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82. CERI: Solving Europe's Binary Human Rights Puzzle. The Interaction between Supranational Courts as a Parameter of European Governance
- Author:
- Laurent Scheeck
- Publication Date:
- 10-2005
- Content Type:
- Working Paper
- Institution:
- Centre d'Etudes et de Recherches Internationales
- Abstract:
- As the European Union has become ever more powerful in terms of political output, it has also turned out to be a potential source of human rights violations. While national governments have disagreed on setting up consequential control mechanisms for several decades, the European Court of Justice and the European Court of Human Rights pre-empted intergovernmental choice. The European courts' paths unexpectedly crossed when they were both impelled to work out a way to deal with a twofold human rights conundrum situated at the EU level. Turbulent interaction between Europe's two supranational courts has not only led to a relative improvement of the protection of human rights, but has also deeply transformed the course of European integration. The courts' increasingly nested linkage has given rise to new forms of supranational judicial diplomacy between European judges. As a result of their evolving relationship, which is simultaneously underpinned by competitive and cooperative logics, the traditional opposition between an "economic Europe" and a "human rights Europe" has been overcome and the EU's accession to the European Convention on Human Rights is high on the political agenda. Yet, this process of integration through human rights remains a fragile and incomplete endeavour. Just as in co-operative binary puzzles where two players must solve the game together and where both lose as one of them tries to win over the other, solving Europe's binary human rights puzzle has required of European judges a new way of thinking in which it's not the institutions, but their linkage that matters.
- Topic:
- Government, Human Rights, and Politics
- Political Geography:
- Europe
83. CERI: Les analyses de l'engagement associatif en Russie
- Author:
- François Dauceé
- Publication Date:
- 06-2005
- Content Type:
- Working Paper
- Institution:
- Centre d'Etudes et de Recherches Internationales
- Abstract:
- Collective mobilizations in post-Soviet Russia constitute an enigma for Western political sociology due to their numerical weakness and their incapacity to strengthen democratic practices in the country. This perplexity can be explained by the unsuitability of the research tools used for their study. Academic research on social mobilization has long been based primarily on postulates concerning the modernization of social movements in a economically and politically liberal context. Western and Russian leaders involved in the transition process demonstrated a will to foster the constitution of organizations independent from the State and the creation of a civil society as an opposition force. In the early 90s, the practices of voluntary organizations in Russia became closer to Western ones. Notions such as "associative entrepreneurship", "professionalization" or "frustration" were shared by Russian movements. However, later evolutions showed the unsuitability of these concepts to understanding the full complexity of these movements. That is why this issue of "Research in question" aims to suggest new theoretical perspectives for studying associations in Russia. These are at the crossroads of various grammars, where civic and liberal principles are combined with domestic and patriotic preoccupations. This complexity, which resists a purely liberal vision of social organizations, draws convergent criticisms against their action. In order to investigate this complexity of practices as well as criticisms, the tools produced by a pragmatic and multiculturalist sociology are useful to show the diversity of social and political bonds that link militants in contemporary Russia.
- Topic:
- Diplomacy, Government, and Politics
- Political Geography:
- Russia, Europe, and Asia
84. The U.S. National Security Strategy and the Global War on Terror “Force Multiplier”
- Author:
- Charles W. Parker III
- Publication Date:
- 04-2005
- Content Type:
- Working Paper
- Institution:
- Centro de Investigación y Docencia Económicas
- Abstract:
- In September 2002, President George W. Bush published a new National Security Strategy (NSS) in the aftermath of the September 11, 2001 (9/11) terrorist attacks in the United States homeland. The publication of the new NSS represented a codification of a series of policy ideas that had been brewing since the end of the first Bush Administration and throughout the Clinton Administration, which were sharpened as a result of the newly perceived threats to the United States' security posture. Some prominent academics have argued that the NSS and Bush's actions represent a “neoimperialist” or “unilateralist” approach to the conduct of U.S. foreign relations, and are a radical and fundamental shift in the trajectory of U.S. power projection and assertiveness. They also lament a rift in relations with European allies in part due to this new policy trajectory, to the point of declaring that the Europe and the United States will be future rivals on the world stage.
