The weakness of strong policies and the strength of weak policies: Law,experimentalist governance,and supporting coalitions in European Union health care policy

The experience of European Union (EU) health care services policy shows the importance of supporting coalitions in any effort to effect policy change and the extent to which the presence or absence of such coalitions can qualify generalizations about policymaking. EU health care services law is substantively liberalizing and procedurally driven by the courts, with little legislative input. But the European Court of Justice (ECJ) has been much better at establishing an EU competency in law than in causing policy development in the EU or member states. Literature on courts helps to explain why: courts are most effective when they enjoy supporting coalitions and the ECJ does not have a significant supporting coalition for its liberalizing health care services policy. Based on interview data, this article argues that the hard law of health care services deregulation and the newer forms of health care governance, such as the Open Method of Coordination and the networks on rare diseases, depend on supporting coalitions in member states that are willing to litigate, lobby, budget, decide cases, and otherwise implement EU law and policy. Given the resistance that the Court has met in health care sectors, its overarching deregulatory approach might produce smaller effects than expected, and forms of experimentalist governance that are easy to deride might turn out to have supporting coalitions that make them unexpectedly effective.     

Die Umsetzung von EU-Richtlinien im Zeichen der Parteipolitik: Eine akteurszentrierte Antwort auf die Misfit-These

Recent debates about the problem-solving capacity of supranational governance within the EU form the background of this paper, which explores the causal conditions for correct and timely transposition of EU directives. In this context, some scholars have pointed to the degree of fit or misfit between European demands and existing national structures and traditions as one of the major factors determining implementation performance. On the basis of empirical evidence from the transposition of six labor-law directives in four member states, the paper demonstrates the limited explanatory power of this approach. Instead, it stresses the importance of domestic party politics and discusses the implications of this finding for the governance capacity of the EU.     

Judicial Europeanisation: The Case of Zambrano in Ireland

The Court of Justice of the European Union is an important motor of integration and is said to be particularly strong in those cases where the Council shows an inability to act. What is the relevance of the Court to social Europe? Europeanisation studies analyse how member states change due to European integration. Judicial Europeanisation is a topic that is under-explored in the literature. Using a case-study approach, this paper analyses the Zambrano case, one of the most notable recent cases of judicial activism of the CJEU with regard to EU citizenship rights. Although the literature often assumes that member states only reluctantly embrace the requirements of case law, the Irish government immediately obliged its administration to implement the required changes. Analysing this case in greater detail and comparing it to the responses of several other member states promises to shed some light on the under-explored question of how Europeanisation through case law proceeds, and what the Court may contribute to social Europe.     

Regional inequality and institutional trust in Europe

Inequality is a central explanation of political distrust in democracies, but has so far rarely been considered a cause of (dis-)trust towards supranational governance. Moreover, while political scientists have extensively engaged with income inequality, other salient forms of inequality, such as the regional wealth distribution, have been sidelined. These issues point to a more general shortcoming in the literature. Determinants of trust in national and European institutions are often theorized independently, even though empirical studies have demonstrated large interdependence in citizens’ evaluations of national and supranational governance levels. In this paper, we argue that inequality has two salient dimensions: (1) income inequality and (2) regional inequality. Both dimensions are important antecedent causes of European Union (EU) trust, the effects of which are mediated by evaluations of national institutions. On the micro-level, we suggest that inequality decreases a person's trust in national institutions and thereby diminishes the positive effect of national trust on EU trust. On the macro-level, inequality decreases country averages of trust in national institutions. This, however, informs an individual's trust in the EU positively, compensating for the seemingly untrustworthiness of national institutions. Finally, we propose that residing in an economically declining region can depress institutional trust. We find empirical support for our arguments by analysing regional temporal change over four waves of the European Social Survey 2010–2016 with a sample of 209 regions nested in 24 EU member states. We show that changes in a member state's regional inequality have similarly strong effects on trust as changes in the Gini coefficient of income inequality. Applying causal mediation techniques, we can show that the effects of inequality on EU trust are largely mediated through citizens’ evaluations of national institutions. In contrast, residing in an economically declining region directly depresses EU trust, with economically lagging areas turning their back on European governance and resorting to the national level instead. Our findings highlight the relevance of regional inequality for refining our understanding of citizens’ support for Europe's multi-level governance system and the advantages of causal modelling for the analysis of political preferences in a multi-level governance system.     

