TY - CHAP A1 - Joerges, Christian A1 - Bohnenberger, Fabian ED - Hirsch, Moshe ED - Lang, Andrew T1 - A Conflicts-law Response to the Precarious Legitimacy of Transnational Trade Governance T2 - Research Handbook on The Sociology of International Law N2 - This paper discusses the fundamental tensions between economic globalisation and democratic politics in the field of international trade. New bilateral and regional trade agreements increasingly incorporate other “trade-related” policy areas and threaten to constrain state action and democratic politics. The move towards deeper and more comprehensive trade deals has greatly accentuated grievances and is of exemplary importance in the realms of transnational governance. This article examines the decoupling of these agreements from national and democratic control and the resulting legitimacy impasses of transnational governance based upon the theoretical frameworks of Karl Polanyi and Dani Rodrik. Arguing that politics is not a mistake that gets in the way of markets, we submit our own conceptualisation of transnational legitimacy. In doing so, we suggest a new type of conflicts law which does not seek to overcome socio-economic and political diversity by some substantive transnational regime, but responds to diversity with procedural safeguards, thus ensuring space for co-operative problem-solving and the search for fair compromises. KW - International trade KW - Mega-regional trade agreements KW - Karl Polanyi KW - Dani Rodrik KW - Conflicts law KW - Globalisation KW - Democracy KW - Legitimacy Y1 - 2018 SN - 9781783474486 N1 - Available at SSRN as research paper: https://ssrn.com/abstract=3009914 PB - Edward Elgar CY - Cheltenham ER - TY - CHAP A1 - Joerges, Christian ED - Günther, Klaus ED - Kadelbach, Stefan T1 - Was bleibt vom Projekt der Integration Europas durch Recht? T2 - Kulturen des Rechts: Rechtstransfer und Pluralismus in globaler Perspektive N2 - Im Zentrum des Bandes stehen Austauschprozesse, Vermischungen sowie Konflikte zwischen verschiedenen Rechtskulturen. Dabei geht es um den Transfer von Rechtsordnungen, um lokale autonome Ordnungen in Bezug auf Ordnungen mit generellem Geltungsanspruch, um neue Formen der Hybridisierung in der wechselseitigen Rezeption von Rechtsgrundsätzen oder um die Herausbildung transnationaler Rechtsordnungen und die Frage, ob diese sich als Prozesse der Konstitutionalisierung, der Durchsetzung universaler Rechtsprinzipien oder des Managements von Pluralität deuten lassen. Y1 - 2018 SN - 978-3593399812 PB - Campus CY - Frankfurt am Main [u.a.] ER - TY - THES A1 - Freudlsperger, Christian T1 - More voice, less exit. Sub-federal Resistance to International Procurement Liberalisation in the European Union, the United States and Canada N2 - Via an agenda of “deep trade”, global trade governance has increasingly intruded into domestic regulatory space. This is all the more relevant in federally-organised polities in which competencies now subjected to international rule-setting are constituent units’ prerogatives. In many federations, the field of public procurement is a case in point. At the same time, sub-federal executives’ resistance to international procurement liberalisation has varied vastly across federations. While EU member states’ resistance has remained low, US states’ resistance has persisted and increased in recent years. The Canadian provinces, in turn, have only recently begun to open their procurement markets to foreign suppliers. In an attempt to explain this puzzling variance in sub-federal resistance, this Dissertation argues that federations’ domestic institutional and procedural foundations bear an influence on policy outcomes in trade liberalisation. Relying on the concepts of “exit” and “voice” (Hirschman 1970), it posits that sub-federal executives’ voice is inversely related to their reliance on exit. The more voice sub-federal executives are equipped with, the less they dispose of an incentive to exit from a system-wide policy or international commitment. Voice hinges, firstly, on a federation’s institutional configuration. Council federalism, providing constituent units with a direct representation in federation-wide policy-making, endows sub-federal executives with more voice than senate federalism which relies on indirect forms of territorial representation. It depends, secondly, on the nature of vertical relations between both orders of government. Constituent units enjoy more voice when their relations with the federal level are collaborative, marked by formalised patterns of joint policy-making, rather than competitive, pursuing a delineation of federal and subfederal spheres of competence. In case studies of the United States, Canada and the European Union, the Dissertation finds that the posited inverse relationship between sub-federal voice and exit holds and that resistance among sub-federal executives