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  • Author: Pitrová Markéta
  • Publication Date: 03-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: The paper seeks to examine the phenomenon of populism in connection with the first EP elections in the Czech Republic (CZ). It aspires to answer the question whether the first EP elections can be described as populist and, if yes, then owing to which parties. It gives a basic overview of the electoral system, the actors involved and the voter turnout. It attempts to define populism and distinguish it from euroscepticism. The paper's key focal point is then the application of the identified attributes of populism on those political parties that received more than 1 % of the vote. The findings lead to the rejection of the assertion about a populist character of the EP elections in the CZ, and a classification of individual actors is suggested.
  • Topic: Civil Society, Democratization, Politics
  • Political Geography: Europe
  • Author: Britta Rehder
  • Publication Date: 04-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: This paper reflects on the literature on courts and politics in Europe and the United States. US-American Political Science has dealt for over fifty years with the role of courts and judges as political actors, whereas this perspective has only recently emerged in Europe. The debates differ not only with regard to the number of articles written, but also with regard to their content. This paper discusses the different research perspectives that are being pursued on both sides of the Atlantic. While a major part of the US-American literature investigates the politics of judicial action and the politicization of the legal system, research on European courts confines itself to analyzing the effects of judicial action, often describing them in terms of juridification. Based on a review of the existing literature, this paper suggests that European scholars ought to take crucial assumptions of the US-American research tradition more seriously.
  • Topic: Development, Politics
  • Political Geography: United States, America, Europe
  • Author: Martin Rhodes, Manuele Citi
  • Publication Date: 01-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: The emergence in the European Union of new modes of governance (NMG) such as the Open Method of Coordination (OMC) has produced an enormous literature that falls into four broad categories: a theoretical approach seeks to explain why such methods emerged and locates them in existing theories of European integration, policy-making and institutional change; a strongly normative approach extols the nonhierarchical, deliberative virtues of NMG and 'soft' law and prioritizes the potential of the OMC as a font of 'social learning'; a more empirical approach assesses new modes in operation across different policy areas and countries; and a more critical approach assesses the claims made on the OMC's behalf as an effective instrument of policy making. Apart from our concern to critically review this literature, our aim is also to focus in on one of its greatest deficiencies: the absence, hitherto, of a comprehensive, multi-level framework for analysis, capable of specifying the conditions under which OMC practices are likely to produce a convergence of member state policies on common objectives. In doing so we also bring into our account a parallel literature – on policy diffusion and learning – that is frequently referred to by studies of the OMC and other new modes of governance but is rarely integrated systematically into their analysis.
  • Topic: International Relations, Nationalism, Politics
  • Political Geography: Europe
  • Author: Philip Manow, Holger Döring
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: Voters who participate in elections to the European Parliament tend to use these elections to punish their domestic governing parties. Many students of the EU therefore claim that the party-political composition of the Parliament should systematically differ from that of the Council. This study, which compares empirically the party-political centers of gravity of these two central political actors, shows that opposed majorities between Council and Parliament may have other than simply electoral causes. The logic of domestic government formation works against the representation of politically more extreme parties, and hence against more EU-skeptic parties in the Council. At the same time, voters in EP elections vote more often for these more extreme and more EU-skeptic parties. The different locations of Council and Parliament in the pro-/contra-EU dimension may thus be caused by two – possibly interrelated – effects: a mechanical effect, due to the translation of votes into seats and then into ‘office’, and thus also into Council representation, and an electoral effect in elections to the European Parliament. The paper discusses the implications of this fi nding for our understanding of the political system of the EU and of its democratic legitimacy.
  • Topic: Government, Politics, Regional Cooperation
  • Political Geography: Europe
  • Author: Ulrich K. Preuss, Claus Offe
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: The authors discuss potential sources of legitimacy of the EU, i. e. of the normative bindingness of its decisions. After rejecting the views that such legitimacy is either not needed, not feasible, or provided for already, they focus upon the corrosive impact of the EU upon democratic legitimacy within member states. Brussels-based 'governance' is essentially uncontested and can hardly provide for the legitimacy that results from the interplay between government and opposition within nation states. The problem boils down to achieving legitimacy in the absence of the political community of a 'demos'. The paper outlines a solution to this problem that relies on the apparently oxymoronic model of a 'republican empire' - a political community, that is, which is held together not by the bonds of some presumed sameness, but, to the contrary, by the shared contractual recognition of the dissimilarity of its constituent parts from which legitimacy can flow.