Transposition and National-Level Resources: Introducing the Cross-Border Healthcare Directive in Eastern Europe

The Cross-Border Patients’ Rights Directive represents an attempt to resolve the unclear situation that had developed due to ‘negative integration’ within the field of healthcare. While the adoption of the directive ends the EU-level decision process, it represents the start of the implementation process, where national institutional structures and interests play a key role. This article investigates the role of resources as a key factor shaping transposition within the member states, with a focus on Poland and Bulgaria. The article shows that a multidimensional perspective of resources is important for understanding transposition of EU directives in member states. While previous research has tended to consider resources at the aggregate, national level, the present study shows that specific concerns about the ‘adjustment costs’ at the sector system level are of key importance.     

Constitutional analysis: The power index approach

Abstract. A power index approach to the EU institutions gives a new perspective upon the EU institutions and their future reform. Using a standard power measure, the Banzhaf index, we show that in a group of states as the EU council, the voting power of a member state is equal to twice the individual power to block multiplied by the group's collective power to change. Political power of the member states is calculated under alternative constitutional rules for the EU, where cooperative game theory allows the derivation of power equivalences. We suggest that simple majority should be used more often in the EU council.     

Steering through Complexity: EU Environmental Regulation in the International Context

The nature of governance in the European Union (EU) and its member states is continuing to evolve as the EU develops. This paper focuses on the challenges to this governance process in the sector of environmental policy, and particularly the role of external organizations and states in providing alternate policy fora. The policy impact of these institutions and organizations leads to more actor participation in a way that EU players may not be able to anticipate or control since the EU is only one of several arenas involved. Both states and non-governmental actors actively seek to shift issues to arenas that provide them advantages. Consequently, developments in other arenas shape and are shaped by EU issues as actors pursue forum shopping. The paper presents two cases, the amendment of the Basel Convention to ban hazardous wastes export and the EU regulation of chemical risk, which demonstrate how external players can shape EU regulation.     

Explaining variation and change in supervisory confidentiality in the European Union

Abstract

Some European Union member states’ financial regulators choose to make some of the data they routinely collect on individual banks publicly available. Others treat this data as confidential. What explains this difference? This paper considers the possible effects of crises, path-dependent legal institutions, and the design of deposit insurance schemes. At the national level, the paper focuses on contrasting German and Dutch cases. After the recent economic crisis, the Dutch released more data while the German authorities maintained strict confidentiality rules. The design of deposit insurance schemes provides a key reason why the level of secrecy varies, with the Dutch move from an ex post to an ex ante scheme where the government served as the ultimate backstop leading to questions about the accounts of individual banks while the German system favoured continued secrecy. The paper also describes the level of transparency at the EU level. Multilevel legal restrictions and bureaucratic capacity tilt EU banking union practices towards member states that treat financial supervisory data as confidential.     

Politics and Markets in the Irish 'Celtic Tiger'

Ireland's rate of growth and employment creation during the 1990s far outstripped economic performance in the rest of the OECD. Competing explanations are available in accounting for these outcomes, one stressing the primacy of the market, the other focusing on political choice. A case is made for the importance of politics, particularly the successful strategic adaptation to the challenges and opportunities afforded by the completion of the Single European Market during the 1990s. Ireland, as a small open economy, needs to combine effective external adjustment with appropriate domestic adjustment policies. Two policy areas are chosen for particular attention: industrial development strategy, and social partnership arrangements. This experience has implications beyond the Irish case, as the new central European and Baltic EU member states face similar challenges of policy adaptation.     

United in diversity? The convergence of cultural values among EU member states and candidates

The European Union (EU) is considered to be a unique economic and political union that integrates most European countries. This article focuses on the cultural aspect of European integration, which has been increasingly debated over the course of deepening and widening integration and in the context of the legitimation crisis of the EU. Among the main goals of the EU is to promote certain values, which raises the question of whether it has been efficient in (or enabled) reducing cultural value gaps among the participating countries. World polity and institutional isomorphism theories suggest that cultural values may trickle down in a vertical manner from the institutions of the EU to its member states and candidates. Furthermore, hybridisation theory postulates that values diffuse horizontally through intensified interactions enabled by the EU. These two perspectives imply the possibility of cultural convergence among countries associated with the EU. By contrast, the culture clash thesis assumes that differences in cultural identity prevent value convergence across countries; growing awareness of such differences may even increase the pre-existing cultural value distances. To test these different scenarios, distances in emancipative and secular values are compared across pairs of countries using combined repeated cross-sectional data from the European Values Study and the World Values Survey gathered between 1992 and 2011. This study finds that the longer a country has been part of the EU, the more closely its values approximate those of the EU founding countries, which in turn are the most homogenous. Initial cultural distance to the founders’ average values appears irrelevant to acquiring membership or candidacy status. However, new member states experienced substantial cultural convergence with old member states after 1992, as did current candidates between 2001 and 2008. Since 1992, nations not participating in the integration process have diverged substantially from EU members, essentially leading to cultural polarisation in Europe. The findings are independent of (changes in) economic disparities and suggest the importance of cultural diffusion as one of the fundamental mechanisms of cultural change. This empirical study contributes to the literature on European integration, political and sociological theories of globalisation, and cross-cultural theories of societal value change.     