has indeed evolved systematically. In the US senate federation, effective means of joint policy-making have not evolved in the noncoercive field of procurement. In the Canadian case, increasing vertical collaboration has compensated provinces for senate federalism’s low voice. In comparison, the EU case proves peculiar for constituent units’ decisive role in its second chamber federalism and the dense regime of trusting vertical collaboration it accommodates. Member states’ low resistance is a manifestation of the EU trade regime’s comparatively effective workings. Eventually, the dissertation’s findings hint at an appropriate institutional and procedural design for international rule-setting in multi-level settings. If federal executives seek to subject sub-federal prerogatives to international constraints, they should allow for constituent units’ continuous, systematic and collaborative inclusion. T3 - Dissertations submitted to the Hertie School - 01/2018 Y1 - 2018 U6 - https://doi.org/10.48462/opus4-2529 N1 - Shelf mark: 2019D003 + 2019D003+1 ER - TY - JOUR A1 - Dawson, Mark T1 - New governance and the displacement of Social Europe: the case of the European Semester JF - European Constitutional Law Review N2 - Has the European Semester led to a displacement of Social Europe, or to the development of social policy through fiscal processes and actors? – Potential for Semester to increase soft law’s binding effects or ‘socialise’ EU policy-making – Positive effects severely limited by the Semester’s overall goals: fiscal stabilisation and the creation of increasingly uniform economic policies – Dilemma for Social Europe: how can an autonomous EU social policy be (re) established without risking marginalisation? Y1 - 2018 U6 - https://doi.org/10.1017/S1574019618000081 SN - 1574-0196 N1 - Published online: 15 March 2018 VL - 14 IS - 1 SP - 191 EP - 209 ER - TY - THES A1 - Kreilinger, Valentin T1 - National parliaments in Europe’s post-crisis economic governance N2 - This dissertation provides a comprehensive account of the role of national parliaments in Europe’s post-crisis economic governance. It examines national parliaments in the European Semester, in relation to the European Stability Mechanism and the Interparliamentary Conference on Stability, Economic Coordination and Governance and challenges the view that the Euro crisis has only reduced the influence of national parliaments. The analysis moves beyond prerogatives and institutional capacities to actual parliamentary involvement. Scrutinising the different stages of the European Semester remains a challenge for many national parliaments that have been marginalised by this multilevel coordination and surveillance process. In case of the third rescue package for Greece, the overall involvement by national parliaments exceeded what legal provisions would have demanded. But both economic governance domains suffer from asymmetries between those national parliaments that are willing and able to become actually involved and those that are not. One possible remedy against these asymmetries would be to involve national parliaments into economic governance collectively. The provision of Article 13 TSCG and the Interparliamentary Conference established on this basis, however, fall short of collective involvement or joint scrutiny and the experience of negotiating the institutional design of the new Conference even suggests that any kind of joint parliamentary body for the Euro area would be very difficult to realise. As a general overhaul of the Economic and Monetary Union seems indispensable to make the common currency weather-proof, a more symmetric involvement of national parliaments is necessary to strengthen the legitimacy that they supply. In the European Semester this could be achieved via minimum standards for parliamentary involvement, but the tangled web of procedures for ESM rescue packages is likely to persist and interparliamentary cooperation can only be developed incrementally. T3 - Dissertations submitted to the Hertie School - 08/2018 Y1 - 2019 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-27309 U6 - https://doi.org/10.48462/opus4-2730 N1 - Shelf mark: 2019D001 + 2019D001+1 ER - TY - JOUR A1 - Koop, Christel A1 - Reh, Christine A1 - Bressanelli, Edoardo T1 - When politics prevails: Parties, elections and loyalty in the European Parliament JF - European Journal of Political Research N2 - In many political systems, legislators serve multiple principals who compete for their loyalty in legislative votes. This article explores the political conditions under which legislators choose between their competing principals in multilevel systems, with a focus on how election proximity shapes legislative behaviour across democratic arenas. Empirically, the effect of electoral cycles on national party delegations’ ‘collective disloyalty’ with their political groups in