FROM THE EUROPEANIZATION OF LAWMAKING TO THE EUROPEANIZATION OF NATIONAL LEGAL ORDERS: THE CASE OF AUSTRIA

This article addresses the scope of legal Europeanization with regard to Austria, a 1995 accession country. Depending on the choice among several plausible indicators of legal Europeanization, the relative impact of the EU varies greatly. The share of EU-related legislation peaked in the pre-accession period when most of the acquis communautaire needed to be adopted. In the membership period, legislation that relates to the EU accounts for almost 25 per cent of the enactments. Although government decrees outnumber laws as the means of transposition, EU-related rules constitute a much smaller share of delegated legislation. Collectively, EU-related rules constitute a tenth of Austrian legislation. Yet by mid-2003, 42 per cent of Austria's original laws—the core of its legislation—were related to EU rules. While falling short of some inflated expectations, legal Europeanization is indeed a major feature of Austrian legislation. The article confirms expectations derived from the political controversy of EU affairs, federalism, and legal traditions. When we refer to 'legal orders' in the article we mean the entire body of legislation in force; we use the term 'legislation' to refer to recent additions to the body of legislation.     

Duopoly,court politics and the Danish core executive

This article applies the ideas of the core executive and court politics to Danish coalition and minority governments. It asks two questions. Do these ideas travel beyond their Westminster origins? What are the dilemmas confronting the Danish executive and its court politics? The analysis is based on documentary sources and 22 elite interviews with cabinet ministers and permanent secretaries. It identifies a duopoly of Prime Minister and Minister of Finance as a distinctive variety of court politics. It identifies the key dilemmas confronted by the Danish executive; namely trust, political support and politicization. It concludes that court politics provides unique insights into the workings of Danish government. The article is a contribution to the comparative analysis of the court politics of governing elites. It shows that the focus on court politics is not only useful for majoritarian Westminster systems but also for the analysis of consensual parliamentary democracies.     

TRACING THE NATIONAL MANDATE: ADMINISTRATIVE EUROPEANIZATION MADE IN DENMARK

The article analyses the Europeanization of the Danish national administration. The article offers a revision of the standard image of Danish adaptation to EU membership as being highly centralized and formalized. Rather, the Danish experience involves substantial polity change in terms of new institutions and procedures as well as a change in the overall approach to the EU. Whereas the initial response to membership favoured a strategy for polity adaptation based on centralization – vertical coordination and international bargaining framed by a discourse on sovereignty over a strategy emphasizing the importance of decentralization, horizontal coordination and transnational negotiation – the latter has gradually become much more influential. The analysis suggests two general conclusions relevant to the debate on Europeanization and administrative change. First, it is argued that Europeanization can in fact lead to substantial polity change, which makes the tendency to focus on policy change in Europeanization studies somewhat one‐sided and premature. Secondly, it is argued that the particular mechanisms involved in polity change have not yet received due attention within the Europeanization debate.     

Back to the future,forward to the past: Croatian politics of memory in the European Parliament

This paper discusses the way in which a post-conflict European Union (EU) member immediately after accession both shapes and adapts to EU memory politics as a part of its Europeanization process. I will analyze how the country responds to the top-down pressures of Europeanization in the domestic politics of memory by making proactive attempts at exporting its own politics of memory (discourses, policies, and practices) to the EU level. Drawing evidence from Croatian EU accession, I will consider how Croatian members of the European Parliament “upload” domestic memory politics to the EU level, particularly to the European Parliament. Based on the analysis of elite interviews, discourses, parliamentary duties, agenda-setting, and decision-making of Croatian MEPs from 2013 to 2016, I argue that the parliament serves both as a locus for confirmation of European identity through promotion of countries’ EU memory credentials and as a new forum for affirmation of national identity. The preservation of the “Homeland War” narrative (1991–1995) and of the “sacredness” of Vukovar as a European lieu de mémoire clearly influences the decision-making of Croatian MEPs, motivating inter-group support for policy building and remembrance practices that bridge domestic political differences.     

