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Although local governments are essential providers of public services and infrastructure across Europe, they ultimately depend on funding from higher levels of government. The clear relevance of local government finances necessitates effective regulation in order to ensure financial sustainability, but as of yet there has been hardly any comparative research regarding this particular topic. The 18 chapters contained in this volume bring together the work of 40 experts in the disciplines of political science, economics, and public administration research to approach the subject of local financial regulation in various scales and contexts across Europe. In this introductory chapter, we first outline key concepts such as fiscal decentralisation and regulation and briefly describe associated underlying theories and research. Secondly, we present comparative fiscal data to demonstrate the variance and trends of fiscal decentralisation across Europe. It also introduces the concept and components of regulatory regimes and develops the argument, that the effectiveness and outcome of fiscal regulation depends not only on the quality of individual components but also on the interactions of those components. We finally present the three guiding questions of this volume and provide a short overview of the chapters to follow.
From explanation to outcome: The use of institutional theory in corporate responsibility research
(2021)
Country Size and Educational Change: Comparing Reforms of Skill Formation in Germany and Switzerland
(2021)
This conference paper argues that country size can play a crucial role in shaping the type of gradual change observed in collective skill formation systems. Collectively governed dual-apprenticeship training has its base in the industrial and crafts sectors of the economy and builds on the decentralized cooperation of multiple public and private stakeholders. As a result, it tends to be strongly path dependent, which favours gradual over radical forms of change. However, in recent years, dual-apprenticeship training has been increasingly challenged by the rise of the knowledge and service economy and the growing popularity of academic forms of education. In this context, I compare policy responses in Switzerland and Germany, which represent one small and one large collective skill formation system respectively. The historical-institutionalist analysis finds that the dominant trajectory of change is conversion in Switzerland but layering in Germany, with different implications for the future viability of collective skill formation.
Bevölkerung
(2020)
Field Experiments
(2015)
Field experiments are experiments in settings with high degrees of naturalism. This article describes different types of field experiments, including randomized field trials, randomized rollout designs, encouragement designs, downstream field experiments, hybrid lab-field experiments, and covert population experiments, and discusses their intellectual background and benefits. It also lists methodological challenges researchers can encounter when conducting field experiments, including failure to treat, selective attrition, spillover, difficulty of replication, and black box causality, and discusses available solutions. Finally, it provides an overview over current and emerging directions in field experimentation and concludes with a brief history of field experiments.
This chapter focuses on diversity ideologies from a different part of the world, and it realizes that much of the extant diversity management knowledge emanates from United States and more recently Western Europe. Indeed, South Africa provides a particularly relevant context for exploring diversity ideology because most scholars conclude it is a deeply segmented society owing to its racial and cultural heterogeneity, complexity and history. South Africa is burdened with the legacy of centuries of racial discrimination and repression of ethnic groups originating in its colonization by two European powers, the British and Dutch. The situation in South Africa is also complicated by the constitution's recognition of traditional laws of different cultural/ethnic and religious groups. The goal of employment equity act is to achieve employment equity by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementing affirmative action to redress the disadvantages in employment experienced by designated groups.
Sports Law
(2002)
The chapter examines article 31 of the Convention relating to the Status of Refugees (Refugee Convention), the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. The chapter draws on the previous work by the authors for UNHCR, including a review of national caselaw and practice on article 31 from over forty States. It reflects on the crucial role of the provision in safeguarding the right to seek asylum and argues that non-penalization constitutes one of the objects and purposes of the Refugee Convention. As a result, the chapter considers the distinct obligation on States to refrain from any acts frustrating the treaty’s object and purpose. Beyond article 31 of the Refugee Convention, the chapter explores international human rights law as a potentially wider source of protection. It examines whether the criminalization of irregular migration itself may be regarded as a human rights violation, thereby opening up a new avenue for legal research and advocacy. Finally, the chapter argues that aside from treaty obligations under international refugee and human rights law there is an emerging general principle of law relating to non-penalization of refugees and some other migrants.
The Courts
(2001)
Politik und Verwaltung treffen Entscheidungen von enormer Komplexität. Diese betreffen unterschiedlichste Akteure, berühren verschiedenste Fachgebiete, sind in ihren Konsequenzen niemals zweifelsfrei vorhersehbar, stets kontingent und erfordern ein hohes Maß an Wissen. Dieses Wissen wird nicht nur aktiv eingeholt, sondern verschiedene Akteure versuchen es strategisch im politischen Prozess zu platzieren. Sie betrachten dieses aktive Vorgehen als Voraussetzung dafür, dass ihre Interessen bei politischen Entscheidungen ausreichend berücksichtigt werden. Der vorliegende Artikel nähert sich dieser Form der interessengeleiteten Einbringung von Wissen in den politischen Prozess aus der Perspektive von Politik und Verwaltung. Nach einer Einführung in die Thematik sollen der Nutzen, aber auch die Grenzen aufgezeigt werden, die die Public Affairs für Politik und Verwaltung haben.
