The Politics of 'Eurocratic' Structure and the New European Agencies

The establishment of agencies at the European level is one of the most notable recent developments in EU regulatory policy. This article examines how politics has shaped the design of EU regulatory agencies. Building on the American politics literature on delegation, the article explains how principal-agent concerns and political compromise have influenced agency design in the EU context; shows how conflicts between the EU's primary legislative actors - the Council and the Parliament - and its primary executive actor - the Commission - have influenced the design of new bureaucratic agencies; and discusses how the growing power of the European Parliament as a political principal has changed the politics of agency design.     

Political secrecy in Europe: crisis management and crisis exploitation

Abstract

This article theorises the relationship of crisis and political secrecy in European public policy. Combining the literatures on crisis management and securitisation, it introduces two distinct types of crisis-related secrecy. (1) Reactive secrecy denotes the deliberate concealment of information from the public with the aim of reducing immediate negative crisis consequences. It presents itself as a functional necessity of crisis management. (2) Active secrecy is about substantive or procedural secrecy employed by authority-holders to implement their interests with fewer restraints. Here, secrecy is an instrument of crisis exploitation, reducing obstacles to extraordinary measures. This distinction is based on an understanding of authority-holders as simultaneous legitimacy- and discretion-seekers whose secrecy politics depend on the constraints and opportunities presented by crises. In order to illustrate active and reactive secrecy, the article uses examples from the euro crisis (Eurogroup summitry, ECB sovereign bond purchases) and the security crisis after 9/11 (terror lists).     

Politicians,regulators, and regulatory governance: The neglected sides of the story

We offer a series of reflective insights about the state and direction of studies related to the politics of regulation. Notably we argue that the field is characterized by persisting divisions between Americanists and Europeanists. Largely focused on the actions taken by political principals, the former regularly report a substantial politicization of regulatory behavior. Reflecting on recent developments in US politics however, we show that political influence could be overestimated in the United States. Symmetrically, this same influence could be underestimated by Europeanists, who for now have largely focused on regulators and agencies. This is notably suggested by a discussion of recent development in European politics, as revealed by contributions systematically measuring agency politicization in Western European democracies. On this basis, we identify some promising research questions and agendas for future studies on the politics of regulation.     

Materials and devices of the public: an introduction

Abstract

This introduction provides an overview of material- or device-centred approaches to the study of public participation, and articulates the theoretical contributions of the four papers that make up this special section. Set against the background of post-Foucauldian perspectives on the material dimensions of citizenship and engagement – perspectives that treat matter as a tacit, constituting force in the organization of collectives and are predominantly concerned with the fabrication of political subjects – we outline an approach that considers material engagement as a distinct mode of performing the public. The question, then, is how objects, devices, settings and materials acquire explicit political capacities, and how they serve to enact material participation as a specific public form. We discuss the connections between social studies of material participation and political theory, and define the contours of an empiricist approach to material publics, one that takes as its central cue that the values and criteria particular to these publics emerge as part of the process of their organization. Finally, we discuss four themes that connect the papers in this special section, namely their focus on (1) mundane technologies, (2) experimental devices and settings for material participation, (3) the dynamic of effort and comfort, and (4) the modes of containment and proliferation that characterize material publics.     

Confessing Secrets: Secret Communication and the Origins of Modern Science

During the Renaissance there was an explosion of interest in secret communication when political intrigue and war intersected with new scientific developments. This article shows how leaders of the Scientific Revolution who espoused openness in science, reconciled that ethos with the need for secrecy in affairs of state.     

