The Contingent Diffusion of Parliamentary Oversight Institutions in the European Union

What explains the variation in institutional adaptation of national parliaments to European integration? Whereas the existing literature has mainly focused on domestic conditions, this article explains institutional adaptation to integration by focusing on inter‐parliamentary diffusion. The argument draws on ‘learning’ mechanisms of diffusion on the demand side and on ‘emulation’ mechanisms on the supply side. Parliamentary demand for external inspiration is related to uncertainty about functional oversight institutions, and the selection of sources to perceptions of similarity and success. Demand arises in new European Union member parliaments and young democracies that then turn towards culturally alike countries and old democracies. Using spatial econometrics, support is demonstrated for the argument in the article while ruling out alternative diffusion mechanisms such as spatial proximity and learning from Scandinavian frontrunners once links along cultural similarity and democratic experience are controlled for. The results underline the limits of the ‘isolated polity’ approach in the comparative study of institutions in Europe's closely integrated political system, while also showing that, even in this favourable environment, diffusion pathways are contingent on the mechanisms generating demand among policy makers and shaping their selection of sources for external information.     

Less Government, More Secrecy: Reinvention and the Weakening of Freedom of Information Law

Many critics have suggested that worldwide efforts to reinvent government could also weaken democratic control over public institutions, but few have considered how attempts to implement the "new paradigm" in public management might affect a widely used instrument for promoting accountability: freedom of information law (FOI). FOI laws give citizens and nongovernmental organizations the right of access to government information. However, recent Canadian experience shows that reinvention can weaken FOI laws in three ways. First, attempts to reduce "nonessential" spending may cause delays in handling FOI requests and weaken mechanisms for ensuring compliance. Second, governmental functions may be transferred to private contractors and not-for-profit organizations that are not required to comply with FOI laws. Third, governments' attempts to sell information and increase FOI fees may create new economic barriers to openness. Thus, restructuring provides an opportunity for political executives, public servants, and some well-organized business interests to weaken oversight mechanisms and increase their own autonomy within the policy process.     

Digital Privacy and Article 12 of the Universal Declaration of Human Rights

This article considers the impact of digital technologies on privacy and, specifically, the issues arising from metadata. It takes the 2016 Investigatory Powers Act as an exemplar and argues, by reference to European case law, that while data arising from new technologies undoubtedly fall within the scope of privacy protections, there are questions as to the level of protection awarded. Questions arise from how the nature and intensity of intrusion is understood against a backdrop of ‘dataveillance’, as well as the underlying issue of whether ex post controls—through oversight mechanisms—are sufficient to safeguard privacy.     

Conclusion: Towards a Model of (European) Referendums

This conclusion evaluates the causal models set out in the introduction to this collection and considers whether, in the light of the 2003 accession referendums, they require modification. On the basis of this examination we argue that the results of EU accession referendums appear to demonstrate that the key factors determining the results are the consequences of: (a) underlying mass attitudes in combination with (b) cues provided by elites. The variance in the levels of turnout in the EU accession referendums appears to be predominantly the consequence of: (a) the general levels of electoral turnout specific to countries in combination with (b) the level of contestation of the European issue. Consideration is then given to the generalisability of the models to other referendums, on both European and non-European issues. Finally, we look ahead to whether these countries are likely to repeat the experience of direct democracy when determining their attitudes towards other European issues.     

Terrorist attacks and Europeans’ attitudes towards immigrants: An experimental approach

Over the past several years an increasing number of terrorist attacks committed in the name of Islam and targeting civilians have taken place in many Western democracies, calling for more research on the impact of these exogenous events on citizens’ attitudes towards immigrants. Using a quasi-experimental design, this study examines the short-term effect of the Paris attacks of the night of 13 November 2015 on the attitudes towards European Union (EU) and non-EU immigrants across 28 EU countries. Employing Eurobarometer 84.3 survey data collected in 28 European countries between 7 and 17 November 2015, the design allows the testing of individual attitudes before and after the Paris attacks and the spillover effects of this event in all European countries. It is found that the Paris attacks had a significant negative effect on attitudes towards immigrants, especially among educated and left-wing individuals. Moreover, the negative effect was stronger in countries where the national political-ideological climate was more positive towards immigrants. These findings are explained by theorising that first emotional reactions to the attack are the results of coping mechanisms whereby individuals are confronted with disconfirmation/confirmation of their previous beliefs: individuals who experience stronger stereotype disconfirmation are the most negatively affected by the terrorist attack. Overall, the study holds important implications for understanding the short-term impact of terrorist attacks on public attitudes towards immigrants.     

