Fiscal Decentralization Policies in the EU: A Comparative Analysis through a Club Convergence Analysis

Abstract

We study the degree of convergence or divergence in fiscal decentralization in the European Union over the period 1995–2015 using a club convergence approach. First, we analyze non-central expenditure and revenue as percentages of GDP, of total expenditure and of total revenue. The results for the EU-15 countries indicate some clustering, with three clubs formed when using GDP and four to five when using total revenue or expenditure. Second, we study the gap between expenditure and revenue as a proxy of fiscal responsibility. This results in three and two clubs respectively, with Denmark as the divergent country with the highest gap. Finally, we analyze potential unions of clubs and transitions. We also interpret our results taking into account variables found in the literature as determinants of fiscal decentralization. These results show how European countries are quite heterogeneous in terms of fiscal federalism and decentralization, with greater convergence in fiscal responsibility than in the other magnitudes.     

中国法学"现代化范式"之关系主义批判——评《中国法学向何处去》

邓正来教授试图凭借"中国法律理想图景"经由关系主义视角来探究和处理"应然"与"实然"、中国与西方、中华民族与世界结构的关系.然而,将关系主义批判的研究方法运用到中国法律哲学批判和建构这一研究对象上来的时候,邓正来可能会夸大一些问题,甚至可能遮蔽一些问题.我们必须在开放和厘清上述问题的基础上建构21世纪的中国法律哲学.     

欧洲共同体指令的直接效力

在欧洲共同体的所有二级立法渊源中,指令的法律效力是一个颇具争议的问题,尤其是指令在各成员国中是否具有直接效力,更是引起了诸多纷争,而《欧洲共同体条约》和《欧洲原子能共同体条约》均未对此做出规定.以欧洲法院的相关案例法为主线,对其提出的指令的纵向直接效力、协调一致解释及附带横向直接效力原则逐一进行了评析,最后得出结论:为切实有效实现欧洲共同体指令所追求的目标,欧洲法院应当重新定义其提出的指令的直接效力原则;其中,最具有关键性意义的是,应当赋予指令在自然人和法人等私人之间的横向直接效力的职能.     

Does European defence really matter? Fortunes and misfortunes of the Common Security and Defence Policy

This article examines how the defence component of the Common Security and Defence Policy (CSDP) has been revisited over the last few years. It argues that while the CSDP has grown predominantly as a security – rather than defence – policy, the latest developments that include the creation of a military headquarter, the launching of a Permanent Structured Cooperation (PESCO) and the new role for the European Commission in defence funding, attest to an evolution towards a more central EU defence policy. In the meantime, the article points to some structural impediments to the materialisation of European defence. The momentum says little about the form and finality of military operations that EU states will have to conduct so as to give a meaning to defence in a European context. Moreover, persisting divergences in the EU member states’ respective strategic cultures and institutional preferences – notably vis-à-vis NATO – are likely to continue to constrain European defence self-assertion.     

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.     

Brexit: A Cliff Edge or a Small Bump in the Road?

It is becoming increasingly accepted, not least by the Prime Minister and opposition leadership, that the negotiation of a comprehensive trade relationship with the EU is necessary to prevent the UK economy falling off a ‘cliff edge’. This concern is shaping the UK's strategy towards negotiations with the EU and has provided at least part of the motivation for the UK to consider requesting a transition period to facilitate the Brexit process. But how accurate are these fears? What evidence is there for the existence of a ‘cliff edge’? How disastrous would it be for the UK to revert to trading with the EU on the same basis as most other countries in the world, namely according to World Trade Organisation rules? This article seeks to address these issues and it highlights a number of implications for policy makers which flow from understanding the available evidence a little more clearly.     

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.     

Parallel publics? Support for income redistribution in times of economic crisis

This article investigates the dynamics of support for income redistribution in Europe. With European Social Survey data spanning 2006 to 2012, it assesses whether the Great Recession resulted in substantial parallelism or increasing polarisation in preference change across various sub‐publics. After introducing hypotheses based on claims that social groups are affected differently by economic insecurity, the article proceeds in two empirical sections. First, whereas prior research suggests that hard times fuel diverging attitudinal patterns, it is found that income groups, ideological groups and educational groups did not shift differently over time during the first years of the crisis, thus providing strong evidence for the ‘parallel publics’ hypothesis in the European context and in times of economic turmoil. Next, the article addresses the extent to which change in aggregate support for redistribution came from changes in small minorities of the population, supposed to be more responsive to their economic environment. Using multilevel analysis, it is shown that the most educated significantly contributed to the overall change more than the others. As a result, they may have been partly driving the economic mood during the first years of the Great Recession.     

EU Simulations and Engagement: Motivating Greater Interest in European Union Politics

While the effects of simulation-based courses on the knowledge of participating students may be marginal in relation to standard lecture and discussion-based courses, this article argues that the greatest leverage is gained by increasing participating students’ level of interest in the subject of study and in politics more broadly. Participants tend to become increasingly absorbed in their roles and in the politics of the institutions at the center of the simulation. To better consider this possibility, we conducted a survey of students participating in the 2015 Mid-Atlantic European Union Simulation and of appropriate control populations. The survey results indeed suggest that, much more than simply acquiring knowledge about the EU, the simulation experience serves to generate more robust interest in the subject of study.