@incollection{Joerges, author = {Joerges, Christian}, title = {Was bleibt vom Projekt der Integration Europas durch Recht?}, series = {Kulturen des Rechts: Rechtstransfer und Pluralismus in globaler Perspektive}, booktitle = {Kulturen des Rechts: Rechtstransfer und Pluralismus in globaler Perspektive}, editor = {G{\"u}nther, Klaus and Kadelbach, Stefan}, publisher = {Campus}, address = {Frankfurt am Main [u.a.]}, isbn = {978-3593399812}, abstract = {Im Zentrum des Bandes stehen Austauschprozesse, Vermischungen sowie Konflikte zwischen verschiedenen Rechtskulturen. Dabei geht es um den Transfer von Rechtsordnungen, um lokale autonome Ordnungen in Bezug auf Ordnungen mit generellem Geltungsanspruch, um neue Formen der Hybridisierung in der wechselseitigen Rezeption von Rechtsgrunds{\"a}tzen oder um die Herausbildung transnationaler Rechtsordnungen und die Frage, ob diese sich als Prozesse der Konstitutionalisierung, der Durchsetzung universaler Rechtsprinzipien oder des Managements von Pluralit{\"a}t deuten lassen.}, language = {de} } @techreport{KaskFeller2021, type = {Working Paper}, author = {Kask, Maarja and Feller, Nils}, title = {Digital Education in Europe and the EU's role in upgrading it}, doi = {10.48462/opus4-3732}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37323}, pages = {7}, year = {2021}, abstract = {A key political priority of Ursula von der Leyen's Commission is making Europe fit for the digital age. It promised to create playing rules for Artificial Intelligence (AI) within the first 100 days of its mandate. This urgency underlines the importance of digital transformation for the Commission. We have not seen the same sense of urgency regarding digital education, however. In this policy brief, Nils Feller and Maarja Kask explain why stronger EU engagement in digital education and upskilling is crucial not only for the Union's labour market but its overall competitiveness. They show where the Commission stands, what challenges it faces and how they can be addressed.}, language = {en} } @techreport{Obendiek, type = {Working Paper}, author = {Obendiek, Anke S.}, title = {Take back control? Digital sovereignty and a vision for Europe}, doi = {10.48462/opus4-3934}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-39344}, pages = {15}, abstract = {Digital sovereignty has been the buzzword of recent policy debates on digitalization, regulatory policies, and geostrategic positioning in the EU. This policy brief suggests that while the lofty concept of digital overeignty is flawed, the debate points to a key weakness in digital policy: The EU's current approach lacks consistency and vision. The EU needs lasting guiding principles for its regulatory, economic, and normative digital future that form the baseline for any kind of digital decision-making. The EU's commitment to regulation needs to be backed up by heavy public investment. This should establish conditions that foster the development of digital infrastructure, innovation systems, and tools that reflect European values and human rights. Rather than trying to catch up by excluding the outside, the EU should play to its strengths and entrench its position as a normative champion on the global level.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {Koenig, Nicole}, title = {The EU as an Autonomous Defense Actor}, doi = {10.48462/opus4-3935}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-39359}, pages = {13}, abstract = {The defence angle of European strategic autonomy remains sensitive and contested. In this chapter of a report published by the Finnish Institute of International Relations (FIIA) Nicole Koenig reviews the EU's defence cooperation initiatives since 2016 and assesses progress along the political, institutional and material dimensions of strategic autonomy. She shows that divergent national strategic cultures and threat perceptions continue to stand in the way of political autonomy while progress on the institutional and material dimensions is gradual. The renewal of Atlanticism triggered by Biden's election and the pandemic's uncertain impact on defence spending and collaboration risk broadening the persisting gap between ambition and reality. The author calls upon the EU and its member states to strengthen all three dimensions of autonomy and provides guidance for the next steps.}, language = {en} } @techreport{Redeker, type = {Working Paper}, author = {Redeker, Nils}, title = {Go big or go home. How to make European industrial policy work}, doi = {10.48462/opus4-3927}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-39279}, pages = {13}, abstract = {When it comes to industrial policy, the EU remains big in ambition but meager in substance. This is not surprising. With its renewed strategy, the EU Commission aims to follow the international trend towards more active industrial policy. However, it has to do so within a framework that was designed to discourage - indeed even prevent - the investment- centered policies at the heart of the current discussion. For the EU's industrial strategy to really have teeth, it needs new financial instruments, a stronger macroeconomic focus on growth and employment and better governance.}, language = {en} } @techreport{Schade, type = {Working Paper}, author = {Schade, Daniel}, title = {Crisis-proof Schengen and freedom of movement: Lessons from the Covid-19 pandemic}, doi = {10.48462/opus4-3929}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-39298}, pages = {18}, abstract = {The Covid-19 pandemic has restricted the freedom of travel on the European continent to an unprecedented degree. This included the reintroduction of border controls which were believed to be a thing of the past since the introduction of the Schengen Area. This policy paper explores how the uncoordinated way in which decisions on such estrictions are taken threatens the freedom of movement within the EU even beyond the pandemic. It then suggests how the rules of the Schengen Area can be reformed to ensure its proper functioning in the future.}, language = {en} } @techreport{MackGuttenberg, type = {Working Paper}, author = {Mack, Sebastian and Guttenberg, Lucas}, title = {After the German election: What's next in EU economic governance?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42434}, pages = {6}, abstract = {The new German government will face a number of unresolved issues of varying urgency when it comes to EU economic governance. In the case of the fiscal rules, there is an urgent need for a decision on how to proceed after 2022. In the medium term, the future of EU finances and economic policy coordination is open; both have undergone drastic changes as a result of the Recovery Instrument. Last but not least, the new German government must decide whether and how to break the deadlock in negotiations on completing the banking union and breathe new life into the capital markets union.}, language = {en} } @techreport{GuttenbergNguyen, type = {Working Paper}, author = {Guttenberg, Lucas and Nguyen, Thu}, title = {Nach der Wahl: Wie weiter mit der Rechtstaatlichkeit in der EU?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42457}, pages = {6}, abstract = {Der Rechtsstaat ist in vielen Mitgliedstaaten der EU unter Druck. Insbesondere Polen und Ungarn stellen durch eine immer systematischere Aush{\"o}hlung rechtsstaatlicher Prinzipien den Grundkonsens der EU als Rechtsgemeinschaft zur Disposition. Mit dem Urteil des polnischen Verfassungstribunals vom 7. Oktober 2021 erreichte diese Entwicklung ihren bisherigen H{\"o}hepunkt. Dieser Policy Brief erkl{\"a}rt die Hintergr{\"u}nde des Konflikts, zeigt Handlungsm{\"o}glichkeiten f{\"u}r die Europ{\"a}ische Kommission auf und erl{\"a}utert, welche Rolle die n{\"a}chste Bundesregierung bei der Wahrung der Rechtsstaatlichkeit in der EU spielen kann.}, language = {de} } @incollection{Bobić, author = {Bobić, Ana}, title = {Accountability Through Self-Governance in EU Economic Governance}, series = {Critical Reflections on Constitutional Democracy in the European Union}, booktitle = {Critical Reflections on Constitutional Democracy in the European Union}, editor = {Garben, Sacha and Govaere, Inge and Nemitz, Paul}, publisher = {Bloomsbury}, address = {London, UK}, isbn = {9781509933266}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42322}, publisher = {Hertie School}, pages = {149 -- 165}, language = {en} } @incollection{Bobić, author = {Bobić, Ana}, title = {(Re)Turning to Solidarity in EU Economic Governance: A Normative Proposal}, series = {Contesting Austerity: A Socio-Legal Inquiry Into Resistance to Austerity}, booktitle = {Contesting Austerity: A Socio-Legal Inquiry Into Resistance to Austerity}, editor = {Farahat, Anuscheh and Arzoz, Xabier}, publisher = {Bloomsbury Publishing}, address = {London, UK}, isbn = {9781509942824}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42330}, publisher = {Hertie School}, pages = {115 -- 134}, language = {en} } @incollection{HasselSchroeder, author = {Hassel, Anke and Schr{\"o}der, Wolfgang}, title = {Gewerkschaftliche Mitgliederpolitik vor neuen Herausforderungen}, series = {Innovation im Wohlfahrtsstaat: Neue Ideen f{\"u}r Wissenschaft und Politik. Festschrift f{\"u}r Josef Schmid (Wirtschafts- und Sozialpolitik, Bd.24)}, volume = {24}, booktitle = {Innovation im Wohlfahrtsstaat: Neue Ideen f{\"u}r Wissenschaft und Politik. Festschrift f{\"u}r Josef Schmid (Wirtschafts- und Sozialpolitik, Bd.24)}, editor = {Buhr, Daniel and Frankenberger, Rolf and Schroeder, Wolfgang and Zolleis, Udo}, publisher = {Nomos Verlagsgesellschaft}, address = {Baden-Baden}, isbn = {978-3-8487-8134-8}, publisher = {Hertie School}, pages = {99 -- 122}, language = {de} } @incollection{HasselvonVerschuer, author = {Hassel, Anke and von Verschuer, Sophia}, title = {Das Paradox der europ{\"a}ischen Mitbestimmung}, series = {Strategische Personalarbeit in der Transformation: Partizipation und Mitbestimmung f{\"u}r ein erfolgreiches HRM}, booktitle = {Strategische Personalarbeit in der Transformation: Partizipation und Mitbestimmung f{\"u}r ein erfolgreiches HRM}, editor = {Gr{\"o}bel, Rainer and Dransfeld-Haase, Inga}, publisher = {Bund-Verlag}, address = {Frankfurt}, isbn = {978-3-7663-7156-0}, publisher = {Hertie School}, pages = {757 -- 772}, abstract = {Die Personalarbeit hat sich stark ver{\"a}ndert. Pr{\"a}gend sind der demografische Wandel, neue Werte in der Arbeitswelt und technologische Transformationen, die Unternehmen, Personalabteilungen und Mitbestimmungsakteure herausfordern. Eine konstruktive Zusammenarbeit zwischen Personal- und Mitbestimmungsverantwortlichen ist - so die Botschaft dieses Buchs - der Schl{\"u}ssel f{\"u}r gute und breit akzeptierte L{\"o}sungen. Wissenschaftliche Analysen und Praxisbeispiele zeigen, dass Mitbestimmung auf Augenh{\"o}he die Zufriedenheit der Besch{\"a}ftigten erh{\"o}ht und zu einer besseren wirtschaftlichen, sozialen und {\"o}kologischen Nachhaltigkeit f{\"u}hrt. Dieses Buch er{\"o}ffnet durch seinen Dreiklang aus Wissenschaft, Arbeitgeber- und Arbeitnehmersicht neue Perspektiven f{\"u}r die strategische Personalarbeit. Die praktischen Empfehlungen greifen dabei auf betriebliche Beispiele zur{\"u}ck, in denen Personalverantwortliche und Akteure der Mitbestimmung {\"u}ber H{\"u}rden und Erfolge im beruflichen Alltag berichten. Leserinnen und Leser gewinnen so wertvolle Denkanst{\"o}ße und erhalten Gestaltungsimpulse f{\"u}r das weite Feld von Personalarbeit und Mitbestimmung.}, language = {de} } @incollection{HasselSchroeder, author = {Hassel, Anke and Schr{\"o}der, Wolfgang}, title = {Auswirkungen der Transformation auf die deutsche Sozialpartnerschaft}, series = {Perspektiven eines Industriemodells der Zukunft}, booktitle = {Perspektiven eines Industriemodells der Zukunft}, editor = {Lemb, Wolfgang}, publisher = {Metropolis}, address = {Marburg}, isbn = {978-3-7316-1475-3}, publisher = {Hertie School}, pages = {15}, abstract = {Die Sozialpartnerschaft begleitete sowohl den {\"o}konomischen Wiederaufstieg Deutschlands nach dem Zweiten Weltkrieg als auch die permanent notwendigen Anpassungsprozesse an ver{\"a}nderte wirtschaftliche, soziale und gesellschaftliche Herausforderungen. In vielen Sektoren hat die Sozialpartnerschaft ihre Pr{\"a}ge- und Gestaltungskraft jedoch eingeb{\"u}ßt. Mitgliederr{\"u}ckgang, Arbeitgeberverb{\"a}nde ohne Tarifbindung und neue Gesch{\"a}ftsmodelle sind taktgebende Treiber dieses Wandels. (...) Ist die Sozialpartnerschaft nur noch der Rahmen f{\"u}r einen etablierten, gleichwohl kleiner werdenden Club von Unternehmen und Besch{\"a}ftigten, oder gelingt es, die Reichweite wieder zu erh{\"o}hen? Werden das Prinzip der Sozialpartnerschaft und die konkrete Praxis des FTV als Rahmen revitalisiert, um die Interessenskonflikte der Dekarbonisierung und Digitalisierung im fairen Ausgleich zu bew{\"a}ltigen? Daf{\"u}r werden wir zun{\"a}chst die Fragen der Organisationsmacht auf Arbeitnehmer- und Arbeitgeberseite kl{\"a}ren, anschließend L{\"o}sungsperspektiven aufzeigen und zuletzt die Relevanz der Sozialpartner im Kontext der Transformation beleuchten.}, language = {de} } @article{FreudlspergerWeinrich, author = {Freudlsperger, Christian and Weinrich, Martin}, title = {Decentralized EU Policy Coordination in Crisis? The Case of Germany}, series = {JCMS: Journal of Common Market Studies}, journal = {JCMS: Journal of Common Market Studies}, doi = {10.1111/jcms.13159}, pages = {n/a -- n/a}, abstract = {Abstract Europeanization research found no general convergence towards centralized EU policy coordination, despite decentralized systems' comparatively slow and ineffective position-taking. Does this finding hold against the threat, urgency, and uncertainty exerted by recent years' polycrisis? We posit that decentralized systems indeed persist, albeit in a three-step reactive sequence in which situational centralization during crises dialectically reinforces decentralization in the long run. First, the prime minister's office harnesses a crisis to acquire hierarchical control of position-taking. Second, to exploit the deep expertise of the bureaucracy and maximize its bargaining power on the EU-level, it co-opts a lead ministry. Third, due to the institutional underpinnings of the decentralized system, the lead ministry, rather than the prime minister's office, eventually retains the administrative capacities created in crisis. We illustrate this causal mechanism in a comparison of the German government's EU policy coordination during the Eurozone and Schengen crises.}, subject = {-}, language = {en} } @article{WoźniakowskiMaatschMiklin, author = {Wo{\'{z}}niakowski, Tomasz P. and Maatsch, Aleksandra and Miklin, Eric}, title = {Rising to a Challenge? Ten Years of Parliamentary Accountability of the European Semester}, series = {Politics and Governance}, volume = {9}, journal = {Politics and Governance}, number = {3}, issn = {2183-2463}, doi = {10.17645/pag.v9i3.4690}, abstract = {As a result of the euro crisis, EU economic governance has been reformed and EU institutions have gained new competences regarding national budgets, with the European Semester (the annual cycle of economic surveillance of the member states) being the most prominent example. With the Commission and the Council being the main actors, and the European Parliament playing only a minor role, a debate about the democratic legitimacy of the Semester and the role of national parliaments (NPs) in this regard has unfolded. This thematic issue, therefore, addresses the question of how parliamentary accountability of the European Semester has evolved: Have NPs met the challenge by adapting to the new situation in a way that allows them to hold the executive accountable? While the contributions to this thematic issue show significant variation across NPs, overall they reveal a rather pessimistic picture: Despite several institutional innovations concerning the reforms of internal rules and procedures, the rise of independent fiscal institutions, inter-parliamentary cooperation, and hearings with the European Commissioners, NPs have remained rather weak actors in EU economic governance also ten years after the Semester's introduction. Whether recent changes linked to the establishment of the Recovery and Resilience Facility introduced in response to the Covid-19 crisis will change the picture significantly remains to be examined.}, language = {en} } @article{Woźniakowski, author = {Wo{\'{z}}niakowski, Tomasz P.}, title = {Accountability in EU Economic Governance: European Commissioners in Polish Parliament}, series = {Politics and Governance}, volume = {9}, journal = {Politics and Governance}, number = {3}, issn = {2183-2463}, doi = {10.17645/pag.v9i3.4335}, abstract = {This article analyses the interactions between the members of the Polish parliament with the European commissioners in the context of the European Semester, the annual cycle of economic coordination. The Commission drafts crucial documents in this process which assess the implementation of the Country Specific Recommendations (CSRs): the Annual (Sustainable) Growth Survey and the Country Reports. The goal of this article is to assess how the Commission is held to account by a national parliament and how this affects the level of implementation of CSRs. The findings suggest that the Commission is accountable to this national parliament, even if the form of accountability taken is rather innovative and its policy impact limited, at both the EU (the CSRs tend to be immune to Members of [national] Parliament's contestation) and the national level, as the implementation of CSRs seems to be independent of the level of their scrutiny.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {EU Talent Partnership - Fit for Purpose?}, doi = {10.48462/opus4-4017}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-40171}, pages = {8}, abstract = {On 11 June, the Commission presented its proposal for so-called "Talent Partnerships" as a framework for member states to engage strategically with selected third countries on legal migration. Based on several pilot projects, the Talent Partnerships should allow member states to address their skills needs whilst improving cooperation in areas such as readmission or migration management. This Policy Brief takes a closer look behind the illusive terminology and asks: what exactly are Talent Partnerships? After discussing their major challenges and opportunities, the Policy Brief outlines three principles that should guide the Partnerships' implementation: clear and realistic objectives, a focus on countries beyond the EU's immediate neighbourhood, and avoiding negative conditionality}, language = {en} } @techreport{NguyenRedeker, type = {Working Paper}, author = {Nguyen, Thu and Redeker, Nils}, title = {Check yourself before you wreck yourself}, doi = {10.48462/opus4-4018}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-40183}, pages = {5}, abstract = {Strengthening the EU's capacity to act in economic policy making has become a fashionable talking point on the European policy agenda. At the same time, there is little debate about the institutional preconditions to be able to live up to these ambitions. In this policy brief, Nils Redeker and Thu Nguyen argue that the combination of grand policy ambition and institutional neglect constitutes a dangerous mix. Without new financial tools and decision-making procedures, the agenda is bound to disappoint. The authors argue that the debate on EU economic sovereignty needs to start talking about real reforms or else stop raising false expectations.}, language = {en} } @techreport{RascheKohlenberger2021, type = {Working Paper}, author = {Rasche, Lucas and Kohlenberger, Judith}, title = {Fortress Europe. Lower the drawbridges}, doi = {10.48462/opus4-4024}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-40249}, pages = {3}, year = {2021}, abstract = {70 years after it was signed, the Geneva Refugee Convention is degenerating into an empty phrase. Its central promise that no one with a „well-founded fear of persecution" may be turned back stands in stark contrast to the current situation at Europe's borders. Yet, the EU, with its value-based self-image, has an essential role to play in guaranteeing the Convention's promise for the next 70 years and beyond. So even if member states will not completely abandon the construction of a „Fortress Europe", they should at least consider building rawbridges. Policy Fellow Lucas Rasche and Migration Scholar Judith Kohlenberger explain how.}, language = {en} } @techreport{Nguyen2021, type = {Working Paper}, author = {Nguyen, Thu}, title = {The Commission is political: Time to act upon this truth in the run-up to 2024}, doi = {10.48462/opus4-4025}, pages = {4}, year = {2021}, abstract = {How 'political' can and should the European Commission be? This question is a long-standing one. On the one hand, European integration demands more and more political and distributive choices to be taken at European level. On the other hand, there is the fear that a political Commission would undermine its own role as the neutral, objective guardian of the Treaties. In this policy brief, Thu Nguyen revisits the concept of a 'political Commission' and argues for a reinforcement of its political character in the run-up to the 2024 European elections.}, language = {en} } @techreport{Nguyen2021, type = {Working Paper}, author = {Nguyen, Thu}, title = {A matter of principle: An infringement procedure against Germany}, doi = {10.48462/opus4-4026}, pages = {3}, year = {2021}, abstract = {On 9 June 2020, the European Commission announced that it is bringing an infringement procedure against Germany because of the PSPP judgment of its Federal Constitutional Court. On 5 May 2020 the German Court had declared a ruling by the European Court of Justice ultra vires and therefore not legally binding on Germany. In this policy position, Thu Nguyen argues that the Commission is right to initiate an infringement procedure against Germany: It is a matter of principle and a signal that the Commission, as the guardian of the Treaties, will not accept breaches of EU Treaty obligations, no matter the member state or authority in breach of EU law.}, language = {en} } @article{DawsonBertolini, author = {Dawson, Mark and Bertolini, Elena}, title = {Fundamental Rights as Constraints to and Triggers for Differentiated Integration}, series = {Swiss Political Science Review}, volume = {27}, journal = {Swiss Political Science Review}, number = {3}, doi = {10.1111/spsr.12443}, pages = {637 -- 653}, abstract = {When looking for possible constraints on Differentiated Integration, the fundamental values of the European Union (EU) seem an obvious starting point. Both the Charter of Fundamental Rights and the values articulated in Art. 2 TEU are cross-cutting across EU states. However, while fundamental values have acted as centralising devices in other federal settings, in an EU context marked by extensive value disagreement, they may also act as pathways for differentiation. Insofar as national constitutional orders disagree on the scope of EU rights, attempts to ground EU law in fundamental values trigger inevitable interpretive conflicts across states. This paper will use the examples of asylum and the European Arrest Warrant to demonstrate this argument: while EU law may use fundamental values as a reason to harmonise EU law across states, such values may also be invoked to question the principle of mutual trust underlying the EU legal order, thereby causing rather than limiting differentiation.}, language = {en} } @techreport{WalterFranke, type = {Working Paper}, author = {Walter-Franke, Marie}, title = {Redeploying EU asylum policy: A way out of the governance quagmire}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35671}, pages = {26}, abstract = {Seeking a 'fresh start', the European Commission is working on a new Pact on Migration and Asylum. Among other issues, the future of the Common European Asylum System (CEAS) is at stake. For a genuine 'fresh start' in asylum policy, Marie Walter-Franke offers a redeployment strategy. This approach would source complementary solutions in related policy areas and, where appropriate, redistribute responsibilities horizontally and vertically. This Policy Paper applies redeployment to two areas critical to crisis management: a humanitarian approach to large arrivals and a sustainable reception policy.}, language = {en} } @techreport{Stahl, type = {Working Paper}, author = {Stahl, Anna}, title = {An EU Trilateral Cooperation Agenda with Africa and China for a Post-COVID-19 World}, doi = {10.48462/opus4-3826}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-38261}, pages = {29}, abstract = {At a time when the world is facing the unprecedented challenge of a pandemic and a variety of other pressing global issues, the EU needs to assert a new geopolitical identity and reshape its relations with international players, in particular Africa and China. On the basis of recommendations formulated by a group of distinguished European, African and Chinese experts, this policy paper proposes an EU strategic agenda for cooperation with Africa and China. The ambitious trilateral cooperation strategy is centred around three policy areas: health, economic development, good governance and security.}, language = {de} } @article{KoopRehBressanelli2021, author = {Koop, Christel and Reh, Christine and Bressanelli, Edoardo}, title = {Agenda-setting under pressure: Does domestic politics influence the European Commission?}, series = {European Journal of Political Research}, volume = {61}, journal = {European Journal of Political Research}, number = {1}, edition = {European Journal of Political Research}, doi = {10.1111/1475-6765.12438}, pages = {46 -- 66}, year = {2021}, abstract = {The European Union (EU) has become increasingly visible and contested over the past decades. Several studies have shown that domestic pressure has made the EU's 'electorally connected' institutions more responsive. Yet, we still know little about how politicisation has affected the Union's non-majoritarian institutions. We address this question by focusing on agenda-setting and ask whether and how domestic politics influences the prioritisation of legislative proposals by the European Commission. We argue that the Commission, as both a policy-seeker and a survival-driven bureaucracy, will respond to domestic issue salience and Euroscepticism, at party, mass and electoral level, through targeted performance and through aggregate restraint. Building on new data on the prioritisation of legislative proposals under the ordinary legislative procedure (1999-2019), our analysis shows that the Commission's choice to prioritise is responsive to the salience of policy issues for Europe's citizens. By contrast, our evidence suggests that governing parties' issue salience does not drive, and Euroscepticism does not constrain, the Commission's priority-setting. Our findings contribute to the literature on multilevel politics, shedding new light on the strategic responses of non-majoritarian institutions to the domestic politicisation of 'Europe'.}, language = {en} } @article{FerraraHaasPetersonetal., author = {Ferrara, Federico Maria and Haas, J{\"o}rg and Peterson, Andrew and Sattler, Thomas}, title = {Exports vs. investment: How political discourse shapes popular support for external imbalances}, series = {Socio-Economic Review}, journal = {Socio-Economic Review}, issn = {1475-147X}, doi = {10.1093/ser/mwab004}, abstract = {The economic imbalances that characterize the world economy have unequally distributed costs and benefits. That raises the question of how countries could run long-term external surpluses and deficits without significant opposition against the policies that generate them. We show that political discourse helps to secure public support for these policies and the resulting economic outcomes. First, a content analysis of 32 000 newspaper articles finds that the dominant interpretations of current account balances in Australia and Germany concur with very distinct perspectives: external surpluses are seen as evidence of competitiveness in Germany, while external deficits are interpreted as evidence of attractiveness for investments in Australia. Second, survey experiments in both countries suggest that exposure to these diverging interpretations has a causal effect on citizens' support for their country's economic strategy. Political discourse, thus, is crucial to provide the societal foundation of national growth strategies.}, language = {en} } @book{HasselPalier, author = {Hassel, Anke and Palier, Bruno}, title = {Growth Strategies and Welfare Reforms}, editor = {Hassel, Anke and Palier, Bruno}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780198866176}, doi = {10.1093/oso/9780198866176.001.0001}, publisher = {Hertie School}, pages = {451}, abstract = {Growth and Welfare in Advanced Capitalist Economies takes stock of the major economic challenges that advanced industrial democracies have faced since the early 1990s and the responses by governments to them. It has three goals: firstly, to further our understanding of how political economies have transformed over the past decades; secondly, to analyse the contribution of governments to these changes, by looking at their growth strategies and thirdly, to highlight and analyse the role of the reforms of welfare systems in this transformative change. In a nutshell, this book maps and provides general understanding of the evolution of growth regimes in advanced capitalist countries. It identifies five main growth regimes in contemporary advanced capitalist economies (three export-led and two domestic demand-led ones). To do so the book combines a supply side approach to economic growth as advocated by the Varieties of Capitalism Literature (OUP, 2001) with a demand side perspective as the recent discussion on growth models has exemplified. It argues that all political economies consist of growth regimes, which are based on a set of institutions that shape the supply side of the economy as well as on demand drivers such as government spending and private consumption. Both supply and demand are heavily shaped by the welfare state which provides for skills through education systems and stimulates demand through high social spending and private pension funds. The book focuses on the analysis of welfare reforms as growth strategies pursued by governments in an era characterised by financialization and the rise of the knowledge economy.}, language = {en} } @techreport{DukenRasche, type = {Working Paper}, author = {Duken, Carlotta and Rasche, Lucas}, title = {Towards a European Model for Community Sponsorship}, doi = {10.48462/opus4-3802}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-38027}, pages = {8}, abstract = {Community sponsorship has become an increasingly popular instrument for setting up safe and legal pathways to protection in recent years. As part of its New Pact on Asylum and Migration, the European Commission now assumed ownership of the concept and called for a distinct "European model" of community sponsorship. However, the Commission remains vague as to how a European approach should look like. This Policy Brief analyses existing sponsorship schemes in EU member states and argues that a "European model" should be based on two principles: the additionality of sponsorship schemes and their focus on the protection of beneficiaries.}, language = {en} } @techreport{OezkiziltanHassel, type = {Working Paper}, author = {{\"O}zkiziltan, Didem and Hassel, Anke}, title = {Artificial Intelligence at Work: An Overview of the Literature}, doi = {10.2139/ssrn.3796746}, pages = {83}, abstract = {This paper provides an overview of the actual and likely labour market transformations caused by increasing use of Artificial Intelligence (AI) technologies across the advanced economies, with a special focus on Germany. The scholarly debates on these issues mainly revolve around the impact of AI on the number and structure of jobs, and around AI-enabled management tools' perpetuation and aggravation of work-related inequalities and discrimination. The study starts with a brief background of AI as a technology, with a focus on its definition, subfields, capabilities, and history. Following this, it reviews the discussions on the implications of AI use in the world of work and its ethical and political repercussions and continues with a summary of AI use and its impacts in German labour markets. It then discusses the current gaps in the relevant scholarly literature and identifies numerous opportunities for further research. The investigation concludes by addressing two far-reaching implications of increasing utilisation of AI-enabled tools in labour markets. First, in the case that the current trends remain unchanged, the AI-driven future of work is likely to perpetuate and aggravate work-related inequalities and discrimination, diminishing further the prospects of decent work, fair remuneration and adequate social protection for all. Second, predictions provided by current studies only point out one possibility amongst many. Thus, we still have choices as to the advancement, adoption, and utilisation of workplace AI technologies in a way that brings benefit to all.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {The holy trinity of EU elections: Transnational lists, Spitzenkandidaten procedure and a stronger European Parliament}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42506}, pages = {22}, abstract = {The next European Parliament elections in May 2024 are approaching faster than it might seem. In this Visions for Europe Policy Paper, Thu Nguyen takes a critical look at two ideas to reform the elections ahead of 2024 and assesses their potential to enhance EU democracy in light of the EU's institutional set-up: Transnational lists and the Spitzenkandidaten procedure. It is argued both could enhance the European dimension of the elections, but they are no silver bullets. Any such reforms should therefore be accompanied by a third component: a stronger role for the European Parliament.}, language = {en} } @techreport{Guttenberg, type = {Working Paper}, author = {Guttenberg, Lucas}, title = {A political enigma: Four open questions about the Conference on the Future of Europe}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42528}, pages = {5}, abstract = {The Conference on the Future of Europe remains an enigma just five months before its projected end. In this policy brief, Lucas Guttenberg outlines the four main open questions that will determine the outcome of the conference and whether it will be judged a success: What level of ambition will the conference aim for? Who is calling the shots when it comes to the conference's outcome document? What will happen next after the end of the conference? And how will the conference impact the EU's institutional fabric in the long run?}, language = {en} } @techreport{HeimbachWernert, type = {Working Paper}, author = {Heimbach, Henriette and Wernert, Yann}, title = {The two-step Council Presidency: France's Presidency of the Council of the European Union during the election period}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42543}, pages = {8}, abstract = {The French Council Presidency in the first half of 2022 comes at an important time. While many European dossiers such as the Digital Markets Act or the climate package „Fitfor55" are waiting for decisive impulses and successfully conducted negotiations, presidential and parliamentary elections will take place in France from April on. President Macron will therefore use the first three months of the Council Presidency intensively to set political accents, to advance the European project and to make his mark in the French election campaign. The elections will then be the beginning of a technocratic phase of the Council Presidency in which few results are to be expected.}, language = {en} } @techreport{HeimbachWernert, type = {Working Paper}, author = {Heimbach, Henriette and Wernert, Yann}, title = {Une pr{\´e}sidence du Conseil divis{\´e}e: La pr{\´e}sidence fran{\c{c}}aise du Conseil de l'Union europ{\´e}enne en p{\´e}riode {\´e}lectorale}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42556}, pages = {8}, abstract = {La pr{\´e}sidence fran{\c{c}}aise du Conseil de l'UE au premier semestre 2022 aura lieu dans un contexte tr{\`e}s particulier. Alors que de nombreux dossiers europ{\´e}ens, tels la l{\´e}gislation sur les services num{\´e}riques ou le paquet « Fitfor55 » pour la protection du climat, doivent {\^e}tre finalis{\´e}s, la France se verra face {\`a} des {\´e}lections pr{\´e}sidentielles et l{\´e}gislatives {\`a} partir d'avril. Emmanuel Macron devra donc mettre {\`a} profit les trois premiers mois de cette pr{\´e}sidence pour marquer ses priorit{\´e}s politiques, faire avancer le projet europ{\´e}en et se d{\´e}marquer lors de la campagne {\´e}lectorale pour se faire r{\´e}{\´e}lire. Les {\´e}lections pr{\´e}sidentielles marqueront la fin de cette premi{\`e}re phase de la pr{\´e}sidence du Conseil, qui sera suivie par une phase technocratique, o{\`u} peu de d{\´e}cisions d'envergure sont attendues au niveau europ{\´e}en.}, language = {fr} } @article{DawsonMaricutAkbik, author = {Dawson, Mark and Maricut-Akbik, Adina}, title = {Accountability in the EU's para-regulatory state: The case of the Economic and Monetary Union}, series = {Regulation \& Governance}, journal = {Regulation \& Governance}, doi = {10.1111/rego.12442}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42704}, pages = {1 -- 16}, abstract = {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.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Turning green into gold - How to make the European green bond standard fit for purpose}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42935}, pages = {8}, abstract = {Green bonds can play an important role when it comes to financing a more sustainable European economy. However, lack of transparency in today's market for them prevents green bonds from achieving their full potential. The European Commission's proposal for a European green bond standard (EuGBS) does little to fight greenwashing and foster investor confidence. To establish the EuGBS as the new gold standard, the European Parliament and EU Council should improve it in three respects. They should (i) strengthen its environmental credentials, (ii) regulate the entire green bond market and not just the EuGBS niche, and (iii) ensure the enforceability of investor rights. That way, a credible EU public standard can become the new benchmark on financial markets and make a positive impact on the environment.}, language = {en} } @techreport{Redeker, type = {Working Paper}, author = {Redeker, Nils}, title = {Same shock, different effects. EU member states' exposure to the economic consequences of Putin's war}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42960}, pages = {9}, abstract = {The economic knock-on effects of the Russian invasion of Ukraine are going to be felt throughout Europe. While the overall economic fallout is still difficult to predict, the impact will differ from country to country. This brief takes a very first look at divergences in exposure, focusing on direct trade links, potential costs of energy dependence on Russia and vulnerabilities towards rising energy prices more generally. It shows that the EU's member states' vulnerability to the economic consequences of the war is very unevenly distributed. To cushion the economic blow and ensure political unity, the EU will likely have to organise some sharing of the economic burden of this crisis.