Explaining right‐wing terrorism and violence in Western Europe: Grievances,opportunities and polarisation

What explains cross‐national variation of right‐wing terrorism and violence (RTV)? This question remains largely unanswered in existing research on the extreme right because (1) events data suitable for cross‐national comparisons have been lacking, and (2) existing analyses fail to capture RTV's causal complexity, which involve multiple causal paths (equifinality) comprising causal conditions that become sufficient for the outcome only in combination (conjunctural causation). To help fill these gaps, this article uses new events data in a qualitative comparative analysis (QCA) research design, aiming to explain variation in the extent of RTV in 18 West European countries between 1990 and 2015. In doing so, the article identifies two ‘causal recipes’ that consistently distinguish countries with extensive RTV experience from those with low or moderate RTV experience. The first (North European) recipe involves the combination of high immigration, low electoral support for anti‐immigration (radical right) parties, and extensive public repression of radical right actors and opinions. The second (South European) recipe involves the combination of socioeconomic hardship, authoritarian legacies, and extensive left‐wing terrorism and militancy. Notably, both recipes contain elements of ‘grievances’ and ‘opportunities’, suggesting that these two theories, which are conventionally seen as contrasting, may be more fruitfully seen as complementary. Furthermore, a highly polarised conflict between far right activists and their enemies represents a third necessary condition for extensive RTV to occur. The article concludes by highlighting the paradox that countermeasures intended to constrain radical right politics appear to fuel extreme right violence, while countermeasures that may constrain extreme right violence would imply an advancement of radical right politics.     

Measuring portfolio salience in Eastern European parliamentary democracies

Abstract.  This article presents the results of an expert survey of 14 Eastern European countries on the subject of portfolio salience. Respondents provided ratings of the relative value of all ministerial portfolios in these countries over the years 1990–2002. The ratings are unique in the study of Eastern Europe and appear to possess the characteristics of comprehensiveness and reliability. Comparing the results with a similar survey of Western Europe indicates that individual portfolios are rated nearly identically in both regions. Some significant differences, however, emerge when we look separately at more advanced and less advanced Eastern European countries. Various suggestions are made for how scholars can use these new data in future work.     

Experimentalist interactions: Joining up the transnational timber legality regime

This paper analyzes the interactions between the separate components of the emerging transnational timber legality regime, both public and private. It examines how far, and through what institutional mechanisms, these interactions are producing a joined-up transnational regime, based on a shared normative commitment to combat illegal logging and cooperative efforts to implement and enforce it. The paper argues that the experimentalist architecture of the EU FLEGT initiative has fostered productive, mutually reinforcing interactions both with public timber legality regulation in other consumer countries and with private certification schemes. But this emerging regime remains highly polyarchic, with broad scope for autonomous initiatives by NGOs and private service providers, along with national governments, international organizations, and multi-donor partnerships. Hence horizontal integration and coordination within it depend on a series of institutional mechanisms, some of which are distinctively experimentalist, while others can also be found in more conventional regimes. These mechanisms include cross-referencing and reciprocal endorsement of rules and standards; recursive learning through information pooling and peer review of implementation experience; public oversight and joint assessment of private certification and legality verification schemes; and the “penalty default” effect of public legality regulation in consumer countries, which have pushed both exporting countries and transnational firms to comply with the norms and procedures of the emerging transnational regime. The paper's findings thus provide robust new evidence for the claim advanced in previous work that a joined-up transnational regime can be assembled piece by piece under polyarchic conditions through coordinated learning from decentralized experimentation, without a hegemonic power to impose common global rules.     

Institutional change in parliament through cross-border partisan emulation

Institutional responses of parliaments to international developments are widely regarded as efficient changes because they tend to be unaffected by partisan preferences and benefit all members of parliament equally. This article challenges that common notion by providing evidence that the institutional responses of national parliaments to European integration are in large part the result of international partisan emulation. Spatial regression analyses robustly show that parliamentary EU oversight institutions diffuse across member states whose majority parties have similar constitutional preferences. A parliament is more likely to emulate the EU oversight institution of another parliament if their majority parties have similar ideas about the territorial distribution of power and institutional framework for policy making. This result has important implications for our understanding of institutional change in parliament. Responses of parliaments to external developments may appear non-partisan at first sight but unfold partisan characteristics if one looks beyond the domestic level.     