the European Parliament (EP) is analysed. It is argued that election proximity changes the time horizons, political incentives and risk perceptions of both delegations and their principals, ‘punctuating’ cost‐benefit calculations around defection as well as around controlling, sanctioning and accommodating. Under the shadow of elections, national delegations’ collective disloyalty with their transnational groups should, therefore, increase. Using a new dataset with roll‐call votes cast under legislative codecision by delegations between July 1999 and July 2014, the article shows that the proximity of planned national and European elections drives up disloyalty in the EP, particularly by delegations from member states with party‐centred electoral rules. The results also support a ‘politicisation’ effect: overall, delegations become more loyal over time, but the impact of election proximity as a driver of disloyalty is strongest in the latest parliament analysed (i.e., 2009–2014). Furthermore, disloyalty is more likely in votes on contested and salient legislation, and under conditions of Euroscepticism; by contrast, disloyalty is less likely in votes on codification files, when a delegation holds the rapporteurship and when the national party participates in government. The analysis sheds new light on electoral politics as a determinant of legislative choice under competing principals, and on the conditions under which politics ‘travels’ across democratic arenas in the European Union's multilevel polity. Y1 - 2018 U6 - https://doi.org/10.1111/1475-6765.12252 SN - 1475-6765.12252 VL - 57 IS - 3 SP - 563 EP - 586 ER - TY - CHAP A1 - Naurin, Daniel A1 - Reh, Christine ED - Bächtiger, Andre ED - Dryzek, John S. ED - Mansbridge, Jane ED - Warren, Mark T1 - Deliberative Negotiation T2 - The Oxford Handbook of Deliberative Democracy N2 - Deliberative democracy has been the main game in contemporary political theory for two decades and has grown enormously in size and importance in political science and many other disciplines, and in political practice. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, as well as exploring and creating links with multiple disciplines and policy practice around the globe. It provides a concise history of deliberative ideals in political thought while also discussing their philosophical origins. It locates deliberation in a political system with different spaces, publics, and venues, including parliament and courts but also governance networks, protests, mini-publics, old and new media, and everyday talk. It documents the intersections of deliberative ideals with contemporary political theory, involving epistemology, representation, constitutionalism, justice, and multiculturalism. It explores the intersections of deliberative democracy with major research fields in the social sciences and law, including social and rational choice theory, communications, psychology, sociology, international relations, framing approaches, policy analysis, planning, democratization, and methodology. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution. It documents the practice and study of deliberative democracy around the world, in Asia, Latin America, Africa, Europe, and global governance. And it provides reflections on the field by pioneering thinkers. KW - deliberative democracy, deliberation, democratic innovation, democratization, deliberative systems, political theory Y1 - 2018 SN - 9780198747369 U6 - https://doi.org/10.1093/oxfordhb/9780198747369.001.0001 SP - 728 EP - 741 PB - Oxford UP CY - Oxford ER - TY - JOUR A1 - Dawson, Mark A1 - Bobić, Ana A1 - Maricut-Akbik, Adina T1 - Reconciling Independence and accountability at the European Central Bank: The false promise of Proceduralism JF - European Law Journal N2 - This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade‐off between independence and accountability (said to be ‘two sides of the same coin’) has resulted in a tendency to privilege the former over the latter. Y1 - 2019 U6 - https://doi.org/10.1111/eulj.12305 SN - 1468-0386 VL - 25 IS - 1 SP - 75 EP - 93 ER - TY - JOUR A1 - Dawson, Mark A1 - Augenstein, Daniel A1 - Thielbörger, Pierre T1 - The UNGPs in the European Union: The Open Coordination of Business and Human Rights? JF - Business and Human Rights Journal N2 - The article examines the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union via National Action Plans (NAPs). We argue that some of the shortcomings currently observed in the implementation process could effectively be addressed through the Open Method of Coordination (OMC) – a governance instrument already used by the European Union (EU) in other policy domains. The article sketches out the polycentric global governance approach envisaged by the UNGPs and discusses the institutional and policy background of their implementation in the EU. It provides an assessment of EU