Accountability in the EU's para-regulatory state: The case of the Economic and Monetary Union

This article revisits Majone's famous argument about accountability in the regulatory state in reference to the European Union's (EU) Economic and Monetary Union. We show that the EU has entered the stage of a “para-regulatory state” marked by increasing EU regulation in areas linked to core state powers. Despite the redistributive and politicized nature of these policy areas, the EU's “para-regulatory state” has continued to rely on its regulatory model of accountability, focused on decisionmaking processes, and interest mediation. In line with Majone, we describe the model as procedural and contrast it to substantive accountability – which is necessary when regulation has clear redistributive implications. Using two case studies from fiscal policy and monetary affairs, we illustrate the predominance of procedural accountability as exercised by the European Parliament and EU Courts. We complement the empirical analysis with a normative discussion of how substantive accountability could potentially be rendered in both fields.     

构建智能环路监管机制——基于数字金融监管的新挑战

面对金融科技的创新与发展,传统监管机制显现出监管滞后、监管失效等方面的无力和脱节。数字金融监管在风险控制、监管方式、监管模式上面临新挑战,应以科技化监管为核心,借助大数据、人工智能等新型科技手段,实现风险的综合动态监测,推动监管向科技型、统筹型转变。在金融智能监管系统的基础上,构建由事前准入及测试、事中实时动态监测、事后风险处置反馈系统组成的智能环路监管机制。     

Distribution of Chemical Phenotypes (Chemotypes) in European Agricultural Hemp (Cannabis sativa L.) Cultivars

In Europe, more than 50 approved cultivars of fiber hemp (Cannabis sativa L.) are in agricultural production. Their content of psychoactive tetrahydrocannabinol (THC) is legally restricted to <0.2% (%w/w in the dry, mature inflorescences). Cannabis strains with much higher THC contents are also grown, illegally or under license for drug production. Differentiation between these two groups relies on biochemical quantification of cannabinoid contents in mature floral material. For nonflowering material or tissue devoid of cannabinoids, the genetic prediction of the chemical phenotype (chemotype) provides a suitable method of distinction. Three discrete chemotypes, depending on the ratio of THC and the noneuphoric cannabidiol (CBD), can be distinguished: a “THC-predominant” type, a “CBD-predominant” type, and an intermediate chemotype. We present a systematic genetic prediction of chemotypes of 62 agricultural hemp cultivars grown in Europe. The survey reveals the presence of up to 35% B_T allele-carrying individuals (representing either a THC-predominant or an intermediate chemotype) in some cultivars—which is unexpected considering the legal THC limit of 0.2% THC. The fact that 100% of the seized drug-type seeds in this study revealed at least one B_T allele, reflects that plant breeding efforts have resulted in a fixation of the B_T allele in recreational Cannabis. To guarantee a sincere forensic application based on a genetic chemotype prediction, we recommend not to classify material of unknown origin if the samples size is below nine genetically independent individuals.     

European ruling parties’ electoral strategies and overseas enfranchisement policies

Emigrants’ ideologies and partisan attitudes may diverge from other voters’: overseas voters are ideologically self-selected, receive distinctive information about campaigns and have experiences abroad that are likely to shape their political views. Parties, anticipating these emigrant attitudes, can manipulate overseas voting availability to give the vote primarily to their own supporters. Alternatively, parties may expect newly enfranchised voters to provide electoral support in gratitude for the right to vote. To distinguish these separate processes, this project undertakes a case study of Turkey to trace a ruling party's strategic expectations as it makes overseas-enfranchisement decisions. To see how generalisable these results are, the study further extends to a statistical analysis of differences in vote choice between voters at home and abroad across all 23 European countries that report overseas votes separately, using an original dataset encompassing 121 elections. Both the case study and the statistical analysis suggest that emigrant-enfranchising parties tend to garner overseas voters’ support in a lasting way. This suggests that overseas enfranchisement most often appears to involve incumbent parties (correctly) expecting long-term ideological compatibility with their overseas nationals, not simply exchanging the franchise for short-term, transactional support.     

Why change party finance transparency? Political competition and evidence from the ‘deviant’ case of Norway

This article focuses on the development of a key type of regulation ensuring public surveillance of political finance: party finance transparency rules. It makes two contributions to the emerging theory on the evolution of political finance regulation. First, using previous research, it conceptualises the underlying causal mechanisms that explain when and why party finance transparency regulation changes. Second, it presents the first detailed study of party finance transparency reforms in Norway, which is a deviant case for the introduction of such reforms. It is found that, in the absence of major scandals, an intense political discourse on corruption and political competition are sufficient factors to launch transparency reforms. Whether reforms are enacted depends on the interaction of several factors. Parties that predominantly rely on state funding and grassroots support push for and adopt more constraining transparency regulation, while parties that are close to business oppose it. Experience of regulation in similar contexts and intense discourse on corruption – stimulated by domestic or international events – are necessary for the reform to succeed. Norwegian cooperation with the Group of States against Corruption (GRECO) further demonstrates that the success of party finance transparency reforms initiated by a foreign actor is a function of the existing tradition of party regulation, the policy position of a governing party and the international reputational costs of non-compliance.     