  • Topic: Democratization, Development, Politics
  • Political Geography: Europe, Brussels
  • Author: Camil Ungureanu
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: In this paper we advance the argument that, under certain socio-political and cognitive conditions, the manifestation of religion in the opinion-oriented public spheres can have an inherent value for democratic life. However, it is only after processes of selective interpretation and transformation through inclusive discursive practices that religious semantic contents may legitimately influence decisional interpretations of constitutional principles and rights. This “model” draws on republicanism and deliberative democracy: given that these two conceptions do not start out from an abstract principle of liberty as non-interference but from a multidimensional conception of freedom embedded in various historical contexts of mutual recognition, they are more predisposed to provide conceptual resources for envisaging a discursive relation between democracy and religion.
  • Topic: Democratization, Economics, Politics, Religion
  • Political Geography: Europe
  • Author: Fabrizio Cafaggi
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: This paper addresses self-regulation as a complementary means to harmonize and regulate European Contract Law. In the context of the paper SR is conceived as a complementary device to legislation and as a monitoring device to verify ECL implementation.
  • Topic: Economics, Markets, Politics
  • Political Geography: Europe
  • Author: Ernst-Ulrich Petersmann
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: This paper discusses the basic constitutional problem of modern international law since the UN Charter: How can the power-oriented international legal system based on “sovereign equality of states” be reconciled with the universal recognition of “inalienable” human rights deriving from respect for human dignity and popular sovereignty? State representatives, intergovernmental organizations, international judges and non-governmental organizations often express different views on how far the universal recognition of human rights has changed the subjects, structures, general principles, interpretative methods and “object and purpose” of international law (e.g. by the emergence of erga omnes obligations and jus cogens limiting state sovereignty to renounce human rights treaties, to refuse diplomatic protection of individuals abroad, or domestic implementation of international obligations for the benefit of domestic citizens). The paper explains why effective protection of human rights at home and abroad requires multilevel constitutional protection of individual rights as well as multilevel constitutional restraints of national, regional and worldwide governance powers and procedures. While all European states have accepted that the European Convention on Human Rights and EC law have evolved into international constitutional law, the prevailing paradigm for most states outside Europe remains “constitutional nationalism” rather than “multilevel constitutional pluralism.” Consequently, European proposals for reforms of international economic law often aim at “constitutional reforms” (e.g. of worldwide governance institutions) rather than only “administrative reforms”, as they are frequently favoured by non-European governments defending state sovereignty and popular sovereignty within a more power-oriented “international law among states.”
  • Topic: Economics, Nationalism, Politics, Sovereignty
  • Political Geography: Europe, United Nations
  • Author: Christian Joerges, Michelle Everson
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: It is perhaps a truism to note that 'the consumer' is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its encounters with the consumer? Can it, and if so to what way, shape the act of consumption? Can it even ensure that the 'fact' of consumption translates into 'good' normative institutions.
  • Topic: Economics, Globalization, Politics
  • Political Geography: Europe
  • Author: Henry Farrell, Adrienne Héritier
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: We examine the sources and processes of institutional change in one important aspect of EU politics—the legislative procedure of codecision and show how interstitial change of institutions emerges between formal Treaty revisions and under specific conditions may be formalized in subsequent formal Treaty reforms. We develop two related models of Treaty change. First, in a'simple' model, we argue that informal rules will be formalized in the Treaty text where all member states are in agreement, and will be rolled back when all member states oppose them; otherwise they will continue in existence at the informal level. Second, in a more complex framework, we argue that actors who have effective veto powers in a related arena may make credible threats that allow them to press member states into formalizing informal rules, provided that member states are not unanimously opposed to this formalization. We empirically assess our claims in the light of several instances of informal rules applied in the codecision procedure.
  • Topic: Development, Economics, Politics
  • Political Geography: Europe