member states’ NAPs on business and human rights, as benchmarked against international NAP guidance, before relating experiences with the existing NAP process to the policy background and rationale of the OMC and considering the conditions for employing the OMC in the business and human rights domain. Building on a recent opinion of the EU Fundamental Rights Agency, the article concludes with a concrete proposal for developing an OMC on business and human rights in the EU. Y1 - 2018 U6 - https://doi.org/10.1017/bhj.2017.30 VL - 3 IS - 1 SP - 1 EP - 22 ER - TY - JOUR A1 - Bénassy-Quéré, Agnès A1 - Brunnermeier, Markus A1 - Enderlein, Henrik A1 - Pisani-Ferry, Jean A1 - Farhi, Emmanuel A1 - Fratzscher, Marcel A1 - Fuest, Clemens A1 - Gourinchas, Pierre-Olivier A1 - Martin, Philippe A1 - Rey, Hélène A1 - Schnabel, Isabel A1 - Véron, Nicolas A1 - Weder di Mauro, Béatrice A1 - Zettelmeyer, Jéromin T1 - Reconciling risk sharing with market discipline: A constructive approach to Eurozone reform JF - CEPR Policy Insight No. 91 KW - banking union, capital markets, European governance, eurozone governance, finance & financial regulation, fiscal policy, monetary union, Sovereign debt Y1 - 2018 UR - https://cepr.org/active/publications/policy_insights/viewpi.php?pino=91 ER - TY - JOUR A1 - Genschel, Philipp A1 - Jachtenfuchs, Markus T1 - From Market Integration to Core State Powers. The Eurozone Crisis, the Refugee Crisis and Integration Theory JF - Journal of Common Market Studies N2 - The Eurozone crisis and the refugee crisis are showcases of the problems associated with the EU's shift from market integration to the integration of core state powers. The integration of core state powers responds to similar demand factors as market integration (interdependence, externalities and spillover) but its supply is more tightly constrained by a high propensity for zero‐sum conflict, a functional requirement for centralized fiscal, coercive and administrative capacities, and high political salience. We show how these constraints structured the initial design of Economic and Monetary Union and of Schengen, made them vulnerable to crisis, and shaped policy options during the crises: they made horizontal differentiation unattractive, re‐regulation ineffective, centralized risk and burden‐sharing unfeasible, and the externalization of adjustment burdens to non‐EU actors necessary by default. In conclusion, we explore possible escape routes from the trap. Y1 - 2018 U6 - https://doi.org/10.1111/jcms.12654 VL - 56 IS - 1 SP - 178 EP - 196 ER - TY - JOUR A1 - Dawson, Mark A1 - Bobić, Ana T1 - Quantitative easing at the Court of Justice – Doing whatever it takes to save the euro: Weiss and Others JF - Common Market Law Review Y1 - 2019 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-30368 UR - http://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2019097 SN - 0165-0750 N1 - This is a post-peer-review version of an article published in Common Market Law Review. The final authenticated version is available online at http://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2019097 VL - 56 IS - 4 SP - 1005 EP - 1040 ER - TY - RPRT A1 - Dawson, Mark T1 - Juncker’s Political Commission: Did it Work? T2 - SIEPS - Swedish Institute for European Policy Studies N2 - The ‘political Commission’ may be the defining idea of the Juncker Presidency. But did it work? This paper is devoted to analysing how the notion of a political Commission has framed the organization and policy-making of the Juncker Commission. The idea of the political Commission was to allow the Commission to streamline its agenda and focus on a narrower number of proposals. In the words of the 2018 State of the Union address: to be ‘bigger on the big things and smaller on the small things’. In reality, external constraints, and in particular the divergent preferences and electoral cycles of national governments, have frustrated this promise. The Commission’s confinement to a relatively narrow set of regulatory (rather than distributive) tools limits its ability to be politically responsive to the main challenges the Union currently faces. At the same time, the political Commission undermines some elements of the Commission’s regulatory legitimacy – for example, its promise to be a neutral arbiter in the enforcement of competition, internal market and rule of law norms. While the political Commission continues to be a normatively attractive idea, it has fitted poorly with the institutional and political constraints surrounding the Juncker Presidency. This carries implications for the next Commission and the fate of the Spitzenkandidaten process. Y1 - 2019 UR - http://www.sieps.se/en/publications/2019/junckers-political-commission-did-it-work/ N1 - This paper draws on some ideas discussed in an earlier piece in the Verfassungsblog: ‘Evaluating Juncker’s Political Commission: The Right Idea