Contestation and co-optation: why secrecy in EU external relations varies

Abstract

The question posed in this article is how to explain that the governance of secrecy in EU external relations varies. While the Common Foreign and Security Policy appears to retain its secretive character, the EU’s external trade policy has recently seen a shift towards more transparency. This article argues that to understand this variation, one has to take into account the institutional power of the European Parliament as well as the extent to which the rules and practices of secrecy are perceived as legitimate. The empowerment of the Parliament in trade means that it has had recent success in pushing back secrecy in this area. However, a general finding is that the majority of parliamentarians seem only rarely to question the executive’s governance of secrecy in external relations. The analysis shows that perceptions of legitimacy are crucial to account for different secrecy regimes – a finding that is likely to be relevant for the understanding of secrecy in foreign policy beyond the EU.     

Leaking,leak prevention,and decoupling in public administrations: the case of the European Commission

Abstract

The European Commission is frequently faced with leaks, much like other public administrations in Western democracies. While executive leaders often criticise the practice of leaking as an unwanted breach of confidentiality and secrecy, leak prevention is usually not taken seriously compared to the scale of the phenomenon. This article discusses leaking and leak prevention more broadly and analyses the efforts of the European Commission to prevent leaks. It finds that leaking and leak prevention were regularly discussed at the highest level of the EU’s executive between 2006 and 2015. However, few Commission officials have been sanctioned for leaking in that period, and mostly for leaks that appear unrelated to the substance of those discussed at the political level. This mismatch is explained by a decoupling of talk and action regarding leak prevention, allowing the European Commission and other public administrations to manage inconsistencies in competing internal and external demands for openness and confidentiality.     

Are Europeans ready for a more democratic European Union? New evidence on preference heterogeneity,polarisation and crosscuttingness

Some scholars and policy makers argue in favour of increasing democratic contestation for leadership and policy at the European level, for instance by having European‐wide parties campaign for competing candidates for President of the European Commission ahead of European Parliament elections. But do such changes put the survival of the European Union at risk? According to the consociational interpretation of the EU, the near absence of competitive and majoritarian elements has been a necessary condition for the stability of the EU political system given its highly diverse population. This article contributes to the debate in two ways. First, it develops a more precise understanding of ‘problematic’ diversity by examining how three variables – the heterogeneity, polarisation and crosscuttingness of citizen preferences over public polices – affect the risk of democratic contestation generating persistent and systematically dissatisfied minorities. Second, it uses opinion surveys to determine whether the degree of diversity of the European population is problematically high compared to that of established democratic states. It is found that the population of the EU is slightly more heterogeneous and polarised than the population of the average Member State, although policy preferences in several Member States are more heterogeneous and polarised than the EU as a whole. Strikingly, however, policy preference cleavages are more crosscutting in the EU than in nearly all Member States, reducing the risk of persistent minorities. Moreover, policy preferences tend to be less heterogeneous and polarised, and nearly as crosscutting, in the EU as a whole as in the United States. For observers worried about how high polarisation and low crosscuttingness in policy preferences may combine to threaten democratic stability, these findings should be reassuring.     

Converging on euroscepticism: Online polity contestation during European Parliament elections

Does the increasing politicisation of Europe signify a step towards the legitimation of the Union? This could be the case if the increased public intensity of debate and polarisation of opinion brought about by politicisation do not fragment the audience and if arguments presented in public are sufficiently clear about the desired nature of the polity. To answer this question, the focus of this article is on dynamic contestation in the public sphere using original data of news platforms and political blogs in 12 EU Member States and transnational websites during the European Parliament election campaign of 2009. The results are, first, that diffuse eurosceptic evaluations dominate public debates despite large variation in the intensity of debate across Member States. Second, a majority of evaluations made, particularly those by citizens leaving comments online, are negative in all countries included in this study. A gap between elites and citizens persists, but it appears less pronounced than often proclaimed in the literature. And third, democracy is a primary concern in EU polity contestation, especially for those evaluating the EU negatively. Although little evidence is found of a fragmentation of audiences, the prominence of diffuse euroscepticism poses a major challenge to legitimation of the Union.     

