Much ado about money and how to spend it! Analysing 40 years of annulment cases against the European Union Commission

This article analyses four decades of annulment cases against the European Commission brought before the European Court of Justice by dissatisfied Member States. Annulment cases are interpreted as incidents of a struggle between Member State governments and the Commission about policy decisions. Studying annulment cases for the first time in comparative perspective, three important patterns of variation are identified: with respect to the evolution of annulment cases over time, as regards the Member States as plaintiffs and in view of policy fields. Subsequently the data are interpreted on the basis of structure, agency and policy field specific explanatory mechanisms. Leaving the aggregate level, the two policy areas that account for more than 80 per cent of annulments are analysed: EU agriculture and competition policy. In the vast majority of cases, the dominant rationale behind annulments is not national objections to the supranational exercise of delegated powers per se or in specific policies (as most structural theories would expect) but to the way the Commission uses these competences to restrict how national governments may allocate European or national funding.     

The organization of influence on the EC's common agriculturalpolicy: A network approach

The common agricultural policy of the EC with its market regulations is decided at EC level by a multilevel system of government, in which the Commission and the parliamentary parties of the European Parliament play the supranational role and the national ministries of agriculture act as parts of the intergovernmental system of the Council of Ministers. National interest groups have thereby three major access routes to the EC system, first through their national governments, or second indirectly, transmitted by their European peak organizations, or third directly to the supranational EC actors. The network approach is applied to study empirically the densities of access through these various routes. The links between actors in the agricultural policy domain are conceptualized as links for the exchange of resources, the most important resource of a policy domain being the final control of policy decisions. The political actors of the governance system originally hold full control of this valuable resource which they exchange for influence resources possessed by the interest groups, as public support or expert knowledge. Empirically, answers to the network questions depend on the type of resource and the viewpoint of the interviewed actors. An index is developed which indicates the resource flows between actors and the distribution of equilibrium control of policy decisions. It is shown that the national ministers of agriculture depend very much on the support and expertise of their national farmers' lobby, whereas the Commission relies more on contacts within the political sector itself. Multilevel systems need a lot of political coordination, so that the political actors within such systems, especially at the supranational level, seem to deal first of all with each other and not so much with the demand side of politics, compared to the national ministers of agriculture.     

The organization of influence on the EC's common agricultural policy: A network approach

Abstract The common agricultural policy of the EC with its market regulations is decided at EC level by a multilevel system of government, in which the Commission and the parliamentary parties of the European Parliament play the supranational role and the national ministries of agriculture act as parts of the intergovernmental system of the Council of Ministers. National interest groups have thereby three major access routes to the EC system, first through their national governments, or second indirectly, transmitted by their European peak organizations, or third directly to the supranational EC actors. The network approach is applied to study empirically the densities of access through these various routes. The links between actors in the agricultural policy domain are conceptualized as links for the exchange of resources, the most important resource of a policy domain being the final control of policy decisions. The political actors of the governance system originally hold full control of this valuable resource which they exchange for influence resources possessed by the interest groups, as public support or expert knowledge. Empirically, answers to the network questions depend on the type of resource and the viewpoint of the interviewed actors. An index is developed which indicates the resource flows between actors and the distribution of equilibrium control of policy decisions. It is shown that the national ministers of agriculture depend very much on the support and expertise of their national farmers' lobby, whereas the Commission relies more on contacts within the political sector itself. Multilevel systems need a lot of political coordination, so that the political actors within such systems, especially at the supranational level, seem to deal first of all with each other and not so much with the demand side of politics, compared to the national ministers of agriculture.     

Agency Escape: Decentralization or Dominance of the European Commission in the Modernization of Competition Policy?

The "modernization" reforms of European antitrust are summarized and interpreted. The article uses principal–agent analysis enhanced by socio-institutional insights. The reforms in policy implementation are of historic importance. While they appear to promise decentralization to national competition authorities, more sophisticated analysis points to an increase in the centralized power of the Commission. The novel instrument of a supranational European Competition Network creates a redesigned relationship between the Commission and the member states that carries high risks of incoherence. Modernization driven by a legal epistemic community carries a less obvious risk that increased power of competition policy will unduly reinforce liberal market disciplines through a juridification of the European competition regime.     