in the Wrong Hands?’, available at: https:// verfassungsblog.de/evaluating-junckers-political-commission-the-right-idea-in-the-wrong-hands/ ER - TY - CHAP A1 - Dawson, Mark ED - Mendes, Joana T1 - How Can EU Law Contain Economic Discretion? T2 - EU Executive Discretion and the Limits of Law Y1 - 2019 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-29889 SN - 9780198826668 N1 - This is a post-peer-review, pre-copyedit version of an contribution published in: J. Mendes (ed.) EU Executive Discretion and the Limits of Law (Oxford University Press, 2019). SP - 64 EP - 84 PB - Oxford University Press ER - TY - CHAP A1 - Dawson, Mark ED - Kadelbach, Stefan T1 - The Impact of Brexit on British Law and Democracy: Four Effects T2 - Brexit – and What it Means Y1 - 2019 SN - 9783848760121 U6 - https://doi.org/10.5771/9783748901327-47 SP - 47 EP - 56 PB - Nomos ER - TY - THES A1 - König, Franca T1 - EU Police Cooperation (1976 - 2016). State Preferences in the Context of Differentiated Integration N2 - European internal security has become increasingly relevant in recent years. Various incidents across EU Member States have demonstrated the transnationalisation of terrorism and organised crime as well as the need to work together to safeguard security in a progressively borderless Europe. Governments and citizens have consistently called for a growing role of the EU and coordinating at this level. In this light, it appears striking that different cooperation initiatives continue to mushroom inside and outside the EU framework. Their parallel emergence duplicates efforts at best but can also obstruct information exchange and produce security failures. This dissertation sets out to investigate why Member States acknowledge the benefits of integration, yet advance differentiation as well. Concretely, it studies the formation of state preferences in the still largely intergovernmental field of EU police cooperation. It asks which factors shape government positions and how they drive Member States to favour integration. In particular, the influence of cross-country interdependencies, politicisation and policy entrepreneurship might help explain processes of integration and differentiation in this policy area. Their relative importance as drivers of state preferences is studied across the institutional development of EU police cooperation between 1976 and 2016. The analysis is organised around four ‘milestones’ in the integration of this field: 1) the 1976 intergovernmental Trevi Group; 2) the 1995 Europol Convention establishing the European Police Office (Europol); (3) the 2009 Europol Council Decision establishing Europol as official EU agency; and (4) the 2016 Europol Regulation. This dissertation finds that interdependencies in the fight against common threats mattered most as driver of state integration preferences in the early stages of European police cooperation. More recently, supranational policy entrepreneurship has emerged as key influence of pro-integration attitudes among Member States and can be expected to grow in importance. Politicisation, against it, provides windows of opportunity to this end and acts rather as amplifier of integration pressure from interdependencies and policy entrepreneurs. In sum, the asymmetrical effects of all three drivers explains the formation of diverging governmental attitudes towards integration and can thus help account for the persistence of parallel processes of differentiation and integration. T3 - Dissertations submitted to the Hertie School - 07/2019 Y1 - 2019 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-31074 U6 - https://doi.org/10.48462/opus4-3107 N1 - Please contact the Hertie library team (library@hertie-school.org) for access. N1 - Shelf mark: 2019D013 + 2019D013+1 ER - TY - RPRT A1 - Redeker, Nils T1 - Brexit: Bereit für Phase 2? Wie es nach dem Austritt weitergeht N2 - Fast fünf Jahrzehnte nachdem das Vereinigte Königreich der Union beigetreten ist und dreieinhalb Jahre nachdem sich die Briten in einem Referendum mit knapper Mehrheit für den Brexit entschieden haben, beendet Großbritannien am 31. Januar um Mitternacht deutscher Zeit offiziell seine Mitgliedschaft. Die direkten Folgen des Austritts halten sich dennoch zunächst in Grenzen. Noch bis zum Jahresende läuft eine Übergangsfrist, während der sich Großbritannien weiterhin an alle EU-Standards halten muss, Teil des Binnenmarkts und der Zollunion bleibt und Beiträge in den EU-Haushalt zahlt. Erst am Ende dieser Frist wird Großbritannien nicht nur formal und institutionell, sondern auch faktisch aus der EU ausscheiden. Beiden Seiten bleiben damit elf Monate, um ihre künftigen Beziehungen zu regeln und ein umfassendes Freihandelsabkommen zu vereinbaren. Gelingt das nicht, drohen die Einführung von Zöllen, Importquoten und anderen Handelsbeschränkungen. Die wirtschaftlichen Folgen wären mit denen eines No-Deal Brexits durchaus vergleichbar. Das Ringen um den Brexit geht also in die nächste Runde. Drei Fragen werden dabei in den kommenden Monaten entscheidend sein. Erstens, ist ein Abkommen innerhalb der gesetzten Frist überhaupt zu erreichen? Zweitens, wie breit könnte so ein erstes Abkommen werden? Und drittens, wie geschlossen wird die EU in den kommenden Verhandlungen auftreten können? Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-32875 ER - TY - RPRT A1 - Guttenberg, Lucas T1 - We Don’t Need No Institution - What the Eurozone requires is not a treasury but a common fiscal policy N2 - Does the Eurozone need a “treasury”? The answer is no: The Eurozone needs a common fiscal policy to complement the ECB’s monetary policy. But it does not need a new institution to take fiscal policy decisions or to execute such decisions. The EU institutional framework is well-equipped to perform these functions. Hence, the focus of political energy should be on getting the right policies and instruments in place, not on building new shiny institutions. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-32881 ER - TY - RPRT A1 - Koenig, Nicole T1 - Qualified Majority Voting in EU Foreign Policy: Mapping Preferences N2 - The Common Foreign and Security Policy (CFSP) is one of the EU’s last bastions of unanimous decision-making. The idea of introducing qualified majority Voting (QMV) is as old as the policy area itself. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-32897 ER - TY - RPRT A1 - Dittrich, Paul-Jasper T1 - Data sharing: A European challenge? Why the EU should make data sharing a piority N2 - Data sharing refers to transactions in which personal or nonpersonal data from the public or private sector is made available for other organisations (public or private) for use and re-use. Data sharing can occur for free or data can be made available for profit. Data sharing in the EU has a lot of untapped value potential both for individuals and for the economy at large. New rules and institutions that can enable data sharing in a trusted manner and give citizens more control over when and how they share their private data need to be built at the European level. The question is how? The EU should work towards a stronger culture of data sharing and help build the necessary infrastructure with a focus on two areas: Building infrastructure for data sharing and access for companies and extending the right to portability of personal data (Art. 20 GDPR). Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-32902 ER - TY - JOUR A1 - Dawson, Mark A1 - Lynskey, Orla A1 - Muir, Elise T1 - What is the Added Value of the Concept of the “Essence” of EU Fundamental Rights? JF - German Law Journal N2 - This Article introduces our Special Issue by posing a central question: What is the added value of the increasing prominence of the concept of the “essence” of fundamental rights in EU law? It will address this larger question in four steps: First, by examining the function of the concept in EU law and the methods for its derivation; second, by summarizing how its application diverges across EU—and international—law; third, by outlining some enduring difficulties with the essence concept; and finally, by reflecting on its future role in EU law, including its impact on other sites of legal authority—such as domestic fundamental rights, the political institutions of the EU, and international human rights law. As the other articles of this issue demonstrate, while there is not yet a coherent approach to deriving and understanding the essence of rights across the fundamental rights the EU must protects, the essence concept plays an increasingly significant role in demarcating the boundaries between the EU’s legal and political orders and between overlapping sites of legal authority. Recent developments—such as the rule of law “crises”—are likely to further amplify the importance of “essence” to EU law practice and scholarship. Y1 - 2019 U6 - https://doi.org/10.1017/glj.2019.61 VL - 20 IS - Special Issue 6 SP - 763 EP - 778 ER - TY - CHAP A1 - Jachtenfuchs, Markus ED - Krieger, Heike ED - Nolte, Georg ED - Zimmermann, Andreas T1 - Is there a Compliance Trilemma in International Law? Comment on Jeffrey L. Dunoff’ T2 - The International Rule of Law: Rise or Decline? Foundational challenges N2 - 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. Y1 - 2019 U6 - https://doi.org/10.1093/oso/9780198843603.003.0013 SP - 204 EP - 210 PB - Oxford University Press ER - TY - JOUR A1 - Dawson, Mark T1 - The lost Spitzenkandidaten and the future of European democracy JF - Maastricht Journal of European and Comparative Law N2 - 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. Y1 - 2019 U6 - https://doi.org/10.1177/1023263X19884434 VL - 26 IS - 6 SP - 731 EP - 735 ER - TY - JOUR A1 - Haas, Jörg A1 - D'Erman, Valerie A1 - Schulz, Daniel F. A1 - Verdun, Amy T1 - Measuring