- Topic:
- Security, Foreign Policy, and Government
- Political Geography:
- United States and Europe
85. ¿Integración por la puerta trasera? La incursión del Tribunal de Justicia de las Comunidades Europeas en materia tributaria
- Author:
- Antonio Cubero and Loreno Ruano
- Publication Date:
- 11-2005
- Content Type:
- Working Paper
- Institution:
- Centro de Investigación y Docencia Económicas
- Abstract:
- To what extent do member states control the process of European integration? This question has traditionally confronted Intergovernmentalists with Neo-functionalists and Institutionalists of various sorts. This paper provides evidence that supports the second school of thought and refines its theoretical claims with a case study: the European Court of Justice's jurisprudence on direct taxation. This is a 'hard case', because in this sector, the member states' resistance to the expansion of Community competence has been particularly virulent. It will be shown how, inspite of this, the Court's jurisprudence has ventured in the field of taxation to the point of undermining the principle upon which rest all national fiscal systems (the distinction between residents and non-residents), putting under severe strain the coherence of national tributary systems. The Court's jurisprudence have also had effects on issues pertaining exclusively to national taxation, through the principle of 'inverted non-discrimination'.
- Topic:
- International Relations, Economics, and Government
- Political Geography:
- Europe
86. Latin American Religious Responses to Socio-cultural changes of Globalization
- Author:
- Alice Hamui Sutton
- Publication Date:
- 12-2005
- Content Type:
- Working Paper
- Institution:
- CONfines de Relaciones Internacionales y Ciencia Política
- Abstract:
- At the beginning of this third millennium, we are witnessing the end of an era marked by the hegemony of European Christianity and the globalization of a deterritorialized and decentered Christianity. Evangelical Pentecostalism and the Catholic Charismatic Renovation Movement are examples of this type of individual salvation spiritualism in Latin America. This article illustrates how these movements base their success on their ritual pragmatism with regard to personal crisis situations and the image of a near and accessible God. Moreover, the success of these movements is because of the adjustment to new conditions of the global market, the adaptation to the new processes of citizenship typical of modern democracies, and the satisfaction of spiritual and affective needs in a context of intense shifts trying to create new identities to reestablish the social framework of society.
- Topic:
- Civil Society, Government, and Religion
- Political Geography:
- Europe, South America, and Latin America
87. A Special Part of Europe: Nation, State and Religion among Orthodox Slavs
- Author:
- Biljana Vankovska and Håkan Wiberg
- Publication Date:
- 06-2005
- Content Type:
- Working Paper
- Institution:
- Danish Institute for International Studies (DIIS)
- Abstract:
- The paper studies how nation, state and religion – in particular: churches – are related among Orthodox South Slavs: Bulgarians, Serbs, Macedonians and Montenegrins. The close relations between (self-conceived) nations and churches go back to the Ottoman Empire, and seem to have been strengthened by the conflicts in Former Yugoslavia since 1990. The close relation between state and nation go back to how the Ottoman empire was dissolved and have also been strengthened by the same conflicts, even though all states proclaim themselves as non- discriminatory in this respect. The close relation between church and state also has long historical roots, but is more ambiguous today, with elements of competition as well as cooperation – and the latter is seen by many as having gone too far under communism. It is notable that where there are attempts to stabilise a separate identity – in Macedonia and Montenegro – establishing separate churches is a part of this on par with defining separate languages, rewriting history, etc. and the churches are seen as important national symbols even among quite secularised groups; and the same is true for the resistance against separation from the Serbian Orthodox Church.
- Topic:
- Development, Government, and Religion
- Political Geography:
- Europe, Eastern Europe, Yugoslavia, Bulgaria, Macedonia, and Montenegro
88. Enhancing Minority Governance in Romania. Report on the Presentation on Cultural Autonomy to the Romanian Government
- Author:
- Christopher Decker
- Publication Date:
- 03-2005
- Content Type:
- Working Paper
- Institution:
- European Centre for Minority Issues
- Abstract:
- ECMI organized the first event of the “Improving Inter-Ethnic Relations through Enhanced Minority Governance” project on 3 February 2005 in Bucharest, Romania. The deputy prime minister, the head of the Department for Inter-ethnic Relations and four members of parliament attended the meeting. ECMI and two experts met with the group in the Government Building to discuss the issues surrounding cultural autonomy and the draft law on the status of national minorities. The purpose of the meeting was to provide the government with information concerning the issue of cultural autonomy for the draft law on the status of national minorities, which is currently being drafted by the Hungarian Democratic Union from Romania (UDMR) and the other 18 national minority parties represented in the Chamber of Deputies. This report seeks to provide an account of the presentations and discussions that took place during this meeting, including the theory and practicalities of cultural autonomy and the model of cultural autonomy used in Estonia.