European Union Institutions and French Political Careers

This article examines one aspect of the relationship between European Union institutions and the French political field: politicians' careers. What is the value of positions in the Commission and the European Parliament for French politicians in terms of career mobility? This study shows that the value of the Commission as a source of domestic political capital has risen since the 1950s, whereas the value of the European Parliament has remained relatively low. The position of Commissioner is now comparable to a ministerial-level position. Membership in the European Parliament has remained secondary to a national political career. Yet, as a result of the European Parliament's peripheral position in the French political field, new social groups, linking the regions to the European institutions or forming cross-partisan interest groups, have been created. Evidence shows that if the European Union institutions present an alternative type of political capital to national political capital, political careers and ambitions are still formed in national terms. National mechanisms for the formation of groups having a vested interest in the relative autonomy of supranational political institutions have not developed sufficiently. This inadequacy might be the single most important reason for the democratic deficit in the European Union. We are not in business at all; we are in politics. (Former President of the EC Commission Walter Hallstein, quoted in Swann 1990, vii)     

Political leadership and European integration: The case of Jacques Delors

European Community politics created new opportunities for political leadership. Leadership of the integration process was provided first and foremost by national political leaders, with the EC's supranational institution — the Commission — playing a supporting role. Jacques Delors was the first Commission president (1985–1995) significantly to redefine his role, and consequently to create a model for European, supranational political leadership. Analysing Jacques Delors’ discourse provides us with a methodological tool for understanding how he politicised the leadership role of the Commission, and to what effect.     

Integration in small steps: The European commission and member‐state aid to industry

Member states of the European Union traditionally have used a variety of aids to industry to develop national champions, rescue major enterprises in financial trouble, and to make industry more competitive internationally. Yet making the single European market operational and sustaining cohesion across member states with different abilities to aid their industrial enterprises requires that the European Commission monitor state aid closely. Most accounts of this tension point to the weak record of the Commission in rejecting aid packages proposed by member states. This article argues that the rate of rejection of aids by the Commission is a highly misleading indicator of the Commission's influence in this policy area. In fact, the Commission has developed substantial capacities to regulate state aid relative to the constraints within which it operates.     

Book Reviews

Four years after its formal establishment, the European External Action Service (EEAS) remains in a state of complex and overlapping areas of competence. There are interlocking layers of political and administrative governance, where the service has to interact with, and answer to, different national and intergovernmental political masters as well as supranational actors, notably the European Commission and the European Parliament. The formal political decision-making power with regard to the EU’s common foreign and security policy lies with the Council, whilst substantial competences, notably in the field of the European Neighbourhood (ENP) and trade policies, as well as development and cooperation, remain under the control of the European Commission. The EEAS’s autonomy and institutional orientation are both much debated and empirically unexplored. Based on quantitative and qualitative data, this article undertakes a behavioural analysis of EEAS decision-making. Empirical findings suggest that there are competing institutional logics at work among different groups of staff which affect their respective administrative decisional behaviour. Supranational recruits tend to be more community-minded, whereas officials with an intergovernmental background have a propensity to be more member state oriented.     

Parliamentary questions and oversight in the European Union

Delegation in the European Union (EU) involves a series of principal‐agent problems, and the various chains of delegation involve voters, parties, parliaments, governments, the European Commission and the European Parliament. While the literature has focused on how government parties attempt to monitor EU affairs through committees in national parliaments and through Council committees at the EU level, much less is known about the strategies opposition parties use to reduce informational deficits regarding European issues. This article argues that the European Parliament (EP) offers opposition parties an arena to pursue executive oversight through the use of written parliamentary questions. Using a novel dataset on parliamentary questions in the EP, this article examines why Members of the European Parliament (MEPs) ask questions of specific Commissioners. It transpires that MEPs from national opposition parties are more likely to ask questions of Commissioners. Questions provide these parties with inexpensive access to executive scrutiny. This finding has implications for the study of parliamentary delegation and party politics inside federal legislatures such as the EP.     