The European Union as the next step of delegation and accountability

Abstract. The Principal–Agent approach guides a comparison of the scrutiny and implementation records of the EU member states. The main argument is that there is systematic co–variation. Cross–nationally, an influential scrutiny process is associated with a strong implementation record. But because both of these variables also co–vary with the North–South dimension of EU politics, a fundamental challenge for future research is to evaluate the importance of existing between–country variation relative to the new Principal–Agent relationships that are emerging within the integration process.     

Coalitions in European Union Negotiations

Coalitions will probably become an increasingly important theme in European Union (EU) politics. The spread of decision making by majority voting promotes coalition‐building behaviour. The impending enlargement is predicted to differentiate and polarize policy standpoints within the EU. Increasing levels of policy conflict imply increased propensities for coalition building. Still, the role and nature of coalitions in EU negotiations are obscure. This article raises important research questions: What characterizes coalition building in the EU? How important are coalitions? What coalition patterns are discernible?Using data from a questionnaire to Swedish participants on EU committees, it is shown that coalitions are more frequent when majority voting occurs than when unanimity rules. Coalition behaviour is, however, important also under unanimity. The existence of consensus norms diminishes the propensity to form coalitions. As regards coalition patterns, there is a prevalence of coalitions based on policy interests and/or on cultural affinity. Contrary to conventional wisdom, consistent and durable coalition patterns seem to exist. The north–south divide is one such persistent pattern. The Swedish respondents thus reveal a close cooperation between the Nordic member states and Great Britain, whereas France and Spain are seldom approached for coalition‐building purposes. As to future research, evidence from other member states and from case studies is needed in order to learn more about the bases for coalition building in EU negotiations.     

Friends of the Court? Why EU governments file observations before the Court of Justice

The preliminary reference procedure under which the Court of Justice of the European Union (CJEU) responds to questions from national courts regarding the interpretation of EU law is a key mechanism in many accounts of the development of European integration and law. While the significance of the procedure has been broadly acknowledged, one aspect has been largely omitted: The opportunity for member state governments to submit their views (‘observations’) to the Court in ongoing cases. Previous research has shown that these observations matter for the Court's decisions, and thus that they are likely to have a significant impact on the course of European integration. Still, little is known about when and why member states decide to engage in the preliminary reference procedure by submitting observations. This article shows that there is significant variation, both between cases and between member states, in the number of observations filed. A theoretical argument is developed to explain this variation. Most importantly, a distinction is made between legal and political reasons for governments to get involved in the preliminary reference cases, and it is argued that both types of factors should be relevant. By matching empirical data from inter‐governmental negotiations on legislative acts in the Council of the EU with member states’ subsequent participation in the Court procedures, a research design is developed to test these arguments. It is found that the decision to submit observations can be tied both to concerns with the doctrinal development of EU law and to more immediate political preferences. The conclusion is that the legal (the CJEU) and political (the Council) arenas of the EU system are more interconnected than some of the previous literature would lead us to believe.     

National Representation in International Organizations: The Seat Allocation Model Implicit in the European Union Council and Parliament

What determines the allocation of voting weights to member states in international organizations? What drives the seat and voting weight allocation in the European Parliament (EP) and in the Council of the European Union (EU)? Our objective in this article is to develop a universal logical model and to demonstrate that the resulting equation indeed captures negotiated outcomes on seat and voting weight allocations in EU institutions from their beginning. We predict seat and voting weight allocations for both the EP and the Council of the EU within one general model. Hence, we do not employ actual data on seat allocations or voting weights in either the EP or the Council of the EU, but instead, use logical constraints exclusively, as posed by the following elements: the total number of seats/voting weights ( S ), the number of member states ( N ) and, finally, their respective population size ( P_i ). Only our final model selection among several theoretical options is guided by empirical information. With no post hoc parameters used, our model fits both the Council of the EU and the EP rather well, over a time span of nearly 40 years. Inspired by the 'seat–vote equation' ( Taagepera, 1973 ) for seat allocation in national legislatures, the new 'seat–population equation' calculates the number ( S _i) of EP seats or Council voting weights of member state i as follows:     , where n =(1/log  N − 1/log  S )/(1/log  N − 1/log  P ), P being the total population (as summed over all member states). We posit that this equation is applicable to predict outcomes in practice whenever voting weight or seat allocations in international organizations are allocated on the basis of the population shares of their component entities.     