Losing out on substance but winning procedurally? The European Parliament and accountability in crisis legislation

Recent studies have found that the European Parliament (EP) had limited substantive influence on the European Union’s response to the European debt crisis. It has been argued that Parliament compensated this loss by expanding its oversight powers over executive bodies in the implementation of crisis legislation. This article systematically assesses the conditions under which the EP has been successful in increasing its account-holding powers, using new data on the accountability provisions included in economic and financial legislation put forward between 2009 and 2014. It is found that Parliament has indeed been more likely to gain oversight powers in crisis legislation. Levels of accountability are also higher in package deals and more salient legislation. The findings here provide a more nuanced picture of Parliament’s inter-institutional gains and losses in recent years and give more insight into the EP’s account-holding role.     

The European Union and Greece: Political Acceptability and Financial Transfers

In this paper a conceptual model is developed that relates loyalty to a community of countries to the material benefits derived from it, measured by the transfer of extra income. We argue that the extent of a country's welfare, and consequently its acceptance to participate in a community increase together with the latter's scope for influence on the former. We use the paradigm of Greece, which is one of the main recipient countries in the EU. It was found that financial transfers concerning regional policy affect in the long-run 'the acceptance of European integration' by the public in Greece while social policy funds appear to have short-run positive effects on public opinion.     

Improving the democratic accountability of EU intelligence

The 9/11 attack and the ‘war on terrorism’ have been followed by a discussion on intelligence deficits. However, surprisingly little attention has been given to the issue of agencies' democratic accountability. This article argues the benefits of oversight for democracy and its significance for the improvement of services' performance. It puts EU intelligence agencies, which have hardly been the subject of any debate, at the centre. While acknowledging that the major threats to civil liberties of European citizens are posed by national intelligence agencies, it identifies the establishment of mechanisms for quality control of EU intelligence as the main challenge at the EU level.     

Ethnic Heterogeneity and Public Support for Welfare: Is the American Experience Replicated in Britain,Sweden and Denmark?

The link between ethnic heterogeneity and public support for welfare policy is debated. The thesis of a negative relationship is supported by much American research. Historically the race issue has blocked a number of American welfare schemes; across the United States ethnically heterogeneous states have less generous benefits, and citizens having negative attitudes towards blacks often oppose welfare. The research question is: To what extent will increased ethnic heterogeneity in European countries establish the same mechanisms? Three theoretical positions are discussed: the position that the American experience is unique; the position that it is generalisable; and a middle position of it being contingent on institutional settings. The latter position predicts that the American experience can be avoided, especially in social democratic welfare regimes where the ethnicity issue has not been politicised. Empirically the article is based on survey data from the United Kingdom, Sweden and Denmark, in which a number of American items were directly replicated. Despite indications of American uniqueness and welfare‐regime effects, the findings support the position that the in‐group/out‐group mechanisms found in the United States are being replicated in Europe.     

Trusting,Happy, Religious,and Giving: Explaining Volunteering in the Context of Nordic Exceptionalism

Abstract

Using data from the European Values Study, this article examines the mechanisms through which social capital facilitates volunteering in Nordic countries. Three specific mechanisms are examined as drivers of volunteering: Generalized trust, subjective well-being, and religious activity. We find that trust bridges social capital and that people volunteer more as their level of generalized and institutional trust increases. Our results also indicate that individuals with higher levels of well-being and those who attend religious services regularly are more likely to volunteer.     

Unprincipled Principals: Co-opted Bureaucrats and Corruption in Ghana

In theory, granting politicians tools to oversee bureaucrats can reduce administrative malfeasance. In contrast, I argue that the political control of bureaucrats can increase corruption when politicians need money to fund election campaigns and face limited institutional constraints. In such contexts, politicians can leverage their discretionary powers to incentivize bureaucrats to extract rents from the state on politicians' behalf. Using data from an original survey of bureaucrats (N = 864) across 80 randomly sampled local governments in Ghana, I show that bureaucrats are more likely to facilitate politicians' corrupt behavior when politicians are perceived to be empowered with higher levels of discretionary control. Using qualitative data and a list experiment to demonstrate the mechanism, I show that politicians enact corruption by threatening to transfer noncompliant officers. My findings provide new evidence on the sources of public administrative deficiencies in developing countries and qualify the presumption that greater political oversight improves governance.     