The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles
(2007)
ECHR and the European Union
(2004)
Sport & Equality
(2004)
Positive Action
(2003)
Irish and European Law
(2004)
EU Asylum Law & Policy
(2004)
I am writing this 20 years to the day after the Maastricht Treaty entered into force on 1 November 1993. ‘Economic and monetary union’ and ‘political union’ (coordinating foreign policy and ‘justice and home affairs’) were the main events. The Treaty also grandly announced: ‘Citizenship of the Union is hereby established’. The status was for those ‘holding the nationality of a Member State’. The rights attached were largely pre-existing and politically underwhelming. Without great fanfare, the weightiest of political concepts was uploaded into the EU Treaty, apparently an afterthought.
Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, legal developments in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Developments in the European Court of Human Rights have highlighted the increasing potential for using the ECHR to positive effect in Irish law. This second edition of ECHR and Irish Law examines the impact of the ECHR on Irish law and considers the actual and potential contribution of the ECHR Act to domestic law in a range of areas. The work begins with research on the impact of the Act and an examination of the relationship between the ECHR, Irish law and EU law.
On 1 December 2007, the deadline for the implementation of the Directive 2005/85/EC on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status expired. The lectures on which this book is based were originally given during a seminar on the Procedures Directive that took place in Nijmegen, at the Centre for Migration Law, Radboud University, on Wednesday 12 December 2007. In light of the very substantial level of interest, we have decided to publish a book on the results of the seminar so that people who were not able to attend may benefit from the wealth of knowledge and information which was shared. This book offers insight in all the different aspects of the Procedures Directive.
Work Disability and Divorce
(2020)
This chapter uses German register to study the influence of divorce on the uptake of work disability. Information on work disability is included in the register data if sick leave extends beyond 42 days of illness. Thus, our analysis focuses on long-term health issues. We compare divorced men and women over a period of 12 years, starting 7 years before they filed for a divorce and ending 4 years thereafter. As a method, we use matching techniques, which enables us to compare the divorcees with a comparable control group of people who did not divorce. We show that health declined considerably around the time of separation and file opening. Even 4 years after they filed for a divorce, the divorcees’ risk of taking work disability was strongly elevated. However, a portion of the differences in the health status of the divorcees and the control group can be attributed to selection, because the health status of the divorcees had been lower than the health status of the control group 7 years before they filed for a divorce. The chapter concludes with a discussion on the societal consequences of divorce.
Despite the growing significance of fiscal rules, there is little research about tools and practices of enforcement at the local level. Addressing this knowledge gap, this chapter makes three contributions: first, we review the literature on regulatory enforcement in the ‘public-to-private’ context and discuss six key insights. Second, we provide an empirical overview of enforcement instruments across 21 European countries and discuss them in light of those key insights. Third, we present findings from an in-depth over-time analysis of enforcement practices in Germany’s largest state, North Rhine-Westphalia. We find that European supervisory bodies have a range of instruments that broadly follow the logic of the ‘enforcement pyramid’ at their disposal, but there is substantial cross-national variation in the instruments used. The case study reveals a ‘back and forth’ enforcement style alternating between strengthening and loosening rules and enforcement measures. We find political logics, regulators’ capacities and economic contexts as key drivers. Finally, we conclude that the idea of enforcement as a rational application of legal norms is unrealistic. In order to increase compliance, regulators should make more of an effort to understand the underlying rationale for compliance and violations; they need to secure political support and a credible strategy for escalating sanctions in case of non-compliance.
In this chapter, we assess the link between scaling, control and organizational achievements. We argue that control is essential to coordinate organizational members towards a common and shared goal and to provide guardrails for scaling. We use the experience of the Aravind Eye Care System, a non-profit organization based in India providing eye care services to poor people to specify the mechanisms employed by Aravind underpinning three popular organizational scaling modes—branching, affiliation and dissemination. Our objective is to show how control and scaling can be combined in order to protect the value base of a social enterprise and at the same time ensure growth.
Citizens may not be deported. That proposition is today axiomatic – the age of banishment is no more. Non-deportability is not just a hallmark of citizenship, but constitutive thereof. Not being deportable means to enjoy security of residence in the polity, to belong legally. Taking that as given, when may the foreign parents of citizens of ‘tender years’ be deported? This question has been subject of much constitutional controversy in Ireland and at supranational level. Under some approaches, to remove the parents of a young citizen-child is acknowledged as ‘de facto deportation’ of the children, as it means that the child’s right of residence is ineffective or at best only to be exercised under conditions that are themselves a denial of rights. Yet, that approach is permitted under many Constitutions. The present contribution examines this issue, illustrating the wax and wane of domestic constitutional, EU and ECHR protections. Its purpose is not an exhaustive survey of the case law, but rather to identify the different approaches within and across the different systems.
