulation, the EU Commission has cleared five cases of take-over by Chinese state-owned enterprises. Although the Lisbon Treaty authorises the EU Commission to take charge of investment policy as part of the EU commercial policy, it will take time to realise this. If the announced negotiations about an investment treaty between China and the EU could work out the necessary balance, it would be an important step in achieving more reciprocity between their respective investment regimes.     

Assessing the High Representative’s Role in Egypt during the Arab Spring

The 2009 Lisbon Treaty institutionalised an intergovernmental constitution for managing policies traditionally a matter of national sovereignty, such as foreign and defence policies. However, important innovations were introduced in the foreign policymaking structure to limit its intergovernmental logic, in particular, with regard to the role of the High Representative (HR). It was generally assumed that those innovations would have made development of a coherent EU foreign policy possible. Yet, in one of the most significant tests for the EU’s foreign and defence policies in the post-Lisbon era, namely the Egyptian crisis (2011-14), those reforms did not work as expected. Notwithstanding the innovations, the HR’s role was diminished by the European Council’s strict control over foreign policy toward Egypt. The lack of clear policy guidelines towards the issue of democratisation in the Arab world in the 2003 European Security Strategy, although partially mitigated by the European Neighbourhood Policy and the Barcelona Process/Union for the Mediterranean, made it even more difficult for the HR to bring a European perspective into the largely intergovernmental setting.     

The Rotating Council Presidency and the New Intergovernmentalism

The Lisbon Treaty fundamentally changed the presidency regime of the European Union at the expense of one of the oldest and most central institutions of European integration: the rotating presidency. The chair positions of the European Council, the Foreign Affairs Council and the Eurogroup have been decoupled from the rotating presidency. Understanding the reduced role of the rotating presidency requires attention for the changing dynamics of EU policymaking, especially for the new intergovernmentalism which implies decision-making outside the classic community method and for the rise of the European Council to the status of a lead institution.     

The High Representative and directoires in European foreign policy: the case of the nuclear negotiations with Iran

ABSTRACT

The negotiations with Iran about its nuclear programme have seen the most protracted involvement of the High Representatives of the European Union in a high-profile policy case. This article traces the evolution of the High Representatives’ participation in the negotiations, from the first contacts with the E3 (Germany, France and the United Kingdom) in 2003 to the adoption of the Joint Comprehensive Plan of Action in 2015. It focuses on the institutional role the High Representatives played in relation with the directoires leading the talks with Iran – first the E3 and, since 2006, E3/EU. In this context, it examines the personal and organisational factors that affected the influence each of the three High Representatives (Javier Solana, Catherine Ashton and Federica Mogherini) had in regard to the directoires. The analysis distinguishes specifically between the phases before and after the 2009 Lisbon Treaty. The article shows how similar personal qualities of the three High Representatives in terms of problem-solving and trust-building gave them political capital that enabled them to adopt a fairly constant role as bridge-builders within the directoires and between the directoires and other actors. The reforms of the Lisbon Treaty had only a minor impact.     

Tempering the EU? NGO advocacy in the Area of Freedom,Security, and Justice

The European Union's (EU) area of Freedom, Security and Justice (AFSJ) portfolio comprises policy areas such as immigration and asylum, and police and judicial cooperation. Steps were taken to bring this field into the mandate of the EU first by the Maastricht Treaty, followed by changes implemented by the Amsterdam and Lisbon Treaties, the last one ‘normalizing’ the EU's erstwhile Third Pillar. As the emergent EU regime continues to consolidate in this field, NGOs of various kinds continue to seek to influence policy-making and implementation, with varying success. This article seeks to establish the context in which NGOs carry out their work and argues that the EU-NGO interface is impacted both by the institutional realities of the European Union and the capacities of EU-oriented NGOs to seize and expand opportunities for access and input into the policy cycle. Using EU instruments representing three different policy bundles in AFSJ (immigration, asylum and judicial cooperation in criminal matters), the article seeks to map out NGO strategies in engaging and oftentimes resisting European Union policy instruments.     

Exporting EU integrated border management beyond EU borders: modernization and institutional transformation in exchange for more mobility?

The external dimension of European Union (EU) border management cooperation has recently been developed, in particular through the promotion of integrated border management (IBM). The European Commission has been keen to foster IBM, an attempt to reach EU standards in the absence of an EU common border service. Integrated border management is regulated under the Treaty of Lisbon, and the Stockholm Programme calls for its further development. This article analyses and compares the policy instruments promoting IBM standards beyond EU borders, namely the European Agency for Operational Cooperation at the External Border of the Member States of the EU (FRONTEX) (with the signature of Working Arrangements with the border services of third countries) and the activity of the EU Border Assistance Mission to the Republic of Moldova and to Ukraine (EUBAM) at the Ukrainian–Moldovan border. Moreover, it provides an empirical account of IBM activity carried out in the Eastern Partnership and Russia, and explains the reasons underlying the lack of IBM promotion in the southern Mediterranean countries.     