THE EU AS LAWMAKER: THE IMPACT OF EU DIRECTIVES ON NATIONAL REGULATION IN THE NETHERLANDS

The impact of European directives on Dutch regulation is fairly limited when compared to the claims that are made by academics and politicians. We found that 12.6 per cent of all parliamentary acts, 19.7 per cent of all orders in council, and 10.1 per cent of all valid ministerial decisions were actually rules transposing EU directives. The total overall impact for all three types of legislation was 12.6 per cent. Departments generally employ the same type of rules in similar proportions both when transposing EC directives and when producing national rules. Departmental autonomy is a defining feature of Dutch central government in general, and this pattern persists in the coordination and implementation of EU directives. Nearly 90 per cent of the European directives in The Netherlands are transposed through delegated legislation in which no involvement of parliament is required. If we take into account the fact that the majority of formal laws are actually drafted by the executive and submitted to parliament, we could easily state that virtually all national rules that transpose European directives into the Dutch legal system are drafted by the executive.     

The Return of Political Risk: Foreign-Owned Banks in Emerging Europe

Political risk—risk that investments are damaged by policy action of authorities—increased during the financial crisis due to controversies about the distribution of accumulated losses among stakeholders. Authorities interconnected by cross-border banks considered unilateral policies that minimised losses for domestic stakeholders at the expense of their foreign counterparts. This is at odds both with the assumption behind financial integration which presumes multilateral responses to cross-border shocks and with the typical definition of political risks that ignores the fact that not only host-country, but also home-country authorities can create such risks. This paper recasts the definition of political risk and reviews instances when political risk materialised within the EU banking market between 2007 and 2011. The analysis reveals that the EU regulatory framework needs to be enhanced to contain resurgent political risks systematically rather than through ad hoc interventions of the EU and international bodies.     

Between Euroscepticism and Eurosupport: The Attitudes of Urban and Rural Populations in Poland 2000–2008

Three main factors explain public support for EU membership: utilitarian expectations, the role of values and ideas, and class partisanship. In the Polish case, public opinion polls and issues more specific to Poland, such as the role of the Catholic Church, populist political parties and profound Euroscepticism among farmers, suggest that although these theoretical explanations overlap, each of them has a different explanatory value. The economic approach remains the best predictor of support for EU membership, and whereas values and identity are closely linked to and dependent upon economic expectations, the impact of national politics appears largely decoupled from Polish Euroscepticism.     

TIME FOR EU MATTERS: THE EUROPEANIZATION OF DUTCH CENTRAL GOVERNMENT

To what extent does the European Union (EU) affect national governments? This article seeks to answer this question by assessing the Europeanization of Dutch central government. Using data from a large‐scale survey among civil servants, we assess to what extent the EU affects the structure and culture of governmental organizations, as well as the activities of individual civil servants. On the basis of this analysis, we conclude that the impact of the EU both on individual civil servants and on organizations in Dutch central government is two‐sided: a small core of civil servants and organizations are deeply involved in EU‐related activities and this exists alongside a much broader base of civil servants and organizations that are less affected by the EU. These differences appear more clearly on the level of daily working practices than on the level of formal organizational structures. Nevertheless, the impact of European integration on government organizations remains limited to particular organizations and particular civil servants within central government.     

IDENTIFYING CAUSALITY IN PUBLIC INSTITUTIONAL CHANGE: THE ADAPTATION OF THE NATIONAL ASSEMBLY FOR WALES TO THE EUROPEAN UNION

The aim of this article is to identify causes and effects of public institutional change. Analysis is centred on those endogenous, not exogenous, sources of political change that account for the institutional metamorphosis of the Welsh Assembly in its engagement with UK‐EU processes since 1999. The central research question addressed is to explain a qualitative shift in the logic of action of Assembly engagement, resulting in the conduct of a territorially sensitive ‘parliamentary’ EU scrutiny, but within a model of executive devolution. To capture agency and change, and to engage with sociological institutionalist debates, the article develops analytical tools of ‘framing’ and ‘operationalizing’ institutions to study the interplay between informal and formal processes of institution building since devolution. In so doing, we place refined sociological conceptions of institutions at the heart of analyses of political discontinuity and theorization of public institutional change.     

WHY STRONG COORDINATION AT ONE LEVEL OF GOVERNMENT IS INCOMPATIBLE WITH STRONG COORDINATION ACROSS LEVELS (AND HOW TO LIVE WITH IT): THE CASE OF THE EUROPEAN UNION

The European Union (EU) inherited ‘indirect administration’ from classical international organizations: policies adopted by the international organization are subsequently to be implemented nationally by member states themselves, and not by bodies owned by the international organization. This arrangement has often led to legislation being incorporated and applied rather differently across countries. In order to harmonize implementation practices within the EU, we have witnessed a development from ‘indirect administration’ to more ‘direct administration’ in the sense that national agencies work closely with the European Commission, EU agencies and sister agencies in other member states, partly bypassing national ministries. Thus, stronger coordination across levels may counteract strong coordination at the national level. This ‘coordination dilemma’ seems to have been largely ignored in the literatures on EU network governance and national ‘joined‐up government’, respectively. The ambition of this article is twofold: first, the coordination dilemma is theoretically and empirically illustrated by the seeming incompatibility between a more direct implementation structure in the multilevel EU administrative system and trends towards strengthening coordination and control within nation states. Second, the article discusses organizational arrangements that may enable systems to live with the coordination dilemma in practice.     