Parliamentary scrutiny of the EU’s Common Foreign and Security Policy

Abstract

This paper analyses under what conditions parties engage in parliamentary scrutiny of the European Union’s Common Foreign and Security Policy. With insights from comparative literature on parliamentary oversight, two main incentives are identified. On the one hand, opposition parties initiate scrutiny to reduce their information asymmetry vis-à-vis the government; on the other hand, coalition parties use parliamentary scrutiny to control their partners. Empirically, the article uses information on scrutiny activities in six EU member states (Germany, France, Italy, Poland, Slovakia, United Kingdom) covering 13 years and 21 governments. The findings suggest that opposition parties scrutinise the government if they have access to strong oversight instruments. In contrast, the strength of oversight instruments is not important for coalition partners. They resort to means of scrutiny if the leading minister is weak. Coalitions with a greater number of parties engage in scrutiny less often. Moreover, scrutiny is especially observed in questions with more direct distributional consequences (‘intermestic’ issues).     

Different worlds of contention? Protest in Northwestern,Southern and Eastern Europe

Despite the voluminous literature on the ‘normalisation of protest’, the protest arena is seen as a bastion of left-wing mobilisation. While citizens on the left readily turn to the streets, citizens on the right only settle for it as a ‘second best option’. However, most studies are based on aggregated cross-national comparisons or only include Northwestern Europe. We contend the aggregate-level perspective hides different dynamics of protest across Europe. Based on individual-level data from the European Social Survey (2002–2016), we investigate the relationship between ideology and protest as a key component of the normalisation of protest. Using hierarchical logistic regression models, we show that while protest is becoming more common, citizens with different ideological views are not equal in their protest participation across the three European regions. Instead of a general left predominance, we find that in Eastern European countries, right-wing citizens are more likely to protest than those on the left. In Northwestern and Southern European countries, we find the reverse relationship, left-wing citizens are more likely to protest than their right-wing counterparts. Lessons drawn from the protest experience in Northwestern Europe characterised by historical mobilisation by the New Left are of limited use for explaining the ideological composition of protest in the Southern and Eastern European countries. We identify historical and contemporary regime access as the mechanism underlying regional patterns: citizens with ideological views that were historically in opposition are more likely to protest. In terms of contemporary regime access, we find that partisanship enhances the effect of ideology, while ideological distance from the government has a different effect in the three regions. As protest gains in importance as a form of participation, the paper contributes to our understanding of regional divergence in the extent to which citizens with varying ideological views use this tool.     

When Pivotal Politics Meets Partisan Politics

Recent years have witnessed many efforts to understand legislative productivity and gridlock. However, despite theoretical and empirical contributions to how preferences and institutions shape political gridlock's level (e.g., Krehbiel 1996, 1998 ) and empirical evidence about how parties may affect political gridlock (e.g., Binder 1999 ; Coleman 1999 ), we lack a comprehensive perspective theoretically and empirically examining preferences, institutions, and parties. We overcome this deficiency by modeling conditions for gridlock as a function of preferences and institutions—incorporating bicameralism and presidential influence—and of parties. By generating equilibrium gridlock intervals for empirical testing using Poole's (1998) common space scores, and showing that gridlock intervals associated with models in which parties have no effect or an agenda-setting role do not explain policy gridlock but that those linked to models with party-unity effects and strong presidential leadership do, we demonstrate the importance of accounting for party and leadership roles in explaining legislative choices.     

Of Toothless Windbags,Blind Guardians and Blunt Swords: The Ongoing Controversy about the Reform of Intelligence Services Oversight in Germany

Due to the course of European history, German intelligence services are not exactly renowned abroad for epitomizing the rule of law. This article, however, tries to leave the chamber of horrors called memories behind and discusses the question of how intelligence services oversight functions in Germany today. This will mainly be discussed from the perspective of a legal scholar. The article will examine whether, and to what extent, the existing legal framework allows for efficient oversight of the intelligence services. Where oversight deficits can be identified, recent reform proposals related to them will be discussed critically. The article concludes, not all proposals for reform are suitable for solving the problems at hand.     

Domestic European Union Coordination and Interest Group Mobilization in Three Member States: Looking Beyond the Formal Mechanisms

One conclusion in the literature on domestic European Union (EU) coordination is that the formal institutional properties of countries—devolved versus centralized or unitary—affect the nature of coordination practices. Basically, the view has emerged that domestic coordination is a largely bureaucratic process in which political control mechanisms remain relatively weak. Instead of only looking at public authorities and their formal networks, this article relies on a data set that allows us to analyse informal political-administrative networks and look at how societal interests mobilize and target policymakers in order to shape the position governments defend at the EU level. One of our conclusions is that despite devolution in Belgium, its intergovernmental coordination shows a considerable level of network centralization, even when compared to unitary countries such as France and the Netherlands, meaning that there are large differences between the three states with respect to the connectedness of the actors involved.