Salience and Complexity in Supranational Policymaking: The Case of Subnational Interests

This study examined whether Gormley's insights about the effects of public salience and technical complexity on the patterns of participation in the regulatory process have explanatory power in an international setting. Specifically, I tracked 60 legislative proposals initiated by the European Commission and estimated the change made by the supranational technocrats in response to the requests of subnational politicians. I found support for the theoretical propositions about the differentiated effect of salience and complexity on political and administrative actors. Consistent with the notion of bureaucratic expertise, the Commission is less responsive when the policy issues require expertise to be tackled efficiently. Although the European Union has been pursuing various mechanisms to democratize its policy process, the technical character of supranational regulation precludes the broader public and elected politicians from assuming a larger role and bureaucracy will continue to be a major player in the international arena.     

The Political Foundations of the Eurocracy

This article explores the politics behind the design of EU regulatory institutions. The EU has established an extensive ‘Eurocracy’ outside of the Commission hierarchy, including over 30 European agencies and a number of networks of national regulatory authorities (NRAs). The article examines the politics of institutional choice in the EU, explaining why EU policy-makers create agencies in some policy areas, while opting for looser regulatory networks in others. It shows that the design of EU regulatory institutions – ‘the Eurocracy’ – is driven not by functional imperatives but by political considerations related to distributional conflict and the influence of supranational actors.     

Absent yet popular? Explaining news visibility of Members of the European Parliament

Members of the European Parliament (MEPs) represent their citizens in European Union policy making, having the power to approve, amend or reject the near majority of legislation. The media inform EU citizens about their representatives and are able to hold them publicly accountable. However, we know little about whether, and to what extent, MEPs are visible in the news. This study investigates the visibility of MEPs in national broadsheets in Britain, France, the Netherlands, Germany and Italy. It seeks to explain individual‐level variation by employing an original dataset of news visibility of 302 MEPs over a period of 25 months (September 2009–September 2011) and tests the applicability of the news values and mirror theories in the context of supranational politics. The results show that political office, length of tenure and domestic party leadership have a positive effect. Legislative activities have a mixed effect on MEP news visibility. Attendance negatively affects news visibility, while non‐attached MEPs receive more news coverage. In short, despite the core supranational nature of EP legislative politics, MEP news visibility primarily depends on journalists’ domestic considerations. This informs both our understanding of MEP parliamentary behaviour and journalism studies in the context of the EU.     

Designing stakeholder consultations: Reinforcing or alleviating bias in the European Union system of governance?

Consultations with stakeholders are a policy instrument widely used by policy makers to design policies and prepare legislative proposals across national and supranational systems of government. The European Union has recently reviewed its stakeholder consultation regime and asked for stakeholders’ policy input. This offers an opportunity to examine empirically stakeholders’ own evaluation of the regime and to ask a fundamental question about its democratic credentials: Do stakeholders recognise the EU consultation regime as reinforcing bias in interest representation by benefiting policy insiders, or conversely as an instrument that alleviates bias in supranational policy making? Building on rational choice institutionalism, this article outlines the potential distributional outcomes of the regime and argues that they are likely to vary along the lines of a classic divide in policy making that opposes policy insiders to outsiders. Two competing narratives are discussed in relation to the expected direction of this variation by focusing on insiders’ incentives to support or oppose the regime. The observable implications are tested empirically on an original dataset containing information about stakeholders’ positions on the evaluation of the regime status quo, its proposed further institutionalisation and their recommendations for change. The findings describe a consultation regime that seems to have created conditions alleviating bias in stakeholders’ participation in supranational policy making. This is evident in the lack of systematic, significant differences between insiders and outsiders in the evaluation of the consultation regime. Where differences do occur, they are consistent with the image of a consultation regime that has not reinforced bias in favour of policy insiders. These actors are found to be more critical of the regime status quo, its institutionalisation and more inclined to recommend policy improvements. This supports an optimistic view over the democratic credentials and legitimacy of the EU consultation regime and outlines an additional scenario under which policy actors that are traditionally associated with exerting more power and influence find themselves stripped of their privileged position in the context of European supranational governance.     

