Discretion and Politicization in EU Competition Policy: The Case of Merger Control

In a world where goods and services (but also people, capital and ideas) are increasingly ignoring national borders, competition policy has emerged as a highly salient issue at the heart of international trade discussions. Aspects of competition policy, from cartels and monopolies to state aids and the liberalization of the utilities, have become a regular feature in the pages of the financial and legal press and have become identified as a central element in any government's policy towards industry and its drive for competitiveness. This article focuses on European Union merger control and although appreciative of the dominance of economics and law in competition policy, stresses the political dimension to competition policy. A government and public administration perspective is essential. This is in evidence in the type of regime, the commitment to enforcing the law, the role of discretion and issues such as transparency and democracy. The example of merger control is used to illustrate how the European Commission (EC) has emerged and operates as a genuinely federal actor in determining and shaping merger policy throughout the EU. In short, this article accounts for policy development, the decision making process and in particular the degree to which discretion and politicization underpin one of the most crucial aspects of economic regulation.     

Cosmopolitan Democracy and the EU: The Case of Gender

Cosmopolitan democracy is one of the most debated models of transnational democracy. As a result of his prominence in this field, David Held has attracted much of the criticism and approval of this position. The critique and comment aimed at cosmopolitanism in general, and Held's work in particular, has provoked cosmopolitan advocates to respond, restate and develop their arguments. However, despite its considerable merit, this debate remains largely theoretical, and little has been done in terms of studying the realisation of cosmopolitanism in real-world settings. This article contributes towards the debate concerning the possibility of its actual application by mapping the principles of cosmopolitan democracy in relation to the EU polity and the issue of gender equality. It argues that the EU articulates certain cosmopolitan-comparable principles, and by studying areas where they are clearly exhibited, such as the issue of gender, that this helps us to critically evaluate their practicability and enables a response to criticisms levelled at cosmopolitan democracy. This article addresses two specific criticisms. Firstly, in view of the justiciable qualities of EU law, and its ability to give rise to formal individual rights, it is argued that claims regarding the inherently fictitious nature of cosmopolitan rights are unfounded. Secondly, while acknowledging that civic engagement takes a principally legal mode in relation to the issue of gender, this article rejects the claim that cosmopolitan democracy neglects the political aspects of citizenship. However, cosmopolitan scholars must extend their understanding of the relation between rights and the wider aspects of citizenship engagement, if they hope to realise the vision of an active citizenry that remains central to the cosmopolitan project.     

The European Parliament's Legislative Powers Reconsidered – Assessing the Current State of the Procedural Models Literature

This article maps out the state of affairs of the academic literature which uses procedural spatial voting models to explain legislative decision-making in the European Union. Employing Tsebelis's (1994 ) article in which the author models the Union's co-operation procedure and using it as a reference point, I show that there is no clarity yet as to which of the several existing procedural model specifications yields the most convincing results. I conclude by suggesting how the current situation could be improved, and that procedural modelling might be integrated with other rational choice theory for a better understanding of the ongoing evolution of the policymaking instruments in the European Union.     

Capacity-building at the Headquarter Level: The Case of EU Civilian Peace Operations

Abstract

This article traces the institutional evolution of the Council Secretariat that plans and supports EU civilian peace operations. During the early days of the European Security and Defence Policy in the late 1990s competing political priorities of big EU member states and a dominance of military structures put civilian administrators at a significant disadvantage. Between 2003 and 2007, however, the rising number and complexity of civilian missions generated pressure for reform, which eventually led to the creation of a civilian headquarters. The historical analysis provides the basis for assessing the EU's current institutional capacities for civilian crisis management. While some administrative capacity deficits have been addressed, increased institutional formalization and further politically motivated reforms may increase tensions and hamper the accumulation of expertise.     

Budgetary Decision Making by Executive and Legislative Budget Analysts: The Impact of Political Cues and Analytical Information

We explore the extent to which attributes of individual analysts and institutional factors lead to budgetary decisions based on political cues and/or analytical information among executive and legislative budget analysts. We surveyed executive and legislative budget analysts in 13 western states to ascertain the factors that influence their budgetary decisions. The findings build on evidence from previous studies that confirms the complexity of factors affecting budget analysts' decisions, and they provide empirical support to analysts' use of a combination of information labeled "budget rationality" by Thurmaier and Willoughby. Also, we provide more conclusive evidence that both executive and legislative analysts follow similar decision-making patterns.     

