@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{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} } @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{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} } @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} } @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{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} } @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} } @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} } @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} } @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} } @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{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{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} } @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} } @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{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{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} } @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} } @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{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} } @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{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{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} } @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} } @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} } @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} } @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} } @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{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} } @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{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} } @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} } @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} } @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} } @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} } @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{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} } @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{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} } @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 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} } @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} }