‘As time goes by’: Explaining the transposition of maritime directives1

The aim of this article is to explain the speed with which Member States transpose EC directives in the maritime sector. By discussing earlier work, the focus is on explanatory factors related to the contents of the directive that needs to be transposed and the context within which national transposition takes place. The authors' expectations have been tested using data across seven Member States and 32 maritime directives. Using survival analysis based on Cox regression, several political‐administrative and legal factors are identified that have an impact on the speed of transposition. The political sensitivity of the directive and the total number of national implementing measures lengthens the duration of transposition, while the degree of specialisation of the directive, the use of package law and experience speed up transposition. The authors also find that the impact of some of these explanatory factors changes over time. This underscores the importance of taking time seriously and to explore time dependency in further theoretical work on explaining policy‐making processes.     

What Really Happens: Department Secretary Appointments,Contracts and Performance Pay in the Australian Public Service

This account of the practice in the Australian Public Service (APS) for appointing department secretaries, using contracts and rewarding for performance, is based on my own experience in being appointed, reappointed and not reappointed, and in receiving and not receiving performance pay. It also draws on my experience as Public Service Commissioner in assisting with appointments and performance pay of secretaries. I also discuss weaknesses in the current system, and the drift to ‘politicisation’. I was first appointed as a department secretary at the end of 1993 after 25 years in the APS including 15 years in the Senior Executive Service (SES) in three different portfolios (Social Security, Finance and Defence). I was secretary of three different departments (Administrative Services, Housing, and Health, some of which went through changes in name and responsibilities during my tenure) before being appointed as Public Service Commissioner from the beginning of 2002. I retired from the APS in June 2005.     

Participation,Dialogue, and Civic Engagement: Understanding the Role of Organized Civil Society in Promoting Active Citizenship in the European Union

Abstract

This article looks at current policies concerning the civic and political participation of youths, women, migrants, and minorities in the European Union. It highlights the ways in which active citizenship and civic engagement have become a political priority for European institutions. Representation of local policy actors at the supranational level and strategies for the inclusion of civil society provide a platform for evaluating the impact of Europeanization at the national and subnational level. The article focuses on key discourses and narratives associated with specific policy frames (e.g. European citizenship, European social policies, and the European public sphere (EPS)). Some of the key questions addressed by the article are: What are the strategies that are employed, both by the European institutions in Brussels and organized civil society (OCS), to enhance participation and reciprocal communication? What vision of governance do practices such as active engagement and civil dialogue represent? Drawing on current theories of governance, our article contributes to the debate about the EPS by evaluating the role of OCS in bridging the gap between European institutions and national polities. Equally, our focus on traditionally marginal groups provides a platform for assessing the institutionalization of the ‘European social dimension’.     

Legislators,organizations and ties: Understanding interest group recognition in the European Parliament

What explains Members of European Parliament's (MEPs’) decisions to recognize some interest groups as relevant policy actors? Addressing this question is fundamental for understanding the role of political elites in shaping patterns of interest representation and interest groups’ role in legislative decision making. Building on theories of legislative behaviour and informational theories of legislative lobbying, we argue that MEPs give recognition to those organizations that are instrumental for achieving key political goals: re-election, career-progression and policy influence. The pursuit of these goals generates different patterns of MEP recognition of interest groups. We contribute to the literature in three ways. Conceptually, we propose interest group recognition as a key concept for understanding interactions and links between legislative and non-legislative actors. We illustrate the high conceptual relevance of recognition for interest groups research while noting its conspicuous neglect in the literature. We address this gap and place the concept central stage in understanding legislators’ attention to and behaviour towards interest organizations. Theoretically, we build on a classic framework explaining legislators’ behaviour and refine it through the lenses of informational theories of legislative lobbying. We argue and show that legislators recognize organizations that enhance electoral prospects in their home Member States, and that legislator–group ideological proximity and an interest group's prominence in a specific policy field affect MEPs’ decisions to recognize some organizations as relevant actors. Our argument acknowledges the importance of the broader context in which MEPs operate and pays attention to how they react to and interact with it. Empirically, we propose an original and innovative research design to identify and measure recognition with the help of social media data. Our measurement strategy constitutes a significant improvement insofar that it reduces the challenges of measurement bias usually associated with self-reported data generated through interviews, surveys, or the textual analysis of newspaper articles and official documents. Our research design allows using fine-grained measures of key dependent and explanatory variables and offers the very first analysis of MEP interest group recognition that holds across decision-making events and policy areas. We test our argument on a new dataset with 4 million observations recording the recognition of more than 7,000 organizations by 80 per cent of MEPs serving in EP8. We find that MEPs are more likely to recognize organizations from their Member State, particularly under flexible- and open-list electoral institutions. MEPs are also more likely to recognize organizations that share their ideological affinities and are prominent actors in policy areas legislators specialize in.     

