The European Court of Justice and its political impact

This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the (over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.     

The Legal Obligations of Albania in the Stabilization and Association Agreement Between Albania and EU

The purpose of this article is to discuss the legal effects of the preliminary agreement between Albania and EU （European Union） on the EU and on the Albanian national legal system. The topic is ＂The Legal Obligations of Albania in the SAA （Stabilization and Association Agreement） With EU＂, and the purpose is to address the issue of harmonization and application of the obligation in the most effective way regarding the EU legislation. The method used is systematic, comparative and teleological analysis of the European and national legal systems and inherent principles and reflection on the ways of integration and coordination between them. At first the sources and features of the EU legal system will be presented. Then the application of these principles in preliminary and pre-accession agreement and through them their influence over the EU and over the national legal system of the pre-accession states will be presented. The contribution will be to argue that the preliminary agreement between EU and Albania creates legal effects both on the EU and on the national legal system of the pre-accessions countries. Their lull and effective application will be the duty of national court and legislators.     

Instrumental political support: bringing policy preferences back into explanations of EU support

There is a joint development towards Europeanisation of public policies and an increasing visibility and politicisation of European issues in EU member states. In this context, the degree of fit between individuals’ policy preferences and European norms could be expected to influence support for the EU: this support might increase when Europeanisation makes the desired policies more likely, and decrease when it hinders these policies. Multilevel analyses of the 2014 wave of the European Election Study confirms the existence of such instrumental support for the EU. The findings demonstrate that this support is shaped by policy preferences on state intervention, immigration, moral issues and environmental protection. The results also show that the impact of these policy preferences is modulated by the level of integration of the designated policy, by the weight of the policy issue in the country and, in some cases, by the level of individual political knowledge.     

Redistribution in a political union: The case of the EU

A key function of centralized budgets in federal and political unions is to act as an equalizing mechanism to support economic and social cohesion. This is also the case with the European Union's (EU) budget, which operates as a redistributive mechanism that counteracts the cross-national and cross-regional inequalities created by the single market. Despite the limits on cross-national redistribution imposed by a centrifugal system of representation, the net fiscal position of member states – what they pay to the EU budget minus what they receive from it – is very diverse and has changed quite remarkably over the last decades. In this paper, we investigate how and why the net fiscal position of each member state toward the rest of the EU changes over time. We develop a novel panel dataset (1979–2014) to study how key national and EU-level political and economic variables affect the EU redistributive dynamics. We find that redistribution via the EU budget primarily targets developments in inequality within EU member states, and that an increase in domestic unemployment may also improve the country's fiscal balance. Moreover, we find that voting power in the Council is unrelated to a more positive fiscal balance. However, we find that governments with a centre-right profile are in general more successful in improving their redistributive position vis-à-vis the other member states. This may create a problem of budgetary ‘rent extraction’.     

Assessing models of citizenship in the EU: the idea of responsive citizenship

There is an interesting debate about democracy and citizenship in the EU. Views diverge about the features of democratic deficits currently facing the EU and accordingly, about the scope for Union citizenship. The paper suggests an analytical distinction between asymmetric and symmetric normative models of dual – national and Union – citizenship. Moreover, it proposes an alternative model of dual citizenship that puts emphasis on the responsiveness of citizens vis-à-vis phenomena that undermine democratic governance and the claim for equal respect and concern. One of the main ideas of responsive citizenship is that effective democratic control should complement procedural legitimacy in the EU as a means to prevent phenomena of political domination and guardianship. This is possible through the combination of competences ascribed on citizens through national and Community legislation vis-à-vis national and Union executive bodies.     

Court pedagogies and the construction of passive ordinary citizens in the French banlieue

ABSTRACT

This article contributes to conceptualizations of the pedagogical state by analyzing judicial spaces, beyond the courtroom, as key sites of citizenship formation. I explore pedagogical sessions organized by a judicial structure in France, whose geographical proximity to seemingly non-integrated populations in the banlieue allows it to teach them the laws, rules, and institutions that support citizenship. I argue that the pedagogical court seeks to construct governable ‘passive ordinary citizens’ whose main duty is to embody and practice the basic rules of socialization – respect for others and the rule of law – in their ordinary lives as a strategy of crime prevention. In that sense, courts are able to redefine not only the procedural but the substantive elements of citizenship as well.     

Uneven inclusion: consequences of universal healthcare in Thailand

‘Post-national’ scholars have taken the extension of social rights to migrants that are normally accorded to citizens as evidence of the growing importance of norms of ‘universal personhood’ and the declining importance of the nation-state. However, the distinct approach taken by the state toward another understudied category of non-citizen – stateless people – complicates these theories by demonstrating that the state makes decisions about groups on different bases than theory would suggest. These findings suggest the need to pay more attention to how the state treats other categories of ‘semi-citizens’. This article examines the differential effects of universal healthcare reforms in Thailand on citizens, migrants, and stateless people and explores their ramifications on theories of citizenship and social rights. While the state has expanded its healthcare obligations toward people living within its borders, it has taken a variegated approach toward different groups. Citizens have been extended ‘differentiated but unambiguous rights’. Migrants have been granted ‘conditional rights’ to healthcare coverage, dependent on their status as registered workers who pay mandatory contributions. Large numbers of stateless people, however, saw their right to state welfare programs disenfranchised following passage of the new universal healthcare law before later being granted ‘contingent rights’ through a new program.     