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {The accountability of non-governmental actors in the digital sphere: A theoretical framework}, series = {European Law Journal}, journal = {European Law Journal}, doi = {10.1111/eulj.12420}, abstract = {The last decade has seen increasing demands for greater accountability in digital governance. What, however, does accountability require and what normative goods does it serve? This article develops a general framework for assessing digital accountability focused on four normative goods: openness, non-arbitrariness, effectiveness and publicness. As the article will evidence, claims for digital accountability often refer to deficits relating to one or more of these goods. While scholarly attention has deservedly focused on tying powerful digital actors to rule of law guarantees, the article argues that accountability offers an important normative yardstick to allow citizens to contest digital decisions beyond strict legality. The framework therefore provides a basis for both conceptually disaggregating and normatively forwarding accountability claims in the digital sphere.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {What Does it Mean to Say that the Court of Justice is not a Human Rights Institution? A Critical Appraisal}, series = {Journal of Human Rights Practice}, volume = {4}, journal = {Journal of Human Rights Practice}, number = {1}, doi = {10.1093/jhuman/huab023}, pages = {215 -- 222}, abstract = {What role does the Court of Justice of the EU (CJEU) and EU law play in elaborating the rights and principles embodied by the Universal Declaration of Human Rights (UDHR)? Over the last 20 years, human (or 'fundamental') rights have become a constant part of the way the CJEU interprets and applies EU law. In a period where fundamental rights and values are increasingly under threat both globally and in Europe, judicial institutions remain an important last bastion of protection. Commenting on Judge Rosas' (2007) observation that the CJEU is not in fact a human rights Court, three critical questions are derived: The first question is the most related to this special issue. What does the development of the CJEU—an institution with human rights responsibilities—mean for general international human rights law? The second takes up Judge Rosas' observation that the CJEU, unlike the Strasbourg Court, has extensive judicial responsibilities beyond human rights. What does the development of EU human rights law mean for EU law more broadly? Finally, if Judge Rosas is right that the CJEU is not a human rights Court, what does that mean for its relationship to the European Court of Human Rights (ECtHR) and the other organs of the Council of Europe? In answer to this last question, the article cautiously advances the argument that the very fact that the CJEU is not a human rights Court implies a more robust role than Judge Rosas suggests for external review of EU law by international human rights bodies.}, language = {en} } @incollection{BoisDawson, author = {Bois, Julien and Dawson, Mark}, title = {Chapter 7: Sociological institutionalism as a lens to study judicialization: a bridge between legal scholarship and political science}, series = {The Politics of European Legal Research}, booktitle = {The Politics of European Legal Research}, isbn = {9781802201185}, doi = {10.4337/9781802201192.00014}, publisher = {Hertie School}, pages = {94 -- 108}, abstract = {Judicialization - and the influence of trans-national Courts - seems a perfect object of study for inter-disciplinary research and a potential spur for methodological innovation. In the case of the European Courts, however, this chapter argues that divides between law and political science have impeded the developments of accounts of judicialization able to take both the legal and political aspects of judicial activity seriously. The chapter discusses sociological institutionalism as an alternative approach to judicialisation. By stressing the importance of legal norms in structuring the 'space' for legal agency while abstaining from the assumption that norms apply equally in all situations, sociological institutionalism provides an inter- disciplinary framework for the study of Courts able to act as a bridge between both disciplines. As the chapter will conclude, while institutionalist approaches are complex and time-consuming, their focus on the language, ideas and cultural assumptions of actors and institutions provide a compelling method for the study of judicial behaviour.}, language = {en} } @incollection{Dawson, author = {Dawson, Mark}, title = {Chapter 4: The role of law in multilevel governance: Four conceptualizations}, series = {A Research Agenda for Multilevel Governance}, booktitle = {A Research Agenda for Multilevel Governance}, isbn = {9781789908367}, doi = {10.4337/9781789908374.00011}, publisher = {Hertie School}, pages = {77 -- 93}, abstract = {This chapter examines the role played by law and legal institutions in systems of multi-level of governance. While the de-centring of state institutions has been a common concern in legal and political science literature in the last three decades, there remains a lack of attention to how literature on multilevel governance can be better coupled with related work in comparative public law. The chapter attempts to fill this gap by sketching four possible conceptualizations of law's role in multilevel governance systems. Law may either demarcate (by dividing authority), facilitate (by ensuring systems of shared rule), catalyze (by undermining hierarchical systems) or colonize multilevel governance (by shifting power from other spheres in society towards the legal system itself). These conceptualizations are intended to provide a framework on how patterns in the role of law across multilevel governance systems can be analyzed in future work across the social sciences.}, language = {en} } @techreport{JachtenfuchsGenschelMiglioratietal., type = {Working Paper}, author = {Jachtenfuchs, Markus and Genschel, Philipp and Migliorati, Marta and Loschert, Franziska}, title = {Differentiated integration and core state powers: the EU budget and Justice and Home Affairs}, edition = {Working Paper, EUI RSC, 2022/47, Integrating Diversity in the European Union (InDivEU)}, abstract = {This paper studies two areas of Core State Powers (CSP), i.e. the EU budget and Justice and Home Affairs. The two cases have the aim to reconstruct how Differentiated Integration (DI) has developed over time in these two specific domains. While the aim is the same for both cases, the way the cases are structured is substantially different. This is due to various reasons. First, the politics of the EU budget go back to the early days of the EU, while JHA is a post-Maastricht feature. This implies that the budget case study concentrates on a much longer time span. Second, DI in the budget interests several member states, while in JHA it is a phenomenon circumscribed to fewer members. Finally, the politics of the budget are decided through intergovernmental negotiations, while JHA is a rather supranationalised policy that relies a lot on secondary legislation and EU executive bodies such as EU agencies.}, language = {en} } @techreport{JachtenfuchsGenschelMigliorati, type = {Working Paper}, author = {Jachtenfuchs, Markus and Genschel, Philipp and Migliorati, Marta}, title = {Report on the expanded EUDIFF 1 dataset}, edition = {EUI RSC; 2022/40; Integrating Diversity in the European Union (InDivEU) }, pages = {57}, abstract = {This report provides a general overview of the dataset under construction for WP5, EUDIFF-RES, focusing on differentiated integration in core state powers (CSP) in the European Union (EU). The report explains the rationale behind the data collection and provides an outline of the information gathered so far. The aim of the report is to make the dataset easily accessible to anyone who wishes to utlise it for further research.}, language = {en} } @techreport{JachtenfuchsGenschelMigliorati, type = {Working Paper}, author = {Jachtenfuchs, Markus and Genschel, Philipp and Migliorati, Marta}, title = {Report on the expansion of the EUDIFF 1 dataset}, edition = {EUI RSC; 2022/38; Integrating Diversity in the European Union (InDivEU) }, pages = {22}, abstract = {The present report makes an overview of the progresses made so far in Work Package 5. At this initial stage, the main aim was to develop a new coding for core state powers in EU legislation. Such coding serves the purpose of expanding EUDIFF1 through new information on core state powers integration. The report is structured as follows: after a brief introduction, Section I presents a tripartite categorization of core state powers modes of integration. Section II tests the plausibility of the proposed categorisations through an empirical analysis that explores primary legislation from 1952 to 2016. Section III discusses the possibility of a more fine-grained distinction.}, language = {en} } @techreport{JachtenfuchsGenschelMigliorati, type = {Working Paper}, author = {Jachtenfuchs, Markus and Genschel, Philipp and Migliorati, Marta}, title = {Report on patterns of variation in DI across areas of core state power and instruments of integration}, edition = {Working Paper, EUI RSC, 2022/39, Integrating Diversity in the European Union (InDivEU) }, pages = {22}, abstract = {The paper summarises different patterns of differentiation and reintegration in core state powers during the post-Maastricht period, based on the EUDIFF-RES dataset. Moreover, it offers a theoretical framework able to explain the observed variation. The framework is further tested by means of short empirical illustrations taken from different policy areas. Overall, the EUDIFF-RES dataset substantially contributes to our understanding of CSP differentiated integration by revealing that the behaviour of states vis-a-vis core state powers varies greatly according to the kind of resource, as well as the costs and opportunities attached to it.}, language = {en} } @article{HasselSieker, author = {Hassel, Anke and Sieker, Felix}, title = {The platform effect: How Amazon changed work in logistics in Germany, the United States and the United Kingdom}, series = {European Journal of Industrial Relations}, volume = {28}, journal = {European Journal of Industrial Relations}, number = {3}, doi = {10.1177/09596801221082456}, pages = {363 -- 382}, abstract = {While the effects of the platform economy on work are mainly studied through the lens of gig or cloud workers, many more employees are likely to be affected in non-platform firms or sectors. We discuss the mechanisms of platform economy's impact on the employment relationships and indirect effect on employment trends. Platform firms enter the service economy with business models that put existing service providers under pressure and advance a platform model of employment relationship. However, their transformative force is limited by three factors: employment regulations, access to welfare provisions and the employment relations at legacy firms. We examine the case of Amazon logistics in the US, Germany and the UK and find that the employment contract, as a legal institution, prevents the dissemination of independent contracting as the preferred employment model. Moreover, the welfare state has a paradoxical effect on platform work: universal welfare and liberal employment law facilitate the rise of precarious work.}, language = {en} } @article{MaherRiordanŠubic, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n and Šubic, Neza}, title = {The European Arrest Warrant Before the Irish Courts: Judicial Dialogue, Mutual Trust, and the Limits of Interpretation}, series = {The Irish Jurist}, volume = {67}, journal = {The Irish Jurist}, pages = {14 -- 54}, language = {en} } @book{DawsondeWitte, author = {Dawson, Mark and de Witte, Floris}, title = {EU Law and Governance}, publisher = {Cambridge}, isbn = {9781108836173}, doi = {10.1017/9781108864046}, publisher = {Hertie School}, pages = {300}, abstract = {What is the EU for? In light of the current state of European integration, EU law cannot meaningfully be appreciated without understanding the political, social and cultural context within which it operates. This textbook proposes a fresh, accessible and interdisciplinary take on the subject that is suitable for one-semester and introductory courses wishing to engage the reader with the wider context of the EU project. It situates the institutions, legal order and central policy domains of the EU in their context and offer students the tools to critically analyse and reflect on European integration and its consequences. With pedagogical features such as further reading, class questions and essay/exams questions to support learning, this textbook enables students to form their own informed opinion on whether the EU offers an appropriate answer to the many questions that it is asked.}, language = {en} } @incollection{Enderlein, author = {Enderlein, Henrik}, title = {Time to move on: The discussion about EMU deepening needs to change}, series = {Strengthening the Institutional Architecture of the Economic and Monetary Union}, booktitle = {Strengthening the Institutional Architecture of the Economic and Monetary Union}, editor = {Buti, Marco and Giudice, Gabriele and Leandro, Jos{\´e}}, publisher = {CEPR Press}, address = {London}, isbn = {978-1-912179-36-7}, publisher = {Hertie School}, pages = {6 -- 11}, abstract = {The crisis generated by the Covid-19 pandemic has required rapid and strong action. It also entails key choices, including on how the EU could help mitigate the impact of Covid-19, foster the economic recovery and support the dual green and digital transitions. In September 2019, before the crisis, the Directorate General for Economy and Finance of the European Commission organised a workshop on strengthening the institutional architecture of the EMU. This eBook presents the main ideas discussed at the workshop.}, language = {en} } @article{RehBressanelliKoop, author = {Reh, Christine and Bressanelli, Edoardo and Koop, Christl}, title = {Responsive withdrawal? The politics of EU agenda-setting}, series = {Journal of European Public Policy}, volume = {27}, journal = {Journal of European Public Policy}, number = {3}, doi = {10.1080/13501763.2020.1712453}, pages = {419 -- 438}, abstract = {This contribution asks whether and why the newly political environment of EU law-making impacts on the European Commission's choice (not) to announce the withdrawal of legislative proposals. We argue that the Commission uses 'responsive withdrawal' in response to bottom-up pressure, so as to signal self-restraint or policy-determination to different audiences. Bottom-up pressures are driven by (1) the national contestation of 'Europe'; (2) visible controversy about optimal (crisis) governance; and (3) the domestic salience of EU legislation. Our hypotheses are tested on a new dataset of all codecision files concluded, withdrawn, rejected or ongoing between 2006 and 2018. We show that the Commission reacts to bottom-up pressure by either politicising or depoliticising the EU's legislative agenda: 'withdrawal announcements' are more likely when Euroscepticism is high and when legislation touches core state powers, but less likely when legislation is domestically salient. We also demonstrate the continued importance of cyclical and technical reasons. Our analysis complements extant explanations of withdrawal as the upshot of functional factors or of uncertainty, and contributes to the nascent debate about whether, why and how supranational actors respond when the systems in which they operate - and the policies they produce - come under attack.}, language = {en} } @techreport{Stahl, type = {Working Paper}, author = {Stahl, Anna Katharina}, title = {Geopolitics in the time of the Coronavirus - The EU's leadership in global health}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35815}, pages = {3}, abstract = {The EU "must relearn the language of power and geopolitics". Both the President of the European Commission, Ursula von der Leyen, and the High Representative for Foreign Affairs and Security Policy, Josep Borrell, share this conviction. They announced their ambition as soon as they took office in 2019, arguing that only by fostering its geopolitical identity would the EU be able to compete with major powers.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {Koenig, Nicole}, title = {The EU's strategic compass for security and defence: Just another paper?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35828}, pages = {13}, abstract = {The EU decided to develop a "strategic compass" for its security and defence policy until 2022. Building on a common threat analysis, it should concretise the EU's level of ambition as a security provider. The strategic compass represents a real and timely opportunity, but there is also a risk of engaging in a lengthy and winding process that would simply produce another paper. This policy paper presents risks and opportunities and develops recommendations for both stages of the process.}, language = {en} } @techreport{RedekerKuespert, type = {Working Paper}, author = {Redeker, Nils and K{\"u}spert, Theresa}, title = {Taking a closer look: How to improve the design of the Solvency Support Instrument}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35835}, pages = {13}, abstract = {The Solvency Support Instrument (SSI) is central to the European Commission's proposal to mitigate economic damage of the pandemic. It would use part of the money raised under the Recovery Instrument to provide equity support to struggling firms. It could become a powerful tool for the recovery. However, in its current form, the instrument risks providing free lunch bailouts for owners and private investors without ensuring that public support secures jobs, avoids market concentration, and puts firms on a growth path more conducive with the EU's broader industrial policy goals. To remedy these shortcomings, the instrument needs clear political criteria for equity support and better political control.}, language = {en} } @techreport{WalterFranke, type = {Working Paper}, author = {Walter-Franke, Marie}, title = {Europe to the rescEU: The missing piece in EU migration management is civil protection}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35847}, pages = {6}, abstract = {There is more than one solution to complex problems. While the EU struggles to solve the debate on asylum responsibility-sharing, Marie Walter-Franke proposes that rescEU, the European civil protection reserve, could become a complementary tool to face migration-related emergencies. Civil protection is a policy on the rise by which the EU provides tangible solidarity in crisis situations. After weighing the potential and limitations of using rescEU in the context of migration, Marie outlines three scenarios: (1) what can be done under the status quo; (2) how activation procedures could be streamlined; and (3) establishing a rescEU agency.}, language = {en} } @techreport{KoenigRubio, type = {Working Paper}, author = {Koenig, Nicole and Rubio, Eulalia}, title = {What the European Council's MFF / Recovery deal tells us about the EU's global ambition}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35851}, pages = {4}, abstract = {After four days of intense negotiations, EU leaders have finally reached an agreement on the EU´s long-term EU budget and post-Covid recovery fund. The final compromise leaves mixed feelings. It truly constitutes a historically ambitious package which almost doubles EU spending for 2021-2024 with money raised on the financial markets. Internal solidarity and economic recovery are key pre-conditions for wielding power externally and being resilient to external influence. The contrast between the initial lack of intra-European solidarity and China's so-called "mask diplomacy" underlined by targeted disinformation illustrates this point. At the same time, we saw a traditional pattern in the European Council's budgetary negotiations: the compromise has been reached by largely preserving spending pre-allocated to Member States - e.g. agriculture and cohesion spending, the new facility providing support to national recovery and resilience plans - and by drastically cutting key EU programmes financing EU-level public goods and thus delivering added value for all - in areas such as research and innovation, mobility, development aid or internal and external security.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {Four implications of the Covid-19 pandemic for the EU's asylum and migration policy}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35865}, pages = {6}, abstract = {The outbreak of Covid-19 has disrupted all strands of EU policy-making. Discussions about the EU's immediate response to the pandemic focus predominantly on the bloc's economic recovery. However, mitigating its fallout in other branches of EU policy is equally necessary. The Union's area of free movements is among the policies most tangibly affected by the pandemic. While national border closures and regional lockdowns impaired EU citizens' ability to travel, they also had substantial consequences for migrants and asylum seekers.}, language = {en} } @article{RohdeLiebenau, author = {Rohde-Liebenau, Judith}, title = {Raising European Citizens? European Identity in European Schools}, series = {JCMS: Journal of Common Market Studies}, journal = {JCMS: Journal of Common Market Studies}, edition = {2020}, doi = {10.1111/jcms.13050}, pages = {1 -- 19}, abstract = {Abstract Citizens' identification with Europe could consolidate European integration. European Schools, created for children of EU officials, should mirror the EU's vision of citizens of member states united in (national) diversity. Instead, this study reveals that European School students construct an explicitly European in-group and deviate from EU visions by differentiating themselves from a more national and less mobile lifestyle. The article draws on qualitative content analysis of in-depth and focus group interviews with teachers and 101 students in European Schools in Germany, Luxembourg and England. This elucidates the relationship between European schooling and this peculiar but ultimately European identity. In a dual mechanism, by 'doing Europe', students actively nourish a transnational social network in school; by 'telling Europe', students are more passively exposed to European and diverse national narratives. Both the analysis of how their European identity emerges and descriptive underpinnings show the complexity of European identity construction even under most favourable conditions.}, subject = {-}, language = {en} } @article{HaasD'ErmanSchulzetal., author = {Haas, J{\"o}rg and D'Erman, Valerie and Schulz, Daniel and Verdun, Amy}, title = {Economic and fiscal policy coordination after the crisis: is the European Semester promoting more or less state intervention?}, series = {Journal of European Integration}, volume = {42}, journal = {Journal of European Integration}, number = {3}, issn = {1477-2280}, doi = {10.1080/07036337.2020.1730356}, pages = {327 -- 344}, abstract = {The European Union (EU) - and its Economic and Monetary Union (EMU) in particular - is often criticized as a predominantly market-oriented project. We analyse to what extent such claims can be substantiated by focusing on one key aspect of the EU's post-crisis framework for economic governance: the country-specific recommendations (CSRs) that the EU has been issuing annually since 2011. Based on an original dataset, we analyse more than 1300 CSRs, which show that the EU does not push uniformly for less state intervention. Rather, the CSRs tend to suggest fiscal restraint and less protection for labour market insiders, while simultaneously promoting measures that benefit vulnerable groups in society. During the second decade of EMU, CSRs have gradually become more permissive of higher public spending and more in favour of worker protection, while the share of recommendations advocating more social protection has stagnated at a high level.}, language = {en} } @article{FlonkJachtenfuchsObendiek, author = {Flonk, Danielle and Jachtenfuchs, Markus and Obendiek, Anke S.}, title = {Authority conflicts in internet governance: Liberals vs. sovereigntists?}, series = {Global Constitutionalism}, volume = {9}, journal = {Global Constitutionalism}, number = {2}, issn = {2045-3817}, doi = {10.1017/S2045381720000167}, pages = {364 -- 386}, abstract = {We analyse conflicts over norms and institutions in internet governance. In this emerging field, dispute settlement is less institutionalised and conflicts take place at a foundational level. Internet governance features two competing spheres of authority characterised by fundamentally diverging social purposes: A more consolidated liberal sphere emphasises a limited role of the state, private and multistakeholder governance and freedom of speech. A sovereigntist challenger sphere emphasises state control, intergovernmentalism and push against the preponderance of Western institutions and private actors. We trace the activation and evolution of conflict between these spheres with regard to norms and institutions in four instances: the World Summit on the Information Society (WSIS), the World Conference on International Telecommunications (WCIT-12), the fifth session of the United Nations Group of Governmental Experts (UNGGE) and the Budapest Convention of the Council of Europe. We observe intense norm collisions, and strategic attempts at competitive regime creation and regime shifting towards intergovernmental structures by the sovereigntist sphere. Despite these aggressive attempts at creating new institutions and norms, the existing internet governance order is still in place. Hence, authority conflicts in global internet governance do not necessarily lead to fragmentation.}, language = {en} } @article{RodgerMaherRiordan, author = {Rodger, Barry and Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {A Decade of EU Law in the Courts of Scotland and Ireland: National Legal Systems Compared}, series = {Legal Studies}, journal = {Legal Studies}, edition = {2021}, issn = {1748-121X}, doi = {10.48462/opus4-3598}, pages = {1 -- 25}, abstract = {This article is the first to undertake a comparative statistical study examining the application and trends in European Union ('EU') law before the Scottish and Irish courts over a ten year period from 2009 - 2018. The paper poses the question, how does European integration impact on the domestic legal systems of EU Member States due to the increasing volume, and significance, of cases where EU law is raised and applied within domestic legal systems? It highlights similarities and differences between the two jurisdictions and the fields of law where EU law has been most prominent. The research, focussing on civil law matters, is of particular relevance in light of Brexit. It highlights the potential difficulties implicit in attempting to unpick over 40 years of assimilation of EU law and principles into Scots law and lays the groundwork for a further comparative study after another 10 years on the extent of the impact of Brexit in Scotland and Ireland.}, language = {en} } @article{Riordan, author = {Riordan, R{\´o}n{\´a}n}, title = {Popular sovereignty in the Irish context: The deployment of the Referendum to resolve disputes, uphold decisions, and legitimate state acts in the eyes of Citizens}, series = {UCD S.L.S. Law Journal}, journal = {UCD S.L.S. Law Journal}, edition = {UCD SLS 80 years of Bunreacht na h{\´E}ireann}, issn = {1649-1327}, pages = {103 -- 108}, language = {en} } @techreport{MaherRiordan, type = {Working Paper}, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {The Europeanisation of the Higher Courts in Ireland and Scotland: A Methodology}, publisher = {Dublin EU Law Working Group}, doi = {10197/11249}, abstract = {The discussion paper below sets out the preliminary stages of a project we are working on examining EU Law in the Irish courts. The first stage of the project is an analysis of the cases over the last 10 years (1.1.2009 - 31.12.2018) with an expectation over the medium term of more substantive and doctrinal analysis of how EU Law is applied by the courts.}, language = {en} } @techreport{MaherRiordan, type = {Working Paper}, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {The Supreme Court and EU Law: Reshuffling Institutional Balance}, series = {UCD Law Working Papers in Law, Criminology and Socio-Legal Studies Research Paper Series}, volume = {16}, journal = {UCD Law Working Papers in Law, Criminology and Socio-Legal Studies Research Paper Series}, doi = {10.2139/ssrn.3502794}, pages = {25}, abstract = {Irish Courts are not exclusively national courts. They form an integral part of a pan-European Union legal network where domestic courts are increasingly viewed, at least by the Court of Justice of the European Union (EUCJ) as European Courts. Just as national courts are interwoven in this pan-European judicial structure, domestic laws too are interwoven with EU Law with the state under an obligation to give effect to EU law. Interpretation, including resolution of conflicts between domestic and EU norms is the responsibility of national courts. Where interpretation is unclear, the EUCJ can be approached under the preliminary reference procedure, the EUCJ being the sole authoritative interpreter of EU Law. While the role of the EUCJ a-top this pan-European network gives it the unique ability, via its case law, to affect the legislative and policy choices at the national level that relate to EU law, it conversely also has overseen national courts, including those from smaller Member States, playing an unusually significant role in the constitutional developments of the European Union itself.}, language = {en} } @article{BremerGenschelJachtenfuchs, author = {Bremer, Bj{\"o}rn and Genschel, Philipp and Jachtenfuchs, Markus}, title = {Juncker's Curse? Identity, Interest, and Public Support for the Integration of Core State Powers†}, series = {JCMS: Journal of Common Market Studies}, volume = {58}, journal = {JCMS: Journal of Common Market Studies}, number = {1}, issn = {1468-5965}, doi = {10.1111/jcms.12980}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36077}, pages = {56 -- 75}, abstract = {Abstract In this study we analysed the patterns and covariates of public support for the European integration of core state powers based on an original new survey. We found considerable variation across integration instruments, member states and policy issues. Horizontal transfers are supported more than vertical capacity building; member states from the EU's South-East are more supportive than states from the North-West; and support increases from debt relief to unemployment assistance, sharing the burdens of refugees, and military defence to disaster aid. Identity is a strong and fairly consistent predictor for individual variations in support. The association with respondents' interest is less consistent, but can be quite strong with respect to specific policy issues such as debt and unemployment. Overall, support for the integration of core state powers is higher and more variable than expected. This suggests there is considerable room for political agency rather than a general constraining dissensus.}, subject = {-}, language = {en} } @misc{Flonk, author = {Flonk, Danielle}, title = {Book Review: The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power}, series = {Convergence: The International Journal of Research into New Media Technologies}, journal = {Convergence: The International Journal of Research into New Media Technologies}, doi = {10.1177/1354856520918721}, language = {en} } @incollection{Kreilinger, author = {Kreilinger, Valentin}, title = {Nationale Parlamente}, series = {Jahrbuch der Europ{\"a}ischen Integration 2018}, booktitle = {Jahrbuch der Europ{\"a}ischen Integration 2018}, publisher = {Nomos Verlag}, address = {Baden-Baden}, isbn = {978-3-8452-9103-1}, doi = {10.5771/9783845291031-135}, publisher = {Hertie School}, pages = {135 -- 140}, language = {de} } @techreport{Schneemelcher, type = {Working Paper}, author = {Schneemelcher, Pola}, title = {Taxation to the rescue? A tax reform to support EU economic recovery post-COVID-19}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35574}, pages = {6}, abstract = {The COVID19 - crisis puts a strain on public households in the EU, not only because of necessary rescue packages, but also due to a drop of tax revenues in the face of an economic downward spiral. A European tax reform to support the economic recovery without putting an extra burden on companies s thus in strong need. One solution is to secure corporate taxes that formerly slipped through public budgets due to tax avoidance. In this Policy Brief, Pola Schneemelcher argues that the EU must now focus on the already proposed international minimum tax rate. Member states will not be able to implement it on their own; consensus at international level is necessary, but noncommittal. A legally binding solution can therefore only exist at EU level.}, language = {en} } @techreport{GuttenbergNguyen, type = {Working Paper}, author = {Guttenberg, Lucas and Nguyen, Thu}, title = {How to spend it right - A more democratic governance for the EU Recovery and Resilience Facility}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35594}, pages = {6}, abstract = {The Recovery and Resilience Facility (RRF) will be the core of the EU's new Recovery Instrument to fight the economic fallout of the pandemic. Under the RRF, 310 billion euros in additional EU spending will be allocated by the European Commission to member states based on individual Recovery and Resilience Plans (RRPs). In this Policy Brief, we argue that the proposed governance to decide on the assessment of RRPs lacks democratic elements as parliaments are largely sidelined. This should be changed to ensure necessary political ownership at national and European level; to include a second pair of European eyes to prevent misspending; and to avoid a roll-back of EU democracy. Therefore, we propose that the European Parliament get a veto over the Commission decision assessing individual RRPs and allocating funds. National parliaments should also have a say in the adoption of the RRP of the respective member state.}, language = {en} } @techreport{Kask, type = {Working Paper}, author = {Kask, Maarja}, title = {Contact tracing apps in Europe - When one is better than many}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35607}, pages = {4}, abstract = {One of the issues brought forth by the COVID-19 crisis is the need to track the infection chains in order to stop the disease from spreading. One of the simplest ways this can be done is via a smartphone app. However, this can bring about several privacy issues. Furthermore, unless a common protocol is taken up all over Europe allowing apps from different member states to be able to seamlessly communicate with each other, the discrepancies would render the national apps ineffective. The member states need to decide on a single app protocol throughout Europe and the European Commission should strongly back its uptake.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {Managing expectations - The German Council presidency}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35669}, pages = {6}, abstract = {On 1 July 2020 Germany will take over the presidency of the Council of the EU. Major European issues such as the Commission's proposal for a Recovery Instrument, the EU multiannual financial framework, or the negotiations on the future UK-EU relationship will fall within its term. If expectations were high before corona that a member state with the political weight and capacities of Germany would be able to significantly advance the political agenda at EU level, such expectations are even more prevalent now. At the same time, the institution of Council presidency has lost much of its bite under the Treaty of Lisbon. Germany does not only find itself wedged between different institutional actors with a limited time frame to achieve political results. It is also faced with an overcrowded agenda and many practical limitations caused by the pandemic. This policy brief analyses and assesses the expectations as regards the German Council presidency, in particular by considering the institutional context in which it operates and the limitations imposed by the pandemic.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {The EU's new rule of law mechanism-How it works and why the 'deal' did not weaken it}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37137}, pages = {6}, abstract = {After Hungary and Poland almost derailed the EU budgetary negotiations over rule of law conditionality, the EU found itself in a weeks-long game of chicken before the drama finally culminated in the European Council conclusions of December 2020. The conclusions were widely criticised for postponing the enforcement of the rule of law mechanism and for upsetting the EU's institutional balance. In this Policy Brief, Thu Nguyen explains how the rule of law mechanism works and takes a more balanced approach: The rule of law mechanism was not weakened by the conclusions, nor did the European Council encroach upon the Commission's prerogatives in a meaningful way.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {Koenig, Nicole}, title = {Time to go beyond the meta-debate on EU strategic autonomy in defence}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37142}, pages = {5}, abstract = {EU member states have been debating the notion of European strategic autonomy in the field of defence for decades. The election of US President Donald Trump in 2016 revived this debate and his administration's negative attitude towards EU defence cooperation initiatives rendered it highly emotive. With Joe Biden's victory, the debate is apparently ready to enter the next stage. In this policy brief, I argue that a Biden administration represents an opportunity to go beyond terminological debates onto two more substantial questions that represent two sides of the same coin: how can Europeans shape a more balanced transatlantic security and defence agenda and how can they defend their own security interests?}, language = {en} } @techreport{StahlXu, type = {Working Paper}, author = {Stahl, Anna and Xu, Yixiang}, title = {A New Age of Transatlantic Alliance? U.S. China policy after the presidential election and its implications for the EU}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37156}, pages = {24}, abstract = {The Covid-19 pandemic and growing tensions between the U.S. and China brought even greater global attention to this year's American presidential election. Despite the victory of the Democratic challenger Joe Biden, America's relations with China will not significantly alter and rather resemble an iron fist in a velvet glove. While U.S.-China great power rivalry will remain the new reality, Biden's victory could mark the beginning of a new transatlantic alliance and contribute to the EU's geopolitical ambition. In this policy paper, Anna Stahl and Yixiang Xu argue that the EU should seize the opportunity of U.S. interest in closer collaboration on China and offer a ten-point agenda for an EUU. S. dialogue on China. Moreover, this policy paper offers innovative policy recommendations for new formats of trilateral and multilateral cooperation with China and the U.S.