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.     

Metagovernance and Control of Multi-level Governance Frameworks: The Case of the EU Structural Funds Financial Execution

Using as an empirical base the 2006–08 reform of the European Union Structural Funds financial execution, this paper explores control mechanisms of multi-level governance frameworks. The empirical evidence provides a representative case of initial metagovernance deficit and the subsequent, relatively successful, institutional response reinforcing metagovernance. The purpose is to clarify the conceptual dimensions of metagovernance, setting it in a categorical scheme that identifies forms of exercise of political power: government, governance and multi-level governance. Specifically, the paper argues for a conceptualization of metagovernance that highlights a sense of sovereignty by which governmental entities vested with legal legitimacy advance public interests.     

Government Selection and Executive Powers: Constitutional Design in Parliamentary Democracies

Provisions for a parliamentary investiture vote have become increasingly common in parliamentary democracies. This article shows that investiture provisions were largely introduced when new constitutions were written or old ones fundamentally redesigned. It also shows that the constitutions that endowed executives with strong legislative agenda powers also endowed parliaments with strong mechanisms to select the executive. It is argued that constitution makers’ decisions can be seen in principal–agent terms: strong investiture rules constitute an ex ante mechanism of parliamentary control – that is, a mechanism to minimise adverse selection and reduce the risk of agency loss by parliament. The findings have two broad implications: from a constitutional point of view, parliamentary systems do not rely exclusively on ex post control mechanisms such as the no confidence vote to minimise agency loss; parliamentarism, at least today and as much as presidentialism, is the product of conscious constitutional design and not evolutionary adaptation.     

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.     

Case Studies and EU Politics: A Reply to Miklin

A recent article in West European Politics by Eric Miklin attempted to shed light on the decision-making process in the European Union. The argument presented was that individual ministerial ideological preferences can affect a government's bargaining position in the Council of the European Union. Miklin proposes that under certain conditions national ministers may enjoy substantial freedom. This brief reply identifies three main problems with Miklin's approach: a case selection bias, ministerial autonomy, and an examination of where decisions are made.     

Explaining Chief Executive Empowerment: EU Summitry and Domestic Institutional Change

One of the most prominent trends in the organisation of European parliamentary democracies is the empowerment of chief executives. This article submits that an important reason contributing to this development is summit decision-making in the European Union, which requires states to confer additional authority, discretion and resources on chief executives. The effects are long-term shifts in the domestic institutional balance of power between the executive and the legislature, as well as within the executive branch. The explanatory power of this argument is tested through a case study of chief executive empowerment in Sweden, as well as comparative qualitative evidence from a broader set of European states. The findings carry implications for research on the presidentialisation of politics, the domestic implications of international cooperation, and the Europeanisation of EU member countries.     

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.     

The Impact of EU Referenda on National Electoral Politics: The Dutch Case

This study deals with the issue of increasing contention regarding European matters in national arenas. Specifically, it focuses on the impact of European Union referenda on national elections. EU referenda have two important consequences for national politics: they increase inter-party conflict over Europe and gear up voters' salience to EU matters. In doing so, EU referenda allow voters to identify parties closest to them on the EU issue, thereby increasing the likelihood that they will vote for a party on the basis of EU attitudes (i.e. EU issue voting). These propositions are evaluated empirically in a quasi-experimental setting by comparing two parliamentary elections before and after the first Dutch EU referendum in 2005. The findings show that referenda indeed facilitate the development of EU issue voting. Consequently, the conclusions of this study are not only relevant to observers of Dutch politics, but also contribute to a larger debate within the field of EU studies.     

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.     

Of Garbage Cans and Rulings: Judgments of the European Court of Justice in the EU Legislative Process

This article addresses the problem of how to explain the influence that rulings of the European Court of Justice (ECJ) have on the political decision-making of the EU. It will be argued that a framework developed by Kingdon which follows the garbage can model of Cohen, March and Olson is a good approach to conceptualising this influence. This framework explains political processes in terms of problems, solutions, participants and choice opportunities. In order to illustrate the argument, two famous rulings, Dassonville and Cassis de Dijon, are examined in detail. Both rulings dealt with the same subject but had different impacts on political decision-making. The difference in influence depended on the conditions of the political arena at the time the rulings were given and not on their legal contents.     

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.     

A Case of Strange Bedfellows in the EU: An Institutional Perspective on the French–Swedish Cooperation on Alcohol Control

Some relationships in modern politics may intuitively be more difficult to understand than others. This article deals with what might be referred to as a case of strange bedfellows, i.e. the French–Swedish cooperation on alcohol control in the European Union (EU). The French government has actively supported the Swedish government on several occasions in discussions and disputes over alcohol control policy issues at the EU level, and this article presents and discusses three different interpretations of this support. It is concluded that, rather than reflecting current economic calculations or matching policies, the French support should be viewed in relation to an institutional perspective emphasising the importance of historical paths and inefficient histories.