Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

Using Data Combination of Fundamental Variable-Based Forecasts and Poll-Based Forecasts to Predict the 2013 German Election

In this paper I present an election forecasting approach to predict the vote share of the governing coalition in German national elections. The model is composed of two independent prediction components: the first is based on poll data, the second on fundamental variables. Both approaches have their advantages and disadvantages when used in isolation. The basic idea is to use both and find a better informed overall forecast. The predictions are combined using a shrinkage estimator, where the predictions are weighted by their respective prediction uncertainty. The uncertainty of the poll prediction is modelled time-dependent. The result is a dynamic model allowing for predictions longer before the elections highly relying on fundamental variables. With the elections coming closer predictions rely more and more on the polling data.     

Rethinking the Tunisian miracle: a party politics view

Five years on from the Tunisian revolution, Tunisia stands as the sole success story of the Arab Spring. The country since then has managed to adopt a pluralist and democratic constitution, and held three free and fair elections. Accordingly, in the eyes of several observers, Tunisia is now in the process of consolidating its new democracy. However, the reality on the ground seems much gloomier, as most recent opinion surveys suggest that there is a significant degree of dissatisfaction, not only with political parties and Parliament but also with the very institution of democracy. Nevertheless, what accounts for this change? After the collapse of the long-lasting and oppressive Ben Ali regime, how, just in five years, has Tunisians’ confidence in the democratic process changed? This article accounts for this state of affairs from a party politics view, arguing that political parties, which are the main protagonists of the consolidation process, fail to fulfill their role of acquiring legitimacy for the new regime. While party–state relations seem to be stabilized due to the inclusiveness of the constitution-making process, both inter-party relationships and the relationship between parties and society suffer from numerous flaws which, in turn, hamper the democratic consolidation process.     

The Japan-EU Economic Partnership Agreement—economic potentials and policy perspectives

After more than 4 years of negotiations, Japan and the EU have reached an agreement for bilateral free trade. The intended liberalization of trade in goods, agriculture, and services would create the world’s largest free trade area. Japan and Europe are sending a strong signal against protectionism and in favor of free trade and modernizing global trade rules. While free trade in the transatlantic and the transpacific context will remain an illusion for some time to come, the Japan-EU Economic Partnership Agreement (JEEPA) is a realistic option for trade partners at the western and eastern side of the Eurasian continent. The expected overall positive effects of JEEPA should not obscure the limitations and risks of the intended trade integration. There will be economic losers of the agreement both in Europe and in Japan. There is plenty of fuel for political and social conflict. And in light of the many informal barriers, market access to Japan will remain extremely difficult for European companies. Beyond trade policy, JEEPA has a political dimension, too. It shows the political will to counteract economic disintegration and the loss of political substance in the bilateral relationship. The aim is to intensify cooperation, which would benefit both sides economically and politically.     

Revisiting the Feminist Debates on International Labor Standards in the Aftermath of Rana Plaza

This paper revisits the turn of the millennium feminist debates on international labor standards in the aftermath of the Rana Plaza factory collapse of 2013 that killed over 1100 garment workers in Bangladesh. Feminists were divided over the benefits of establishing internationally enforced labor standards and, more generally, on the usefulness of transnational activism and union organizing for garment workers. The arguments of some feminist opponents during and in the aftermath of the debate emphasized the relative advantages of garment jobs, dismissed the importance of union rights, and criticized the labor transnationalism. These arguments have left unchallenged the current regulatory regime in Bangladesh by allaying concerns about poor working conditions. Drawing upon new empirical evidence, the paper shows that export growth under the market regulatory regime has failed to improve labor conditions in the sector. The paper makes the case for the continuing relevance of feminist arguments that favor a more proactive stance to make job growth compatible with wage gains and improved labor conditions. As they argued, the scope of the response has to be international, including solidaristic activism supporting local worker organizations, and the use of wage increases to move Bangladesh on a development path toward a higher-productivity, higher-wage economy.