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Prepare for the worst - How to make Europe's bank crisis management framework fit for purpose}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36982}, pages = {22}, abstract = {Amid a severe health, social and economic crisis, banks again take centre stage on the political agenda. This policy paper explains why decisionmakers are worried about a looming banking crisis, sets out the existing European bank crisis management framework and makes proposals for addressing its shortcomings in readiness for a possibly systemic banking crisis. Instead of taking the supposedly easy way out and bailing out banks again, now is the right time to prepare for the worst in Europe's bank crisis management framework.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {Differentiated Integration and Accountability in the European Union - An Analytical Framework}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36999}, pages = {24}, abstract = {Differentiation has become an established feature of European integration in the past decades, and a variety of forms of differentiated governance have been established either within the EU Treaties, by the EU Treaties or outside the EU legal framework. At the same time, differentiated integration poses particular questions about how to organise accountability in an EU in which different groups of member states participate in very different forms of integration. Bringing together the accountability and differentiation literature, the paper develops an analytical framework allowing for an indicator-based assessment of accountability mechanisms. By proposing an analytical framework with concrete indicators for the assessment of accountability in various differentiated integration formats, this paper closes a gap in the literature and opens new paths for the comparative analysis of accountability across various shades of European integration.}, language = {en} } @techreport{RascheWalterFranke, type = {Working Paper}, author = {Rasche, Lucas and Walter-Franke, Marie}, title = {Clear, fair and fast? Border procedures in the Pact on Asylum and Migration}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37009}, pages = {24}, abstract = {The processing of asylum applications on the EU external borders is central to the Commission's new Pact on Asylum and Migration. According to the Commission, the proposal is to deliver "clear, fair and faster" border procedures. We argue in this policy paper that attaining all three objectives is unrealistic. While the Pact prioritises clarity and speed, it risks impeding fundamental rights and therefore lacks in fairness. To address this imbalance, the paper makes three recommendations to policy-makers: focus on who should be exempted from border procedures, match faster procedures with accountability, and make fairness the procedure's prime parameter.}, language = {en} } @article{Maricut‐Akbik, author = {Maricut-Akbik, Adina}, title = {Q\&A in legislative oversight: A framework for analysis}, series = {European Journal of Political Research}, journal = {European Journal of Political Research}, doi = {10.1111/1475-6765.12411}, pages = {n/a -- n/a}, abstract = {Abstract Parliamentary questions are an essential tool of legislative oversight. However, the extent to which they are effective in controlling the executive remains underspecified both theoretically and methodologically. This article advances a systematic framework for evaluating the effectiveness of parliamentary questions drawing on principal-agent theory, the public administration literature on accountability and communication research. The framework is called the 'Q\&A approach to legislative oversight' based on the premise that the study of parliamentary questions (Q) needs to be linked to their respective answers (A) and examined together (Q\&A) at the micro-level as an exchange of claims between legislative and executive actors. Methodologically, the Q\&A approach to legislative oversight offers a step-by-step guide for qualitative content analysis of Q\&A that can be applied to different legislative oversight contexts at different levels of governance. It is argued that the effectiveness of Q\&A depends on the strength of the questions asked and the responsiveness of answers provided, which are correspondingly operationalised. To illustrate the merits of the approach, the article includes a systematic case study on the relationship between the European Parliament and the European Central Bank in banking supervision (2013-2018), showing the connection between specific institutional settings and the effectiveness of parliamentary questions.}, subject = {-}, language = {en} } @article{Migliorati, author = {Migliorati, Marta}, title = {The Post-agencification Stage between Reforms and Crises. A Comparative Assessment of EU agencies' Budgetary Development}, series = {JCMS: Journal of Common Market Studies}, journal = {JCMS: Journal of Common Market Studies}, doi = {10.1111/jcms.13044}, pages = {1 -- 20}, subject = {-}, language = {en} } @article{Haas, author = {Haas, J{\"o}rg}, title = {Europe's problem is not (just) Germany}, series = {Green European Journal}, journal = {Green European Journal}, abstract = {Germany has been accused of transforming the EU into a "bad International Monetary Fund" by promoting conditionality and competitiveness. In a response to Hans Kundnani, J{\"o}rg Haas argues that insisting on rules and reforms is actually a constructive contribution to the debate about the EU's future. The real issue with Germany is that it seems unwilling to comply with the laws it has shaped. This is part of a broader problem: the ever-growing influence of national governments in the EU makes it easy for powerful states to circumvent rules. We need an EU that ensures fair treatment for strong and weak members alike.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {How Does Differentiated Integration Work in the EU Financial Sector? Spotlight on Banking Union}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36847}, pages = {23}, abstract = {Five years after the entry into force of the Banking Union, this Policy Paper assesses its effectiveness as a form of differentiated integration. This case study presents the legal and organisational dimensions of the Banking Union and describes its accountability mechanisms and procedures. At the heart is the question of whether the creation of the Banking Union has been effective in promoting integration among its members while avoiding distortions in the Single Market. To this end, also the impact of the Banking Union on the political unity in the European Union is analysed. This Policy Paper finds that the Banking Union has enhanced European integration in the financial sector without jeopardising the functioning of the internal market. Although the Banking Union is still incomplete, the benefits of participation create centripetal forces that are attractive also to non-euro countries.}, language = {en} } @techreport{KoenigRedeker, type = {Working Paper}, author = {Koenig, Nicole and Redeker, Nils}, title = {One year of geopolitical Commission - Time to get real}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36850}, pages = {3}, abstract = {Twelve months ago, Ursula von der Leyen announced that her Commission would be a geopolitical one. This promise was a response to the crisis of multilateralism, the growing competition between the US and China, the fallout of Brexit, and the broad range of brewing and frozen conflicts in the EU's neighbourhood. One year later, a geopolitically assertive EU is needed more than ever. The pandemic has underlined the vulnerability of Europe's supply chains and intensified the political rift between the US and China. The further the two superpowers move towards economic decoupling, the clearer it becomes how exposed Europe is to this rivalry. Meanwhile, the crises in the eastern Mediterranean, Mali, and Belarus have reminded Europeans of their geopolitical responsibilities.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {The EU's migration and asylum policy - Still under construction}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36862}, pages = {3}, abstract = {After a long delay, the European Commission on Wednesday last week presented its proposals for the reform of the Common European Asylum System. Originally announced for April, the reform plans have become all the more urgent in the light of the fire at the Moria refugee camp. Commission Vice- President Schinas has described the proposals as a house with three floors: agreements with countries of origin, a more rigorous border and return policy, and a solidarity mechanism among member states. But the cement between the national building blocks remains brittle. The Commission's plans also do little to prevent miserable camps like the one on Lesbos from springing up on its front lawn in the long term.}, language = {en} } @techreport{GuttenbergMack, type = {Working Paper}, author = {Guttenberg, Lucas and Mack, Sebastian}, title = {Building EU green bonds that deserve their name}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36885}, pages = {4}, abstract = {The EU should seize the day: It should issue parts of the Recovery Instrument debt as green bonds and thereby boost that burgeoning market. But it is important to manage expectations: Issuing green bonds alone will not ‚green' recovery spending. This will depend on the criteria for climate-friendly spending in the legal texts governing the Recovery Instrument - and these so far lack teeth. So, there is a substantial risk that EU green bonds will set the wrong precedent now if backed by weak criteria. This would pre-empt future legislative work on the final EU green bond standard. If the criteria for climatefriendly spending are not strengthened, the Commission should scale back its ambition and should only issue green bonds for measures that fully match the criteria set out in the EU Taxonomy Regulation.}, language = {en} } @techreport{NguyenHeimbach, type = {Working Paper}, author = {Nguyen, Thu and Heimbach, Henriette}, title = {Time to unlock the potential of bi-parliamentarism - The Franco-German model}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36899}, pages = {6}, abstract = {The inception of the Franco-German Parliamentary Assembly in January 2019 marked an important step towards the institutionalization of Franco-German relations on a parliamentary level. The Assembly provides a forum for binational debate and democratic scrutiny, and has the potential to strengthen Franco-German cooperation and leadership at EU level by fostering practical compromises and solutions bilaterally before they are being brought to Brussels. The Assembly nevertheless falls short of its potential. In their policy brief, Henriette Heimbach and Thu Nguyen assess the Assembly's shortcomings and provide suggestions for improvement. Apart from enhancing the transparency of its work, the Assembly should focus on addressing concrete bilateral problems and channeling them into concrete demands. At the same time, the Assembly should act as coordination forum for Franco-German positions at EU level to foster common positions. The authors conclude that despite its shortcomings, the Franco-German Parliamentary Assembly can serve as a role model for other member states to establish and institutionalize similar forms of bi-parliamentarism.}, language = {en} } @techreport{Kask, type = {Working Paper}, author = {Kask, Maarja}, title = {A European approach to regulating AI - The Commission's AI strategy}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36904}, pages = {6}, abstract = {The European Commission's AI strategy was released just a few short weeks before the global pandemic hit Europe. In her policy brief, Maarja Kask argues that AI can only be expected to help us through this pandemic and on a path of economic recovery if the upcoming legislation resolves the issues evident in the white paper. Not only does the Commission need to explain what it means when it talks about AI, but also be clear about its investment plan. The member states will also need to pull their weight when it comes to funding for the strategy to succeed.}, language = {en} } @article{BobićDawson, author = {Bobić, Ana and Dawson, Mark}, title = {Making sense of the "incomprehensible": The PSPP Judgment of the German Federal Constitutional Court}, series = {Common Market Law Review}, volume = {57}, journal = {Common Market Law Review}, number = {6}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36925}, pages = {1953 -- 1998}, language = {en} } @article{DawsonMaricutAkbik, author = {Dawson, Mark and Maricut-Akbik, Adina}, title = {Procedural vs substantive accountability in EMU governance: between payoffs and trade-offs}, series = {Journal of European Public Policy}, journal = {Journal of European Public Policy}, doi = {10.1080/13501763.2020.1797145}, pages = {1 -- 20}, abstract = {his article introduces a new normative framework for analysing accountability in the European Union's Economic and Monetary Union (EMU). The framework is anchored in four normative 'goods' that accountability is supposed to ensure: openness, non-arbitrariness, effectiveness, and publicness. All of these can be achieved in a procedural or substantive way, depending on whether actors are held accountable for the quality of their decision-making processes or for the actual merit of their decisions. Transposed to EMU, this conceptualisation shows both the payoffs and trade-offs of prioritising procedural accountability. Using different examples across EMU governance, the article illustrates how current mechanisms of political, legal, and administrative accountability predominantly evaluate the procedures followed by EU institutions when performing their tasks. While such an approach can bring clarity, predictability, and autonomy for the actors involved, it distracts attention from the substantive assessment of EMU decisions. The article contributes to the EMU accountability literature by going beyond principal-agent expectations of democratic control rooted in the nation-state or legal debates about principles for accountable behaviour found in EU Treaties. The EMU, and the EU more broadly, need a different perspective on accountability focused on generally-applicable standards for holding power to account.}, language = {en} } @techreport{Guttenberg, type = {Working Paper}, author = {Guttenberg, Lucas}, title = {Time to come home - If the ESM is to stay relevant, it should be reinvented inside the EU}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36962}, pages = {5}, abstract = {When restarting work on reforming the European Stability Mechanism (ESM), the Eurogroup should heed the lessons of the pandemic: The ESM has become politically unviable while there is apparently a lot more flexibility within the EU treaties than previously thought. Therefore, this policy brief argues that the old reform plans should be put to one side and the ESM should be reinvented inside the EU legal order if it is to remain relevant. Such a reinvention would create a coherent crisis management framework that would be politically sustainable in the long run.}, language = {en} } @techreport{RedekerStahl, type = {Working Paper}, author = {Redeker, Nils and Stahl, Anna}, title = {Pushed by the pandemic - Shaping Europe's changing geo-economic relations with China}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36975}, pages = {14}, abstract = {The coronavirus crisis accentuates many of the existing tensions in EU-China relations. While some see China's economic rebound as a main factor in Europe's own recovery, the crisis will also harden the country's adherence to a state-led development model, further reduce its willingness to level the playing field and intensify big power competition with the U.S. This policy paper argues that the EU should not overestimate its dependencies on China and take a robust stance in ongoing negotiations, for example regarding the Comprehensive Investment Agreement. Moreover, the EU should further strengthen its ability to counter the distorting effects of Chinese economic practices and step up efforts to shield itself from the negative repercussions of the geo-economic rivalry between China and the U.S.}, language = {en} } @techreport{GuttenbergHemkerTordoir, type = {Working Paper}, author = {Guttenberg, Lucas and Hemker, Johannes and Tordoir, Sander}, title = {Everything will be different: How the pandemic is changing EU economic governance}, doi = {10.48462/opus4-3734}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37344}, pages = {5}, abstract = {The pandemic will completely shake up the EU's economic governance in five ways: EU debt is possible and will become a reality; the EU and the Eurozone get a fiscal capacity; the European Semester will be history; the crisis managament architecture is politically questioned; and the Eurozone loses its relevance for EU decision-making. Taken together, these five lessons from the pandemic will render the old pre-pandemic Eurozone reform agenda obsolete. EU institutions should use the coming 18 months to prepare a new reform agenda for EU economic governance that can deliver tangible results before the next EU long-term budget will be negotiated.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Out of the Dark - An EU Asset Register to Combat Illicit Financial Flows}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45237}, pages = {8}, abstract = {The challenges of enforcing sanctions against Russian oligarchs have brought the problem of financial secrecy to the fore. Governments in the EU lack the information necessary to identify, locate and freeze the assets of Vladimir Putin's entourage. What is missing is an EU-wide asset register that would not only shed light on the wealth of sanctioned individuals, but also help in Europe's fight against financial crime. This policy brief outlines the steps needed to build an interconnected EU asset register based on existing data collection requirements. Such a register could be practically implemented in the context of the ongoing overhaul of the EU anti-money laundering legislation.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {Koenig, Nicole}, title = {Putin's war and the Strategic Compass: A quantum leap for the EU's security and defence policy?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45242}, pages = {8}, abstract = {One month into the Russian war against Ukraine, the EU approved the Strategic Compass. The strategy document promises a quantum leap in the EU's security and defence policy. But how realistic is this? The war sharpened the focus of the Compass, it triggered a substantial increase in defence spending, and it enhanced the sense of urgency regarding implementation. It is less clear whether it will entail a greater capacity to act, more strategic autonomy and better spending. The member states will have to move on these issues if there is to be a real quantum leap.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {How to change what? A Reformer's Guide to the legal bases of the EU fiscal framework}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45256}, pages = {9}, abstract = {Between the deleterious effect of the Covid pandemic on public finances and the financial investments required to stem the growing climate emergency, the debate on reforming the EU fiscal framework has become ever more urgent. At the same time, there is no consensus on what reforms are needed even among those calling for them. A variety of proposals exists but it often remains unclear what legal changes they imply. This question is key for their implementation, however. In this Policy Brief, Thu Nguyen provides an overview of the legal bases of the current EU fiscal framework to help inform the reform debate.}, language = {en} } @techreport{RedekerNguyen, type = {Working Paper}, author = {Redeker, Nils and Nguyen, Thu}, title = {If not now, when? The German government should seize the opportunity that the Conference on the Future of Europe provides}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45271}, pages = {3}, abstract = {Last week, the Conference on the Future of Europe was concluded. Now far-reaching reform proposals are on the table. However, there is a great risk of these proposals petering out. The Russian war of aggression shows how urgently the EU needs reforms. The German government should therefore seize the opportunity presented by the Conference. First, it should take its own European policy ambitions seriously and join forces with France to push for treaty changes. Second, it must find pragmatic steps in the short term to develop a constructive agenda from the Conference proposals, even below the threshold of treaty change.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {The proof of the pudding. Imposing financial measures for rule of law breaches.}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45294}, pages = {9}, abstract = {The EU's rule of law toolbox is growing, not just in theory but also in practice. At the same time, the Russian war in Ukraine has made abundantly clear the importance of protecting rule of law and democracy also at home. In this Policy Brief, Thu Nguyen maps the tools the EU has at its disposal to impose financial measures against member states that breach the rule of law. By illustrating the potential scale and scope of those instruments, she shows that the window of opportunity to leverage EU money against member states to enforce compliance with rule of law has never been bigger.}, language = {en} } @techreport{RedekerJaeger, type = {Working Paper}, author = {Redeker, Nils and J{\"a}ger, Philipp}, title = {New needs, new prices, same money - Why the EU must raise its game to combat the war's economic fallout}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45307}, pages = {7}, abstract = {Russia's invasion of Ukraine puts EU economic policy making on the spot. At the beginning of the war, there was some uncertainty whether the combination of dampening growth, rising energy prices and new investment needs would warrant new common EU spending. However, in recent weeks the fog has cleared. It is now evident, that without additional common expenditures the EU risks undermining its common position towards Russia and that new money is needed to finance necessary investments in energy independence.}, language = {en} } @techreport{Redeker, type = {Working Paper}, author = {Redeker, Nils}, title = {Wielding the Big Gun - What the ECB's New Bond Purchasing Program Means for EU Governance}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45316}, pages = {9}, abstract = {With the Transmission Protection Instrument (TPI), the ECB has significantly widened its toolbox. However, the implications of the new program go beyond monetary policy. By linking bond purchases to member states following the EU's economic governance framework, the central bank has potentially increased the size of the gun the Commission and the Council can wield to incentivize compliance. But it has also made it much harder to pull the trigger. Without reforms, the new ECB program will therefore accentuate existing deficiencies of the rulebook. The onus is now on politics to change that.}, language = {en} } @techreport{RascheWelfensEngler, type = {Working Paper}, author = {Rasche, Lucas and Welfens, Natalie and Engler, Marcus}, title = {The EU Migration Pact at Two: What Remains of the Fresh Start?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45325}, pages = {8}, abstract = {Two years after the presentation of the New Pact on Asylum and Migration, this policy brief takes stock of the negotiations. Although there has recently been some movement in the efforts to reform the EU asylum system, which have been stuck for years, little has remained of the promised "fresh start". The authors argue that the proposed reforms and the reference to individual progress in the negotiations seem increasingly out of touch with reality given the ongoing grievances at the EU's external borders. In view of the Council's and the European Parliament's (EP) goal of concluding negotiations by April 2024, the progressive forces in both institutions should use the remaining time to make access to a fair asylum procedure and respect for fundamental rights at the EU's external borders central building blocks of the reformed asylum system.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Give us the tools and we'll finish the job: How Europe can fix the broken audit market}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45330}, pages = {19}, abstract = {The European audit market has been broken for far too long. After glaring audit failures in the recent past, the legislation is once more under review. Fixing the persistent shortcomings will require serious reforms in three areas. To increase competition and rein in the dominant position of the Big Four, joint audits including at least one challenger firm should become mandatory. Auditors should be prohibited from providing their audit clients with consulting services to eliminate conflicts of interest. And the European Securities and Markets Authority (ESMA) should directly supervise the biggest audit firms to ensure effective oversight. With bold and binding tools, European decision-makers can finish the job and finally turn the EU audit market around.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {Koenig, Nicole}, title = {Towards QMV in EU Foreign Policy: Different Paths at Multiple Speeds}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45343}, pages = {9}, abstract = {The Conference on the Future of Europe has put the extension of qualified majority voting (QMV) at the top of the EU's reform agenda. The EU's response to the invasion of Ukraine has underlined the pitfalls associated with unanimity. And the old debate on the balance between deepening and widening has come back with the prospective EU membership for Ukraine and Moldova. While the extension of QMV to the EU's Common Foreign and Security Policy (CFSP) is currently the most popular reform option for member states, there is no quick and easy path towards it. This policy brief discusses different paths and potential short-cuts. The member states should seize the current window of opportunity to explore different approaches and speeds for different sub-areas of CFSP and prepare a broader reform package for the medium to long term.}, language = {en} } @article{GenschelJachtenfuchsMigliorati, author = {Genschel, Philipp and Jachtenfuchs, Markus and Migliorati, Marta}, title = {Differentiated integration as symbolic politics? Constitutional differentiation and policy reintegration in core state powers}, series = {European Union Politics}, journal = {European Union Politics}, doi = {10.1177/14651165221128291}, abstract = {What are the policy consequences of constitutional differentiation in core state powers? We argue that the most important consequence is not necessarily the exclusion of the constitutional outs from the policies of the ins, but their reintegration by different means. The outs often have strong functional and political incentives to re-join the policies they opted out from, and the ins have good reasons to help them back in. We develop a theoretical framework that derives the incentives for reintegration from the costs of a policy exclusion. We use a novel dataset of reintegration opportunities to map trends and patterns of reintegration across policy fields and member states. We analyze selected cases of reintegration to probe the plausibility of our theoretical argument.}, language = {en} } @article{vandenBrink, author = {van den Brink, Martijn}, title = {When can religious employers discriminate? The scope of the religious ethos exemption in EU law}, series = {European Law Open}, volume = {1}, journal = {European Law Open}, number = {1}, doi = {10.1017/elo.2022.1}, pages = {89 -- 112}, abstract = {When are religious employers exempt from the prohibition of discrimination (i.e., when can they discriminate against non-adherents)? The European Union (EU) Equality Framework Directive exempts religious employers from the prohibition of religious discrimination, but the scope of the religious ethos exemption is disputed and its interpretation by the Court of Justice of the European Union (CJEU) in Egenberger and IR v JQ has been criticised for being ultra vires and for disrespecting the constitutional identities of the EU Member States. This article clarifies the religious ethos exemption, by examining the underlying legal and normative issues that determine its scope. It shows that the scope of the exemption depends not just on the Framework Directive but also on the relationship between EU law and national constitutional law and that between EU law and international law. Thus, this article not only provides clarity regarding the religious ethos exemption, but also uses these judgements as an opportunity to revisit these related constitutional issues, and in particular the role of the CJEU and EU legislature in defining the place of national constitutional identity in EU law.}, language = {en} } @incollection{vandenBrink, author = {van den Brink, Martijn}, title = {The relationship between national and EU citizenship: What is it and what should it be?}, series = {Research Handbook on European Union Citizenship Law and Policy. Navigating Challenges and Crises.}, booktitle = {Research Handbook on European Union Citizenship Law and Policy. Navigating Challenges and Crises.}, editor = {Daniel, Thym and Dora, Kostakopoulou}, publisher = {Edward Elgar Publishing}, address = {Cheltenham}, isbn = {978 1 78897 289 5}, doi = {10.4337/9781788972901}, publisher = {Hertie School}, pages = {100 -- 114}, abstract = {In this chapter, Martijn van den Brink discusses two questions: what is the relationship between national and EU citizenship legally speaking, and what should it be normatively speaking? While often conflated, these questions must be considered independently of each other. He argues first that EU law is not even capable of justifying the very minimal restrictions CJEU case law has imposed on the authority of Member States to determine the rules on the acquisition and loss of national citizenship. It certainly cannot justify more far-reaching restrictions such as outlawing investor citizenship or allowing UK nationals to retain their EU citizenship. Normatively speaking, however, Martijn van den Brink makes the case for giving the EU greater influence over the conditions relating to the loss and acquisition of national and EU citizenship, in particular to ensure that third-country nationals with social ties to their society of residence have a credible path to citizenship.}, language = {en} } @techreport{Obendiek, type = {Working Paper}, author = {Obendiek, Anke S.}, title = {The Risks of Conceptualizing Data as a Silver Bullet in the COVID-19 Pandemic}, abstract = {Suggesting that wide-ranging access to personal data will fix the shortcomings in the liberal countries' pandemic response has significant drawbacks, as Anke Obendiek analyses in her blog post. On the one hand, this idea risks playing into a corporate narrative that advocates technological responses to any social problem - despite limited success. On the other hand, it ignores that, as public actors choose to delegate their responsibilities to private tech companies, increased data access is likely to undermine accountability principles.}, language = {en} } @article{FreudlspergerMaricutAkbikMigliorati, author = {Freudlsperger, Christian and Maricut-Akbik, Adina and Migliorati, Marta}, title = {Opening Pandora's Box? Joint Sovereignty and the Rise of EU Agencies with Operational Tasks}, series = {Comparitive Political Studies}, volume = {55}, journal = {Comparitive Political Studies}, number = {12}, doi = {10.1177/00104140211066223}, pages = {1983 -- 2014}, abstract = {This article problematises the proliferation of European Union (EU) agencies with operational tasks as a new phenomenon capturing the exercise of joint sovereignty in European integration. While joint decision-making has been a feature of EU politics for decades, joint sovereignty is a broader category that additionally involves the creation of EU bodies able to intervene 'on the ground' alongside national public actors. We argue that the choice for joint sovereignty opens a Pandora's box of implementation deficiencies which undermine the ability of both national and supranational actors to conduct operational activities effectively. We subsequently identify two frequent dysfunctions in policy implementation and connect them to ambiguity and conflict at the decision-making stage. Empirically, we illustrate the systemic link between decision-making and implementation problems in the functioning of two agencies with operational tasks active in the fields of border management (Frontex) and police cooperation (Europol).}, language = {en} } @article{Obendiek, author = {Obendiek, Anke S.}, title = {What Are We Actually Talking About? Conceptualizing Data as a Governable Object in Overlapping Jurisdictions}, series = {International Studies Quarterly}, volume = {66}, journal = {International Studies Quarterly}, number = {1}, doi = {10.1093/isq/sqab080}, abstract = {Data form an increasingly essential element of contemporary politics, as both public and private actors extend claims of their legitimate control in diverse areas including health, security, and trade. This paper investigates data governance as a site of fundamental normative and political ordering processes that unfold in light of ever-increasing inter- and transnational linkages. Drawing on the concept of jurisdictional conflicts, the paper traces the evolution of data governance in three cases of transatlantic conflicts as diverging definitional claims over data. The paper argues that these conflicts reveal varying conceptualizations of data linked to four distinct visions of the social world. First, a conceptualization of data as an individual rights issue links human rights with the promotion of sovereignty to a vision of data governance as local liberalism. Second, proponents of a security partnership promote global security cooperation based on the conceptualization of data as a neutral instrument. Third, a conceptualization of data as an economic resource is linked to a vision of the digital economy that endorses progress and innovation with limited regulation. Fourth, a conceptualization of data as a collective resource links the values of universal rights and global rules to a vision of global protection.}, language = {en} } @article{KoopReh, author = {Koop, Christel and Reh, Christine}, title = {Europe's Bank and Europe's Citizens: Accountability, transparency - legitimacy?}, series = {Maastricht Journal of European and Comparative Law}, volume = {26}, journal = {Maastricht Journal of European and Comparative Law}, number = {1}, doi = {10.1177/1023263X19827906}, pages = {63 -- 80}, abstract = {Since the Eurozone crisis, critique of the European Central Bank (ECB) has centred on the Bank's lack of acceptance by Europe's citizens. One prominent strand of the debate argues that such acceptance can be enhanced by ensuring higher levels of compliance with the democratic standards of accountability and transparency. This article critically assesses this 'standards-support nexus' and its underlying assumptions. We suggest that three conditions need to be fulfilled for the argument to hold: (i) citizens are aware of the ECB and its design; (ii) citizens prioritise democratic standards over alternative motivations for acceptance; and (iii) citizens are able to differentiate between the ECB and the European Union's wider multilevel system. Drawing from the established literature on support for European integration and trust in the ECB and from descriptive Eurobarometer data, we conclude that these three conditions are unlikely to bear out empirically. Moreover, increasing the ECB's accountability and transparency in times of crisis and heightened politicisation could adversely affect the Bank's policy-performance and public image. Hence, whilst not questioning the normative desirability of accountability and transparency, we caution against assuming too easily that such democratic standards alone will enhance citizen support, and against assuming that they come without trade-offs.}, language = {en} } @article{RohdeLiebenau, author = {Rohde-Liebenau, Judith}, title = {EU identity visions and narratives of 'us' and 'them' in European Schools}, series = {European Societies}, volume = {24}, journal = {European Societies}, number = {4}, doi = {10.1080/14616696.2022.2101679}, pages = {409 -- 430}, abstract = {In 'European Schools', created for children of EU officials, narratives of European identity among students could match EU visions. Yet, students' individual narrations of their identities are more complex. The study systematises these narratives of Europeanness: cosmopolitan, multinational and transnational notions of 'us' and 'them'. Qualitative thematic analysis provides perspectives on what 'being (not) European' means for EU, European Schools and teachers - and most importantly, it disentangles identity narratives of European School students. Based on interviewing 101 students across three schools, the analysis shows that EU and European School propositions of a multinational European identity differ from teachers' and students' cosmopolitan and transnational narratives. At the EU level, Europeanness implies an 'out-group' of a nationalist, war-torn past. Students contradict EU visions by widening teachers' antinationalist narrative and excluding people within Europe. They exclude intolerant and narrow-minded, but more generally people who are more national and less mobile than their 'in-group'. Systematically comparing European identity narratives thus helps to uncover these contradictions. Not all narratives about Europe are available to everyone and individual opportunities to partake in mobile, multilingual Europeanness need reconsideration.}, language = {en} } @article{MaricutAkbik, author = {Maricut-Akbik, Adina}, title = {Contesting the European Central Bank in Banking Supervision:Accountability in Practice at the European Parliament}, series = {JCMS: Journal of Common Market Studies}, volume = {58}, journal = {JCMS: Journal of Common Market Studies}, number = {5}, doi = {10.1111/jcms.13024}, pages = {1199 -- 1214}, abstract = {The establishment of the Single Supervisory Mechanism (SSM) raised expectations regarding theability of the European Parliament (EP) to hold the European Central Bank (ECB) accountable forits decisions. This article examines the accountability interactions between the two institutions inthefirst years of the functioning of the SSM (2013-18). The focus is on the extent to which the EPcontests ECB supervisory decisions in practice through letters and public hearings. The analysisshows a frequently-used infrastructure of political accountability that is however limited in ensur-ing the contestation of ECB conduct in banking supervision. The study identifies problems withthe performance of the EP as an accountability forum and with the tight confidentiality rules ofthe SSM, which allow the ECB to silence contestation on many politically salient issues. Thefind-ings are based on an innovative analytical framework on the study of accountability interactions.}, language = {en} } @techreport{SchneemelcherHaas, type = {Working Paper}, author = {Schneemelcher, Pola and Haas, J{\"o}rg}, title = {Rules enforcement in the EU: "Conditionality" to the rescue?