A tale in stone and bronze: old/new strategies for political mobilization in the Republic of Macedonia

The redesign of Skopje’s main square and the wider central area in the last six years has been a top priority of the Macedonian government. The project, called Skopje 2014, provoked intense domestic debate and controversy as well as international reaction and concern. Although officials say that project’s aim is to unify ethnic Macedonians, it has produced several lines of political, intra-ethnic/interethnic as well as intra-cultural/intercultural divisions in the fragile Macedonian society. The aim of the paper is to offer reflections about its mobilizing potential among ethnic Macedonians in a set of social, economic, and political contexts. In that sense, four areas of mobilization are suggested: (1) around new identity markers; (2) around the name dispute and against threats (real or imagined) to the ethnic and national identity; (3) against the internal Other, that is, the ethnic Albanian community, as well as critics of these identity politics; and (4) in reaction to the global financial crisis and problems within the EU.     

Switzerland and the EU: the puzzling effects of Europeanisation without institutionalisation

Switzerland is not a member of the EU and in 1992 refused to join the European Economic Area (EEA) treaty in a popular vote. A conservative majority preferred to keep utmost national autonomy, and consequently, relations between the EU and Switzerland are regulated by a series of bilateral treaties. This process of Europeanisation without institutionalisation has led to profound changes of Swiss politics over the last two decades. While many effects of economic liberalisation and internationalisation are similar to those found in EU countries, some specific problems like the acceleration of immigration present rising social conflict. Social cleavages between urban and rural regions, and between capital and labour are deepening. The continuous rise of the conservative nationalist Swiss People's Party and the growing polarisation between the political Right and Left have put the traditional political culture of accommodation and power sharing at risk. Twenty years after the No-vote on the EEA-treaty, Switzerland is a divided country. Why do Swiss politicians still practice consensus democracy, and what does the divide mean for the future relations between the EU and Switzerland?     

Theorising European Integration of Local Government – Insights from the Fusion Approach

The article explores a new, dynamic conceptual framework to understand the relations between local government and the European Union (EU). It argues that, first, the fusion approach explains the systemic linkages between European integration and corresponding change within cities, counties and municipalities. Secondly, fusion dynamics are slowly emerging across European and local levels, whereby competencies and resources are merging and policies become synchronised under Europe 2020 and the European Cohesion Policy. Thirdly, the fusion approach provides an understanding of the attitudes of local actors towards European integration. In order to show the relevance of fusion, the article presents the findings of five empirical indicators: the absorption of EU policies and legislation; attention towards EU policies; institutional adaptation; EU-related action of local government and attitudes towards European integration. It also compares local government in two contrasting regions with regard to their political autonomy – North Rhine-Westphalia in Germany and the North West of England.     

BUREAUCRATIC RESPONSIVENESS: EFFECTS OF ELECTED GOVERNMENT,PUBLIC AGENDAS AND EUROPEAN ATTENTION ON THE UK BUREAUCRACY

What determines the bureaucratic agenda? This article combines insights from models of bureaucratic behaviour with agenda‐setting models of government attention to test the effects of elected government, public, and EU agendas on the bureaucratic agenda. Using time series cross‐sectional analyses of subject and ministry coded data on UK statutory instruments from 1987 to 2008, I find strong effects for both the elected government and EU legislative agendas on UK statutory instruments. Furthermore, by breaking the data into different sets based on their relationship with the EU, several logical differences in these effects are found. These results include the EU agenda having exclusive influence on instruments implementing EU directives, and the UK agenda being the sole driver of bureaucratic attention on those instruments that mention the EU but do not implement EU legislation. This article opens a new avenue for research on bureaucracy by approaching it as a unique policy‐making institution.     