Social Citizenship of Young People in Europe: A Comparative Institutional Analysis*

This article explains the diversity of young people’s access to social welfare by distinguishing between two models of social citizenship in a comparative analysis of 15 Western European countries. On the one hand, social citizenship can be familialized, when young people are considered as children and therefore do not receive state benefits in their own name. This form of citizenship is found in Bismarckian welfare states, based on the principle of subsidiarity. On the other hand, it can be individualized, in which case young people can be entitled to benefits in their own right, insofar as they are considered as adults. This form of social citizenship is found more in Beveridgean welfare states.     

Mediating between state and citizens: the significance of the informal politics of third-party representation in the global south

This article argues that we should take more seriously the role of intermediaries in relationships between states and citizens in the global south. More specifically it holds that the practice of mediation, the third party representation of citizens to states and vice versa, is a widespread and important political practice in this context. Largely distinct from the contentious politics and popular mobilisation of social movements, mediation is more a politics of negotiation and bargaining by representatives. Developed as an emergent analysis from multiple case studies, mediation is a broad concept that includes practices that at other times might be described as lobbying, clientelism and coercion, but that we conceptualise in terms of claiming legitimacy to speak for the poor and marginalised, and theorise in terms of a democratic deficit between formal political institutions and these groups. In addition to identifying different kinds of mediators, the article categorises mediation in terms of the orientation and nature of various mediatory practices. Lastly, the article identifies at least three explanations for mediation including the endurance of pre-democratic political relations and practices, new forms of social exclusion in post-colonial democracies and the erosion of state authority brought about by neo-liberal policies and globalisation.     

Political and social rights for second country nationals: freedom of movement and citizenship in Australasia

Agreements allowing regional freedom of movement inevitably raise questions about the citizenship status and rights of those who exercise regional mobility. In the case of the European Union, such questions have received considerable academic attention, particularly since the creation of European citizenship in 1992. Little attention has been paid to Australasia, where a long-standing freedom of movement agreement, the trans-Tasman Travel Arrangement (TTTA), permits New Zealanders and Australians to live and work indefinitely in each others' country. As the two countries pursue a single economic market, the TTTA has played a central role in facilitating the creation of a regional labour market. Changes to Australian social security and citizenship legislation, however, have meant that many New Zealanders permanently resident in Australia have limited social and political rights, and no access to citizenship. This article extends debates about whether the political and social rights of citizenship ought to be granted to second-country nationals into the Australasian context. It examines a range of arrangements by which citizenship could be protected during the current period of intense economic integration in Australasia, asking which provides the best fit with existing constitutional and political arrangements.     

The Coexistence of Different Welfare Regimes in the Same Country: A Comparative Analysis of the Brazilian Municipalities Heterogeneity

Abstract

This paper demonstrates that heterogeneous countries such as Brazil have vast differences in welfare arrangements at the sub-national level. A number of social policies (social insurance, education, health and social assistance) were analysed in 5,565 Brazilian municipalities along five dimensions: expenditure, coverage, share of private spending, family structure and poverty. The grade of membership method was used to cluster municipalities and identify the main differences in their welfare regimes. Factor analysis was also used to explore which dimensions are most relevant in characterizing these sub-national regimes. The results show highly heterogeneous institutional forms of social protection across municipalities, which are classified as social assistance, quasi-social assistance, corporative, quasi-corporative, family insurance and intermediary welfare regimes.     

The Rise of the Far Right in Debtor and Creditor European Countries: The Case of European Parliament Elections

While the 2014 European Parliament elections were marked by the rise of parties on the far right‐wing, the different patterns of support that we observe across Europe and across time are not directly related to the economic crisis. Indeed, economic hardship seems neither sufficient nor necessary for the rise of such parties to occur. Using the cross‐national results for the 2004, 2009 and 2014 EP elections in order to capture time and country variations, we posit that the economy affects the rise of far right‐wing parties in more complex ways. Specifically, we compare the experience of high‐debt countries (the ‘debtors’) and the others (the ‘creditors’) and explore the relationship between far right‐wing party success on the one hand, and unemployment, inequality, immigration, globalisation and the welfare state on the other. Our discussion suggests there might be a trade‐off between budgetary stability and far right‐wing party support, but the choice between Charybdis and Scylla may be avoided if policy‐makers carefully choose which policies should bear the brunt of the fiscal adjustment.