- Topic:
- Demographics, Government, and Human Rights
- Political Geography:
- Europe, Estonia, and Romania
89. Promoting security sector governance in the EU's neighbourhood
- Author:
- Heiner Hänggi and Fred Tanner
- Publication Date:
- 07-2005
- Content Type:
- Working Paper
- Institution:
- European Union Institute for Security Studies
- Abstract:
- With the European Union's enlargement eastwards and southwards, its neighbourhood now stretches from the Balkans to the south Caucasus, and from Russia to the southern Mediterranean. The EU's eastern and southern neighbourhood is composed of areas which, to a greater or lesser extent, have serious deficits in security, development and democracy. There are many types of security problems, ranging from weak states and rampant international crime to spoilers in post-conflict reconstruction and unpredictable authoritarian leaders who pursue regime security often at the expense of national or regional security. In terms of socio-economic development, most of the countries in the EU's neighbourhood are fragile, often struggling with the effects of black market economies and cronyism, and burdened by bloated defence and security sectors that escape any accountability. As regards political systems, the EU's neighbourhood is composed of regime types ranging from new but weak democracies to regimes with authoritarian features and limited political participation.
- Topic:
- Security, Development, and Government
- Political Geography:
- Russia, Europe, Caucasus, and Balkans
90. The democratic legitimacy of European Security and Defence Policy
- Author:
- Wolfgang Wagner
- Publication Date:
- 04-2005
- Content Type:
- Working Paper
- Institution:
- European Union Institute for Security Studies
- Abstract:
- Since the EU has assumed responsibility for military operations, questions of democratic legitimacy have become more prominent in European Security and Defence Policy (ESDP). Although democracy has been a contested concept, four 'pillars' can be distinguished that contribute to a democratically legitimate ESDP. This Occasional Paper analyses each of these pillars.
- Topic:
- Security, Defense Policy, and Government
- Political Geography:
- Europe
91. Providing Security. The Division of Labour. Armed Forces, Gendarmerie, Police
- Author:
- Alain Faupin
- Publication Date:
- 02-2005
- Content Type:
- Working Paper
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- This topic is quite uneasy as the security tasks of all three organizations, namely armed forces, police and gendarmerie, are either very different, or very intermingled. The only common point is the primacy of the civilian authority, a rule of good governance and of democracy scrupulously applied and overseen.
- Topic:
- International Relations, Security, Government, and Governance
- Political Geography:
- Europe
92. The power of norms in the transposition of EU directives
- Author:
- Antoaneta Dimitrova and Mark Rhinard
- Publication Date:
- 11-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- Transposition research provides an excellent opportunity to bring new data to bear on two of the most dominant theoretical approaches to European Union studies: rational choice institutionalism and sociological institutionalism. Yet the goal of comparable testing is hampered by the underspecified nature of the sociological perspective. This paper takes some steps towards identifying and operationalising a sociological explanation of the transposition of EU directives. Examining an array of alternatives, we single out an approach that focuses on the transmission of norms as a way to explain transposition delay and content changes, and on persuasion to help explain norm change over time. To probe the validity of our explanation, we apply it to a case study of the transposition of two anti-discrimination directives from 2000 in Slovakia. In short, our paper aims to move forward the search for a testable sociological framework in EU studies, while offering an operational approach to studying the process of transposing EU directives.
- Topic:
- International Relations, Development, and Government
- Political Geography:
- Europe and Slovakia
93. Administering information: Eurostat and statistical integration
- Author:
- Ulf Sverdrup
- Publication Date:
- 10-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- This chapter analyses the processes and dynamics of institution building in the European Union (EU). While most studies of EU institution building have dealt with the birth and evolution of key institutions, such as the legislatives, the executives or the courts, the focus is here on a different aspect of democratic governance: the informational foundation of the EU. The chapter examines developments and changes in the organization of numerical information in the EU, in particular the role of Eurostat, the statistical office of the European Commission. How and to what extent can we observe the emergence of a pan-European informational system? How and to what extent has the European information system in Europe interacted and worked together with national statistical institutes?