Economic Reform Recommendations under the European Semester: ‘One Size Fits All’ or Tailoring to Member States? JF - Journal of Contemporary European Research N2 - 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. KW - Economic governance KW - European Semester KW - Policy area KW - Varieties of capitalism Y1 - 2019 U6 - https://doi.org/10.30950/jcer.v15i2.999 SN - 1815-347X IS - 15(2) SP - 194 EP - 211 ER - TY - JOUR A1 - Kreilinger, Valentin T1 - From procedural disagreement to joint scrutiny? The Interparliamentary Conference on Stability, Economic Coordination and Governance JF - Perspectives on Federalism N2 - 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. KW - European Union KW - national parliaments KW - Economic Governance KW - interparliamentary cooperation Y1 - 2018 U6 - https://doi.org/10.2478/pof-2018-0035 SN - 2036-5438 IS - 10(3) SP - 155 EP - 183 ER - TY - JOUR A1 - Kreilinger, Valentin T1 - Scrutinising the European Semester in national parliaments: what are the drivers of parliamentary involvement? JF - Journal of European Integration N2 - 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 Dáil 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. KW - National Parliaments KW - European Semester KW - economic and monetary union KW - democratic legitimacy KW - parliamentary oversight Y1 - 2018 U6 - https://doi.org/10.1080/07036337.2018.1450402 SN - 1477-2280 IS - 40(3) SP - 325 EP - 340 ER - TY - JOUR A1 - Bressanelli, Edoardo A1 - Koop, Christel A1 - Reh, Christine T1 - EU Actors under pressure: politicisation and depoliticisation as strategic responses JF - Journal of European Public Policy N2 - 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. Y1 - 2020 U6 - https://doi.org/10.1080/13501763.2020.1713193 VL - 27 IS - 3 SP - 329 EP - 341 ER - TY - JOUR A1 - Bobzien, Licia T1 - Polarized perceptions, polarized preferences? Understanding the relationship between inequality and preferences for redistribution JF - Journal of European Social Policy N2 - 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. KW - perceptions of inequality KW - preferences for redistribution KW - Europe Y1 - 2019 U6 - https://doi.org/10.1177/0958928719879282 ER - TY - RPRT A1 - Kammourieh Petrov, Sima T1 - Ring-fencing in the Eurozone and the road to the Banking Union N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-33378 ER - TY - RPRT A1 - König, Franca T1 - Big Data, 5G and AI. How Europol could help von der Leyen achieve her goals N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-33387 ER - TY - JOUR A1 - Haas, Jörg T1 - Europe’s problem is not (just) Germany JF - Green European Journal N2 - 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, Jörg 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. Y1 - 2018 UR - https://www.greeneuropeanjournal.eu/europes-problem-is-not-just-germany/ ER - TY - RPRT A1 - Mack, Sebastian T1 - How Does Differentiated Integration Work in the EU Financial Sector? Spotlight on Banking Union N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36847 ER - TY - RPRT A1 - Koenig, Nicole A1 - Redeker, Nils T1 - One year of geopolitical Commission - Time to get real N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36850 ER - TY - JOUR A1 - Rohde-Liebenau, Judith T1 - Raising European Citizens? European Identity in European Schools JF - JCMS: Journal of Common Market Studies N2 - 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. KW - - KW - European identity KW - European Schools KW - in‐group/out‐group KW - causal mechanism Y1 - 2020 U6 - https://doi.org/10.1111/jcms.13050 SP - 1 EP - 19 ET - 2020 ER - TY - JOUR A1 - Haas, Jörg A1 - D'Erman, Valerie A1 - Schulz, Daniel A1 - Verdun, Amy T1 - Economic and fiscal policy coordination after the crisis: is the European Semester promoting more or less state intervention? JF - Journal of European Integration N2 - 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. KW - Country-specific recommendations KW - economic governance KW - economic and monetary union KW - European Semester KW - fiscal policy coordination Y1 - 2020 U6 - https://doi.org/10.1080/07036337.2020.1730356 SN - 1477-2280 VL - 42 IS - 3 SP - 327 EP - 344 ER - TY - RPRT A1 - Mack, Sebastian T1 - Prepare for the worst - How to make Europe’s bank crisis management framework fit for purpose N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36982 ER - TY - RPRT A1 - Nguyen, Thu T1 - Differentiated Integration and Accountability in the European Union – An Analytical Framework N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36999 ER - TY - RPRT A1 - Rasche, Lucas A1 - Walter-Franke, Marie T1 - Clear, fair and fast? Border procedures in the Pact on Asylum and Migration N2 - 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. N2 - Die Ende September von der Kommission vorgestellten Pläne für eine Asylprüfung an den EU-Außengrenzen sollen laut