National parliaments and the European Union: part of the problem or part of the solution to the democratic deficit in the European constitutional settlement?

European integration is as much an opportunity as a threat to national parliaments. The view that national parliaments have been the main losers in the process is not substantiated by empirical evidence. National parliaments have adapted their structures and procedures to keep pace with the increasing scope of integration. This process has included strengthening the constitutional powers of parliaments in some of the member states. The recognition in the Nice and Laeken declarations that national parliaments have an important role in enhancing the democratic legitimacy of the Union and the key provisions of the draft protocols on the role of national parliaments and subsidiarity adopted by the Convention on the Future of Europe will ensure that national parliaments have the opportunity and the means, if they so choose, to be closely involved in Union affairs. Constitutional change at the Union level is likely to trigger normative and procedural change in the member states.     

New Analytical Categories for Assessing EU Sanctions

There is considerable debate on why are sanctions imposed, but little agreement so far. While the only consensus is that sanctions are aimed at changing the behaviour of a target, in fact, international sanctions can also be imposed to constrain actors or send signals. Since the creation of the Union in 1992, the EU has imposed 21 autonomous restrictive measures that are difficult to understand and compare without the proper analytical tools. The application of a tripartite taxonomy of the purpose of sanctions to the cases of the EU sanctions on Belarus, Zimbabwe and Uzbekistan is used to illustrate the differences and to set guidelines for a better understanding of international sanctions.     

Government Alternation and Legislative Party Unity: The Case of Italy, 1988–2008

The large literature on legislative party unity identifies the confidence relationship, i.e. the threat of being voted out of office and losing agenda setting powers, as well as cabinet membership, as two crucial institutional sources of party discipline. However, by focusing on the dramatic change in the Italian political system following the 1994 election, the article shows that the impact of these factors on party unity (and the direction of this impact) hinge crucially on the possibility of government alternation rather than mere cabinet turnover. This is illustrated by an index of party unity that explicitly focuses on the behaviour of individual MPs derived from a roll-call analysis of the Italian Chamber of Deputies during the period 1988–2008.     

Conflict of interest,corruption or (simply) scandals?

The unprecedented municipal corruption scandals that occurred in Oslo in 1989–91 illustrate the contrasts and interrelationships between publicly-perceived scandal and actual corruption. What was depicted at the time as massive corruption has resulted in no convictions of politicians; on close examination the corrupt behavior appears to have been limited in both significance and scope, though official reports do suggest the possibility that more serious wrongdoing may have occurred. The case illustrates not only the mechanisms by which scandal is propagated, but also the contrasts between legalistic and other definitions of corruption. Analysis of four possible categories of corrupt behavior shows the difficulties of applying legalistic definitions to actual practice, and offers a clearer understanding of how corruption and scandal can diverge so sharply.     

The rise and fall of communal liability in ancient law

In ancient societies, rules of communal responsibility permitted the imposition of retaliatory sanctions on a wrongdoer's clan. These rules followed the collective ownership structure of early communities. Over time, notions of personal responsibility emerged, terminating the transfer of responsibility from one member to the whole clan. This paper intends to provide an economic explanation for this transition.     

National Parliaments in the European Union: Are There Any Benefits to Integration?

Abstract: Scholars and observers alike agree that the European Union has weakened national parliaments. This article posits that such a view, while generally accurate, ignores ways in which the EU has helped national parliaments in their function as regulators of society. It identifies two key mechanisms: precedent setting and policy transfer. First, the EU has produced laws on topics considered beyond the traditional remit of national parliaments. The EU's intervention has justified the production of unprecedented domestic laws that go well beyond the incorporation of EU principles. This has expanded the legislative reach of national parliaments. The article considers the experiences of Italy and The Netherlands in the area of antitrust. Second, the EU has fostered an environment conducive to cross‐national lesson drawing. The resulting knowledge has helped the design of more effective domestic legislative frameworks. This has confirmed the viability of national parliaments as regulatory institutions. The article examines the Open Method of Co‐ordination and its application to the areas of employment and social inclusion. It concludes with a discussion of parliaments in future Member States and in Mercosur.     

Simultaneous and Sequential Anticommons

This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a range of issues raised by the concept of property fragmentation.