- Topic:
- Democratization, Development, and Government
- Political Geography:
- Europe
94. Making and Breaking the Rules: French policy on EU "gouvernement économique" and the Stability and Growth Pact
- Author:
- David J. Howarth
- Publication Date:
- 10-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- The failure of the Raffarin Government to respect the Stability and Growth Pact (Stability Pact, SP), its call for the Pact's reconceptualisation, reform of the management of the Euro-zone's monetary policy and EU-level reflation should be seen not as a significant change in French policy on 'gouvernement économique' (that is, EU-level economic governance (GE) but as a reassertion of long standing but contradictory French preferences. French policy-makers have been caught in a dilemma with regard to the construction of the Economic dimension of EMU between two strong preferences: on the one hand the supranational consequences of a dirigiste approach to macro-economic policy and, on the other hand, a Gaullist reflex to retain sovereignty as much as possible and to insist upon intergovernmentalism in EU-level macroeconomic policy-making. The 'price stability' function of GE as embodied by the Maastricht Treaty rules on convergence and the SP has been consistently marginalized in the discourse of French governments of both the Right and Left. Rather EG has been presented in five overlapping ways which can all be seen in terms of the paradox of the French pursuit of both reinforced macroeconomic policy coordination at the EU level yet also national margin of manoeuvre through intergovernmental policy making. Crucially, this paradox also explains the lack of clarity and inconsistency in French pronouncements on GE. Most elements of the 2002 Commission and Ecofin SP reform proposals and the precise elements of the Pact reform finally agreed in March 2005 met with French approval given that they render the SP more flexible allowing greater margin of manoeuvre in the development and implementation of the Broad Economic Policy Guidelines (BEPG) and the application of the Excessive Deficit Procedure (EDP), thus better meeting French intergovernmentalist preferences on EG but undermining the coordination of national macroeconomic policies that could contribute to an effective policy mix with the ECB's monetary policy.
- Topic:
- Economics, Government, and International Trade and Finance
- Political Geography:
- Europe
95. After Hierarchy? Domestic Executive Governance and the Differentiated Impact of the European Commission and the Council of Ministers
- Author:
- Torbjorn Larsson and Jarle Trondal
- Publication Date:
- 10-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- This study offers an organisation theory approach that claims that the differentiated organisational constellation of the European Union contributes to a differentiated Europeanisation of domestic core-executives. It is argued that the European Commission mainly activates the lower echelons of the domestic government hierarchies, notably professional experts within sector ministries and agencies. Furthermore, the European Commission arguably weakens domestic politico-administrative leadership, the Foreign Office and the Prime Ministers Office. By contrast, the Council of Ministers arguably strengthens domestic politico-administrative leadership, the Foreign Office and the Prime Ministers Office. A comparative analysis of the decision-making processes within the central administrations of Norway and Sweden is offered. Based on a rich body of survey and interview data this analysis reveals that multi-level interaction of administrative systems between the European Commission and the Norwegian and Swedish central administrations occur largely outside the control of the domestic politico-administrative leadership, Prime Ministers Office and Foreign Office. In Sweden this tendency is to some extent counterbalanced by the inter-sectorally interlocking effect of the Council of Ministers.
- Topic:
- International Relations, Government, and Sovereignty
- Political Geography:
- Europe
96. Towards Statehood? The EU's move towards Constitutionalisation and Territorialisation
- Author:
- Thomas Christiansen
- Publication Date:
- 08-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- The recent period of Europe an integration has witnessed the attempt by elites to formalise the long-standing trend towards a constitutionalisation of the European Union. The paper asks whether this process of constitutionalisation, together with a twin process of territorialisation – the development of the EU as bounded political space – can be seen as a move towards state- building at the European level. In order to address these issues, the paper assesses in turn the significance and the impact each of the two processes may have on the 'remaking' of Europe. In this context, the EU's Nordic Dimension, the debate surrounding the Turkish application for EU membership and the evolving Neighbour Policy of the Union are looked at in more detail. By way of conclusion this paper argues that the discourses – rather than the decisions – which have dominated the integration process in recent years, mark something of a departure from the previous 'post-Westphalian' path of European integration, and instead point towards a more statist conception of the Europe an Union. It remains to be seen to what extent these discourses will subsequently have ramifications in normative, institutional and policy-terms, and what resistance to the choices implicit in these discourses will have to confront.