Administrative capacities are required to give effect to policy instruments. While seemingly obvious, policy research has, as yet, not systematically linked these two perspectives. The policy instrument perspective emerged in the context of implementation research and the wider debate about changing modes of governance. Administrative capacities and resources always played a role in this research, but cumulative empirical exploration or theory building has remained underdeveloped. A stronger integration of administrative capacity perspectives into research on policy instruments is essential so as to progress our understanding regarding the choice, design, and operation of policy instruments. A stronger policy orientation in research on administrative capacities can help to address limitations of indicator-based studies of capacity, which currently dominate empirical research on administrative capacities. The design and choice of policy instruments has an effect on administrative capacities: Capacity-reinforcing policies can be distinguished from capacity-undermining ones. A challenge for future research is under which conditions will politicians invest in administrative capacities, an investment that will only yield (uncertain) positive outcomes in the medium term.
This chapter discusses how a classic perspective of public policy and public administration, incrementalism, contributes to questions of the politics of time. It argues that the contribution of incrementalism is not limited to emphasizing the advantages of small-scale and stepwise policy or institutional changes compared to comprehensive reform strategies. Beyond this, the chapter shows how contributions from diverse fields, ranging from comparative politics and behavioral insights to urban planning, develop the concept of incrementalism, and how these approaches can enrich debates on policy and institutional change. In particular, the common image of incrementalism as subservient to existing power structures is challenged. Linking the varieties of incrementalism to questions of politics of time helps to develop these insights.
This chapter situates ‘executive styles’ within the wider ‘family of styles’ approaches and discusses some of the challenges for advancing comparative research in this field. To this end, it introduces two key institutional dimensions of executive politics that shape executive styles. Subsequently, it reviews and discusses empirical research on executive styles and elaborates on two analytical dimensions for the comparison of national and sectoral executive styles. In a next step, the chapter moves to comparisons over time and reviews studies that analyse the change of executive styles in individual country cases. While a range of (country) examples are used, the chapter draws in particular on European examples and quite specifically on Germany and the UK. The chapter concludes that exploring the varieties of executive styles requires combining national accounts that engage with the institutional and political complexities of single countries, or families of nations, in detail with focussed comparisons zooming in on specific dimensions.
The norm of non-refoulement is at the heart of the international protection of refugees yet there remains a lack of consensus as to its status. In this contribution, we examine the question whether it has attained the status of a jus cogens norm. Adopting the methodology of ‘custom plus’ we first examine whether non-refoulement has attained the status of custom, concluding that widespread state practice and opinio juris underpin the view that it is clearly a norm of customary international law. Moreover, much of this evidence also leads to the conclusion that it is ripe for recognition as a norm of jus cogens, due to its universal, non-derogatory character. In other words, it is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted. The chapter then examines the consequences for its recognition as jus cogens, exploring some of the many ways in which jus cogens status may have meaningful implications for the norm of non-refoulement.
Die Rolle der Gewerkschaften in der Berufsbildung: Ein Vergleich Deutschlands und der Schweiz
(2021)
In unserem Beitrag untersuchen wir die Rolle der Gewerkschaften in der Berufsbildung. Dabei zeigen wir, dass in Deutschland den Gewerkschaften eine starke (paritätische) Rolle zukommt. Deutlich schwächer ist die Stellung der Gewerkschaften hingegen im schweizerischen System, in welchem Arbeitgeberinteressen Vorrang gegeben wird. Unsere historisch-vergleichende Analyse geht den Gründen für die jeweilige Rolle der Gewerkschaften in Deutschland und der Schweiz nach. Unterschiede im nationalen institutionellen Rahmen sowie in den Machtressourcen der entsprechenden Gewerkschaftsbewegungen sind massgeblich dafür verantwortlich, dass in Deutschland und in der Schweiz nach dem Ersten Weltkrieg unterschiedliche Entwicklungspfade eingeschlagen wurden.
This chapter analyzes the origins and the development of human rights organizations in Turkey since 1945. It first offers an overview of the limited number of elite organizations established between 1946 and 1974 and the initial skepticism toward human rights activism in the country in the 1960s and 1970s among grass-roots political movements. It then discusses the importance of two major events, the military coup in 1980 and the start of the armed conflict between the Turkish security forces and the PKK in 1984, for the development of human rights–based activism in the 1980s. The chapter then turns to the 1990s, characterized by the proliferation of human rights organizations and diversification of focus areas, ranging from LGBT rights to the rights of women to manifest their religion by wearing headscarves. It links these dynamics to the global rise of human rights activism in the 1990s and the subsequent appropriation of the human rights lexicon by a wide range of domestic social movements. The chapter moves forward with a discussion of the further proliferation of human rights organizations well into the 2000s as Turkey’s EU membership process boosted democratization and pluralism. The chapter ends with an assessment of the impact of the Adalet ve Kalkınma Partisi’s authoritarian turn on the transformative power and horizons of human rights organizations in the 2010s.