SUPRANATIONAL GOVERNANCE OR NATIONAL BUSINESS‐AS‐USUAL? THE NATIONAL ADMINISTRATION OF EU STRUCTURAL FUNDS IN THE NETHERLANDS AND DENMARK

The partnership principle in EU cohesion policy was introduced in order to involve subnational authorities and interest organizations in policy formulation and implementation. In this article we examine how the member states have reacted to this call for a new way of making public policy. We argue that the multi‐level governance literature and the critics of the multi‐level governance framework have not examined implementation structures properly, but have focused on regional influence. We conduct a comparative analysis of the Dutch and Danish implementations of the European Social Fund and the European Regional Development Fund. Our findings show that when examining implementation structures it becomes clear that member states are in full control of the re‐allocation of EU funds. They show that Denmark and The Netherlands have been able to absorb EU cohesion policy within already existing national implementation structures of labour market policies and regional development. One central theoretical implication of our study is that the focus of studies of any fundamental re‐allocation of power resources in cohesion studies should comprise the entire network of implementation rather than the strategies of its individual component actors.     

Integration,functional differentiation and problem‐solving in multilevel governance

The European Union (EU) is currently facing unprecedented challenges to its problem‐solving capacity, such as those represented by pressing transnational crises and by bottom‐up criticisms towards the European integration process. Moreover, the EU is said to compensate its weak input legitimacy with an enhanced problem‐solving capacity. However, the notion of problem‐solving itself has remained remarkably vague in the multilevel governance (MLG) literature. This symposium analyses problem‐solving in different MLG settings. In this introduction, we identify procedural and operational notions of problem‐solving in MLG, and present a structural framework to guide the comparative analyses of multilevel systems along the dimensions of political integration, functional differentiation and decentralization. The contributions to the symposium illustrate how structural elements of different multilevel systems shape both the policy‐making process and the politics of problem‐solving within these systems. In doing so, they pave the way for further comparative research.     

Digital Communication between Local Authorities and Citizens in Denmark

Today options for digital communication exist in all Danish municipalities. But are local councils aware of the democratic potentials of the new forms of political communication? This article focuses on the democratic dimensions of web design. To what extent do the websites improve access to information on public affairs and stimulate participation of citizens in local politics? To answer these questions, a screening of all 275 Danish municipal websites was carried out on two dimensions: information/transparency and contact/dialogue. The findings show great variation between best and worst practice in terms of democracy. Furthermore, the findings show that size and income per inhabitant explain some of the variation, whereas the political colour of the party in office has no significance.     

The decreasing number of candidates at Danish local elections: Local democracy in crisis?

While the qualitative dimension of local political recruitment is the subject of extensive discussion in the literature, little attention has been paid to the quantitative aspect, i.e., how many candidates run for local elections. Using Danish local politics as a case study, this analysis of election report data demonstrates that the political parties show substantial rational actor behaviour when deciding the number of candidates to be put forward. The number of candidates running at Danish local elections has for the last four decades been continuously decreasing. Applying demand-side hypotheses derived from Rational Choice Institutionalism led to the conclusion that some, but not all, of the decline in the number of candidates can be attributed to changes in the institutional set-up of the Danish local elections.     

Ukraine between Russia and the European Union: Triangle Revisited

Ukraine has long been considered as a bone of contention between the EU and Russia which could eventually lead to a geographical split of the country. This interpretation, however, fails to explain the dynamic of the Ukrainian revolution and Russian–Ukrainian war. To address the deadlock in understanding the mixed dynamics of the situation in Ukraine, the article argues that the relations in the EU–Ukraine–Russia triangle are affected by the combination of choices that the Ukrainian political class, business elites and broader society make in four major dimensions: internal political practices; economic dimension; a dimension of international politics; and an ideological dimension.     

PUBLIC VALUE AND POLITICAL ASTUTENESS IN THE WORK OF PUBLIC MANAGERS: THE ART OF THE POSSIBLE

The public value framework, with its call for more entrepreneurial activities by public managers, has attracted concern and criticism about its implicit breaching of the politics/administration dichotomy. This article explores the role of political astuteness not only in discerning and creating public value, but also in enabling public managers to be sensitive to the dichotomy. We employ a conceptual framework to identify the skills of political astuteness, and then articulate these in relation to identifying and generating public value. Drawing on a survey of 1,012 public managers in Australia, New Zealand, and the UK, and in‐depth interviews with 42 of them, we examine the perceptions and capabilities of public managers in producing value for the public while traversing the line (or zone) between politics and administration. We conclude that political astuteness is essential to both creating value and maintaining allegiance to democratic principles.