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45510}, pages = {14}, abstract = {Budget conditionality has become a key issue in the ongoing debate on the next multiannual financial framework. Some regard it as the EU's silver bullet against member states that refuse to implement EU values, rules and decisions. Others fear excessive interference in national competences. In this policy paper, J{\"o}rg Haas and Pola Schneemelcher examine what conditionality means in the EU context and whether it really improves the enforceability of EU rules and values.}, language = {en} } @article{MaricutAkbik, author = {Maricut-Akbik, Adina}, title = {Speaking on Europe's behalf: EU discourses of representation during the refugee crisis}, series = {Journal of European Integration}, volume = {43}, journal = {Journal of European Integration}, number = {7}, doi = {10.1080/07036337.2020.1855157}, pages = {781 -- 798}, abstract = {This article aims to understand the lack of consensus at the European Union (EU) level during the refugee crisis based on the discursive polarization of the main governmental and institutional actors involved in decision-making. Drawing on de Wilde's representative claims analysis, the goal is to trace competing claims of representation made on 'Europe's behalf' by multiple actors claiming to defend EU values or the interests of citizens. The analysis covers Politico Europe articles published during 2015-16, capturing the height of the crisis. The findings illustrate the self-understandings of actors on a humanitarian-communitarian axis that became intertwined with concerns for internal EU solidarity and the survival of the Schengen Area. The analysis contributes to the literature on EU politicization and discursive framing during the refugee crisis, showing how the actors involved in EU decision-making had very different conceptions of what was at stake in the episode.}, language = {en} } @book{Akbik, author = {Akbik, Adina}, title = {The European Parliament as an Accountability Forum: Overseeing the Economic and Monetary Union}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781108886611}, publisher = {Hertie School}, pages = {234}, abstract = {This book provides the first in-depth empirical study of the European Parliament's powers of scrutiny of the executive in the European Union (EU), focusing on the politically salient field of the Economic and Monetary Union. The expansion of executive decision-making during the euro crisis was accompanied by an empowerment of the European Parliament through legislative oversight. This book examines how the European Parliament exercises that oversight on a day-to-day basis and thus contributes to political accountability at the EU level. Building on an innovative analytical framework for the study of parliamentary questions and answers, Adina Akbik sheds light on the European Parliament's possibilities and limitations to hold EU executive bodies accountable more generally. Case studies cover the period 2012-2019 and include the European Central Bank in banking supervision, the European Commission, the Eurogroup, and the Economic and Financial Affairs Council.}, language = {en} } @misc{DawsonJachtenfuchs, author = {Dawson, Mark and Jachtenfuchs, Markus}, title = {Autonomy without collapse in a Better European Union}, editor = {Dawson, Mark and Jachtenfuchs, Markus}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780192897541}, pages = {208}, abstract = {The European Union's history exhibits numerous episodes in which Member States have sought to re-enforce their national autonomy in the face of deepening integration. Efforts to re-gain autonomy, however, are often accompanied by legitimate concerns that autonomy will lead to dis-integration or will have wider destructive consequences. The EU thus faces a dilemma. Calls for autonomy cannot all be dismissed as mere populist rhetoric or national egoism but instead represent a legitimate questioning of the degree of uniformity that EU law and politics presently carry. At the same time, the fear that greater autonomy may carry dis-integrative effects is also legitimate -uniformity is not an accidental by-product of the EU's construction but intrinsically related to its policy goals. Giving too much room for autonomy might create an opportunity structure for the loss of collective goods, deficits in problem-solving, and perhaps even to self-destruction. The EU requires autonomy, but in doing so, it must also avoid collapse. Can it achieve it, and if so, how? Autonomy without Collapse is devoted to exploring innovative answers to this question. It draws together scholars in law and political science interested in exploring how to overcome the central dilemma of preserving sustainable yet real autonomy in the future European Union.}, language = {en} } @incollection{DawsonJachtenfuchs, author = {Dawson, Mark and Jachtenfuchs, Markus}, title = {Autonomy without Collapse? Towards a Better European Union.}, series = {Autonomy without Collapse in a Better European Union}, booktitle = {Autonomy without Collapse in a Better European Union}, editor = {Dawson, Mark and Jachtenfuchs, Markus}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780192897541}, publisher = {Hertie School}, pages = {3 -- 20}, language = {en} } @article{FreudlspergerJachtenfuchs, author = {Freudlsperger, Christian and Jachtenfuchs, Markus}, title = {Wendepunkt Corona-Krise? Deutsche Pr{\"a}ferenzen zur europ{\"a}ischen Integration staatlicher Kerngewalten seit Maastricht}, series = {integration}, volume = {44}, journal = {integration}, number = {2}, doi = {10.5771/0720-5120-2021-2-81}, pages = {81 -- 96}, abstract = {Did the Covid-19 crisis prompt a turn in German EU policy? Investigating the long-term development of German preferences on the European integration of core state powers, we find striking continuity. German governments persistently seek to minimise their costs from and maximise their control over integration. Consequently, they back supranational capacity-building primarily as a last resort in existential systemic crises. The Corona recovery fund, which is temporary and placed under intergovernmental control, is in line with this general long-term preference and does little to alleviate the structural flaws of the Euro area.}, language = {de} } @article{GenschelJachtenfuchs, author = {Genschel, Philipp and Jachtenfuchs, Markus}, title = {Postfunctionalism reversed: solidarity and rebordering during the COVID-19 pandemic}, series = {Journal of European Public Policy}, volume = {28}, journal = {Journal of European Public Policy}, number = {3}, issn = {Print ISSN: 1350-1763, Online ISSN: 1466-4429}, doi = {10.1080/13501763.2021.1881588}, pages = {350 -- 369}, abstract = {Postfunctionalism posits a tradeoff between the functional scale of governance and the territorial scope of community: functional scale is large and transnational for efficiency reasons; community is small-scale and (sub-)national for reasons of social trust and collective identification. COVID-19 has turned this tradeoff upside down: it has shrunk functional scale to the (sub-)national level in the name of security, while lifting expectations of community to the grand transnational scale in the name of solidarity. This reversal of scales has resulted in a rapid rebordering of the Single Market and the Schengen area on the one hand, and a significant debordering of fiscal risk and burden sharing on the other. We reconstruct the evolution of this double-movement from January to August 2020, contrast it to historical trends in the scale-community tradeoff of European integration, and discuss implications for postfunctionalist theory.}, language = {en} } @article{FreudlspergerJachtenfuchs, author = {Freudlsperger, Christian and Jachtenfuchs, Markus}, title = {A member state like any other? Germany and the European integration of core state powers}, series = {Journal of European Integration}, volume = {43}, journal = {Journal of European Integration}, number = {2}, issn = {Print ISSN: 0703-6337, Online ISSN: 1477-2280}, doi = {10.1080/07036337.2021.1877695}, pages = {117 -- 135}, abstract = {The EU has integrated core state powers in a largely unsustainable manner. Why is this? In this introduction to a special issue on Germany, we take an in-depth look at national preference-formation. We trace the impact of state elites, as emphasised by functionalist theories, and mass publics and political parties, as stressed by postfunctionalism. We find that across policy fields and with striking continuity over time, Germany acts as a normal member state. The country prefers the regulation of national capacities over the creation of European capacities, and (increasingly) the intergovernmental rather than supranational control of those capacities. Only in existential crises, Germany supports European capacity-building under intergovernmental control. This leads to unstable integration but is not an indicator of hegemonic dominance. Crucial from both a practical and theoretical perspective, there exists no major gap between state elites and political parties or public opinion on German preferences.}, language = {en} } @periodical{OPUS4-4562, title = {A member state like any other? Germany and the European integration of core state powers}, series = {Journal of European Integration}, volume = {43}, journal = {Journal of European Integration}, number = {2}, editor = {Freudlsperger, Christian and Jachtenfuchs, Markus}, publisher = {Taylor \& Francis}, address = {London}, issn = {Print ISSN: 0703-6337, Online ISSN: 1477-2280}, pages = {143}, language = {en} } @article{Bogoeski, author = {Bogoeski, Vladimir}, title = {A slaughterhouse for workers}, series = {International Politics and Society}, journal = {International Politics and Society}, language = {en} } @article{Bogoeski, author = {Bogoeski, Vladimir}, title = {The German asparagus saga}, series = {International Politics and Society}, journal = {International Politics and Society}, language = {en} } @phdthesis{Freudlsperger, author = {Freudlsperger, Christian}, title = {More voice, less exit. Sub-federal Resistance to International Procurement Liberalisation in the European Union, the United States and Canada}, doi = {10.48462/opus4-2529}, school = {Hertie School}, pages = {302}, abstract = {Via an agenda of "deep trade", global trade governance has increasingly intruded into domestic regulatory space. This is all the more relevant in federally-organised polities in which competencies now subjected to international rule-setting are constituent units' prerogatives. In many federations, the field of public procurement is a case in point. At the same time, sub-federal executives' resistance to international procurement liberalisation has varied vastly across federations. While EU member states' resistance has remained low, US states' resistance has persisted and increased in recent years. The Canadian provinces, in turn, have only recently begun to open their procurement markets to foreign suppliers. In an attempt to explain this puzzling variance in sub-federal resistance, this Dissertation argues that federations' domestic institutional and procedural foundations bear an influence on policy outcomes in trade liberalisation. Relying on the concepts of "exit" and "voice" (Hirschman 1970), it posits that sub-federal executives' voice is inversely related to their reliance on exit. The more voice sub-federal executives are equipped with, the less they dispose of an incentive to exit from a system-wide policy or international commitment. Voice hinges, firstly, on a federation's institutional configuration. Council federalism, providing constituent units with a direct representation in federation-wide policy-making, endows sub-federal executives with more voice than senate federalism which relies on indirect forms of territorial representation. It depends, secondly, on the nature of vertical relations between both orders of government. Constituent units enjoy more voice when their relations with the federal level are collaborative, marked by formalised patterns of joint policy-making, rather than competitive, pursuing a delineation of federal and subfederal spheres of competence. In case studies of the United States, Canada and the European Union, the Dissertation finds that the posited inverse relationship between sub-federal voice and exit holds and that resistance among sub-federal executives has indeed evolved systematically. In the US senate federation, effective means of joint policy-making have not evolved in the noncoercive field of procurement. In the Canadian case, increasing vertical collaboration has compensated provinces for senate federalism's low voice. In comparison, the EU case proves peculiar for constituent units' decisive role in its second chamber federalism and the dense regime of trusting vertical collaboration it accommodates. Member states' low resistance is a manifestation of the EU trade regime's comparatively effective workings. Eventually, the dissertation's findings hint at an appropriate institutional and procedural design for international rule-setting in multi-level settings. If federal executives seek to subject sub-federal prerogatives to international constraints, they should allow for constituent units' continuous, systematic and collaborative inclusion.}, language = {en} } @article{BoisDawson, author = {Bois, Julien and Dawson, Mark}, title = {Towards a legally plausible theory of judicialization in the European Union}, series = {Journal of European Integration}, volume = {45}, journal = {Journal of European Integration}, number = {5}, doi = {10.1080/07036337.2023.2190104}, pages = {823 -- 842}, abstract = {This article examines the development of judicialization literature in the EU arguing that - in spite of the obvious advantages of interdisciplinary collaboration - scholarship on judicialization in law and political science is drafting apart in the 21st Century. While early political science research on the European Courts found theoretical inspiration in legal research, law and political science have increasingly diverging epistemological and methodological starting points. As the article argues, using prominent papers, this results in both disciplines producing partial accounts of judicial change with limited external validity. The article concludes by offering routes to improving the inter-disciplinary foundations of judicialization research.}, language = {en} } @article{Bobzien, author = {Bobzien, Licia}, title = {Income Inequality and Political Trust: Do Fairness Perceptions Matter?}, series = {Social Indicators Research}, journal = {Social Indicators Research}, doi = {10.1007/s11205-023-03168-9}, abstract = {Political trust—in terms of trust in political institutions—is an important precondition for the functioning and stability of democracy. One widely studied determinant of political trust is income inequality. While the empirical finding that societies with lower levels of income inequality have higher levels of trust is well established, the exact ways in which income inequality affects political trust remain unclear. Past research has shown that individuals oftentimes have biased perceptions of inequality. Considering potentially biased inequality perceptions, Licia Bobzien argues that individuals compare their perceptions of inequality to their preference for inequality. If they identify a gap between what they perceive and what they prefer (= fairness gap), they consider their attitudes towards inequality unrepresented. This, in turn, reduces trust in political institutions. Using three waves of the ESS and the ISSP in a cross-country perspective, she finds that (1) perceiving a larger fairness gap is associated with lower levels of political trust; (2) the fairness gap mediates the link between actual inequality and political trust; and (3) disaggregating the fairness gap measure, political trust is more strongly linked to variation in inequality perceptions than to variation in inequality preferences. This indicates that inequality perceptions are an important factor shaping trust into political institutions.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {Europe's engine or wrench in the works? French-German cooperation on EU energy policy}, pages = {13}, abstract = {The "Franco-German Engine" currently stutters more than in the past, especially on energy topics. At times, this obstructs urgently needed policy making at the EU level. This policy brief attempts to illuminate the differences and commonalities between Germany and France on EU energy policy. First, it provides an overview of the German and French energy landscapes and their future objectives. Second, it describes the German and French positions on four controversial energy policy areas: nuclear energy, grid expansion, electricity market reform and guaranteeing low prices for energy-intensive industry. For each area, it identifies the key Franco-German pain-points and opportunities for the way forward.}, language = {en} } @techreport{Ostanina, type = {Working Paper}, author = {Ostanina, Sascha}, title = {Ukraine's recovery: A huge challenge ahead}, pages = {3}, abstract = {Ukraine's post-war recovery will require concerted, long-term EU commitment, leveraging substantial private investment, Sascha Ostanina argues in this policy position.}, language = {en} } @techreport{HasselThelen, type = {Working Paper}, author = {Hassel, Anke and Thelen, Kathleen}, title = {Institutional reform for Inclusive Growth: Lessons from Germany and Sweden}, publisher = {The Economy 2030 Inquiry, Resolution Foundation}, address = {London}, pages = {17}, abstract = {In this essay, part of our Navigating Economic Change series, Anke Hassel and Kathleen Thelen explore strategies for mitigating some of the income, job and educational inequalities that rich democracies are currently confronting as a result of technological change and the growing gap between winners and losers in the new knowledge economy.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {Institutional Corsets and the Question of Timing: How Much Damage Can the Hungarian Council Presidency Do?}, pages = {3}, abstract = {Hungary is set to take over the EU Council presidency in the second half of 2024. Given the state of the rule of law in the country, there are doubts whether Hungary will be able to successfully fulfill tis role. A debate on whether it should be blocked from taking over the presidency on 1 July 2024 is in full swing. In this Policy Position, Thu Nguyen analyses the institutional role of Council presidencies, and argues that the Hungarian presidency will not be able to do much damage considering both the institutional corset and the time period in which it will operate.}, language = {en} } @techreport{Jansen, type = {Working Paper}, author = {Jansen, Jannik}, title = {When trust becomes a luxury: How economic crises undermine political trust among the most disadvantaged}, pages = {13}, abstract = {Recent economic crises have disproportionately impacted the least advantaged in society. As Europe approaches the upcoming European Parliament elections in 2024, there are renewed concerns about an erosion of trust in democratic institutions in Europe. This policy brief looks back to the Great Recession in 2008, which led to a decline in trust and an increase in support for populist parties. Contrary to optimistic assessments, it shows that the apparent rebound of political trust at the country level masks heterogenous developments within European societies. Disadvantaged groups, particularly those with lower income and education levels, experienced a more pronounced drop in trust in the European Parliament in the aftermath of the Great Recession. Alarmingly, those groups' trust levels have not bounced back to pre-crisis levels yet. To avoid that this gap in political trust widens even further, EU policymakers need to focus more on targeted support measures to cushion the blow of recent crises on already disadvantaged groups.}, language = {en} } @techreport{vandenBrink, type = {Working Paper}, author = {van den Brink, Martijn}, title = {An Inconvenient Constraint: A Hungarian Council Presidency and the EU's Rule of Law}, pages = {4}, abstract = {On 1 July 2024, Hungary is set to take over the Presidency of the Council of Ministers. Given the ongoing rule of law violations in Hungary, concrete proposals have been put forward to prevent it from exercising the Presidency. In this Policy Position, Martijn van den Brink analyzes the legal feasibility of these proposals and argues that the proposed EU measures violate the EU's very own rule of law.}, language = {en} } @techreport{Ostanina, type = {Working Paper}, author = {Ostanina, Sascha}, title = {Winning the Peace in Ukraine: Stimulating private investment for Ukraine's reconstruction}, pages = {10}, abstract = {Ukraine's post-war reconstruction represents a mammoth task. Its successful implementation will depend, inter alia, on Ukraine's ability to attract private sector support for its reconstruction projects. To enhance the country's investment attractiveness, the European Commission put forward a €50bn Ukraine Facility proposal for 2024-2027. Will this initiative suffice to uncover Ukraine's investment potential? In this policy brief, Sascha Ostanina maps proposed EU investment incentives for Ukraine and analyses shortcomings in the current approach. Fine-tuning its assistance mechanisms requires the EU to help Ukraine set-up insurance mechanisms, expand sector-specific SME financing mechanisms, and to prioritise Ukraine's access to the EU single market. Getting this right could not only mobilise private investment for Ukraine's reconstruction, but also streamline Ukraine's accession to the EU.}, language = {en} } @techreport{FindeisenWernert, type = {Working Paper}, author = {Findeisen, Francesco and Wernert, Yann}, title = {Meeting the costs of resilience: The EU's Critical Raw Materials Strategy must go the extra kilometer}, pages = {10}, abstract = {Europe's green transition is expected to generate a substantial increase in demand for critical raw materials (the same holds true for the digital transformation that lies outside this inquiry). European firms heavily rely on imports for these minerals, with a significant amount coming from China. This geospatial concentration of supply chains exposes Europe's climate and green industrial policies to significant geopolitical risks. This complex of issues prompted the European Commission to introduce the Critical Raw Material Act in March 2023. Albeit a valuable addition to Europe's strategic autonomy agenda, the Act does not rise to the scale of the challenge. Internally, it aims to develop a European value chain for critical raw materials by streamlining permitting processes without committing any new funds. Externally, it reframes existing trade instruments and partnership initiatives without providing a step-by-step schedule for tapping into new sources of supply. If the EU is intent on reducing its vulnerabilities it must recognize that resilience comes with a price tag. It needs to marshal meaningful European funding and administrative support provisions, set realistic diversification requirements for European companies via regulation, and back its external trade and partnership strategies with convincing resources.}, language = {en} } @article{vandenBrink, author = {van den Brink, Martijn}, title = {A typology of reverse discrimination in EU citizenship law}, series = {European Law Open}, volume = {2}, journal = {European Law Open}, number = {1}, doi = {10.1017/elo.2022.54}, pages = {57 -- 78}, abstract = {In this Article, Martijn van den Brink sheds new light on one of the longest-running debates in the European Union (EU) citizenship literature: the concept of 'reverse discrimination' and the question of whether it is justified. Reverse discrimination has divided EU lawyers into roughly two distinct groups. One group believes that it constitutes an unjustified violation of the principle of equality; a second that it is inevitable in a Union governed by the constitutional principle of divided powers. This Article questions this by offering a typology of reverse discrimination. While most scholars assume that reverse discrimination is a singular phenomenon that demands a singular response, this Article shows that it is a variegated phenomenon that demands a variegated response. It distinguishes three types of reverse discrimination and explains that the proper response depends on the type we are considering. Type I is caused by the application of the principle of mutual recognition; Type II by an interaction between domestic federalism and internal discrimination; and Type III by the CJEU's confusion over the aim of the right to free movement and residence. Through this typology, the Article shows that reverse discrimination is never a corollary of the principle of divided powers, nor is it always incompatible with the principle of equality. Finally, the Article shows that to the extent that reverse discrimination violates the principle of equality, the solution is not to equalise rights upwards but downwards to the lower (national or regional) level of government. This shows that the principle of equality and the principle of divided powers need not collide.}, language = {en} } @techreport{vandenBrink, type = {Working Paper}, author = {van den Brink, Martijn}, title = {Taking the Gamble? A Legal and Political Analysis of the Possible Suspension of the Hungarian Council Presidency}, publisher = {Central European University, Democracy Institute}, abstract = {Despite its increasingly autocratic style of governance, Hungary is set to take over the Presidency of the Council of Ministers in the second half of 2024, Martijn van den Brink (Jacques Delors Centre, Hertie School of Governance) writes in his CEU DI Working Paper. Since doubts exist about the country's capacity to exercise the responsibilities that come with this office, different proposals have been put forward to suspend a Hungarian Presidency. This paper offers a legal and political analysis of these proposals. First, the author argues that the proposals in their current form are inconsistent with the requirement in Article 16(9) TEU that the Presidency of the Council shall be held by the Member States on the basis of equal rotation. It is in line with this provision to delay a Hungarian Presidency for some time, but not to sanction the country for as long as it continues to violate the rule of law. Secondly, being mindful of these legal constraints, he questions whether delaying a Hungarian Presidency is a smart choice politically. The choice of delaying a Hungarian Council Presidency is something of a gamble. The analysis suggests it might be better to allow Hungary to chair the Council in the second half of 2024 rather than in several years.}, language = {en} } @techreport{MackFindeisen, type = {Working Paper}, author = {Mack, Sebastian and Findeisen, Francesco}, title = {Do more with more - How the EU can improve funding for the European Green Deal}, pages = {9}, abstract = {Funding remains the Achilles heel of the EU Green Deal. Europe needs to spend an additional €350 billion on climate action every year until the end of this decade. The bulk of sustainable investment is expected to come from the private sector and the InvestEU programme has been established to leverage private investment through the European Investment Bank (EIB) Group and other public financial institutions. However, overly ambitious target volumes backed by only limited public financial support, and the resultant high levels of leverage, prevent InvestEU from delivering its full potential for achieving the green transition. To plug the green investment gap, InvestEU needs to reduce its leverage, increase its transparency on intermediated operations and be complemented by fresh public spending at EU level to finance transformative investments that fall outside the scope of what public de-risking of private investments can achieve.}, language = {en} } @techreport{JansenJaegerRedeker, type = {Working Paper}, author = {Jansen, Jannik and J{\"a}ger, Philipp and Redeker, Nils}, title = {For climate, profits, or resilience? Why, where and how the EU should respond to the Inflation Reduction Act}, pages = {27}, abstract = {The US Inflation Reduction Act (IRA) has rekindled European fears of missing out in the global green technology race. However, EU member states still disagree on whether the greater risk lies in doing too much or too little. At heart, there remains significant confusion on which European sectors stand to lose competitiveness; how much the EU should fret about these losses; and whether there is a need for joint support from the EU level to avoid economic divergence. We take a first stab at the existing sectoral evidence. Our results suggest that the IRA will undercut European production costs in several sectors. This does not mean the EU must mimic the US program. However, it does mean that the EU needs to turn its piecemeal Green Deal Industrial Plan into a coherent strategy. This requires a greater focus on green industries in which Europe can develop a competitive edge and more joint financing at the EU level.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {The EU's race for talent: Common challenge, no shared response}, pages = {10}, abstract = {Labour shortages are a common challenge for EU member states. Shortages in sectors vital to the green and digital transition risk attaining common objectives of the EU's industrial strategy. But as much as the need to attract skilled workers is a shared concern, the EU lacks a common labour migration policy that lives up to the challenge. In this Policy Brief, Lucas Rasche argues that the EU's current labour migration acquis is highly fragmented, underused, and largely detached from other policy areas. Hence the EU needs to structurally re-think its approach to labour migration for it to truly compete in the global race for talent.}, language = {en} } @incollection{SarmientovandenBrink, author = {Sarmiento, Daniel and van den Brink, Martijn}, title = {EU competence and investor migration}, series = {Citizenship and Residence Sales: Rethinking the Boundaries of Belonging}, booktitle = {Citizenship and Residence Sales: Rethinking the Boundaries of Belonging}, editor = {Kochenov, Dimitry and Surak, Kristin}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {9781108492874}, doi = {10.1017/9781108675123.009}, publisher = {Hertie School}, pages = {183 -- 206}, abstract = {In this chapter, we examine the issue of competence to confer residence and citizenship based on a donation or investment in the light of international and European law as they stand today. We show that the national competence to do this is part of the sovereign nature of the modern state, which implies the ability to create a people and delimit the scope of the population granted a right to settle in the national territory, underpinned by rules behind such delimitation. We also explain why investment migration per se cannot be presented as unlawful and outlines the avenues for the eventual disciplining of its offshoots in areas unrelated to migration as such, thus connecting particularly well with Peter Spiro's analysis of relevant international law.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {Why the EU needs a re-think on labour migration}, pages = {4}, abstract = {Labour shortages are affecting member states across the EU, with the average EU job vacancy rate doubling between 2012 and 2022. These labour shortages may cause the EU's most severe migration crisis yet, putting common EU objectives such as the green and industrial transitions at risk. In order to combat labour shortages and create a migration system fit for the future, the EU must focus on simplifying and harmonising its legal framework on labour migration, expanding migration opportunities to low- and medium-skilled workers, and aligning migration legislation with other policy objectives.}, language = {en} } @article{vandenBrink, author = {van den Brink, Martijn}, title = {The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law}, series = {German Law Journal}, volume = {24}, journal = {German Law Journal}, number = {5}, doi = {10.1017/glj.2023.54}, pages = {855 -- 880}, abstract = {The article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU's headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the distinction between and the justification of direct and indirect discrimination, as well as the purpose of protecting against (religious) discrimination. Second, these lessons are used to analyze the headscarf judgments and the criticism directed at them. While there is widespread agreement that the CJEU erred in these judgments, there is little agreement as to what mistakes were made. Through a discussion of these judgments, the article clarifies the difference between direct and indirect discrimination and the justification of both forms of discrimination. It is argued that the headscarf cases correctly distinguished between direct and indirect discrimination, and that the problem lies in the justificatory burden for indirect discriminatory measures, which was set too low by the CJEU.}, language = {en} } @techreport{LindnerRedeker, type = {Working Paper}, author = {Lindner, Johannes and Redeker, Nils}, title = {Germany Needs a Europe Pact}, pages = {3}, abstract = {German Chancellor Olaf Scholz recently presented a new "Germany-Pact" to advance the country, following media reporting that has portrayed Germany as the "sick man of Europe" due to its waning economy. However, as Johannes Lindner and Nils Redeker observe, Europe does not play a big role in this pact. In this op-ed, originally published in Handelsblatt, they explain why Germany should refocus on the EU single market and develop an overall strategy for modernising the country and Europe.}, language = {en} } @article{LindnerRedeker, author = {Lindner, Johannes and Redeker, Nils}, title = {Gastkommentar: Warum Deutschland jetzt einen Europa-Pakt braucht}, series = {Handelsblatt}, journal = {Handelsblatt}, abstract = {Deutschland schw{\"a}chelt und sollte sich wieder st{\"a}rker auf den EU-Binnenmarkt konzentrieren, meinen Johannes Lindner und Nils Redeker. Sie fordern eine Modernisierungsstrategie.}, language = {de} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {Warum sich die Europ{\"a}ische Union erweitern und reformieren muss}, pages = {3}, abstract = {Die Europ{\"a}ische Union muss sich erweitern, m{\"o}chte sie ihre unmittelbare Nachbarschaft stabilisieren und dem Einfluss Russlands in der Region vorbeugen. In dieser Policy Position argumentiert Thu Nguyen, dass jedoch sowohl k{\"u}nftige Mitgliedstaaten als auch die EU f{\"u}r die Erweiterung bereit sein m{\"u}ssen. Dazu braucht es Reformen, vor allem in drei Bereichen: Rechtsstaatlichkeit, Handlungsf{\"a}higkeit und EU-Haushalt.}, language = {de} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Show greenwashing the red card. How Europe can make sustainable finance work}, pages = {16}, abstract = {What Europe needs is not a regulatory pause, but better legislation. In record time, the EU has rolled out a comprehensive disclosure regime for sustainable finance. But the nascent regulatory framework is challenging to implement, remains vulnerable to abuse by those seeking to game the system and fails to provide meaningful guidance to investors. Despite detailed legislation, financial market participants differ significantly in their expectations of sustainable investment products and face the risk of greenwashing, where issuers - intentionally or unintentionally - make misleading sustainability claims. To enable private investment to finance Europe's transition to net zero, this policy brief proposes short-term measures to combat greenwashing plus reforms that should be adopted once the next European Commission has assumed office. For the EU to uphold its status as a global benchmark for sustainable finance, lawmakers and regulators must urgently improve the rules in place and ensure that they are applied consistently across member states.}, language = {en} } @techreport{Findeisen, type = {Working Paper}, author = {Findeisen, Francesco}, title = {The Club Approach: Towards Successful EU Critical Raw Materials Diplomacy}, pages = {10}, abstract = {The EU's supply chains for critical raw materials are heavily concentrated in a handful of countries, notably China. This exposes the European Green Deal Agenda to the twists and turns of geopolitics and external shocks, while the net-zero transition will add to global resource requirements. To diversify the sources of its supplies, the EU intends establishing a Critical Raw Materials Club—a forum where resource-hungry and resource-rich countries collaborate in diversifying critical raw materials value chains. This policy brief outlines the challenges the EU faces in setting up such a Club and discusses options for designing an effective model. It concludes that a hybrid version, one that starts with voluntary commitments, minimal structure, and a limited number of members and becomes more ambitious over time, offers the most promising design solution. However, to succeed with this approach, the EU must make a credible upfront funding commitment at the launch of the Club and streamline its fragmented development finance model.}, language = {en} } @techreport{Ostanina, type = {Working Paper}, author = {Ostanina, Sascha}, title = {The EU Military Assistance Mission for Ukraine - A peace actor who teaches to fight}, pages = {9}, abstract = {The EU Military Assistance Mission in Support of Ukraine (EUMAM UA) is designed to support Ukraine's army in its fight against Russia's invasion. A two-year mission envisions training 40,000 Ukrainian soldiers on Western weapons systems and aims to maximise the utility of military assistance provided to Ukraine by its international partners. Can EUMAM UA provide Ukraine with a decisive advantage that wins the war? In this policy brief, Sascha Ostanina argues that EUMAM UA requires a longer mandate for Ukrainian troops to overcome real-life constraints. Consequently, the training mission's cumulative impact can turn EUMAM UA into one of the key components of Ukraine's battlefield successes. To increase its cumulative impact, the EU should also standardise the content of EUMAM UA courses and merge EUMAM UA with other EU military aid measures set up for Ukraine.}, language = {en} } @article{KalleitnerBobzien, author = {Kalleitner, Fabian and Bobzien, Licia}, title = {Taxed fairly? How differences in perception shape attitudes towards progressive taxation}, series = {European Sociological Review}, journal = {European Sociological Review}, doi = {10.1093/esr/jcad060}, abstract = {Empirically, the poor are more likely to support increases in the level of tax progressivity than the rich. Such income-stratified tax preferences can result from differences in preferences of what should be taxed as argued by previous literature. However, it may also result from income-stratified perceptions of what is taxed. This paper argues that the rich perceive higher levels of tax progressivity than the poor and that tax perceptions affect individuals' support for progressive taxation. Using data from an Austrian survey experiment, we test this argument in three steps: First, in line with past research, we show that individuals' income positions are connected to individuals' tax preferences as a self-interest rationale would predict. However, second, we show that this variation is mainly driven by income-stratified tax perceptions. Third, randomly informing a subset of the sample about actual tax rates, we find that changing tax perceptions causally affects support for redistributive taxation among those who initially overestimated the level of tax progressivity. Our results indicate that tax perceptions are relevant for forming tax preferences and suggest that individuals are more polarized in their perceptions of who pays how much taxes than in their support for who should pay how much tax.