The Compound Machinery of Government: The Case of Seconded Officials in the European Commission

This article explores the compound machinery of government. Attention is directed toward decision making within the core executive of the European Union—the European Commission. The article studies seconded national civil servants (SNEs) hired on short‐term contracts. The analysis benefits from an original and rich body of surveys and interview data derived from current and former SNEs. The decision‐making dynamics of SNEs are shown to contain a compound mix of departmental, epistemic, and supranational dynamics. This study clearly demonstrates that the socializing power of the Commission is conditional and only partly sustained when SNEs exit the Commission. Any long‐lasting effect of socialization within European Union's executive machinery of government is largely absent. The compound decision‐making dynamics of SNEs are explained by (1) the organizational affiliations of SNEs, (2) the formal organization of the Commission apparatus, and (3) only partly by processes of resocialization of SNEs within the Commission.     

European integration and electoral democracy: How the European Union constrains party competition in the Member States

The assignment of policy competencies to the European Union has reduced the divergence of party policy positions nationally, leaving the electorate with fewer policy options. Building upon insights from spatial proximity theories of party competition, the convergence argument predicts convergence particularly in policy domains with increasing EU competence. As the policy commitments that derive from EU membership increase, parties become more constrained in terms of the feasible policy alternative they can implement when in office. The analysis uses manifesto data at the country‐party system level for nine policy domains. It uses ordinary least squares (OLS) estimation with country fixed effects, a lagged dependent variable and country corrected standard errors. Controlling for other factors that could plausibly explain policy convergence, the models also assess whether the convergent effect of party positions varies across different types of parties. The main finding is that in policy domains where the involvement of the EU has increased, the distance between parties' positions tends to decrease. The constraining impact of EU policy decisions differs between Member and non‐Member States. This effect is more apparent for the policy agendas of larger, mainstream and pro‐EU parties in the Member States.     

POLICE ADMINISTRATION: THE RESPONSE TO CHANGE*

Abstract: The organizational structure of Australian police forces is based on the quasi-military pattern established by the London Metropolitan Police Force. While community values, attitudes and aspirations remained comparatively static, this pattern seemed to both police and the public to be workable, if not completely satisfactory. However, it is becoming increasingly evident to police administrators that the traditional pattern of organization is experiencing difficulties in coping with a changing society. In America, in particular, attention has been given to attempts to replace the traditional police bureaucracy with a more flexible, participatory, science-based structure. Changes in police structures come about very slowly for a variety of reasons, including bureaucratic resistance to change. Australian Commissioners of Police are usually career appointments from within the force of practical officers who are not necessarily interested in administrative principles. Ministerial heads also are often not committed to innovative programs. In most cases, changes within Australian police forces have resulted from outside pressures, and major reforms have usually been associated with outside appointments to the post of Commissioner. A Commissioner who elects to be an innovator needs powerful backing from his minister and from within his organization, the support of influential community voices, reasonably long tenure of office and adequate financial allocations. His freedom to introduce reform is also affected by the philosophy of his police union. Available data suggest that our traditional law enforcement system is not succeeding in its prime tasks of preventing and solving crimes. Several courses of action are open to enable Australia's law enforcement agencies to be more responsive to a changing society: senior police officers should establish a national forum to enable their views to be heard, opportunities should be provided for concerned civilians to be informed about and involved in crime prevention and criminal justice, and the feasibility of copying the American system of State Criminal Justice Planning Agencies should be examined.