Toward a Feminist Counter-geopolitics: Gender,Space and Islamist Politics in Istanbul

Geopolitical reasoning privileges the global scale as the locus of spatialised power relations. For the past 20 years, Islam and Islamist politics have figured prominently in geopolitical discourses of international conflict. This paper puts forth a feminist counter-geopolitics that focuses on how Islamist political practices and discourses are written into everyday life and urban spaces. Approaching political activity as comprising both formal voting behaviour and informal associational activities, this study uses survey and focus group data (collected in Istanbul in 1998/99) to explore gender and Islamist politics at national and local scales. Exploring women's activities within both formal and informal urban political spaces, the study reveals some of the ways in which women participate in the daily production and contestation of Islamist politics in Istanbul.     

Reconceptualizing European Union regulatory networks: A response to Blauberger and Rittberger

This article responds to Michael Blauberger and Berthold Rittberger's article “Conceptualizing and theorizing EU regulatory networks,” published in Regulation & Governance in 2015. Blauberger and Rittberger challenged our previous work on the politics of Eurocracy, disputing our argument that political considerations, not functional ones, explain the choice of bureaucratic structure in the European Union (EU). Blauberger and Rittberger suggest that functional considerations do indeed explain why policymakers sometimes prefer governance through European Regulatory Networks rather than through more centralized EU agencies, and argue that we have misunderstood the preferences of EU legislative principals. In this article, we argue that there are significant flaws in Blauberger and Rittberger's analysis on both theoretical and empirical grounds. We show that a proper interpretation of developments in both telecoms and competition lends support to our theoretical claims and not those offered by Blauberger and Rittberger.     

Dimensionality,ideology and party positions towards European integration

The rise of political contestation over European integration has led many scholars to examine the role that broader ideological positions play in structuring party attitudes towards European integration. This article extends the existing approaches in two important ways. First, it shows that whether the dimensionality of politics is imagined in a one-dimensional ‘general left?right’ form or a two-dimensional ‘economic left?right/social liberal-conservative’ form leads to very different understandings of the way ideology has structured attitudes towards European integration, with the two-dimensional approach offering greater explanatory power. Second, existing approaches have modelled the influence of ideology on attitudes towards European integration as a static process. This article shows that the relationship between ideology and European integration has changed substantially over the history of European integration: divisions over social issues have replaced economic concerns as the main driver of party attitudes towards European integration.     

Problems and process: European merger control and how to use it

This paper seeks to explore some of the public affairs principles involved in the EU mergers and acquisitions regulatory process, which affects most corporate restructuring of a European scope. Following a brief overview of the EU merger review process and the main role of public affairs in such cases, the paper explores some of the more sensitive issues that demand public affairs activities, and issues that are raised by public affairs activities. The paper focuses on the open nature of the EU merger review process, which allows for wide consultation; the imperfections within the EU merger review process, which lead to confusion as to where the exact point of decision lies; and the fact that the process is only quasi‐legal, so that competition policy and industrial policy considerations may filter into the regulator's assessment. The impact of politics is also explored; from high‐profile political interventions to low‐key political negotiations. Finally, there is a review of the perception of lobbying and the question of the legitimacy of the public affairs discipline in the context of EU merger control. Copyright © 2004 Henry Stewart Publications     

Secrecy and the making of CFSP

Abstract

How can we understand the role of secrecy in the making of the European Union’s Common Foreign and Security Policy (CFSP)? This article analyses the nature of secrecy and questions some of the main assumptions surrounding the concept. In this respect, it argues that secrecy may be of functional necessity for policy-makers and actually compatible with good governance. Moreover, we must not put too much stock in transparency alone in that the relationship between secrecy and transparency is not zero-sum ? historically, transparency has sometimes been an instrument of control and domination. The article considers the case of the Common Security and Defence Policy (CSDP) to shed light on what kind of secrecy exists in the foreign policy area, and argues that this is mainly a combination of functional and compound secrecy.     

