The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime

The European Union Qualification Directive is the first supranationalinstrument to seek to harmonize complementary protection (termed‘subsidiary protection’ in the EU). Though it hasshifted complementary protection beyond the realm of ad hocdomestic practices to a codified regime, it entrenches a protectionhierarchy that unjustifiably differentiates between the rightsand status accorded to Convention refugees vis-à-visbeneficiaries of subsidiary protection. This article tracesthe development of the Qualification Directive by examiningpreparatory documents and drafting records. It discusses changesto the categories of persons granted subsidiary protection aswell as to the substantive rights attaching to that status.In particular, it criticizes the narrowing-down of originally-proposedcategories of persons eligible for subsidiary protection, arguingthat omitting to provide for known groups of extra-Conventionrefugees does not eliminate them, but simply creates new categoriesof unprotected persons. It also highlights the absence of anyinternational legal basis on which to base distinctions betweenthe rights granted to Convention refugees vis-à-vis beneficiariesof subsidiary protection. It concludes that the QualificationDirective represents a regional, political manifestation ofthe broader legal concept of complementary protection, and assuch does not provide a model for emulation at the internationallevel.     

Evaluating the best value framework in UK local government services

The aim of this article is to conduct an exploratory multiple case analysis of local government delivery of Best Value by focusing on Environmental Waste Management Service (EWMS) delivery. EWMS is chosen as a key area of Best Value development and application. The Best Value framework was developed by the UK Government to introduce performance management to local government as part of the ‘Modernising Government’ agenda. There is a need to critically evaluate Best Value so that local government can determine if this is a suitable and sustainable framework for the management of public services and that it can make a contribution to increased public service effectiveness. The article describes an exploratory multiple case research study and shows that the imposition of Best Value in local government must recognise the complexity and diversity within local government services, rather than adopting an inflexible approach to deployment. There is a need to go beyond generalised performance measures and benchmarks and to attempt to understand the difficulties and complexities of localised conditions. Copyright © 2003 John Wiley & Sons, Ltd.     

Social movements and the changing structure of political opportunity in the European union 1

To the extent that European integration results in the decline in the importance of the nation‐state as the exclusive seat of formal political power, we can expect attendant changes in those forms of interest aggregation and articulation historically linked to the state. This article suggests that a polity characterised by multi‐level governance is emerging in Europe and that this poses a set of new constraints and opportunities for groups that wish to influence political decisions. We argue that group strategy in response to this is a function of: (1) the structure of political opportunities facing a group in the EU; and (2) inherited institutions and ideologies that constrain the capacity of a group to exploit those opportunities. We use this framework to analyse the effect of European integration on four groups: the labour movement, regional movements, the environmental movement and the anti‐nuclear movement.