}, language = {en} } @techreport{LindnerFindeisenJaeger, type = {Working Paper}, author = {Lindner, Johannes and Findeisen, Francesco and J{\"a}ger, Philipp}, title = {Turning challenges to EU competitiveness into opportunities}, pages = {8}, abstract = {The EU struggles to remain internationally competitive, with pressures intensifying since the Russian war in Ukraine. Many factors, most of them long-standing, determine EU competitiveness, such as lack of skilled labour, digitalisation, or quality of infrastructure. A vast literature exists on how to address these issues. This paper takes a narrower approach by focusing on three more recent levers for the EU to ensure its future competitiveness: devising an EU industrial policy, adapting to the changing energy landscape, and positioning the EU in a geopolitically tense environment.}, language = {en} } @book{WalterRayRedeker, author = {Walter, Stefanie and Ray, Ari and Redeker, Nils}, title = {The Politics of Bad Options: Why the Eurozone's Problems Have Been So Hard to Resolve}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780198857020}, doi = {10.1093/oso/9780198857013.001.0001}, publisher = {Hertie School}, pages = {320}, abstract = {Why was the Eurozone crisis so difficult to resolve? Why was it resolved in a manner in which some countries bore a much larger share of the pain than other countries? Why did no country leave the Eurozone rather than implement unprecedented austerity? Who supported and opposed the different policy options in the crisis domestically, and how did the distributive struggles among these groups shape crisis politics? Building on macro-level statistical data, original survey data from interest groups, and qualitative comparative case studies, this book argues and shows that the answers to these questions revolve around distributive struggles about how the costs of the Eurozone crisis should be divided among countries, and within countries, among different socioeconomic groups. Together with divergent but strongly held ideas about the 'right way' to conduct economic policy and asymmetries in the distribution of power among actors, severe distributive concerns of important actors lie at the root of the difficulties of resolving the Eurozone crisis as well as the difficulties to substantially reform EMU. The book provides new insights into the politics of the Eurozone crisis by emphasizing three perspectives that have received scant attention in existing research: a comparative perspective on the Eurozone crisis by systematically comparing it to previous financial crises, an analysis of the whole range of policy options, including the ones not chosen, and a unified framework that examines crisis politics not just in deficit-debtor, but also in surplus-creditor countries.}, language = {en} } @article{RedekerWalter, author = {Redeker, Nils and Walter, Stefanie}, title = {We'd rather pay than change the politics of German non-adjustment in the Eurozone crisis}, series = {The Review of International Organizations}, volume = {15}, journal = {The Review of International Organizations}, issn = {Electronic ISSN 1559-744X, Print ISSN 1559-7431}, doi = {10.1007/s11558-020-09390-1}, pages = {573 -- 599}, abstract = {Germany's large current account surplus has been widely criticized, especially against the backdrop of the role of macroeconomic imbalances in the Eurozone crisis. We argue that Germany's resistance to reduce its massive current account surplus through an expansionary policy at home is rooted in distributive struggles about the design of possible adjustment policies. To explore this argument, we leverage original survey data from 135 German economic interest groups, qualitative interviews with interest group representatives and policymakers, and data from public opinion surveys. We show that while there is general support for internal adjustment among German interest groups, they disagree heavily about which specific policies should be implemented to achieve this goal. Together with a broad public and elite-based consensus to avoid a break-up of the Eurozone, this polarization turns financing into a politically attractive strategy. Rather than being rooted only in German ordoliberal ideas or Germany's export-oriented structure, distributive conflicts contribute significantly to Germany's resistance to reduce its large current-account surplus. Because similar dynamics can be observed in other surplus countries, we argue that distributive struggles within surplus countries played an important role in interstate conflicts about the management of the crisis.}, language = {en} } @article{Redeker, author = {Redeker, Nils}, title = {The Politics of Stashing Wealth: The Decline of Labor Power and the Global Rise in Corporate Savings}, series = {The Journal of Politics}, volume = {84}, journal = {The Journal of Politics}, number = {2}, issn = {ISSN: 0022-3816, E-ISSN: 1468-2508}, doi = {10.1086/716298}, pages = {975 -- 991}, abstract = {This article investigates the political roots of the global rise in corporate savings. In recent years, firms throughout advanced economies have started to accumulate enormous savings. Instead of using their revenues to reinvest or raise wages, many companies now stash their profits within financial markets, contributing to sluggish growth, financial fragilities, and rising inequality. I argue that political institutions that determine the balance of power between firms and employees play an important role in shaping this trend. The stronger unions are, the more they pressure firms into using revenues for pay increases and investment. The more unions' influence erodes, the stronger the rise of savings. Using panel data from 25 Organization for Economic Cooperation and Development countries as well as a regression discontinuity design leveraging the German law on codetermination, I find robust and causal evidence supporting this claim. These results have implications for our broader understanding of how political institutions affect financial imbalances and economic inequality.}, language = {en} } @article{RedekerRommel, author = {Redeker, Nils and Rommel, Tobias}, title = {Misremembering Weimar: Hyperinflation, the Great Depression, and German collective economic memory}, series = {Economics \& Politics}, volume = {33}, journal = {Economics \& Politics}, number = {3}, issn = {1468-0343}, doi = {10.1111/ecpo.12182}, pages = {664 -- 686}, abstract = {The well-known German aversion to inflation has attracted a lot of interest and is often attributed to a specific historical memory: Weimar. Yet we do not know much about why hyperinflation seems to overshadow the Great Depression in German collective economic memory. To answer this question, we study what exactly it is that Germans believe to remember about their past. Using original survey data, we show that many Germans do not distinguish between hyperinflation and the Great Depression, but see them as two dimensions of the same crisis. They conflate Weimar economic history into one big crisis, encompassing both rapidly rising prices and mass unemployment. Additionally, more educated and politically interested Germans are more likely to commit this fallacy. Our finding thus nuances ideational explanations for Germany's economic policy stance in the European Union.}, language = {en} } @incollection{GnathGuttenbergRedeker, author = {Gnath, Katharina and Guttenberg, Lucas and Redeker, Nils}, title = {Deutschland und die Stabilit{\"a}t der Wirtschafts-und W{\"a}hrungsunion}, series = {Handbuch zur deutschen Europapolitik}, booktitle = {Handbuch zur deutschen Europapolitik}, publisher = {Nomos}, address = {Baden-Baden}, isbn = {ISBN print: 978-3-8487-6852-3, ISBN online: 978-3-7489-0951-4}, doi = {10.5771/9783748909514-287}, publisher = {Hertie School}, pages = {287 -- 300}, abstract = {Die Corona-Pandemie stellt die zweite große Bew{\"a}hrungsprobe f{\"u}r die Eurozone seit ihrem Bestehen dar. Nachdem die Wirtschafts-und W{\"a}hrungsunion (WWU) aus der Eurokrise der Jahre 2010 bis 2015 mit einigen Narben, aber doch weitestgehend intakt und handlungsf{\"a}hig hervorgegangen ist, sah sie sich ab Anfang 2020 erneut einer potenziell existenzgef{\"a}hrdenden Krise ausgesetzt. Die Antworten, die die Mitgliedstaaten bis Ende Juli 2020 auf die Pandemie gefunden haben, unterscheiden sich von der Politik in der Eurokrise: W{\"a}hrend der Fokus zur Krisenrettung zuvor auf der Vergabe von Krediten gegen Auflagen und einem punktuellen Umbau der Euro-Architektur im Bereich der Bankenaufsicht und-abwicklung lag, stand im Sommer 2020 ein umfassendes schuldenfinanziertes EU-Wiederaufbauinstrument im Zentrum der Krisenbek{\"a}mpfung. Es ging nicht mehr um Kredite, sondern um gemeinsame …}, language = {de} } @article{MiglioratiVignoli, author = {Migliorati, Marta and Vignoli, Valerio}, title = {When politicization meets ideology: the European Parliament and free trade agreements}, series = {Italian Political Science Review/Rivista Italiana Di Scienza Politica}, journal = {Italian Political Science Review/Rivista Italiana Di Scienza Politica}, issn = {0048-8402 (Print), 2057-4908 (Online)}, doi = {10.1017/ipo.2021.50}, pages = {1 -- 16}, abstract = {Since the Lisbon Treaty, the European Parliament (EP) has considerably increased its competencies in European Union (EU) trade policy. At the same time, a 'new generation' of free trade agreements (FTAs), including the Transatlantic Trade and Investment Partnership (TTIP) with the United States, Comprehensive Economic and Trade Agreement (CETA) with Canada, and the agreement with Japan, have been negotiated by the European Commission. Although existing literature has tackled the process of the EP's institutional self-empowerment in this policy area, there is no systematic research investigating the lines of conflict within the EP over FTAs. Through a newly collected dataset of all EP plenary debates between 2009 and 2019 on six relevant FTAs, we extract EP Members' (MEPs) preferences by means of a manual textual analysis. We then test the explanatory power of the two traditional lines of cleavages within the EP over MEPs stated preferences: position on the left-right axis and support for EU integration. We find that both these dimensions fundamentally shape the conflict in the EP over FTAs. The impact of these two ideological cleavages is magnified in the context of politicized FTAs, namely the TTIP and CETA. Through these findings, the paper significantly contributes to the research on competition in the EP and, more broadly, to the understanding of EU trade policy and its emerging politicization dynamics.}, language = {en} } @article{Migliorati, author = {Migliorati, Marta}, title = {Postfunctional differentiation, functional reintegration: the Danish case in Justice and Home Affairs}, series = {Journal of European Public Policy}, volume = {29}, journal = {Journal of European Public Policy}, number = {7}, issn = {Print ISSN: 1350-1763 Online ISSN: 1466-4429}, doi = {10.1080/13501763.2021.1921831}, pages = {1112 -- 1134}, abstract = {Previous research shows that Differentiated Integration (DI) in areas of core state powers works according to a postfunctional logic, in response to concerns about national autonomy and sovereignty. Against this backdrop, scholars usually expect that the policies and practices ensuing from formal DI are equally differentiated. This article presents theoretical and empirical evidence to suggest otherwise. It argues that, while postfunctionalism explains the emergence of formal DI, its practical consequences are driven by functional pressures. The interdependencies produced by the integration process create functional incentives for states with opt-outs to work towards 'reintegration' by converging with EU policies. The result of this process is a decoupling between differentiated rules and similar practices. The plausibility of this argument is tested by applying process tracing techniques to the case of Denmark in Justice and Home Affairs.}, language = {en} } @article{Migliorati, author = {Migliorati, Marta}, title = {Where does implementation lie? Assessing the determinants of delegation and discretion in post-Maastricht European Union}, series = {Journal of Public Policy}, volume = {41}, journal = {Journal of Public Policy}, number = {3}, issn = {0143-814X (Print), 1469-7815 (Online)}, doi = {10.1017/S0143814X20000100}, pages = {489 -- 514}, abstract = {Drawing on a principal-agent framework the article analyses the European Union (EU) politics of delegation in the post-Maastricht era. By means of statistical analysis, it tests the impact of several variables upon the selection of national and supranational agents, as well as on the discretion they enjoy, on the basis of a recently collected data set of EU laws. Findings reveal that pooling and policy complexity favour the involvement of supranational actors in the implementation of EU laws. Moreover, the degree of supranational integration of a policy affects the likelihood of choosing supranational implementers. On the one hand, the Commission enjoys higher discretion vis-{\`a}-vis national actors when qualified majority voting applies, and when higher levels of conflict in the Council of Ministers is present. On the other, conflict between the European Parliament and the Council under codecision seems associated with lower supranational discretion, although the result needs further corroboration.}, language = {en} } @misc{vanZebenBobić, author = {van Zeben, Josephine and Bobić, Ana}, title = {Polycentricity in the European Union}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {Online: 9781108528771, Print: 9781108423540}, doi = {10.1017/9781108528771}, pages = {340}, abstract = {Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world?}, language = {en} } @book{Bobić, author = {Bobić, Ana}, title = {The Jurisprudence of Constitutional Conflict in the European Union}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780192847034}, publisher = {Hertie School}, pages = {320}, abstract = {A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-{\`a}-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-{\`a}-vis ordinary national courts; constitutional courts vis-{\`a}-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.}, language = {en} } @article{Bobić, author = {Bobić, Ana}, title = {Constructive Versus Destructive Conflict: Taking Stock of the Recent Constitutional Jurisprudence in the EU}, series = {Cambridge Yearbook of European Legal Studies}, volume = {22}, journal = {Cambridge Yearbook of European Legal Studies}, issn = {1528-8870 (Print), 2049-7636 (Online)}, doi = {10.1017/cel.2020.9}, pages = {60 -- 84}, language = {en} } @article{Bobić, author = {Bobić, Ana}, title = {Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II}, series = {German Law Journal}, volume = {21}, journal = {German Law Journal}, number = {S1}, issn = {2071-8322}, doi = {10.1017/glj.2020.15}, pages = {31 -- 39}, abstract = {The relationship between the Court of Justice and the Bundesverfassungsgericht is perhaps one of the most explored relationships in all of EU's legal history. In attempting to understand and operationalize the uncertainty surrounding the positioning between EU and national constitutional orders, they have in some respects followed the footsteps of a typical life-long love story: in the early years of European integration, both courts appeared to be in denial of any romance, and entered into a conflict over the question of the final arbiter; they subsequently turned to flirting by moving away from an institutionally based conflict towards finding a common substantive ground; which resulted in finally abandoning the competition for domination, but rather embracing mutual respect and a heterarchical relationship. This brief piece follows these developments in fundamental rights review that for now end with the second German decision concerning the right to be forgotten.}, language = {en} } @incollection{BobićDawson, author = {Bobić, Ana and Dawson, Mark}, title = {How can law contribute to accountability in EU monetary policy?}, series = {The Cambridge Handbook on European Monetary, Economic and Financial Market Integration}, booktitle = {The Cambridge Handbook on European Monetary, Economic and Financial Market Integration}, publisher = {Cambridge University Press}, address = {Cambridge}, publisher = {Hertie School}, language = {en} } @incollection{Bobić, author = {Bobić, Ana}, title = {Forging Identity-Based Constructive Constitutional Conflict in the European Union}, series = {Autonomy without collapse in a better European Union}, booktitle = {Autonomy without collapse in a better European Union}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780192897541. 9780192651976. 9780192651983}, publisher = {Hertie School}, language = {en} } @incollection{vanZebenBobić, author = {van Zeben, Josephine and Bobić, Ana}, title = {Introduction - the Polycentric Potential of the European Union}, series = {Polycentricity in the European Union}, booktitle = {Polycentricity in the European Union}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {110842354X, 9781108423540}, publisher = {Hertie School}, language = {en} } @incollection{Bobić, author = {Bobić, Ana}, title = {The Shared System of Rules in a Polycentric European Union}, series = {Polycentricity in the European Union}, booktitle = {Polycentricity in the European Union}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {9781108528771}, publisher = {Hertie School}, language = {en} } @incollection{vanZebenBobić, author = {van Zeben, Josephine and Bobić, Ana}, title = {Polycentricity and the Internal Market}, series = {Polycentricity in the European Union}, booktitle = {Polycentricity in the European Union}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {9781108528771}, publisher = {Hertie School}, language = {en} } @incollection{vanZebenBobić, author = {van Zeben, Josephine and Bobić, Ana}, title = {Conclusion - Pathways to Polycentricity}, series = {Polycentricity in the European Union}, booktitle = {Polycentricity in the European Union}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {9781108528771}, publisher = {Hertie School}, language = {en} } @incollection{Bobić, author = {Bobić, Ana}, title = {A Dynamic Analysis of Judicial Behaviour: The Auto-Correct Function of Constitutional Pluralism}, series = {The Court of Justice of the European Union: Multidisciplinary Perspectives}, booktitle = {The Court of Justice of the European Union: Multidisciplinary Perspectives}, publisher = {Hart Publishing Ltd}, address = {Oxford}, isbn = {9781509919086. 9781509938278. 9781509919093. 9781509919109.}, doi = {10.5040/9781509919116.ch-003}, publisher = {Hertie School}, pages = {35 -- 52}, language = {en} } @book{Woźniakowski, author = {Wo{\'{z}}niakowski, Tomasz P.}, title = {Fiscal unions : economic integration in Europe and the United States}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780192858436, 0192858432}, publisher = {Hertie School}, pages = {192}, language = {en} } @article{MaricutAkbik, author = {Maricut-Akbik, Adina}, title = {EU politicization beyond the Euro crisis: immigration crises and the politicization of free movement of people}, series = {Comparative European Politics}, volume = {17}, journal = {Comparative European Politics}, issn = {1472-4790 (print), 1740-388X (electronic)}, doi = {10.1057/s41295-018-0113-6}, pages = {380 -- 396}, abstract = {This article explores the applicability of democratic functionalism as a theoretical framework explaining mechanisms of European Union (EU) politicization during immigration crises. Since most existing studies on the politicization of EU crisis situations focus on the Euro crisis, it is unclear if and how the politicization of EU immigration crises differs. Drawing on a 2011 crisis with legislative implications for the free movement of people in the Schengen Area, the article illustrates that immigration crises are politicized along exclusionary identities rather than along pro-/anti-European lines—as expected by democratic functionalism. Moreover, unlike in the Euro crisis, the 2011 case illustrates how the media can be instrumentalized by governments during immigration crises, with little political mobilization from the public. This case is relevant given the widespread politicization of the 2015 refugee crisis, which conversely attracted close media attention and caused serious public concern. As it stands, democratic functionalism is shown to lack a conceptualization of how much and for how long an issue needs to be contested in the European public sphere for the mechanisms of EU politicization described by the theory to hold.}, language = {en} } @article{MaricutPuetter, author = {Maricut, Adina and Puetter, Uwe}, title = {Deciding on the European Semester: the European Council, the Council and the enduring asymmetry between economic and social policy issues}, series = {Journal of European Public Policy}, volume = {25}, journal = {Journal of European Public Policy}, number = {2}, issn = {Print: 1350-1763, Online: 1466-4429}, doi = {10.1080/13501763.2017.1363271}, pages = {193 -- 211}, abstract = {This contribution investigates the asymmetrical relationship between economic and social aspects under the European Semester by looking at the roles of the European Council and the Council between 2010 and 2016. Drawing on the theories of deliberative and new intergovernmentalism, this asymmetry is associated with an uneven evolution of the co-ordination infrastructure, notably the varying degree to which key policy issues are subject to informal policy dialogue. Not only are finance ministers better placed to conduct policy dialogue, they also control the European Semester policy priorities more effectively than their colleagues in the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO). Finance ministers also are more closely linked to discussions at the highest political level, the European Council. Social affairs committees and the Commission managed to gain a greater role at the expert level and to integrate more social issues into policy recommendations. Yet, these successes are not matched by higher level political endorsement.}, language = {en} } @article{MaricutAkbik, author = {Maricut-Akbik, Adina}, title = {The dynamics of institutional behaviour in EU justice and home affairs: roles, representative claims, and varying policy positions}, series = {Journal of European Integration}, volume = {40}, journal = {Journal of European Integration}, number = {2}, issn = {Print: 0703-6337 Online: 1477-2280}, doi = {10.1080/07036337.2017.1415334}, pages = {161 -- 176}, abstract = {This article investigates the reasons behind varying institutional positions in the European Union's (EU) area of justice and home affairs (JHA). It argues that such instances of institutional behaviour cannot be fully understood without examining how each institution seeks to legitimize its role in the EU political system. A novel theoretical framework on institutional behaviour is advanced, connecting individual policy positions and governance choices to (1) institutional roles developed within different types of organizational structure, and (2) the representative claims made by officials involved in decision-making. The framework draws on insights from organizational theory regarding institutional role expectations and a constructivist approach to representation borrowed from the work of Michael Saward. Using three cases of JHA legislation from the post-Lisbon period, it is shown that the framework can explain varying patterns of institutional behaviour by exploring lines of justification present in the institutional discourse.}, language = {en} } @techreport{LindnerRedeker, type = {Working Paper}, author = {Lindner, Johannes and Redeker, Nils}, title = {"It's the politics, stupid" - don't squander this golden opportunity for reforming the fiscal rules}, pages = {10}, abstract = {On the reform of fiscal rules, the EU risks letting a once-in-a-decade opportunity slip. The time window for a successful reform is tight. And the Commission's current proposal is economically sound but politically overconfident. This risks drawing the Commission into political fights it cannot win, and would repeat some of the mistakes of the last reform process. At the same, current rules remain impossible to apply. Those who romanticize the old framework therefore need to realize that a retreat to the old system is not an option. The EU thus needs a compromise and needs it fast. To get there in the little time left, we propose four improvements: first, the system needs some numerical benchmarks for debt reduction in the adjustment period; second, it should include a clear definition of the scope of possible deviations through growth-oriented reforms and investments; third it should come with explicit carve-outs for national expenditures linked to some EU programs; and fourth, it needs credible enforcement through better ownership not only at the national but also at the European level.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Get your priorities right - Europe must not underestimate the role of banks for the green transition}, pages = {13}, abstract = {EU policymakers and the financial sector have placed high hopes in forging a green capital markets union. However, the idea that capital markets could swiftly close the green investment gap ignores underlying financing structures. In Europe, the areas with the biggest funding needs rely on bank loans rather than financial markets and the recent banking turmoil is unlikely to change this. The reliance on banks will not abate any time soon as EU governments are dragging their heels on completing the capital markets union despite repeated promises. Since banks will largely finance the European green deal, the EU should step up its efforts to green the banking system and systematically make climate risks a core element of banking supervision, prudential regulation, and monetary policy.}, language = {en} } @article{GenschelJachtenfuchs, author = {Genschel, Philipp and Jachtenfuchs, Markus}, title = {The security state in Europe: regulatory or positive?}, series = {Journal of European Public Policy}, journal = {Journal of European Public Policy}, doi = {10.1080/13501763.2023.2174580}, pages = {1447 -- 1457}, abstract = {We challenge Kruck and Weiss' argument about the regulatory security state on two counts. First, we contest the notion that the regulatory state is a viable alternative to the positive security state. While regulation and epistemic authority are increasingly important means of security provision, they remain critically dependent power resources and political authority that only the positive state provides. The regulatory security state is premised on the positive state and unviable without it. Second, the rise of the regulatory security state over the past three decades reflects highly specific historical conditions rather than a general trend. These conditions include unusually low geopolitical tensions in Europe and the strong regulatory bias of EU integration. Concepts matter: The wider the notion of security, the more relevant the regulatory security state becomes. It is an important reality but the war in Ukraine reminds us of the enduring centrality of the positive state.}, language = {en} } @techreport{BellatoCoragliaGuerraetal., type = {Working Paper}, author = {Bellato, Federica and Coraglia, Benedetta and Guerra, Carolina and Semenzato, Allegra}, title = {"This time I've voted", but am I represented? Addressing the underrepresentation of young Europeans through the adoption of youth quotas}, abstract = {"Young people are at the heart of our policymaking and political priorities. We vow to listen to them, and we want to work together to shape the future of the European Union", stated European Commission President Ursula von der Leyen during the celebrations of the 2022 European Year of Youth. Nevertheless, young generations today are underrepresented in European institutions and their interests risk being sidelined. For this reason, we advocate the introduction of youth quotas in the European Parliament. These should take the form of legislated candidate quotas. Our aim is to increase the number of young adults elected to match more closely the share of under-35 in Europe. Only in this way can we ensure that the distinct concerns of younger generations are being adequately heard and discussed in the decision-making arena.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {The instrumentalisation of migration - how should the EU respond?}, abstract = {The instrumentalisation of migration is back on the EU's agenda. One year after Belarus instigated a migration crisis at its border with the EU, concerns emerge that Russia could instrumentalise a second exodus of Ukrainians to undermine the EU's support to Kyiv. Member states' recent failure to agree on the proposal for an Instrumentalisation Regulation should be an opportunity to revise the EU's approach. In fact, the proposed Regulation would have done more harm than good. Two things need to happen for the EU to develop an effective response to the instrumentalisation of migration. First, the proposed Regulation should be amended to avoid the EU stepping into a "hypocrisy trap" by third countries seeking to expose the EU's alleged double standards on fundamental rights. Second, the EU needs a revised migration diplomacy that addresses the structural factors facilitating the instrumentalisation of migration by third countries.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {The EU must not procrastinate on urgent audit market reforms}, abstract = {After the Wirecard accounting scandal, the EU Commission promised to reform the rules for auditors. Now it must finally present them: The problems are clear and there are plenty of proposed solutions.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {Ditching losers: Why the EU should end support for unviable hydrogen applications}, pages = {9}, abstract = {Green hydrogen has become a cornerstone of the EU's industrial policy and decarbonisation plans. The EU plans to spend billions in hydrogen subsidies and provide extensive legislative support. However, its current approach risks throwing good money after bad. Producing renewable hydrogen requires a lot of energy, which means hydrogen will always remain comparatively scarce and expensive. Consequently, many hydrogen applications do not make sense at scale, neither economically nor for the climate. Yet, the EU supports all hydrogen applications without sufficiently factoring in their prospects. This policy brief argues that the EU needs to start ditching losers. Hydrogen applications that are unlikely to be viable should not get public money. To enable the EU to filter out losers, the Commission needs to take a stronger guiding role and bolster its administrative capacities.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {The Green Deal agenda beyond Fit for 55: What the EU needs to tackle in 2023}, pages = {6}, abstract = {The EU's green agenda for 2023 is packed. Beyond finalising and implementing Fit for 55, the EU must react quickly to challenges that emerged recently and which put the climate objectives at risk. This policy position outlines four challenges that are particularly important, urgent and for which it remains unclear what the EU's solution will look like: 1) Avoiding overcapacity of fossil fuel infrastructure; 2) Improving cross-border energy connections; 3) Reforming the electricity market; and 4) Keeping green technologies competitive in the EU.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {The EU needs a new migration diplomacy}, pages = {7}, abstract = {The EU's cooperation with third countries on migration disproportionally prioritises deterrence and return at the expense of other foreign policy objectives. Two reasons illustrate why this particularly problematic now. First, the EU relies on third countries to support its effort of further isolating the Russian regime for its war of aggression against Ukraine. And second, labour shortages require the EU to conclude partnerships with third countries on labour migration. The EU must hence revise its migration diplomacy. This requires shifting from a predominantly domestic agenda and short-term objectives to considering migration part of the EU's wider geopolitical ambition and a better balance of priorities in cooperating with third countries.}, language = {en} } @article{vandenBrink, author = {van den Brink, Martijn}, title = {Revising Citizenship within the European Union: Is a Genuine Link Requirement the Way Forward?}, series = {German Law Journal}, volume = {23}, journal = {German Law Journal}, number = {1}, doi = {10.1017/glj.2022.4}, pages = {79 -- 96}, abstract = {EU institutions have argued on several occasions that national and EU citizenship should not be awarded without any genuine link with the Member State concerned. Some scholars have adopted the same position, justifying their position referring to the genuine link requirement established by the International Court of Justice in Nottebohm. This has prompted criticism from legal scholars, who point out that Nottebohm was wrong as a matter of international law and moral principle. This paper shows that supporters and critics have failed to recognise that they have been talking with different conceptions of the genuine link requirement in mind. The question of whether to apply a genuine link requirement for the recognition of nationality is altogether different from the question of whether to apply a genuine link requirement for the acquisition of nationality. Nottebohm concerns the first; the arguments of EU institutions the second. The argument of EU institutions cannot therefore be dismissed by dismissing Nottebohm. I subsequently explore the normative arguments for predicating the boundaries of national membership on a genuine link requirement. There are weighty moral reasons for member states to condition the acquisition of national and EU citizenship on the presence of a genuine link. Finally, moving from the normative to the practical, I argue that such a requirement would have far-reaching consequences (targeting not just investor citizenship schemes) and cannot be enforced as a requirement under EU law.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {European Political Community: From family photo to 'strategic intimacy'}, abstract = {On 6 October 2022, the inaugural meeting of the new 'European Political Community' (EPC) took place in Prague. Moving from a vague idea, suggested in May by French President Macron, into a real-time meeting with more than 40 European leaders in just a matter of months was a success exceeding early expectations for the EPC. But this very success means that the EPC has been inaugurated before it acquired a clear purpose, agenda or framework. This policy brief traces the evolution of the EPC and illustrates possible models for its future shape to ensure that the EPC will be able to achieve more than just bringing together leaders for yet another photo-op.}, language = {en} } @techreport{Cova, type = {Working Paper}, author = {Cova, Joshua}, title = {The EU directive on fair and adequate minimum wages: Low-pay work, collective bargaining and the prospects for income growth}, abstract = {The EU directive on adequate minimum wages marks an important change from previous policies in the field of labour relations. It introduces two novelties. First, by laying the foundations for a common governance of minimum wage-setting mechanisms, the directive could lead to a rise in minimum wages. Second, it lays out guidelines intended to strengthen the role of social actors in wage bargaining. In doing so, the directive differs from previous approaches advocated by the Commission on the need for member states to boost income growth. While post-Euro crisis recommendations were mostly centered on reducing labour costs, this directive reflects a greater concern in policymaking circles for the social role which income growth can play.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {Transport Troubles: Why the EU must do more to be competitive with green hydrogen}, abstract = {Renewable hydrogen is often depicted as the silver bullet for EU industry: manufacturers could use hydrogen to decarbonise production and rid themselves of their natural gas dependence. Since Europe cannot generate enough cheap hydrogen itself, the EU plans to import large volumes from world regions that have better wind and solar potential. However, transporting hydrogen over large distances will always be very expensive. Current EU policies do not factor this in sufficiently. Using a new interactive model of hydrogen transport costs, this policy brief discusses the various transport options and outlines EU policies to keep costs low. Hydrogen's high transport costs also imply that some industries won't be competitive in the EU in the long run, which should inform the design of public support packages for businesses in the current crisis.}, language = {en} } @techreport{Nguyen, type = {Working Paper}, author = {Nguyen, Thu}, title = {The Hungary Files: Untangling the political and economic knots}, abstract = {The battle over the rule of law in Hungary is coming to a head. Two separate but related rule of law procedures are currently on the Council's agenda, with 7.5 billion Euros in cohesion funds and 5.8 billion Euros in grants from the EU recovery instrument on the line for Hungary. Both procedures are currently stuck in a political limbo as member states, faced once again with Hungarian vetoes, cannot agree on a common course of action. In this policy brief, Thu Nguyen untangles the two files and argues that the EU is in a strong negotiating position: The Hungarian government can, in the current economic climate, very ill-afford to lose the funds.}, language = {en} } @techreport{NguyenvandenBrink, type = {Working Paper}, author = {Nguyen, Thu and van den Brink, Martijn}, title = {An early Christmas Gift from Karlsruhe? The Bundesverfassungsgericht's NextGenerationEU Ruling}, abstract = {The 6 December ruling of the German Constitutional Court on the constitutional complaints against the EU's recovery instrument NextGenerationEU seemed to come as an early Christmas gift from Karlsruhe. This time, the German court avoided the head-on collision with the EU. At the same time, the ruling raises crucial questions about the future of EU fiscal integration. While it is not as constraining as some might have feared, it does not give card blanche for a more permanent EU fiscal capacity. In this policy brief, Thu Nguyen and Martijn van den Brink analyse the judgment and its possible implications going forward.