Learning-Shaping Crises: A Longitudinal Comparison of Public Personnel Reforms in Italy, 1992‒2014

Abstract

This article analyses the attempts to reform public administration, notably personnel management, in Italy between 1992 and 2014, with a focus on implementation and the period following the multiple crises that have unfolded since 2008. By untangling the policy learning processes between multiple crises, past reform attempts and domestic and European “contexts in motion”, the article finds that efficiency-oriented reforms have floundered regardless of the political color of governments or indeed of the nature – political or technocratic – of the governments. Domestic factors, notably the frequency of government alternation, i.e. government instability, and European pressure have further reinforced the orientation towards single-loop lessons, i.e. the almost exclusive effecting of short-term cost-cutting measures.     

Second order secrecy and Europe’s legality mosaics

Abstract

In today’s information society the citizen is ever more visible to government and to private companies while paradoxically government itself becomes ever more secret. This asymmetry is not caused by secrecy implying deliberate or intentional concealment of information. Rather, it results from systems of secrets held by remote or non-visible public and private actors, having been put together in an invisible manner. Second order secrecy is enhanced in the EU by the composite character of EU administration. In the EU it is the courts ? and not the legislature or the administration ? that are playing an active role in addressing bits of the transparency paradox for the citizen from the perspective of legality and the rule of law. Three different aspects of EU governance are explored from the legal perspective: terrorist blacklists, interoperable security administration and mandatory data retention and transfer.     

Recurring Tensions between Secrecy and Democracy: Arguments about the Security Service in the Dutch Parliament, 1975–1995

There is a recurring tension between secrecy and democracy. This article analyzes the continually ambiguous relations between intelligence and security agencies and their parliamentary principals. I present a novel conceptual framework to analyze political relations influenced by secrecy. I draw on Albert Hirschman's concepts of exit, voice and loyalty and Max Weber's ideal types of the ethics of conviction and responsibility. The focus is a case study of the Dutch parliament and Security Service between 1975 and 1995. The analysis demonstrates how parliament can deal constructively with the secret services. This depends both on party-political responses to secrecy and strategic responses on the part of the secret services to deteriorating relationships with parliament.     

Information sharing,secrecy and trust among law enforcement and secret service institutions in the European Union

Abstract

Transnational information sharing among security agencies in the European Union and beyond has grown considerably more important over the past decades. Centralised databases and numerous formal and informal networks now facilitate cooperation and information sharing. However, sharing intelligence may not only conflict with the protection of fundamental rights (data protection/privacy; presumption of innocence), but also with the organisational culture of institutions that are built upon secrecy. Police agencies often keep knowledge about individual cases and their strategies secret as long as possible. Intelligence services build their work and strategies upon secrecy even more. This paper analyses the variations of secrecy that can be observed for police agencies and secret services, and the relationship between information sharing among security agencies, secrecy, trust, transparency and accountability. In a normative perspective, the paper explores answers to the questions of how secret the work of security agencies should be in democratic rule of law systems and how accountability can be improved without making these institutions work less effectively.     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.     

The economy of secrecy: security,information control,and EU‒US relations

Abstract

This article develops an ‘economy of secrecy’ as a framework to understand how secrecy regulates interstate relations and to explicate why states react differently to breaches of secrecy. Drawing upon Simmel, the article argues that secrecy shapes interstate relations by tuning the ratio of ‘knowledge’ and ‘ignorance’. Furthermore, while the economy of secrecy acknowledges the existence of many types of secret, it emphasises their common underlying mechanisms, namely: secrecy as a field of power, secrecy as a field of performance, and secrecy as a normative terrain. Finally, the economy of secrecy is agnostic with regard to the moral character of promoting secrecy. In order to substantiate the argument, the article examines three recent iterations of how secrecy has disrupted EU?US relations: extraordinary renditions, WikiLeaks, and Snowden’s revelations. In addition to showcasing how the economy of secrecy operates, these examples contribute to our understanding of how secrecy affects information flow and dissemination in world politics.