Kommissarin Johansson für „eindeutige, faire und schnellere“ Verfahren sorgen. Während der Vorschlag den Zugang zum europäischen Asylsystem grundsätzlich neu sortiert, scheint ein gleichzeitiges Erreichen aller drei genannten Ziele unrealistisch. Zwar wird das Verfahren an der Grenze beschleunigt und dessen Anwendung vereinfacht, doch dies gefährdet die Einhaltung von Grundrechten und somit die Fairness des Verfahrens. T2 - EU-Grenzverfahren: eindeutig, fair und schnell? Der „New Pact“ im Check Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37009 ER - TY - JOUR A1 - Maricut‐Akbik, Adina T1 - Q&A in legislative oversight: A framework for analysis JF - European Journal of Political Research N2 - 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. KW - - KW - legislative oversight KW - parliamentary questions KW - principal–agent problems KW - European Parliament KW - European Central Bank Y1 - 2020 U6 - https://doi.org/10.1111/1475-6765.12411 SP - n/a EP - n/a ER - TY - JOUR A1 - Migliorati, Marta T1 - The Post‐agencification Stage between Reforms and Crises. A Comparative Assessment of EU agencies' Budgetary Development JF - JCMS: Journal of Common Market Studies KW - - KW - EU agencies KW - agencification KW - budget KW - EU governance Y1 - 2020 U6 - https://doi.org/10.1111/jcms.13044 SP - 1 EP - 20 ER - TY - THES A1 - Berenberg-Gossler, Paul T1 - Financial Integration and Regulation: Essays in Macroeconomics N2 - 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 Gonçalo 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 Gonçalo 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. T3 - Dissertations submitted to the Hertie School - 02/2021 Y1 - 2021 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37189 N1 - Shelf mark: 2021D002 + 2021D002+1 ER - TY - JOUR A1 - Jerg, Lukas A1 - O'Reilly, Jacqueline A1 - Schulze Buschoff, Karin T1 - Adapting social protection to the needs of multiple jobholders in Denmark, the United Kingdom and Germany JF - Transfer: European Review of Labour and Research N2 - 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. KW - Multiple jobholding KW - platform economy KW - social security KW - COVID-19 social policies KW - Denmark Y1 - 2021 U6 - https://doi.org/10.1177/1024258921991039 SN - 1996-7284 VL - 27 IS - 2 SP - 237 EP - 253 ER - TY - RPRT A1 - Kask, Maarja A1 - Feller, Nils T1 - Digital Education in Europe and the EU’s role in upgrading it N2 - 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. Y1 - 2021 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37323 U6 - https://doi.org/10.48462/opus4-3732 ER - TY - RPRT A1 - Freudlsperger, Christian A1 - Knudsen, Edward L. A1 - Redeker, Nils T1 - Transatlantic Trade post-Trump - Priorities for a Pragmatic Reset N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37127 UR - https://www.delorscentre.eu/en/publications/detail/publication/transatlantic-trade-post-trump-priorities-for-a-pragmatic-reset ER - TY - RPRT A1 - Nguyen, Thu T1 - The EU’s new rule of law mechanism-How it works and why the ‘deal’ did not weaken it N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37137 UR - https://www.delorscentre.eu/de/publikationen/detail/publication/der-neue-rechtstaatsmechanismus-der-eu ER - TY - RPRT A1 - Koenig, Nicole T1 - Time to go beyond the meta-debate on EU strategic autonomy in defence N2 - 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? Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37142 UR - https://www.delorscentre.eu/de/publikationen/detail/publication/default-f0d46889ce ER - TY - RPRT A1 - Stahl, Anna A1 - Xu, Yixiang T1 - A New Age of Transatlantic Alliance? U.S. China policy after the presidential election and its implications for the EU N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37156 UR - https://www.delorscentre.eu/de/publikationen/detail/publication/a-new-age-of-transatlantic-alliance ER - TY - THES A1 - Bogoeski, Vladimir T1 - The Aftermath of the Laval Quartet: Emancipating labour (law) from the rationality of the internal market in the field of posting N2 - 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. T3 - Dissertations submitted to the Hertie School - 01/2021 Y1 - 2021 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-37171 N1 - Copies are available in the Hertie Library. Shelf mark: 2021D001 + 2021D001+1 ER - TY - RPRT A1 - Rasche, Lucas T1 - The EU‘s migration and asylum policy - Still under construction N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36862 ER - TY - RPRT A1 - Knudsen, Edward L. T1 - No going back? A transatlantic cooperation agenda under Biden N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36871 ER - TY - RPRT A1 - Guttenberg, Lucas A1 - Mack, Sebastian T1 - Building EU green bonds that deserve their name N2 - 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. Y1 - 2020 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-36885 ER -