}, language = {en} } @article{GenschelJachtenfuchsMigliorati, author = {Genschel, Philipp and Jachtenfuchs, Markus and Migliorati, Marta}, title = {Nur Symbolpolitik? Differenzierung und Reintegration staatlicher Kerngewalten}, series = {integration}, volume = {46}, journal = {integration}, number = {2}, doi = {10.5771/0720-5120-2023-2-146}, pages = {146 -- 161}, abstract = {Constitutional differentiation is often assumed to match perfectly with reality. We argue, however, that this is often not the case in core state powers. Constitutional differentiation often does not lead to the exclusion of the non-integrated member states ("outs") from the policies of the integrated member states ("ins") but to their reintegration by different means. We present a cost-benefit-model which argues that both "outs" and "ins" often have strong functional and political incentives to seek reintegration after an earlier decision for differentiation because the costs of exclusion are too high. We use a novel dataset of reintegration opportunities to map trends and patterns of reintegration across policy fields, reintegration instruments and member states in core state powers. We conclude by arguing that reintegration is a frequent but fragile phenomenon through which "ins" and "outs" cope with the costs of exclusion.}, language = {de} } @techreport{Woll, type = {Working Paper}, author = {Woll, Cornelia}, title = {Avoiding the Road Bumps of the Green Transition}, pages = {3}, abstract = {Green growth requires strategy and coordination. The green transition entails important costs and will fail politically if we do not address socio-economic inequalities. In this Policy Position, Cornelia Woll proposes three pathways to a net-zero economy by 2050 that ideally should be combined: (i) correcting market signals through taxonomies and taxation; (ii) developing a European industrial policy that supports green innovation but also rewards successful transition plans; (iii) facilitating the funding for companies and financial institutions lending to those invested in green technology.}, language = {en} } @incollection{Akbik, author = {Akbik, Adina}, title = {The Economic Dialogues with the Eurogroup: Substantive Accountability Claimed, but Unmet}, series = {Substantive Accountability in Europe's New Economic Governance}, booktitle = {Substantive Accountability in Europe's New Economic Governance}, editor = {Dawson, Mark}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781009228800.010}, publisher = {Hertie School}, pages = {154 -- 176}, abstract = {As the most powerful executive actor in the Economic and Monetary Union (EMU), the Eurogroup has faced continuous demands to improve its accountability record since the euro crisis. One reform introduced to meet these demands were the Economic Dialogue - a regular exchange of views between the European Parliament and the President of the Eurogroup designed to 'ensure greater transparency and accountability' in the EMU. This chapter investigates the practical functioning of the Economic Dialogues with the Eurogroup between 2013 and the 2019 European Parliament elections. Applying the theoretical framework of the introduction, the purpose is to examine the extent to which the Parliament focuses on procedural or substantive accountability when questioning the Eurogroup President. Moreover, the chapter investigates the reasoning of parliamentary questions in line with the four accountability goods identified at the outset (openness, non-arbitrariness, effectiveness, and publicness). The findings show that Members of the European Parliament are eager to question the extent to which Eurogroup decisions are substantively open and effective, and to a lesser extent whether they are arbitrary or protect EU interests more generally. The analysis is based on fourteen transcripts of Economic Dialogues with the Eurogroup President, which took place between 2013 and 2019.}, language = {en} } @incollection{AkbikDawson, author = {Akbik, Adina and Dawson, Mark}, title = {From Procedural to Substantive Accountability in EMU Governance}, series = {Substantive Accountability in Europe's New Economic Governance}, booktitle = {Substantive Accountability in Europe's New Economic Governance}, editor = {Dawson, Mark}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781009228800.003}, publisher = {Hertie School}, pages = {19 -- 44}, abstract = {This chapter provides the volumes general conceptual framework. It begins by addressing why new approaches to accountability are needed, arguing that accountability literature has reached a stalemate as a result of an impasse between deductive and inductive approaches to accountability in the EU. It then argues that overcoming the stalemate requires developing a generalised framework of what accountability is for, deriving four accountability goods to be used in subsequent chapters. The chapter argues that each of the goods can be delivered in procedural or substantive ways, focusing either on the process by which decisions are made or the substantive worth of decisions themselves. The chapter concludes by discussing the strengths and weaknesses of both varieties of accountability before mapping out how the concepts will be applied across policy fields and institutions in subsequent chapters.}, language = {en} } @incollection{Dawson, author = {Dawson, Mark}, title = {Introduction: The Accountability Impasse of the EU's New Economic Governance}, series = {Substantive Accountability in Europe's New Economic Governance}, booktitle = {Substantive Accountability in Europe's New Economic Governance}, editor = {Dawson, Mark}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781009228800.001}, publisher = {Hertie School}, pages = {1 -- 16}, abstract = {This chapter serves as the general introduction to the volume. It discusses two major impasses plaguing EMU in the 2020s: the first, a clash between politicization of EMU decisions, on the one hand, and an institutional structure designed to reject political conflict, on the other; the second, a scholarly impasse between those analysing EMU accountability comparatively and those doing so through EMU specific standards. The chapter briefly introduces the core concepts used in the volume as a means of overcoming this impasse: the distinction between procedural and substantive accountability as well as the normative goods framework developed in Chapter 1. It finally provides an overview of the structure and content of the volume, concluding with a plea to focus scholarly attention on EMUs substantive accountability deficits.}, language = {en} } @techreport{Jansen, type = {Working Paper}, author = {Jansen, Jannik}, title = {When Europe talks climate, it needs to think jobs}, pages = {16}, abstract = {Europe's climate and green industrial policies have faced criticism over lack of funding and coordination, but a shortage of skilled workers could be the key stumbling block for meeting the EU's green ambitions. This policy brief shines a light on the challenges posed by this shortage. First, it provides an overview of the EU's aspirational clean tech objectives. Second, it seeks to present a more nuanced perspective on the specific skill and labor requirements for producing and deploying key clean technologies, by providing an initial estimate for the workforce needed to meet the Union's climate and industrial targets by 2030. Finally, it delves into the factors contributing to potential labor market bottlenecks and underscores the urgent need for targeted and coordinated policy actions.}, language = {en} } @techreport{Findeisen, type = {Working Paper}, author = {Findeisen, Francesco}, title = {Conditional support: How the EU can solve the geo-economics dilemma of the Green Deal}, pages = {4}, abstract = {A European Green Deal that can withstand external shocks and navigate the twists and turns of geo-politics rests on diversified sources of critical imports. However, diversification is a matter for corporate decisions on where to find supplies and place investment and European firms, grappling with cost-push inflation, are reluctant to bear the costs these entail. In this policy position, Francesco Findeisen makes three suggestions about how the EU can help its firms achieve economic resilience through conditional industrial policy support and public procurement.}, language = {en} } @techreport{Ostanina, type = {Working Paper}, author = {Ostanina, Sascha}, title = {To guarantee its security, the EU should arm Ukraine through a self-defence agreement}, pages = {3}, abstract = {Current security guarantees for Ukraine range from unavailable to ineffective, writes Sascha Ostanina. She proposes a middle-ground solution to provide collective security for Ukraine through a binding self-defence agreement between the EU and Ukraine. Such an agreement would provide Ukraine with access to weapons and ammunition in the event of Russian aggression.}, language = {en} } @techreport{LindnerNguyenHansum, type = {Working Paper}, author = {Lindner, Johannes and Nguyen, Thu and Hansum, Romy}, title = {What does it cost? Financial implications of the next enlargement}, pages = {10}, abstract = {Despite a broad consensus in the EU on the necessity of enlargement, it is far from a done deal. Especially the financial implications a Ukraine accession pose uncertainties. In our policy paper, Johannes Lindner, Thu Nguyen and Romy Hansum show that the next enlargement round would have less of an impact on the EU budget than is generally assumed. This is largely because the EU's multiannual financial framework (MFF) has inherent adaptation mechanisms to mitigate significant fluctuations. At the same time, we stress that is impossible to predict precisely what the EU's MFF, under which accession will happen, will look like as the rules and allocations are subject to political negotiations. Lastly, enlargement is not the only issue adding pressure on the EU budget in a Union that faces huge challenges.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {Rustbelt relics or future keystone? EU policy for energy-intensive industries}, pages = {13}, abstract = {Energy-intensive industries in the EU are facing two main challenges: high energy prices and transitioning to decarbonised production. However, there is as yet no convincing EU-wide strategy for this sector's future. Given that the spectre of 'deindustrialisation' has triggered a readiness to act among the member states, there is a window of opportunity for designing such a strategy and putting it on the next Commission's agenda. This strategy must go beyond lowering energy prices, and factor in that cost pressures on industry to relocate will persist even in the long run, that the economic and resilience value of domestic production is lower than often portrayed, and that industrial decarbonisation is not just an EU but a global must. This policy brief delves into the economic, resilience and climate dimension of supporting energy-intensive industry, aiming to colour in contours of a potential strategy, and suggesting initial policy steps the EU should take.}, language = {en} } @techreport{LindnerMack, type = {Working Paper}, author = {Lindner, Johannes and Mack, Sebastian}, title = {Europe must improve the quality of its regulation}, pages = {3}, abstract = {The EU is discussing better regulation. The issue is urgent. Nothing less than the competitiveness of European companies and the acceptance of the EU are at stake. But beware - neither symbolic politics nor broad deregulation will help. Instead: here are four concrete measures that could substantially improve the quality of EU regulation.}, language = {en} } @book{Bobić, author = {Bobić, Ana}, title = {The Individual in the Economic and Monetary Union: A Study of Legal Accountability}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {9781009207942}, publisher = {Hertie School}, language = {en} } @incollection{Bobić, author = {Bobić, Ana}, title = {Constructive Constitutional Conflict as an Accountability Device in Monetary Policy}, series = {Substantive Accountability in Europe's New Economic Governance}, booktitle = {Substantive Accountability in Europe's New Economic Governance}, editor = {Dawson, Mark}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781009228800.012}, publisher = {Hertie School}, pages = {197 -- 316}, language = {en} } @phdthesis{Haas, author = {Haas, J{\"o}rg}, title = {Economic Policy Coordination and the European Semester}, doi = {10.48462/opus4-3794}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37946}, school = {Hertie School}, pages = {146}, abstract = {This dissertation asks three interrelated questions about economic policy coordination: (1) Why do we see persistent macroeconomic imbalances that make international coordination necessary? (2) What kind of economic policies does the European Union promote in its member states via its coordination framework, the European Semester? (3) What determines whether governments implement recommendations issued under the Semester? The first paper argues that economic ideas, and their emphasis in media reporting, help secure public support for policies that result in external imbalances. It finds that the dominant interpretations of current account balances in Australia and Germany concur with distinct perspectives: external surpluses are seen as evidence of competitiveness in Germany, while external deficits are interpreted as evidence of attractiveness for investments in Australia. Survey experiments in both countries suggest that exposure to these diverging interpretations of the current account has a causal effect on citizens' support for their country's economic strategy. The second and third papers analyse policy recommendations under the European Semester, arguably the most ambitious example of economic policy coordination worldwide. The findings show that the European Union does not use the Semester to promote a single economic model across all member states. Recommendations do not uniformly recommend more reliance on the market or the state. Rather, they tend to suggest fiscal restraint and less protection for labour market insiders, while simultaneously promoting measures that benefit vulnerable groups in society. During the second decade of EMU, recommendations have gradually become more favourable of state intervention. The fourth paper investigates possible reasons for (non-)compliance with the Semester. It argues that recommendations are more likely to be implemented when their policy direction is in line with national governments' economic ideology. The analysis shows that recommendations advocating less state intervention in the economy are more likely to be implemented under right-wing governments.}, language = {en} } @phdthesis{BerenbergGossler, author = {Berenberg-Gossler, Paul}, title = {Financial Integration and Regulation: Essays in Macroeconomics}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37189}, school = {Hertie School}, pages = {131}, abstract = {This thesis consists of three chapters investigating the interactions between the financial and real sector. It provides new evidence on (i) the correlation between portfolio investment integration and business cycle synchronization, (ii) financial regulation and how it is driven by the business cycle, and (iii) electoral incentives influencing financial regulators. Chapter 1 analyses the correlation between cross-border portfolio investment integration and business cycle synchronization. Using data on 29 advanced economies' cross-border financial asset holdings, it shows that portfolio investment integration correlates positively with business cycle synchronization when faced with idiosyncratic shocks. However, it correlates negatively when faced with common or global shocks. Chapter 2, coauthored with Gon{\c{c}}alo Pina, employs a text-mining approach to build a new dataset on regulatory actions against the US financial advisor industry. Employing a Bartik shift-share instrument, it provides causal evidence that regulatory actions are driven by the business cycle. Chapter 3, coauthored with Gon{\c{c}}alo Pina, discusses the political economy of regulatory actions against the US financial advisor industry. It shows that regulators consistently delay punishment against firms prior to gubernatorial elections.}, language = {en} } @phdthesis{Bogoeski, author = {Bogoeski, Vladimir}, title = {The Aftermath of the Laval Quartet: Emancipating labour (law) from the rationality of the internal market in the field of posting}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37171}, school = {Hertie School}, pages = {381}, abstract = {The Laval Quartet rulings of the CJEU have become an indispensable reference in every discussion on the social dimension of the European integration process over the past decade. Becoming a synonym for the subordination of labour rights and social goals to market freedoms, the rulings have raised different questions, the most pressing one being about the relationship between the economic and the social sphere of the EU as an emerging polity. The dissertation enquires into the question to what extent that relationship has been reconfigured in the aftermath of the Quartet rulings. Starting with the rulings themselves through a law in context approach, the dissertation studied a segment of the aftermath in the period following the rulings (2008-2019). While the aftermath has played out at various levels of EU's multi-level governance structure, this study focuses on the supranational macro-level, examining the development of the subsequent CJEU case law and the EU-level political responses. The thesis makes the argument that due to the countermovement that the rulings have quickly triggered at EU and Member State level, a political struggle over the social in the EU has emerged, demonstrating the difficulty of conceiving of the EU as a common social space in conditions of diversity, a strong core-periphery division and governance structures dominated by market rationality. Particularly the developments in the field of posting of workers, starting with the Quartet and ending with the Revised Posted Workers Directive, reveal three important insights for the integration process more broadly. First, the existing material inequality and differences in economic development among Member States in enlarged EU, of which the Quartet was an early symptom, have buttressed the European regulatory space as a space of conflict between the core and the peripheries. Second, resolving core-periphery conflicts has distributional consequences, which are particularly visible in the context of labour and social questions. Resolving such conflicts requires an EU common conception of (social) justice, which appears particularly difficult to conceive of in the core-periphery constellation. Third, progressive social solutions mostly remain foreclosed, as in both cases, at the Court as well as in the political realm, these are mostly contested within a framework dominated by market rationality.}, language = {en} } @phdthesis{Obendiek, author = {Obendiek, Anke S.}, title = {Data Disputes: Jurisdictional Conflicts and the Common Good in the Field of Data Governance}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37960}, school = {Hertie School}, pages = {305}, language = {en} } @phdthesis{Kreilinger, author = {Kreilinger, Valentin}, title = {National parliaments in Europe's post-crisis economic governance}, doi = {10.48462/opus4-2730}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-27309}, school = {Hertie School}, pages = {279}, abstract = {This dissertation provides a comprehensive account of the role of national parliaments in Europe's post-crisis economic governance. It examines national parliaments in the European Semester, in relation to the European Stability Mechanism and the Interparliamentary Conference on Stability, Economic Coordination and Governance and challenges the view that the Euro crisis has only reduced the influence of national parliaments. The analysis moves beyond prerogatives and institutional capacities to actual parliamentary involvement. Scrutinising the different stages of the European Semester remains a challenge for many national parliaments that have been marginalised by this multilevel coordination and surveillance process. In case of the third rescue package for Greece, the overall involvement by national parliaments exceeded what legal provisions would have demanded. But both economic governance domains suffer from asymmetries between those national parliaments that are willing and able to become actually involved and those that are not. One possible remedy against these asymmetries would be to involve national parliaments into economic governance collectively. The provision of Article 13 TSCG and the Interparliamentary Conference established on this basis, however, fall short of collective involvement or joint scrutiny and the experience of negotiating the institutional design of the new Conference even suggests that any kind of joint parliamentary body for the Euro area would be very difficult to realise. As a general overhaul of the Economic and Monetary Union seems indispensable to make the common currency weather-proof, a more symmetric involvement of national parliaments is necessary to strengthen the legitimacy that they supply. In the European Semester this could be achieved via minimum standards for parliamentary involvement, but the tangled web of procedures for ESM rescue packages is likely to persist and interparliamentary cooperation can only be developed incrementally.}, language = {en} } @techreport{Quaritsch, type = {Working Paper}, author = {Quaritsch, Luise}, title = {On the road to the 2024 European elections: Institutional timeline and missed opportunities}, pages = {8}, abstract = {The 2024 European elections could mark a turning point in EU politics: The European Parliament has traditionally been a progressive force in EU policymaking, often pushing for more far-reaching, European solutions than the Council. This dynamic could fundamentally change after the 2024 elections, with the current power balance expected to shift in favour of more right-wing forces. But even without a turn towards a Eurosceptic majority, the outcome will determine the direction of policies decided by the Parliament and shape EU politics over the next five years. This policy brief offers an overview of the need-to-know for this election year. First, it details the institutional timeline until the end of the current legislative cycle. Second, it provides an overview of how European political parties are approaching the election campaign. Third, it discusses election day, possible new majorities in Parliament and inevitable institutional haggling over key positions. Finally, it describes the missed reform opportunities since the 2019 elections and how this may undermine the integrity of the June poll.}, language = {en} } @techreport{Kohlenberger, type = {Working Paper}, author = {Kohlenberger, Judith}, title = {Opening up "Fortress Europe" to Global Talents: EU Labour Migration Options}, pages = {8}, abstract = {This policy brief delves into the potential of regular migration across diverse skill levels to alleviate labour shortages in the EU. It contends that the EU faces a policy dilemma by attempting to curtail certain migration forms, as seen in the recent Common European Asylum System (CEAS) reform, while concurrently encouraging others through initiatives like the EU Talent Pool. The inconsistent approach to third-country migration poses significant trade-offs, necessitating a comprehensive resolution. The brief advocates for a multi-faceted strategy encompassing (a) diversification, (b) integration, and (c) de-bureaucratization at both EU and member state levels. Addressing potential pitfalls such as brain drains and heightened competition among member states, the brief concludes by highlighting three essential criteria for enhancing talent attraction and mitigating EU labour shortages through both high- and low-skilled migration.}, language = {en} } @article{vandenBrinkDawsonZglinski, author = {van den Brink, Martijn and Dawson, Mark and Zglinski, Jan}, title = {Revisiting the asymmetry thesis: negative and positive integration in the EU}, series = {Journal of European Public Policy}, journal = {Journal of European Public Policy}, doi = {10.1080/13501763.2023.2296940}, abstract = {The 'asymmetry thesis', articulated by Fritz Scharpf, holds that EU governance is characterised by an asymmetry between positive and negative integration. The EU has well-developed capacities for negative integration but only limited capacities for positive integration. The present paper challenges the orthodoxy that this thesis has become in EU law and political science scholarship. It argues that the asymmetry thesis no longer accurately depicts European integration, revisiting its key legal and institutional assumptions. Taking the internal market as the most likely case to test the thesis, we show that negative integration has become weaker, positive integration has gained in strength, and both developments have had an impact on the substance of EU law and policymaking, which is promoting non-economic concerns and market-correcting policies to a greater extent than it used to. These shifts, so we contend, could be even more pronounced in other areas of European integration.}, language = {en} } @article{FlonkJachtenfuchsObendiek, author = {Flonk, Dani{\"e}lle and Jachtenfuchs, Markus and Obendiek, Anke}, title = {Controlling internet content in the EU: towards digital sovereignty}, series = {Journal of European Public Policy}, journal = {Journal of European Public Policy}, doi = {10.1080/13501763.2024.2309179}, abstract = {We analyse the rhetoric and reality of EU digital sovereignty by looking at content control. The control of online content is central to sovereignty because it relates to fundamental freedoms and democratic competition. Our main data source is the unique International Organizations in Global Internet Governance (IO-GIG) dataset which contains internet policy output documents across international institutions and issue areas between 1995 and 2021. By assessing policy output, we show structural trends in content control output in volume, bindingness, and orientation. By analysing policy discourse, we show the evolution of frames on content control over time. We find evidence for a comprehensive but still ongoing trend towards digital sovereignty in policy output and a shift from prioritising free access to the public order in discourse.}, language = {en} } @article{Koranyi, author = {Koranyi, Kinga}, title = {Power of the weak? Framing strategies in fiscal redistribution negotiations}, series = {Regional \& Federal Studies}, journal = {Regional \& Federal Studies}, doi = {10.1080/13597566.2023.2295407}, abstract = {In fiscal redistribution negotiations, fiscally weaker sub-units aim to secure more funding but are disempowered by their dependency and lack of bargaining chips. What kind of negotiation strategies do fiscally weak actors rely on to maximize their bargaining positions in redistributive negotiations? The article puts forward a novel strategy of discursive framing whereby relatively powerless actors can reach successful agreements. Two strategies of framing, communitarian and coercive, are observed inductively through a comparative case study analysis of two instances of sub-federal redistribution negotiations in Canada. The findings reveal that 'more is not always better': more publicity and aggression can backfire, while communitarian strategies grounded in normative argumentation can prove effective despite their non-confrontational nature. Even a mixed communitarian-coercive strategy can prove effective given that sub-units remain consistent with their initial objectives and apply pressure incrementally. The lessons learned from these Canadian cases have broader implications for studying the dynamics of redistributive negotiations globally.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {Flying blind? Why EU administrations need better data and analytical capacities}, pages = {10}, abstract = {To achieve some recent EU priorities, such as boosting clean tech manufacturing, reducing energy prices, or strengthening economic resilience, policy makers are intervening more actively in the economy. Getting these types of policies right requires a thorough understanding of the respective business environment, technologies, and market developments. This policy brief argues that the EU level lacks the data and the analytic capacities that are needed to achieve this understanding. The next EU Commission should address these shortcomings by collecting more data in the narrow areas subject to vertical government intervention, by improving how data gets collected, and by dedicating more staff to data-driven analyses.}, language = {en} } @phdthesis{Thompson, author = {Thompson, Gil}, title = {Socialisation into European Professional and Political Communities. An Ethnographic Study of Seconded National Experts Deployed by EASO and Frontex to the Lesvos Migration Hotspot}, doi = {10.48462/opus4-4178}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-41785}, school = {Hertie School}, pages = {162}, abstract = {The European Union (EU), though a treaty between states, is different from previous international organisations in the depth and breadth of its aims. Termed a supranational organisation, it seeks not only to work in the common interest of its 27 member states, but in the general interest of the Union. Scholars of EU studies have long debated the construction of this emergent political community, asking whether it would come to exist the manner needed to legitimise these newfound powers. A subset of these researchers has been particularly interested in European socialisation, a field that studies how time spent working in European institutions leads to effective cooperation and the creation of a common, imagined collective. Reviewing literature dating back to the 1970s, this dissertation finds consistent results showing that inductees' ages and countries of origin seem to matter consistently for their likelihood of undergoing European socialisation; however, few other results appear consistently and across studies. The theoretical contribution of this work is to argue that beliefs, rather than demographics should be studied. By looking at how novel organisational roles and norms cohere to those learned over time in national communities, the socialisation process can be better understood. Setting the study at the Lesvos migration hotspot, this study uses ethnographic research methods to understand the microprocesses of the socialisation process among Seconded National Experts (SNEs) deployed by the European Asylum Support Office (EASO) and the European Border and Coast Guard (Frontex) in support of Greek authorities. On the basis of intensive fieldwork, including formal interviews with 24 SNEs and participant observations, this research finds that beliefs regarding legitimate authority and what constitutes high-quality work, formed during their tenures in national professional communities, help explain the efficaciousness of the socialisation process on Lesvos. Moreover, the work finds that the European professional community built on the Greek island undergirds the formation of an inchoate political one. These results contribute to those early questions asked by scholars of European integration and contain practical lessons for mangers and trainers overseeing diverse European workforces, as well as for policymakers and civil society looking to instil best practices.}, language = {en} } @phdthesis{Flonk, author = {Flonk, Dani{\"e}lle}, title = {Content control contestations: How and why internet governance norms emerge and develop}, doi = {10.48462/opus4-4203}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-42030}, school = {Hertie School}, pages = {147}, abstract = {In the early days of the internet, it was often assumed that the internet would develop into a free and open technology. However, governments have proven to be able to govern the internet, control its content, and develop international content control norms. This dissertation looks at content control from an international norms perspective and asks: How and why do international content control norms emerge and develop? I adopt an analytical eclecticist approach that combines elements from comparative politics and international relations. There are three aspects to this eclectic theory of content control. First, states subscribe to content control norms, which can range from liberal to illiberal norms. States cooperate in the area of content control and promote content control norms. Second, states support content control norms to a different extent because of the democratic or authoritarian values they subscribe to and their internal decision-making procedures, which can lead to conflict. Third, regional and international organizations affect the norm promotion strategies of states. I use both qualitative methods (case studies, content analysis) and quantitative methods (negative binomial hurdle model) to answer the research question. In order to answer the how part of the research question, I analyze two aspects of content control norm development. First, I assess the broader conflicts over norms and institutions in internet governance. I show that these conflicts are dependent on the identities of the actors involved. Second, I analyze the strategies that autocratic states use to push for specific content control norms. I show that institutional structures create opportunities and constraints to their norm promotion strategies. In order to answer the why part of the research question, I zoom in even further by comparing content control practices between democratic and authoritarian regimes. I show that democracies also control content, but mainly security-related content. Hence, content control practices are dependent on the regime type identity of actors and the type of content targeted. This dissertation shows that existing global internet governance models are contested and countermodels are emerging. These developments point towards the beginning of the end of the open and liberal internet order as we know it.}, language = {en} } @phdthesis{Bobzien, author = {Bobzien, Licia}, title = {The role of perceived economic inequality in the formation of political preferences}, doi = {10.48462/opus4-4177}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-41778}, school = {Hertie School}, pages = {143}, abstract = {Economic inequality, i.e. income and wealth inequality, varies across time and space. Preferences for and concerns about economic inequality in particular and political preferences in general are remarkably independent of such variation in economic inequality. Empirically, the mechanisms linking economic inequality and political preferences are difficult to study since economic inequality as a macro-level phenomenon can influence individual political preferences in many ways. A typical assumption in theoretically and empirically studying the effects of economic inequality on the formation of political preferences is that individuals have full information about economic inequality. This assumption, while analytically helpful, is conceptually and empirically contested. I study the formation of political preferences under incomplete, potentially biased, information about inequality by considering perceived economic inequality as linking mechanism between economic inequality and political preferences. Chapter 2 studies the relevance of inequality perceptions for the formation of preferences for redistribution and finds that inequality perceptions are strong predictors for preferences for redistribution. I further find that inequality perceptions are independent of actual levels of income inequality but dependent on individual socio-economic and ideological positions. Chapter 3 builds upon this argument but looks at perceptions of tax inequality rather than income inequality and its effects on preferences for taxation. It shows that individuals perceive tax rates for different income groups differently depending on their own income position. Preferred tax rates for different income groups, however, are rather similar across individual income positions. Chapters 2 and 3 indicate that there is heterogeneity in perceived inequalities and that these perceptions are relevant to the formation of political preferences. While these chapters use individual level observational data to study potential mechanisms correlationally, I apply a quasi-experimental design to test whether perceived inequality—modelled as experience of inequality—causally influences political preferences in chapter 4: Studying populist voting in Germany, I find that experiencing regional inequality can affect populist voting. This dissertation presents empirical evidence that considering perceived inequalities can help us to better understand why individual political preferences do not necessarily reflect levels and changes in economic inequality.}, language = {en} } @book{HasselWegrich, author = {Hassel, Anke and Wegrich, Kai}, title = {How to do Public Policy}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780198747000}, publisher = {Hertie School}, pages = {400}, abstract = {How to Do Public Policy offers a guide to students and practitioners on how to improve problem-solving with policies in a political world. It integrates insights from applied policy analysis and studies of the policy process to develop a framework that conceives policy-making as structured by two spheres of action - the 'engine room' of specialists and experts in government agencies, NGOs, research organizations etc., on the one hand, and the political 'superstructure' of politicians, key public stakeholders and the public, on the other hand. Understanding the different logics of the engine room and the superstructure is key for successful policy-making. The dual structure of policy-making provides a perspective on policy-analysis (interactive policy analysis) and policy-making (actor-centred policy-making) that moves from the focus on individual and specific measures, towards understanding and shaping the relation and interaction between policy interventions, the institutional context and the stakeholders involved or affected. Part I of the book presents the basic analytical concepts needed to understand the policy process and the structures and dynamics involved in it, as well as to understand how and why actors behave the way they do-and how to engage with different types of actors. Part II moves further into the nuts and bolts of policy-making, including policy design, implementation, and evaluation. Part III introduces and explores three key aspects of the capacity to make good policies: engagement with stakeholders, the process of policy coordination in a context of interdependence, and the role of institutions.