Whither the withering democratic deficit? The impact of the Lisbon Treaty on the Area of Freedom,Security and Justice

This article examines how the Lisbon Treaty's changes to the European Union's (EU's) Area of Freedom, Security and Justice (AFSJ) have affected its ‘democratic deficit’. How this issue is perceived depends on one's conceptual understanding of democratic legitimacy. This article reviews key scholarly perspectives on this matter and organizes these according to Schmidt's concepts of ‘inputs’, ‘throughputs’ and ‘outputs’. The article then applies this framework to specific innovations of the Lisbon Treaty, including new roles for the European Parliament and Court of Justice in the AFSJ. The article concludes that the EU's latest treaty has improved its democratic deficit in some regards, but that many issues of democratic legitimacy remain.     

European political parties: A (timidly) rising actor in the EU political system

The Lisbon Treaty sets ambitious goals for the Union in the field of external relations, but makes limited changes in the pursuit of these goals. The role of the High Representative is reinforced and an External Action Service will be set up, but decisions on the common foreign and security policy are still to be taken by consensus. The Representative and the Service will seek to facilitate the emergence of such consensus and to increase the effectiveness of its external implementation. But this can only be a gradual process, the success of which will depend largely upon the continuing political will of the member states.     

Temporary and circular migration in the construction of European migration governance

Increased interest and debate in Europe and at European Union (EU) level about the potential utility of ‘temporary’ and ‘circular’ forms of migration is accompanied by a certain elusiveness about the meaning of these terms. This elusiveness has actually created some opportunities for interactions at EU level to flesh out the meaning of these terms and inform policy development at member state and EU levels. By focusing on information gathering and the role of knowledge, the article develops a practice-based approach to analyse the relationship between research and policy, the role of the Commission and the activities of European Migration Network (EMN) in the quest for the meaning of temporary and circular migration. Information gathering and knowledge creation at EU level are shown to serve instrumental purposes by informing policy choices (‘evidence-based policymaking’) but it is also shown that existing policy choices cast a long shadow, shaping the context within which knowledge is developed (policy-based evidence-making), while information gathering and knowledge development can legitimate institutional roles, such as the Commission (policy-based institution-building).     

2010年的欧盟建设

2010年欧盟建设在实施<里斯本条约>、制定<欧洲2020战略>、推进共同外交方面均取得重要进展.但在新形势下,欧盟建设仍面临棘手难题与阻力,特别是伴随着金融危机接踵而来的主权债务危机对其造成严重冲击,促使欧盟进行深刻反思,并妥谋应对之策.未来欧盟一体化建设仍是不平坦的,但排难前进依然是其发展的主流.     

Framing the EU’s policy towards the neighbourhood: the strategic approach of the Seventh European Parliament (2009–2014)*

The Lisbon treaty afforded the European Parliament (EP) increased powers in foreign policy. These have included new legislative competences in the area of international agreements or the European Union’s (EU) relations with third party states. This article analyses the way the last mandate of the EP, which was the first to benefit from the changes introduced by the Lisbon treaty, framed EU foreign policy. More specifically, it explores the way in which the EP strategically framed the EU’s approach towards the neighbourhood countries. The focus on the neighbourhood is justified by the fact that it is the most salient area of the EU’s foreign policy. The article shows that the EP pushed for the EU to have a stronger presence in the neighbourhood. The EP also strategically aimed that it should have a more central role in shaping the EU’s approach towards the neighbourhood.     

Open method of coordination and the gloomy future of social Europe

This article addresses an important topic of European public policy: the project of Social Europe within the overall Lisbon Strategy and its related policy instrument, the Open Method of Coordination (OMC). Through the theoretical lens of the Garbage Can Model in organisational theory, the article seeks to show how, in the context of tremendous socio-economic challenges, European leaders adopted the OMC largely to strike a political compromise rather than for effective problem solving. Because of its inherent weakness, together with both internal and external challenges, the OMC is deemed too difficult to serve as an effective instrument. This has largely been confirmed by the disappointing performance over the 10 years since the Lisbon Agenda. Thus, although the OMC may be praised for its value in experimental governance, the prospects for the Social Europe project over the next decade remain uncertain.     

Police,policy and politics in Brussels: scenarios for the shift from sovereignty to solidarity

This article analyses the evolution of European Union (EU) police cooperation on the basis of structural processes in the form of agencification, regulation and standardization, as well as substantive processes in the form of information-sharing and multi-disciplinary cooperation. The Lisbon Treaty holds some key conditions for further integration. The level of integration of police cooperation in the EU is measured by analysing institutional power, the regulatory framework and transnational professionalism. Despite a positive score on each of these levels, member states remain caught between national sovereignty and solidarity. As a consequence, they face an implementation gap and have not embedded European police cooperation in their domestic systems. Building on the pro-integrative moves that have been introduced by virtue of the Lisbon Treaty, improved governance and deeper integration can be achieved by means of more active parliamentary involvement, independent police oversight (both at European and at the national level), the mainstreaming of cooperation mechanisms and a systematic Europe-wide cultivation of police professionalism. Within the realm of internal security cooperation in the EU, a concerted effort is required which demands close consultation between relevant institutional actors and the professional actors in the member states.     