Does regulating remuneration affect the market value of European Union banks? Large versus small/medium sized banks

The aim of this paper was to analyze equity market reactions to the mandatory European Union regulation of remuneration policies in financial institutions. Using event study methodology, we investigated market reactions to the first European Directive on compensation policies after the financial crisis using a sample of 124 banks operating in the European Union. We divided the sample into two groups according to bank size considering four criteria: the US Dodd‐Frank Act 2010, the Liikanen Report 2012, Global Systemically Important Banks 2011, and the European Central Bank 2014. We found strong evidence of an average negative market reaction to compensation regulation. Moreover, this negative reaction is stronger for large banks than for small/medium sized banks.     

Anatomy of agency capture: An organizational typology for diagnosing and remedying capture

Recent crises and disasters in regulated industries have renewed scholarly attention to regulatory capture. The present research incorporates and builds on these efforts by creating a typology to help researchers and practitioners organize the capture literature. The typology has two dimensions: the degree of coordination within the regulated industry, the agents of capture; and the scope of capture within the agency and elected officials, the targets of capture. I illustrate the utility of the typology by using a case study of banking regulation before the 2008 global financial crisis. The case study uses process‐tracing methodology to weigh evidence about the role and scope of capture in creating the crisis. The contributions of this research are twofold. First, for capture theory, the typology assists in organizing the disparate, multidisciplinary research on capture mechanisms and remedies. Second, for practice, this organization can lead to more accurate diagnoses about the scope of capture and suggest appropriately tailored remedies.     

Hype,disillusionment and capacity problems: Turkish Cypriot media and the European Union

Since the failed 2004 Annan Plan referendum, a special relationship between the Turkish Cypriot community and the EU institutions has been established. Increased unofficial contacts have paved the way for a reinforced role of sub-state actors, including Turkish Cypriot media. The role of the Turkish Cypriot media in shaping public opinion towards the EU has been largely correlated with the course of the Cyprus negotiations. Weak institutionalisation has negatively affected the influence of the local media on advancing the sui generis relationship between the Turkish Cypriot community and the European Union, as well as Europeanisation in the northern part of Cyprus. This article applies the theoretical framework of horizontal and vertical Europeanisation to explore the impact of local media on the relations between the European Union and the Turkish Cypriot community.     

A European response to non-compliance: the Commission’s enforcement efforts and the Common European Asylum System

This article aims at systematically analysing the European Commission’s effort to enforce compliance with the Common European Asylum System (CEAS). In recent years, human rights organisations have increasingly denounced EU member states’ violations of the right to asylum and accused the EU of turning a blind eye to non-compliance with the CEAS. Although the primary responsibility to implement EU law lies with member states, the Commission ought to assist them and enforce violated legislation. How exactly does the Commission react to member states’ non-compliance with the CEAS? What can be inferred from these insights? By using infringement data, policy documents, and complementary interviews, the article scrutinises which of the available instruments are applied de facto. Subsequently, the findings are critically discussed, suggesting that the Commission prefers capacity-enhancing instruments and is rather tentative in using instruments to increase member states’ willingness to comply.     

Courts and the politics of secrecy: national security,human rights and the importance of supranational oversight

Abstract

The article examines the use of state secrecy in court litigation concerning alleged gross human rights violations committed in the struggle against terrorism, focusing specifically on cases of extraordinary rendition and comparing the performance of courts in the United States, in Italy and the European Court of Human Rights (ECtHR). The article explains that national courts have validated the assertion by national governments of the state secret privilege in litigation involving cases of extraordinary rendition, ensuring de facto immunity to individuals involved in gross human rights abuses. On the contrary, it underlines that the ECtHR has pierced the veil covering these ‘deep secrets’, undertaking a strict scrutiny of acts of extraordinary rendition to torture committed by governments in the name of national security. As the article argues, the success of the ECtHR can be explained by a number of reasons, including distance, time and institutional design. In conclusion, the case law of the ECtHR on secrecy and national security confirms the continuing importance of supranational courts as instruments of external oversight on the human rights practice of European states.