A Modest Defense of Politically Engaged Best Practices: The Case of Legislative Strengthening

Critics of donor‐funded democracy promotion claim that these programs are frequently designed to reproduce social and governmental models drawn from developed countries and imposed on the recipient country without regard to local conditions, with experts parachuted in to provide guidance based on international “best practices.” The critique focuses on first‐generation development with a neutral, technical focus, whereas democracy promotion has evolved toward a more politically engaged approach to programming—what we label as second‐generation and, more recently, third‐generation development practices. We apply this distinction to the area of legislative strengthening (LS) by describing its history from the post–World War II period to the present and provide examples of LS projects to support the argument. The challenge is to combine valuable insights from best practices from decades of experience while adapting them through political engagement with local partners and with bilateral donors.     

Complying with Transposition Commitments in Poland: Collective Dilemmas,Core Executive and Legislative Outcomes

This article examines the transposition of EU legislation in Poland before accession. It finds that the extent to which the Polish government complied with transposition commitments in a timely manner was related to the institutionalisation of rules that the domestic core executive could use to extend selective incentives and monitoring to ministers and departments. The effect of the core executive variable is contextualised by the impact of EU incentives, party configurations and ministerial resources. The article concludes by considering the wider significance of the core executive variable in research on compliance in the EU member states.     

Legislative vs. Executive Political Offices: How Gender Stereotypes Can Disadvantage Women in Either Office

Political Behavior - Different stereotypes exist for women politicians in a way that is not true for men; a difference that may affect voter evaluations. While some...     

Mandate, Independence and Funding: Resolution of a Protracted Struggle Between Parliament and the Executive Over the Powers of the Australian Auditor-General

This paper examines a political struggle in the Australian federal sphere over parliament's right, exercised through the Office of the Auditor-General, to oversee the accounts and management practices of the executive and entities created by legislation to deliver public services. The period from the early 1970s witnessed a dramatic shift in the method of delivering government services to the community and an increasing attention to economy, efficiency and effectiveness in their administration and delivery. The Australian government has increasingly used private sector organisational models and modern management and accounting practices to deliver a wide range of services. The rise of these 'new public management' practices resulted in an erosion of traditional parliamentary oversight of government management and reporting activities. This historical analysis is based upon Porter's (1981) processual analytical framework. The analysis focuses on the action of groups such as the executive, parliamentary committees and the Office of the Auditor-General as evidenced in documents produced in response to critical events. Models developed by Funnell and Cooper (1998) are used to characterise the transition of public sector audit from a traditional administrative model to a corporatist model.     

When Trust Matters: The Case of Gun Control

Political Behavior - Declining trust in government is often cited as the cause of declining support for policies that require ideological sacrifices. Yet pivotal to the effect of trust is the...     

Mini-Symposium: The Federal Executive Budget

James Edwin Kee, Introduction
Bernard Pitsvada, The Executive Budget: An Idea Whose Time Has Passed
Naomi Caiden, Comments
Louise Fisher, Comments
Lance T. LeLoup, Comments     

Agenda control in EU referendum campaigns: The power of the anti‐EU side

European Union (EU) referendums provide unique opportunities to study voters’ attitudes toward a distant level of governance. Scholars have long tried to understand whether EU referendum results reflect domestic (dis‐)satisfaction with the incumbent governments or actual attitudes toward the Union. Finding evidence supporting both domestic and European factors, the recent focus has thus turned to referendum campaigns. Recent studies emphasise the importance of the information provided to voters during these campaigns in order to analyse how domestic or European issues become salient in the minds of voters. These studies nonetheless overlook the asymmetrical political advantage in such campaigns. The broader literature on referendums and public opinion suggest that in a referendum, the ‘No’ side typically has the advantage since it can boost the public's fears by linking the proposal to unpopular issues. This article explores whether this dynamic applies to EU treaty ratification referendums. Does the anti‐EU treaty campaign have more advantage than the pro‐EU treaty campaign in these referendums? Campaign strategies in 11 EU treaty ratification referendums are analysed, providing a clear juxtaposition between pro‐treaty (‘Yes’) and anti‐treaty (‘No’) campaigns. Based on 140 interviews with campaigners in 11 referendums, a series of indicators on political setting and campaign characteristics, as well as an in‐depth case study of the 2012 Irish Fiscal Compact referendum, it is found that the anti‐treaty side indeed holds the advantage if it engages the debate. Nonetheless, the findings also show that this advantage is not unconditional. The underlying mechanism rests on the multidimensionality of the issue. The extent to which the referendum debate includes a large variety of ‘No’ campaign arguments correlates strongly with the campaigners’ perceived advantage/disadvantage, and the referendum results. When the ‘No’ side's arguments are limited (either through a single‐issue treaty or guarantees from the EU), this provides the ‘Yes’ side with a ‘cleaner’ agenda with which to work. Importantly, the detailed data demonstrate that the availability of arguments is important for the ‘Yes’ side as well. They tend to have the most advantage when they can tap into the economic costs of an anti‐EU vote. This analysis has implications for other kinds of EU referendums such as Brexit, non‐EU referendums such as independence referendums, and the future of European integration.