The European Union’s common foreign and security policy reforms and its implications for Northeast Asia

The European Union (EU) is at a turning point. With the bipolar order of the Cold War fast becoming a distant memory, the European Union must quickly establish itself on the global stage before it loses the opportunity to do so. With Northeast Asia fast emerging as a new economic giant and political center for world affairs, the EU must reform its Common Foreign and Security Policy in order to develop a reputation and image as a global actor of soft power, based on its long-standing values and peaceful diplomacy. However, despite major reforms in the Lisbon Treaty (2009), the EU has not been able to form cohesion amongst its members, thus hindering its progress in achieving such international recognition. This paper therefore analyses the reforms taken place so far and suggests further reforms that will build a strong foundation for a united and cohesive foreign policy. It will then look at how the reformed framework will allow the EU to establish itself as a global actor in political affairs, in particular in Northeast Asia.     

Supporters’ responses to contested trade negotiations: the European Commission’s rhetoric on the Transatlantic Trade and Investment Partnership*

Abstract

Negotiations on the Transatlantic Trade and Investment Partnership (TTIP) commenced in 2013, and soon became the most controversial bilateral trade agreement negotiations ever attempted by the European Union (EU). When trying to understand the escalating debate over the proposed agreement, most analyses have highlighted opposition to the deal, especially from civil society organizations. However, a full understanding of the debate surrounding TTIP requires analysis of supporters’ responses, as these changed in response to strategies used by opponents of the agreement. This article uses a novel approach in trade policy scholarship—rhetorical analysis—to focus on the European Commission Trade Directorate’s response to contestation over TTIP. Drawing on work on the ‘rhetoric of reaction’, this article identifies the rhetorical strategies used by EU trade commissioners from 2013 to 2016. It outlines the evolution of the rhetoric and accompanying changes in process and policy, providing insights on the impact of TTIP politicization on the guiding principles of the EU’s trade policy.     

The EU's security and defense policy (ESDP) and the challenges of civil–military coordination (CMCO): the case of the Democratic Republic of Congo (DRC)

Abstract

The article assesses the role of the EU in the Democratic Republic of Congo (DRC) and the ability of the EU to coordinate its different means and instruments with regard to the relationship between the European Commission and the Council. The article focuses on what is referred to as civil–military coordination (CMCO) in internal EU documents. The aim is to compare the four ESDP missions in DRC since 2003 with special regard to CMCO since the aim of the EU as a comprehensive security actor is to avoid artificial distinctions between military and civilian missions. Hence, the distinctiveness of ESDP derives precisely from its civil–military synergies, and a comparative perspective on CMCO could tell us more about how the EU has developed so as to become a comprehensive security actor in a country which is of importance for EU interests. The final part of the article assesses the impact on CMCO of the newly implemented Lisbon Treaty. A suitable institutional framework as devised for in the Treaty is essential so as to shape a framework that creates a timely as well as a comprehensive response to crises.     

From colonial power to human rights promoter: on the legal regulation of the European Union's relations with the developing countries

Half a century ago, at the inception of what today has become the European Union (EU), several EU member states held colonies around the world. Today most of these colonies have become independent states, but many continue to have close links with Europe. This article analyses the development of the legal regulation of these links from the signing of the Treaty of Rome in 1957 until the entry into force of the Lisbon Treaty in late 2009. Based on this analysis the article goes on to discuss whether the proposition that the EU has developed into a normative power is supported by the legal analysis. It is concluded that the legal analysis lends strong support to the view that the EU seeks to be a normative power vis-à-vis the developing countries.     

EU police and judicial cooperation before the Treaty of Lisbon: strengthening of the weakest link?

Abstract

Three key questions arise from the encroachment of the European Union (EU) on national prerogatives in the administration of justice: What factors contribute to the weakest link collective action problem attending police and judicial cooperation within the EU? What were the substantive and institutional goals of the EU in this policy domain? What accounts for the rising level of police and judicial cooperation despite the persistence of barriers to cooperation and incentives to defect? This article first establishes the fundamental incentives and obstacles to cooperation in matters of transnational security threats in post-Westphalian Europe. It then proceeds to explore the evolution of police and judicial cooperation in Justice and Home Affairs between 1999 and 2009, to assess national contributions to police and judicial cooperation, and to consider the potential impact that the changes introduced by the Lisbon Treaty, Stockholm Programme and European Investigation Order. A final question is considered in the conclusion: Did the level and extent of police and judicial cooperation that emerged between 1999 and 2009 give rise to a community of practice that in turn fostered a nascent community of identity resilient enough to mitigate the weakest link technology of public goods production endemic to this policy domain?