Explaining the Vientiane Action Programme: ASEAN and the institutionalisation of human rights

Abstract

Existing explanations for the emergence of human rights on the political agenda in ASEAN focus either on the role of external pressure on ASEAN member states to ‘do something’, or on the way those states copied the form, but not the function, of other regional organisations such as the EU. Both approaches tacitly acknowledge that given the strong preference for intergovernmental governance displayed by ASEAN, regardless of interpretations, that it was states that drove the institutionalisation of rights forwards. Through examining in detail the causes and consequences of the Vientiane Action Programme this article disagrees with that assertion. At crucial moments before and after 2004 it was the Working Group for the Establishment of an ASEAN Human Rights Mechanism, a track III actor, which both inserted human rights into ASEAN discussions and forged the link between protecting those rights and the continuing success of ASEAN's security goals. Through understanding the role of the Working Group as a norm entrepreneur, assisting in the localisation of human rights standards, this article suggests that existing explanations of ASEAN institutionalisation need to be revised to include a wider range of political dynamics than previously were acknowledged.     

Territorial Representation and the Opinion–Policy Linkage: Evidence from the European Union

A key feature of federal systems is the representation of subnational units by “territorial representatives” in policymaking at the federal level. How do such arrangements influence the linkage between public opinion and policy outputs? I argue that policymaking under territorial representation should be systematically skewed toward opinion in those states where citizens care about a policy issue and have a uniform view on it. This claim is tested using a novel data set of policy change in the European Union (EU), covering 211 policy issues and 6,506 observations of opinion–policy dyads. Results show that measures weighting opinion across member states by how much national citizens care about an issue are better predictors of policy change than EU‐wide mean opinion. Moreover, congruence between state‐level opinion and EU‐level policy becomes more likely, the more salient and clear‐cut opinion in a member state is. These findings refine our understanding of the opinion–policy linkage under territorial representation.     

No Common Ground: A Spatial-Relational Analysis of EU-China Relations

Journal of Chinese Political Science - It is no secret that EU member states cannot come to terms on a unified China-policy. Most studies on EU-China relations come to the conclusion that...     

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’.     

The impact of EU intervention on political parties’ politicisation of Europe following the financial crisis

Abstract

This article examines the effect of the financial crisis and economic intervention by the European Union on political parties’ politicisation of the EU within national elections. Data from the Manifesto Project for elections between 2002 and 2017 in 12 Eurozone countries is used to assess how the crisis and intervention altered the saliency, position and clarity of parties’ EU policies. The analysis shows that the crisis only led to an increase in EU saliency in those states not subjected to intervention whilst intervention is actually associated with a decrease in the saliency of the EU. In terms of increasing Euroscepticism, intervention appears to exhibit a greater effect than the crisis although the results display marked asymmetry between different parties on the left and right. The same is observed to be the case for the level of blurring that parties are engaged in to mask their EU positions. The implications of the findings suggest that economic intervention within the EU has negatively impacted democracy in intervened-in member states by reducing the manoeuvrability of parties to provide voters with clear choices on the direction of European integration.     

Experimentalist governance in the European Union: A commentary

Sabel and Zeitlin's Experimentalist Governance offers an insight into European governance in those cases where the EU institutions do not have clear competence and where member states are not prepared to accept a unified policy on a problem at hand. Experimentalist Governance identifies four steps of action: agree on common goals, have lower levels propose ways to meet goals, then report on their meeting of goals, and, finally, periodically reevaluate the review procedures. By looking at the developments in EU policymaking through the lens of experimentalist governance (EG), one obtains an appreciation of how goals might be achieved that would otherwise not likely have been achieved through the community method. Sabel and Zeitlin highlight how EG can be effective in obtaining results, integrating peers, and incorporating deliberation, and offer a different way to deal with accountability and legitimacy. This article closes by taking the next step, namely, asking what challenges EG poses to democratic processes.