}, language = {en} } @phdthesis{Koenig, author = {K{\"o}nig, Franca}, title = {EU Police Cooperation (1976 - 2016). State Preferences in the Context of Differentiated Integration}, doi = {10.48462/opus4-3107}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-31074}, school = {Hertie School}, pages = {297}, abstract = {European internal security has become increasingly relevant in recent years. Various incidents across EU Member States have demonstrated the transnationalisation of terrorism and organised crime as well as the need to work together to safeguard security in a progressively borderless Europe. Governments and citizens have consistently called for a growing role of the EU and coordinating at this level. In this light, it appears striking that different cooperation initiatives continue to mushroom inside and outside the EU framework. Their parallel emergence duplicates efforts at best but can also obstruct information exchange and produce security failures. This dissertation sets out to investigate why Member States acknowledge the benefits of integration, yet advance differentiation as well. Concretely, it studies the formation of state preferences in the still largely intergovernmental field of EU police cooperation. It asks which factors shape government positions and how they drive Member States to favour integration. In particular, the influence of cross-country interdependencies, politicisation and policy entrepreneurship might help explain processes of integration and differentiation in this policy area. Their relative importance as drivers of state preferences is studied across the institutional development of EU police cooperation between 1976 and 2016. The analysis is organised around four 'milestones' in the integration of this field: 1) the 1976 intergovernmental Trevi Group; 2) the 1995 Europol Convention establishing the European Police Office (Europol); (3) the 2009 Europol Council Decision establishing Europol as official EU agency; and (4) the 2016 Europol Regulation. This dissertation finds that interdependencies in the fight against common threats mattered most as driver of state integration preferences in the early stages of European police cooperation. More recently, supranational policy entrepreneurship has emerged as key influence of pro-integration attitudes among Member States and can be expected to grow in importance. Politicisation, against it, provides windows of opportunity to this end and acts rather as amplifier of integration pressure from interdependencies and policy entrepreneurs. In sum, the asymmetrical effects of all three drivers explains the formation of diverging governmental attitudes towards integration and can thus help account for the persistence of parallel processes of differentiation and integration.}, language = {en} } @phdthesis{Bois, author = {Bois, Julien Raymond Florent}, title = {The Uncertain World of the Court of Justice of the European Union. A Multidisciplinary Approach of the Legitimacy of the EU Judiciary in the 21st century}, doi = {10.48462/opus4-4084}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-40844}, school = {Hertie School}, pages = {283}, abstract = {The Court of Justice of the European Union is one of the most contested European Union institutions. It is a non-majoritarian body that wields power beyond the state and imposes its rule to citizens and directly legitimate national governments. Despite numerous bold rulings that went beyond the expectations of member states, added to the alleged global legitimacy crisis suffered by the EU, the CJEU was the most likely candidate to face total disempowerment. Yet the Court's mandate has been extended as a result of the economic and financial crisis, and its involvement in the control of the new economic recovery fund in the context of the COVID 19 crisis led 2 member states to lift their veto to the most important recovery plan of the century. How is the Court seemingly not suffering a legitimacy crisis in the 21st century? Answers to this paradox require a comprehensive exercise of theory building of the Court's legitimacy. The latter is a concept traditionally employed to assess the justified right to rule of powerholders within nation-states and was used to describe the whole polity rather than some of its parts. Existing legitimacy concepts must be refined in order to characterize the transnational non-majoritarian body. The thesis thus provides the first comprehensive and multidisciplinary account of the legitimacy of the CJEU, drawing insights from law, political science and sociology. It recalibrates the use of concepts such as the "input-throughput-output" trichotomy to the specificities of the judiciary and combines theories of judicial review developed in legal scholarship with actor-based accounts found in empirical social sciences. The thesis rejects the division between normative and sociological legitimacy and advocates for a recoupling of both sides in order to have a complete picture of the CJEU's right to rule. The question of the Court's audience is crucial. Standards of judicial legitimacy are forged according to the social characteristics of the Court's attentive public. Since the CJEU is a non-majoritarian institution evolving on the transnational scene and exercises an expert activity discriminating legal specialists from other citizens, the Court's attentive public is (as determined by the analysis of judicial external visits and the properties of the Court's followers on Twitter) composed by the EU legal profession. Normative standards of judicial legitimacy in the EU must be forged according to the expectations of the Court's attentive public while respecting broader social dynamics found in all member states. In terms of the Court's sources of legitimacy, the Court must respect its ii mandate enshrined in the treaties and judges must be outstanding legal professionals and reflect the population of the member states. It must respect due process and associate its attentive public to the interpretation and enforcement of EU law as much as possible. It must also deliver sound results that correspond to its status as the supreme court of the Union. The thesis concludes by claiming that the CJEU is not suffering a legitimacy crisis in the 21st century. The legitimacy deficits that characterize its activities are progressively or remain minor, and do not outweigh the support that judges built with the legal profession over decades. The thesis nonetheless identified several institutional and behavioral shortcomings and includes a series of recommendations to address the mere legitimacy problems faced the Court today.}, language = {en} } @techreport{AbouChadiJansenKollbergetal., type = {Working Paper}, author = {Abou-Chadi, Tarik and Jansen, Jannik and Kollberg, Markus and Redeker, Nils}, title = {Debunking the Backlash - Uncovering European Voters' Climate Preferences}, pages = {22}, abstract = {The notion of a broad green backlash is set to dominate this year's European election campaign. Based on new survey data from more than 15.000 respondents in Germany, France and Poland, we show that it is largely overblown. A majority of voters still wish for a more ambitious climate policy and would support a raft of concrete measures to bring down emissions. However, supporting pivotal voters in the middle will require a stronger focus on green investment and industrial policy and offsetting measures for effective but unpopular policies like carbon pricing. Parties should not waste the coming months outbidding each other over how to cater to imagined climate fatigue but compete over concrete recipes to green the economy.}, language = {en} } @techreport{Redeker, type = {Working Paper}, author = {Redeker, Nils}, title = {Chasing Shadows: What the Net Zero Industry Act Teaches Us About EU Industrial Policy}, pages = {4}, abstract = {The Net Zero Industry Act (NZIA) was touted as the EU's big response to the US Inflation Reduction Act. After a year of negotiations, it will finally hit the legislative books. In his policy position, Nils Redeker analyses what has become of the EU's green industrial policy ambitions, what the NZIA teaches us about Europe's role in the clean tech race, and what the next Commission needs to do to formulate a constructive answer to the global return of industrial policy.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {Handle with care - How Europe can reap the benefits of securitisation}, pages = {11}, abstract = {Provided it is sufficiently regulated, securitisation can help to fund the economy and share risks within the monetary union. Securitisation combines the advantages of banks in lending and of financial markets in financing. However, a lack of standardisation and legal harmonisation currently prevents the EU from reaping the benefits of this instrument. Weakening the prudential framework will not create a truly European market but may pose new risks to financial stability. Instead, this Policy Brief argues that to scale up securitisation, overcoming the fragmentation in national contract and insolvency laws in the longer term will be key. In the meantime, the European Commission should cut unnecessary red tape and establish an EU-wide standardised securitisation product tailored to an asset class that shows sustainable growth potential. Renovation loans are a promising option.}, language = {en} } @techreport{Leichthammer, type = {Working Paper}, author = {Leichthammer, Arthur}, title = {Navigating the Geoeconomic Tide: The Commission's quest for a policy compass}, pages = {10}, abstract = {In 2019, Ursula von der Leyen promised a geopolitical Commission. Back then, the proclamation was largely derided as empty rhetoric. However, in recent years, a dizzying number of geoeconomic initiatives have come from Brussels, revising and tweaking existing tools and measures, developing new instruments, and announcing a grand new European Economic Security Strategy. This policy brief examines the progress made and outlines the key challenges for the next Commission. While the current Commission expanded the EU's geoeconomic toolbox, the incoming Commission must prioritise harmonisation to prevent fragmentation, allocate substantial funds to enhance resilience, and streamline institutional processes to facilitate coherent policymaking at a European level.}, language = {en} } @techreport{OstaninaTardy, type = {Working Paper}, author = {Ostanina, Sascha and Tardy, Thierry}, title = {Turbo-charging the EU's defence industry and security posture}, pages = {16}, abstract = {The first-ever European Defence Industrial Strategy and its financial leg, the European Defence Industrial Programme, saw the light of day in March 2024. The strategy seeks to ameliorate deficiencies in EU defence readiness identified in light of the Russo-Ukrainian war. It offers an ambitious agenda and tailor-made incentives designed to encourage EU member states to invest more, better, together, and European. The Jacques Delors Institute's Associate Research Fellow Thierry Tardy and the Jacques Delors Centre's Security Policy Fellow Sascha Ostanina argue that the strategy is a good start to motivate European countries for more action in the defence sector. However, as long as the EU fails to take on a larger defence mandate via treaty change, the strategy success will hinge upon whether the member states, and their respective industrial defence sectors, will be willing to step up to the plate.}, language = {en} } @incollection{JoergesBohnenberger, author = {Joerges, Christian and Bohnenberger, Fabian}, title = {A Conflicts-law Response to the Precarious Legitimacy of Transnational Trade Governance}, series = {Research Handbook on The Sociology of International Law}, booktitle = {Research Handbook on The Sociology of International Law}, editor = {Hirsch, Moshe and Lang, Andrew}, publisher = {Edward Elgar}, address = {Cheltenham}, isbn = {9781783474486}, abstract = {This paper discusses the fundamental tensions between economic globalisation and democratic politics in the field of international trade. New bilateral and regional trade agreements increasingly incorporate other "trade-related" policy areas and threaten to constrain state action and democratic politics. The move towards deeper and more comprehensive trade deals has greatly accentuated grievances and is of exemplary importance in the realms of transnational governance. This article examines the decoupling of these agreements from national and democratic control and the resulting legitimacy impasses of transnational governance based upon the theoretical frameworks of Karl Polanyi and Dani Rodrik. Arguing that politics is not a mistake that gets in the way of markets, we submit our own conceptualisation of transnational legitimacy. In doing so, we suggest a new type of conflicts law which does not seek to overcome socio-economic and political diversity by some substantive transnational regime, but responds to diversity with procedural safeguards, thus ensuring space for co-operative problem-solving and the search for fair compromises.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {New governance and the displacement of Social Europe: the case of the European Semester}, series = {European Constitutional Law Review}, volume = {14}, journal = {European Constitutional Law Review}, number = {1}, issn = {1574-0196}, doi = {10.1017/S1574019618000081}, pages = {191 -- 209}, abstract = {Has the European Semester led to a displacement of Social Europe, or to the development of social policy through fiscal processes and actors? - Potential for Semester to increase soft law's binding effects or 'socialise' EU policy-making - Positive effects severely limited by the Semester's overall goals: fiscal stabilisation and the creation of increasingly uniform economic policies - Dilemma for Social Europe: how can an autonomous EU social policy be (re) established without risking marginalisation?}, language = {en} } @article{DawsonBobićMaricutAkbik, author = {Dawson, Mark and Bobić, Ana and Maricut-Akbik, Adina}, title = {Reconciling Independence and accountability at the European Central Bank: The false promise of Proceduralism}, series = {European Law Journal}, volume = {25}, journal = {European Law Journal}, number = {1}, issn = {1468-0386}, doi = {10.1111/eulj.12305}, pages = {75 -- 93}, abstract = {This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade-off between independence and accountability (said to be 'two sides of the same coin') has resulted in a tendency to privilege the former over the latter.}, language = {en} } @incollection{NaurinReh, author = {Naurin, Daniel and Reh, Christine}, title = {Deliberative Negotiation}, series = {The Oxford Handbook of Deliberative Democracy}, booktitle = {The Oxford Handbook of Deliberative Democracy}, editor = {B{\"a}chtiger, Andre and Dryzek, John S. and Mansbridge, Jane and Warren, Mark}, publisher = {Oxford UP}, address = {Oxford}, isbn = {9780198747369}, doi = {10.1093/oxfordhb/9780198747369.001.0001}, publisher = {Hertie School}, pages = {728 -- 741}, abstract = {Deliberative democracy has been the main game in contemporary political theory for two decades and has grown enormously in size and importance in political science and many other disciplines, and in political practice. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, as well as exploring and creating links with multiple disciplines and policy practice around the globe. It provides a concise history of deliberative ideals in political thought while also discussing their philosophical origins. It locates deliberation in a political system with different spaces, publics, and venues, including parliament and courts but also governance networks, protests, mini-publics, old and new media, and everyday talk. It documents the intersections of deliberative ideals with contemporary political theory, involving epistemology, representation, constitutionalism, justice, and multiculturalism. It explores the intersections of deliberative democracy with major research fields in the social sciences and law, including social and rational choice theory, communications, psychology, sociology, international relations, framing approaches, policy analysis, planning, democratization, and methodology. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution. It documents the practice and study of deliberative democracy around the world, in Asia, Latin America, Africa, Europe, and global governance. And it provides reflections on the field by pioneering thinkers.}, language = {en} } @article{DawsonAugensteinThielboerger, author = {Dawson, Mark and Augenstein, Daniel and Thielb{\"o}rger, Pierre}, title = {The UNGPs in the European Union: The Open Coordination of Business and Human Rights?}, series = {Business and Human Rights Journal}, volume = {3}, journal = {Business and Human Rights Journal}, number = {1}, doi = {10.1017/bhj.2017.30}, pages = {1 -- 22}, abstract = {The article examines the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union via National Action Plans (NAPs). We argue that some of the shortcomings currently observed in the implementation process could effectively be addressed through the Open Method of Coordination (OMC) - a governance instrument already used by the European Union (EU) in other policy domains. The article sketches out the polycentric global governance approach envisaged by the UNGPs and discusses the institutional and policy background of their implementation in the EU. It provides an assessment of EU member states' NAPs on business and human rights, as benchmarked against international NAP guidance, before relating experiences with the existing NAP process to the policy background and rationale of the OMC and considering the conditions for employing the OMC in the business and human rights domain. Building on a recent opinion of the EU Fundamental Rights Agency, the article concludes with a concrete proposal for developing an OMC on business and human rights in the EU.}, language = {en} } @article{BenassyQuereBrunnermeierEnderleinetal., author = {B{\´e}nassy-Qu{\´e}r{\´e}, Agn{\`e}s and Brunnermeier, Markus and Enderlein, Henrik and Pisani-Ferry, Jean and Farhi, Emmanuel and Fratzscher, Marcel and Fuest, Clemens and Gourinchas, Pierre-Olivier and Martin, Philippe and Rey, H{\´e}l{\`e}ne and Schnabel, Isabel and V{\´e}ron, Nicolas and Weder di Mauro, B{\´e}atrice and Zettelmeyer, J{\´e}romin}, title = {Reconciling risk sharing with market discipline: A constructive approach to Eurozone reform}, series = {CEPR Policy Insight No. 91}, journal = {CEPR Policy Insight No. 91}, language = {en} } @article{GenschelJachtenfuchs, author = {Genschel, Philipp and Jachtenfuchs, Markus}, title = {From Market Integration to Core State Powers. The Eurozone Crisis, the Refugee Crisis and Integration Theory}, series = {Journal of Common Market Studies}, volume = {56}, journal = {Journal of Common Market Studies}, number = {1}, doi = {10.1111/jcms.12654}, pages = {178 -- 196}, abstract = {The Eurozone crisis and the refugee crisis are showcases of the problems associated with the EU's shift from market integration to the integration of core state powers. The integration of core state powers responds to similar demand factors as market integration (interdependence, externalities and spillover) but its supply is more tightly constrained by a high propensity for zero-sum conflict, a functional requirement for centralized fiscal, coercive and administrative capacities, and high political salience. We show how these constraints structured the initial design of Economic and Monetary Union and of Schengen, made them vulnerable to crisis, and shaped policy options during the crises: they made horizontal differentiation unattractive, re-regulation ineffective, centralized risk and burden-sharing unfeasible, and the externalization of adjustment burdens to non-EU actors necessary by default. In conclusion, we explore possible escape routes from the trap.}, language = {en} } @article{DawsonBobić, author = {Dawson, Mark and Bobić, Ana}, title = {Quantitative easing at the Court of Justice - Doing whatever it takes to save the euro: Weiss and Others}, series = {Common Market Law Review}, volume = {56}, journal = {Common Market Law Review}, number = {4}, issn = {0165-0750}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-30368}, pages = {1005 -- 1040}, language = {en} } @techreport{Dawson, type = {Working Paper}, author = {Dawson, Mark}, title = {Juncker's Political Commission: Did it Work?}, series = {SIEPS - Swedish Institute for European Policy Studies}, journal = {SIEPS - Swedish Institute for European Policy Studies}, abstract = {The 'political Commission' may be the defining idea of the Juncker Presidency. But did it work? This paper is devoted to analysing how the notion of a political Commission has framed the organization and policy-making of the Juncker Commission. The idea of the political Commission was to allow the Commission to streamline its agenda and focus on a narrower number of proposals. In the words of the 2018 State of the Union address: to be 'bigger on the big things and smaller on the small things'. In reality, external constraints, and in particular the divergent preferences and electoral cycles of national governments, have frustrated this promise. The Commission's confinement to a relatively narrow set of regulatory (rather than distributive) tools limits its ability to be politically responsive to the main challenges the Union currently faces. At the same time, the political Commission undermines some elements of the Commission's regulatory legitimacy - for example, its promise to be a neutral arbiter in the enforcement of competition, internal market and rule of law norms. While the political Commission continues to be a normatively attractive idea, it has fitted poorly with the institutional and political constraints surrounding the Juncker Presidency. This carries implications for the next Commission and the fate of the Spitzenkandidaten process.}, language = {en} } @incollection{Dawson, author = {Dawson, Mark}, title = {How Can EU Law Contain Economic Discretion?}, series = {EU Executive Discretion and the Limits of Law}, booktitle = {EU Executive Discretion and the Limits of Law}, editor = {Mendes, Joana}, publisher = {Oxford University Press}, isbn = {9780198826668}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-29889}, publisher = {Hertie School}, pages = {64 -- 84}, language = {en} } @incollection{Dawson, author = {Dawson, Mark}, title = {The Impact of Brexit on British Law and Democracy: Four Effects}, series = {Brexit - and What it Means}, booktitle = {Brexit - and What it Means}, editor = {Kadelbach, Stefan}, publisher = {Nomos}, isbn = {9783848760121}, doi = {10.5771/9783748901327-47}, publisher = {Hertie School}, pages = {47 -- 56}, language = {en} } @techreport{Redeker, type = {Working Paper}, author = {Redeker, Nils}, title = {Brexit: Bereit f{\"u}r Phase 2? Wie es nach dem Austritt weitergeht}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-32875}, pages = {6}, abstract = {Fast f{\"u}nf Jahrzehnte nachdem das Vereinigte K{\"o}nigreich der Union beigetreten ist und dreieinhalb Jahre nachdem sich die Briten in einem Referendum mit knapper Mehrheit f{\"u}r den Brexit entschieden haben, beendet Großbritannien am 31. Januar um Mitternacht deutscher Zeit offiziell seine Mitgliedschaft. Die direkten Folgen des Austritts halten sich dennoch zun{\"a}chst in Grenzen. Noch bis zum Jahresende l{\"a}uft eine {\"U}bergangsfrist, w{\"a}hrend der sich Großbritannien weiterhin an alle EU-Standards halten muss, Teil des Binnenmarkts und der Zollunion bleibt und Beitr{\"a}ge in den EU-Haushalt zahlt. Erst am Ende dieser Frist wird Großbritannien nicht nur formal und institutionell, sondern auch faktisch aus der EU ausscheiden. Beiden Seiten bleiben damit elf Monate, um ihre k{\"u}nftigen Beziehungen zu regeln und ein umfassendes Freihandelsabkommen zu vereinbaren. Gelingt das nicht, drohen die Einf{\"u}hrung von Z{\"o}llen, Importquoten und anderen Handelsbeschr{\"a}nkungen. Die wirtschaftlichen Folgen w{\"a}ren mit denen eines No-Deal Brexits durchaus vergleichbar. Das Ringen um den Brexit geht also in die n{\"a}chste Runde. Drei Fragen werden dabei in den kommenden Monaten entscheidend sein. Erstens, ist ein Abkommen innerhalb der gesetzten Frist {\"u}berhaupt zu erreichen? Zweitens, wie breit k{\"o}nnte so ein erstes Abkommen werden? Und drittens, wie geschlossen wird die EU in den kommenden Verhandlungen auftreten k{\"o}nnen?}, language = {de} } @techreport{Guttenberg, type = {Working Paper}, author = {Guttenberg, Lucas}, title = {We Don't Need No Institution - What the Eurozone requires is not a treasury but a common fiscal policy}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-32881}, pages = {5}, abstract = {Does the Eurozone need a "treasury"? The answer is no: The Eurozone needs a common fiscal policy to complement the ECB's monetary policy. But it does not need a new institution to take fiscal policy decisions or to execute such decisions. The EU institutional framework is well-equipped to perform these functions. Hence, the focus of political energy should be on getting the right policies and instruments in place, not on building new shiny institutions.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {Koenig, Nicole}, title = {Qualified Majority Voting in EU Foreign Policy: Mapping Preferences}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-32897}, pages = {6}, abstract = {The Common Foreign and Security Policy (CFSP) is one of the EU's last bastions of unanimous decision-making. The idea of introducing qualified majority Voting (QMV) is as old as the policy area itself.}, language = {en} } @techreport{Dittrich, type = {Working Paper}, author = {Dittrich, Paul-Jasper}, title = {Data sharing: A European challenge? Why the EU should make data sharing a piority}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-32902}, pages = {6}, abstract = {Data sharing refers to transactions in which personal or nonpersonal data from the public or private sector is made available for other organisations (public or private) for use and re-use. Data sharing can occur for free or data can be made available for profit. Data sharing in the EU has a lot of untapped value potential both for individuals and for the economy at large. New rules and institutions that can enable data sharing in a trusted manner and give citizens more control over when and how they share their private data need to be built at the European level. The question is how? The EU should work towards a stronger culture of data sharing and help build the necessary infrastructure with a focus on two areas: Building infrastructure for data sharing and access for companies and extending the right to portability of personal data (Art. 20 GDPR).}, language = {en} } @article{DawsonLynskeyMuir, author = {Dawson, Mark and Lynskey, Orla and Muir, Elise}, title = {What is the Added Value of the Concept of the "Essence" of EU Fundamental Rights?}, series = {German Law Journal}, volume = {20}, journal = {German Law Journal}, number = {Special Issue 6}, doi = {10.1017/glj.2019.61}, pages = {763 -- 778}, abstract = {This Article introduces our Special Issue by posing a central question: What is the added value of the increasing prominence of the concept of the "essence" of fundamental rights in EU law? It will address this larger question in four steps: First, by examining the function of the concept in EU law and the methods for its derivation; second, by summarizing how its application diverges across EU—and international—law; third, by outlining some enduring difficulties with the essence concept; and finally, by reflecting on its future role in EU law, including its impact on other sites of legal authority—such as domestic fundamental rights, the political institutions of the EU, and international human rights law. As the other articles of this issue demonstrate, while there is not yet a coherent approach to deriving and understanding the essence of rights across the fundamental rights the EU must protects, the essence concept plays an increasingly significant role in demarcating the boundaries between the EU's legal and political orders and between overlapping sites of legal authority. Recent developments—such as the rule of law "crises"—are likely to further amplify the importance of "essence" to EU law practice and scholarship.}, language = {en} } @incollection{Jachtenfuchs, author = {Jachtenfuchs, Markus}, title = {Is there a Compliance Trilemma in International Law? Comment on Jeffrey L. Dunoff'}, series = {The International Rule of Law: Rise or Decline? Foundational challenges}, booktitle = {The International Rule of Law: Rise or Decline? Foundational challenges}, editor = {Krieger, Heike and Nolte, Georg and Zimmermann, Andreas}, publisher = {Oxford University Press}, doi = {10.1093/oso/9780198843603.003.0013}, publisher = {Hertie School}, pages = {204 -- 210}, abstract = {This chapter is a comment on Jeffrey L Dunoff's discussion of the compliance trilemma. It emphasizes that one needs to continue studying fuzzy concepts even if they are difficult to measure. Moreover, it argues that the compliance trilemma is a parsimonious tool for understanding tensions in global governance but not an inescapable structural constraint in an anarchic international system. Its tensions can be mediated or overcome by the clever design of international agreements or institutions.}, language = {en} } @article{BressanelliKoopReh, author = {Bressanelli, Edoardo and Koop, Christel and Reh, Christine}, title = {EU Actors under pressure: politicisation and depoliticisation as strategic responses}, series = {Journal of European Public Policy}, volume = {27}, journal = {Journal of European Public Policy}, number = {3}, doi = {10.1080/13501763.2020.1713193}, pages = {329 -- 341}, abstract = {This contribution conceptualises bottom-up politicisation in Europe's multi-level system. EU-level actors, we argue, respond strategically to the functional and political pressures 'travelling up' from the member states. Perceiving domestic dissensus as either constraining or enabling, actors display both self-restraint and assertiveness in their responses. Motivated by the survival of the EU as a system 'under attack', and by the preservation of their own substantive and procedural powers, actors choose to either politicise or depoliticise decision-making, behaviour and policy outcomes at the supranational level. As a collection, this Special Issue demonstrate that the choices actors make 'under stress' at the EU-level - ranging from 'restrained depoliticisation' to 'assertive politicisation' - are, indeed, conditional on how bottom-up pressures are perceived and processed.}, language = {en} } @techreport{KammouriehPetrov, type = {Working Paper}, author = {Kammourieh Petrov, Sima}, title = {Ring-fencing in the Eurozone and the road to the Banking Union}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-33378}, pages = {8}, abstract = {The Banking Union is one of the most important and ambitious projects launched by the European Union in the last ten years. With supervisory and resolution mechanisms for Eurozone banks now up and running, the current narrative is that most of the work to create the Banking Union is complete. This paper disputes this view, arguing that the persistence of financial protectionism - or "ring-fencing" - at Member State level significantly erodes the effectiveness of the Eurozone's single supervisory and resolution mechanisms. It formulates concrete recommendations and calls for a political leap of faith from Eurozone Member States to cease ring-fencing practices.}, language = {en} } @techreport{Koenig, type = {Working Paper}, author = {K{\"o}nig, Franca}, title = {Big Data, 5G and AI. How Europol could help von der Leyen achieve her goals}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-33387}, pages = {14}, abstract = {Commission President Ursula von der Leyen has pledged to make Europe 'fit for the digital age', including in the areas of big data, 5G and artificial intelligence. On March 9, her first 100 days in office will be over and measured against her agenda for the legislative period 2019-2024. While the course has been set for an innovative and competitive EU as regards digitalisation and cyber, the Commission's approach has so far lacked a security perspective. This Policy Paper explains why the inclusion of a security dimension is crucial and how Europol, the EU's agency for police cooperation, could help von der Leyen to this end.}, language = {en} } @article{HaasD'ErmanSchulzetal., author = {Haas, J{\"o}rg and D'Erman, Valerie and Schulz, Daniel F. and Verdun, Amy}, title = {Measuring Economic Reform Recommendations under the European Semester: 'One Size Fits All' or Tailoring to Member States?}, series = {Journal of Contemporary European Research}, journal = {Journal of Contemporary European Research}, number = {15(2)}, issn = {1815-347X}, doi = {10.30950/jcer.v15i2.999}, pages = {194 -- 211}, abstract = {In 2010 the European Semester was created to better coordinate fiscal and economic policies within Europe's Economic and Monetary Union. The Semester aims to tackle economic imbalances by giving European Union (EU) member states country-specific recommendations (CSRs) regarding their public budgets as well as their wider economic and social policies with a view to enabling better policy coordination among Euro Area member states. In this article we develop a method to assess the way in which the CSRs have been addressing coordination and offer a systematic analysis of the way they have been formulated. We offer a way to code CSRs as well as one to analyse progress evaluations. Furthermore, we seek to use our results to address one of the reoccurring questions in the literature: whether the EU is pursuing a 'one size fits all' approach to economic policy making in the Euro Area? The findings indicate that different types of market economies and welfare states - different 'varieties of capitalism' - among the Euro Area members obtain different recommendations regarding different policy areas.}, language = {en} } @article{Kreilinger, author = {Kreilinger, Valentin}, title = {From procedural disagreement to joint scrutiny? The Interparliamentary Conference on Stability, Economic Coordination and Governance}, series = {Perspectives on Federalism}, journal = {Perspectives on Federalism}, number = {10(3)}, issn = {2036-5438}, doi = {10.2478/pof-2018-0035}, pages = {155 -- 183}, abstract = {The provision of Article 13 TSCG to create an Interparliamentary Conference was the starting point for long discussions after which national parliaments and the European Parliament eventually reached a compromise. This article pursues a two-fold objective: It first examines the different phases of interparliamentary negotiations from 2012 to 2015. On the basis of a distinction between three competing models for interparliamentary cooperation, the article shows that the two models of EP-led scrutiny and creating a collective parliamentary counterweight did not prevail: Parliaments agreed that the new Interparliamentary Conference on Stability, Economic Coordination and Governance (SECG) would follow the 'standard' interparliamentary conference (COSAC model). In terms of national parliaments' actual participation, the lowest common denominator compromise has not changed the numbers of participating MPs: Attendance records are stable over time, the size of national delegations continues to vary and participating MPs are still twice as likely to be members of Budget or Finance committees than to be members of European affairs committees.}, language = {en} } @article{Kreilinger, author = {Kreilinger, Valentin}, title = {Scrutinising the European Semester in national parliaments: what are the drivers of parliamentary involvement?}, series = {Journal of European Integration}, journal = {Journal of European Integration}, number = {40(3)}, issn = {1477-2280}, doi = {10.1080/07036337.2018.1450402}, pages = {325 -- 340}, abstract = {How exactly are national parliaments involved in the European Semester? The stronger coordination of fiscal and economic policies in the European Union (EU) in reaction to the sovereign debt crisis has forced national parliaments to adapt their procedures. This article examines how the European Semester is scrutinised and what factors have driven parliamentary activities in the French National Assembly, the German Bundestag, the Irish D{\´a}il and the Portuguese Assembleia between 2012 and 2017. Particularly noteworthy is that legal provisions for a parliamentary debate on the Stability Programme can be ignored in France, that the German Bundestag is much less active in the European Semester than in EU affairs or in the budget process and that the weakness of Ireland's parliament in the annual budget procedure affects its role in the European Semester. This article therefore suggests defining minimum standards for parliamentary involvement and strengthening interparliamentary cooperation.}, language = {en} } @article{Bobzien, author = {Bobzien, Licia}, title = {Polarized perceptions, polarized preferences? Understanding the relationship between inequality and preferences for redistribution}, series = {Journal of European Social Policy}, journal = {Journal of European Social Policy}, doi = {10.1177/0958928719879282}, abstract = {When studying the relationship between inequality and preferences for redistribution, it is often assumed - either implicitly or explicitly - that individuals are informed about actual levels of inequality. Newer research, however, challenges this assumption and shows that perceived inequality differs from actual inequality. Empirically, these inequality perceptions are rather good predictors for preferences for redistribution. This article argues that individuals answer the standard question for measuring preferences for redistribution based on their inequality perceptions. I conduct a simple regression analysis based on two waves of the ISSP (1999 and 2009) and show that (1) inequality perceptions are systematically linked to socio-economic variables as well as to ideological beliefs rather than to actual inequality. Then, I disaggregate the variance in inequality perceptions to a part which is explainable by socio-economic and ideological determinants (the common control variables for explaining preferences for redistribution) and an unexplained part. I show that (2) the explained as well as the unexplained variance part is associated with preferences for redistribution. I argue that this finding makes considering inequality perceptions practically relevant since standard control variables do not fully account for variation in perceived inequality.}, language = {en} } @article{KoopRehBressanelli, author = {Koop, Christel and Reh, Christine and Bressanelli, Edoardo}, title = {When politics prevails: Parties, elections and loyalty in the European Parliament}, series = {European Journal of Political Research}, volume = {57}, journal = {European Journal of Political Research}, number = {3}, issn = {1475-6765.12252}, doi = {10.1111/1475-6765.12252}, pages = {563 -- 586}, abstract = {In many political systems, legislators serve multiple principals who compete for their loyalty in legislative votes. This article explores the political conditions under which legislators choose between their competing principals in multilevel systems, with a focus on how election proximity shapes legislative behaviour across democratic arenas. Empirically, the effect of electoral cycles on national party delegations' 'collective disloyalty' with their political groups in the European Parliament (EP) is analysed. It is argued that election proximity changes the time horizons, political incentives and risk perceptions of both delegations and their principals, 'punctuating' cost-benefit calculations around defection as well as around controlling, sanctioning and accommodating. Under the shadow of elections, national delegations' collective disloyalty with their transnational groups should, therefore, increase. Using a new dataset with roll-call votes cast under legislative codecision by delegations between July 1999 and July 2014, the article shows that the proximity of planned national and European elections drives up disloyalty in the EP, particularly by delegations from member states with party-centred electoral rules. The results also support a 'politicisation' effect: overall, delegations become more loyal over time, but the impact of election proximity as a driver of disloyalty is strongest in the latest parliament analysed (i.e., 2009-2014). Furthermore, disloyalty is more likely in votes on contested and salient legislation, and under conditions of Euroscepticism; by contrast, disloyalty is less likely in votes on codification files, when a delegation holds the rapporteurship and when the national party participates in government. The analysis sheds new light on electoral politics as a determinant of legislative choice under competing principals, and on the conditions under which politics 'travels' across democratic arenas in the European Union's multilevel polity.