- Topic:
- International Relations, Development, and Government
- Political Geography:
- Europe
97. Rethinking European Law's Supremacy
- Author:
- Christian Joerges, Rainer Nickel, Damian Chalmers, Florian Rödl, and Robert Wai
- Publication Date:
- 07-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- The clear rejection of the European Constitutional Treaty by the French and Dutch electorates seems to reflect, at least in part, the uneasiness of many European citizens with a Europe which they perceive to govern "from above" with insufficient legitimacy, and without an adequate balance of free market vs. social concerns.
- Topic:
- Government and Treaties and Agreements
- Political Geography:
- Europe and France
98. The Role of Public Discourse in European Social Democratic Reform Projects
- Author:
- Vivian A. Schmidt
- Publication Date:
- 06-2005
- Content Type:
- Working Paper
- Institution:
- European Research Papers Archive
- Abstract:
- Public discourse, understood both as ideas about public action and interactive processes that serve to 'coordinate' the construction of those ideas and to 'communicate' them to the public, has been central to the success (or failure) of the reform projects of social democratic parties. Certain background factors, including countries' policy legacies, problems, preferences, and capacity set the stage for reform while good ideas which are cognitively sound and normatively appropriate as well as relevant, coherent, and consistent contribute to reform success. But institutional context also matters with regard to how ideas are conveyed to whom, with 'simple' polities emphasizing the 'communicative' discourse to the general public and more 'compound' polities the 'coordinative' discourse among policy actors. This is demonstrated with examples from Germany, France, Britain, Italy, the Netherlands, Denmark, and Sweden.
- Topic:
- Civil Society, Democratization, and Government
- Political Geography:
- Europe, France, Germany, Denmark, Italy, Sweden, and Netherlands
99. Party System Institutionalization and Party System Theory After the Third Wave of Democratization
- Author:
- Scott Mainwaring and Mariano Torcal
- Publication Date:
- 04-2005
- Content Type:
- Working Paper
- Institution:
- Kellogg Institute for International Studies
- Abstract:
- The overarching argument of this paper is that the party systems of less developed countries are less institutionalized than those of the advanced industrial democracies. The paper examines three differences between the party systems of the advanced industrial democracies and party systems of less developed countries. First, we show that most democracies and semi-democracies in less developed countries have much higher electoral volatility than the advanced industrial democracies. Second, much of the literature on parties and party systems assumes the context of institutionalized party systems with strong party roots in society and further presupposes that programmatic or ideological linkages are at the root of the stable linkages between voters and parties. In the party systems of most democracies and semi-democracies in less developed countries, programmatic or ideological linkages between voters and parties are weaker. Third, linkages between voters and candidates are more personalistic in less developed countries than in the advanced industrial democracies.
- Topic:
- Democratization, Development, Government, and Third World
- Political Geography:
- Europe
100. On the Continuing Relevance of the Weberian Methodological Perspective (with Applications to the Spanish Case of Elections in the Aftermath of Terrorism)
- Author:
- Robert M. Fishman
- Publication Date:
- 02-2005
- Content Type:
- Working Paper
- Institution:
- Kellogg Institute for International Studies
- Abstract:
- This paper argues for the continuing relevance of Max Weber's distinctive methodological perspective by first elaborating its constitutive elements and then applying it to the analysis of an important recent political episode: the Spanish case of elections in the aftermath of terrorism in March 2004. The paper takes as the central feature of Weberian methodology the embrace of both poles in a series of intellectual tensions such as the seeming opposition between pursuing generalizing theorization and case-specific nuance and specificity. The paper examines the basis for this approach in Weber's classic Objectivity Essay and then builds a case for its continuing relevance by arguing that the impact of the March 11, 2004 terrorist attack in Madrid on Spain's March 14 elections cannot be understood without a thorough analysis of much that is specific to the case's political history, its pattern of conflict over regional and national identities, and its distinctive nexus between institutional and social movement forms of political engagement. Emphasis is placed on the large shift of votes in the country's plurinational periphery and the electoral impact of micro-demonstrations. The paper argues that this case shows the importance of using generalizing concepts and theories without losing sight of case-specific dynamics that fail to fit within the a priori assumptions of such generalizing approaches.
- Topic:
- Government, Politics, and Terrorism
- Political Geography:
- Europe and Spain