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {The lost Spitzenkandidaten and the future of European democracy}, series = {Maastricht Journal of European and Comparative Law}, volume = {26}, journal = {Maastricht Journal of European and Comparative Law}, number = {6}, doi = {10.1177/1023263X19884434}, pages = {731 -- 735}, abstract = {This editorial critically examines the decision of EU leaders not to follow the 'Spitzenkandidaten' procedure when recently nominating the new President of the European Commission. It does so by situating that decision in a consociational model of democracy, that seeks to share political authority rather than link it directly to electoral processes. As the editorial argues, this model leaves the EU exposed to elitist critique and sits uneasily with certain aspects of Article 17(7) TEU. The review and renewal of the Spitzenkandidaten system promised by the incoming Commission President is thus sorely needed.}, language = {en} } @techreport{Grund, type = {Working Paper}, author = {Grund, Sebastian}, title = {Legal, compliant and suitable: The ECB's Pandemic Emergency Purchase Programme (PEPP)}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35130}, pages = {9}, abstract = {The ECB has announced a 750-billion-euro purchase programme to fight the economic impact of the COVID-19 pandemic. But like all ECB programmes in recent years, the new Pandemic Emergency Purchase Programme (PEPP) will likely be challenged in court. This policy brief assesses whether the PEPP will likely survive a legal challenge. It argues that the PEPP is compatible with EU law because it meets the three criteria the Court of Justice of the EU has established to check the legality of monetary policy measures: First, the PEPP falls within the ECB's mandate. Second, it respects the principle of proportionality. And third, it does not violate the prohibition of monetary financing. This assessment even holds if the ECB were to relax some of the constraints in the PEPP like the issuer limit currently applicable to other bond-buying programmes.}, language = {en} } @techreport{GuttenbergGrundOdendahl, type = {Working Paper}, author = {Guttenberg, Lucas and Grund, Sebastian and Odendahl, Christian}, title = {Sharing the fiscal burden of the crisis - A Pandemic Solidarity Instrument for the EU}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35141}, pages = {12}, abstract = {EU member states must share the burden of the fiscal costs of the COVID-19 pandemic. The Pandemic Solidarity Instrument delivers such burden sharing: The EU would borrow 440 billion euros in the market and would give it as grants to member states for specific spending in areas such as health care, short-time works schemes or stimulus packages; it would also give guarantees to the European Investment Bank to provide liquidity to European companies.}, language = {en} } @techreport{Kask, type = {Working Paper}, author = {Kask, Maarja}, title = {False information about coronavirus and beyond: Lessons for the EU?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35158}, pages = {5}, abstract = {The spread of the global coronavirus pandemic has infected the world with a substantial surge of false information. When there is already a significant amount of confusion, mis- and disinformation can amplify feelings of fear and enhance risks. Joint action is crucial to tackle this unprecedented amount of false information and the EU is well-placed to lead a coordinated response. While important steps have already been taken, more decisive action is necessary. This Policy Brief provides an overview of significant examples of mis- and disinformation in the context of the pandemic and identifies key lessons for the EU's broader fight against false information.}, language = {en} } @techreport{RedekerHainbach, type = {Working Paper}, author = {Redeker, Nils and Hainbach, Natascha}, title = {Flattening the Recession Curve - Comparing Initial Fiscal Responses to the Corona Crisis Across the EU}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35161}, pages = {13}, abstract = {While the ongoing pandemic affects all European economies, we show that it is likely to cause much more economic damage in some member states than in others. Early fiscal crisis responses by EU governments do not reflect these differences. If anything, countries which are likely to be especially vulnerable are currently committing fewer fiscal resources to fighting the economic fallout than others. A joint European policy response to share the fiscal burden of this crisis is, therefore, urgently needed.}, language = {en} } @techreport{Enderlein, type = {Working Paper}, author = {Enderlein, Henrik}, title = {We All Die Alone}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35177}, pages = {4}, abstract = {Europe is struggling in the face of the pandemic. Germany in particular fails to recognise the historic proportions of this undertaking, and has reduced itself to the role of the model student who cannot help but lecture others along the way.}, language = {en} } @techreport{ChopinKoenigMaillard, type = {Working Paper}, author = {Chopin, Thierry and Koenig, Nicole and Maillard, S{\´e}bastien}, title = {Die europ{\"a}ische Solidarit{\"a}t braucht dringend eine politische Dimension}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35187}, pages = {3}, abstract = {Angesichts der Corona-Pandemie sind die 27 Staats- und Regierungschefs aufgerufen, gemeinsam zu handeln. Der Europ{\"a}ische Rat vom 23. April kann es sich nicht leisten, erneut zu scheitern, indem er innere Spaltungen offenbart, die angesichts der Covid-19-Krise wieder aufgeflammt sind. Die Dramatik der Situation hat auch Jacques Delors aus einer l{\"a}ngeren Phase des Schweigens gerissen: „Die Atmosph{\"a}re, die unter den Staats- und Regierungschefs zu herrschen scheint, und der Mangel an europ{\"a}ischer Solidarit{\"a}t versetzen die Europ{\"a}ische Union in Lebensgefahr".}, language = {de} } @techreport{ChopinKoenigMaillard, type = {Working Paper}, author = {Chopin, Thierry and Koenig, Nicole and Maillard, S{\´e}bastien}, title = {The EU Facing The Coronavirus - A Political Urgency To Embody European Solidarity}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35198}, pages = {8}, abstract = {"The climate that seems to prevail among Heads of State or government and the lack of European solidarity are putting the European Union in mortal danger," Jacques Delors warned in an exceptional public speech in the middle of Europe's devastating coronavirus crisis. This lack of solidarity has already left its mark on public opinion, especially in Italy, as divisions unfolded during the March European Council.}, language = {en} } @techreport{KoenigStahl, type = {Working Paper}, author = {Koenig, Nicole and Stahl, Anna}, title = {How the coronavirus pandemic affects the EU's geopolitical agenda}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35201}, pages = {13}, abstract = {The coronavirus pandemic accelerates some of the global trends that fueled the EU's geopolitical ambition while raising the challenges that come with its enactment. This policy paper reviews the implications for the EU while focusing on three key relationships: China, the US and Africa. It argues that the pandemic represents an opportunity for EU global leadership and shows what that could look like.}, language = {en} } @techreport{RedekerBremer, type = {Working Paper}, author = {Redeker, Nils and Bremer, Bj{\"o}rn}, title = {Geduldig am Abgrund}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35213}, pages = {3}, abstract = {Die EU-Mitgliedstaaten z{\"o}gern weiter, eine wirklich europ{\"a}ische Antwort auf die Krise zu geben. Damit verspielen sie die derzeit breite {\"o}ffentliche Zustimmung f{\"u}r europ{\"a}ischer Solidarit{\"a}t.}, language = {de} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {Asylum Reform: What to expect from Germany's EU Council presidency}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35220}, pages = {9}, abstract = {Although the Covid-19 outbreak has reshuffled Germany's agenda for the upcoming EU Council presidency, a three-point plan by the German government provided new impetus to the discussion about reforming the Common European Asylum System (CEAS). This Policy Brief analyses how Germany's three-point plan, centred on the idea of a border procedure, compares to previous reform proposals and which elements of the plan can move the reform process forward. It concludes by identifying three areas in which the upcoming German Council presidency can adopt a pragmatic approach to forge a compromise in the Council.}, language = {en} } @techreport{Mack, type = {Working Paper}, author = {Mack, Sebastian}, title = {EU banks' vulnerabilities - Capital conservation key to withstanding Corona crisis}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35234}, pages = {10}, abstract = {COVID-19 will hit financial institutions with a substantial time lag, but the coming storm will be fierce. The EU banking sector is entering the troubled waters of the Corona crisis with four major vulnerabilities: (1) Market and (2) funding liquidity risks have been mitigated by bold policy measures at EU and national level. (3) Concentration risk in banks' sovereign exposures could be addressed by a European recovery fund. The immense economic fallout will further depress banks' already weak (4) levels of profitability. Losses will erode banks' capital base, putting their viability at severe risk. Monetary, fiscal and prudential emergency measures are keeping the real economy afloat but fail to enhance banks' resilience. To withstand the crisis, EU policymakers should require banks to suspend all discretionary distributions and preserve capital instead.}, language = {en} } @techreport{NguyenChamon, type = {Working Paper}, author = {Nguyen, Hoai-Thu and Chamon, Merijn}, title = {The ultra vires decision of the German Constitutional Court - Time to fight fire with fire?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35242}, pages = {23}, abstract = {The German Constitutional Court's ruling on the ECB's PSPP put Europe in a turmoil. By declaring a ruling of the European Court of Justice ultra vires, and therefore not legally binding on Germany, the Bundesverfassungsgericht openly called into question the primacy of EU law and the authority of the ECJ. In this policy paper we argue that on these grounds there is good reason for the European Commission to bring infringement proceedings against Germany in order to, amongst others, protect the European legal order and emphasize the notion of equality of States in the EU.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {Fundamental Rights in European Union Policy-making: The Effects and Advantages of Institutional Diversity}, series = {Human Rights Law Review}, volume = {20}, journal = {Human Rights Law Review}, number = {1}, doi = {10.1093/hrlr/ngaa002}, pages = {50 -- 73}, abstract = {This article investigates how the European Union's political process affects the level of rights protection afforded by European Union (EU) law. It does so in two steps, firstly by analysing how institutional politics plays an important role in the evolution of the EU fundamental rights framework and secondly by demonstrating empirically how legislative interaction affects the level of protection provided by three important EU legislative acts. As the article will demonstrate, this interaction tends to result in the overall level of rights protection being increased. Analysing this finding, the article uses institutionalist theory to argue that the EU's political process carries certain positive effects: the diversity of the legislative process (both within and between institutions) makes the explicit overlooking of rights-based concerns difficult. These findings carry implications for the increasing tendency to channel EU law and policy outside of the 'ordinary' legislative process.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {Coping with Exit, Evasion, and Subversion in EU Law}, series = {German Law Journal}, journal = {German Law Journal}, number = {Special Issue 1}, edition = {21}, doi = {10.1017/glj.2019.95}, pages = {51 -- 56}, language = {en} } @incollection{EnderleinPisaniFerryZettelmeyeretal., author = {Enderlein, Henrik and Pisani-Ferry, Jean and Zettelmeyer, Jeromin and et al.,}, title = {Euro area architecture: What reforms are still needed, and why}, series = {Risk Sharing Plus Market Discipline: A New Paradigm for Euro Area Reform? A Debate}, booktitle = {Risk Sharing Plus Market Discipline: A New Paradigm for Euro Area Reform? A Debate}, publisher = {CEPR Policy Portal}, isbn = {978-1-912179-21-3}, publisher = {Hertie School}, pages = {236 -- 242}, abstract = {The publication in 2017 of joint proposals for reforming the euro area by a group of seven French and seven German economists triggered a considerable debate on Vox. This volume offers a selection of the contributions to this debate together with a summary of the original proposal.}, language = {en} } @incollection{EnderleinHerrhausen, author = {Enderlein, Henrik and Herrhausen, Anna}, title = {Jenseits des Nationalstaats: Die EU als Garant f{\"u}r Souver{\"a}nit{\"a}t}, series = {Weiter. Denken. Ordnen. Gestalten - Mutige Gedanken zu den Fragen unserer Zeit}, booktitle = {Weiter. Denken. Ordnen. Gestalten - Mutige Gedanken zu den Fragen unserer Zeit}, publisher = {Siedler}, address = {M{\"u}nchen}, isbn = {978-3-8275-0129-5}, publisher = {Hertie School}, pages = {182 -- 189}, abstract = {Alfred Herrhausen, von 1985 bis 1989 Vorstandssprecher der Deutschen Bank, war ebenso F{\"u}hrungspers{\"o}nlichkeit wie Vision{\"a}r und f{\"u}hrte das Unternehmen ins globale Zeitalter. Schon damals befasste er sich intensiv mit Fragen, die uns noch heute besch{\"a}ftigen: Wie k{\"o}nnen wir ein geeintes Europa gestalten? Was sind die Chancen und Risiken der Globalisierung? Wie gehen wir mit der globalen Schuldenfrage um? Und worin liegt die gesellschaftliche Verantwortung der Banken? Ein Buch mit dem Titel „Denken, Ordnen, Gestalten", das posthum 1990 erschien, spiegelte seine Gedankenwelt und seine {\"U}berzeugungen. Heute, 30 Jahre nach seinem Tod, stellen wichtige Pers{\"o}nlichkeiten aus Wirtschaft, Wissenschaft und Politik die Fragen von damals noch einmal neu und geben Antworten aus gegenw{\"a}rtiger Sicht. Sie zeigen, wie verbl{\"u}ffend aktuell die Herausforderungen sind, die Alfred Herrhausens Denken und seinem Handeln zugrunde lagen.}, language = {de} } @techreport{GuttenbergHemker, type = {Working Paper}, author = {Guttenberg, Lucas and Hemker, Johannes}, title = {Corona: A European Safety Net for the Fiscal Response}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35107}, pages = {4}, abstract = {In order to avoid permanent scars from the economic impact of the Coronavirus in Europe, a determined fiscal response will be necessary. We argue that there should be a clear division of labor between Europe and national governments: the latter will have to provide stimulus with targeted measures, while Europe needs to build a safety net so that member states will not lose access to bond markets due to speculative attacks. This safety net should have three components: A commitment by member states to use ESM instruments without conditionality; a commitment by the ECB to use all of its tools; and a number of flanking measures to underscore member states' commitments.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {The EU must deprive Erdoğan of his basis for blackmail}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35116}, pages = {4}, abstract = {The misery at the Greek-Turkish border can be put to an end: The EU's emergency mechanism allows for the rapid redistribution of refugees. Here is what should happen next.}, language = {en} } @techreport{Rasche, type = {Working Paper}, author = {Rasche, Lucas}, title = {In Greece, the Corona crisis threatens to become a disaster}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35122}, pages = {3}, abstract = {If the coronavirus spreads to the Greek refugee camps, a humanitarian catastrophe is imminent. Instead of relying on national border controls, other EU states should relocate the migrants who are currently stuck in Greece.}, language = {en} } @book{Freudlsperger, author = {Freudlsperger, Christian}, title = {Trade Policy in Multilevel Government}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {9780198856122}, publisher = {Hertie School}, pages = {288}, abstract = {Trade Policy in Multilevel Government investigates how multilevel polities organize openness in a globalizing political and economic environment. In recent years, the multilevel politics of trade caught a broader public's attention, not least due to the Wallonian regional parliament's initial rejection of the EU-Canada trade deal in 2016. In all multilevel polities, competencies held by states and regions have increasingly become the subject of international rule-setting. This is particularly so in the field of trade which has progressively targeted so-called 'behind the border' regulatory barriers. In their reaction to this 'deep trade' agenda, constituent units in different multilevel polities have shown widely varying degrees of openness to liberalizing their markets. Why is that? This book argues that domestic institutions and procedures of intergovernmental relations are the decisive factor. Countering a widely-held belief among practitioners and analysts of trade policy that involving subcentral actors complicates trade negotiations, it demonstrates that the more voice a multilevel polity affords its constituent units in trade policy-making, the less the latter have an incentive to eventually exit from emerging trade deals. While in shared rule systems constituent unit governments are directly represented along the entirety of the policy cycle, in self-rule systems territorial representation is achieved merely indirectly. Shared rule systems are hence more effective than self-rule systems in organizing openness to trade. The book tests its theory's explanatory power on the understudied case of international procurement liberalization in extensive studies of three systems of multilevel government: Canada, the European Union, and the United States.}, language = {en} } @incollection{DawsondeWitteMuir, author = {Dawson, Mark and de Witte, Bruno and Muir, Elise}, title = {Introduction: locating judicial politics}, series = {Revisiting Judicial Politics in the European Union}, booktitle = {Revisiting Judicial Politics in the European Union}, editor = {Dawson, Mark and de Witte, Bruno and Muir, Elise}, publisher = {Edward Elgar Publishing}, isbn = {9781035313501}, doi = {10.4337/9781035313518.00006}, publisher = {Hertie School}, pages = {1 -- 16}, abstract = {The Court inhabits a 'political space' to which it is called upon to respond. This points to its need to develop cooperative relationships not only with courts but also with political actors (such as national governments and the EU legislature) and even to directly address and explain decisions to EU citizens themselves. This book is aimed at answering the question of 'How does the CJEU position itself as a political as well as a legal actor?' with a view to better understanding the work of the Court and addressing its contestation. For that purpose, we explore in this introductory chapter what is meant by judicial 'activism' and judicial 'politics', before examining the different varieties of judicial politics our authors have shown an interest in. This will pave the way to drawing some lessons on the factors to take into account when seeking to address and respond to contestation of the work of the Court.}, language = {en} } @article{JergO'ReillySchulzeBuschoff, author = {Jerg, Lukas and O'Reilly, Jacqueline and Schulze Buschoff, Karin}, title = {Adapting social protection to the needs of multiple jobholders in Denmark, the United Kingdom and Germany}, series = {Transfer: European Review of Labour and Research}, volume = {27}, journal = {Transfer: European Review of Labour and Research}, number = {2}, issn = {1996-7284}, doi = {10.1177/1024258921991039}, pages = {237 -- 253}, abstract = {Working in two or more jobs at the same time creates special needs in terms of social security that differ from those of standard dependent employees or the self-employed. To investigate how well social security systems adapt to multiple jobholders we examine three case studies of countries with different levels and trends in multiple jobholding: Denmark, the United Kingdom and Germany. We review recent trends and policies to address social protection gaps for multiple jobholders in these countries prior to and during the COVID-19 pandemic, and the extent to which the emergence of the 'platform economy' can exacerbate multiple jobholding. We conclude that attempts to resolve the gaps in social security protection reflect distinctive characteristics of each employment system.}, language = {en} } @misc{OPUS4-5391, title = {Revisiting Judicial Politics in the European Union}, editor = {Mark, Dawson and de Witte, Bruno and Muir, Elise}, publisher = {Edward Elgar Publishing Limited}, isbn = {9781035313501}, doi = {10.4337/9781035313518}, pages = {388}, abstract = {Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.}, language = {en} } @techreport{Knudsen, type = {Working Paper}, author = {Knudsen, Edward L.}, title = {The weaponisation of the US financial system: How can Europe respond?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-35581}, pages = {21}, abstract = {US secondary sanctions present a unique challenge for Europe. These measures limit where European firms can operate, hinder the EU's ability to maintain its foreign commitments, and limit Europe's ambitions of achieving strategic sovereignty. The US's re-imposition of secondary sanctions on Iran in May 2018 has highlighted this issue. With geopolitical tensions rising, it is possible that the US could impose secondary sanctions on larger EU trading partners. In light of this possibility, this paper explores why secondary sanctions are so effective and offers concrete proposals to counter them.}, language = {en} } @article{Knudsen, author = {Knudsen, Edward L.}, title = {Stable or stagnant? Political economy and governance in the United Kingdom, France, Italy and Germany since 2000}, series = {Global Policy}, volume = {14}, journal = {Global Policy}, number = {S4}, publisher = {Wiley}, issn = {1758-5880}, doi = {10.1111/1758-5899.13271}, pages = {90 -- 103}, abstract = {At the beginning of the twenty-first century, the large democracies of Western Europe experienced some of the most prosperous and peaceful decades in human history. Specifically, the United Kingdom, France, Italy and Germany experienced high and stable quality of life, democratic accountability and state capacity between 2000 and 2019, according to the 2022 Berggruen Governance Index. While all four of these countries are among the top performers in the Index, substantial problems lurk beneath the surface. Notably, each failed to capitalise on the low interest rate environment in the decade following the global financial crisis of 2007-2009—albeit in different ways and for different reasons in each country. In particular, low investment in infrastructure and key technologies, the persistence of stubborn regional inequalities, and resulting sluggish GDP growth have prevented the 'Big Four' in Western Europe from improving further and future-proofing their existing gains.}, language = {en} } @techreport{Knudsen, type = {Working Paper}, author = {Knudsen, Edward L.}, title = {No going back? A transatlantic cooperation agenda under Biden}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-36871}, pages = {5}, abstract = {If Joe Biden is elected US President in November, will he restore the preTrump era of transatlantic relations? While some Europeans may wish for that, it is neither feasible nor desirable, as Edward Knudsen argues in this policy brief. A changing geopolitical landscape and declining economic conditions mean that new solutions are needed. Instead of focussing on traditional forms of cooperation like liberalising trade and bolstering defence, the US and EU should work together to tackle inequality and corruption, address the climate emergency, and defuse geopolitical tensions.}, language = {en} } @techreport{Knudsen, type = {Working Paper}, author = {Knudsen, Edward L.}, title = {A kinder, gentler "America First?" Taking stock of transatlantic relations under Biden}, doi = {10.48462/opus4-3932}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-39323}, pages = {4}, abstract = {Over 100 days into the Biden administration, how have transatlantic relations shifted? This policy brief builds upon analysis from an October 2020 piece titled "No going back? A transatlantic cooperation agenda under Biden" and examines lessons for European policymakers from the first few months of Joe Biden's presidency. It argues that while Biden has retained many core parts of Donald Trump's "America First" agenda, there are still several promising avenues for transatlantic cooperation over the coming years. These include accelerated climate action, coordinated economic stimulus, and ensuring global vaccine access. Reaching these goals will require joint action to defuse geopolitical tensions and ensure greater economic justice at home and abroad.}, language = {en} } @article{Knudsen, author = {Knudsen, Edward L.}, title = {A falling star? Origins of declining state capacity and democratic accountability in the United States}, series = {Global Policy}, volume = {14}, journal = {Global Policy}, number = {S4}, publisher = {Wiley}, issn = {1758-5880}, doi = {10.1111/1758-5899.13282}, pages = {47 -- 57}, abstract = {AbstractThe United States—often hailed as the 'oldest democracy in the world' and the 'leader of the free world'—has fallen on hard times. In addition to recent headline-grabbing political events that have highlighted its political dysfunction, data from the 2022 Berggruen Governance Index (BGI) reveal that overall state capacity and democratic accountability have been declining for years. Although public goods provision has remained on a steady course, the US still trails much of the developed world. We find this struggling performance is largely the result of neglecting three types of infrastructure: civic, physical and social. Specifically, we argue that the crisis became particularly pronounced due to an insufficient response to the 2008 global financial crisis. Although some recent political achievements could slow the decline, more drastic action will be required to reverse these troubling trends.}, language = {en} } @article{Knudsen, author = {Knudsen, Edward L.}, title = {Escape from the 'lost decades?' Governance challenges in Argentina, Brazil, Colombia, Mexico, and Venezuela}, series = {Global Policy}, volume = {14}, journal = {Global Policy}, number = {S4}, publisher = {Wiley}, issn = {1758-5880}, doi = {10.1111/1758-5899.13279}, pages = {113 -- 123}, abstract = {Much of Latin America has experienced a renewed 'lost decade', failing to substantially expand quality of life since the late 2000s. While the outcomes of governance performance across the largest countries - including Brazil, Venezuela, Mexico, Colombia, and Argentina - have discrete causes, common themes like internal conflict, corruption, and overreliance on natural resources plague the entire region. Put more generally, the inability to turn democratic accountability into a state mechanism able to deliver economic growth and public goods in a sustainable manner is a liability affecting all five countries. To explore the difficulties that the large Latin American countries have faced in the twenty-first century, this article examines results from the 2022 Berggruen Governance Index, and then presents three key issues facing the region: insufficient state capacity, flirtations with authoritarianism, and economic inequality and inflation. While the challenges remain substantial, increased regional integration may offer one way out of the predicament.}, language = {en} } @techreport{Jaeger, type = {Working Paper}, author = {J{\"a}ger, Philipp}, title = {Almost a free lunch: Boosting investment predictability for the Green Deal}, pages = {7}, abstract = {Implementing the EU Green Deal requires annual investments of about €620 billion, most of which will have to be shouldered by the private sector. However, businesses and households are not investing enough as of now. An important lever for greater green investment is reducing uncertainty around such investment. At the start of the next institutional cycle, the EU should hence improve regulatory certainty for green investments, which should be palatable to most parties likely to form a majority in the Parliament. In addition, the EU should adopt concrete tools that reduce cost uncertainty for companies and households in a pragmatic manner. To this end, this policy position recommends using green lead markets and proposes moves to explore two novel mechanisms that cost taxpayers little to nothing but should boost green investments.}, language = {en} } @techreport{FreudlspergerKnudsenRedeker, type = {Working Paper}, author = {Freudlsperger, Christian and Knudsen, Edward L. and Redeker, Nils}, title = {Transatlantic Trade post-Trump - Priorities for a Pragmatic Reset}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-37127}, pages = {14}, abstract = {After four turbulent years in trade relations, Europe has high expectations of the Biden administration. However, the room for big trade reforms is small and new grand-scale liberalization is neither economically necessary nor politically realistic. Accordingly, we propose a pragmatic agenda that focuses on ending ongoing trade conflicts and making progress on some WTO reforms as well as trade-adjacent issues such as climate change and supply-chain security.}, language = {en} } @techreport{LamyKnudsenBerardetal., type = {Working Paper}, author = {Lamy, Pascal and Knudsen, Edward L. and B{\´e}rard, Marie-H{\´e}l{\`e}ne and Fabry, Elvire and Fatah, Farid and Pons, Genevi{\`e}ve and Schweitzter, Louis and Vimont, Pierre}, title = {American Extraterritorial sanctions. Did someone say European strategic autonomy?}, doi = {10.48462/opus4-3804}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-38042}, pages = {10}, abstract = {Two years after an initial publication1 on the recommended position that the European Union should take action against US extraterritorial sanctions affecting it, this updated and expanded version draws the consequences of major developments since}, language = {en} } @techreport{JansenNguyen, type = {Working Paper}, author = {Jansen, Jannik and Nguyen, Thu}, title = {Between Continuity and a Perforated 'Cordon Sanitaire' - On the 2024 European Elections}, pages = {6}, abstract = {Between 6-9 July 2024, the 720 members of the European Parliament were elected across 27 Member States. While the elections have not led to a landslide shift to the right, there is a notable consolidation of far-right parties at the European level. Still, the pro-European centre is holding firm and maintains a majority. In this Policy Brief, Jannik Jansen and Thu Nguyen argue that the results likely indicate by-and-large continuity in the European Parliament, including an ongoing shift to the right on contested issues due to a perforated 'cordon sanitaire'. But the election results had heavily disruptive consequences on the national level, which in France has triggered snap parliamentary elections. This will have pronounced impact on the balance of power in the (European) Council and on the EU as a whole.}, language = {en} } @article{AnheierBeggKnudsen, author = {Anheier, Helmut K. and Begg, Iain and Knudsen, Edward L.}, title = {Can Circles be Squared? Quandaries and Contestation Shaping the Future of Europe}, series = {Ralf Dahrendorf and the European Union 2030: Looking Back, Looking Forward}, journal = {Ralf Dahrendorf and the European Union 2030: Looking Back, Looking Forward}, editor = {Anheier, Helmut K. and Begg, Iain}, pages = {105 -- 114}, language = {en} } @techreport{Quaritsch, type = {Working Paper}, author = {Quaritsch, Luise}, title = {Political Advertising in the 2024 European elections - Between Europeanisation and the protection of electoral integrity online}, pages = {8}, abstract = {Election campaigns are increasingly conducted online. Social media platforms in particular shape political discourse and facilitate new ways of delivering political messages. This was initially considered a boon for democracy, but opaque manipulation tactics quickly turned it into a threat to fair and transparent elections. National regulatory frameworks have often proved to be inadequate for online campaigns and the transnational nature of European elections. The EU has reacted to this with a regulation on political advertising. The initiative facilitates transnational campaigning online and aims to protect the integrity of European elections. The 2024 European elections will be the first time EU rules operate in this area, putting these to the test. This election cycle will indicate whether political actors are striking out for more cross-border campaigns and whether they suffice to protect European elections. Critical here is how online platforms implement the new rules and how transparent they are about campaign-related posts on their sites.}, language = {en} } @techreport{Shahini, type = {Working Paper}, author = {Shahini, Besa}, title = {Towards Enlargement - How to Rebuild Trust in the EU Accession Process}, pages = {8}, abstract = {EU enlargement has historically fostered economic growth and political stability. In the Western Balkans, however, the process has stalled for many years due to the myriad crises afflicting the EU and failure to deliver reforms in the Western Balkans. This policy brief examines the evolution of the EU accession process, the challenges faced by candidate countries, and the need for a revitalized approach that builds reforms into the accession process rather than keep them a precondition for kickstarting it. It calls for the EU to remove bilateral disputes from the process and open accession talks with all candidate countries in all areas covered by the acquis, ensuring that all candidate countries have a fair chance based on their merits.}, language = {en} } @techreport{Leichthammer, type = {Working Paper}, author = {Leichthammer, Arthur}, title = {Mining for Tomorrow: The strategic importance of critical raw materials for Europe's industry}, pages = {6}, abstract = {Arthur Leichthammer, Geoeconomics Policy Fellow at the Jacques Delors Centre, argues that the EU needs a strategic rethink to safeguard its critical raw materials supplies as global competition intensifies.}, language = {en} } @techreport{Baranowska, type = {Working Paper}, author = {Baranowska, Grażyna}, title = {Missing migrants: Lessons from the EU's response to Ukrainian refugees}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45289}, pages = {8}, abstract = {With several reports highlighting cases in which migrants fleeing the war on Ukraine had disappeared en route to a safe haven in the EU, this Policy Brief by Dr. Grazyna Baranowska analyses how the EU and its member states address the issue of missing migrants. Ahead of the first International Migration Review Forum, it specifically shows how the Commission's 10-Point-Plan to manage the arrival of more than 6 million Ukrainian refugees can provide a suitable model for further European initiatives to address the challenges related to missing migrants and implement the Global Compact on Safe, Orderly and Regular Migration to that end.}, language = {en} } @article{vandenBrink, author = {van den Brink, Martijn}, title = {Off Track, Again? EU Citizenship and the Right to Social Assistance}, series = {Hungarian Yearbook of International Law and European Law}, volume = {11}, journal = {Hungarian Yearbook of International Law and European Law}, editor = {Szab{\´o}, Marcel and Gyeney, Laura and L{\´a}ncos, Petra Lea}, isbn = {978-90-4730-177-6}, issn = {2666-2701}, doi = {10.5553/HYIEL/266627012023011001003}, pages = {18 -- 36}, abstract = {The right of EU citizens to equal treatment with nationals of the host Member State in respect of social assistance has been subject to significant changes on several occasions between the Treaty of Maastricht and now. The CJEU has struggled to establish consistent standards prescribing when economically inactive citizens can claim social protection, and in 2014 its tendency to construe this right broadly suddenly came to an end. It backtracked on one-and-a-half decades of case law by ruling that citizens could lay no claim to social assistance unless the respective conditions set out in secondary legislation were met. This article discusses the relevant law and its evolution over the past decades for a twofold aim. (i) First, to clarify in an accessible manner in what respects the law has changed from 1993 to the present. (ii) Second, to articulate a framework that allows us to evaluate the CJEU judgments rendered during this period. This framework departs from established ways of thinking about this evaluative question. Much of the EU citizenship literature evaluates the case law by the outcome it brings about. I will argue, instead, that this evaluation is a matter of comparative institutional choice. Such a comparative institutional assessment shows that disputes over the right of EU citizens to claim social assistance should be decided in line with what the EU legislature intended. It follows that the application of a principle of judicial deference to legislation in the second period of social assistance case law from 2014 onwards was justified.}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {How Can EU Law Respond to Populism?}, series = {Oxford Journal of Legal Studies}, volume = {40}, journal = {Oxford Journal of Legal Studies}, number = {1}, doi = {10.1093/ojls/gqaa002}, pages = {183 -- 213}, abstract = {The rise in Europe of populist movements has created severe anxiety about the stability of the EU legal order. This article argues that, while populist ideas challenge numerous elements of the EU's constitutional settlement, there exists no fundamental incompatibility between populism and EU law. By comparing its response to populism with attempts by EU law to stabilise its legal order in the face of political contestation arising from other political cleavages, the article discusses three different ways to understand the interaction between EU law and populism. EU law may seek to 'survive' the growth of populism by (i) bracketing or insulating its institutions from populist contestation, (ii) accommodating populist ideas or (iii) confronting the constitutional strategies populists utilise domestically. In examining the constitutional foundations of populism and its relation to emerging doctrines of EU law, the article seeks to build a road map of how populist movements might utilise or resist EU law in their development.}, language = {en} }